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HomeMy WebLinkAbout13-0917 (2)CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SEPTEMBER 17, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith - 9 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on September 3, 2013 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 5 ] [ 213 - 6 ] [314- 7] *AYE* NO * * * * * * * * * *Z * * * * * * * * * * * * September 17, 2013 FROM THE MAYOR September 17, 2013 . FROM THE MAYOR - EXECUTIVE DEPARTMENT September 17, 2013 FROM THE OFFICE OF CITIZEN SERVICES 0000: COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 6, 2013 FROM: DEPARTMENT Office of the Mayor DIVISION: Citizen Services SUBJECT: Assignment and Assumption Agreement between LaganTechnolo ig es Inc and the CoB The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review the Assignment and Assumption Agreement between Lagan Technologies Inc. and the City of Buffalo. Lagan was acquired by KANA Software, Inc. in late 2010. It was a share sale, so Lagan is a wholly owned subsidiary of KANA. Lagan Technologies Inc. the vendor of the City of Buffalo's 311 call center software was acquired by KANA Software and KANA is assuming all obligations, rights, title and interest that were held by Lagan Technologies Inc. This form has been reviewed and approved by the Law Department and we are seeking approval from this honorable body to proceed with Assignment and Assumption agreement by City and Lagan Technologies Inc. and KANA Software. Department Head Name: Oswaldo Mestre Jr. r Title: Director. Citizen S Signature of Department Head: � _ I- - 5 U ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the. "Assignment ") is made and entered into as of the day of September, 2013 (the "Effective Date "), by and between Lagan Technologies, Inc., a Delaware corporation ( "Lagan ") and KANA Software, Inc., a Delaware corporation ( "Kana "). The City of Buffalo (the "Consenting Party ") is included herein for purposes of giving its consent to the Assignment. RECITALS A. Lagan and the Consenting Party have entered into that certain Public Sector Supply Agreement dated March 20 2008 (the "Subject Agreement "). B. Following Kana's acquisition of Lagan in November, 2010, Lagan now desires to assign all of its obligations and its right, title, and interest in and to the Subject Agreement to Kana, and Kana desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. From and after the Effective Date, Lagan hereby assigns, conveys, transfers and delivers to Kana all of Lagan's right, title, interest, and obligation in, to and under the Subj ect Agreement, and Kana hereby accepts such assignment and agrees to assume performance of all terms, covenants, obligations and conditions occurring or arising under the Subject Agreement from and after the Effective Date, including specifically, but not limited to any and all obligations still to be performed, all warranties, indemnification, licenses and license grants. 2. Assumption of Obligations. By acceptance of this Assignment, Kana hereby agrees to assume all of Lagan's right, title, interest and obligation in, to and under the Subject Agreement, and Kana agrees to timely discharge, perform or cause to be performed and to be bound by all of the Iiabilities, duties and obligations imposed in connection with the Subject Agreement, including specifically, but not limited to any and all obligations still to be performed, all warranties, indemnification, licenses and license grants from and after the Effective Date to the same extent as if Kana had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the governing law provision set forth in the Subject Agreement. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to A effectuate and carry out this Assignment. 6. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one. and the same instrument. 7. Compliance with Subject Agreement. The parties further agree that this Assignment complies with the requirements for contract amendment or assignment as contained within the Subject Agreement. 8. No Further Changes. In all other respects, the terms and conditions of the Subject Agreement remain unchanged and are hereby ratified by the parties and remain in full force and effect. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the Effective Date. Assignor Assignee Lagan Technologies, Inc. KANA Software, Inc. By: By: Its: Its: CONSENT The Consenting Party hereby consents to the assignment of the Subject Agreement from Lagan to Kana on the terms set forth herein. The City of Buffalo By: Its: Effective Date: APPROVED AS TO FORM ONLY I Assignment and Assumption Agreement between Lagan Technologies, Inc. and the City of Buffalo Mr. Smith moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Director of the Department of Citizen Services to enter into an Assignment and Assumption Agreement between the City of Buffalo 311 Call Center and Lagan Technologies, Inc. and KANA Software. Lagan Technologies, Inc. was acquired by KANA Software and is assuming all obligations, rights, title and interest that were held by Lagan Technologies, Inc. PASSED C:\Users%lrucinski\AppDatal Local \MicrosoftlWindowslTemporary Intemet Filesl Content.Outlook\OX32QVW6\Assign and Assump Agreement - Lagan.docx m *.AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- S] * * [2I3 - 6] [314 - 7] 00O COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 3, 2013 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report for August 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 August of 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints. received. C Department Head Name: Title: Signature of Department Hi Oswaldo Mestre Jr. ffl \D !4 City of Buffalo Citizen Services 218 City Hall Calls Between 81912093 and 813912013 1y 218 City Hail Calls Between 81112013 and 813112013 C FROM THE CITY PLANNING BOARD September 17, 2013 0 0 00011 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: n� Action Title St. Gerard's Community Learning Center Ix Location: 2563 Bailey Avenue Type of Action: Unlisted - Uncoordinated Description: Trautman Associates on behalf of Gerard Place is proposing the renovation of the building located at 2563 Bailey Avenue. The goal of this project is to create the Gerard Place Community Center which will serve as an education, training and family support hub in the 14215 neighborhood. Once complete the facility will offer access to GED training at the Center or in the adjacent Gerard Place Building. There will be training in a minimum of fourfields of study including nursing assistants, home healthcare aide, and licensed practical nursing, childcare service and hospitality /food service. A gymnasium for community use after school and on weekends targeted to families will be available. The existing abandoned school building contains a large gymnasiumlauditorium, some gathering spaces, and a bowling alley on the first floor. The second floor contains nine existing classrooms and some bathroom space. Due to neglect over the years a majority of the interior spaces require rejuvenation before the building is occupied. A three phase renovation is planned which will first address the issues with the building envelope and accessibility issues. The existing roof and windows systems will be replaced with more efficient systems. An exterior ramp will be added to the south entrance which will act as the main entry point. An elevator will be added to provide access from the first (ground) floor to the second floor. The second phase will address the need for employment training for health care fields and a space for safe after school programs followed by renovation of a portion of the first floor to become a thrift store. Phase three includes the renovation of the kitchen and cafeteria and the addition of a food service training program. Phase three will also complete community recreation spaces and result in a community center with the capacity to meet the needs of the neighborhood individuals and families. The project will be privately funded in the amount of 3,700,000. Construction is anticipated to begin in the spring of 2014 and be complete in the fall 2016. New landscaping will be completed on the site as well as exterior improvements to the building. The majority of the work will be to the interior of the building. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the renovation of a significant building located in Downtown Buffalo that has been vacant for many years providing jobs during renovation activities as well as new housing opportunities for current and future urbanites. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 - 5085 Dated September 10, 2013 CC: City Clerk City of Buffalo Public works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Trautman Associates RECEIVED AND .FILEU 0 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 40 Churchill Street Paving Location: 40 Churchill Street Type of Action: uncoordinated - unlisted Description: Tredo Engineers is proposing on behalf of 40 Churchill Street the expansion of the paved surface located at 40 Churchill Street Buffalo New York. The parcel is currently zoned M -1 —Light Industrial, The facility an site is currently used for storage of art supplies. The property is secured with an existing chain link fence. An existing one story metal building and paved surface entrance is to remain. The site is predominantly lawn and there are no trees on site. The proposed development includes a new driveway curb out and 15,400 sq. of paved surface expansion to provide egress and on site maneuvering space for tractor - trailer delivery vehicles and additional staff parking. Drainage improvements include surface detention and new culvert connections to the main sewer in Churchill Street. Existing low -level overhead wires within the right of way are proposed to be raised to allow truck egress to the site. No improvements to the existing structure or other utilities are included. Additional landscaping will be added and existing landscaping will be enhanced as it was not completed during the first phase of this project. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Drat Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. The project will aid the movement of vehicles on this site as well as beautify the area with the new landscaping improvements. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated: September 10 2013 CC; City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Tredo Engineers RECEIVED AND FAL�Lo 8 SEQRA Notice of Determination U �Y Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Vazquez Family Practice Medical Offices Location: 501 7 "' Street (Seventh) Type of Action: coordinated - unlisted Description: John Haas Architect, PC is proposing on behalf of Vazquez Family Practice the construction of a medical office building located at 501 7th Street (Seventh) Buffalo New York. The existing site a vacant, 18,942 SF (,044 acre) with an existing residence to the north side (unoccupied) and to the south side. The property is zoned R -3 adjoining.a C -2 site with an existing medical facility managed by Dr. Vazquez. The proposed new community medical office building will be 80'x 110 located to the west side of the property along 7th Street. The existing parking area at the current medical office building will be expanded onto the east side of the property between the existing and proposed building. The main entrance to the proposed building is from this new parking area with no access from 7 Street. A six foot high stockade style vinyl fence; match /reuse portion of existing; is to be installed along the north and south property lines as well as return to the proposed building along the 7 Street side. The proposed building (8800 SF per floor) will be two stories tail with an additional occupied basement level. The entire building will be ADA compliant and accessible with at-- grade entrances and an elevator in the building. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The new medical facility will allow Dr. Vasquez to and provide more comprehensive medical services to the lower West side and surrounding community that at times appears to be medicaily underserved. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated: September 10 2013 CC: City Clerk City of Buffalo Publie Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection John Haas, Architect S l4' 0000; SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Planing Mill Renovations /Parking Location: 141 Elm Street AKA 456 Michigan Avenue °lll Type of Action: Unlisted - Uncoordinated Description: C &S Companies on behalf of the owner is proposing a building renovation with parking located at 141 Elm Street AKA 456 Michigan Avenue. The proposed plan includes parking lot improvements showing landscaping, modified curb cuts, site lighting, fencing and building entrance treatmentslvestibule additions, The majority of the work will be to the interior however any changes to the elevations of the building including necessary window replacement will be in kind. The plan for the building is to provide commercial space in a lower level and residential /apartments on the upper floors. Features of the building over all will be preserved and structural improvements to the exterior are planned. A neighborhood meeting is planned to discuss the various aspect of the project with the surrounding community As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the renovation of a significant building located in Downtown .Buffalo that has been vacant for many years providing jobs during renovation activities as well as new housing opportunities for current and future urbanites. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5o85 Dated September 10, 2013 CC: City Clerk City of Buffalo Public Works, Parks, Sweets Department City of Buffalo Economic Development, Permits and Inspection C &S Companies RECEIVED AND FILED 1"\ 1 1 FROM THE COMPTROLLER September 17, 2013 ® 00� COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: September 12, 2013 FROM: The Department of Audit & Control SUB': Erie Basin. Marina Audit Attached is the audit report on the contract for operation of Erie Basin Marina for the years 2008 — 2012. The audit found that the operator, Brand -On Services, owes the City $343,245 in rent after underpaying the city in each of the past five years. It is also worth noting that 20,000 gallons of gasoline are unaccounted for. Brand -On's fuel supplier informed auditors that it supplied the company 3 83,173 gallons of gas over the five -year audit period. Brand -On reported to the City that it only sold 362,484 gallons during that time. In addition to the missing gas, Brand -On has been underpaying the city on the gas it did report. The contract stipulates that Brand -On pay the City 10 percent of gas sales. Brand -On has been paying the City 10 cents per gallon, significantly less than it should have been paying. Between underpaying on the gas it did report, and not paying anything on the 20,000 gallons that are unaccounted for, Brand -On owes the City $82,923 for gasoline sales alone. The remaining $260,322 owed to the city comes from unauthorized deductions in rent and underreporting of sales from the store, restaurant, and slip rentals. We recommend that the City pursue payment of the $343,245 from Brand -On Services, and that the City terminate its contract with this vendor and look for other firms to operate the marina and restaurant. The Commissioner of Public Works agrees with these recommendations in his response, which is attached. If you have any questions, please feel free to contact me or Executive Assistant to the Comptroller Patrick Curry. DEPARTMENT HEAD: Mary J. F. Schroeder TITLE: Comptroller SIGNATURE: V A REFERRED TO THE COMMITTEE ON FINANCE,. 1`� I'lli CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL AUDIT REPORT CONTRACT FOR OPERATION OF ERIE BASIN MARINA FOR THE YEARS 2008 - 2012 ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR AUGUST 2013 MARK J.F. SCHROEDER COMPTROLLER (? Preface The City of Buffalo (the "City ") constructed the Erie Basin Marina located at 329 Erie Street on Buffalo's waterfront in 1974. The Marina consists of a boat harbor, marina and multi- purpose recreational and food service facility for use by the general public. After a Request- for - Proposal in 2001 the City entered into a lease agreement with Brand -On Services, Inc. (the "Operator ") to operate the Marina. Summary of Lease Agreement The lease agreement (the "Contract") between The City of Buffalo and Brand -On Services, Inc. requires rental payments from the Operator to the City based on sales at Erie Basin Marina (the "Marina "). The Rental Amount is calculated by the Operator and is submitted to the City annually. The Rental Calculation is based on three categories of sales: 1. Base Sales - defined as sale of food, beverages, sundry items, transient slip rental and sewage pump out. The Operator is to pay rent between 7- 13% of sales, escalating as Base Sales increase. 2. Fuel Sales - The Operator shall pay the City 10% of all fuel sales, net of taxes. 3. Gross Marina Revenue - The Operator is to pay the City between 40 -- 55% of revenue from slip rental, dry storage of boats, daily and seasonal boat launch fees, Miss Buffalo and Moondance dock rental fees. Additionally the lease allows for installation of floating docks at the Operator's expense. The City is to receive 5% of the gross rentals from these docks in the 4 through 10 seasons after installation. Rent due related to Base Sales plus Fuel Sales is subject to a minimum rent payment of $80,000. Rent due related to Gross Marina Revenue is subject to a minimum rent payment of $115,000. An annual deduction from rent of $87,000 is allowed as the Operator has assumed the responsibility of maintaining the entire Marina including the lawn and garden areas. This reduction in rent was approved by the Common Council on March 30, 2004 (Item No. 70 CCP Mar 30, 2004). The Contract requires approval from the Common Council for any reduction in rent. The minimum annual rent due to the City for the Marina is $108,000 ($80,000 + $115,000 -$87,000). The Contract term runs through the 2013 season with a two year renewal option that can be exercised upon mutual agreement of both parties extending the term through 2015. P Audit Objectives The audit objective is to verify the proper amount of rent was paid to the City for the 2008 — 2012 seasons in accordance with the terms of the Contract. in order to accomplish this, the following procedures were performed: • Verify mathematical accuracy of the Rental Calculation. • Verify proper amounts recorded as Base Sales on Rental Calculation by vouching amounts to supporting documentation, including daily sales summaries and cash register receipts listing food, beverage and sundry sales. • Verify proper amounts recorded as Fuel Sales by vouching gallons of fuel sold on Rental Calculation to letter received from fuel distributor confirming gallons of fuel delivered. • Verify proper amount recorded as Gross Marina Revenue on Rental Calculation by vouching amounts to supporting documentation, including slip rental schedules, slip rental contracts and boat launch tickets. • Verify payments on Rental Calculation agree to amounts received by the City. Summary of Audit Results Rent Payable Per Operator Rent Payable Per Audit Errors in Calculation of Rent 2008 2009 2010 2011 2012 Total $ 233,022 $ 219,340 $ 222,847 $ 231,249 $ 249,454 $1,155,912 262,908 234,556 239,228 267,402 270,686 1,274,780 29,886 15,216 16,381 36,153 21,232 118,868 Credits against Rent per Operator (233,022) (104,148) (110,791) (114,334) (120,997) (683,292) Credits against Rent per Audit (102,880) 87,299 (89,102) (89,688) (89,946) (458,915) Excess Credits Deducted from Rent 130,142 16,849 21,689 24,646 31,051 224,377 Amount Due to City per Audit $_160,028 S 32,065 $ 38,070 $ 60,799 $ 52,283 $ 343,245 Several errors were discovered in the Rental Calculation provided by the Operator resulting in an underpayment of rent of $343,215 for the five years under audit. The three most significant errors were related to calculation of rent due on Base Sales, Fuel Sales and amounts deducted from rent not allowed under the terms of the Contract. First, rent due related to Base Sales was calculated by the Operator using a rate lower than agreed to in the Contract and certain sales were omitted from the calculation. Second, rent due on Fuel Sales was calculated by the Operator at a rate of $0.10 per gallon as opposed to the contractual rate of 10% of sales and certain sales were not included in the calculation. Third, amounts were subtracted from rent for maintenance costs incurred by the Operator. The Contract does not 2 IN allow for deductions in rent without approval from the Common Council. No proof of approval by Common Council was provided to justify the deductions from rent. Other errors of lesser cost to the City were found related to the reporting of slip rental fees, boat launches and other credits deducted from rent. Insufficient documentation was provided by the Operator to verify amounts recorded on the Rental Calculation as transient slip rental. Audit Findings 1. Errors in Reporting of Base Sales in Rental Calculation In accordance with the contract, Base Sales are defined as gross sales of food and beverages, along with sundry items from the ship store. Base Sales also include sales from vending, food carts, additional food or ice cream stands, transient slip rentals and sewage pump out. The Operator provided a daily sales summary of these items and the corresponding cash register tapes verifying the sales. The cash register tapes were compared to the daily sales summary to verify the accuracy of the daily sales summary. Then the daily sales summary sheets were totaled and compared to the Rental Calculation. The totals from the daily sales summaries did not agree to amounts recorded on the Rental Calculation resulting in Base Sales being understated on the Rental Calculation by $107,407. The differences were not adequately explained by the Operator. The Operator stated $48,064 of 2008 and $8,785 of 2009 unreported Base Sales were attributable to "Cash over /short." Further explanation was not provided. Transient slip rentals of $56,796 were not included in Base Sales as specified in the Contract, these sales were erroneously included in Gross Marina Revenue in the Rental Calculation. This error resulted in an overpayment of rent to the City and was adjusted in the Auditor Rental Calculation, see Appendix A for further detail. Rent due on Base Sales was not calculated using the proper rates. The Contract requires payment of rent on Base Sales at rates varying between 7 —13 % depending on volume of Base Sales. The Operator was calculating rent due at rates between 7 - 10 %. In a letter from the Operator's Accountant this error was acknowledged and it was agreed that amounts related to this miscalculation would be repaid at the conclusion of the 2013 season. The repayment amount proposed by the Operator is $24,510. The amount of Rent on Base Sales understated by the Operator is as follows: 5 Year 2008 2009 2010 2011 2012 Total Understated Rent on Base Sales $8,315 $6,180 $4,801 $12,097 $12,648 $44,041 �a For the period under audit rent due related to Base Sales was understated by $44,042 and Base Sales of $164,204 were unreported by the Operator. 2. Errors in Reporting of Fuel Sales in Rental Calculation The Contract states "The Operator shall pay the City 10% of all fuel sales, net of taxes." The Operator's Rental Calculation uses a rate of $0.10 per gallon on fuel sales to calculate rent due on fuel sales. On March 7, 2006 a letter was written by the Operator to then Commissioner of Public Works Joseph Giambra. The letter states a conversation took place between the two parties and it was agreed to change from the 10% rate stated in the Contract to the rate used in the Rental Calculation of $0.10 per gallon. No further documentation of this conversation was provided. The Contract states that only the Common Council can approve matters involving reductions in rent, therefore the change in the calculation is not valid. The fuel supplier provided a letter confirming the number of gallons of fuel supplied to the Operator. This was obtained to verify an accurate number of gallons of fuel sold were reported in the Rental Calculation. The number of gallons sold in the Rental Calculation was 20,689 gallons lower than the number of gallons delivered by the fuel supplier for the period under audit. As a result of the unauthorized change in the calculation of rent due on Fuel Sales and unreported fuel sales, rent due on fuel sales was understated as follows: 5 Year 2008 2009 2010 2011 2012 Total Understated Rent on Fuel Sales $23,251 $11,779 $10,710 $17,165 $20,018 $82,923 3. Errors in Reporting of Gross Marina Revenue in Rental Calculation The Gross Marina Revenue is composed of rental of boat slips, boat launches at the boat ramp, dry dock storage of boats and dock rental to the Miss Buffalo and Moondance. Rent of 40 — 55% of gross revenue is due based on these sales. Also included in Gross Marina Revenue are amounts from Floating Docks purchased and installed by the Operator. The rent due on these docks is at a rate of 5% of gross rentals for the 0 through 10' seasons after installation. The docks were installed prior to the 2005 and 2007 seasons therefore rent is due beginning with the 2008 and 2010 seasons, respectively. Several errors were noted in reviewing the Rental Calculation related to Gross Marina Revenue, including minor understatement of amounts for boat slip rental and boat launching fees. Also improperly included in Gross Marina Revenue were Transient Slip Rentals. In accordance with the contract Transient Slip Rentals are to be recorded as Base Sales. All 9 amounts were adjusted in the Auditor's Rental Calculation in Appendix A. After the adjustments Rent on Gross Marina Revenue was overpaid by the operator as follows: 5 Year 2008 2009 2010 2011 2012 Total (Over)understated Rent on Gross Marina Revenue $ (1,680) $ (2,743) $ 870 $ 6,891 $(11,434) $ (8,096) The Operator recorded $6,793 more in rent than was due related to Gross Marina Revenue. 4. Unauthorized Deductions from Rent In accordance with the Contract deductions from rent must be approved by the Common Council. The Operator received approval from the Common Council for a credit of $87,000 for performance of maintenance services at the Marina (Item No. 70 CCP Mar 30, 2004). In the Rental Calculation under the title "City Maintenance Charges" amounts have been deducted from the rent due in addition to the $87,000 credit approved. No documentation was provided demonstrating Common Council authorization of these additional maintenance credits. Thus the deductions are not allowable in accordance with the Contract. Additionally, miscellaneous credits for security, construction of a patio and dock bumper turning (required maintenance related to docks needed to be performed each spring and fall) were deducted from rent. No approval from Common Council for these miscellaneous deductions was provided by Operator, therefore the amounts are not allowable deductions from rent. Unauthorized deductions from rent are as follows: The Operator stated in a letter dated July 12, 2013 "we were instructed by Commissioner of Public Works Joseph Giambra and the City of Buffalo Harbor Master to perform city maintenance items which should be deducted from the rent." It should be noted Mr. Giambra has not been Commissioner since December 2006. No documentation of these instructions were provided. Additionally no record of necessary approval from the Common Council on 5 5 Year 2008 2009 2010 2011 2012 Total Unauthorized Maintenance Credits $110,216 $15,224 $21,689 $20,556 $28,551 $196,236 Unauthorized Miscellaneous Credits 19,926 1,625 - 4,090 ___ 2,500 _ 28,141 Total Unauthorized Credits deducted from Rent $130,142 $16,849 $21,689 $24,646 $31,051 $ 224,377 The Operator stated in a letter dated July 12, 2013 "we were instructed by Commissioner of Public Works Joseph Giambra and the City of Buffalo Harbor Master to perform city maintenance items which should be deducted from the rent." It should be noted Mr. Giambra has not been Commissioner since December 2006. No documentation of these instructions were provided. Additionally no record of necessary approval from the Common Council on 5 dt" matters involving reductions in rent was provided. Therefore these are unauthorized deductions from rent and the amount of $224,377 is immediately payable to the City. 5. Other Findings The contract was awarded to Brand -On Services, Inc. The spouse of the Company President was an employee of the City when the contract was executed. The employee worked in the Department of Public Works, the department that awarded the Contract. The employee retired from the City in 2012. Also, the son of the President is a current employee of the City of Buffalo in the Department of Public Works. These factors suggest a conflict of interest may have existed at the time of execution of the contract and may still exist. There was inadequate support provided to document revenue related to Transient Boat Slip Rental. No further audit procedures were performed on amounts recorded as Transient Boat Slip Rental as it was determined the resources needed to perform further testing would exceed the expected results of the testing. Audit Recommendations 1. Request for Immediate Payment of Amount Due An Invoice should be sent immediately by the Department of Public Works to the Operator for the total amount due to the City of $343,245. If the amount due cannot be paid immediately further action should be taken by Corporation Counsel to ensure collection of this debt. 2. Termination of Contract at end of Season In accordance with the terms of the Contract the Common Council must approve any matters involving a deduction in rent. This procedure was followed to receive an $57,000 credit for performing additional maintenance at the marina, but was not followed to reduce the amount paid to the City for fuel sales or for taking additional credits against rent. The terms of the Contract have been violated at the expense of the taxpayer. If immediate corrective action is not taken, including payment of amounts due to the City, the Common Council should not approve the additional two year extension of the lease. 3. Strategic Review of Marina Use and Operation A strategic review of the Marina should be conducted to determine how to maximize both economic return on Marina assets and enjoyment to the taxpayers. It should be determined if the Marina is best operated by one vendor or if restaurant and marine services would be best handled by separate vendors. Also it should be determined if public ownership of the entire Marina is in the best interest of the taxpayer or if selling the restaurant to a private entity could create a better return on assets to the taxpayer. 0 Erie Basin Marina Rental Calculation For the 2008 Season Calculation from 13 Audit Results . Base Sales 7% Ships Store 69,686 Transient Slip Rental 8,000 Ice Cream 256,732 Beverages 139,333 Food 340,974 - 806,725 Base Sales Rental Calculation 806,725 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 256,725 10% 25,673 - 13% - 806,725 74,058 67,173 Fuel Sales Total Gallons Delivered 72,308 Less: Fixed Slip Rental Sales to City Buffalo (153) Sales to NYS Police (501) Sales to Wolasz Family (2,800) Net Sales (Gallons) 68,854 Average Gas Price 3,750 Rental Calculation 68,854 $0.10 6,885 Calculated Rent on Base Sales and Fuel Sales 74,058 Minimum Rent on Bases Sales and Fuel Sales 80,000 Rent Due on Base Sales and Fuel Sales Gross Marina Revenue 60,000 Fixed Slip Rental 301,462 Transient Slip Rental 6,720 Miss Buffalo Dockage 4,500 Moondance Dockage - Dry Dock Rental 3,750 Launch Tickets 11,087 Floating Docks C &D 54,975 327,519 Gross Marina Rent Calculation (579) (2.1,129) (1,625) (110,216) (87,000) (15,301) (5,068) 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 77,519 55% 42,635 327,519 13% 150,135 Floating Docks C &D 54,975 - Floating Docks F &G 57,738 5% 2,887 Rent Due on Gross Marina Revenue I53,022 $ 153,022 Total Rent Payable $ 233,022 Credits deducted from Rent Gas Purchased - City of Buffalo Construction of Patio - Year 4 of 4 Additional Construction - Year 3 of 4 City Maintenance Charges Landscaping Credit 6% of Dock B - W - Rebate of Overcharge Security Payroll 10/16/08 - 10/31/08 Total Credits Deducted from Rent Net Rent Due to (from) the City of Buffalo Payments made to City of Buffalo Balance Due $ 80,000 $ (240,918) $ (7,896) $ (7,896) Appendix A 1 of 5 44,626 6,720 258,065 570,817 880,228 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 100,000 10% 10,000 230,228 13% 29,930 880,228 81,430 82,434 82,434 3.66 301,362 10% 30,136 111,566 80,000 300,279 4,500 4,500 15,141 324,420 $ 111,566 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 74,420 55 % 40,931 324,420 148,431 54,975 - 58,225 5% 2,911 151,342 $ 151,342 $ 262,908 (579) (87,000) (15,301) $ (102,880) $ 160,028 $ 160,028 Erie Basin Marina Rental Calculation For the 2009 Season Base Sales Ships Store Transient Slip Rental Ice Cream Beverages Food Base Sales Rental Calculation Calculation from 69,958 al l Au dit Results 258,853 7% 24,500 140,484 Total Gallons Delivered 70,457 344,099 9% Less: 813,394 10% 10,000 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 263,394 10% 26,339 - 13% - 813,394 . Average Gas Price 67,839 Fuel Sales 7% 24,500 100,000 Total Gallons Delivered 70,457 100,000 9% Less: 100,000 10% 10,000 Sales to City Buffalo (103) 27,987 865,286 Sales to NYS Police (146) 50,000 45% Sales to Wolasz Family (3,283) 50% 25,000 Net Sales (Gallons) 66,925 26,106 297,466 . Average Gas Price 133,606 55,000 Rental Caiculation 66,925 $0.10 6,693 Calculated Rent on Base Sales and Fuel Sales 136,597 $ 136,597 74,532 Minimum Rent on Bases Sales and Fuel Sales $ 234,556 80,000 Rent Due on Base Sales and Fuel Sales $ 80,000 Gross Marina Revenue Fixed Slip Rental 272,915 Transient Slip Rental 8,929' ` Miss Buffalo Dockage 4,500 Moondance Dockage - Dry Dock Rental 4,500 Launch '.tickets 11,608 302,452 Gross Marina Rent Calculation 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 52,452 55% 28,849 302,452 136,349 Floating Docks C &D 54,975 - Floating Docks F &G 59,825 5% 2,991 Rent Due on Gross Marina Revenue 139,340 $ 139,340 Total Rent Payable $ 219,340 Credits deducted from Rent Gas Purchased - City of Buffalo Additional Construction - Year 4 of 4 City Maintenance Charges Landscaping Credit (299) (1,625) (15,224) (87,000) 34,783 8,929 250,983 570,59I 865,286 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 100,000 10% 10,000 215,286 13% 27,987 865,286 40% 79,487 80,995 80,995 2.28 184,721 10% 18,472 97,959 80,000 97,959 275,915 4,500 4,500 12,551 297,466 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 47,466 55% 26,106 297,466 133,606 55,000 - 59,825 5% 2,991 136,597 $ 136,597 $ 234,556 (299) (87,000) Total Credits Deducted from Rent $ (104,148) $ (87,299) Net Rent Due to (from) the City of Buffalo $ 115,192 $ 147,257 Payments made to City of Buffalo $ 115,192 $ 115,192 Balance Due $ - $ 32,065 Appendix A 2 of 5 Erie Basin Marina Rental Calculation For the 2010 Season Base Sales Ships Store Transient Slip Rental Ice Cream Beverages Food Base Sales Rental Calculation Calculation from O Audit Results 36,406 282,133 Total Gallons Delivered 260,170 Less: 7,713 113,957 (611) Sales to NYS Police 435,578 Sales to Wolasz Family (2,091) Net Sales (Gallons) 846,111 Average Gas Price 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 296,111 10% 29,611 - 13% - 846,111 5% 71,111 Fuel Sales 282,133 Total Gallons Delivered 69,663 Less: 7,713 Sales to City Buffalo (611) Sales to NYS Police (129) Sales to Wolasz Family (2,091) Net Sales (Gallons) 66,832 Average Gas Price Rental Calculation 66,832 $0.10 6,683 Calculated Rent on Base Sales and Fuel Sales 77,794 Minimum Rent on Bases Sales and Fuel Sales 80,000 Rent Due on Base Sales and Fuel Sales $ 80,000 Gross Marina Revenue Fixed Slip Rental 282,133 7,713 Transient Slip Rental 7,713 259,648 Miss Buffalo Dockage 4,500 Moondance Dockage - 350,000 Dry Dock Rental 5,500 100,000 8% Launch Tickets 8,983 9% 9,000 100,000 308,829 10,000 204,755 Gross Marina Rent Calculation 26,618 854,755 5% 78,118 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 58,829 55% 32,356 308,829 139,856 Floating Docks C &D 55,050 - Floating Docks F &G 59,825 5% 2,991 Rent Due on Gross Marina Revenue 142,847 $ 142,847 Total Rent Payable $ 222,847 Credits deducted from Rent Gas Purchased - City of Buffalo City Maintenance Charges Landscaping Credit (2,102) (21,689) (87,000) 40,810 7,713 259,648 546,584 854,755 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 100,000 10% 10,000 204,755 13% 26,618 854,755 5% 78,118 71,371 71,371 2.44 173,930 10% 17,393 95,511 80,000 $ 95,511 282,251 4,500 5,550 13,104 305,405 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 55,405 55% 30,473 305,405 137,973 55,050 5% 2,753 59,825 5% 2,991 143,717 S 143,717 $ 239,228 (2,102) (87,000) Total Credits Deducted from Rent $ (110,791) $ 89( ,102) Net Rent Due to (from) the City of Buffalo $ 112,056 $ 150,126 Payments made to City of Buffalo $ 112,056 $ 112,056 Balance Due $ - $ 38,070 Appendix A 3 of 5 Erie Basin Marina Rental Calculation bD For the 2011 Season Calculation from Operat Audit Resu Base Sales Ships Store Transient Slip Rental Ice Cream Beverages Food Base Sales Rental Calculation 27,034 305,252 150,397 532,664 1,015,347 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 465,347 10% 46,535 - 13% - 1,015,347 Rental Calculation 88,035 Fuel Sales 7% Total Gallons Delivered 73,153 Less: 262,099 Sales to City Buffalo (798) Brand -On Equipment (1,250) Sales to Wolasz Family (2,032) Net Sales (Gallons) 69,073 Average Gas Price 1,024,091 Rental Calculation 69,073 $0.10 6,907 Calculated Rent on Base Sales and Fuel Sales 94,942 Minimum Rent on Bases Sales and Fuel Sales 80,000 Rent Due on Base Sales and Fuel Sales $ 94,942 Gross Marina Revenue 7% 24,500 100,000 Fixed Slip Rental 262,099 100,000 9% Transient Slip Rental 10,783 10% 10,000 Miss Buffalo Dockage 4,500 48,632 1,024,091 Moondance Dockage - 59,500 5% Dry Dock Rental 5,500 143,198 $ 143,198 Launch Tickets 14,057 $ 267,402 296,939 Gross Marina Rent Calculation 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 46 939 55% 25,816 296,939 133,316 Floating Docks C &D 55,050 - Floating Docks F &G 59,825 5% 2,991 Rent Due on Gross Marina Revenue 136,307 $ 136,307 Total Rent Payable $ 231,249 Credits deducted from Rent Gas Purchased - City of Buffalo City Maintenance Charges Landscaping Credit Dock Bumper Turning (4,278) (20,556) (87,000) (2,500) 28,007 10,783 304,549 680,752 1,024,091 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 100,000 10% 10,000 374,091 13% 48,632 1,024,091 5% 100,132 69,455 69,455 3.47 240,718 10% 24,072 124,204 80,000 $ 124,204 279,480 4,500 7,200 13,293 304,473 I50,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 54,473 55% 29,960 304,473 137,460 55,250 5% 2,763 59,500 5% 2,975 143,198 $ 143,198 $ 267,402 (2,688) (87,000) Total Credits Deducted from Rent $ (114,334) $ (89,698) Net Rent Due to (from) the City of Buffalo $ 116,915 $ 177,714 Payments made to City of Buffalo $ 116,915 $ 116,915 Balance Due $ - $ 60,799 Appendix A 4of5 Erie Basin Marina Rental Calculation For the 2012 Season Base Sales Ships Store Transient Slip Rental Ice Cream Beverages Food Base Sales Rental Calculation Calculation from Au dit Result 23,241 319,147 284,450 Total Gallons Delivered I44,875 Less: 22,651 491,491 (700) Brand -On Equipment 978,754 Sales to Wolasz Family (2,359) 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 428,754 10% 42,875 - 13% - 978,754 Gross Marina Rent Calculation 84,375 Fuel Sales 284,450 Total Gallons Delivered 76,903 Less: 22,651 Sales to City Buffalo (700) Brand -On Equipment (936) Sales to Wolasz Family (2,359) Net Sales (Gallons) 72,908 Average Gas Price 350,000 Rental Calculation 72,908 $0.10 7,291 Calculated Rent on Base Sales and Fuel Sales 91,666 Minimum Rent on Bases Sales and Fuel Sales 80,000 Rent Due on Base Sales and Fuel Sales $ Gross Marina Revenue 91,666 Fixed Slip Rental 284,450 22,651 Transient Slip Rental 22,651 318,277 Miss Buffalo Dockage 4,500 Moondance Dockage 1,950 350,000 Dry Dock Rental 8,325 100,000 8% Launch Tickets 14,147 9% 9,000 100,000 336,023 10,000 350,175 Gross Marina Rent Calculation 45,523 1,000,175 97,023 150,000 40% 60,000 59,500 50,000 45% 22,500 50,000 50% 25,000 $ 270,686 86,023 55% 47,313 336,023 154,813 Floating Docks C &D 55,000 - Floating Docks F &G 59,500 5% 2,975 Rent Due on Gross Marina Revenue 157,788 $ 157,788 Total Rent Payable $ 249,454 Credits deducted from Rent Gas Purchased - City of Buffalo City Maintenance Charges Landscaping Credit Dock Bumper Turning (2,946) (28,551) (87,000) (2,500) 23,219 22,651 318,277 636,028 1,000,175 350,000 7% 24,500 100,000 8% 8,000 100,000 9% 9,000 100,000 10% 10,000 350,175 13% 45,523 1,000,175 97,023 78,918 78,918 3.46 273,091 10% 27,309 124,332 80,000 $ 124,332 283,632 4,500 1,950 8,175 11,977 310,234 150,000 40% 60,000 50,000 45% 22,500 50,000 50% 25,000 60,234 55% 33,129 310,234 140,629 55,000 5% 2,750 59,500 5% 2,975 146,354 $ 146,354 $ 270,686 (2,946) (87,000) Total Credits Deducted from Rent $ (120,997) $ _(89,946) Net Rent Due to (from) the City of Buffalo $ 128,457 $ 180,740 Payments made to City of Buffalo $ 128,457 $ 128,457 Balance Due $ - $ 52,283 Appendix A 5 of5 CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS BROON W. BROWN MAYOR September 12, 2013 Hon. Mark J.F. Schroeder Comptroller City of Buffalo 55 Niagara Square, 1225 City Hall Buffalo, NY 14202 Dear Comptroller Schroeder: STEVEN J. STEPNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER The following is the response from the Department of Public Works, Parks and Streets (Public Works) regarding your. department's August 2013 Audit Report of the operations contract for the Erie Basin Marina (Marina) for years 2008 -2012. Public Works will follow a format of responding separately to each of the five audit findings. Prior to addressing each finding separately, it must first be noted that: • Public Works will issue by October 1, 2013 Requests for Proposals for a new vendor for vendors) to manage and operate the Erie Basin Marina in 2014. • The Department of Public Works employee previously assigned has been relieved of his duties at the Erie Basin Marina and reassigned pending a review to determine if further action is necessary. • Public Works management will work with the Department of Audit and Control and Law Department to clarify any conflicting or ambiguous language in the new contract to avoid future discrepancies. Errors in Reporting of Base Sales in Rental "Calculations Public Works agrees with the findings of the Department of Audit & Control (Audit & Control) that base sales due to the City of Buffalo (City) were not calculated correctly by Brand -On Services. Public Works requests the assistance of Audit & Control and the Department of Law to recuperate money owed to the City by the operator, Brand -On Services (Brand -On), and implement a system that can accurately track sales and revenue (e.g. point of sale terminals). Public Works will make such a system mandatory in an upcoming request - for - proposals (RFP) for the operation of the Hatch Restaurant (Hatch) at the Marina. As part of Public Works' plans for implementing solutions, a RFP will be issued for a third -party auditor to validate all future expenses. The plan is described further at the end of this response. Errors in Reporting of Fuel Sales in Rental Calculation Public Works filed its response to Audit & Control's 2007 "Marina Audit" on July 13, 2009. The response (CCP #31, July 21, 2009) states that the then - Public Works Commissioner recommended the change to the contract due to the sharp increase in gasoline prices. The then - commissioner believed the change was necessary so Marina gasoline prices would remain competitive with nearby marinas. These recommendations were filed with the Common Council and formal approval is required. Therefore, Public Works will propose, beginning with the next contract submitted for approval, that the City purchases all gasoline for sale at the Marina. This is to ensure that City will be responsible for the distribution of gasoline and benefit directly from gasoline sales. If this is allowed, Public Works requests the assistance of Audit & Control in the design of a check -and- balance mechanism to ensure that gasoline is distributed properly and corresponding revenue is accurate. Public Works will issue a third RFP for the nautical/recreation operations at the Marina as part of its plan for implementing solutions that are described at the end of this response. This RFP will likely include operation of the Ships Store located in the Marina Lighthouse. The issuance of separate RFPs will change how the City leases the Marina as the Hatch and nautical/recreational operations will not combined in an overall RFP. The rational for separate RFPs is there may be an increase in potential bidders for the respective operations, and that such potential bidders may be expert in respect to that specific operation. Errors in Reportinz of Gross Marina Revenue in Rental Calculation Public Works agrees with the findings of Audit & Control that gross Marina revenue due to the City was not calculated properly by Brand -On, and the overage should be subtracted from the balance owed to the City. Public Works believes this instance will likely be minimized, if not eliminated, in the future through the use of the proposed third -party auditor as explained in the plan for implementing solutions at the end of this response. Unauthorized Deductions from Rent The Commissioner of Public Works is in the process of validating the approval of deductions made by Brand -On. Based on the on -going validation of deductions, $60,818.62 was used to rectify an unsafe condition at Erie Basin Marina Beach. This item was discussed in 2009. Therefore, Public Works believes this amount should be deducted from the amount calculated as unauthorized by Audit & Control. This brings the balance of that proposed amount as unauthorized down to $163,558.38. Public Works requests assistance from Audit & Control to develop a more efficient internal process to formalize any operator requests to the Public Works Commissioner for making improvements /improvements to be deducted from the rent. Public Works will file these Marina - related items with the Common Council on an incremental basis. 4 t� Public Works believes there are discrepancies in the agreement as it relates to the source of authorization and if authorization is required in regards to deductions and mandatory maintenance. • The definition of "City" in the agreement is intended to mean the City of Buffalo Common Council on all matters including, but not limited to, expenditure of City funds, increases or reductions in rental income, abatement of rentals, and construction of addition to the facilities. However, the agreement states the following (paraphrased): • The premises, all fixtures, and appurtenances must be delivered to the operator in good and useable condition upon occupancy. The operator can repair and replace any such item found in non - satisfactory condition within 30 days of occupancy. The operator may repair or replace said items with the consent of the Public Works Commissioner, not to be unreasonably withheld, and charge the cost against rental payments due. • The cost of any major repair (e.g. excavation to uncover utilities) will be negotiated, at time of repair, by the Public Works Commissioner and the operator. • The operator has the right, upon notification to the Public Works Department, to make repairs for any utilities due to ordinary wear and tear as may be necessary to minimiz the disruption of service. The operator is entitled to charge these costs, if the responsibility of the City, against the rental payment due. Public Works believes that Common Council approval is required in the following condition. o "Provisions Relating to the Operation of Restaurant ": In the event the operator invests in the restaurant facilities (equipment, structures, and/or operational changes to streamline and improve the functionality of the facility), the operator will provide the Public Works Commissioner with copies of invoices to verify the cost of the approved improvements. The operator shall not begin any improvements without prior approval from the City. Other Findings Public Works believes there are no conflicts of interest between the current operator and Public Works. The President of Brand -on (operator) is indeed married to a retired Public Works employee. Their son is a Public Works employee in the Water Division, but this division has minimal effect on daily operations at the Marina. The Water Division may be dispatched to the Marina for routine maintenance issues or in the case of a water - related emergency. Public Works believes it does not have jurisdiction or legal precedent to prohibit a City employee or his/her family member(s) from bidding on City contracts. Public Works will forward this information to the Law Department for its opinion on potential conflicts of interest. Courses of Action as Proposed (or Completed) by Public Works Public Works has reassigned the staff member responsible for the Marina pending a review, and will take further action if necessary. The Deputy Commissioner of Public Works for Buildings and Energy Management will oversee Marina operations relating to the Hatch Restaurant and Marina Lighthouse. The Deputy Commissioner of Public Works for Parks and Recreation will oversee Marina operations relating to park space, grounds, and docks. 3 Public Works requests the assistance of Audit & Control for ajoint determination of the actual amount of money due to the City and recuperating said money. Public Works will push to receive funding through the City budget for daily operations and repairs at the Marina. The issuance of three RFPs will divide Marina functions (Hatch Restaurant and nautical/recreational operations) and bring independent auditing expertise to maximize City revenue. Tighter controls are needed as the Marina continues to transform as part of the developing waterfront. The RFPs are also beneficial as they will be designed to minimize, if not eliminate, ambiguous /contradictory language in future contracts. Public Works expects to issue the RFPs no later than December 31, 2013. In 2009, Public Works introduced a committee that focused on Marina operations. Public Works requested representation from Audit & Control, but did not receive such representation. Public Works intends to reconvene this committee to be comprised of, but not limited to, the following: Public Works Commissioner, Deputy Commissioner of Public Works for Buildings and Energy Management, Deputy Commissioner of Public Works for Parks and Recreation, Special Assistant to the Commissioner of Public Works, the operator or operators (dependent on bids awarded), and the third -party auditor (dependent on bid awarded). Public Works requests that Audit & Control be represented at these meetings. Initially, these meetings should be held monthly. It is Public Works' intention to schedule the first meeting shortly after the contract is awarded. In addition to submission to the attention of the Comptroller, this response will be filed with the Common Council. Public Works believes that the combination of the "Audit Report", the action taken by Public Works articulated in its response, and increased collaboration between the various stakeholders (current and future) will allow the Marina to be an even greater regional asset while maximizing revenue for the City. Sincerely, even eteppniak Commissioner Public Works, Parks and Streets 4 0000 Certificate of Necessity Capital Budget Amendment We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -28 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common council prior to January 1, 2013 for the ensuing fiscal year, by adding the following item: Capital Projects - Public Works — Historical Society Electrical Renovations $ 530,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing Capital Budget Amendment is necessary. RECEIVED AND FILED YRON W. BR WN MAYOR MARK J. F. SCHROEDER COMPTROLLER Dated: Buffalo, NY, September 6, 2013 P FROM THE PRESIDENT OF THE COUNCIL September 17, 2013 00 00 9 Greater Buffalo Sports & Entertainment Complex LLC 6690 Old Lake Shore Road, Derby, New York 14047 Nicholas J. Stracick Managing Partner George F. Hasiotis, COO Partner Kristy L. Mazurek, CEO President Patrick H. Freeman, V.P. Community Ambassador Daniel L. Schoenborn, Esq. General Counsel Joseph C. Mineo, CPA Audit & Control Dear Mr. Fontana: Hon. Richard Fontana, President Buffalo Common Council 1315 City Hall Buffalo, New York 14202 '1. : Buffalo Outer Harbor September 11, 2013 As you know, our company, Greater Buffalo Sports & Entertainment Complex LLC ( "GBSEC ") is desirous of developing the outer harbor of Buffalo for multi purposes. We propose to pay to the City of Buffalo 10% of profits of GBSEC for life in exchange for the land once the project has been finally completed. We would appreciate a 9 -12 month option for us to proceed in planning and developing the 200 acres of outer harbor property plus enough acreage to complete the project. Our intention is to build a sports and entertainment domed stadium of 72,000 seats, a convention center of 45,000 seats, one or more hotels, a public park and the infrastructure to support the project. Thank you for your consideration. REFERRED TO THE C®MMMEE ON COMMUNITY DEVELOPMENT. NJS:KLMImkj cc: David A. Franczyk Joseph Golumbek, Jr. Michael J. LoCurto Darius G, Pridgen David A. Rivera Bonnie E. Russell Christopher P. Scanlon Demone A. Smith Very truly yours � TT NICOAS J. STRACICK Managing Partner ST ZUREK, EO President N V/-," FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS September 17, 2013 e 00010 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 11, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: Group #768 [: City -Wide Curb & Sidewalk Replacement [: Contract #93001151 PRIOR COUNCIL REFERENCE: (IF ANY) [: #31 of 4/16113 I hereby submit to your Honorable Body the following quantity additions to the contract for the above named Project. This change order is necessary to continue curb and sidewalk replacement work through the end of the 2013 construction season. Existing Contract Amount Increase in Contract Total Contract to Date $1,380,091.85 138 009.19 $1,518,101.04 Funds for the contract increase are available in Capital Projects Account # 32000006 - 445100 and/or an 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 Campobello Construction Co. PJM:SJS:MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: P irl Change in Contract — Group #768 — City -wide Curb and Sidewalk Replacement (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 September 11, 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 $138,009.19 (Original Contract Amount $1,380,091.85 + Change Order #1 $138,009.19 for a Revised Contract Amount of $1,518,101.04) for City -wide curb and sidewalk replacement work through the end of the 2013 construction season, to Campobello Construction Co., C #93001151. Funds for this work are available in Capital Account #32000006 - 445100 and/or an account to be named at a future date. ' ; 3 = C:IUsers\lrucinskilApp ➢ ata\Locat\ Nicrosoft\Windows \Temporary Internet Files \Content.Outlook\OX32QV W61Change in Contract -curb and sidewalks.doc . x 6 _L FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PR DGEN RTVERA RUSSELL SCANLON SMITH -------- - [MAJ -5] - - - -] _* (�* [213 - b] [314 - 71 0001.E #1 (Rev. f /93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 11, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: Group #765A [: City -Wide Street Resurfacing Phase I [: Contract #93001150 G PRIOR COUNCIL REFERENCE: -(IF ANY) [: #22 of 4/30/13 I hereby submit to your Honorable Body the following quantity additions to the contract for the above named Project. This change order is necessary to continue street resurfacing work through the end of the 2013 construction season. Existing Contract Amount $2,742,379.50 Increase in Contract $274,237.95 Total Contract to Date $3,016,617.45 Funds for the contract increase are available in Capital Projects Account # 32000006- 445100 and/or an 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 Destro Brothers Concrete Co, Inc. PJM: SJS: MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: �: ILI, A Change in Contract — Group #765A --- City -wide Street Resurfacing, Phase I (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 September 11, 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 41 in the amount of $274,237.95 (Original Contract Amount $2,742,379.50 + Change Order #1 $274,237.95 for a Revised Contract Amount of $3,016,617.45) for City -wide street resurfacing work through the end of the 2013 construction season, to Destro Brothers Concrete Co., Inc., C 493001150. Funds for this work are available in Capital Account #32000006 - 445100 and /or an account to be named at a future date. PASSED l� C:1 UscrsVrucinski VApp➢ ata\ L.ocalUicrosoftlWindows\Temporary Intemet FileslContent .Outlook\OX32QVW61Change in Contract- street resurFacing.doc f FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN R VERA RUSSELL SCANLON SNRTH [-------- - - - - -] [ MA.J - S ] [213 - 6] [3/4 - 71 0001 #? (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: Ellicott St. Gateway Project [: BNMC — Phase 2 [: Contract #93001110 [: PIN #5757.59 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: Contract Summary: Contract Amount $2,823,280.10 + Amount of change order( #1) $ 68,505.08 Revised Contract Amount $2.891.785.18 City share of Change Order ( #1) — 5% or $3,425.25 I hereby submit to your Honorable Body the following change for this contract. Concrete Applied Technologies Corp. (CATCO) is the Contractor for the Ellicott St. Gateway - BMNC — Phase 2 Project for the City of Buffalo. 0 \-q This contract provided for the construction of the project. This increase is necessary to allow the City of Buffalo to completely own the LED Street Lighting System being installed along this corridor. This will be the first LED Street Lighting System in the City of Buffalo. An itemized list of items included for this change is attached. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I 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 $68,505.08. Of this amount, 5% or $3,425.25 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #31692206- 445100. PJMIJDBIdab Attachment Cc: Steven J. Stepniak, Commissioner TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo City Engineer •H C Item Number/ Description STREET LIGHT REVISION Revised Quantity Bid Estimated Item Number/ Description UnitQuantity Original Revised Quantity Cost Bid 68 505.08 Estimated UnitQuantity Quantity Change Price 20,400 Cost Changes to Contract Items $ 61,200.00 670.75040011- Ground Wire #4 LF 0 250 + 750 $ 8.15 $ 2,287.50 206.03- Conduit Excav & LF 3100 3550 + 450 $ 16.00 $ 7,200,00 Backfill 670.0104- Foundations for EA 36 38 + 2 $ 745.00 $ 1,490.00 Lights 670.2602- Rigid Conduit LF 3450 6850 + 3400 $ 5.25 $ 17,850.00 670.3001- Pull Boxes EA 19 412 + 22 $ 800.00 $ 17,600.00 670.7040- Single Conductor #4 LF 3500 0 _ 3500 $ 6.25 $ (21,875.00) 670.7501- Ground Wire #6 LF 3500 6800 + 3300 $ 1.75 $ 5,775.00. Item Number/ Description Original Revised Quantity Bid Estimated Old 670.100100BU New 670.1001008U* UnitQuantity Quantity Chan a Price Cost Items Added to Contract 68 505.08 670.7004 - Single Conductor #6 LF 0 20,400 +20,400 $ 3.00 $ 61,200.00 670.75040011- Ground Wire #4 LF 0 250 + 750 $ 8.15 $ 2,287.50 Item Number /Description Original Revised Quantity Bid Unit Quantity Quantity Change. Price Estimated Cost Substitution in Contract Light Standard Substitution in Item 670.100100BU Old 670.100100BU New 670.1001008U* EA 36 0 _ 36 $ 5,600.00 EA 0 38 + 38 $ 4,699.41 $ (201,600.00) $ 178,577.58 (* -New specification reflects substitution of davit poles /LED luminaries onl TOTAL FOR STREET LIGHT REVISION 68 505.08 , Change in Contract — Ellicott Street Gateway Project — BNMC Phase 2 (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 September 9, 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 $68,505.08 (Original Contract Amount $2,823,280.10 + Change Order #1 $68,505.08 for a Revised Contract Amount of $2,891,785.18) for the Ellicott Street Gateway BNMC — Phase 2 Project for the City of Buffalo, to Concrete Applied Technologies Corp., C #93001110. Funds for this work are available in Capital Account #31692206- 445100. PASSED C1Usemgmcinski\AppData\ Local \Microsoft\WindowaNTemporary Internet FdesSContent .Outlook \OX32QVW61Change in Contract- BNMC.doc *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RiVERA RUSSELL SCANLON SMITH �-------- - - - --] [MAJ- 5 1 * D [213 - 5] [314 - 71 000:_3 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 5, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Fire and Police Departments [: Quick Action Plans [: Job #1215 [: Various Districts PRIOR COUNCIL REFERENCE: (IF ANY [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C #93000951. 1. Interface Crisis Management System with the BFD Add $283,488.92 Computer Aided Dispatch System, and Buffalo Board of Education Camera System. Additional high risk facilities to be mapped for the BFD Quick Action Plans (QAPs). The foregoing change results in a net increase in the contract of Two Hundred Eighty - Three Thousand Four Hundred Eighty Eight and 92/100 Dollars ($283,488.92). Summary: Original Contract Amount $545,960.00 Amount of Previous Change Orders $ 85,614.51 Amount of This Change Order ( #2) $283,488.92 Revised Contract Amount $915,063.43 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 & Streets to approve the change order. Funding for this change order is available in 24930006- 445100 Buildings. SJS /PJMIDDC /kg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of arks, Parks & Streets Signature of Department Head: y / Change in Contract — Fire and Police Departments Quick Action Plans (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 September 5, 2013, be received and fled; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of $283,488.92 (Original Contract Amount $545,950.00 + Change Order #1 $85,614.51 + Change Order #2 $283,48892 for a Revised Contract Amount of $915,063.43) for the Fire and Police Departments Quick Action Plans, to Cannon Design, C #93000951. Funds for this work are available in Account #24930006- 445100. PASSED C:%UsersllrucinskilAppData\ Local\Mcrosoft\Windows\Temporary Internet FileslContent ,Outicok\0X32QVW6\Change in Contract -quick action plans.doc *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVIERA RUSSELL SCANLON SMTH 1MA _ 3 -5] [213 - 6] [314 - 71 BYRON W. BROWN MAYOR 0001A CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS An t STEVEN J. STEPNIAK COMMISSIONER September 11, 2013 PETER J. MERZ,o, P.E. To the Common Council CITY ENGINEER ct: 91 Holt Street: encroachment into city right of way Mr. Michael Billoni, Director of Public and Community Relations for the Food Bank of WNY located at 91 Holt Street, has requested permission to encroach City right of way at said address. The Food Bank of WNY is requesting permission to install a large trash compactor within the Lyman Street right of way at said address. This portion of Lyman Street is unimproved, it is not paved, it is grass covered, and not used by the city. The trash compactor will allow the Food Bank of WNY to dispose of damaged or expired products in a sanitary manner and is critical to the operation. The Department of Public Works, Parks, and Streets has reviewed this request in accordance with Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body, the commissioner will issue a "Mere License" for installation provided the following conditions are met: 1. That the application obtain any and all other City of Buffalo permits necessary including a building permit from the Department of Permit and Inspection Services. 2. That the encroachment be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of the trash compactor as long as it remains within City right of way. 4. That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said trash compactor. 5. In the event the Commissioner of Public Works, Parks, and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the city, the Commissioner may order the immediate removal of said encroachment. SJS:PJM:dak DEPARTMENT HEAD NAME; Steven J. Stepniak TITLE: Commissioner of Pu orks, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: 65 NL4GARA SQUARE / JUL CITY HALL /BUFFALO, NY 14202 -3373 / (716) 851 -5636 /FAX: (716) 851 -4201 /Email: sstepniak @city- buffalo.com e Food Bank of WNY r4 - Serving Cattaraugus, Chautauqua, Erie, and Niagara Counties 91 Holt Street, Buffalo, NY 14206 P: 716.852.1305 • F: 716.852.7858 www.foodbankwny.org April 4, 2013 Mr. Steve Stepniak Commissioner of Public Works City of Buffalo 65 Niagara Square Room 502 Buffalo, NY 14202 Dear S��4, As we discussed in our phone conversation, the Food Bank of Western New York, located at 91 Holt Street, Buffalo, NY, 14206, is requesting the City of Buffalo deed us the portion of Lyman` Street designated on the attached map. This land is needed for us to install a trash compactor adjacent to our repack section of the warehouse. Due to the nature of the high level of perishable and salvage /repack that our Food Bank receives, the acquisition of an efficient trash compactor is critical to our operation. With a self - contained compactor installed on the premises, we can quickly dispose of damaged or expired products in a sanitary manner. I can be reached at 935 - 6677, and I look forward to hearing from you. Sincerely, Mike Billoni Director, Public and Community Relations Attachment �, ;p pK NS =p a member of FEED AMER A y �® yorR 4aOW� k I � F 1 IMg9110NhL EXISTING FOOD BANK , , GAROEN AREA 1 eo' tlCd ]' -o R FR .�+ ewr etumw x 5I• W PEMtK,t l I L 0 F w w i — I Flnsmn eumuw caa Q , I I F "Lire snroaecr SITE PLAN N°RTte � SCACE: 5/16 = t - R' 1 FROYAIE Fn1 x REPI.M£ w4F11µT Ph46FNT I I b W MAT P°IRIEIEA w I liEM ECG I ' Y I Y r wlo Fks'NtR I PRE -<11G RlbO O SgNTF9 (1F7R� � ` >: � . ¢Mfcl C15 Roux. sAecNf i.�IV�T h4 I AS a.. °'° — � — J A1ETE Z UJI 1L I s— shs — —cu = as— ais — _ •— as ~ NSW RR TWO w � °u I p Q c� W Lil ' rRm caansslur wens - ami'Na c�s 4 Ry EC V7 o l M N . Z W :« C3 ~ I ` 'wx'{`T..s.ms .� E Wo � _ a 5 FYR�R N'8E 8 DOWL�tllf3 k FRW NEW TAP H EE1Y NHN hT NIX.T A. a TE. PLAN S RlA IFIdJMAIEFlR. IP)�!R (N1LW ]' � I & DETAILS - 1 U� �p NAMK r+5 S']iNEE BY um EXCEPTION '^ -- -- -- -- -- --- - L� U� L� U� Encroachments in City Right -of -Way — 91 Holt Street (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 September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a "Mere License" to Mr. Michael Billoni, Director of Public and Community Relations for the Food Bank of WNY to install a large trash compactor within the Lyman Street right of way at said address provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary, including a building permit from the Department of Permits and Inspection Services; 2. That the encroachment be installed exactly as shown on plants submitted to and approved by the Department of Permits and Inspection Services; 3. That the applicant be responsible for maintenance of the trash compactor as long as it remains within the City right -of -way; 4. That the applicant supply the City of Buffalo with a certificate of insurance which Will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said trash compactor; and 5. In the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner may order the 'immediate removal of said encroachment. PASSED I 3 C:\Usersli ucinski%AppDatuTocal\ Microsoftl WindowslTe mporary InternetFiles \Content.Outlook1OX \Encroachment in City ROW 91 Holt.docx *AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [MAJ- 51 [213 - 6] [3/4 - 7] 000"P� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 11, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering. SUBJECT: [Permission to Enter Into [Supplemental Agreement No. 3 wINYSDOT for [Bailey Avenue Bridges — PIN 5756.34 [Over Cazenovia Creek & Buffalo River [Lovejoy, South District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.PJ 6 Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Preliminary Engineering (Scoping & Design I -VI) and Right -of -Way (Incidental & Acquisition) phases of the project related to Replacement of the Bailey Avenue Bridges Over Cazenovia Creek & Buffalo River. In addition, permission is requested for Commissioner of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. City share of total project costs is anticipated to be 5 %. Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. PJM: sag DEPARTMENT HEAD NAME: TITLE: Peter J. Merlo, P.E., City Engineer SIGNATURE OF DEPARTMENT HEAD: ,I t Permission to Enter Into Supplemental Agreement No. 3 with the New York State Department of Transportation for Bailey Avenue Bridges (Lov, South)(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 September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into all necessary agreements with the New York State Department of Transportation.(NYSDOT) for the Preliminary Engineering (Scoping & Design I -IV) and Right -of -Way (Incidental & Acquisition) phases of the project related to the replacement of the Bailey Avenue bridges over Cazenovia Creek and the Buffalo River; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. Funds for this project are available in Capital Project Account for the Local Match of the Federal Aid Projects. PASSED Id C .IUsersllrucinski\AppData\Loca[ MicrosoftlWindows \Temporary Internet File3lContent .Outlook1OX32QVW6Termission IoEnter Into Supp agree- Bailey Ave bridges.docz I *AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVER.A. RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ _ 5 ] [213 - 6] [314 - 7] 0001.0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: Public Works, Parks and Streets Engineering DATE: September 11, 2013 SUBJECT: [Permission to Increase the contract [Man O'Trees Inc. — Contract ## 93000785 [Dr. Martin Luther King Jr. Park [Humboldt Basin Improvements Project [Masten 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. Man O'Trees Inc. is the contractor for MLK Park, Humboldt Bain Improvements project. This increase is necessary for the following additional works by contractor: Provide and install electric Requirements in the Pump Vaults. Revision in Casino Electrical Room, Code Required. Provide and Install Sump Pump Level alarm in the three Equipment Vault Sump. Provide and install 3- Trane unite Heaters & VFD panel heaters. Provide and Install Lane ladder up -posts in three equipment Vaults. Previously approved Contract Amount: $ 3,178,375.45 This Cost increase: $ 67,980.98 Total: $ 3,246,356.43 � 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 $ 67,980.98 Funds for this project will be available in capital project Account # 32400406 - 445100 and in an account (s) to be named at a later date. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. MerIo, P.E., City Engineer � Permission to Increase Contract — MLK Park Humboldt Basin Improvement Project (Masten) (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 September 11, 2013, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to increase the contract with Man O'Trees Inc. for the MLK Park, Humboldt Basin Improvement project, in the amount of $67,980.98 (Previously Approved Contract Amount $3,178,375.45 + Cost Increase $67,980.98 for a Total Contract Amount of $3,246,356.43) for installation of electric requirements in the pump vaults; revisions of the casino electrical room, code required; installation of sump pump, level alarm in the three equipment vault sump; installation of 3 -Trane unit heaters and VFD panel heaters; and installation of lane ladder up- posts in three equipment vaults. Funds for the project will be available in Capital Project Account #32400406 - 445100 and an account(s) to be named at a later date. PASSED l� C 1 mWvcinstd5AppDattnUA Ha11M{ ctosoft% Windons iTemporary Inletnet Fil-% Can tent.0udook1OX32QVW65Permission to to —se Contract Humboldt basin.dax *AYE* NO FONTANA FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ MAT - 51 * �( 213 -6 * �* [3/4 - 71 0001 ##1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: Public Works, Parks and Streets Engineering DATE: September 11, 2013 SUBJECT: [Permission to make Payment [Atlantic Polymers Group, Inc. [Dr. Martin Luther King Jr. Park [Humboldt Basin Improvements Project [Masten District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.P.) The newly finished surface of the concrete basin at MLK Park per contract required additional treatment above the contract specification to optimize safety. We evaluate several methods to rectify the situation. Shot blast or power wash were two effective available methods. b In order to move this project forward and finishing the project on time for the opening of the basin for the start of summer season, this Dept. requested and received the following emergency cost proposal for the Shot Blasting or power wash the concrete basin for removing the sheen and creating a rough profile for the concrete surface from the following contractor: Atlantic Polymers Group, Inc. CDH Seamless Floors, Inc. Atlas Paiting and Sheeting Corp. Shot Blasting - Unit Cost $ 0.22 per square foot $ 0.82 per square foot Power Wash — Unit Cost $ 0.25 per square foot Based on their qualification, expertise and understanding of scope of the work, we awarded the work to Atlantic Polymers Group, Inc. I certify that the Unit Cost is fair and equitable for the work involved and respectfully request that your Honorable Body for permission to make payment to the Atlantic Polymers Group for amount of $ 44,000.00 Funds for this project will be available in an account (s) to be named at a later date. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E., City Engineer � Permission to Make Payment — Humboldt Basin Improvements Project (Masten)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to make payment to the Atlantic Polymers Group for the amount of $44,000.00 for power washing the concrete basin for removing the sheen and creating a rough profile for the concrete surface at MLK Park. Funds for this project will be available in an account(s) to be named at a later date. PASSED I� C: SUsers\ lTucinskMppDatENLocatWicrosoft\Windows\Tempor yInternet Files \Content.Outlook1OX32QVW6TP issiun to Make Payment- Rumbolt Basin_doez b *AYE* NO FONTANA FRANCZYK GOLOM13EK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [MAJ 5] * q O 2I3 - 6 [ l [314 - 71 0001.x► COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SYCT: DATE: September 4, 2013 Public Works Permission to Scrap Vehicles The Dept. of Public Works is requesting permission to dispose of the following listed vehicles by means of salvage: 1) CD -- 31 1992 Dodge pick -up; L- 52741; 1B7KE26ZONS606034 2) S -22 -CD 1993 Ford flatbed; C- 18605; 2FDLF47M3PCB47391 3) CDT — 20 1996 Cross Country Trailer; L- 52733; 1C9FS1620T1432907 4) E -622 1999 Chevy Astro Van; 1GCDL19W5XB169192 The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. Department Head Name: Title: Signature of Department Hea Steven Stepniak u N 1 1� Permission to Scrap Vehicles (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 September 4, 2013, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to dispose of the following listed vehicles by means of salvage as they are damaged, obsolete and irreparable, and have been determined to be unsafe and not road worthy: • CD -31 - 1992 Dodge pickup, L -52741 • S -22 -CD - 1993 Ford flatbed, C -18605 • CDT -20 - 1996 Cross Country Trailer, L -52733 • E -622 - 1999 Chevy Astro Van PASSED TAwp60U"NCOUNCJL\9 -17 -13 meeiingTermission to scrap vehides.docx 0 0 FONTANA FRANCZYK * * GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SMITH * [ MAT - 51 * [2/3 - b] [3/4 - 7] 000.Tq COMMUNICATION TO THE COMMON COUNCIL TO; THE COMMON COUNCIL DATE: September4, 2013 FROM: DEPARTMENT: Public Works DIVISION: SUBJECT: Permission to Trade -in Vehicles The Dept. of Public Works is requesting permission to dispose of the following listed vehicles by means of trade -in on the purchase of a new piece of equipment (bobcat): ET # ASSET NAME 1. CD -34 Ford 2120 Tractor /Loader, UV248241G16B20790 2. CD -911 1977 Case 380 Tractor /Loader, 11010623 3. CD -12 1985 Case 580 Loader /Backhoe, 17026583 4. CD -17 1995 Bobcat 773 /bkt, 509636883 5. N/A Bobcat 66" Industrial Fork Grapple 6. N/A Bobcat Tilt Tach 7. N/A Bobcat Sweeper (Non - operational) -. The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. The assets listed without numbers provide no benefit to operations as they are designed for farm use. However, we have accessed that all assets listed above still present trade -in value towards the purchase of a new piece of equipment (bobcat). Department Head Name: Steven Stepniak Title: Commissioner I' s Signature of Department Head: Permission to Trade -in Vehicles {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 September 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to disposed of the following vehicles by means of trade -in on the purchase of a new piece of equipment: • CD -34 — Ford 2120 Tractor/Loader, UV248241 G16B20790 CD -911 — 1977 Case 380 Tractor/Loader, 11010623 • CD -12 —1985 Case 580 LoaderlBackhoe, 17026583 • CD -17 —1995 Bobcat 7731bkt, 509636883 • Bobcat 66" Industrial Fork Grapple Bobcat Tilt Tach • Bobcat Sweeper (non - operational) The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. PASSED C:( Users' imcinski\ AppData\ Local\MicrosoflSWindows\Temporary Intemet Files\Content.Oat1ookkOX32QV W61Permission to Tradein whicles.docx *AYES` NO * FONTANA FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH ----- ---- - - --] [MAJ- 5 ] [213 - 5] [ 314 - 71 00020 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Building SUBJECT: [: Report of Bids [: City Hall [: Cafeteria Food Service /Operation PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I asked for on August 7, 2013, and received the following formal bids for City Hall Cafeteria Food Service /Operation, which were publicly opened and read on August 30, 2013. Annual Bid Sue's NY Deli $25,800.00 130 South Elmwood, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Sue's NY Deli, with an Annual Bid of $25,800.00, is the lowest responsible bidder in accordance with the bid specifications. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into an initial three (3) year contract (with an option to renew for an additional three (3) but separate one (1) year contract) with Sue's NY Deli. SJS /PJM /PS /dIg cc: Comptroller's Office Contract Compliance Buildings Department Head Name: Peter J. MerIo, P.E. Title: City Engineer Signature of Department Head: r 0� Report of Bids -- City Hall Cafeteria Food Service /Operation (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 September 9, 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 initial three (3) year contract (with an option to renew for an additional three (3) but separate one (1) year contract) for City Hall Cafeteria Food Service /Operation with Sue's NY Deli with an annual bid of $25,800.00. PASSED C:\ User5UmcinskilAppDatal Local\Microsoft\WindowslTemporary IMemet Files \Content.OutlockNOX32QV W 61Report of Bids- cafeteria food seMce.docx *AYE* NO FONTANA * FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -� [MAJ- 5] * *� [2/3 - b [314 - 71 �1 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 5, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Police Headquarters [: Floor Tile Removal [: Asbestos Monitoring [: Job #1303A PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP } TEXT: requested on July 8, 2013 and received the following bids for Police Headquarters, Floor Tile Removal, Asbestos Monitoring, on July 16, 2013. Wafts Engineering $1,515.00 95 Perry, Buffalo, NY Fibertech Environmental No Bid 940 North, Buffalo, NY Nature's Way No Bid 3553 Crittenden, Alden, NY SJB Services No Bid 5167 South Park, Hamburg, NY 1 1� I hereby certify that the foregoing is a true and correct statement of all bids received and that Watts Engineering, with a bid of One Thousand Five Hundred Fifteen and 001100 Dollars ($1,515.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323506 445100 - Buildings. SJSIPJMIPSIkg cc: J. Jacobs, Buildings Comptroller Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Report of Bids — Police Headquarters Floor Tile Removal, Asbestos Monitoring (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 September 5, 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, Asbestos Monitoring, with Watts Engineering, in the amount of $1,515.00. Funding for this project is available in Account #35323506 445100 — Buildings. PASSED �— C. kUsersl lrocinskiVAppDatal LocallMicresoft\Windows\Temporary Internet FileslContent.Rutlook1OX32QV W65Report of Bids- Police HQ floor tile.dacz /�T *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH * [-------- - - - - -] [MA7- 5] [213 - 6] [314 - 7] Q00 `2 24 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 9/4/2013 FROM: DEPARTMENT: Public Works/ Streets SUBJECT: [: Request to Purchase Equipment PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Purchase (1) Elgin 3wheeled mechanical street sweeper to replace damaged 1999 unit S 808 wlauto lube "new bid" Joe Johnson Equip 62 LaGrange Ave Rochester NY 14813 Funding from: 15050007 - 474100 SIGNATURE DEPARTMENT HEAD TITLE: v l X Ste pniak COMMISSIONER OF PUBLIC WORKS SJSIPJMICMB $ 180,000.00 Request to Purchase Equipment (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 September 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Elgin 3- wheeled mechanical street sweeper to replace the damaged 1999 Unit S 808 with auto lube in the total amount of $180,000.00 from Joe Johnson Equipment. Funds are available in Account #15050007- 474100. PASSED C:\ Users\ Imcinski \AppDatalLocallMicrosoft\Windows \Temporary Internet Files\ Content .0utlook\OX32QVW6\Request to Purchase Equipment.docx FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - [MA]- - - - -] 5] * �* [213 - 5] [3/4 - 71 BYRON W. BROWN MAYOR DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS STEVEN J. STEPNIAK COMMISSIONER PETER J. MERLO, P.E. CI'T'Y ENGINEER September 12, 2013 Hon. Mark J.F. Schroeder Comptroller City of Buffalo 65 Niagara Square, 1225 City Hall Buffalo, NY 14202 Dear Comptroller Schroeder: The following is the response from the Department of Public Works, Parks and Streets (Public Works) regarding your department's August 2013 Audit Report of the operations contract for the Erie Basin Marina (Marina) for years 2008 -2012. Public Works will follow a format of responding separately to each of the five audit findings. Prior to addressing each finding separately, it must first be noted that: Public Works will issue by October 1, 2013 Requests for Proposals for a new vendor (or vendors) to manage and operate the Erie Basin Marina in 2014. The Department of Public Works employee previously assigned has been relieved of his duties at the Erie Basin Marina and reassigned pending a review to determine if further action is necessary. Public Works management will work with the Department of Audit and Control and Law Department to clarify any conflicting or ambiguous language in the new contract to avoid future discrepancies. Errors_ in Reporting of Base Sales in Rental Calculations Public Works agrees with the findings of the Department of Audit & Control (Audit & Control) that base_ sales due to the City of Buffalo (City) were not calculated correctly by Brand -On Services. Public Works requests the assistance of Audit & Control and the Department of Law to recuperate money owed to the City by the operator, Brand -On Services (Brand -On), and implement a system that can accurately track sales and revenue (e.g. point of sale terminals). Public Works will make such a system mandatory in an upcoming request- for - proposals (RFP) for the operation of the Hatch Restaurant (Hatch) at the Marina. q)-" FM � As part of Public Works' plans for implementing solutions, a RFP will be issued for a third -party auditor to validate all future expenses. The plan is described further at the end of this response. Errors in Reporting of Fuel Sales in Rental Calculation Public Works filed its response to Audit & Control's 2007 "Marina Audit" on July 13, 2009. The response (CCP #31, July 21, 2009) states that the then - Public Works Commissioner recommended the change to the contract due to the sharp increase in gasoline prices. The then - commissioner believed the change was necessary so Marina gasoline prices would remain competitive with nearby marinas. These recommendations were filed with the Common Council and formal approval is required. Therefore, Public Works will propose, beginning with the next contract submitted for approval, that the City purchases all gasoline for sale at the Marina. This is to ensure that City will be responsible for the distribution of gasoline and benefit directly from gasoline sales. If this is allowed, Public Works requests the assistance of Audit & Control in the design of a check -and- balance mechanism to ensure that gasoline is distributed properly and corresponding revenue is accurate. Public Works will issue a third RFP for the nautical /recreation operations at the Marina as part of its plan for implementing-solutions that are described at the end of.this response. This RFP will likely include operation of the Ships Store located in the Marina Lighthouse. The issuance of separate RFPs will change how the City leases the Marina as the Hatch and nautical /recreational operations will not combined in an overall RFP. The rational for separate RFPs is there may be an increase in potential bidders for the respective operations, and that such potential bidders may be expert in respect to that specific operation. Errors in Reporting of Gross Marina Revenue in Rental Calculation Public Works agrees with the findings of Audit & Control that gross Marina revenue due to the City was not calculated properly by Brand -On, and the overage should be subtracted from the balance owed to the City. Public Works believes this instance will likely be minimized, if not eliminated, in the future through the use of the proposed third -party auditor as explained in the plan for implementing solutions at the end of this response. Unauthorized Deductions from Rent The Commissioner of Public Works is in the process of validating the approval of deductions made by Brand -On. Based on the on -going validation of deductions, $60,818.62 was used to rectify an unsafe condition at Erie Basin Marina Beach. This item was discussed in 2009. Therefore, Public Works believes this amount should be deducted from the amount calculated as unauthorized by Audit & Control. This brings the balance of that proposed amount as unauthorized down to $163,558.38. Public Works requests assistance from Audit & Control to develop a more efficient internal process to formalize any operator requests to the Public Works Commissioner for making improvements /improvements to be deducted from the rent. Public Works will file these Marina - related items with the Common Council on an incremental basis. 2 I Public Works believes there are discrepancies in the agreement as it relates to the source of authorization and if authorization is required in regards to deductions and mandatory maintenance. • The definition of "City" in the agreement is intended to mean the City of Buffalo Common Council on all matters including, but riot limited to, expenditure of City funds, increases or reductions in rental income, abatement of rentals, and construction of addition to the facilities. However, the agreement states the following (paraphrased): o The premises, all fixtures, and appurtenances must be delivered to the operator in good and useable condition upon occupancy. The operator can repair and replace any such item found in non - satisfactory condition within 30 days of occupancy. The operator may repair or replace said items with the consent of the Public Works Commissioner, not to be unreasonably withheld, and charge the cost against rental payments due. o The cost of any major repair (e, g. excavation to uncover utilities) will be negotiated, at time of repair, by the Public Works Commissioner and the operator. o The operator has the right, upon notification to the Public Works Department, to make repairs for any utilities due to ordinary wear and tear as may be necessary to minimize the disruption of service. The operator is entitled to charge these costs, if the responsibility of the City, against the rental payment due. Public Works believes that Common Council approval is required in the following condition. o "Provisions Relating to the Operation of Restaurant ": In the event the operator invests in the restaurant facilities (equipment, structures, and/or operational changes to streamline and improve the functionality of the facility), the operator will provide the Public Works Commissioner with copies of invoices to verify the cost of the approved improvements. The operator shall not begin any improvements without prior approval from the City. Other Findings Public Works believes there are no conflicts of interest between the current operator and Public Works. The President of Brand -on (operator) is indeed married to a retired Public Works employee. Their son is a Public Works employee in the Water Division, but this division has minimal effect on daily operations at the Marina. The Water Division may be dispatched to the Marina for routine maintenance issues or in the case of a water - related emergency. Public Works believes it does not have jurisdiction or legal precedent to prohibit a City employee or his/her family member(s) from bidding on City contracts. Public Works will forward this information to the Law Department for its opinion on potential conflicts of interest. Courses of Action as_Pronosed lor Completed) by Public Works Public Works has reassigned the staff member responsible for the Marina pending a review, and will take further action if necessary. The Deputy Commissioner of Public Works for Buildings and Energy Management will oversee Marina operations relating to the Hatch Restaurant and Marina Lighthouse. The Deputy Commissioner of Public Works for Parks and Recreation will oversee Marina operations relating to park space, grounds, and docks. Public Works requests the assistance of Audit & Control for a joint determination of the actual amount of money due to the City and recuperating said money. Public Works will push to receive funding through the City budget for daily operations and repairs at the Marina. The issuance of three RFPs will divide Marina functions (Hatch. Restaurant and nautical /recreational operations) and bring independent auditing expertise to maximize City revenue. Tighter controls are needed as the Marina continues to transform as part of the developing waterfront. The RFPs are also beneficial as they will be designed to minimize, if not eliminate, ambiguous /contradictory language in future contracts. Public Works expects to issue the RFPs no later than December 31, 2013. In 2009, Public Works introduced a committee that focused on Marina operations. Public Works requested representation from Audit & Control, but did not receive such representation. Public Works intends to reconvene this committee to be comprised of, but not limited to, the following: Public Works Commissioner, Deputy Commissioner of Public Works for Buildings and Energy Management, Deputy Commissioner of Public Works for Parks and Recreation, Special Assistant to the Commissioner of Public Works, the operator or operators (dependent on bids awarded), and the third -party auditor (dependent on bid awarded). Public Works requests that Audit & Control be represented at these meetings. Initially, these meetings should be held monthly. It is Public Works' intention to schedule the first meeting shortly after the contract is awarded. In addition to submission to the attention of the Comptroller, this response will be filed with the Common Council. Public Works believes that the combination of the "Audit Report ", the action taken by Public Works articulated in its response, and increased collaboration between the various stakeholders (current and future) will allow the Marina to be an even greater regional asset while maximizing revenue for the C"t k FE FERRED TO THE O O MM I T TEE Sincerely, tCS even J�/�Mnfiak Commissioner Public Works, Parks and Streets ON FINANCE. 4 f I FROM THE COMMISSIONER OF FIRE September 17, 2013 #4 (Rev 7 -07) 1 o k'� 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 9/T/0 FIRE FIRE BATTALION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 83 ,913.00 _ LAST JOB TITLE FIRE CAPTAIN NAME DANIEL BOSSI LAST DEPARTMENT FIRE DATE ADDRESS 5721 COLE ROAD LAST SALARY CITY & ZIP ORCHARD PARK, NY 14127 LAST 4 DIGITS OF SSN. XXX -XX -4900 LAST JOB TITLE FIRE CAPTAIN NAME PAUL GRAHAM LAST DEPARTMENT FIRE DATE ADDRESS 277 MAIN ST. APT #10 LAST SALARY CITY & ZIP EAST AURORA, NY 14052 LAST 4 DIGITS OF SSN. XXX -XX -0243 LAST JOB TITLE NAME THOMAS MELDRUM LAST DEPARTMENT DATE ADDRESS 253 RANSOM OAKS DR LAST SALARY CITY & ZIP AMHERST, NY 14051 LAST 4 DIGITS OF SSN. XXX - XX - 2798 LAST JOB TITLE NAME DANIEL FLAHERTY LAST DEPARTMENT DATE ADDRESS 15 CENTER RIDGE LAST SALARY CITY & ZIP EAST AURORA, NY 14052 LAST 4 DIGITS OF SSN. XXX -XX -6013 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2470 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 4113 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET .04' #6- DEPARTMENT #7- DIVISION #8- ,EMPLOYEES) #4 (Rev 7 -07) /v Certificate of Appointment In compliance with provisions of Section 24 -2 of Lite Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: * ! in the Department of Division of to the Position of FIRE FIRE BATTALION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 83,913.00 LAST JOB TITLE FIRE CAPTAIN NAME JOHN MURPHY LAST DEPARTMENT FIRE DATE ADDRESS 52 LINCOLN BLVD LAST SALARY CITY & ZIP KENMORE, NY 14217 LAST 4 DIGITS OF SSN. XXX -XX -1495 LAST JOB TITLE FIRE CAPTAIN NAME TIMOTHY REID LAST DEPARTMENT FIRE DATE ADDRESS 805 MCKINLEY PKY LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -6382 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2470 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. FIRE COMMISSIONER #4 (Rev 7 -07) 000 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: V/ 'P in the Department of FIRE Division of FIRE to the Position of CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 77,382.00 LAST JOB TITLE LIEUTENANT LAST DEPARTMENT FIRE LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -6672 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME WENDY MAJTYKA- HARTMAN DATE ADDRESS 2781 CHRISTOPHER BLVD CITY & ZIP HAMBURG, NY 14075 LAST 4 DIGITS OF SSN, XXX -XX -9714 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: i. _ " I n 0 a SIGNATURE OF APPOINTING AUTHORITY: _ V n DATE NAME THOMAS BRESKI ADDRESS 652 HARRIS HILL ROAD CITY & ZIP LANCASTER, NY 14086 NAME MARK MENDOLA ADDRESS 288 SENECA PLACE CITY & ZIP LANCASTER, NY 14086 LAST 4 DIGITS OF SSN. XXX -XX -7464 NAME LAWRENCE ROBERTSON DATE ADDRESS 62 POTTER AVENUE CITY & ZIP ORCHARD PARK, NY 14127 LAST 4 DIGITS OF SSN. XXX -XX -1297 ORIGINAL + 2 CUPIE5 10: UI I Y ULEKK (UN /btct - UKt APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(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: 5 _ 3 in the Department of FIRE Division of FIRE to the Position of CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) ,MINIMUM Enter Starting Sal : Starting Sala of $ 77 382.00 LAST JOB TITLE LIEUTENANT NAME VINCENT MUSCARELLA LAST DEPARTMENT FIRE DATE ADDRESS 38 CASCADE DRIVE LAST SALARY CITY & ZIP AMHERST, NY 14228 LAST 4 DIGITS OF SSN. XXX -XX -9125 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -1069 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -0419 NAME GREGORY DONOVAN ADDRESS 421 POUND ROAD CITY & ZIP ELMA, NY 14058 NAME MATTHEW HOARE ADDRESS 37 WINDCROFT LANE CITY & ZIP LANCASTER, NY 14086 LAST JOB TITLE NAME DAVID MANN LAST DEPARTMENT DATE ADDRESS 56 LYRAE DRIVE LAST SALARY CITY & ZIP GETZVILLE, NY 14086 LAST 4 DIGITS OF SSN. XXX -XX -3225 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: SIGNATURE OF APPOINTING AUTHORITY; s OTHER COPIES TO. #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) QO1I - () 30 #4 (Rev 7 -07) Certificate of Appointment ski 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: V5/13 in the Department of FIRE Division of to the Position of FIRE CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) , Starting Salary of $ 77,382.00 LAST JOB TITLE LIEUTENANT LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN, XXX -XX -3225 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- NAME DENNIS GOOCH ADDRESS 18 STONY BROOK CITY & ZIP LANCASTER, NY 14086 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO , SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. FIRE COMMISSIONER 0016 - r}- %0 #4 (Rev 7 -07) 0 0r a 'go — Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: VT11 3 in the Department of FIRE Division of to the Position of FIRE DIVISION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 91,823.00 LAST JOB TITLE BATTALION CHIEF NAME MICHAEL BIASILLO LAST DEPARTMENT FIRE DATE ADDRESS 7117 OLEAN ROAD LAST SALARY CITY & ZIP SOUTH WALES, NY 14139 LAST 4 DIGITS OF SSN. XXX -XX -3767 LAST JOB TITLE NAME JAMES LAMACCHIA LAST DEPARTMENT DATE ADDRESS 125 CLARK STREET LAST SALARY CITY & ZIP ORCHARD PARK, NY LAST 4 DIGITS OF SSN. XXX -XX -6078 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2480 BUDGET ACCT. 0BJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHIITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 9VA113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET 96- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 000 -2: #4 (Rev 7 -07) D� 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: AA /13 in the Department of FIRE Division of FIRE to the Position of LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum,. Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 69,201.00 LAST JOB TITLE FIREFIGHTER NAME MICHAEL CONNELLY LAST DEPARTMENT FIRE DATE ADDRESS 31 TREEHAVEN ROAD LAST SALARY CITY & ZIP WEST SENECA, NY 14224 LAST 4 DIGITS OF SSN. XXX -XX -0452 LAST JOB TITLE FIREFIGHTER NAME MICHAEL FARRELL LAST DEPARTMENT FIRE DATE ADDRESS 1032 SWEET ROAD LAST SALARY CITY & ZIP EAST AURORA, NY 14052 LAST 4 DIGITS OF SSN. XXX -XX -2616 LAST JOB TITLE FIREFIGHTER NAME JOHNATHAN EATON LAST DEPARTMENT FIRE DATE' ADDRESS 7026 ROCK DOVE LANE LAST SALARY CITY & ZIP WHEATFIELD, NY 14304 LAST 4 DIGITS OF SSN, XXX -XX -4143 LAST JOB TITLE FIREFIGHTER NAME DOUGLAS O'SHEI LAST DEPARTMENT FIRE DATE ADDRESS 6161 SCHERFF ROAD LAST SALARY CITY & ZIP ORCHARD PARK, NY 14127 LAST 4 DIGITS OF SSN. XXX -XX -7703 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -033 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: COMMISSIONER DATE: 91,103 � , \ \ SIGNATURE OF APPOINTING AUTHORITY: _ (,, '� OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(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 far the Appointment Effective: in the Department of Division of to the Position of VVI __6 FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 69,201.00 _ LAST JOB TITLE FIREFIGHTER NAME JAMES KELLEY LAST DEPARTMENT FIRE DATE ADDRESS 3458 CREEKVIEW DR LAST SALARY CITY & ZIP HAMBURG, NY 14075 LAST 4 DIGITS OF SSN. XXX -XX -5321 LAST JOB TITLE FIREFIGHTER NAME ROBERT CHARVAT LAST DEPARTMENT FIRE DATE ADDRESS 28 ASHWOOD CT LAST SALARY CITY & ZIP LANCASTER, NY 14086 LAST 4 DIGITS OF SSN. XXX -XX -9602 LAST JOB TITLE FIREFIGHTER NAME KENNETH SIKORA LAST DEPARTMENT FIRE DATE ADDRESS 12049 RAPIDS ROAD LAST SALARY CITY & ZIP AKRON, NY 14001 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX 4467 FIREFIGHTER NAME FIRE DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -8561 DANIEL VIVIAN 80 ASHLEY DRIVE WEST SENECA, NY 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -033 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. COMMISSIONER 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 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: (�,� �1`6 in the Department of FIRE Division of to the Position of FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $ 69,201.00 LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -2601 LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -6854 LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY BUFFALO, NY 14216 NAME LAST 4 DIGITS OF SSN. XXX -XX -8959 LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -3922 NAME JUAN NIEVES ADDRESS 746 PARKSIDE AVE CITY & ZIP BUFFALO, NY 14216 NAME TIMOTHY SMITH ADDRESS 120 COOLIDGE ROAD CITY & ZIP BUFFALO, NY 14220 NAME PATRICK MULDERIG ADDRESS 3340 BROOKFIELD LANE CITY & ZIP HAMBURG, NY 14075 NAME THOMAS O'DONNELL ADDRESS 19 SQUIRREL RUN CITY & ZIP LANCASTER, NY 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. 1D PERSONNEL REQ. NO 2013 -033 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. COMMISSIONER #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: V-37/1 ­5 in the Department of Division of to the Position of FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 69,201.00 LAST JOB TITLE FIREFIGHTER NAME STEVEN MURZYNOWSKI LAST DEPARTMENT FIRE DATE ADDRESS 7393 DOWNEY ROAD LAST SALARY CITY & ZIP AKRON, NY 14001 LAST 4 DIGITS OF SSN. XXX -XX -6570 LAST JOB TITLE FIREFIGHTER NAME MARK FLANAGAN LAST DEPARTMENT FIRE DATE ADDRESS 119 PATRICIA DRIVE LAST SALARY CITY & ZIP WEST SENECA, NY 14224 LAST 4 DIGITS OF SSN. XXX -XX -7582 LAST JOB TITLE FIREFIGHTER NAME RODNEY WILKINSON LAST DEPARTMENT FIRE DATE ADDRESS 259 SANDERS ROAD LAST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -0329 LAST JOB TITLE FIREFIGHTER NAME JONATHAN COHILL LAST DEPARTMENT FIRE DATE ADDRESS 30 WICKHAM AVE LAST SALARY CITY & ZIP WILLIAMSVILLE, NY 14221 LAST 4 DIGITS OF SSN, XXX -XX -2674 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2013 -033 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: COMMISSIONER DATE: 916113 i SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (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: IVEY1 in the Department of FIRE Division of to the Position of FIRE LIEUTENANT Permanent, Provisional Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 69,201.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY FIREFIGHTER FIRE DATE LAST 4 DIGITS OF SSN. XXX -XX -6703 FIREFIGHTER FIRE DATE NAME JOSEPH FLETT ADDRESS 821 NO DAVIS ROAD CITY & ZIP ELMA, NY 14059 NAME TIMOTHY CASSEL ADDRESS 18 WILKSHIRE PL CITY & ZIP LANCASTER, NY 14086 LAST 4 DIGITS OF SSN. XXX -XX -2934 FIREFIGHTER NAME FIRE DATE ADDRESS CITY & ZIP DENNIS BANNISTER 66 PIERCE ST BUFFALO, NY 14206 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #6- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. COMMISSIONER LAST 4 DIGITS OF SSN. XXX -XX -3197 LAST JOB TITLE FIREFIGHTER NAME JAMIE LUTHRINGER LAST DEPARTMENT FIRE DATE ADDRESS 4264 ECKHARDT ROAD LAST SALARY CITY & ZIP EDEN, NY 14057 LAST 4 DIGITS OF SSN. XXX -XX -1142 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2013 -033 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #6- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. COMMISSIONER 44 (Rev 7 -07) Certificate of Appointment I In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of FIRE Division of to the Position of FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) Starting Salary of $ 69,201.00 LAST JOB TITLE FIREFIGHTER NAME BRIAN SCANLON LAST DEPARTMENT FIRE DATE ADDRESS 5482 WYNDFIELD CT LAST SALARY CITY & ZIP HAMBURG, NY 14075 LAST 4 DIGITS OF SSN. XXX -XX -8819 LAST JOB TITLE FIREFIGHTER NAME STEVEN PANARO LAST DEPARTMENT FIRE DATE ADDRESS 4950 THOMPSON ROAD LAST SALARY CITY & ZIP CLARENCE, NY 14031 LAST 4 DIGITS OF SSN. XXX -XX -6836 LAST JOB TITLE FIREFIGHTER NAME PETER WACHOWSKI LAST DEPARTMENT FIRE DATE ADDRESS 1081 BOWEN ROAD LAST SALARY CITY & ZIP ELMA, NY 14059 LAST 4 DIGITS OF SSN. XXX -XX -3126 LAST JOB TITLE FIREFIGHTER NAME LAST DEPARTMENT FIRE DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2013 -032 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) GARNELL W. WHITFIELD, JR. COMMISSIONER N '\ FROM THE CORPORATION COUNSEL September 17, 2013 003 0 COMMUNICATION TO THE COMMON COUNCIL DATE: September 11, 2013 FROM: THE DEPARTMENT OF LAW SUBJECT: BRACO - I Request for Refund of Excess Real Property Taxes for the 2012 -2013 Tax Year PRIOR COUNCIL REFERENCE: Item #7, C.C.P. 02106/1973 On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO -1), a limited partnership, duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO-I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00), BRACO- I is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, 79 Mariner, and 87 Whitney. The application before your Honorable Body pertains to the 2012 -2013 tax year and is broken down as follows: 2012 -2013 City of Buffalo Real Property Tax: 2013 Erie County Real Property Tax: Total Tax Paid (City & County): Less Combined Ceiling as per Agreement: Amount of Overpayment to City & County: Portion to be refunded by the City of Buffalo (84.16% of Total Overpayment Amount): $ 9,466.06 Page 1 of 2 $ 47,842.32 9,004.38 $ 56,846.70 ($45,599.00) $ 11,247.70 '`1 VU \D 1 I respectfully request that your Honorable Body authorize the Comptroller to issue a property tax refund to BRACO -I in the amount of Nine Thousand Four Hundred Sixty -Six Dollars and Six Cents ($9,466.06). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2012 -2013 tax year. DEPARTMENT HEAD NAME: TIMOTHY A. BALL TITLE: CORPORATION COUNSEL SIGNATURE OF DEPARTMENT HEAD: Page 2 of 2 2012 -2013 BRACO I TAX REFUND CITY TAX COUNTY TAX Total Tax (City and County) First Half Second Half Total Paid 2013 210 Allen $2,896.74 $2,896.74 $5,793.48 $1,089.59 359 Busti $5,431.39 $5,431.39 $10,862.78 $2,042.98 346 Franklin $2,027.71 $2,027.71 $4,055.42 $762.71 352 Franklin $4,345.11 $4,345.11 $8,690.22 $1,634.37 74 Giant $3,360.22 $3,360.22 $6,720.44 $1,263.92 922 Main $3,258.84 $3,258.84 $6,517.68 $1,225.78 279 Niagara $1,448.37 $1,448.37 $2,896.74 $544.79 231 West $434.51 $434.51 $869.02 $163.43 79 Mariner $28.73 $28.73 $57.46 $17.44 87 Whitney $689.54 $689.54 $1,379.08 $259.37 TOTALS $23,921.16 $23,921.161 $47,842.32 $9,004.38 Total Tax (City and County) $56,846.70 Ceiling per Agreement $45,599.00 Amount to be Refunded $11,247.70 City's Portion of Refund 84.16% $9,466.06 County's Portion of Refund 15.84% $1,781.64 Prepared by: Cavette A. Chambers, Asst. Corporation Counsel City of Buffalo Department of Law 7> Request for Refund of Excess Real Property Taxes for the 2012 -2013 Tax Year — BRACO -I Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel, dated September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Comptroller to issue property a tax refund to the Buffalo Rehabilitation Action Company (BRACO -I) in the amount of Nine Thousand Four Hundred Sixty -Six Dollars and Six Cents ($9,466.06). Said amount is the City's portion of the excess real property taxed paid on the real property Iisted for the 2012 -2013 tax year. PASSED C: \UsersllrucinskilAppData\ Local \Microsoft \Windows \Temporary Intemet Files\ Content .Ootlook \OX32QVW6\Rcquest for Refund of Taxes BRACO- I.docx . 1� �AYE�r1lU* FONTANA FRANCZYK GOLOMBEK LOCURTO PRTDGEN RIVERA RUSSELL SCANLON SNRTH [-------- - - - - -] [ MAJ - 5 ] V [213 - 6] [3/4 - 71 X00 o e SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL FROM: DEPARTMENT OF LAW DATE: September 12, 2013 c, LA lyi 5 SUBJECT: Peacock v. City of Buffalo, et al (Index No.: 2010 -6440) LeFort v. City of Buffalo, et al. (Index No.: 2011 -4613) PRIOR COUNCIL REFERENCE: NONE TEXT: The undersigned is asking this Honorable Body to approve the settlement of the above - entitled actions in the amounts of $45,000.00 (Peacock) and $180,000.00 (LeFort). For your review, the details of each case are set out in the confidential write -ups separately delivered to each of your respective offices at the time of filing. Generally speaking, the Peacock matter involves a slip and fall over a defective condition within the City right -of -way that resulted in a right wrist fracture that required two surgeries, while the LeFort case involves a motor vehicle accident with a City Dump Track that resulted in the PIaintiff sustaining a cervical spine injury that required fusion surgery. It is in the best interests of the City to promptly pay all sums called for by the settlements in these cases, as expedited consideration by this Honorable Body and payment was contemplated as part of the settlement calculations undertaken by each of the Plaintiffs. The undersigned will be available at Caucus on Monday, September 16, 2013 to discuss these matters, should your Honorable Body have any questions or concerns. For these reasons, the Corporation Counsel respectfully requests that your Honorable Body authorize payment of $180,000 to settle the LeFort matter and $45,000 to resolve the Peacock matter, with the funds to be drawn from Judgment and Claims Account #17221008 - 480205. The City Law Department will be filing a Claims Agenda for a first quarter Claims Committee Meeting to review other potential settlements in advance of the next meeting of your Honorable Body. Thank you for your attention to and consideration of these matters. DEPARTMENT HEAD NAME: TITLE: Timothy A. Bail CORPORATION COUNSEL SIGNATURE OF DEPARTMENT OF HEAD: �f� t A/ I Id' Request Settlement Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel, dated September 12, 2013, be received and filed; and That the Common Council hereby authorizes payment of $180,000.00 in settlement of the claim of Elizabeth LeFort f /k/a Elizabeth J. Hackett, and $45,000.00 in settlement of the claim of Katherine Peacock. Funds are available from Judgment and Claims Account 417221008- 480205. PASSED C:1 UsersVrurimki\ AppDataS LocallMicrosoft \WindowslTemporary Intemet Files\ Content .Outlook\OX32QVW6\Request Settlement.docx *AYES` NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SMITH * �------- - - -- - -] [MAJ- 5] * *� [213 - 6] [314 - 7] FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES - September 17, 2013 ®000 To: The Common Council: From: Department Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Food Store (New) [: 2502 Bailey (LOVEJOY) Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xx/xx/xx): Text ( Type Single Space Below Date: September 6, 2013 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 2502 BAILEY (BAILEY DELAVAN MARKET/ MOIIAMED SHAIBI.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store Iicense 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. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Ty a - Title: Signature of Department Head: JC:PS jd 11 41 Interdepartmental Memo Date: September 6, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RM Common Council Communication Food Store at 2502 BAILEY AVE er City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Foad Store application to the Common Council: Fire Prevention Building Inspection Police Department Collection Office Application Director Permit & Inspection Services Date CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL . BUFFALO, NY 14202 --INSPECTION/APPROVAL REQUEST - -- - - REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: COLLECTIONS JOE LOTEMPIO BAILEY DELAVAN MARKET FOOD STORE 2502 BAILEY LOVEJOY COUNCIL DISTRICT MOHAMED Y SHAIBI (716)430 -8692 FST12- 10025121 -------------------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: CALLBACK; ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: ! RM #/ " EXT -/° PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO. OFFICE. OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. GERALD WHALEN BAILEY DELAVAN MARKET FOOD STORE 2502 BAILEY LOVE30Y COUNCIL DISTRICT MOHAMED Y SHAIBI (716)430 -8692 FST12- 10025121 1�. ------------------------------------------------ ----------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) �APPR O.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. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: BUILDING REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BAILEY DELAVAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 2502 BAILEY LOCATED AT: COUNCIL DISTRICT: LOVEJOY COUNCIL DISTRICT APPLICANT NAME: MOHAMED Y SHAIBI APPLICANT PHONE: (716)430 -8642 APPLICATION NO: FST12- 10025121 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: -------- - - ---- ---------------- - - - - -- -------------- �--_--------------------------- - - - - -- - - T - - - - - - - T (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 'mot r I DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# 3roru� —t, P.g� EXT Yq 0 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: 1 R DNI /1;7;(.Y� DISAPPROVAL REASON: POLICE MARGARET OVERDORF BAILEY DELAVAN MARKET FOOD STORE 2502 BAILEY LOVEJOY COUNCIL DISTRICT MOHAMED Y SHAIBI (716)430 -8692 FST12- 10025121 CONTACT YOUR POLICE DISTRICT FOR DENIAL OF THIS FOODSTORE LICENSE APPLICATION. HIGH CRIME AREA. POLICE HAS DETERMINED A FOODSTORE AT THIS LOCATION MAY CONTRIBUTE TO THIS PROBLEM. ------------------------------------- -- ---- -------------- - - - - -- ----------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: f 13 DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: L APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLI AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU. •l 4'> " r n 1�� CITY OF BUFFALO - LICENSE APPLICATION - a 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form- is public - record... --- ...__ ❑.Mail---- ._._.©__Walkin_. ._... _ __... Type of Entity: 0 Sole Proprietor ❑ Corporation ❑ Partnership ❑ Limited Liability Company - Owner(s)/ Principal Partners Applicant (last, first) _- WAlk/ MOM!2 Map !Z. M_ Home Phone Home Address: (PO Box not acceptable) 7y d �i sis�_ C ; A &C_ . R1,1 4a Date of birth Place of Birth . Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. _ ,� �T�L `; n� �2{/ S?aef Nagi A. a. poblie i k -• -___ Subscr c� 20 te PgejUt%: this ' = � ay o New York For office use only T &A Application No Date issued: Up - aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. initial As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and Belief. Print Name y Signature e& _ /� r�J Date fee fee fee 11 Restaurant 1 -200 seats $174.00 ❑ Restaurant Dance ❑ Restaurant Take Out $ 88.00 13 201-400 seats $250,00. ❑ Floor Show $367.50 Food Store $115-00 ❑ 400+ seats $350.00 © Live Music $210.00 (on premise consumption of food and/or beverage) ❑ Mechanical $131.25 See additional questions. ® Certificate of Inspection $56.00 ❑ Meat Fish Poultry $150.00 (Public Assembly) Restaurant 50+ seats ❑ Public Dance (based on sq ft) ❑ Caterer $ 88.00 ❑ Coin Control Amusement ❑ GoGo Dan eing $131.25 ❑ Bakery # games _ per game $47.25 ❑ Skating Rink $210,00 ❑ 0 -2 employees $ 63.00 © Arcade # games _ per game $47.25 ❑ Bowling Alley per lane $31.50 ❑ 3 -10 employees $105.00 ❑ Music mechanical $52.50 # lanes © 11 -15 employees $157.00 0 Music live, no dancing $52.50 ❑ Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 0 News Stand $63.00 # tables ❑ 51 -200 employees $525,00 Corporation Name Business Phone ( - Business lame (dba) - T Business Fax ( ) - Business Address ( no Po sox). Mailing Address (if different) 41 S NYS Tax ID '# _ Business Website A W E - Mail _ 410A Y Owner(s)/ Principal Partners Applicant (last, first) _- WAlk/ MOM!2 Map !Z. M_ Home Phone Home Address: (PO Box not acceptable) 7y d �i sis�_ C ; A &C_ . R1,1 4a Date of birth Place of Birth . Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. _ ,� �T�L `; n� �2{/ S?aef Nagi A. a. poblie i k -• -___ Subscr c� 20 te PgejUt%: this ' = � ay o New York For office use only T &A Application No Date issued: Up - aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. initial As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and Belief. Print Name y Signature e& _ /� r�J Date 000 To: The Common Council: Date: September 6, 2013 From: Department Permit & Inspection Services Division: Office of Licenses Ty in U pper and Lower Case Only 1 Subject: [: Food Store (New) [: 2906 Bailey (MASTEN) C� Prior Council Reference: (If Any) [: Ext. { Item No. xxx, C.C.P. xxlxxlxx) 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 2906 BAILEY (BAILEY DISCOUNT MART INC/ HAMOUD ZAID.) 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. �71711101 4.4 �MIK OR •a< Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: j JC :PS.jd . N 1 �V Interdepartmental Memo Da September 6, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 2906 BAILEY AVE Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Fo Store application to the Common Council: Fire Prevention Building Inspection Police Department LZ Collection Office Application & Inspection Services QI� .3 Date t FA CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: COLLECTIONS JOE LOTEMPIO BAILEY DISCOUNT MART INC FOOD STORE 2906 BAILEY MASTEN COUNCIL DISTRICT HAMOUD ZAID (716)816 -5448 FST13- 10025815 -------------------------------------------------------------------------------- - - - - -- ---------------- - -------- - - - - -- --------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: �// DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: --L RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: BUILDING REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BAILEY DISCOUNT MART INC LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE:. REMARKS: DISAPPROVAL REASON: FOOD STORE 2906 BAILEY MASTEN COUNCIL DISTRICT HAMOUD ZAID (716)816 -5448 FST13- 10025815 ----------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: (;� c ' k3 DISAPPROVED: DATE: DISAPPROVAL DATE: RM# 30 � EXT ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 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 14.202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: POLICE MARGARET OVERDORF BAILEY DISCOUNT MART M FOOD STORE 030 2906 BAILEY MASTEN COUNCIL DISTRICT HAMOUD ZAID (716)816 -5448 FST13- 10025815 . ---------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A DATE: DISAPPROVED: DATE: REMARKS: 42 2` DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF t (ej AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL _1B"FALO.NY 421W LICENSF, APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKEOUT CATERER FOOD STORE WAT, FISH& POULTRY Date JULY 17 20 13 Applicant Nana Applicant Hon1e Phone #- 114-BJ6-5448 Applicant Address 12 CLARK STREET UPPER 1ACKAWANA, NY 14218 (No., Street) (City; Town or Village) (state) (zip) Co-Applicant Name co-Applicant Address (No., Street) (City, Town or village) (State) (zip) Corporation Name BAILEY: DISCOUNT. MART INC Date Incorporated MAY 14, 2913 MAY 1.4,2013 BAILEY DISCOUNT MARKET BAILEY f Business Cert4c4te: Business Address 2906 BAILEY AVENUE BUFFALO NYJ 14215 (No., Street) (City, Town or Village) ":(8tatd) . .:(Zip) . Mailing Address (if different than business address) (No., Street)' (City, Tovn or Village) (State) (Zip) 716-816-5448 p Business'Phohe #'.. - - . .. —, S tate T ED Number - 46-3077041 N o f . E m pl oye p s, (Baker & Confec Sabscribqd and Sworn to before ifte this 7 Day. of Co sioner of Deeds in and for the City of Buffalo, New York RST appl WHAD COMAS N*q PW&, Ote of New York Wsn#W#01QA6051701 Dualifted In Erie Cou ntY fit IRES: RESTAURANT. 0 SEATS $174-00 701400 S290.60 401+ S325.00 RESTALT,eZ WMOCTICATERING $ $9.00 'NWATMH & POULTRY (Z YRS-). $150-00 FOOD STORE $115.00 BAxER/CONFEMONER 0-2 EMPLOYEES $63.00 3-10 $105.00 11-25 5157.00 26-50 $315.00 51-200 $925.00 My Commission EMras Dec. 4 20 0003x) To: The Common Council: From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 427 Tonawanda (North) 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 : Date: September 3, 2013 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 427 Tonawanda (FIRST LADY BEAUTY SUPPLIES INC/ IBRAHIM SHAIBI & AMEEN SALEM.) 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: EPUTY CO ISSIONE Si ng ature of Department Head: JC:Ps:jd ��- Interdepartmental Memo Date: September 3, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 427 TONAWANDA ST Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Fire Prevention Building Inspection Police Department Collection Office Application Director Permit & Inspection Services Da e - .. `�;,,' � '�'"" " '>c xr ;�: ,� ts. - =� t� t�j � � ?� �• E ems' r ��+ , - 4 ,p p 3 • f . iV Y ' r PITY'Qlti L OC; Q �t 301 Ci �A 4� FFI I3IIFF�Ai a ry y � M � £ g . r �j0.n E w u s x 3z n Shy d e a, N g it REVIEW TYPE: COLLECTIONS. € � � f REFERRED10, 7QE10TEM1'IO a; APPLICATION YOM �- Y ►uY PP Q '��. �� "'�� a � �R ' tt� IICENSETYI'L: 1?4[)DSTOIE � Bl7$IL�ESS�DI]REfiB: 3I- TONAWA:WDA7 ,,— UQ ti4 r LOCATE AT,. 427 Tanawande � �� � s � � ����� � � COUNCIL DIS TRICT: NOR TH Ca CIL DIS�IRIC r A$FLICANT:I+iA3V1Ei IlrCahimShaibi ,�� APFLICANTFHoNE; (7!6)435•.7237 * �s ° x APPLICATION NO: FST13 I0025733 REFERRAL DATE: t R, REMARKS: DISAPPROVAL REASON: < .... ........... ......... - - - -- ................ W.= .............................. (TO BE COMPLETFD BY AGENCY/IJEPARTTvMNT REFERRED:TO) ro APPROVED. _. TIISAPPROVED: RATE DISA D 'TE:. 1 FOR l8APPAOVAL MUSS BE STATED BELloW" "* - REMARKS: f. INSPECTOR: aCf RW EXTt] INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** ------------------------------------------- ------------------------------------------------ ------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT ItEFERRED TO) APPROVED. DATE: . rr DISAPPROVED: DATE: DISAPPROVAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING VINCE FERRARACCIO First Lady Beauty Supplies Inc FOOD STORE 431 TONAWANDA 427 Tonawanda NORTH COUNCIL DISTRICT Ibrahim Shaibi (716)435 -7237 PST13- 10025733 RM # EXT 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: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. KENNETH POCZKALSKI First Lady Beauty Supplies Inc FOOD STORE 431 TONAWANDA 427 Tonawanda NORTH COUNCIL DISTRICT Ibrahim Shaibi (716)435 -7237 FST13- 14025733 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 497- 2 2?— dy DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: y� INSPECTOR: 0*L !� �° 4.�� RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU. v_ww/ 1 QVJ — V.L - �LNvQJ G7' 44 G4j GCI — CjU UJC)s"a ru INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL SV>ETr'ALO, IVY 14202 POLICE MARGARET OVERDORF First Lady Beauty Supplies Inc FOOD STORE v 431 TONAWANDA 427 Tonawanda NORTH COUNCIL DISTRICT Ibrahim shaibi (716)435 -7237 FST13- 10025733 REMAR0. 2nd request DISAPPROVAL REASON: ....... ...... . . . .. . . . ...... - .........- -- -- --------- ............._ _1 :... - _ ---------------------- (x0 BE C ©MI'LETED BY AGENG'Y'IDEpART1VE1V'i' 11EIrEERRED TO) APPROVED: DATE: DISAPPROVED: DA REMARKS: DISTRICT CAPTAL T: APPROVED: DATE: A DISAPPROVED: DATE: 'REASON FORDISAPPROVAL MUST BE STATIrD $FLOW * ** REMARKS: COMMISSIONER OF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFEMIAL TO THE OFFICE OF LICENSES, THANK YOU. M-9 Z0001Z000d ZL9 -,L -WQS3 D :11 ETI -E0 -60 ` CITY OF BUFFALO -. APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851 -4078 Fax. (716) 851 -4952 -" Type of Entity ❑ Sole Proprietor ❑ Corporation ❑ Partnership fee ❑ Restaurant Dance • Floor Show $367.50 • Live Music $210.00 ❑ Mechanical .$131,25 ❑ Public Dance (based on sq ft) ❑ GoGo Dancing $131.25 OS kating Rink $210.00 ❑ Bowling Alley per Iane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables ❑ Limited Liability Company fee ❑ Restaurant Take Out $ 88.00 )1 Food Store $115.00 ❑ Meat Fish Poultry $150.00 ❑ Caterer fee ❑ Restaurant 1 -200 seats $174.00 ❑ 201 -400 seats $250.00 ❑ 400+ seats $350.00 ❑ Yes ❑ No Selling alcoholic beverages? ❑ Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats ❑ Coin Control Amusement $525.00 # games _ per game $47.25 • Arcade # games _ per game $47.25 • Music mechanical $52.50 ❑ Music live, no dancing $52.50 ❑ News Stand $63.00 fee ❑ Restaurant Dance • Floor Show $367.50 • Live Music $210.00 ❑ Mechanical .$131,25 ❑ Public Dance (based on sq ft) ❑ GoGo Dancing $131.25 OS kating Rink $210.00 ❑ Bowling Alley per Iane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables ❑ Limited Liability Company fee ❑ Restaurant Take Out $ 88.00 )1 Food Store $115.00 ❑ Meat Fish Poultry $150.00 ❑ Caterer $ 88.00 ❑ Bakery ❑ 0 -2 employees $ 63.00 ❑ 3 -10 employees $105.00 13 I1 -I5 employees $157.00 ❑ 26 -50 employees $315.00 ❑ 5I -200 employees $525.00 Corporation Name 5 . L$7�Y 9,�4 u y SuMre5 l ;174,. Business Phone (716) 9 77- q 72 0 Business Name (dba) Business Fax ( ) - Business Address (no Po Box) 7"f3 l/ WA d3 - r9 it r( L /V Y _I 4 -2_0 Mailing Address (if different) NYS Tarr ID # 9 ,- 502 3 E 5 y Business Website E -Mail Owner(s)/ Principal Partners - Applicant (last, first) � /9l � J 1 fi L rl" Home Phone 716 q y 3 Home Address: (PO Box not acceptable) / - 2 3 6 =d P S T- Ny )4,9 Date of birth 111OW& Place of Birth V /.?-i e, Co- Applicant (last, first) 5A2&C—/71 44 F_ E lV Home Phone . 7 /6 ° �' �r " ' Home Address: o Box not acceptable) rE V 3 6 2 T (V 5 7 4� 9 �Ur6 , v 1 `( D'6 Date of birth Place of Birth , el;� eh Describe your specific business activity in detail. .� I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. initial For office use only As an authorized agent of the entity identified above, I certify the & I , bbe d orn before me s information on this form is true, correct, complete and current to the best 20 of my knowled ge and belief Print Name :5 1b ' T RA#f � f bee - of Buffalo d Signature Date (-� A No �_�� A licant must be resent at time of all ins ections. pp - -- Food Store License (New) — 427 Tonawanda (North)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated September 3, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ibrahim Shaibi and Ameen Salem d/b /a First Lady Beauty Supplies Inc. located at 427 Tonawanda. PASSED C-\ Usersllrucinski \AppOata\LocalWicrosnft \Windows \Temporary Internet Files \Content.Outlook1OX32QVW61food store license - new -427 Tonawanda,docx 11)0 *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] * � [213 - 6] [314 - 7] CITl OF 3[JFFALO DEPARTMENT OF PERMIT & INSPECTION SERVICES DIRECTOR'S OFFICE BYRON W. BROWN Mayor JAMES COMERFORD, Jr. Commissioner PATRICK. SOLF, Jr. Director September 5, 2013 Gerald Chwalinski City Clerk 1308 City Hall Buffalo, New York 14202 I o t? A-es rk t C,-f C. uq-L jqe g r P Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -68.6 "Downtown Entertainment Review District "; (F) "Application for Restricted Use Permit ", the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "Phez Entertainment LLC. "Lux" located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications are "approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. j V er)f trgly ,rSole, Director U its & Inspection Services cc: James Comerford Commissioner of Permit & Inspection Services R ECEIVED AND FILED i�:i .:I It 14V•�il'1121 - i��.��.ILi Alll_I 113 Ii ?I.(� 41.'ii' iw� I �. - iti - I;,•:,;j ,;� a.iu. �r iii ih,.c-n: P1jrr,- _9_1anjTTW� A - W gM._ 'FAVE RN L VUNr',p PERMTTING ENTRY OF PATRONS UNDER ACE 21 WHERE a m l i!! M. Pursuant 1511m68.6 of the Code of the City of Buffalo, the undersigned hereby manes L t 1 11 C" -a Ui Li.. U- MV, UUMU"' U1. LEIC 1LY L-1 Dul nur lu &u d. served to natro-us aced 21 and over. 1 WA W. niR A P.MmANT .2 'BUII�T :zr 3. EVENT ADDRESS (if difWkoni) 4, NAME OFEVENT f Z_ S. IS THIS A ONE-TIME EVENT? '(CH ONO YES �NQ 6. DATE 0F'0N_&TMEVENT V_2a T. IS. MS-A-RECURRING EVENT (CEECKO'NE) YES NO Z 8. DATES OF RECURRING FVPW 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10. START TIME AND END TIME OF EVENT SSMAIPT /O TTKT .,D ReViged April 9, 2012 r- . .Tyr TZ-W ot T 91 • W& Ir W! A TW MT W-frilp, "U T- -P wf T.A%VERNIEVENT PERMTTING ENTRY OF PATI-RORSU-NDER AGE 21 WHERE Pursuant to §511 -6 8.6 of the Code of the City of Buffalo, the undersigned hercby makes MCI 'i., j- ' v ' LLk.- served to natrons aLyed 21 and over. 1 WAw. nT APPLWANT 3. EVENT ADDRESS (if dif-formt) , � 4.- NAME OF EVENT /0 5, IS THIS A ONE-TIM EVENT? '(CHECK ONE) YES NO 6. DATE OYQN-E, 7.. IS-THIS-A-RECURRING EVENT (CHECK ONE) YES NO 8. 'DATES OF RECURRING RVFNT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND , I (h . START TIN4E AND END TIME OF EVENT RTA07, d PNM ReVi Aprfl 9,2012 . .............. . r ry n. r u T T-Vp rt - 'wkw wo A mvr , wr rirAT1 v ". -rn Vl— 2 ! Vt ffl 1 1 It r-,L V ff --�, ff s , - -,_ I y a V I T Alij . TAVEAM V ENT PERMITTING ENTRY OF PATR UN DER AGE 21 WHERE Pursuant to §511-68.6 of the Code of the City of Buffiajo, the uadersigned hereby makes ffit "'. . 'I - -, 0'.." !;, -.. '! ... w �-M -! - or coniL-lucai poresence wr patrons undr- ffic a p- n� -. Of I I nrjnr�- served to rafrons aized 21 and over, nF A P-PT Jr. ANT Z AL4n& /0 3. EVENT ADDRESS Cif dif0cirml.' 4.- NAME OF EVENT S. IS THIS A ONE-TIME EVENT? (CHECK ONE) YES 'NO 6. DATE 0F 'ONE TffvfE'EV9NT /0// ell . 7.. Z ISIHIS EVENT. (CIMCK Olit) YES NO 1 009 S. DATES OF I?FCURRJNC P.VPiqT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10. START TIME AND END TIME OF EVENT ST�WT /O FXM M � /Jll- - ReOped Apdl 9, 2012 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR .RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME . 0 , F A 1 ris APPLICANT l9 s A ;'4n L4 I 2. BUSINESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5. IS, THIS A ONE -TIME EVENT? (cHEcK oNE) YES ' NO 6. DATE OF ONE -TIME EVENT + r 7. IS THIS A RECURRING EVENT (CHECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10. START TIME AND END TIME OF EVENT START /0 END Revised April 9, 2012 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS TINDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the bndersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continded presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME . 0F APPLICANT 2. BUSINESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT "4 Lrf j 5. IS THIS A ONE -TIME EVENT? (CHECK ONE) YES NO 6. DATE OF ONE -TIME EVENT 4A � C lo 2- o 7. IS THIS A RECURRING EVENT (cHEcR oNE) YES NO 8. DATES OF RECURRING EVENT �- 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 2- 10. START TIME AND END TIME OF EVENT START END Revised April 9, 2012 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY-OF PATRONS UNDER AGE 21 WHERE ALCOHOL. IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a pen to hold an event .which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF_ APPLICANT 2. BUSINESS ADDRESS . C- 4 3. EVENT ADDRESS (if different) 4. NAME OF EVENT � � gym°► t� 5. IS THIS A ONE -TIME EVENT? (CHECK ONE) YES NO 6. DATE OF ONE -TIME EVENT .� 7. IS. THIS A RECURRING EVENT (CHECK ONE) YES NO S. DATES OF RECURRING EVENT ..- ?'0 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10. START TIME AND END TIME OF EVENT START /O END A - Revised April 9, 2012 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Co=on Council of the City of Buffalo for a permit to hold an. event which will permit entry or continued presence of patrons under the age of 21 while alcohol is tieing served to patron aged 21 and over. 1. N)r OF APPLICANT 2. WSSSADDRESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5.. IS THIS A ONE -TIME EVENT? (CHECK oNE) YES ✓ NO 6. DATE OF 'ONE -TIME EVENT 7. IS THIS A RECURRING EVENT (CHECK o NE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND �do -'�� 10, START TIME AND END TIME OF EVENT START END Revised April 9, 2012 FROM THE CITY CLERK September 17, 2013 00034 City of Buffalo Board of Ethics Meeting Minutes Tuesday, April 23, 2013 kn ,)V�r Members in Attendance: Douglas Coppola, Eleanor Paterson, James Magavern, & Gerald Chwalinski. Excused: Richard Sullivan & Cavette Chambers. Guest. Mary Baldwin, Deputy City Clerk. Quorum New Business: 1 Board nominations regarding the reappointment of Douglas Coppola and James Magavern and the appointment of Ms. Elizabeth Horned have been with the Mayor for more than 45 days. If he does not reply, the names will automatically go in front of the Common Council. Gerry will follow up with the status and if not approved, will send the names to Common Council for the next meeting on 4/30/13. 2) Regarding the Annual Financial Disclosure submissions, per Sharon Adler, Clerk's office, there is still one outstanding board member, Sheila Wallace, Citizens' Rights. Sharon mailed a certified letter and will follow up on this matter. Perhaps person has moved or is no longer on committee. Contact the Chairperson, ask for his /her cooperation in obtaining the Disclosure from Sheila and "cc" Doug on all correspondence. Also, contact Crystal Rodriguez, fellow board member, for assistance since she works in City Hall. Old Business: 1. Doug will call Tim Ball & Cavette about drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. The amendment needs to go back to the Council. Cavette to follow up with Tim. Approval of the February 26, 2013 minutes. Next meeting is scheduled for Monday, May 20, 2013, if there is unfinished or new business. Meeting is adjourned. CITY OF BUFFALO . DEPARTMENT OF L AW � � c a BYRON W. BROWN TIMOTHY A. BALI. MAYOR CORPORATION COUNSEL June 18, 2013 Douglas Coppola, Esq., Chairman City of Buffalo Board of Ethics 65 Niagara Square 1300 City Hall Buffalo, New York 14202 Dear Mr. Coppola: In accordance with section 12 -5 of the City of Buffalo Code of Ethics, please allow this communication to serve as my Transactional Disclosure Statement advising that a related party proposes to eater into a business transaction with the City of Buffalo. Please be advised that my brother, Greg L. Chambers, proposes to purchase a city -owned vacant Iot located at 139 trgard Place. My understanding is that an application for purchase of the property will be filed with the Division of Real Estate and negotiations conducted with that office. X have not and do not intend on participating in any official discretionary action, or non- official action, affecting this transaction and the passible acquisition of this property. This matter has been disclosed to and reviewed by my supervisor, Corporation Counsel Timothy A. Ball. Should you have any questions, please contact the undersigned at (716) 851 -4316. Timothy A. Ball oration Counsel Cavette A. C ambers Assistant Corporation Counsel cc: Timothy A. Ball q4 65 NIAGARA SQUARE / 1100 CITY HALL / BUFFALO, NY 14202,3379 / (716) 851 -4343 /. VAM (716) 8514105 / mmm.city- buffalo co. TRANSACTIONS DISCLOSURE STATEMENT FOR THE CITY OF BUFFALO, NEW YORK PURSUANT TO ADMIN. CODE § 12-5 Date: 1 Name: A I f M �4 "0 Official Discretionary Action Nature of Private Interest or Transaction Action to be Taken by Employee Name of Related Parties with Private Interest Relationship to Employee or Transaction Nature of Private Interest or Transaction of Action to be Taken by Related Related Parties Parties This form is to be used for any transaction that occurs during the year, 0 0 I %, - _"f f WTLI r%m% L T TAVEIZN E ',TENT PERMITTING ENTRY OF PATRON.S UNDER AGE 21 WBERE Pursuant to §511-68.6 of Code of tile City of Btiffaio, the undersigned hereby makes — Ul. LW UIVJ ------- Rmon ....... wffl vpmm_�- ent-v -r continucal- of paireii-s umd— %jt &,t Lr, 3j4,lj;_ served to Patrons aged 21 and over. I • WAm nF APPI Jr.AWT RA 4�d 1) B -VS—TTnn- _A TI -7 U 4 /, A2; 2 3. EVENT ADDRESS (f �i�frerer� #1 4, NAME OF EVENT 5. IS THIS A ONE-TIME EVENT? '(CHECK ONE) YES - NO 6. DATE 0F'0NE-.rTW'EVP_NT T. IS. THIS A-RECURRING EVENT (CHECK 01 YES N6 Z 8. DATES OF RECURRING FVFWT .. 9. NUMBER OF PEOPLE ANTICIPATED TO ATTENI) 10. START TIME AND END TIME OF EVENT 's,T-APT. ... ..... .. DOWNTOWN ENTERTAINMENT J)IMUCT RESTRICTED USE PERMIT APPLICATION CONTINUED 11. Detail safeguards to be - undertaken to insure that all patrons under the age of 7,1 are easily identifiable:. 12. Detail your security pl for maintaining order and patron safety during this event: 13. How many will be on the premises'during the event to maintain order? 14. WILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENT? 15. IF YES, NAME OF -SECURITY C ONTRACTOR 0. NEW __WXK S'TAXZ LiQU0&AU_1aU1U1 Y 17. -ERIE COUNTY HEALTH DEPARTMENT 1Ak- FZXTCC Under penalty of law- for filing a false imtruiment I declare that the above statements are true and hereby make this application. kAWLICANT"S SIGNATURE ADDRESS k CR a 0, 16 frn.10, Akly =2 T.ELEPHoNE 7 - 7 - 70M 7 7 0_X fi&d�ffl_ -fi FaA�Vpl g&_ec .1 f 1A Restricted Use Permit — 75 W. Chippewa (Ell) Mr. Pridgen moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 17, 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 October 4, 2013 is approved upon the following conditions: • All patrons under the age of 21 will have both hands marked with a black 'Y' • All patrons over the age of 21 will have a wristband indicating they are over 21 • Licensed security guards will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED C: 4UsemAmcinsldSAppDatall .ocali3vlicmwflSW indaws4Tompomry Intemet FiICS%Conicnc0udwk1DX32QV W 65Restdcled Use Permit 76 W CWppewm 10 -7.13 — .t.d.. *AYE* NO * FONTANA RUSSELL ... FRANCZYK SCANLON GOLOMBEK SMITH LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MA7 - 51 * (� 213 - 6 [314 - 71 400 3 c 1 A - jr d-k - t: 1 "' W W A n W �S1% T "VP A V TRERN EVE NIP PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE Pursuant to §511 -68.6 of Code of the City of Butthio, the undersigned hereby makes Ulu ""frtr n — - _r conii-mued. =--ence c-fi3atrons urralm- ffi am 'vi aii :7iliii.:a1:.�JiiVi 1v iv served to patrons aged 21 and over, I WAm.F. nF A PPT Jr. ANT 2. BUZI S te . ' • _ CL 3. EVENT ADDRESS (if differcAt'l .4.. NAME OF EVENT 5, IS THIS A ONE-TIME EVENT? (CHECK ONE YES NO 6. DATE OF'QNE-7T5AE'EVVNT I d�1_4 3 7.. IS, THIS -A-RECURRING EVENT. (cmEcy, oisit) YES NO Z 8. DATES OF RECURRING FVFNT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEM APT. P 10 START TIME AND END TIME OF EVENT S - XID REFERRED TO THE COMMITTEE Revised April 9,2012 ON LEGISLATION. DOWNTOWN ENTERTAINMENT DISTRICT RESTRICTED USE PERM. APPLICATION 'A 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: 13. How many employees will be on the premises - during the event to maintain order? 14. WILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENT? 15. IF YES, NAME OF- SECURITY CONTRACTOR /J / fl. i6. NEWY(jxk, SJAI't LIQUQW-AW HOW I X L.-U—t"', 31r 7 17.-ERIE COUNTY HEALTH DEPARTMENT NO. M7_jAk-&XLC_ Under -f filing for ru declare that the above statements are true aud hereby, make this application. WWLICAMP'S SIGNATURE ADDRESS my 'I_4 a2 21 ........ .. 0003 PTT*t7: f"Vr. TILT I A -Ir s-% "t :7 /•w. r A fR1T �\Iky T1 dtiVA w, V% WTCI 1 ! Y M 9--- -n-M I n N ff a It — 31 X I TAVE RN Ef VENT PERWTTING ENTRY OF PATRONS U NDER AGE 21 WHERE 0. Pursuant To §511 -68.6 of the Code of the City of Buffaio, the undersigned hereby makes M U U—Mr "U ! jL;- 2f — , aU --- Ben UIA'.1 -.rwj;"k, served to natrons awed 21 and over, 1 RAW. n F A PPT Jr. A WT 3. EVEI- ADDRESS (if diffeyrnf) 4.- NAME OF EVENT 5, IS THIS A ONE-TIME EVENT? (mEcKom YES - No 6. DATE OF'0N-RTW'EV8NT I all ell 7 7- IS. THIS-ARECURRING EVENT (CHECK ONE) YES I+j 0 8.' DATES OF AECUUJNG FVFWT /� 9. NUMBER OF PEOPLE ANTICI . TO ATTEND �60 pp 10. START TIME AND END TIME OF EVENT S TART. UXTT, DEFERRED TO THE COMMITTEE ON LEGISLATION. ReViged April 9, 2012 0 DOWNTOWN ENTERTAINMENT DISTRICT RESTRICTED USE PEP341-T APPLICATION CONTINUED 11. Detail safeguards to be undmtaken to insure that all patrons wider •the age of 21 are easily identiflable:, 12. Detail your security plan for maintaining order and patron safety during this event: 13. How many will be on the premises the event to maintain order? 14. WILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENrl AJ O - 15. IF YES, NAME OF-SECURITY CONTRACTOR / 01 0. NEW _YVk& S LIQUOKAW11=1 I 3 /sa sh? 17.-BRIE COUNTY HEALTH DEPARTMENT NO. .-/' A -FZMC ITI, k Under venaltv of law for flHne a false instrument I declare that the above statements are. true and hereby make this application. WWLICANT"S SIGNATURE ADDRESS TELEPHONE :216-770.-:Z1T7 A 1, 00035 \1�1 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 49 Illinois RECEIVED AND FILED September 17, 2013 Buffalo iron Works Samuel Savarino STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardi°ed NOTICE FORM for Providing a 30 -Day Advance Notice to a Local Municipality or Community Board in connection tvith the submission to the State LiquorRuthority of a (check one New Application ❑ Renewal A lication A lteration Application E] Corporate Change for an On- Premises Alcoholic Beverage License I. Date the original copy of this Notice was mailed to the Local Municipality or Community Hoard: L 0 5 2 IL 0 I Y 3 THIS .30- DAY.ADVANCE NOTICE IS BEING PROVIDED:TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OWCOMMUNITY BOARD - 2. Name of the Local Municipality or Community Board: City Of Buffalo ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S LICENSE APPLICATION NOTED AS ABOVE FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 3. Attorney Full Name is: Timothy J. Greenan 4. Attorney Street Address: 95 Perry Street Suite 104 5. City, Town or Village: Buffalo State: NY Zip Code: 14203 6. Business Telephone Number Df Attorney: 716 -553 -611 FOR NEW APPLICANTSi PROVIDE DESCRIPTION BELOW USING ALL INFORMATION KNOWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATIONS) FOR CURRENT_LICENSEES, SET FORTH APPROVED METHOD OF OPERATION ONLY - DO NOT USE THIS FORM TO CHANGE YOUR METHOD.OF OPERATION 7. Type(s) 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: Restaurant (Sale of food primarily; ❑ Tavem /Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - ('X" One( Full food menu; Kitchen r by c hef} meets legal minimum food availability requirements) F X] Recorded Music [K] Live Music ❑ Disc Jockey ❑ Juke Sox ❑ Patron Dancing (Small scale) ❑ Karaoke Bar 9 ' Type of establishments ❑ Cabaret, Night Club,(Large Scale Dance Club( ❑ Capacity of 600 or more patrons 0 Hotel ❑ Bed & Breakfast ("X" all that apply) Restaurant ❑ Club (e.g. Golf /Fraternal Org.) ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational Facility (Sports Facility/Vessel) None ❑ Rooftop E Patio or Deck ❑ Freestanding Covered Structure ❑ Garden /Grounds 10. Licensed outdoor area: (`X" all that aPPIY1 ❑ ❑Other Sidewalk Cafe (Speeify):None 11. Is the premises located within 500' of three or more on- premises liquor establishments ?X�_._ Yes ❑ No 12. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( °X' one) El Yes ❑ No 13, license serial number: Expiration Date: w 14. t The applicant's or license holder's full name, as it appears or will appear on the license: 49 I l l inois �+ Re staurant, LI-C rr'l 15. The Trade name, if any, under which the establishment conducts or wilt conduct business: Buffalo Iron Works ! ` 16. The establishment is located within the building which has the following street address: 49 Il linois St Fri C7 F 17. City, Town, or Village: Buffalo NY Zi p Code: 14203 � 18. The establishment is located on the fallowing floor(s) of the building at the above address: First Floor — 19. Within the building at the above address, the establishment is located within the room(s) numbered as follows: NIA 20. Business telephone number of applicant /licensee: 716 - 332 -5959 Business fax number of applicant /licensee: 21. Business e-mail address of applicant /licensee: Savarinocompanie5.COfll sams@savarinocompanies.com 22. 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 -, .OWNER OF THE BUILDING IN W HICH THE LICENSED ESTABLI84MENT,1S LOCATED 23. Building owner's full name is: 49 Illinois R ea l Estate, L� LC 24. Building owner'sstreetadd ress: + 95 Perry Street — Sui 1 04 7 25. City, Town, or Village: Buffalo tate N Y Zip Code: 1 26. Business telephone number of building owner: 7 1 6 3 3 2 - 5 9 5 9 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 Phis form are in confoiinity, with representations made submitted documents retied upon by the Authority when granting the license. I understand that representations ihade in this forrri will also be .' relied upon and that false representations may result in disapproval of the appl cati cation of the license r , 27 By y signature I rrn 7u nder Penalty of Perjury -,that the representati ` s m e.' is forrn.are true. _ . Printed Name Samuel J. Savarino I "" "member I Si Rev 05/16/13 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law TO: Aodicant Address and Principal Residence Address I Community Board /Mun 49 Illinois Restaurant LLC City of Buffalo Buffalo Iron Works City Clerk 49 Illinois St. 1308 City Hall Buffalo, NY 14203 Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: NYS Liquor Authority I Buffalo, 9/17/2013 10 :30 am Electric Tower Building SLA Hearing 535 Washington St. Room NY 14203 An on- premises liquor license application was filed on 8/512013 with the State Liquor Authority for the following premises: Applicant's Serial 3153912 Number and Name: 49 Illinois Restaurant Premises Address: 149 Illinois St Buffalo, NY 14203 J Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. STATE LIQUOR AUTHORITY DATE: September 4, 2013 BY: Da ' unds, Deputy Commissione FORM: LD.3 (5111) mam 00030 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 September 17, 2013 �.J #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE September 11, 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 September 11, 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: 000110 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. September 17, 2013 1�' 4 it el1 -07) Certificate of Appointment ]n 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 ceniticatio I of ppoint�nentfsl or a promotion(s). I further certify that the person(s) Warned in SChedale "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: b - 3 in the Department of Admin. & Finance, Policy, & Urban Affairs Division of Purchase to the Position of Account Clerk ARGWSKMAL `Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non- Competitive, (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Fiat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 31,574 LAST JOB TITLE ACCOUNT CLERK TYPIST NAME Laura Moison LAST DEPARTMENT Board of Education DATE 062913 ADDRESS 88 Cu h ng Place LAST SALARY $ CITY &ZIP Buffalo, NY 94220 LAST 4 DIGITS.OF SSN, XXX -XX -5878 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 WIDGET ORG. CODE 117680001 TITLE CODE NO 11 gQ =GET ACCT. OI3J. 411001 PROJ, ID PERSONNEL REO. NO 2013 -017 iALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR IEASON FOR APPT. ABOVE THE MINIMUM: AME OF APPOINTING AUTHORITY: William L. Sunderlin ITLE OF APPOINTING. AUTHORITY: Director of Purchase ATE; 7124113 i GNATURE OF APPOINTING AUTHORITY: O RIGINAL + 2 C P! S Tn, ITY CLERK ON /S FORE APPO! TMENT DATE OT -R gQEIfQS TO; #3- .COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #g_ BUpGET #fi- DEPARTMENT #7- Q]VISION #8- EMPLOYEEM NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS September 17, 2013 0004.E � t s_ Memorandum Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider i 1 ate: September 10, 2013 1aardiniz: Board Packet Documents ached are the following documents from the Joint Schools Construction Board meeting scheduled on �ptember 9, 2013: 1. Agenda 2, Meeting Minutes from JSCB Meeting dated August 5, 2013 3. Fully Executed Phase N Application and Certificate for Payment No. 56 —June 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 44R —July 2013 ll� 5. Phase III Application and Certificate for Payment No. 61R —August 2013 6. Phase V Application and Certificate for Payment No. 45 — August 2013 1 7. Program Packaging and Development Services (PPDS) Provider Update 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #I — July 2013 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase V Project — July 2013 10. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V — July 2013 REF "'���� Vn 70 CoMMITTEE w € ' I Co C 40a 114,61e � �-Ct /tc q .,." A e 4 a L�� C te_ rIC ONE HSBC C E N T E R Business ai a higher level 000a> SENECA ONE REALTY LLC OW N E R AND M ANAGEMENT OF ONE HSBC CE N TER August 28, 2013 David A. Franczyk Fillmore District Common Council Member 1316A City Hall Buffalo, NY 14202 4 e: Address Change for One HSBC Center Dear Councilmember Franczyk: HSBC Bank's lease for space in One HSBC Center expires as of October 31, 2013. As a result, the building at 1 Seneca Street can no longer be referred to as One HSBC Center after that date. Seneca One Realty LLC is the owner of the referenced building. As the local representative of the owners, I am requesting Common Council approval to change the name to One Seneca Tower as of November 1,2013. We appreciate your taking the necessary steps to make this happen. Sincerely, SENECA ONE REALTY LLC 6k Stephen P. Fitzmaurice Chief Operating Officer Cc: Kathy Peterson, City of Buffalo R EFEr E "m THE COMMITTEE ON LEGISLATION. tA\ ONE HSBC CENTER, SUITE 2800 BUFFALO NY 14208 -2897 • 716.858.4944 , FAx: 716.847.6721 • WWW.ONEHSBC.COM September 15, 2013 Common Council President - 00043 lS - 3 -1 C t,�� 1; C 1, _.C\ I am writing this letter of request made by our organization Stop The Violence Coalition Inc. to pursue the lease of ownership for the property located at 1532 Genesee St. at Bissell Ave. I would like to again applaud and thank honorable Council Member Richard Fontana for his support in his efforts to help us receive this building as an donation/tax -write off on behalf of the City of Buffalo to lease for $1,00, being that we are a 501 {c} 3 organization and will provide any necessary documentation to move this transition forward to ensure its success. Our plan is to utilize this property as a headquarters for the Stop The Violence Coalition Inc. also in conjunction with Peacemakers of Buffalo. The headquarters will be utilized as an intricate tool for Local Federal law enforcement and community resource facility. Our mission is to reduce violence and enhance the quality of life for the City of Buffalo and its surrounding areas while "Responding to the Needs of the People ". In past years this building has been a beacon in the community that has provide outreach services to the community and will once again provide services in the near future such as a GED program and counseling for individuals who have lost loved ones due to violence and providing referrals to individuals in the community who may seek assistance from our partners such as The United Way and Back to Basics to name a few. Our goal is to strengthen the relationship of the community and to bridge any gaps that hinder the quality of life as well as displaying a positive image on how to reach out to one another through the art of conversing with one another without violence. We strongly believe that having our own headquarters will increase our effectiveness and ability to provide conflict resolution services to the community at large. Under the advisement of Pastor James Giles of Back to Basics this organization will be addressing the communities concerns. We will become a model for other programs in Buffalo and surrounding areas that serve as an advocate to improve the quality of life for all. If you have any further questions or concerns please feel free to contact my administrative secretary Melissa R. H. Brown at 716 -578 -7882, as she will be happy to speak with you and relay your message regarding our future STVC Inc. Headquarters. Sincerely, Murra Holman REFERRED TO THE COMMITTEE Executive Chairmen O FINANCE. STOP THE VIOLENCE COALITION Inc. MH/mrhb a\ 1370 William St. Buffalo New York, 14206, Ph: 716.882.7882 Email: stvcoalition @yahoo.com Website: www.stvcoalition.org Facebook : Stopthe Violencecoalition 000 Keenan COMMUNICATIONS GROUP September 17, 2013 Mr. Gerald Chwalinski City Clerk City of Buffalo 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, The following documents are submitted on behalf of the Diocese of Buffalo for the September 24, 2013, Public Hearing regarding, 80AA Pridgen, etc. Moratorium on Demolition -St. Ann's Roman Catholic Church: 1. Structural Evaluation and Repair Alternatives for St. Ann Roman Catholic Church i. Appendix A2 — photos ii. Appendix A3 — exterior conditions iii. Appendix A4 -- constructions costs Bishop Richard J. Malone, bishop of Buffalo, has asked that I make brief remarks on behalf of the Diocese of Buffalo at the Sept. 24, 2013, public hearing. Also attending for the Diocese of Buffalo, and available to answer questions, will be: • Michael Sullivan, diocesan Director of Buildings & Properties • Sister Regina Murphy, diocesan Director of Research and Planning • Joseph Stoeckl, Kennedy, Stoeckl & Martin, P.C., diocesan legal counsel Sincerely, /*"- W *aO Kevin A. Keenan President REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. Cathedral Place 1 298 Main Street, Suite 300 1 Buffalo, NY 14202 oFFicc 796 -253 -6444 l CELL /TEXT 716 -481 -6806 1 Fax 716 -923 -4157 kevin @keenancommunicationsgroup.com I www .keenancc)mmunicationsgroup.com ( ( �V\� Structural Evaluation and Repair Alternatives for St. Ann R.C. Church Broadway at Emslie Buffalo, NY Perpared by 5iracuse Engineers February 28, 2013 \Z I. Background /Historv: St. Ann's was constructed over an eight year period, between 1878 and 1886. The design was prepared by architect Francis Himpel of New York City. The actual project was executed under the direction of Br. Charles Halfmann S.J., who apparently made some major alterations to the original design. Himpel had designed the church with two identical spires, each being approximately 210 feet tall. In order to reduce costs, the west spire was reduced to approximately 180 feet, and its base was reduced from 25' -0" by 25' -0N to 17' -113" by 16-8 ". Close examination of the west tower reveals a number of odd details, suggesting the changes were improvised during construction. The east spire consisted of an 80 foot wood octagon cone with slate shingle cladding, built atop a 130 foot square stone tower. The west spire consisted of a similar 65 foot octagon cone rising from a 115 foot rectangular stone tower. No original construction drawings were found of the church. These dimensions are estimates made from photographs. In 1964, after surviving 80 years of wind and lightning, it became necessary to remove both wooden octagon spires. As the following decades passed, major capital projects were scaled back and preventative maintenance was postponed, resulting in an increased rate of deterioration. Examples of such maintenance projects are gutter repair and stone repointing. II. Observations: Original Design The original design of the majority of the structure of the church appears to have been adequate. However, there are five questionable issues. A. The roof trusses over the nave and transepts: As shown in Figure 1, the nave roof rafters are supported by timber "trusses" at approximately 16-0" intervals, corresponding to the columns along the side aisles. Strictly speaking, this arrangement of the timbers does not actually constitute alruss. A properly configured truss is shown in Figure 2. The difference being that in a true truss, the members are only loaded with axial forces, resulting in no bending or shear forces within the members. The present wood framing is significantly undersized, especially for asymmetric wind forces. Such a structural configuration suggests the builder had very little engineering training. Since the roof has survived 130 years, something must be working correctly, but in spite of that, the necessary margins of safety are lacking. B. Numerous corbeled exterior stone buttresses: St. Ann's was built in the Neo- Gothic style popular for the period. This style includes much ornamental stone detail on the exterior, as well as elements suggestive of the churches from Medieval Europe. The most obvious example of these characteristics are the numerous corner buttresses located in the towers at the front of the church. These buttresses are referred to as "Angle Buttresses." Their original use was to increase the amount of wall on each side of a large, arched opening, primarily at the exterior corners of a transept wing with a large window opening. The use of corner buttresses, unlike wall buttresses, became a feature of the period whether or not they were needed structurally. The angle buttresses in St. Ann's towers are probably not necessary to resist the arching thrusts. Unfortunately, once the buttress element is included in the design, whether it is needed or not, it needs to be properly detailed and supported. There are four corner buttresses at St. Ann's which do not extend to the foundations because in doing so, they would obstruct the aisles. Three of these pass through the low roof and are supported by stone corbels constructed on the face of the tower wall in the attic space above the side aisles. One buttress, on the southwest corner of the east tower, is corbeled on the exterior of the tower above the valley created between the east tower and the sloping roof of the nave. See Photo A. The corbels supporting the buttresses in the attic space appear to be functioning at the moment, but the exterior corbel failed in 1998. The repair also flailed in 2012, possibly due to the numerous cracks permitting excessive amounts of water penetration. However, due to the generally poor quality of the buttress construction, all four of these situations present the possibility of future collapses. This construction detail also points to the fact that the original builder lacked a good understanding of the forces at work. C_ Slender brick arches in the four sides of the transept crossing: Figure 3 is a partial building section looking at the inside face of the west clerestory wall. The central crossing, where the nave, apse, and transepts meet is a typical feature of Neo-Gothic churches_ Not typical, however, are the brick arches (shown in Figure 3). These brick arches serve little structural purpose and may actually have contributed to the bowing of the stone column shown in Figure 3. It is possible these arches served some purpose due to the staged construction sequencing, but this author has never noted this type of construction in other churches. D, Insufficient support for the wooden spires: Although the wooden conical spires were removed in 1964, some of the original anchoring rods were left in place in the upper portion of the stone towers. As compared to anchoring rods of similar churches with smaller spires, these rods seem undersized and do not extend far enough into the tower. This might have been a contributing cause of the failure of the spires in 1984. E. Disregard for the direction of the natural grain of stone: Limestone is a sedimentary rock with weakened planes created as the rock was formed. When cutting and installing such rock, each piece should be oriented so as to compress these planes together. A large portion of the stone is incorrectly set. See Photo 0. All five of these conditions suggest an approach to the construction of the church lacking in both specialized knowledge and experience on a project of this scale. 2. Observed Deterioration A. Main Building, excluding the towers. The stonework for the vast majority of St. Ann's is in fairly good condition for a 130 year old building, despite the limited amount of maintenance in the past 40 years. The most serious problem is the condition of the high gutter. The gutter has numerous leaks resulting in water intrusion into the exterior masonry walls. Following will be a brief discussion of the present situation regarding the towers. The reader is referred to the appendix for the figures and photos referenced in this report. 2 10,� B. East Tower L Rotted wooden roof in the clock room. In the southwest corner of the clock room the wood construction dating to the demolition of the wooden spire in 1964 is in need of replacement. See Photo B. il. Surrounding the clock room at the top of the east tower, there is an external promenade with an iron railing. At each corner of the walkway,41 are four stone arches (see Photos C, D, and E) spanning between the corners of the clock room and four finials in each corner of the promenade. These finials have shifted outward, resulting in a large crack at the center of each arch. The amount of shifting is more than one inch. The stainless steel strapping is totally insufficient to restrain the finial should it become unstable. Also, because of the shifting of the finials, the original attachment of the railings has failed and the repaired connection also shows signs of distress. This is an ongoing problem that appears to be increasing in severity. iii. Extensive cracking in four of the eight comer buttresses. These buttresses received stainless steel straps in 1998 to prevent individual parts of stones from failing, but the cause of the condition was not addressed. All three sides of a damaged buttress exhibit stones which are cracked completely through the face stone. A typical crack pattern consists of a vertical crack located not far from the corner of the buttress in those stones which are continuous for the whole length of the buttress. See Figure 4 and Photo F. C. West Tower The present condition at the west tower is extremely poor, and at the very least, presents a hazard to the area surrounding the church. The problems are general and widespread. Following is a brief discussion of the major problems. i. Bonding of the exterior face stone on the tower walls. With regards to the solid blank walls without windows, the original construction did not use any header stones to lock the face stone into the infill, It is common with stone masonry to occasionally rotate a piece of rectangular facing stone 90- degrees so that it embeds 10 to 12 inches into the infill material. At St. Ann's, this appears to not be the case, at least with the towers. Approximately 200 square feet of the south face of the west tower has separated from the rubble infill. At some unknown time in the past, a very crude clamping contraption was applied to the face of the tower to prevent further movement. However, the underlying cause was never addressed. See Photos G, H, 1, and J. During the investigation for this report, it was intended to discover the condition of the infill behind this section of wall. However, it was deemed too dangerous to actually remove any face stone. Additional steel members were added horizontally to strengthen the wail temporarily. In doing so, it was necessary to drill through the wall in several locations_ At that time, the driller reported that the infill was not at all solid. The infill has disintegrated into a soft sand and stone powder consistency and was found to be very damp_ This is probably the result of excessive water infiltration_ ii. Cracked comer buttresses. As discussed in connection with the east tower, the corner buttresses are also badly cracked. The existence of an old, iron strap suggests the problems are quite old. See Photo L. Although smaller than the east tower, the west tower is in much worse condition. This is likely the result of poorer workmanship and poor design_ It should be recalled that this tower was improvised as a cost savings measure. Because of the widespread nature of the problems with the west tower, there is a real possibility large portions of the face stone and corner buttresses could fall onto the low roof of the side aisle. Such a large collapse would certainly shatter enough of the wood roof to result in stones failing into the church seating area. iii. Conditions at the belfry. The intermediate wood floors in the west tower have been repeatedly subjected to water from many sources. The wood is badly rotted in many areas, especially where the timber beams are embedded into the exterior walls. In order to safely access the top level for inspection, it was necessary to construct a pipe scaffold for the complete height of the tower. The condition of the top level was discovered to be very bad. The floor was saturated with water, as the drains were not functioning. The wood and louvers were very badly deteriorated and the masonry surrounding the louver openings was badly cracked and displaced. This coincides with the exterior condition of these corners, which indicates active movement of facing stone and completely ineffective mortar joints. See Photos M, N, O, P, Q, and R. All of the masonry above the belfry level should be considered unstable and most, if not all, mortar joints have become suspect. Ill, Causes: Based on physical observations, testing and limited destructive exploration, there are three major causes of the excessive deterioration of the towers. Problem No. 1 : Bulging of face stone on the west tower wall. Causes: o No header block (poor construction practice). • Poor infill consistency (lack of bond strength)_ • Excessive water infiltration. Discussion: The thickness of the tower walls at St. Ann's ranges from 30 to 42 inches and in some cases even thicker. The exterior face stones should have been smoothly dressed on at least five sides; the top, bottom, exposed face and sides. The back face, which is in contact with the infill, is usually left rough so as to better bond with the infill. Additionally, the face stones should be a minimum of 8 inches thick. At St. Ann's, the stones are often thinner, and aside from the exposed face and a few inches on the four adjacent sides, the edges of the undressed faces are very rough. To ease the cutting and shaping process, many stones were cut and installed with their grains running vertically instead of horizontally. f=urthermore, when the tap and bottom surfaces do not have sufficient horizontal planes in contact, the stones tend to push away from the infill. 0 � ; 10 2. Problem No, 2 : Cracked angle buttresses at the tower corners. Causes: o Severe discontinuity in thickness of the face stones, o Poor infill consistency due to recurring freeze /thaw damage. • Lack of proper foundations in four locations. • Possible lightning strikes. Discussion: Figure 4 indicates the numerous vertical cracks occurring on the sides of the projecting buttresses. The very irregular shape of the back surface of the stones and the variation in the stone thickness means that longer pieces will need thicker ends, which become exposed at the corners. See Figure 4. This discontinuity causes a stress concentration and eventually a crack. Cracks allow water infiltration resulting in freeze /thaw damage, deterioration of infill, bond failure of infill and dislocation of the face stones. Figure 5 presents a suggested detail for a buttress repair. Problem No. 3 : Extensive absorption of moisture. Causes: o Improper stone bedding. o Lack of joint maintenance. • Poor sill details and flashing. • Ineffective drainage. Discussion: On the window sills in the upper levels of the east tower there is a uniform deposit of at least 3 inches of sand. This is what remains of the mortar after the minerals have been washed out. The walls of the towers have been taking on water for decades. Aside from all of the obvious sources, it is likely the former wood spires were also to blame. The wind effects at the point of attachment of the conical spires creates uplift forces which, if not properly addressed, can lead to the opening of mortar joints, permitting the cycle of water damage. It is not known how much damage was done to the stone walls before the spires were eventually removed. Also, portions of the walls of the east tower are in effect capped by the promenade walkway, which is also an additional source for moisture to enter the wall_ 4. Problem No. 4 : High roof rain gutter deterioration. Causes: • Normal life expectancy can be estimated to be 50 years. • Need for periodic repair and reconstruction. Discussion: See Figure 6 for a detail of the original gutter. The detail shows a cornice stone set at the top of the bearing walls with the roof rafters resting on the cornice stone. The gutter was constructed of wood and clad in copper. 5 \A Presently, much of the copper is either missing or corroded. See Photo S. This condition has been a source of water intrusion into the exterior walls. An inspection of the attic during a rainstorm revealed water trickling down the interior face of the walls in several locations. Photo T shows the condition of the interior surface of the wall behind the gutter shown in Photo S. Problem No. 5 : The center cupola. Discussion The center cupola rises approximately 60 feet above the center ridge line of the nave. It consists of a 45 foot slate clad conical roof spire built on an 10 foot tall octagonal wood drum. The drum has 16 windows and the skin is ornate pressed tin or possibly galvanized steel. Aside from a few missing slates, some missing tin and bare wood, there is no outward evidence of a major structural issue. See Photo U. However, from a practical point of view, repairs of any kind to the cupola will be very expensive due to the limited access, and will always present future maintenance difficulties. Other churches in the area have removed their cupolas. The cupola was removed at St. Louis Church after several lightning strikes and a fire. 6. Problem No. 6 : interior plaster and window frames. Discussion: Although not a structural problem, other area churches have had issues with their interior plaster and window frames. Any future use for the building will need to account for the potential major expense resulting from these issues. See Photos W and X. The most likely areas of concern are the walls flanking the clerestory windows. The nails attaching the lath and plaster to the stone walls generally rust away over time due to excessive moisture in the walls. This has caused large sections of plaster to spontaneously fall to the floor in similar churches. Also, the protective coverings on the stained glass windows have been known to trap moisture, which leads to rotting of the wood frames. Cost estimates related to these two issues have been prepared and appear with other costs in the appendix. Realistically, these issues will need to be addressed in the not - too - distant future if the building is to be occupied. IV. Recommendations: 1. Rebuild 500 +/- linear feet of concealed rain gutter around the perimeter of the nave, transepts and apse. Re -point failed masonry joints on main church building and replace or repair broken face stones. Three schemes are presented to address the two towers. A. Scheme A 1. East Tower - See f=igures 7 and 8. 0 Permanently remove the top 18 feet of masonry above the clock room floor. \b''1 o Construct a new roof with low parapet and access hatch. o Reconstruct failed buttresses. o Re- point, repair and reinforce infill as necessary in the balance of the tower. 2. West Tower - See Figures 7 and 9. • Permanently remove top 34 feet down to the level of the belfry floor. Construct a new roof at this level with a small parapet and access hatch. • Remove and rebuild the tower walls for the next 48 feet, salvaging face stone and constructing new back -up material of reinforced masonry. • Re- point, repair and reinforce infill as necessary in the balance of the tower. B. Scheme B 1. East Tower - See Figures 10 and 11. o Permanently remove the top 48 feet of the tower to the belfry floor level. o Construct a new roof with small parapets and an access hatch. n Possibly relocate some of the bells to lower level. o Reconstruct the failed buttresses. o Re -point and repair the remaining wall. o Reinforce infill as necessary in the balance of the tower. 2. West Tower - See Figures 10 and 12. o Permanently remove the top 48 feet of the tower to the attic floor level. o Construct a new roof with small parapets and an access hatch. n Remove and rebuild the tower walls for the next 34 feet, salvaging face stone and constructing new back -up material of reinforced masonry. o Reconstruct failed buttresses. o Re- point, repair and reinforce infill as necessary in the balance of the tower. C. Scheme C 1. East Tower - See Figures 13 and 14. o Permanently remove the top 72 feet of tower to the attic floor level. o Construct a new roof with small parapets and an access hatch. • Reconstruct failed buttresses. • Re- point, repair and reinforce infill as necessary. 2. West Tower - See Figures 13 and 15. o Same as Scheme B. The towers are presently at the state where reconstruction of large areas is the only feasible structural solution. The basic structural elements of the west tower have been so compromised that it is impossible to 7 is The towers are presently at the state where reconstruction of large areas is the only feasible structural solution. The basic structural elements of the west tower have been so compromised that it is impossible to safely secure the face stone which has become detached from the structure. In fact, in certain parts of the west tower, the original structure has ceased to act as designed. Of the three schemes, Scheme B seems to strike a good balance between reasonable aesthetic effect with minimal reconstruction. V. Su._ mmar The majority of St. Ann's Church is in fair structural condition with the exception of the east and west front towers facing Broadway. However, the high gutters will need to be reconstructed very soon and the clerestory walls will need re-pointing of failed mortar joints. The east tower requires reconstruction of four failed buttresses and reconstruction of the promenade at the clock level. In addition, overall re- pointing, repairs and reinforcing of the infili in selected locations are also necessary. The corner piers at the clock level need to be replaced or removed. A portion of the wood roof above the clock mechanism needs to be reconstructed. Most of the top 80 feet of the west tower is beyond repair and needs to be removed. Materials from the upper levels could be salvaged and reused in a partial reconstruction. The present condition presents a hazard to the public, both inside and outside the church. The cupola between the two transepts needs refurbishing or complete removal before a dangerous condition occurs. The efficacy of the existing lightning protection should be studied. Construction cost estimates are included in the Appendices to this report. The tower work was estimated by pricing three schemes ranging from major reconstruction, (scheme A), to permanent demolition of major portions of the towers, (scheme C), In addition to the tower work, there are costs presented which are associated with essential work in the balance of the building. This work includes gutter and eave restoration, general masonry restoration, and cupola removal. Aside from these essential items, the costs associated with the interior plaster and stained glass windows are also presented. These items, although not directly related to the structure, must be eventually considered if the building is to be used in the future. This evaluation is based on limited intrusive exploration of the existing conditions. The purpose of this report was to identify the nature of the repair work, quantify the work, and assign a probable cost to each item. However, this report should not be viewed as a complete schematic design. Before any work is performed on the building, there will need to be a complete and systematic investigation and design performed by a professional team of architects and engineers. The cost estimates were based on reasonable assumptions of necessary methods, materials, labor and equipment. Specific individual procedures may be different once an in depth analysis is complete. ill Appendix A2 Photographs 0 a Photo A Corbeled angle buttress on SW corner of east tower. There appears to be no transfer of load to infill / backup. Photo B SW Corner of East Tower housing the clock mechanism. Exterior is built up with layers of wood planks. The planks are wet and rotted. Photo 8 \ e)3 Photo C Overview of East Tower Corner Piers. Photo D East Tower corner piers are tipping away from the tower, opening the stone arch. Photo E The strap is inadequate to restrain the corner pier. Photo D Photo C \nl� Photo F Side view of failed angle buttress showing continuous vertical crack. Photo G Front view of a failed buttress. Shown as many fractured stones, open mortar joints and stones that have shifted out of position. Photo G \ V� Photo H Photo H —The area of the wall behind the vertical steel clamps has separated from the infili and bulges 2" between the buttresses. Dampness and moisture can be seen on the face of the wall and buttresses. Photo I — Note vertical crack between face of wall and face of buttress and incorrect bedding of buttress stone. Photos J & K — highlight buttress cracking and incorrect stone bedding. Photo K 0\0 Photo L Photo Shows Steel Strap on the SW Corner of the West tower. There is no record of when this was installed. Photo M Corner Pier on the West Tower showing how the stones are pulling apart at the corner. Photo L Photo M V Photo 0 Photo N SW Corner of the North Belfry. Shows bulging face stones and shifting corner pier. Photo P Photo N Photo 0 SE corner of the West Tower showing shifting stones and grain in the limestone set in the wrong direction (incorrect bedding plane.) SW corner of the North Belfry showing separation of the corner pier from the wall. ky r: r5 t� ss ay. s@ltViFalap�. �)Y�ri f I. f a; Photo P 0% Photo Interior view SE corner of the West Tower Belfry. Shows typical stacked bond stones on side of louver as well as the washed out mortar joints between stones. Photo Q Photo R Shows heavy moisture laden stone walls. There are numerous shifted stones and open mortar joints. Photo R Photo S Typical concealed gutter construction that occurs at upper church wall to upper church roof interface. The gutter section has failed and needs to be replaced. Photo T Shows interior view of the condition depicted in Photo S above. Efflorescence of the masonry and resultant deterioration of stone joints has been caused by the failed concealed gutter construction. Photo T Photo S - Photo U Photo U Photo V View of the typical deteriorated clad wood framing at cupola wood framed openings. Cupola /Spire consists of timber framing, wood decking, slate shingles. Metal trim between sections of the slate roof are worn. Some slate is missing and / or out of position due to repeated wind loads. noticeable sway in cupola structure was observed at winds speeds of only 20 — 25 MPH. Photo V \ fie Photo W Shows the effects of water infiltration on worship space plaster and the ornate wall finishes which overlay same. Photo W Photo X Shows a stepped crack and efflorescence in the stone masonry of the NE church wall in the aisle -way attic space beneath the low roof near the interface with south wall of the East Tower. Tower walls should not have been tied into the church walls. Photo X I NORTH EXISTING CONDITIONS ROOF PLAN 5-1 EXISTING* CONDITIONS NORTH ELEVATION .,5 -'2 F L EXISTINCx CONDITIONS EAST ELEVATION S_3 Yfr=W A -A 5cal�_ 1/17 = I' -D' WEST ELE 5 -4 E XISTING CO NDITION S Diocese of Buffalo Unit St Ann's RC Church Extension Broadway at Emslie Street each Buffalo, NY $640,000 Budget Summary Sheet - including Scheme A Tower Scope Prepared by: Arbour Construction Management Inc. Item Number Facility / Description 1.) Church - Building Restoration Budget a.) Stained Glass Window Restorations - glass only b.) Cupola / Spire - Removal C.) Upper Roof Gutter and Downspout Removals and Replacements d.) Scheme A - East & West Tower Work h.) Upper Interior Church Stone Wall Restoration (inside face plus infill) I.) lower Interior Church Stone Wall Restoration (inside face plus infill) ).) East & West Church Elevation Exterior Wall Pointing / Stone Replacements k.) Interior Plaster and Paint restoration upon completion ofthe work I.) Subtotal Sum: Church Building Restoration Budget: M,) Architectural /Engineering Fees -15 %: n.) Construction Management Fees - 7% 0.) General Conditions /Supervision - 5% P.) Subtotal Sum: Church Building Restoration Budget: q.) Contingency -10% r.) Total Church Restoration Project Budget: Date: 2/28/2013 Quantity Unit Unit Price Extension 64 each $10,090 $640,000 1 each $144,466 $144,466 500 lineal feet $1,000 $500,000 1 LS $5,665,553 $5,665,553 16,000 squarefoot $30 $480,000 3,600 square foot $30 $108,000 1 LS $66,120 $56,120 4,578 Sq.Yd. $272 S1.2 43 $8,847,463 $1,327,120 $619,322 $ 442,373 $11,236,279 $ 1,123,629 $12,359,905 Diocese of Buffalo Unit St Ann's RC Church Extension Broadway at Emslie Street each Buffalo, NY $640,000 a�:dger Sur. -.Urr Sher: - irc]_c! ?n= scner, ?s 7.as�.r Scca^ Prepared by: Arbour Construction Management tnc. Item Number Facility / Description 1.) Church - Building Restoration Budget a -) Stained Glass Window Restorations -glass only b.) Cupola / Spire- Removal c.) Upper Roof Gutter and Downspout Removals and Replacements d.) Scheme B - East & West Tower Work h.) Upper Interior Church Stone Wall Restoration (inside face plus infiil) i.) Lower Interior Church Stone Watl Restoration (inside face plus infil)) L) East & West Church Elevation Exterior Wall Painting/ Stone Replacements k.) Interior Plaster and Paint restoration upon completion of the work L) Subtotal Sum: Church Building Restoration Budget: m.) Architectural/Engineering Fees - 15 %: n.) Construction Management Fees - 7% o,) Generai Conditions / Supervision -5% P.) Subtotal Sum: Church Building Restoration Budget: q•) Contingency -10% r•) Total Church Restoration Project Budget: Date: 2/2812913 Quantity Unit Unit Price Extension 64 each $10,000 $640,000 1 each $144,466 $144,466 500 lineal feet $1,000 $500,000 1 4S $3,713,920 $3,713,920 16,000 square foot $30 $480,000 3,600 square foot $30 $108,000 1 LS $66,120 $66,120 4,578 Sq.Yd. $272 $1,743,324 $6,895,830 $1,034,375 $482,708 $ 344,792 $8,757,705 $ 875,770 $9,633,475 Diocese of Buffalo Unit St Ann's RC Church Extension Broadway at Emslie Street each Buffalo, NY $640,000 Budget Summary Sheet - including Scheme C Tower Scope Prepared by: Arbour Construction Management Inc. Item Number Facility / Description 1.) Church - Building Restoration Budget a.) Stained Glass Window Restorations - glass only b.) Cupola /Spire - Removal C.) Upper Roof Gutter and Downspout Removals and Replacements d.) Scheme C- East & West Tower Work h.) Upper Interior Church Stone Wall Restoration )inside face plus infill) €.) Lower Interior Church Stone Wall Restoration {inside face plus infill) j.) East & West Church Elevation Exterior Wall Pointing / Stone Replacements k.) Interior Plaster and Paint restoration upon completion of the work I.) Subtotal Sum: Church Building Restoration Budget: M.) Architectural /Engineering Fees - 15 %: n.) Construction Management Fees - 7% o.) General Conditions / Supervision - 5% P.) Subtotal Sum: Church Building Restoration Budget: q) Contingency -10% r.) Total Church Restoration Project Budget: Date: 2/28/2013 Quantity Unit Unit Price Extension 54 each $10,000 $640,000 1 each $144,466 $144,4GG 500 lineal feet $1,000 $500,000 1 LS $2,680,642 $2,680,642 16,000 square foot $30 $480,000 3,600 squarefoot $30 $108,001) 1 LS $56,120 $66,120 4,576 Sq.Yd. $272 324 a243,324 $5,862,552 $879,383 $410,379 $ 293,128 $7,445,442 $ 744,54 $$189,986 4 �i \%� Report and Recommendation of the Legislation Committee Determination of Appeal from a Determination of the Buffalo Preservation Board Pursuant to Buffalo City Code §337 -26 (Refer to CCP June 11, 2013, Item 69) RE: Ellicott Development Company - 295 Main Street At its meeting of February 7, 2013 the Buffalo Preservation Board denied an application by Ellicott Development Company (the Applicant)to install awnings on a storefront at 295 Main Street (the Ellicott Square Building). The Preservation Board rejected an application 2011, suggesting modifications to the design of the awnings. The applicant reapplied, following some of the suggested modifications. The applicant has appealed the determination of the Preservation Board in a letter dated March 19, 2013 and filed with the Buffalo City Clerk on June 11, 2013 (CCP June 11, 2013, Item 69). The letter was referred to the Legislation Committee. The Legislation Committee has determined to accept the letter as an appeal. The Applicant proposed fixed shed -style fabric awnings that conform to the window and door openings of the storefront. The applicant also proposed that the main surface of the awning bear a large graphic advertising the store. The Preservation Board denied so much of the application as included advertising on the main body of the awning and further required that the awning be retractable, and not fixed. 295 Main Street is a City landmark, subject to the jurisdiction of the Preservation Board. The Board, in its review, follows the preservation Standards of the United States Secretary of the Interior. With respect to this application, the Committee has reviewed ITS Number 27 (Awnings), of October 2001, published by Technical Preservation Services of the National Center for Cultural Resources of the National Park Service, U.S. Department of the Interior. In the examples given, the Department of the Interior a fixed shed style awning, covered with a canvas fabric similar to historic fabric is shown as a suitable use on the particular building pictured. The bulletin states: "Although a functioning, retractable awning would have been the most appropriate solution, the fixed, shed awning was an acceptable compromise ". In example 2 it is stated that the use of separate awnings over openings is appropriate. The awning arrangement should "reflect traditional awning arrangement, shape and material". In the instant appeal, the Preservation Board also rejected graphics on the main body of the awning. The appellant provided evidence that the Preservation Board has approved graphics on the main face of a fixed awning on the Cobblestone Bar in the Cobblestone Preservation �M District as recently as 2012. Previously approved fixed awnings on store fronts on the instant building also bore graphics identifying the establishment. While the dates of such approvals have not been determined, and the extant awnings bear the names of closed establishments and are in poor condition, leading to the belief that the approvals were given many years ago, the Preservation Board has not provided a reason for a different result in this instance. While it is recognized that the Preservation Board has the duty to review proposed changes to architectural details, including the placement of awnings, on historic structures, those reviews are subject to the requirement that Architectural details, including materials, colors and textures, should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark, landmark site or historic district (Buffalo City Code §337 -20, subd.(8). In this instance no reference is found to demonstrate that the Board considered original original historic character, including whether graphics on the main face of an awning were in keeping with original historic character of the instant building. The Preservation Board was incorrect in ruling that a traditional retractable awning is the only solution to this application. While a traditional retractable awning would be the best solution, the fixed shed style awning is acceptable under Department of the Tnterior standards. CONCLUSION: The Determination of the Preservation Board is reversed. The Applicant is permitted to install a fixed shed style awning on the location shown in 2013 application to the Preservation Board. The awnings shall conform to the architectural bays openings of the building. The awning structures shall be affixed in mortar joints, and the masonry and terra cotta facings of the building shall not be drilled to affix the frames. They shall conform in color and style to previously approved awnings on the building. The awning may have graphics identifying the business on the main face of the awning of the awning and shall include the business street number. Darius G. Pridgen, Chair Legislation Committee Installation of New Awnings at 295 Main Street — Denial (Fill)(Pres Board) (Item No. 85, C.C.P., July 9, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation that the decision of the Preservation Board be reversed in part and modified in part in accordance with the written decision of the Legislation Committee, and that the applicant is permitted to install a fixed shed style awning on the location shown in the application to the Preservation Board. The awnings shall conform to the architectural bays of the building. The awning structures shall be affixed in mortar joints and the masonry and terra cotta facings of the building shall not be drilled to affix the frames. The awnings shall conform in color and style to previously approved awnings on the building. 1WER&I7 *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RiVERA RUSSELL S CANLON SMITH [-------- -- - - -] [MAJ- 5] *� [2/3 - 6] [3/4 - 7] J PETITIONS September 17, 2013 00040 J. Daly, Owner, Use 1553 Hertel for an Outdoor Patio with Music at the Rear of Restaurant in the Hertel Ave Special District(Del)(hrg 09/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �Ga GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics OFFICE OF THE CITY CLERK MARY H. BALDWIN Deputy City Clerk \ a3 65 NIAGARA SQUARE - ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE; (716) 851 -5431 FAX: (716) 851 -4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE To be held in the Council Chamber, 13 Floor, Cityflall On: am also informed that this is the only notice that the petitioner and or owner will receive, and that if am not the owner or petitioner, I will inform said dwner, petitioner or his /her agent of the above. wner Signed Print Name Phone # 2_o Date = ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING TIME a _'4 l� CONTACT THE COUNCILMEMBER IN YOUR DISTRICTn. IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON 1 0M 1 5 PUBLIC! HEARING REGARDING: City of Buffalo OUTDORCAFE Building Application 65 Niagara Square I�1� Btfffalo, NY'14202 (716)851 -4949 Fax(716)851 -5472 Report Date 09/04/2013 12:32 PM Submitted By Mike Castro Page 1 A1P # 199419 Date 1 Time By Date 1 Time By Processed 09/0412013 12:26 CASTM Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews BIII Group Actual Valuation 0.00 Square Footage 0.00 Name Dascription of Work Common Council approval required 511 -59F 0) wlfeeA'hearing for an outdoor patio wlmusic at rear of a 2 story restaurant/tavern w /apts in the Hertel Ave Special District. Parent A1P # Project # Project/Phase Name Phase # Size /Area Size Description Address 1553 HERTEL BUFFALO NY 14216- Location Contact ID AC1217203 Name DELBERT A DENBY Mailing Address 1553 HERTEL Organization City BUFFALO State /Province NY ,ZIPIPC 14216 -2805 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC19759 Name DENBY,DELBERT A Mailing Address 1553 HERTEL Organization City BUFFALO State /Province NY ZIP/PC 14216-2805 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 AC373047 Name O'DALAIGH REAL ESTATE LLC Mailing Address 1400 MAIN PLACE TOWER Organization city BUFFALO State /Province NY ZIPIPC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 09/0112013 To No Addresses are linked to this Application City of Buffalo OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY`14202 (716)851 -4949 Fax (716)851 -5472 Report Date 09104/2013 92:32 PM Submitted By Mike Castro Page 3 "h,M -n L-ci T -- 7�,T' 1�l sr-41 P- 1 1, RAj�,�:=E --g 2)F TAE H oc - L - A�,M LA NIL Pf .�Y"�, �1 ` �� cc� 7-01 C 1T7 nF 0. F=Ae_-..o, �PlE 0L)i -7, KAE: e l l��RK .,L%`z,V Ya X STATELI�I_i�15::_ L..m.r D (100.od \, /IDE� AVENILJE- ALTERING ANY ITEM ON TKE MAP IS IN VIOLATION OF THE LAW, EXCEPTING AS PROVIDED IN SECTION 3209 PART 2 OF THE NEW YORK STATE EDUCAT ON LAW I` Sokrr7 -4 Lti 1EE: 04- \A �`• CEO �- ° �b ff 12 32, r o -- o, -7 ! �171d� sr r� �1c-- .., I 2 E U Cluj f lJ[� 9 ' i I , II I L� L_1�7 •� ��-� •9 � i71V /lSIOI�I I � ~� r -� 4 Li 4 �uq Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) 0004' Appoint Laborer II (Temp)(Inter)(Orcutt)(PW) ccp# 40, 09103 Mrs. Russell moved That Communication 40 of September 03, 2013, be received and Filed and that the Temporary appointment of Pamela Orcutt, 71 Herkimer, Buffalo, NY 14213 to the position of Laborer II at the Intermediate Salary of $23,130.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service *AYE* NO * FONTANA * FRANCZYK GOLOMBEK LOCURTO * PRIDGEN RIVERA RUSSELL * SCANLON SMITH [-------- - - - - -] [MAJ- 5 ] [213 - 5] [314 - 7] OOO4 Appoint Supervisor of Street Sanitation (Temp)(Inter)(Driscoil)(M) ccp# 41, 09103 Mrs. Russell moved That Communication 41 of September 03, 2013, be received and piled and that the Temporary appointment of Timothy Driscoll, 203 Eden Street, Buffalo, NY 14220 to the position of Supervisor of Street Sanitation at the Intermediate Salary of $37,826.00 is hereby approved PASSED AYES-9 NOES-0 Recommended by the Committee on Civil Service M & "�Q I in rim I f d -. 6"� *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [------- - - - - -- [MAJ- 5] [213 -6] [314 - 7 ) 0004°) Appoint Associate Account Clerk(Prov)(Inter)(Gray)(PW) ccp# 42, 09103 Mrs. Russell moved That Communication 42 of September 03, 2013, be received and Filed and that the Provisional appointment of Kenyetta Gray, PO Box 153, Buffalo, NY 1420I to the position of Associate Account Clerk at the Intermediate Salary of $36,354.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 3 E [-------- - - - - -] [MAJ- 5] [213 - 6] [3I4 - 7] Rim FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - 6] [3I4 - 7] Rim 000 Notices of Appointments- Temp/Prov /Perm CCP #60, 09/03 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service I A I � F-11 0 IN 4 (Christopher R Scanlon, Chairman) 00051 C. Bannister -Perm to Discuss the New Registration Program for STAR CCP #61, 04/03 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED 0 Recommended by the Committee on Finance 000 -5 � a� Permission to Purchase Equipment Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the request from Karen A. Brant to purchase an obsolete computer from the Division of Management Information Systems, City ID 45230, serial number BFX- 9DF143 and Audit #055564, for $30.00. PASSED Recommended by the Committee on Finance Chairman b C: IUses5lrucinsldWppD am\ I. ocalVvlicrosoRlWindourslTemporuy Imemet FilelCanuntOutIook %OX32QVW51Pu"n ion to Pw hw Equipmentdace D, 61 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] [213 - 6] �* [314 - 7] 1' 00053 R. Fontana -T. Barrett- Request to Speak Re- Treatment of Injured Firefighters at ECMC(Great Lakes Physicians) CCP #41, 10 /16 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00054 RI 40 Response -Urge COB to Reevaluate Relationships With Banks /Lenders(Compt) CCP #16, 04102 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance il 0 COMMUNITY DEVELOPMENT (Joseph Golombek, Jr,, Chairman) 0005,") Change in Contract — Coca -Cola Field Sound System (Ell)(DPW) (Item No. 23, C.C.P., Sept. 3, 2013) Mr. Golombek moved: That the above item be, and the above communication. from the Commissioner of the Department of Public Works, Parks and Streets, dated August 28, 2013 be received and file; 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 $82,845.00 (Original Contract Amount $50,000.00 + Change Order #1 $82,845.00 for a Revised Contract Amount of $132,845.00) for the Coca Cola Field, Distributed Sound System and Renovations to Cannon Design, C #93001037. Funds for this work are available in Account #336324706 445100 —Buildings. PASSED Recommended by the Committee on Community Development > _ C:\ Use rs\ lmcinski\ AppData \Loca[\Microsoft\WindowslTetnporary Internet Files\ Content.Outlook\OX32QVW6\Change in Contract Coca -Cola Field doex *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SNflTH [--- - - - - -- -j [MA3- sj f 2/3 - 6 j [ 314 - 7 j 0005; Community Benefits Agmt -Canal Side Dev Project(except I" & 3 rd Res) ccp# 64, 03102 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Community Development s I LEGISLATION (Darius G. Pridgen, Chairman) 0005 E. Gelley, Owner, Use 488 Franklin to Convert a Business to a Restaurant in the Allen Street Special District (Fill) (DPIS) (Item No. 76, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspections dated September 3, 2013, be received and filed; and That pursuant to Section 511- 57C(3) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a restricted use license to E. Gellley, Owner of 488 Franklin (a/k/a 70 Allen) to convert a business in a two story strip mall to a restaurant in the Allen Street Special Zoning District. PASSED Recommended by the Committee on Legislation C:1 UsersVmcinskil AppDatal Loca llMicrosoft\WindotivsNTemporary Internet FifesS Content.Outlook\OX32QVW61Change in Use 488 Franklia.doex �\ *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN R VERA RUSSELL SCANLON * SM[TH [-------- - - - - -] [ MAJ - 5 ] [213 - 6) [314 -7] 0005 K. Kinan, Owner, to Use 478 Elmwood to Reestablish Use of a Sit -In Restaurant (Nia)(DPIS) (Item No. 77, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of K. Kinan, Owner of 478 Elmwood to reestablish the use of a sit -in restaurant and remodel the interior and fagade. Approved. Recommended by the Committee on Legislation fflo C.Sllocumenls and SetM9sutchne1V-nral SeltingslTempmary In1emM FiWOLKIM1 slahlkh restaurant 478 El—wd (4) do m *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [ ------------- ] [MA7- 5] q*o [213 - 6] [314 - 7] 0005 J. Kobylanski, Agent, Use 1488 Hertel for a Restaurant in the Hertel Avenue Business District (Del)(DPIS) (Item No. 78, CC.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated September 3, 2013, be returned to the Common Council without recommendation; and That pursuant to /eHertel F of the Code the City Buffalo, the Common Council hereb a rovecation J. K ski, Agent, t stablis sit- restaurant at 1488 He Aven e i Avenue ob ness District. Passed. Recommended by the Committee on Legislation Chairman C:4UsersMmu insidSAppDat.SLOMIIM1 -m Oft4Windows4Temporary intemet FJeiContentou tlmk%OX32QVW51Eslablish restaurant 1488 Eertcl.docs Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED a Q0o_:� Used Car Dealer — 2687 Bailey (Univ)(DPIS) (Item No. 45, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated August 19, 2013, be returned to the Common Council without recommendation; That t Commissioner of the Department onomic Development, Permit d Inspection v- es is hereb uth 'zed purse t to apter 254 o e City C to is e a Used C ealer 'cense t Aleksand Ale y d/bla &A terpr nc., located a 687 Bailey. Recommended by the Committee on Legislation �J C: losmUmcinsld4AppDaialacallMic msollkWindmvskTemponay ]memcl FUukConlent.OcOwk1OX72QV W65Used Car Dealer 2687 Dwlep.docx Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED 0006:1. Restricted Use Permit — 69 W. Chippewa (Item No. 49, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo dated September 3, 2013, be returned to the Common Council without recommendation; 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 September 19, 2013 is approved upon the following conditions: Passed. State - certified security guards will be checking all identification (State issued) Patrons under the age of 21 will have a black X on their hands and a colored wristband 9 -10 trained security guards will be inside the venue Recommended by the Committee on Legislation f' C: IUserMmcinslaLAppllato�L A�[ Vdicrmit %Windows%Tempo ... y[nlcme6 Filcs% Conle nt.Outtmk%OX32QVW61Resli�ed US Pcrmit 69 W Cluppmt 9 -19 -13 m•ent.dw% a *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN R VERA RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 5 ] [2/3 - 6 ] [3/4 - 71 000' Restricted Use Permit — 69 W. Chippewa (Item No. 50, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 3, 2013 be returned to the Common Council without recommendation; 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 October 10, 2013 is approved upon the following conditions: • State - certified security guards will be checking all identification (State issued) • Patrons under the age of 21 will have a black X on their hands and a colored wristband • 9 -10 trained security guards will be inside the venue Passed. Recommended by the Committee on Legislation Chairman mo \IJ C: IUSeret fl ucinsb4lpp�alaV- ocal4MicmwftlWindonslTCmporary Inlenu;l Filcs%CentenLOntlWk1OX32QV W61Restnctzd Usc Pemvlfiy W Chipprva 10 -1013 ewntdecx *AYE* NO FONTANA FRANCZYK * * GOLOMBEK LOCURTO * * PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MA7 - 5 ] [213 - b] * "� [314 - 7] 00Q6 Restricted Use Permit — 69 W. Chippewa (Item No. 51, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: Recommended by the Committee on Legislation C:1UseisUmcinskilApppal,W-a .]Nicrosa115WindativsM1Tempormy 1ntc= tFilcsACanientOutlook%OX32QVW6RL tricied Use Fermi169 W Chippewa 1n -31 -13 event.doox That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 3, 2013, be returned to the Common Council without recommendation; and *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [213 - 6] [314 - 71 00064 Restricted Use Permit — 69 W. Chippewa (Item No. 52, C.C.P., Sept. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from Office of the City Clerk of Buffalo, dated September 3, 2013, be returned to the Common Council without recommendation; and 9 -10 trained security guards will he inside the venue Recommended by the Committee on Legislation �z cl- ((� C:UiseMmeinWk AppUatzU4 iMcmwfl Windons�Tempo aq inlemel Files %Conlent.Oudook�OX32QVWGUZest icled Use Permi169 W Chippewa 11 -I4 -17 cwm.dmi Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED 000 Installation of New Awnings at 295 Main Street (Fill) (Item No. 85, C.C.P., July 9, 2013) Mr. Pridgen moved: That the above item be, and the above communication from July 9:. 20 dated be returned to the Common Council without recommendation; and Mr -, Pridgen moved That the above item be the same and hereby is Received and filed Adopted. f Recommended by the Committee on Community Development RECEIVED AND FILED C:1VseeslUncinsldlApp ➢ ataV.a .] MicrosoRSWindo.sSTempomrylntemet Vd csSConlent.OudwklOX 72QVW611nsta11ntion ofNe,, A,vnin9095 Min Sln:cW- jddocs 00W C. Paladino, Owner, to Use 960 Busti for an LED Wall Sign (Nia) (DPIS) (Item No. 40, C.C.P., June 25, 2013) Mr. Pridgen moved: That the above item be, and the above be returned to the Common Council with a recommendation for approval; and That pursuant to Section 387 -19 of the City of Buffalo Charter, the application of C. Paladin, Owner, to place an LED non - accessory wall sign (14' X 36') with accessory information ten minutes per hour in an M -I Zoning District along the Niagara River west of the New York State Thruway I -190 at 960 Busti is hereby approved. ,-N PASSED Recommended by the Committee on Legislation Chairman C:\ UsersU rucinski\ AppData SLoca]Uicroso$IWlndowslTemporary Internet Fiies\Content.Outlook10X32QV W61Wall Sign 466 Busti.doc r [ MAJ - 5 [213 - 6] [3I4 - 7] "AYt NU " FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ MAJ - 5 [213 - 6] [3I4 - 7] C� 00067 Food Store License (New) — 1175 Hertel a/k/a 1183 1 /2 Hertel (Del)(DPIS) (Item No. 29, C.C.P., May 14, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; and at the Co issioner o its and In ions SeEn ' by au orized pursuant to C apt e 194 o the ity C e to ' sue a F od re Lel ro q Kadir d/b /a Rai dad mm icatio & ccessori loc ed at 11 He /2 Hert . PaAsed. l Recommended by the Committee on Legislation Vk-1 P� Chairman C: 51lsersUsucinsl¢ L4ppDataLCocallMicrosufllWindnissSTempora [y InUmel FUeslCCWt LOndw1c1OX32QV W51Food Store License -1175 Hertel.dxx �S Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED Moll OOOGS Second Hand Dealer —1175 Hertel a/k/al 183 Hertel (Del)(DPIS) (Item No. 20, C.C.P.; May 28, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation, 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 Adel Farouq Kadir d/b /a Baghdad Communications & Accessories, located at 1175 Hertel a/k/a 1183 Hertel is hereby approved. Passed. Recommended by the Committee on Legislation C:�UwmV =in0d AppD=V,omlVAcrosoftlWindc,vs Ccmporery Fntemet FflesTontentOuLook5OX32QV WG1Second Hand Dealer -1175 Herel,docc a�- ri *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMHTH -------- - - - - -] [ MAJ - S ] [213 - 6] [3l4 -7] RESOLUTIONS September 17, 2013 000s") e� RESOLUTION BY: Council President Richard Fontana & Council Member Darius G. Pridgen DATE: September 12, 2013 SUBJECT: Telecommunications PEG Program Schedule WHEREAS, The Common Council of the City of Buffalo Office of Telecommunication was developed to provide the best possible service from telecommunication providers. With the rapidly changing environment it is imperative for the legislative body of the Common Council to be aware and informed of situations which effect the constituency of the City of Buffalo and for constituents to be informed of events affecting their city; and WHEREAS, During a Legislative Committee meeting on September 10, 2013 it was stated one of the challenges to effective public access viewing was a scheduling guide of programming which will allow the consumer to view public access programing at their convenience or the ability to use their DVR to record informative sessions; and WHEREAS, Currently, residents view programming on public access haphazardly due to the fact no schedule guide is provided for the viewing public. Public access is for the public and the same conveniences provided for mainstream viewers of TNT, CBS, BET, etc. should be provided for public access. Time Warner Cable representatives during the Legislative Committee meeting agreed to assist in providing a schedule guide for viewers of public access. NOW, THEREFORE BE IT RESOLVED, That the City of Buffalo Common Council request that the Office of Telecommunications work with representatives of Time Warner Cable to provide within 60 days of this resolution a programming guide utilizing the Time Warner Cable system so that residents may be able to take full advantage of the array of programs and information by Public Access, Education Access and Government Access; BE IT FURTHER RESOLVED, That once this request is finalized a report should be submitted to this honorable body for filing by the Director of Telecommunications to the City Clerk's Office; BE IT FINALLY RESOLVED, That a copy of this resolution be forwarded to the office of Telecommunication, Department of Public Works, Mayor's Office, and City Clerk. REFERRED TO `CHs � COMMITTE N FINANCE. Richard A. Fontana Lovejoy District Council Member & Council President r Darius G. Pridgen Ellicott District Council Member V 00071 RESOLUTION By: Mr. Franczyk Re: Request to Change Mailing Address of One HSBC Center to One Seneca Tower Date: September 17, 2013 Whereas: One HSBC Center, formerly known as the Marine Midland Center, is the tallest building in the City of Buffalo and the tallest privately owned office building outside of New York City in New York State; and Whereas: HSBC, formerly Marine Midland Bank, has been the main tenant since the building opened in 1972; and Whereas: On October 31, 2013, HSBC's lease in One HSBC Center expires and the building at 1 Seneca Street can no longer be referred to as One HSBC Center; and Whereas: Seneca One Realty, the owner of One HSBC Center, has requested that the Common Council approve the building being renamed One Seneca Tower, effective November 1, 2013; Now, Therefore Be It Resolved: That the City Clerk file a notice of intent and schedule a public hearing on the request by Seneca One Realty LLC to rename One HSBC Center as One Seneca Tower; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby approves the changing of One HSBC Center to One Seneca Tower, Buffalo, New York; and Be It Further Resolved: That copies of this resolution be sent to the City Clerk, the Department of Assessment and Taxation, the Department of Public Works, Parks and Streets, the Police Department, the Fire Department, the Office of the Erie County Clerk, the United States Postal Service and the Corporation Counsel. David A. Franczyk ADOPT 1st and 3rd RESOLVE REFER THE REMAINDER TO THE ON LEGISLATION COMMI 000'7 RESOLUTION By: Council Member David A. Franczyk Re: Waive Special Events Permit fee for Central Terminal Restoration Corporation "MINI - Fest" Whereas: On September 28, 2013, the Buffalo Central Terminal Restoration Corporation will sponsor the 2013 "MINI -Fest" at the Buffalo Central Terminal located at 495 Paderewski Drive in Buffalo, NY; and Whereas: This event was developed to promote community participation, highlight the unique Buffalo treasure and historic landmark, and bring public awareness to the ongoing restoration efforts of the east side landmark; and Whereas: The all- community event will act as host to many nonprofits and other organizations that will set up for the public viewing of their services along with Chalk Art, special tours and the exciting MINI Cooper raffle drawing. Now, Therefore Be It Resolved: That the Common Council hereby requests that the event permit fee be waived for the September 28, 2013 "MINI- Fest ", conditioned upon obtainingthe necessary insurance for the event, and any other City of Buffalo department request; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Department of Fire Prevention. c David A. Franczyk Fillmore District Council Member RE ON a "A") *AYE* NO * FONTANA * *_ FRANCZYK GOLOMBEK * *_ * * * LOCURTO * * * PRIDGEN RIVERA * * * RUSSELL * * *_ * * * SCANLON * * * SMITH * * * __ [MAJ- 51 [213 - 6� [314 - 71 a,q� 0007 Resolution Sponsor: Councilmember LoCurto RE: Waive Permit Fees for Parkside Oktoberfest 5K Whereas, For 50 years, the Parkside Community Association, a 501(c) (3) not -for- profit, has worked to preserve the historical Parkside Neighborhood and the flagship, Olmsted- designed Delaware Park that runs through it, to ensure the area endures as a wonderful place to live, work, and play; and Whereas, In honor of the Parkside Community Association's 50 Anniversary, the organization will host an Oktoberfest 5k in Delaware Park on Saturday, September, 28 at 5pm; and Whereas, A children's dash will also take place prior to the start of the race, and an Oktoberfest celebration and awards ceremony will follow at the Church of the Good Shepherd at 7pm; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with hosting the Parkside Oktoberfest 5k in Delaware Park on September 28 at 5pm; and Be it Further Resolved: That a copy of this resolution is sent to the Department of Parks and Recreation. MICHAEL J. oCURTO Delaware District Councilmember S 11 12 *AYE* NO * FONTANA FRANCZYK * * * GOLONMBEK LOCURTO PRIDGEN RrVERA RUSSELL SCANLON SMITH * -------- - - - - -] [ MAJ _ 5 ] [213 - 5] [314 - 71 a�� 00073 -- RESOLUTION BY: Council Member Darius G. Pridgen SUBJECT: Prohibit Parking in Front of Buffalo City Court WHEREAS: The Buffalo City Court building is the largest city court facility in New York State with open parking in front of its main entrance. Virtually all other city court facilities have restricted parking to create a security buffer around the perimeter of the building; and WHEREAS: The need for a safe secure zone around the perimeter of the building is highlighted by the following statistics: between 2010 and 2012, nearly 20,000 items of contraband were seized, including 271 firearms and 4,600 knives; and WHEREAS: On a daily basis there are approximately four to five mobile business vehicles parked in front of the Buffalo City Court building, with additional persons who stand on the sidewalk handing out palm cards, soliciting bail bonds business; and WHEREAS: In 2012 alone, there were nearly 80 aided, unusual occurrence and judicial threat reports filed involving the Buffalo City Court building. Currently, bail bonds' vehicle parking inhibits the ability of first responders to have rapid, safe and secure access into the courthouse. In addition, important dignitaries frequently visit the Court and parking for these dignitaries and security escorts in front of the building becomes a challenge; and WHEREAS: Crime victims, their friends and families, are in the same vicinity as defendants charged- with a violent crime, their friends and families. This in and of itself creates volatility, however, this situation is heightened by virtue of the fact that bail bondsmen are able to transact business right in front of the building. Further, judges who set bail are placed in an awkward situation of encountering individuals who may unhappily be scrambling to post bail on behalf of an incarcerated defendant. Such an environment is rife with the potential for significant violence; and WHEREAS: Council members have gone on record in opposition to bail bonds vehicles being parked in front of the Buffalo City Court building, as their presence creates a hazardous environment for judges, victims, and members of the public; and WHEREAS: The New York State Unified Court System Eighth Judicial District Administrative Office requested that the Common Council restrict parking in front of the Buffalo City Court building. NOW, THEREFORE BE IT RESOLVED: That the Common Council hereby directs the Commissioner of Public Works, Parks and Streets to prohibit parking in front of the Buffalo City Court building except for official law enforcement vehicles doing business with the court; and BE IT FINALLY RESOLVED: el) That certified copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Department of Public Works, Parks and Streets, 8 Judicial District Administrative Judge Paula L. Feroleto, and the City of Buffalo Department of Parking. PASSED" Darius G. Pridgen Ellicott District Council Member I Ja 0%wFWM *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SNUTH [MAJ- 5] [2/3 - 61 / [314 - 7] Resolution By: Mr. Smith Re: Trailblazing Sign Request for Bishop James Bowman 0. 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: Bishop James H. Bowman 5r., a native of Buffalo, New York was licensed in 1979 and ordained in 1982 to minister the word of god; and Whereas: Bishop Bowman attended Buffalo State College, the CH Mason Bible College and later attended Houghton Bible College where he received his Bachelor of Arts degree in Theology; and Whereas: In 1983, Bishop Bowman was appointed the pastor of Antioch FBH Church. As Pastor of Antioch, he has overseen Antioch's growth from 16 members to presently 500 members; and Whereas: Bishop Bowman continues to grace the presence of many influential leaders by facilitating conferences and workshops, and by establishing various programs in his surrounding community. Whereas: Bishop Bowman developed the Computer Assistance Program (C.A.P), a program targeting socially and economically disadvantaged individuals. He also established a youth educational after- school program and the Antioch Christian School of Ministry. 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 Emerson Place and Michigan Avenue" and proclaiming the area of Emerson Place between Michigan and Masten Avenue "Bishop James Bowman Way ". Be It Further Resolved: That the Department of Public Works is directed to erect a sign to this effect, once all fees assockAt with the posting of the Trailblazing Sign have been satisfied. Demone Smit11, Majority Leader Buffalo Common Council, Masten District. IP6 )-q it 0 [314 - 7] *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON S?MTH [- ------- - - - - -] [MAJ- 53 [213 - 6] [314 - 7] 00075 RESOLUTION BY: Council Member Darius G. Pridgen SUBJECT: Traffic Concerns During Events DATE: September 17, 2013 WHEREAS: Throughout the year, numerous events occur in the City of Buffalo that close all or part of Lakefront Boulevard, with residents receiving notification via lawn signs placed in the city right of way approximately a week before a street closing; and WHEREAS: The closing of all or part of Lakefront Boulevard obstructs the only entrance and exit to some streets, causing these streets to be inaccessible throughout the duration of the events which on some occasions is for more than four hours; and WHEREAS:. With the relatively short summer season residents often plan activities, celebrations and other events to be held at their residence and currently receive very short notice and limited input in the decision making process or planning of street closings; and WHEREAS: The inaccessibility of these streets is a great inconvenience to residents. The obstructed streets prevent emergency vehicles from getting to homes if necessary and further prevents residents from leaving or entering their own houses; and WHEREAS: A detailed traffic plan for events that would close all or part of Lakefront Boulevard would provide an alternate route for vehicles to enter and/or exit the obstructed streets during these events. NOW, THEREFORE BE IT RESOLVED: That the Common Council directs the Department of Public Works, Parks and Streets, in conjunction with the Special Events Committee, to develop a detailed traffic plan for events that would close all or part of Lakefront Boulevard; and BE IT FURTHER RESOLVED: That the Common Council respectively requests the City of Buffalo Special Events Committee to temporarily delay the approval of any events in the year 2014 that would close all or part of Lakefront Boulevard until such a plan has been developed; and BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Department of Public Works, Parks and Streets, the Special Events Committee, the Traffic Engineer and B- District Police Chief Brian K. Patterson. .Ut,rae & Darius G. Pridge OPTED Ellicott District Council Member o✓ 0007 Resolution By: Councilmember Rivera Re: Waiver of Fees for "Crossing to Freedom Together, Honoring Our Ancestors" at Broderick Park Whereas, Buffalo Quarters Historical Society is an organization charged with increasing awareness of the significant role of Buffalo in the Underground Railroad movement; and Whereas, Broderick Park, located at the foot of Ferry Street, served as the final point on the Underground Railroad for many before crossing the Niagara River to Canada; and Whereas, on September 13 & 14, Buffalo Quarters Historical Society will be hosting events to re- commemorate Broderick Park, where a new amphitheater and walkway has been constructed; and Whereas, the events will feature performances, readings, and a blessing of the new grounds at Broderick Park. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the fees associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the Mayor's Special Events Office, E 11 ) Councilmember David Rivera EM *AYE* NO'S FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * '� SMITH [-------- - - - - -� [MAJ- 51 *� [ 2/3 - 6 [ 3/4 - 71 0007 RESOULTION By: Councilmember David A. Rivera Date: 17 September 2013 Re: Waiver of Fees for People United for Sustainable Housing's Annual Membership Meeting. Whereas: People United for Sustainable Housing (hereafter referred to as "PUSH ") is a non - profit committed to engaging residents of Buffalo in promoting social justice by working with municipalities and corporations on greater community investment; and W Whereas: PUSH strives for this goal through public education and organizing of residents to ensure all communities are receiving proper service and investment; and Whereas: PUSH will hold their "annual membership meeting" where members of the community will gather at Massachusetts Avenue Park to celebrate the goals accomplished this year and prepare for the following year; and Whereas: The purpose of this event is to encourage the community to work together to make the community a better place to live, work and play; and Whereas: PUSH will host the event on Saturday, September 21, 2013 from 3pm -7pm. Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives all city special event fees including park permit fees associated with the People United for Sustainable Housing's Annual Membership Meeting at Massachusetts Avenue Park on Saturday, September 21, 2013 from 3pm -7pm; and Be It Further Resolved That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Office of Special Events. David A. Rivera Niagara District Councilmember a �Lz *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RfVERA RUSSELL SCANLON SMITH [ 2/3 - 6 ] * t [3/4 - 7] 000'7P BY: MR. SCANLON Capital Budget Amendment That pursuant to Section §20 -28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 201.4 be and the same is hereby amended by adding the following item under the heading: Capital Projects - Public Works — Historical Society Electrical Renovations $ 530,000 Ofttm m *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - S ] [ 213 - 6 ] [314 - 7] 0 0 0 7,19 ?-� RESOLUTION Sponsors: Christopher P. Scanlon and Darius G. Pridgen Date: September 6, 2013 Subject: Waive Event Fees for Robby Takae's Music is Art Festival and Chefs Restaurant's 90'" Anniversary Celebration, "The World's Largest Pasta Dinner" 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, Robby Takac's Music is Art Preview Night will take place on Tuesday, September 10, 2013 at 5:30pm at Chef's Restaurant. The event is dedicated to exploring and reshaping music's cultural, social, and educational impact on our community; and WHEREAS, Chef's Restaurant's 90 Anniversary Celebration, "The World's Largest Pasta Dinner ", will take place on Wednesday, September 11"' at 6:00pm. Proceeds of this event will benefit the Wounded Warrior Project which raises awareness and enlists the public's aid for the needs of injured service members as well as provides unique, direct programs and services to meet the needs of injured service members; and WHEREAS, Both of these events are not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special. Events, Department of Permits & Inspections. and the Department of Public Works waive all fees applicable the Robby Takac's Music is AA Festival and Chef's Restaurant's 90 Anniversary Celebration, "The World's Largest Pasta Dinner "; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. g h - rlstopl P. Scant South District Council Member z �. �� Darius G. Pridgen Ellicott District Council Member *AYE* NO FONTANA * *- * * FRANCZYK GOLOMBEK * *_ * * * LOCURTO * * * PRIDGEN RIVERA * * * RUSSELL * * SCANLON * * SMITH * ' * * * [MAJ- [213 - 6] [314 - 71 o0Q�o BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Scott Harvey Total: 1 Adopted 9117113 liii "'A0 ��08., 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 Tuesday, Sept. 24, 2013 at 9:45 o'clock A.M. Tuesday, Sept. 24, 2013 at 10:00 o'clock A.M. Tuesday, Sept. 24, 2013 at 1.00 o'clock P.M. Tuesday, Sept. 24, 2013 at 2:00 o'clock P.M. (Public Disclaimer All meetings are re subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time ivy notification, it will be provided In addition, there may be meetings set up whereby the City Clerk's Office is not made aware-, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. Adjournment On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at • 3�� GERALD A. CHWALINSKI CITY CLERK September 17, 2013