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HomeMy WebLinkAbout13-1015CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO OCTOBER 15, 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 October 1, 2013 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [MAJ- 5] [ 2/3 - 61 [3/4- 7] *AYP'� NO * * * * * * * * * * * * 7 * * * * * * * * * * * * * * * October 15, 2013 a FROM THE MAYOR October 15, 2013 J FROM THE MAYOR - EXECUTIVE DEPARTMENT October 15, 2013 A FROM THE OFFICE OF CITIZEN SERVICES 0000.1 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 1, 2013 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Re art for September 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 September 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. ff }` Department Head Name: Title: Signature of Department H a City of Buffalo Citizen Services 218 City Hall Calls Between 91112013 and 913012093 218 City Hall Calls Between 91912013 and 913012093 October 15, 2013 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law and its implementing regulations 6 NYCRR Part 617. Lead Agency City of Buffalo Planning Board 901 City Hall Buffalo, New York 14202 In accordance with the provisions of SEQRA, as Lead Agency, has reviewed the following action as it relates to the environment: Action Title 250 Delaware Avenue Buffalo, New York. Type of Action Type I Project DescriRtiom Uniland Development Company proposes to build a mixed use development that will include Class A .offices, hospitality, retail, structured parking, and one level of underground parking 250 Delaware Avenue. The project is bounded by Delaware Avenue, Chippewa Street and Elmwood Avenue and will be the newest addition to the City of Buffalo's Central Business District. Two Hundred Fifty Delaware Avenue is currently a two -story commercial building at the northwest corner of Delaware and Chippewa. Constructed 100 years ago, the masonry, steel and wood structure was built to suit a low rise pedestrian scale. The building addresses this pedestrian scale with its ornate terracotta fagade, projecting bay window storefronts, recessed entrances and articulated windows above. The fagade has a unique curving form that rounds the corner from Delaware to M Chippewa. The main entrance to the office building is proposed at the center of the curved facade right at the street corner. The terracotta facade is an essential element of the design of this mixed use project. In order to facilitate construction of below grade parking to the Delaware and Chippewa property lines and the mixed use facility behind and above the facade it is intended to remove the terracotta facade. The facade will be recreated by a local manufacturer using existing moulds in their possession which replicate the profiles, terracotta block sizes and detail of the existing facade. Surrounding buildings of various architectural styles range in height from two to sixteen stories. This highly visible location sits at the crossroads of a growing entertainment corridor along Chippewa Street and Delaware. Avenue. This new mixed use building will be twelve (12) stories high and approximately 350,000 square feet, and occupy 1.03 acres. The office section of the building occupies floors 6 through 12. The hotel portion of the building is planned for floors 2 though five. The ground floor will have entry Iobbies for both the office and hotel uses, as well as other commercial and retail occupancies. The exterior of the building above the second floor is predominately glass curtain wall, while the lower two floors consist of the rebuilt terracotta facade with storefronts replaced with new glass windows and entrances similar to the original configuration. Office occupants and visitors access to the facility will be primarily from the corder of Delaware and Chippewa. Other entry points are planned around the perimeter of the building as indicated on the submission plans. The significance of the curved facade and the visual importance of the street corner are recognized in a vertical set -back or recess of floors 2 through 5. Vertical expression is further enhanced through the use of curtain wall framing and fritted glass. Taking inspiration from the existing heritage elements, the new building facades 1� -2- 1� above the second floor will utilize modern terracotta cladding to create a visual bridge between the historic buildings on Elmwood and the contemporary urban fabric on Delaware. This corner will become a beacon for the district, both night and day. The project is targeting USGBC LEED certification for building core and shell. By infilling the block and increasing the built form and density the design supports urban intensification. Alternative parking and bicycle storage will be provided along with amenity space where tenants and building users can refresh themselves after the commute. The original terracotta fayade will be replaced with new terracotta to match the existing historic design. This historic facade will then become the face of the new energy efficient, state -of -the -art mixed -use building. Solar shading devices will be applied to the building's exterior to minimize heat gain and glare, and the relatively clear low U -value glass will be used to minimize heat loss while still enabling appealing views for the occupants. Light coloured material wiII be used on the fagade and roofs to help reflect the sun and decrease heat island effect. Materials will include recycled material content. High efficiency HVAC systems, electrical and plumbing devices will be used to conserve energy and reduce waste. Wherever possible, materials within a 500 mile radius will be used to minimize transport pollution. The project complies with the current requirements for: lot coverage, yards, height, landscape, parking and the other aspects of the ordinance with the exception that a variance is required for upper level setback of the project. Reasons-Supporting the Determination -3- The Lead Agency has reviewed and considered submissions and comments concerning the proposed Condominium project, including, but not limited to, the following: • Full Environmental Assessment Form (The Board notes that the initial Full EAF supplied by the Project Sponsor correctly identified the action as Type I but failed to note the adjacency of the Project to the West Village Historic Preservation District. Both the Board and the Project Sponsor were aware of the adjacency to the Historic District and the inadvertent oversight was immediately corrected.) • Site Plan • Various renderings • Hatch Mott MacDonald Traffic Impact Study • Amended Site Plan • Transcript of proceeding of Meeting of City of Buffalo Preservation Board of September 19, 2013 + Public Hearing of September 10, 2013 • Tredo Engineers Conditions Assessment dated September 2013 • Desmond Associates Comprehensive Parking Assessment Downtown Buffalo New York dated December 2008 Based upon its review and consideration of the EAF and other materials ,and information listed above, and the envirownental criteria contained in the SEQRA regulations at 6 NYCRR 617.6(c), the Planning Board has identified the following areas of small to moderate potential environmental impact as a result of this project: traffic, and potential impact on historic buildings and resources. A. Traffic The Hatch Mott MacDonald Traffic Impact Study indicates that the intersections within the study are operating mostly at acceptable levels and that additional traffic resulting from the proposed redevelopment will not have a noticeable effect on traffic operations. In response to concerns about heavy periods of pedestrian activity (particularly high school students from Hutch Tech High School) around ingress /egress points of the project the -4- 1' 13 Project Sponsor has made modifications to the project including increasing separation between such points on Chippewa St. and implementing controls on the timing of deliveries to the location. B. Historic and Archaeological Resources The proposed project is not within a historic district, but it is adjacent to the West Village Historic Preservation District. In addition, while 250 Delaware is not a historic landmark, it is a notable building in the City of Buffalo. Upon review, the Board determines that the Project design will not have a significant negative impact on historic resources or the adjacent historic district. With regard to the existing structure at 250 Delaware Avenue the Board notes that fundamentally the new project retains the distinct curvature of the existing building and recreates the distinctive terra cotta elements and lower metal elements in the existing structure. The Board further notes that reviews conducted by experts in terra cotta fabrication and professional engineers have concluded that as a result of any new construction on the site a minimum of 50% of the existing terra cotta would need to be replaced in any event. In order to retain the appropriate level of appearance complete replacement of the terra cotta elements is acceptable in this circumstance. In addition, the Project Sponsor has made modifications to the Delaware Ave. facade in response to concerns raised by both this Board and the City of Buffalo Preservation Board in order to mitigate the negative impacts on portions of the upper portion of the existing structure. -5- The new building design contributes well to the Delaware Avenue reputation of `landmark row' and continues the prominent street facade design of those up and down the avenue. The new building design reflects the original historic fagade by following the same curved `L' shape on the Delaware & Chippewa Street sides. It elegantly emerges as a new Delaware Avenue landmark tower, while still maintaining and respecting the rhythm and pedestrian scale of the street. The new three - tiered building design respects (reuses) the scale of the historic 2 -story storefront fagade, by separating it from the sleek modern 12 -story glass tower above, with a new 4 -story open terracotta screen framing a deep recess for the hotel room floors beyond. This modern screen device, made of traditional terracotta, is utilized to bridge the gap between historic century-old materials at the sidewalk level, and new materials above. This screen continues around to Chippewa Street, and South Elmwood facing the parking structure to similarly screen the uses behind. The Board notes that the Project Sponsor has worked with the City of Buffalo Preservation Board to mitigate potential negative impacts of the project and that the Preservation Board has approved demolition of the existing structure at 250 Delaware in conjunction with this Application. With regard to potential impacts on the West Village Historic Preservation District the Board is aware of concerns with the parking garage and its potential visual impact and the impact on pedestrian activity along Elmwood Ave. The Board finds that the massing and height of the parking ramp (which is equivalent to a three and one -half story building) and the materials used (which also include the same terra cotta as used an the Delaware Ave. facade) are appropriate for the location. In addition, modifications made by the Project Sponsor including: the inclusion of For further information concerning this Negative Declaration, contact Martin Grunzweig, Land Use Controls Coordinator, Room 901, Buffalo City Hall, (716) 851 -5085. \13026.00071413937.doc RECEIVED AND FILED -8- A () 0 ()'t RESOLUTION OF PLANNING BOARD WHEREAS, Uniland Development Company has applied for Site Plan approval of a proposed mixed use development located at 250 Delaware Avenue; and WHEREAS, pursuant to the State Environmental Quality Review Act ( "SEQRA "), the Applicant has submitted a Full Environmental Assessment Fom with the application; and WHEREAS, it is the responsibility of the Board, pursuant to SEQRA, to fill out Parts II and III of the said Form (if required), to make a determination of environment significance, and to issue a positive or negative declaration; and WHEREAS, this Board has carefully considered whether approval of the application would have any adverse environmental effects and whether any such effects might be significant; NOW, THEREFORE, it is Resolved: This Board hereby adopts Part 2 of the Full Environmental Assessment Form as attached to this Resolution; and 2. This Board hereby determines that approval of the application for a site plan approval will not have a significant adverse environmental impact; and 3. This Board hereby adopts the Negative Declaration, Determination of Non- Significance attached to this Resolution and directs that it be filed with the City Clerk and maintained in files readily assessable to the public and that it be published in the Environmental Notice Bulletin maintained by the New York State Department of Environmental Conservation. Dated: October 8, 2013 RECEIVED AND FILED L� 00001 AP15N�6JS S 16 IOLAA) �-�:0 )�6(AWAf�L RESOLUTION OF PLANNING BOARD WHEREAS, Pursuant to Chapter 511 of the City of Buffalo Code, Uniland Development Company has applied to the City of Buffalo Planning Board for Site Plan approval of a proposed missed use development located at 250 Delaware Avenue; and WHEREAS, as part of the application process, responses or comments are requested from various departments such as Police, Fire, Public Works, and Permit and Inspection Services; and WHEREAS, pursuant to General Municipal Law §239 -m, comments have been requested and received from the Erie County Department of Environment and Planning; and WHEREAS, for purposes of environmental review, the Planning Board has acted as lead agency and has issued a negative declaration, determining that there is no significant adverse impact on the environment; and WHEREAS, the Planning Board held a public hearing on this application on September 10, 2013; and WHEREAS, the Planning Board finds that the Site Plan as amended complies with all City requirements with the exception that a variance is required for upper level setback; and WHEREAS, the Planning Board finds that the proposed development will be a significant enhancement to this community. NOW, THEREFORE BE IT RESOLVED: That the Site Plan as amended is hereby conditionally approved pending approval by the Zoning Board of Appeals of the required set back variance. Dated: October 8, 2013 RE CEIVED AND HLED C FROM THE OFFICE OF STRATEGIC PLANNING ®0 0 9 #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 9, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Refund Deposit 89 Jewett Avenue Stephanie Randall (Masten District) PRIOR COUNCIL REFERENCE: Item # 53, C.C.P. January 11, 2011 In the above referenced item Your Honorable Body approved the sale of 89 Jewett Avenue to Stephanie L. Randall, 91 Jewett Avenue, Buffalo, New York 14214 to purchase the property in the amount of $1,700 for additional yard space. The purchase contract for 89 Jewett Avenue was signed in December 2010 with the understanding that the structure on said premise would be demolished prior to closing. The demolition was completed in late December 2010. In February 2011 the Division of Real Estate contacted Ms. Randall to close on the sale of 89 Jewett Avenue, In October 2012 the Division of Real Estate sent Ms. Randall a final notice to contact this office to close or forfeit her deposit. In November of 2012 Ms. Randall contacted this office advising she spoke to the Demolition Office and was waiting for the Contractor to come back out, level the lot, remove the hard fill and take out the remaining portion of the driveway. The Division of Real Estate contacted the Department of Permit & Inspections and they confirmed that part of the foundation of 89 Jewett Avenue had to remain for foundation purposes to the other adjoining property, that the lot was leveled, that the stones that remain on the property are a result of the settling and that they have closed their file since there was no cause for further action. On November 13, 2012 Ms. Randall was informed of the Department of Permits & Inspections findings and she has since requested that her contract be cancelled and her deposit of $170 be refunded. She would like her deposit back because she claims that she was told that "soil" would be used and that she was not aware that part of the foundation of 89 Jewett Avenue would have to remain for foundation purposes to the other adjoining structure. Ms. Randall has stated that she cannot afford to purchase the property, pay for soil, have it leveled, seeded and fenced in. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 89 Jewett Avenue to Stephanie Randall, return her 10% deposit of $170.00 and return the property to our inventory for future sale. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CHRISTIE R. NELSON DIRECT05�-9,F REAL ESTATE OFFICE OF ING CRN:pIg 89 Jewett Rescind Sale Rescind Sale and Refund Deposit 89 Jewett Avenue (Masten)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, Division of Real Estate, dated October 9, 2013, be received and filed; and That the Office of Strategic Planning, Division of Real Estate, be, and hereby is authorized to rescind the sale of 89 Jewett Avenue to Stephanie L. Randall of 91 Jewett Avenue, Buffalo, New York 14214, return the purchase price of One Thousand Seven Hundred Dollars ($1,700.00), and return the property to inventor for future sale. C:ti➢ocw is and ScilingslclehA0Lacnl Scningffempomry lnlefnei FilesIOLKiDlreseind sale -89 JesretLdsw *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -I [ MAJ - 51 213 - 6 * 9 D [ I [ 314 - 71 0000 # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 7, 2013 FROM: DEPARTMENT: Office of Strategic Plannin DIVISION: General Office SUBJECT: [:Trinity Towers II Housing Development Fund Corp. /Trinity Towers Apartments II, LLC PILOT PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.10, C.C.P. July 23, 2013) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body approved the attached PILOT Agreement between the City of Buffalo, County of Erie, Trinity Towers II Housing Development Fund Corp. and Trinity Towers Apartments, II, LLC, or an entity formed or to be formed on behalf of the foregoing on July 23, 2013. Pursuant to Section 150 the New York State Public Housing Law, prior to the Buffalo Municipal Housing Authority (the "Authority ") granting final approval of the Project, the City of Buffalo Planning Board and, then, the Common Council of the City of Buffalo must approve the Project. At the time these materials describing the Project and requesting PILOT benefits were originally submitted to this Common Council, the Planning Board had not taken action. The Planning Board has since approved the Project and now the Common Council can act in accordance with the Statute. As such, the Authority is resubmitting these materials and is respectfully requesting that the Common Council reapprove the PILOT so that the Common Council approval occurs subsequent to the City of Buffalo Planning Board approval. Therefore, Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers II Housing Development Fund. Corp. and Trinity Towers Apartments II, LLC, or an entity formed or to be formed on behalf of the foregoing. This Project is being developed by Trinity Towers Apartments II, LLC, or an entity formed or to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue. The project will consist of a total of eighty three (83) apartments, with twenty one (21) studio units, fifty nine (59) one bedroom units and three (3) two bedroom units. All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. There will also be an elevator and laundry facilities on site. The Project will rehabilitate this building and maintain the eighty three (83) units as much needed affordable housing for low income households. It will help meet the 1 ,�\ (, r � �y priority need for housing for elderly residents with incomes below 60% of the area median income The property is currently owned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenues for the City of Buffalo. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 --year Pilot. TYPE DEPARTMENT HEAD NAME: Brendan Mehaf£y, TYPE TITLE: Executive Director, Office of Strategic Planning SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE CopAMITTEE ON C" U ITY DEVELOPMENT CITY CLERK'S OFFICE CITY HALL BUFFALO August 13, 2013 To Whom It May Concern: I hereby Certify, That at a Session of the Common Council of the City of Buffalo, held in the City Hall, on the 23rd day of July, 2013 The following Resolution was Passed which the following is a true copy. NO. 10 TRINITY TOWERS II HOUSING DEVELOPMENT FUND CORP/TRINITY TOWERS APARTMENTS 11, LLC PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers If Housing Development Fund Corp and Trinity Towers Apartments II, LLC, or an entily formed or to be formed on behalf of the foregoing. This Project is being developed by Trinity Towers Apartments 11, LLC, or an entity formed or to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue The project will consist of a total of eighty three (83) apartments, with twenty one (21) studio units, fifty nine (59) one bedroom units and three (3) two bedroom units. All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. There will also be an elevator and laundry facilities on site. The Project will rehabilitate this building and maintain the eighty three (83) units as much needed affordable housing for low income households. It will help meet the priority need for housing for elderly residents with incomes below 60% of the area median income The property is currently awned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenues for the City of Buffalo - The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Mr Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 15, 2013, be received mad filed, and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers 11 Housing Development Fund Corp. and Trinity Towers Apartments 11, LLC, of an entity formed or to be formed on behalf of the foregoing. The project being developed by the Trinity Towers Apartments 11, LLC, or an entity to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue. The project will consist of a. total of eighty -three (38) apartments, with twenty -one (21) studio units, fifty -nine (59) one - bedroom units and three (3) two- bedroom units All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. The project will rehabilitate this building and maintain the eighty -three (83) units. This property Is currently owned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenue for the City of Buffalo. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income, assuming a 5% vacancy. Payments will increase by 3% per year for the duration for the 15 year PILOT. PASSED AYES 8, NOES o ATTES 4 CiTX c ERK The above item was signed by the Mayor on 7/26/13 and returned to the City Cleric on 7130113 rE�h Cr' AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2013 (the "PILOT Agreement "), by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at 65 Niagara Square, 920 City Hall, Buffalo, New York 14202 (the "City "), the COUNTY OF ERIE a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County "), TRINITY TOWER lI HOUSING DEVELOPMENT FUND CORP. a New York not - for - profit corporation organized pursuant to Article XI of the New York State Private Housing Finance Law (the "PHFL ") with offices at (the "Taxpayer ") and TRINITY TOWERS APARTMENTS II, LLC, or an entity formed or to be formed on behalf of the foregoing, a New York limited liability company with offices at (collectively, the "Company "). WITNESSETH: WHEREAS, the Taxpayer holds nominal record ownership and the Company holds equitable and beneficial ownership of a tract of land situated at 25 Linwood Avenue Buffalo, New York, County of Erie and State of New York and as further described in Exhibit A , attached hereto and made a part hereof (the "Land ") and the Taxpayer and the Company are proposing the substantial rehabilitation of eighty three (8 3) units consisting of twenty one (2 1) studio units, fifty nine (59) one bedroom units and three (3) two bedroom units on the Land and known as Trinity Towers Apartments (the "Project "); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to low income households, and affordability of the property for residential use by low income persons shall remain consistent throughout the duration of the PILOT Agreement; and WHEREAS, the City and the County wish to grant the Taxpayer and the Company such relief as permitted under Section 577 of the PHFL. NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the PHFL. Page No. 1 Trinity Towers I PILOT 2. Obligation of the Taxpayer to Make Payments in Lieu of Taxes The City and County require, and the Taxpayer shall, make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and County, subject to the terms of this PILOT Agreement. Requirements of Taxpayer a. The development of the Project shall be carried out in accordance with the provisions of Article 1 I of the PHP'L and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include, but shall not be limited to, the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. e. Transfer of legal title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts a. Upon commencement of the City's next taxable status date following substantial completion of the Project described herein as evidenced by receipt of a Certificate of Occupancy (the "Commencement Date "), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: Page No. 2 Trinity Towers 1 PILOT 0� i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Schedule A , attached hereto and made a part hereof, in satisfaction of all real property taxes; ii) Twenty -five percent (25 %) of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; iii) the remaining portion of the PILOT payment shall be allocated and/or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments for local 'improvements permitted by law; iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement. 5. Defaults in Payment in Lieu of Taxes In the event the Taxpayer fails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Requirement Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments for local 'improvements permitted by law. 7. Events of Default and Termination of Tax Exemption a. An event of default ( "Event of Default") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the PHFL, (4) failure of Taxpayer to Page No. 3 Trinity Towers 1 PILOT provide any of the information required by Section 3(c) or 3(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (l 0) days after the receipt of Notice from the City or County regarding such default to cure such default. C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. Waiver No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank Page No. 4 Trinity Towers 1 PILOT IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. A11110"1113 3f +' o Mark C. Poloncarz County Executive Approved as to content for Erie County: Maria R. Whyte Commissioner, Department of Environment and Planning Approved as to form for Erie County: Michael A. Siragusa County Attorney CITY OF BUFFALO Byron W. Brown Mayor Approved as to content for the City of Buffalo: Martin Kennedy Commissioner, Assessment and Taxation Approved as to form for the City of Buffalo: Timothy A. Ball Corporation Counsel Trinity Tower II Housing Development Fund Corp. By: Name: Title: Trinity Towers Apartments II, LLC, for itself or an entity formed or to be formed on behalf of the foregoing By: Name: Title: Page No. 5 Trinity Towers 1 PILOT P Exhibit A ALL THAT TRACT OR PARCEL OF WD, SITUATE, LYING AND 13EING IN THE CITY OF :BUFFALO, CQUNW O F ERIE AND STATE OF NEW 'YORK, BEING PART OF LOT 53, TOWNSHIP I1 RANGE 8 OF THE HOLLAND LANE) �COMPANVS SURVEY., MORE PARTICULARLY L30U DED AND D CRI - SED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST UNE OF LINWOOD AVENUE 185 FEES' NORTH OF THE INTERSECTION OF SAID EAST LINE OF UNWOOD AVENUE WITH THE NORTH LINE OF NORTH STREET (49.50 FELT WIDE) AS ORIGINALLY LAID OUT, THENCE WORTH 13* 02'24" EAST ALONG SAID UNE OF UN WOOD AVENUE 223.55 FEET TO A POINT. IN SMD UNE OF LINWOOD AVENUE 42 FEET SOUTH 13° 02'24" WEST FROM THE SOUTHWEST CORNER OF LAND CONVEYED TO SAI H O. SHEL DON BE DE ED= :RECORDED IN ERIE COUNTY CLERKS OFFICE IN LIBER 664 OF DZEDS AT PAGE 5QI , THENCE SOUTH 76° 5736 EAST 207-85 FEET; THENCE S OUTH 13 0 2' 24" WESF PARALLEL 'WITH LINWOOD AVENUE 192.81 FEET TO A POW IN THE SOUTH LINE OF LAND CONVEYED TO T. HERSEE BY DEED RECORDED IN ERIE COUMY CLERK'S OFFICE IN UBER 275 OF DEEDS AT PAGE 330; THENCE NORTH 85 22'26fWEST ALONG SAID SOUTH LINE OF LAND NVir'k W TO T. HERSEE 210.1.1 FEET TO THE POINT OF BEOMNING. THE policy W be Issued under thi's report will Insure the l ltle to :such buildings and 1 1m, provements ere ct on the premises, which by lave constitute real property. FOR WIN'VEYANCIN OMTyNLY: TUGETKER with all the right, title and interest of the .party of the tryst part, o€ in and to the land lying In the street in front of and adjoining said premises] Page No. 6 Trinity Towers / PILOT Schedule A Page No. 7 Trinity Towers / PILOT City County Total Year 1 $23,069 $7,690 $30,759 Year 2 24,222 8,074 32,296 Year 3 25,434 8,478 33,912 Year 4 26,705 8,902 35,607 Year 5 28,041 9,347 37,388 Year 6 29,443 9,814 39,257 Year 7 30,915 10,305 41,220 Year 8 32,460 10,820 43,280 Year 9 34,083 11,361 45,444 Year 10 35,788 11,929 47,717 Year 11 37,577 12,526 50,103 Year 12 39,456 13,152 52,608 Year 13 41,429 13,810 55,239 Year 14 43,500 14,500 58,000 Year 15 45,675 15,225 60,900 Page No. 7 Trinity Towers / PILOT FROM THE COMPTROLLER October 15, 2013 000 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: October 7, 2013 FROM: The Department of Audit & Control SUBJECT: City of Buffalo Investment Policy The Department of Audit and Control hereby submits the attached City of Buffalo Investment Policy for adoption by Your Honorable Body. The City's Investment Policy has not been updated since 1989. The attached. Investment Policy will help protect the finances of our City, and follows the guidelines recommended by the New York State Office of the State Comptroller. If you have any questions about this policy, please feel free to contact my office. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: REFERRED TO THE COMMITTEE ON FI A OE� MARK J.F. SCHROEDER COMPTROLLER CITYoF BUFFALO INVESTMENT POLICY ANNE FoRTI- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG SZYMANSKI INVESTMENT & DEBT OFFICER 2013 INVESTMENT POLICY OF THE CITY OF BUFFALO I. SCOPE This investment policy applies to all moneys and other financial resources available for deposit and investment by the City of Buffalo on its own behalf or on the behalf of any other entity or individual. H. OBJECTIVES The primary objectives of the City of Buffalo's investment activities are, in priority order: • To conform to all applicable Federal, State and other legal requirements. • To adequately safeguard principal. • To provide sufficient liquidity to meet all operating requirements. • To obtain reasonable rate of return. III. DELEGATION OF AUTHORITY The Comptroller as Chief Fiscal Officer for the City of Buffalo is empowered by City Charter Section 7 -13 with the responsibility of investing funds not immediately required on behalf ofthe City. In addition under City Charter Section 7 -21 the Investment and Debt Management Officer, under the supervision of the Comptroller, shall too be authorized to invest funds not immediately required on behalf of the City. IV. PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the City of Buffalo to govern effectively. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. The "prudent person" standard states that "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investments will be purchased through a competitive or negotiated process. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DIVERSIFICATION It is the policy of the City of Buffalo to diversify its deposits and investments, when appropriate and advantageous, by financial institution, by investment instrument, and by maturity scheduling. VI. INTERNAL CONTROLS It is the policy for all moneys collected by any officer or employee of the City of Buffalo to deposit those funds with the City Treasury daily unless an agreement exists that specifies otherwise. The Comptroller and Investment and Debt Management Officer are responsible for establishing and maintaining internal control procedures to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization, properly recorded, and managed in compliance with applicable laws and regulations. VII. DESIGNATION OF DEPOSITORIES The City will maintain deposits in multiple banks and trust companies, which are required to be located and authorized to do business in New York State. The maximum amount which can be kept on deposit at any time will be determined by the Comptroller or the Investment and Debt Officer, under the Comptrollers supervision who will consider the bank or trust company size and their ability to collateralize the deposits in excess of FDIC insurance. VIII. SECURING DEPOSITS AND INVESTMENTS All deposits and investments at a bank or trust company, including all demand deposits, certificates of deposits and special time deposits that are in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by: 1. A pledge of "eligible securities" with an aggregate "market value" (as provided by the GML Section 10) that is at least equal to the aggregate amount of deposits by the officers. The following is a listing of eligible securities: (a) Obligations issued or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States government sponsored corporation. Margin % 102. 2. An "irrevocable letter of credit" issued in favor of the City of Buffalo by a Federal Home Loan Bank of New York whose commercial paper and other unsecured short-term debt obligations are rated in the highest rating category by at least one nationally recognized statistical rating organization, as security for the payment of 100 percent of the aggregate amount of deposits and the agreed -upon interest, if any. Margin % 100. IX. COLLATERALIZATION AND SAFEKEEPING Eligible securities used for collateralizing deposits shall be held by the depositary and or a third party bank or trust company subject to security and custodial agreements. The Investment and Debt Management Officer of the City of Buffalo shall monitor the collateral no less frequently than monthly. The security agreement shall provide that eligible securities are being pledged to secure such deposits together with agreed -upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon a default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the City of Buffalo to exercise its rights against the pledged securities. In the event that the pledged securities are not registered or inscribed in the name of the City of Buffalo, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the City of Buffalo or the custodial bank or trust company. Whenever eligible securities delivered to the custodial bank or trust company are transferred by entries on the books of a federal reserve bank or other book -entry system operated by a federally regulated entity without physical delivery of the evidence of the obligations, then the records of the custodial bank or trust company shall be required to show, at all times, the interest of the government in the securities as set forth in the security agreement. The custodial agreement shall provide that pledged securities held by the bank or trust company as agent of, and custodian for, the City of Buffalo will be kept separate and apart from the general assets of the custodial bank or trust company and will not be commingled with or become part of the backing of any other deposit or other bank liability. The agreement shall also describe how the custodian shall confirm the receipt, substitution, or release of the collateral and it shall provide for the frequency of revaluation of collateral by the custodial bank or trust company and for the substitution of collateral when a change in the rating of a security causes ineligibility. The security and custodial agreements shall also include all other provisions necessary to provide the City of Buffalo with a perfected security interest in the eligible securities and to otherwise secure interest in the collateral, and may contain other provisions that the City deems necessary. X. PERMITTED INVESTMENTS As provided by General Municipal Law Section 11, the Comptroller and the Investment and Debt Officer, under the Comptroller's supervision, are authorized respectively by City Charter Sections 7 -13 and 7 -21 to invest moneys not required for immediate expenditure in the following types of investments: • Special time deposit accounts in, or certificates of deposit issued by, a bank or trust company located and authorized to do business in the State of New York not to exceed 4 months. • Obligations of the United States of America not to exceed 2 years. • Obligations guaranteed by agencies of the United States of America, where the payment of principal and interest are guaranteed by the United States of America not to exceed 2 years. • Obligations of the State of New York not to exceed 2 years. • With the approval of the State Comptroller, obligations issued pursuant to Local Finance Law Section 24.00 or 25.00 (i.e., Tax Anticipation Notes and Revenue Anticipation Notes) by any municipality, school district or district corporation in the State of New York other than the City of Buffalo not to exceed 2 years. • Obligations of the City of Buffalo, but only with moneys in a reserve fund established pursuant to General Municipal Law Section 6 -c, 6 -d, 6 -e, 6 -f, 6 -g, 6 -h, 6-j, 6 -k, 6 -1, 6 -m, or 6- n . All investment obligations shall be payable or redeemable at the option of the City of Buffalo within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable in any event at the option of the City of Buffalo within two years of the date of purchase. Time deposit accounts and certificates of deposit shall be payable within such times as the proceeds will be needed to meet expenditures for which the moneys were obtained, and shall be secured as provided in Sections VIII and IX herein. Except as may otherwise be provided in a contract with bondholders or note holders, any moneys of the City of Buffalo authorized to be invested may be commingled for investment purposes, provided that any investment of commingled moneys shall be payable or redeemable at the option of the City of Buffalo within such time as the proceeds shall be needed to meet expenditures for which such moneys were obtained, or as otherwise specifically provided in General Municipal Law Section 11. The separate identity of the sources of these funds shall be maintained at all times and income received shall be credited on a pro rata basis to the fund or account from which the moneys were invested. Any obligation that provides for the adjustment of its interest rate on set dates is deemed to be payable or redeemable on the date on which the principal amount can be recovered through demand by the holder. 1 � XI. AUTHORIZED FINANCIAL INSTITUTION AND DEALERS All financial institutions and dealers with which the City of Buffalo transacts business shall be credit worthy and capable and qualified to transact business with the City of Buffalo. The Comptroller or the Investment and Debt Officer, under the Comptrollers supervision shall evaluate annually the credit worthiness of financial institutions utilized by the City of Buffalo. Recent Reports of Condition and Income (call reports) shall be obtained for proposed banks, and security dealers that are not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. XII. PURCHASE OF INVESTMENTS The Comptroller and the Investment and Debt Officer, under the Comptrollers supervision, are authorized to contract for the purchase of investments: 1. Directly, from an authorized trading partner 2. By participation in a cooperative investment agreement with other authorized municipal corporations pursuant to Article 5 -G of the General Municipal Law and in accordance with Article 3 -A of the General Municipal Law. All purchased obligations, unless registered or inscribed in the name of the City of Buffalo, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold, or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the City of Buffalo by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law Section 10(3)(x). The agreement shall provide that securities held by the bank or trust company, as agent of, and custodian for, the City of Buffalo will be kept separate and apart from the general assets of the custodial bank or trust company and will not be commingled with or become part of the backing of any other deposit or other bank liability. The agreement shall also describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to secure the local government's perfected interest in the securities. XIII. REPURCHASE AGREEMENTS Repurchase Agreements (REPOs) is an agreement with a approved broker /dealer that provides for the sell and simultaneous purchase of an allowable collateral security. The difference in the sales and purchase price is the earning rate of the agreement. REPOs are complex transactions that can expose the City'to serious risks. When determining if the use of REPOs is appropriate, the Comptroller and the Investment and Debt Officer, under the Comptrollers supervision must C` evaluate whether the City has the resources to negotiate and monitor these complex agreements. Legal counsel should review all REPO documents and they should comply with the following: • Trading partners should be limited to creditworthy banks or trust companies located and authorized to do business in New York State or to registered primary dealers. • Unless the obligations that are purchased pursuant to the REPO are registered or inscribed in the name of the local government, obligations must be purchased through, delivered to and held in the custody of a bank or trust company located and authorized to do business in New York State. • The City of Buffalo must enter into a master REPO, outlining basic responsibilities and liabilities of the buyer and seller, and a written agreement with the custodial bank or trust company, outlining the basic responsibilities and liabilities of the buyer, seller, and custodian. • The custodial agreement should provide that the custodian takes possession and maintains custody of the obligations exclusively for the local government, that the obligations are free of any claims against the trading partner, and that any claims by the custodian are subordinate to the local government's claims or rights to those obligations. • The obligations must be credited to the local government on the records of the custodial bank or trust company, and the transaction must be confirmed in writing to the City of Buffalo by the custodial bank or trust company. • The obligations purchased by the local government may only be sold or presented for redemption or payment by the City of Buffalo's custodian upon written instructions of the Comptroller or Investment and Debt Officer of the City of Buffalo. • The City of Buffalo must obtain a perfected security interest in the obligation. • Agreements should be for short periods of time (no more than 30 days). • The City of Buffalo should determine whether to include margin requirements. • No substitution of obligations is permitted. • Payment for the purchased obligations should not be made by the custodial bank or trust company until the obligations are actually received. XIV. PERFORMANCE STANDARDS The City's cash management portfolio shall be designed with the objective of regularly meeting or exceeding the average return on three -month U.S. Treasury bills. This benchmark is for lower risk investment transactions and therefore comprises a minimum standard for the portfolio's rate of return. 0000 0 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: October 3, 2013 FROM: The Department of Audit & Control SUBJECT: Gun Buy Back Audit Attached is the audit report on the Gun Buy Back program conducted on May 4, 2013 If you have any questions, please feel free to contact me or Executive Assistant to the Comptroller Patrick Curry. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: �. E 94 1) A\ CITY OF BUFFALO `DEPARTMENT OF AUDIT AND CONTROL AUDIT REPORT GUN BUY BACK PROGRAM CONDUCTED ON MAY 4, 2013 ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR AUGUST 2013 MARK J.F. SCHROEDER COMPTROLLER A Preface The City of Buffalo (the "City) held its sixth annual Gun Buy Back Program on May 4, 2013. As in past years, the operating hours were from 9 a.m. to 5 p.m., and included seven drop off sites. This program is led by the Buffalo Police Department using the no questions asked/no identification required policy. As stated on the City of Buffalo website, the goals of the program are to provide safer neighborhoods throughout the City of Buffalo, to support Mayor Brown's Zero Tolerance Law Enforcement Agenda, and to instill a sense of confidence and safety among the city's law abiding residents. During the course of the Gun Buy Back, bank issued debit cards are given in return for each weapon acquired. The amount paid for each weapon depends on the condition and type. The category breakdown and redemption value of each weapon acquired is presented below: • Antique or non - working - $10.00 • Rifles or shotguns - $50.00 • Handguns - $75.00 • Assault guns - $100.00 Results of 2013 Gun Buy Back Program Number of Location Guns Payment for Guns Estimated Personal Cost Total Cost of Gun Buy Back St. Thomas Aquinas 347 $ 12,725 $ 5,059 $ 17,784 True Bethel / Jordan River 103 5,790 2,302 8,092 St. Marks / Assembly 115 5,645 2,244 7,889 Church of Good Shepard 109 4,990 1,984 6,974 St. Johns Baptist 44 2,550 1,014 3,564 Primera United Methodist 30 1,930 766 2,696 Prince of Peace 16 710 282 992 Total 764 $ 34,340 $ 13,651 $ 47,991 Historical Collection Results of Gun Buy Back Program by Location Location 2013 2012 2011 2009 2008 2007 Average St. Thomas Aquina 347 313 301 274 309 315 310 St. Marks / Assembly 115 130 67 95 93 125 104 Church of Good Shepard 109 123 65 137 126 139 117 True Bethel lJordan River 103 72 100 133 88 184 113 St. Johns Baptist 44 77 33 45 68 79 58 Primera United Methodist 30 28 40 15 25 19 26 Prince of Peace 16 2 33 12 14 17 16 Totals 764 745 639 711 723 878 744 1 2. Amount Paid for Guns Collected The amount dispensed to acquire these weapons, using Chase Bank Cash debit cards, totaled $34,265. However, one $75 recipient did not have their card properly activated at the onset. Corrections to this debit card have now been made. Therefore, the final payout was $34,340. All monies dispensed were originally part of the City's Trust and Agency Fund Account - Drug Asset Forfeiture Funds, (DAFF). Four non - working weapons were not redeemed for a monetary sum. 3. Observation of Destruction For the first time since the Gun Buy Back Program began, auditors were able to observe the destruction of the guns. The guns were destroyed at the Gerdau Ameristeel Recycling Plant on August 6, 2013. The guns were taken from the secure location at Police Headquarters and transported in a Police Van to the destruction site. At the site, all the guns were loaded into two vehicles that were to be destroyed. After loading all guns in the vehicles, the vehicles were crushed and loaded into the automobile shredder. Minutes later both the autos and guns were shred into small unrecognizable pieces. The pieces will be recycled into various steel products. In total 2,180 lbs. of guns were recycled. 4. Payroll Cost of Gun Buy Back Program To provide for the necessary staffing levels for the Gun Buy Back event, each facility is staffed with a minimum of two police officers, two report technicians, and one auditor. Higher volume facilities will incur an increase in police officers and auditors to monitor these activities. Payroll costs associated with the event are as follows: Police Department personnel - $11,917 and Auditing staff - $1,734, for a total of $13,651. Audit Recommendations 1. Elimination of Sites with Lowest Participation Several sites have extremely poor participation in the program. Elimination of these sites should be considered. 2. Increase Physical Controls at Gun Storage Site In recounting the guns six weeks after the event occurred, it was determined that all guns were accounted for, therefore the physical controls in place worked. However, with a minor adjustment the physical controls could be greatly improved. After collection, guns were located in unsecured bins and tubs in a storage area in the basement of police headquarters. It was undetermined how many people have access to the storage area. If guns were secured in tamper proof bins, the physical controls would be dramatically increased, thereby reducing the chance of undetected theft. The feasibility of this should be considered if future Gun Buy Back Programs are to occur. BYRON W. BROWN MAYOR September 25, 2013 CITY OF BUFFALO DEPARTMENT OF POLICE Kevin J. Kaufman City Auditor 65 Niagara Square, Room 1230 Buffalo, NY 14202 Dear Mr. Kaufman, II I '3 DANIEL DERENDA COMMISSIONER The Buffalo Police Department is in agreement. with the draft audit report on the Gun. Buy Back Program held on May 4, 2013. The items contained within the preface, results, historical data, and audit findings are in agreement with figures maintained by the Buffalo Police Department. As far as Audit Recommendation #1— Elimination of Sites with Lowest Participation the Department is aware that certain sites have poorer participation in the program than others. As this program is meant to encompass the entire City and not discriminate against or discourage any citizen from participating, the sites picked are located throughout the City. Whether the specific sites utilized in the past are kept, or new sites are picked, the Department will continue to have in place site locations throughout the City. Also, for Audit Recommendation #2 --- Increase Physical Controls at Gun Storage Site, the Department agrees and will utilize tamper proof bins to store weapons after the conclusion of any future Gun Buy Back programs. Sincerely, Daniel Derenda Commissioner of Police 74 FRANKLIN STREET / BUFFALO, NY 14202 -4099 / (716) 851 -4444 / www.bpdny.org 0000{) COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: FROM: The Department of Audit & Control SUBJECT: PRIOR COUNCIL REFERENCE: (Item #61, C.C.P. 215113) October 10, 2013 Street Light & Electricity Audit Authorization is hereby requested to enter into an agreement with Troy & Banks, Inc. for an Audit of Electrical Service Accounts Including Street Lighting. Pursuant to the Common Council's Resolution, "Audit on the Street Lighting System in the City" (Item #61, C.C.P. 215113), requesting that a comprehensive audit be performed to recoup money owed to the City in relation to street lighting and electricity costs, the Department of Audit and Control has honored this request. Due to the manpower and expertise required for this type of audit, the Department of Audit and Control has solicited proposals from outside farms to assist in this effort. The audit from the 1990s referred to in the resolution was conducted in a similar way. After reviewing the four proposals that were submitted, the Department of Audit and Control and the Commissioner of Public Works have selected Troy & Banks, Inc. to perform these services. Troy & Banks, a national leader in utility audits, is headquartered in Buffalo and has extensive experience in New York State, including the City of Buffalo street lighting audits in the 1990s referred to in the aforementioned resolution. This agreement is on a contingency basis, whereby the City only pays for these services if a refund or credit is recouped and/or a reduction on future billing is achieved. The fee proposal is as follows: ■ 33 percent of monetary refunds realized up to $100,000. ■ 25 percent of monetary refunds realized from $100,001 and above. ■ For any reductions in future costs resulting from Troy & Banks, Inc. analysis, the fee is 25 percent of the amount saved each month for 18 months. I recommend that Your Honorable Body authorize the Comptroller to enter into this agreement. DEPARTMENT HEAD: TITLE: SIGNATURE: Mary J. F. Schroeder i Comptroller al )P Permission to Enter Into Agreement — Street Light and Electricity Audit (Comptroller) Mr. Smith moved: That the above item be, and the above communication from the Office of the Comptroller, dated October 10, 2013, be received and filed; and That the Common Council hereby authorizes the Comptroller of the City of Buffalo to enter into an agreement with Troy & Banks, Inc. for an audit of electrical service accounts, including street lighting. This agreement is on a contingency basis, whereby the City only pays for these services if a refund or credit is recouped and /or a reduction on future billing is achieved. PASSED CADoauments and SettingklehnerTocal SettingsUemporary Iniemet FileslOLKIMPennission to Enter Into Agreement- Street Light Audit.dccx *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 5 ) (2/3 - 61 [3/4 - 7 * * FROM THE PRESIDENT OF THE COUNCIL October 15, 2013 - - (Common Council CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN 1. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLE)NICZAK 10/10/2013 TA rT/0A) Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 Mr. Chwalinski; Please file the following item for the upcoming meeting of the Common Council. Sincerely, Richard A. Fontana Council President RA> tjo ,. 4- �(> (Y C.-L) C,- t (-e ,e C J 1 c,, I "o ('16- '3 I"'/ i `� REFERRED TO THE COMMISSIONER OF ASSESSMENT l° A RP- 420 - alb -Use (9108) NYS DEPARTMENT OF TAXATION & FINANCE ' OFFICE OF REAL PROPERTY TAX SERVICES APPLICATION FOR REAL PROPERTY TAX EXEMPTION FOR NONPROFIT ORGANIZATIONS II — PROPERTY USE The Service Collaborative of WNY, Inc. 1 6- 1 596462 1 a. Name of organization 2. Employer ID no 2188 Seneca Street 3a. Name of contact person Buffalo NY 14210 Kate Sarata, Executive Director b. Mailing address b' Day telephone no. of contact person 635 South Park 716 418 -8500 Evening telephone no. Buffalo NY c. Address of property c. E-mail address (optional) d. Property identification (see tax bill or assessment roll) Tax map number or section/block/lot 1224100003001 4 a. Has any part of this property been conveyed to another person or organization? ✓❑ Yes 0 No b. Is the property or any part thereof under contract for sale? ❑ Yes 0 No c. Is the property or any part thereof for sale? ❑ Yes ❑ No d. If answer to 4 a, b, or c is yes, give full details (indicate question letter): See attached See attached S. Name of grantee as set forth in deed by which property was acquired if different from answer to question 1. See attached 6. If the property was acquired within the last three (3) years, indicate: Date of acquisition: 12/31/2009 Deed recording information — Book of Deeds: 11175 p age: 9002 7. Was the property acquired from anyone who has or had any interest in the owning organization (e.g., officer, director, employee, member, etc.)? ❑ Yes ❑✓ No If yes, explain the relationship and circumstances of sale (including purchase price and terms of sale): 8. Is the property mortgaged? ❑ Yes 0 No a. If yes, does the holder of the mortgage presently (or did it formerly) have any interest in the owning organization? ❑ Yes ❑ No b. If answer to 8a is yes, explain the relationship and details of mortgage(s), original principal amount, principal currently outstanding, interest rate, original term of mortgage, terra remaining: (attach additional sheets if necessary) FOR ASSESSOR'S USE Assessing unit City/Town County Village School District �t RP- 420 -a/b -Use (9108) 2 9. Does any person or organization have a reversionary interest in this property? ❑ Yes No a. If yes, indicate name and address of such person and state terms of right of reverter; 10. Describe, in detail, use or uses of the property: See attached. IF THE ORGANIZATION SEEKING EXEMPTION HAS INDICATED ONE OF ITS CORPORATE PURPOSES IS HOSPITAL IN QUESTION 2a. ON FORM RP- 420- e -Org, ANSWER QUESTION 11. IF NOT SKIP TO 12. 11. Are the premises or any portion thereof leased or otherwise occupied as professional offices? ❑ Yes 0 No If yes, answer a through c. a. The professional offices are leased or otherwise occupied by: (1) ❑ members of the staff, e.g. doctors (2) ❑ professionals not on the staff of the hospital (3) ❑ a combination of I and 2 b. If leased to members of the staff, are the offices used: (1) ❑ solely for hospital related matters (2) ❑ for the private practice of the staff members (3) ❑ a combination of I and 2 c. If not used solely for direct - hospital related purposes, what percentage of time and space are the offices used for direct hospital- related purposes, and what percentage of time and space are they used for private practice of the staff? 12. is the property or any portion thereof regularly occupied by persons or organizations other than applicant? ❑ Yes 0 No If yes, answer a through d. a. Name of occupant(s) b. Use by occupant(s) (also indicate specific portion of property so occupied): c. Term(s) of occupancy (e.g. one -year lease, month -to -month tenancy): d. Amount of rental paid by occupant(s) 13. Is the property or any portion thereof occasionally used by persons or organizations other than the applicant? ❑ Yes F No If yes, state use and indicate specific portion of property used, fi of use and fee charged or contributions received for use: 14. Are there any buildings or other improvements on the property? 71 Yes If yes, skip questions a through e. If no, answer a -e and skip questions 15 -16. a. Use or uses of property if not described in question 10. ❑ No b. Are building or other improvements contemplated on this unimproved land? ❑ Yes ❑ No If yes, give full details including proposed use(s): RP- 420 -alb -Use (9108) c. Do the minutes of the organization contain a resolution(s) authorizing contemplated building or other improvements? ❑ Yes ❑ No If yes, attach a copy of resolution(s). d. State detailed financial resources for contemplating buildings or other improvements (including building fund). e. When will construction begin? 15. Describe, briefly, the building(s) or other improvements: See attached a. Approximate acreage of land not underlying buildings or other improvements: none b. Use or uses of land referred to in 15a. if not described in question 10. c. Are buildings or other improvements contemplated on this unimproved land? ❑ Yes ❑ No If yes, give full details including proposed use(s): d. Do the minutes of the organization contain a resolution authorizing contemplated buildings or other improvements? ❑ Yes ❑ No If yes, attach copy of resolution(s) NOT APPLICABLE C. State financial resources for contemplated buildings or other improvements (including building fund). NOT APPI IGABLE f. When will construction begin? NOT APPLICABLE 16. Are there any unoccupied buildings or other improvements on this property? ❑ Yes © No a. Date(s) they became unoccupied b. Describe contemplated use(s) of the buildings or other improvements: State of New York County ofErie 3 V VERIFICATION ss: John Greenan , being duly sworn, says that _he is the Ch airman of the applicant organization, that the statements contained in this application (including the attached sheets consisting of 17 pages) are true and correct and complete, and that — he makes this application for real property tax exemption as provided by law. this Si ure of owner or authorized representative Subscribed and sworn to before me day of October 20 13 Commis of de or notary public �� " 4i�1r, L 1. , 1 1 RP420 -a/b -Use (9108) GENERAL INFORMATION AND FILING REQUIREMENTS 1. Tax exemption for nonprofit organizations under section 420 -a or 420 -b of the Real Property Tax Law Real property owned by a corporation or association organized or conducted exclusively for religious, charitable, hospital, educational, moral or mental improvement of men, women or children, or for two or more such purposes, and used exclusively for carrying out thereupon one or more such purposes, is exempt from taxation.pursuant to section 420 -a. Unless a municipally has chosen to make it taxable, real property owned by a corporation or association organized exclusively for bible, tract, benevolent, missionary, infirmary, public playground, scientific, literary, bar association, medical society, library, patriotic or historical purposes, for the development of good sportsmanship for persons under the age of eighteen years through the conduct of supervised athletic games, for the enforcement of laws relating to children or animals, or for two or more such purposes, and used exclusively for carrying out one or more such purposes, is exempt from taxation pursuant to section 420 -b. 2. APPLICATION A two -part application must be filed in each assessing unit in which exeinption is sought: Form RP- 420 -b -Org (I- Organization purpose) and form RP- 420 - alb -Use (II- Property use). One copy of Form RP- 420 -b -Org must be filed in each assessing unit. One copy of Fonn RP -420- alb -Use must be filed in each assessing unit for each separately assessed parcel for which exemption is sought. Each year following the year in which exemption is granted on the basis of this application, renewal forms RP- 420 - alb -Rnw -I and RP- 420a/b- Rnw -II must be filed. If you need more space for any item in the application, attach additional sheets and indicate the question(s) to which you are responding. Please give your name and employer identification number on all attachments. The assessor may request information in addition to the information contained in the application. For purposes of section 420 -a, the same forms may be used (except RP- 420 -a -Org replaces RP- 420- b -Org). In the alternative, the owner may submit proof of exempt status to the assessor in whatever form is mutually acceptable. 3. Place of filing application Application for exemption from city, town, or village taxes must be filed with the city, town, or village assessor. Application for exemption from county or school district taxes must be filed with the city or town assessor who prepares the assessment roll used in levying county or school taxes. In Nassau County, applications must be filed with the Nassau County Board of Assessors, In Tompkins County, applications must be filed with the Tompkins County Division of Assessment. Do not file with the Office of Real Property Tax Services. 4. Time of filing application For purposes of section 420 -b, the application must be filed in the assessor's office on or before the appropriate taxable status date. For purposes of section 420 -a, the application should be filed on orbefore such date. In towns preparing their assessment roll in accordance with the schedule provided by the Real Property Tax Law, the taxable status date is March 1. In towns in Nassau County, the taxable status date is January 2. Westchester County towns have either a May 1 or June 1 taxable status date; contact the assessor. In villages and cities, the taxable status dates vary, and the appropriate assessor should be consulted for the correct date. In New York City, property acquired by an organization exempt pursuant to either of these sections may receive exemption as of the date of its acquisition; application for exemption should be filed promptly. SPACE BELOW FOR ASSESSOR'S USE Parcel identification no.(s) e v 0 r c:e. C. Applicant organization Employer ID no. Application oApproved ❑ Disapproved / � o Assessed Valuation S / l5 ° �Li _ Taxable 0 OA z, 2 ot3 — Date application filed Q i�y,,V 6 iris- 2& 7/ t , v Exempt laz 1 "1 Documentary evidence presented. cYf - I n - - 2- , ! 3 Assessing unit Assessor's signature Date ATTACHMENT TO REAL PROPERTY TAX EXEMPTION APPLICATION Forms RP- 420alb Use The Service Collaborative of WNY, Inc. (formerly named Western New York ArneriCorps Fund) Property: 635 South Park, Buffalo, NY SBL 122410000300120 Note: this application is submitted for the tax period covered by the tax rolls prepared as of the tax status date of December 1, 2009 (the 2010 assessment year) pursuant to Chapter 363 of the Laws of New York (2013), a copy of which is attached, authorizing the City of Buffalo to grant property tax exemption to the applicantfor the Property. The Property was subsequently granted property tax exemption for subsequent tax periods. Those tax periods are not at issue in this application. Questions 10 and 15: The Property consists of a warehouse and office building (the `Building ") and parking associated with the Building. There is no unimproved portion of the Property. The Property was formerly a warehouse and light manufacturing facility. The Property is entirely occupied by the applicant. No part of the Property is leased or otherwise used by any other person, business, professional, or organization. The Property is used by the applicant for its charitable programs, as follows. As mentioned above, the applicant operates a wide range of volunteer community service programs. Those programs involve hundreds of volunteers working on many different volunteer service projects annually throughout Western New York, Many of those projects, such as renovation and rehabilitation of housing for the poor, require the storage of materials and equipment to be on hand for the work. Other projects of the applicant involve supporting the efforts of other nonprofits, such as the distribution of donated materials (such as building materials, tools, and the like) to nonprofit agencies that use those materials to serve the poor, needy etc. The common need created by all those charitable projects is a facility for the storage, sorting, and distribution of materials and equipment, which are often voluminous or bulky or both, and office space for the administration of those activities. Those activities are integral to the applicant's programs, and thus are necessary in order to enable the programs to function. Comments on legal bases for exemption: Section 420 -a of the Real Property Tax Law provides in relevant part as follows: Real property owned by a corporation or association organized or conducted exclusively for religious, charitable, hospital, educational, or moral or mental improvement of men, women or children purposes, or for two or more such purposes, and used exclusively for carrying out thereupon one or more of such purposes either by the owning corporation or association or by another such corporation or association as hereinafter provided shall be exempt from taxation as provided in this section. [emphasis added] The statute essentially establishes a two -part test, which is mirrored by the two part application form. 1. Organization First, the applicant is "organized" for charitable purposes. As set forth in paragraph 7 of Article Second of its Certificate of Incorporation, the applicant is formed specifically for charitable purposes, namely, to relieve poverty, combat community deterioration, and lessen the burdens of governments and organizations in carrying out their public and charitable purposes. Under New York law, "charitable purposes" means purposes of benefit to the community. New York law provides that "charitable purposes... include relief of poverty, advancement of education, promotion of health, [and] governmental and municipal purposes" as well as "the accomplishment of objectives which are beneficial to community or area." See Farm Sanctuary v Patton, 221 A.D.2d 67 at pages 67 -68 (emphasis added). In addition, the Certificate of Incorporation also prohibits private benefit to individuals, which is also a central principle of charitable purposes. 2. Use. The applicant "uses" the Property "exclusively" for charitable activities, namely for the applicant's charitable programs described above. The use of the Property as described above is an integral part of the applicant's charitable programs that benefit the poor and the community at large. In other words, the applicant's programs require the availability of large amounts of material and equipment, and the Property is used for the storage, organization, and distribution of that material in the applicant's programs. That use is necessary for the programs. It is not sufficient for the applicant to acquire materials and equipment from the vendors or donors from time to time or as needed because the materials and equipment must be sorted or organized, the need for the materials is fairly constant, and the availability from the vendors or donors is not sufficient for the needs and timing of the applicant. That is why this facility is integral to the applicant's operations. If the applicant did not have this space available for its use, it could not operate its projects on the scale it now operates them. ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Return To: BOX 238 Party 1: DANIEL A BLACK LLC Party 2: WESTERN NEW YORK AMERICORPS FUND Recording Fees: RECORDING $90.00 COE CO $1 RET 1.00 COE STATE $14.25 GEN $14.25 COE STATE $4.75 RM . $4.75 RP5217 COUNTY $9 RET $9.00 RP5217 ST -NON RES $241 $241.00 TP584 $10.00 Total: $370.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE COVER SHEET REV20091 109 �IIIDiIII�AIId Book: 11176 Page: 9002 Page Count: 14 Doc Type: DEED -$250 EOUIL <500 Rec Date: 12/31/2009 Rec Time: 03:20:47 PM Control #: 2009261956 User ID: #ranaine Trans Num 828463 DEED SEQ: Tr2009010491 MTG SEQ: UCC: SCAR: INDEX: Consideration Amount: $1.00 BASIC $0.00 SONYMA $040 ADDL $0.00 N FTA MT $0.00 TRANSFER $0.00 NFTA TT $0.00 WARNING • THIS SHEET CONSTITUTES THE CLERICS ENDORSEMENT, REQUIRED BY SECTIONS 319 &318 -a {5} OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL, Kathleen C. Hochul County Clerk BOW 1 175 /Page9OO2 z rev `b (Q /0 Corp,l QUIT CLAIM DEED THIS INDENTURE, made as of the : 1 * - ay of December, 2009, BETWEEN DANIEL A. BLACK, LLC, 100 Blackstone Avenue, Jamestown, New York 14701 ( "Grantor ") and WESTERN NEW YORK AMERICORPS FUND, 2001 Union Road, West Seneca, New York 14224 ( "Grantee "). WITNESSETH, that the Grantor, in consideration of ONE DOLLAR AND NO MORE ($1.00 AND NO MORE), lawful money of the United States, Paid by the Grantee, does hereby convey, remise, release and quitclaim unto the Grantee without any representation or warranty all of the Grantor's right, title and interest, if any, in the real property located at 635 South Park Avenue (S.B.L, No. ]22.41- 3 -1.2) in the City of Buffalo, Erie County, New York which real property is described in attached Schedule A and identified in attached Schedule B ( "Premises "). TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to the Premises, if any, without any warranty or representation whatsoever. TO HAVE and to hold the Premises herein granted unto the Grantee, its successors and assigns, forever. THAT THE PREMISES are not all or substantially all of the property of the Grantor. THE Grantor also grants to the Grantee a non - exclusive easement benefiting the Premises for the sole purpose of allowing the Grantee to have pedestrian and vehicular access to the Premises, including tractor trailer access to the four (4) garage bays for purposes of loading and unloading ( "Easement ") over a portion of the Grantor's adjacent real property known as 74 Fitzgerald Street (S,B.L. No. 122.41- 3 -1.1), Buffalo, New York ("Fitzgerald Parcel "). The Fitzgerald Parcel is described in attached Schedule C and is depicted in attached Schedule 13. The portion of the Fitzgerald Parcel that is covered by the Easement is described in attached Schedule D and is the cross - hatched area depicted in attached Schedule B ( "Easement Area "). The Grantee may not use the Easement Area for parking, storage or any other purpose except access. THE Grantee shall maintain the Easement Area in good condition, at its sole cost and expense (inclusive of striping, sealing, repairing, plowing, paving and replacing the pavement and access drives); provided, however, that the Grantor, in its sole discretion, may undertake such maintenance, THE Grantee shall indemnify, defend and hold the Grantor harmless from and against any and all claims, liabilities, losses, damages and expenses, including reasonable attorneys' fees arising out of the Grantee's use of the Easement Area, and/or the use thereof by the Grantee's agents, contractors, employees, invitees and licensees. The Grantee shall maintain liability insurance with a combined single limit of at ]east $1,000,000, which policy shall name the Grantor as an additional insured, The Grantee shall furnish a certificate of such insurance to the Grantor. THE Grantee shall not use, or allow the Easement Area to be used, in any way that might impair, endanger or interfere with the Grantor's use of, or access to, the Fitzgerald Parcel, The Grantee shall not erect or install on or under the Easement Area any improvement, structure, building, utility, piping or other system or equipment. The Grantee shall promptly repair any damage caused to the Fitzgerald Parcel (and /or improvements thereon) caused by the Grantee or the Grantee's agents, contractors, employees, invitees or licensees. THE building(s) on the Premises and the Fitzgerald Parcel have, and are separated by, a common party wall ( "Party Wall "). The Grantor and Grantee hereby grant to one another the right to enter upon tire Premises and the Fitzgerald Parcel, as the case-may be, in order to effect necessary repairs, maintenance and /or replacement of the Party Wall. The Book11175JPage9003 r _ 116 - z - Grantor and Grantee shall be responsible for the ordinary maintenance and repair of such party's respective side of the Party Wall. If it shall become necessary to make substantial repairs to or to rebuild the Party Wall, the cost of such repair or rebuilding shall be borne equally by the Grantor and Grantee. Where it is necessary for a party to enter upon the Premises or the Fitzgerald Parcel, as the case may be, for purposes of repairing, maintaining or replacing the Party Wall, such right shall be exercised upon reasonable notice to the other party, shall be limited to reasonable times, and shall be exercised so as not to unreasonably impair the occupancy of the other party, If a party negligently or willfully causes the Party Wall to fall into disrepair, that party shall bear the whole cost of repairing or replacing the Party Wall. If and when the Party Wall is repaired or rebuilt, it shall stand upon the same place and be of the same or similar materials as the original Party Wall. In the event of destruction of the Party Wall by fire or other casualty, to the extent that such damage is not repaired or rebuilt out of the proceeds of any insurance covering the casualty, either party may repair or rebuild the Party Wall. The party who undertakes such restoration shall be entitled to a contribution equal to one -half the cost of such restoration from the other party, Such right to contribution shall not be construed, however, to limit in any degree, the right of either party to such a greater contribution if so entitled under the laws of the State of New York regarding liability for negligent or willful acts or omissions. In the event that one of the parties demolishes all or part of its building so as to expose the Party Wall, the party who engages in such demolition shall notify the other party in writing before commencing any demolition, and shall have the obligation to rebuild, renovate and restore the Party Wall in such a manner as to make the Party Wall an outside wall for the other party, in accordance with all requirements of appropriate building codes, ordinances and regulations, failing which the other party may do so at the cost of the party who engages in demolition. THE PREMISES, EASEMENT AND PARTY WALL RIGHTS ARE SUBJECT to (a) all liens, encumbrances and other matters of record, including but not limited to casements, agreements, rights of way, covenants and restrictions, (b) all laws, statutes, rules, codes, regulations, ordinances and orders, (c) all real property taxes, assessments and water bills and (d) any state of facts disclosed by a current survey of the Premises and/or Easement Area, AND the Grantor and Grantee, for themselves and their respective successors and assigns, do further covenant and agree as follows; I. The obligations, covenants and restrictions set forth in this Deed, may be enforced in law or in equity, 2. The Grantee acknowledges, covenants, represents, warrants and agrees that it will not treat, release, store, handle, generate or dispose of any pollutant, hazardous substance, hazardous material, hazardous waste, toxic substance, petroleum or petroleum constituent on, at or below the Premises or Easement Area, and will comply with all environmental laws and regulations. 3. The Grantee acknowledges, warrants and agrees that any contract, deed, lease, license, easement, right of way, transfer document or other instrument for transfer of any interest in, possession of, or right to use, the whole or any part of the Premises and/or Easement Area, will incorporate the obligations, covenants and restrictions hereunder, and any subsequent owner, user, lessee, occupant, grantee and/or transferee of the Premises (or any part thereof) and/or Easement Area shall be deemed to have acknowledged the obligations, covenants and restrictions set forth in this Deed. The Grantee further acknowledges that the use of the Premises and/or Easement Area shall be restricted in perpetuity (or, if not permitted in perpetuity under law, then, for such shorter period of time as shall be maximum period of time permitted under law) to industrial, commereial and business office use only, such as the manufacturing, warehouse and business office use conducted on the Premises as of the date of this Deed; and without any limitation whatsoever, the Premises and Easement Area shall not be used for any of the following purposes: retail (including but not limited to anyone or more stores, shopping centers or malls); residential (including but not limited to any one or more homes, apartment buildings, condominiums or dormitories); school (including but not limited to any one or more nursery schools, grammar schools, high schools, colleges or other secondary or post- secondary educational institutions); day care center, hotel, motel or any other lodging; hospital or any other health care center(s) or clinic(s); stadium, arena, worship space or other place of public gathering; park or playground; or offices of any kind (including but not limited to professionals such as physicians and dentists) except the office use as described above, Book11175 /Page9004 - 3 - 4. In the event of any breach by the Grantee, its successors, transferees, lessees and/or assigns, of the requirements or prohibitions under this Deed, the Grantor shall have an immediate right of access to the Premises. 5. The rights, obligations, covenants and restrictions herein contained shall ran with the land, and shall bind, and shall inure to the benefit of, the Grantor and Grantee, and their successors and assigns. G. The Premises and Easement Area are conveyed hereby in their "As Is" condition, with all faults, and the Grantor maces no representation or warranty whatsoever regarding the Premises or Easement Area, either express or implied. The Grantor shall have absolutely no obligation to repair, restore, investigate, clean up or remediate all or any portion of the Premises or Easement Area. THIS Deed may be signed in counterparts. Book11 175/Page9005 - 4 - IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this Deed as of the day and year first above mentioned. DANIE BLA {, LLC By: �u' - ame: 4. SLA Title: WESTE, NEW YORK AMERICORPS FUND By: �---_ N ame: A M ft Title: C ,4F er STATE OF NEW YORK ) )SS.: COUNTY OF ERIE ) On the day of in the year 2009, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. N tary is CAM J. 00MY Nasty Publk. St* of Now Ybrk Ouslft In Ede Counly STATE OF NEW YORK My Commission ExpAv 07MO )SS.. COUNTY OF ERIE ) On the at—day of D in the year 2009, before me, the undersigned, personally appeared Y\4 sic. i o r4 personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, the person upon behalf of which the individual acted, executed the instrument. Notary Public Tmmothy i. Gfaenan Notary Pubric - Erie County STATE OF NEWYORK My commission expires Febntaryt2,""a w PLEASE RECORD AND RETURN TO: SAgi Doc N 01. 2337001.1 Book111751Page9006 SCHEDULE A Bookl 1 175 /Page90Q7 t.ie'117�;1 635 South Park Avenue ALL MT TRACr OR PARCEL OF LAND L. in the City of Baffalo, County of Eris and State of NOW York, lit being part of Cuttr tat so. 57, hounded and describod as followeL HEG31iNING at the point of intersection of the southerly lie of south Park Avenue Ifarmarly elk Stns# and the easterly line of Yatherine Streets renning tkenca sastaxly a1049 the Soutberly line of South Perk Avesuw 248.08 feet to the weateriy line of Pitz9arald Street, thence Southerly along the westerly line of Pitzgatald Street 703.50 feet to the northerly lire of Mackinaw Streets thane' "Itmrly along the northerly line of 1lackiraw Street 248,72 feet to the easterly line of Ratheti" Streit, Ud thence northerly along the easterly line of Matbariae Strast 703.50 fat the pOlnt of beginning. 29MIK TMMU941t, ALL THAT 7HACf OR PA= Of Ldsl,, situate in the City of Suetalo, County of Erie and St&te of Nov York, being Part of Outer Lot lO, 57, bounded and described as follows: HWUNING at the point of intersection of the southerly U of South park &VGA westerly along said so l fSocth Avenue 74.13 feat to the center line of a mmn will of a brick building=" tbeace southerly along the Center line of the brick v411 as it now exists a distance of 103.70 feet to a corner in said canter lines thence westerly along the center lire of the aforementioned brick wall 5.05 feet to a corner in said cen�; thence southerly along the center line of the afort- wantionad Coxnon wa11 40,74 feat to a corner in laid center line, thesoe westerly along the canter lino of said brick will 21,59 feet to a o0rrjtr in Said outer lie&; thence Southerly along said seater list ,525 of a foot to a point; thane' westerly along a southerly face of said brick building Rafi4wkjwffiM 49.13 feet more or lees to a corner, thence soutberly along an easterly face of Us aforementioned brick building 94,19 feet to a corner, thW.4 westerly along the Southerly fm of said brick building 90 feet nary or loss to the wrtheatt Dorm at aPorte - sunhats W-labelledl, thence southerly along the easterly face of said entrance structure 30 feat to the soutbaast corner thereot; thence westerly along the southerly face of laid eaULM structurt 26.3 feat to the easterly line Of Hatherlue Street; Elena aoutharly along the easterly 11,w of Rathorint Street 456.40 feat more or less to its intersection with the cortherly line of 84ckinaw street, thence easterly along the northerly lire of xsekinaw Street 168 foot to the westerly line of Pitsgerald West; thence nortberly along the westerly line of Pittgarald Street 703.50 feet to the southerly 11,w Of South Park Avenue at the point of beginning. Sook191751Page9OO8 AC50 SCHRU A 635 Scuds Park Avem ALL THAT TRACT OR PARCEL OF LAND, situate in the cl(y of BgOU County of Erie and Stan of New Yank b"09 part of Omwr Lot Na $7, described as fouaw. Beptntrlx2 at tdw paixt of haorssedox of the sowWrby Um of South Part; Awnue ffibm ertv Elk S&"# and the easterly fine of I mMieA a Sav" mautbw thence easterly along xis southero lice of South Park Awxue axe kwub d xlruty duce and sswxW huxdmA* fI93L7Q) f* t+ a poi+* hence wsdwr{y parallel w aw westerly &* of FiUcrald Strut one hum &" Mm end rrewV hwtdredlhs (10170) fed w a polxa #sac* apprvmWu to jy 90 to a pobW td mm soaad<e* paraW to Fifterald Savo 1474' to a paina Aexce wes s* wmW and 92 au Aun*edtha fed (70.92): thence mania* &iNV fart and xLwo trite hun**Okr fat (94099) to a pabW &euce west * xixary e4bs and 2S haxdndd►s feat (992S) m a polar: thence scud wfy dibV feet (30) to a pain& d&enee waUr p twjgf ( to a polxt lx die sasW y Iixe of latd�erixs Sd eed dww xortherO two hundred sLvW trine and nixeq'I7►�e hxridredths feet (169: 9J) ro the point and plea oj bs;lxxLrg Book111751Page9009 SCHEDULE B BooklII751Page9010 r O O1 (u n Ll l r r Y O O m SCHEDULE C Book11175 /Page9012 74 Fitzgerald Street M4 RRAT YRWT OA PARCEL Of LW situate in the city of 9utfalo, County of Erie lad State of maw York, being part of Outer Lot *, 57, bounded and described ae follows; amiallIG at the point of intersection of the southerly f westerly along said southerly O i fSauth Avreaue 74-13 Street thsnca feet to the center line of a memos wa11 of a brick buildiag76h thence ioutbarly along the center line of the brick WALL ae it now exists a distance Of 103.70 feat t jD a wryer in raid center liner thence westerly along the Center line of the aiarementioned brick wall 5,01 fret to a corner a said center ling; thence southerly along the center lice of the afore- mentioned common wall 40.74 feat to a corner in said center line; EheACe westerly along the Banter line of. said brick wall 21.53 feet to a wryer in said center lima ttsmee southerly along said center line .$25 of a foot to a point; thence westerly along a southerly face of said trick building t9.33 feet more or less to a terser; thence wutba Y along u ruterly floe of the along the scutbar , fact of vBJAbrick 9 feet Or to the oorthwt corner of a Porte- coehars 10- Iabei1edl; thence southerly along the eastuly face of said entranos atructure 30 feet to the southeast Corner thersal; thence westerly sloag the southefly face of said entrance structure 28.3 feet to the easterly lino of Katherine otmW theacs southerly along tea easterly line of FAtherine Street 456.40 feet more or We to its intersection with the northerly line of Aackiaaw etreetF theaoe easterly along the northarly line of mckinaw Street 268 foot to the westerly line of pitsgerald StrsetF thence northerly along the westerly line of Pitrgerald Street 703.50 feet to the southerly iLns of south Park Avenue at the point of hegisaiag. Book111751Page9013 Book111751Page9014 SCHEDULED EASEMENT AREA ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Outer Lot No. $7, bounded and described as follows: BEGINNING at the point of intersection of the southerly line of South Park Avenue with the westerly line of Fitzgerald Street; thence westerly along said southerly line of South Park Avenue 74.13 feet to the center line of a common wall of a brick building; thence southerly along the center line of the brick wall as it now exists a distance of 103.70 feet to a corner in said center line; thence westerly along the center line of the aforementioned brick wall 5,04 feet to a comer in said center line; thence southerly along the center line of the aforementioned common wall 40.74 feet to a corner in said center line; thence westerly along the center line of said brick wall 21.59 feet to a corner in said center line; thence southerly along said center line .525 of a foot to a point; thence westerly along a southerly face of said brick building 49.33 feet more or less to a comer; thence southerly along an easterly face of the aforementioned brick building 94.99 feet to a corner; thence westerly along the southerly face of said brick building 90 feet more or less to the northeast corner of a Porta•cochere (so- labeled); thence southerly along the easterly face of said entrance structure 30 feet to the southeast comer thereof; thence westerly along the southerly face of said entrance structure 28.3 feet to the easterly line of Katherine Street BEING THE TRUE POINT OF BEGINNING; thence southerly along the easterly line of Katherine Street 100 feet more or less to a point; thence easterly parallel with the northerly he of Mackinaw Street 118.3 feet more or less to a point, thence northerly parallel with the westerly line of Fitzgerald Street 130 feet more or less to a point; thence westerly along the southerly face of said brick building 90 feet more or less to the northeast corner of a Porte- cochere (so- labeled); thence southerly along the easterly face of said entrance structure 30 feett to the southeast comer thereof; thence westerly along the southerly face of said entrance 28.3 feet to the easterly line of Katherine Street, the point and place of beginning. Doc M 01- 2337114.1 SAgi Book111751Page9015 PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM PrimF INSTRUCTIONS; http : / /www.orps.state.ny.us or PHONE 15181 473 -7222 FOR COUNTY USE ONLY I c1. svLns code O 7jU b REAL PROPERTY TRANSFER REPORT l STATE OP NEW YORK Cz. Data Deed Recorded STATE BOARD OF REAL PROPERTY SERVICES 1 ey 6o RP -5217 C3. Book ` C4, Pepe aP.5111 Rr. 3M 1. Property 635 SQ 1T Park Avenue Location aTAIET NUMaEn 6TRFET NAM, Buftaln 14210 nY OR TGWN veµGE al caoE z. Bayer Western Ne r York Aa:ericorps Fund Name LOX NMIl i WWAHY NUT NAME µ5T NAME r COMPANY HIM NAM 3. Tax Indfcate where future Tax Bills are to be sent Billing if other than buyer address far bottom of form) Address LIST NAME I COMPANY FIRST NAME ill NVMSER ANG street NAMI OV ea Tewh TALE pE CODE 4, Inelleate the numl of Assessment 1 ❑ (Only d Part of a Preoell Cheek ai they epl Roil parpds transiarraq L on the deed # of h Pesac OR Pert of a Parcel W. Planning aosrd with Subdivision Authority Exists ❑ 6 Dead 4S. Subdivision Approval was Required for Transfer Property PROW Malt 1 semi 1 OR Acnes 1 9 4C. Parcel APp�ed for Subdivision with Map Provided ❑ Sias a Seller _anlel A, Slack, LLC Name IRS N E /COMPANY - rIRST NAM {AST NAME 10MAWY 01RST NAME 7. Cheek the box below which most; aeeuratety describes the am at the property at the time at sale: Cheer the boxed below u th" apply: B. Owneral Type is Condominium ❑ A Dne Family Residential E Agricultural 1 Commun {ty Service S. Now Construction on Veuant Land F-1 B 2 or 3 Fem11y Rasidenlia1 F Commercial 1 indoatrlel 10A. Preperry Located wkhin an Agricul l Olslrkt ❑ C Residentlal Vacant Land G Apartment K Public Service ll Buyer received a disclosure notrui indicating ❑ D Non•Residontlal Vacant Lend H Entertainment( Amusement f, Forest that the prapulty is in an Apdcuhural Dirtrin SALE INFORMATION j 16. Check one or mare at than cnrrditlona as applicable to tramfer. 11, $ale Contract Date [ _ A Sole Between Relatives or Farmer RalaYwes Monty Day Yew H Sale Between Related Companies or Partners in Suinbea C One of the Buyers Is also a Se$ler 12, Date of Sale I Transfer [ ) "�� 3 t / a P Buyer or Sailer is Govemment Al or Lending lnsTliol cn l Day rear E Deed Type not Warranty or Bargain and Sale (Specify Below) F Sale of Fractional or Less than Fee Interest (Specify Below) G Significant Change in Property Betwaan Taxable Status and Sale De 13. Full Sole Pries H Sala of Busfnese is included in Sale Price 2 (Fall Sete Price is the tare! amount paid Poi she propsrty including personal property. (S Below) r Other Unusual Factors Affecting Sete Price (Specify This payment may be In the form of cash, other property or goods, or the assuml of j None mortgages or other obligodo m.l Please round to the Pearaft whole dollar amaani. 14. Indicate the value of persorraE 1 q Q + properly Include In tfie sate ASSESSMENT INFORMATION - Date should reflect the latest Final Assessment Roll and Tex Bill 16, Year of Aaaesament Rog from I 0 _ _ g J 17. Total Assail Value fat off psrcab in tnnatar] I i_ 4 8 1 0 I] 1 which irdomisdon taken y a s C of Buffalo It Property Bias 1 7 1 - � - � -L..,.J te. Scheel Dtahki Name � 20. Tax Map ldentWil lsl I Roll Idantlikrls) If mom than four, attach sheet with addidonnr ldoenWwal) 122,41.3.1.2 I I I I CERTIFICATION I certify that all or the Iferne of Worrnation entered an flits farm are true and correct (Lo the best Of lay knowledge and Ill and I understand )bat the making of any wilful [alts statement or material fact ItP,reln will sullje d me to the proyidosla or thel>eaw Law relative to the maldog and filing of Use LueburaeAla. BUYER BUYER'S ATTORNEY VZTERN YORK MKRiWRPS RIND YEe dpNATUaE OA WTNANE AW NAME 2W1 1 Urban Roil STUITNUMBER STNEETNAMErAFrIA.1 West Seneca NY 1 14224 CITY OR TOWN eTAn nP Cope SELLEFt J DAN LX �rsasmeFR _I �' SELLER SIaNAf[IRE PaIE AREA WOE TEEEPNONENUM9ER Cp New York State Copy E3 County Director Copy © City/Town Assessor m Village Assessor Copy Bl1175/Page9015 Extra Page 1 R NYS DEPARTMENT OF TAXATION & FINANCE OFFICE OF REAL PROPERTY TAX SERVICES Property address: 635 So. Park APPLICATION FOR REAL PROPERTY TAX EXEMPTION FOR SBA 122410000300120 NONPROFIT ORGANIZATIONS - MANDATORY CLASS I- ORGANIZATION PURPOSE (See general information and instructions on back of form) The Service Collaborative of WNY, Inc. RP- 420 -a -Org (9108) 1 a. Name of Organization d. Name of contact person 2188 Seneca Street Kate Sarata, Executive Director e. Day telephone no, of contact person Buffalo, New York 14210 716 418 -8500 b. Mailing address Evening telephone no. 1 6- 1596462 c. Employer ID no. f. E -mail address (optional) 2a. Purpose(s) of organization: ❑ Religious ❑ Educational ❑J Charitable ❑ Moral or mental improvement of men, women, or children ❑ Hospital b. If the organization has more than one purpose, state the primary purpose: See attached c. State briefly specific activities related to each purpose checked above: See attached (Attach additional sheets if necessary) FOR ASSESSOR'S USE Assessing unit County City /Town Village School District RP- 420 -a -Org (9108) 2 3. Is the organization currently exempt from Federal income tax? ❑J Yes ❑ No If no, skip to question 4. If yes, answer a. through d. a. Under which section, subsection and paragraph of the Internal Revenue Code? 501(c)(3) b. Did the Internal Revenue Service recognize the exemption on the basis of an application form or a written request or statement? 0 Yes ❑ No If yes: (1) Was the exemption recognized by a (check one) ❑ Group exemption letter © Separate exemption letter (2) If exemption was recognized by a group exemption letter, give name and address of organization receiving group exemption. (3) If the exemption was recognized by an advanced ruling, when does the ruling expire? not applicable (month /day /year) ATTACH COPY OF DETERMINATION OR RULING LETTER If no: (4) Please explain how the organization is exempt from Federal income tax (attach additional sheets if needed). c. Is the organization required to file annual returns with the Internal Revenue Service? El Yes ❑ No If yes, attach form number(s). Form 990 ATTACH COPY OF EACH RETURN FILED FOR THE ORGANIZATION'S LAST FISCAL YEAR d. For the last fiscal year, did the organization file Internal Revenue Form 990 -T (Exempt Organization Business Income Tax Return)? ❑ Yes 0 No IF YES ATTACH COPY OF FORM 990 -T AND SKIP TO QUESTION 5 4. Has the organization applied for recognition of exemption from Federal income tax? ❑ Yes []No a. Under which section, subsection and paragraph of the internal Revenue Code? b. Date of application ATTACH COPY OF APPLICATION, REQUEST OR STATEMENT AND ATTACHMENTS IF NO, COMPLETE AND ATTACH SCHEDULE A (RP- 420 - alb -Org) (obtain Sch. A from assessor) 5. Is the organization incorporated? ✓❑ Yes ❑ No If yes, answer a through c. if no, answer d through f. RP- 420 -a -Org (9108) 3 a. Date incorporated 11/3/2000 b. State /County in which incorporated NY c. Under which law? Law: Not- far - Profit Corp Law Article or section: 402 ATTACH COPY OF CURRENT ARTICLES OF INCORPORATION (Note: If a dissolution provision is not included in the articles, also attach a statement describing how assets would be distributed should the organization dissolve.) d. Form of organization e. Date formed f. Has the organization applied for incorporation? []Yes ❑ No - If no, slip to question 6. If yes: (1) State /County in which application has been filed (2) Under which Law? Law: (3) Date application filed: Article or section: ATTACH COPY OF APPLICATION AND CONSENTS REQUIRED WITH APPLICATION ATTACH COPY OF CURRENT ARTICLES OF ORGANIZATION (Note: If a dissolution provision is not included in the articles, also attach a statement describing how assets would be distributed should the organization dissolve.) 6. Is the organization under the supervision of any public regulatory body? ❑ Yes J❑ No If yes, answer a through c. a. Which one(s)? Give name and address b. Does the organization have an operating certificate, permit, chanter, or similar authorization issued by a public regulatory body? ❑ Yes ❑✓ No IF YES, ATTACH COPY OF AUTHORIZATION c. Does the organization solicit contributions from the public? Z Yes ❑ No If yes and the organization is registered with the Attorney General's Charities Bureau, give the organization's registration number 20 -95 -13 VERIFICATION State of New York ss: County of Erie John , being duly sworn, says that _he is the Ehairrnan of the applicant organization, that the statements contained in this application (including the attached sheets consisting of _42_ pages) are true, correct and complete, and that — he makes this application for real property tax exemption as provided by law. Subscribed and sworn to before me this . �e'l , day of October 20_13 ' kd t S' ature of owner or authorized representative Commissioner of deeds or notary public RP- 420 -a -Org (9108) GENERAL INFORMATION AND FILING REQUIREMENTS 1. Tax exemption for nonprofit organizations under section 420 -a of the Real Property Tax Law Real property owned by a corporation or association organized or conducted exclusively for religious, charitable, hospital, educational, or moral or mental improvement of men, women or children, or for two or more such purposes, and used exclusively for carrying out thereupon one or more such purposes, is exempt from taxation. 2. Application For the property to be granted tax exempt status on the tentative assessment roll, the assessor must he satisfied that the statutory standards are met. This can be most readily accomplished through submission of the Office of Real Property Tax Service's forms. A two -part application should be filed in each assessing unit in which exemption is sought: Form RP- 420 -a -Org (I- Organization purpose) and form RP- 420 -alb -Use (H- Property use). One copy of Form RP- 420 -a -Org should be filed in each as sessing unit. O ne co py o f F orna R P- 420 -alb -Use s hould b e f iled i n eac h as sessing unit for each separately assessed parcel for which exemption is sought. E ach year following the year in which exemption is granted on the basis of this application, renewal forms RP- 420 - alb -Rnw -I and RP- 420 - alb - Rnw -1I should be filed. If you need more space for any item in the application, attach additional sheets and indicate the question(s) to which you are responding, Please give your name and employer identification number on all attachments. The assessor may request information in addition to the information contained in the application. The law does not require that Office of Real Property Tax Service's forms be used. I n the alternative, the owner may present proof of exempt status to the assessor in whatever format is mutually acceptable. 3. Place of filing application Application for exemption from city, town or village taxes should be filed with the city, town or village assessor. Application for a xemption from c ounty or s chool di strict t axes s hould be filed with t he c ity or t own a ssessor who prepares the assessment roll used in the levying of county or school taxes. In Nassau County, applications should be filed with the N assau Co unty B oard o f A ssessors. I n T ompkins County, a pplications should b e f iled with th e T ompkins County Division of Assessment. Do not file with the Office of Real Property Tax Services. 4. Time of filing application The application should be filed in the assessor's office on or before the appropriate taxable status date. In towns preparing their assessment roll in accordance with the schedule provided in the Real Property Tax Law, the taxable status date is March 1. In towns in Nassau County, the taxable status date is January 2. Westchester County towns have either a May 1 or June I taxable status date; contact the assessor, In villages and cities, the taxable status dates vary, and the appropriate assessor should be consulted for the correct date. In New York City, property acquired by an organization exempt pursuant to this section may receive exemption as of the date of its acquisition; application for exemption should be filed promptly. SPACE BELOW FOR ASSESSOR'S USE Applicant organization Employer identification number Date application filed I � elioxoly) A/ s-L-W,k d -0 r sfs . a See form RP- 420 -alb -Use for parcel number(s) �— Documentary evidence presented: Assessing unit Assessor's signatures' Date ATTACHMENT TO REAL PROPERTY TAX EXEMPTION APPLICATION Forms RP- 420 -Org The Service Collaborative of WNY, Inc. (formerly named Western New York AmeriCorps Fund) Property: 635 South Park, Buffalo, NY SBL 122410000300120 Note: this application is submitted for the tax period covered by the tax rolls prepared as of the tax status date of December], 2009 (the 2010 assessment year) pursuant to Chapter 363 of the Laws of New York (2013), a copy of which is attached, authorizing the City of Buffalo to grant property tax exemption to the applicant for the Property. The Property was subsequently granted property tax exemption for subsequent tax periods. Those tax periods are not at issue in this application. RP- 420 -a -Org Questions 2b and 2e: The applicant corporation, The Service Collaborative of WNY, Inc., was named Western New York AmeriCorps Fund at the times relevant to this application. Thereafter, it changed its name. Its charitable purposes are alleviating poverty and combating community deterioration by providing a variety of volunteer services to the community under the National and Community Service Programs and the AmeriCorps program established to benefit the public under the federal National and Community Service Act of 1990, as amended by the Edward M. Kennedy Serve America Act of 2009. In the period covered by this application, the applicant used the Property for materials, equipment and offices for its volunteer service programs, as more fully explained in the answers below in response to the Use portion of this Application. The Parent is classified by the Internal Revenue Service as a charitable organization under Section 501(c)(3) of the Internal Revenue Code. Comments on legal basis for exemption: Section 420 -a of the Real Property Tax Law provides in relevant part as follows: Real property owned by a corporation or association organized or conducted exclusively for religious, charitable, hospital, educational, or moral or mental improvement of men, women or children purposes, or for two or more such purposes, and used exclusively for carrying out thereupon one or more of such purposes either by the owning corporation or association or by another such corporation or association as hereinafter provided shall be exempt from taxation as provided in this section. [emphasis added] The statute essentially establishes a two -part test, which is mirrored by the two part application form. 1. Organization First, the applicant is "organized" for charitable purposes. As set forth in paragraph 7 of Article Second of its Certificate of Incorporation, the applicant is formed specifically for charitable purposes, namely, to relieve poverty, combat community deterioration, and lessen the burdens of governments and organizations in carrying out their public and charitable purposes. Under New York law, "charitable purposes" means purposes of benefit to the community. New York law provides that "charitable purposes... include relief of poverty, advancement of education, promotion of health, [and] governmental and municipal purposes" as well as "the accomplishment of objectives which are beneficial to community or area." See Farm Sanctuary v Patton, 221 A.D.2d 67 at pages 67 -68 (emphasis added). In addition, the Certificate of Incorporation also prohibits private benefit to individuals, which is also a central principle of charitable purposes. 2. Use. The applicant "uses" the Property "exclusively" for charitable activities, namely for the applicant's charitable programs described in the use portion of this application. The use of the Property as described above is an integral part of the applicant's charitable programs that benefit the poor and the community at large. In other words, the applicant's programs require the availability of large amounts of material and equipment, and the Property is used for the storage, organization, and distribution of that material in the applicant's programs. That use is necessary for the programs. It is not sufficient for the applicant to acquire materials and equipment from the vendors or donors from time to time or as needed because the materials and equipment must be sorted or organized, the need for the materials is fairly constant, and the availability from the vendors or donors is not sufficient for the needs and timing of the applicant. That is why this facility is integral to the applicant's operations. If the applicant did not have this space available for its use, it could not operate its projects on the scale it now operates them. MH'Y �J_o - 2vjwb lt>; 2- f Wt-_ I 6tNtC;H 'YUU I Y I INTERNAL REVENUE SERVTC)E P. 0, Box 2508 4,!XNCTNNATI, OR 45 243L Data : MAR 2 2 2005 WESTEAN NEW YORX AMERICORPS FT7N7] CIO MARX E LRZZARA 2001 UN ION RD wssT SENECA, NY' :14224 !lb b •r!D k=>1Z w.LII2 DEPARTMENT OF THP4 TREASURY Employer Identification Numbari 16-1556462 DF,N : 1.06074000 Conta.dt Peraan: ELIZABETH L HOFRCRE ID# 31387 Contact Telephone Number: (877) 829-5500 Public Charity Status; 179 (b) (1) (A) (vi) Dear AppliCanti our letter dated March 2001, stated you would be exempt fr= Federal income tax under section 501. of the xnteraal Revenue Cade, and you would be treated as a public charity, rather than as a private foundation, during an advance ruling period. Salted on the informatiozn you submitted, you are cla.ss±fiad as a public charity under the Code aection listed in me hca.ding of .this letter. Since your exempt status was not under consideration, you continue to be classified as an Organization exempt from Federal income tax under section 501(x)(3) of the Cade. publication 557, 'Lax- Exempt Status for Your organizatica, provides detailed information about your r i g ht s and responsibilities as an exempt organization. You may request a copy by calling tie toll -free number for forms, (800) 825 - 3676 . Information is also available art our Tnt.ernet Web Site at www.irs.gov. if you have general questions about exempt organizations, please call Our toll - tree number shown in the heading between. 8130 a.m. - 5430 P. M. Eastern. time. Please keep this letter in your permanent records; we have sent a copy of this letter to your representative ar indicated in your power of attorney. 8i,ncerely yours, At Loio G. Lerner Director, Exempt organizations Rul,ipgs and Agreements L etter 1050 (DO /CG) TOTAL_ P.02 SEP- 19-3011 10,23 SUFFALD 'rAs h AemW Rewnue Semite P.O. ftx 2308 CintindO, OH 4M'i Dais: SeptemtV 16, 3011 I THE SERVICE CQLLAG* '." M OF Wl+ Y INC 2186 SENECA ST BUFFALO, NY 14210 ' 3 Gear $ir or Mwarn: ; lo:william Moran Hsso F P.002 4yvv.iu4& Depwtrnent of the Trawtiry Pereon to Collect: W. Benjamin Toll Free Telaphone Nunder. 377- 8z845oa Employer IdentFH+itUm Number; 18 -1 SUM This A in msporm to your September 16. 2011 request for information regaMing your, mot statlM our records irldic Me that you warp` rewgnked as Mnlpt under section 501(cX3) of the Infemal RevenW Code in a determination letter l.4e46d In Mara, 2001, i Our records also indleate you are Pet s PrIvOla fbr.rda *m within the >maaning *f section 509(x) of *a Code because you emd$8 t" fri =60n 604(aX1) and 170(bX1)(A)(vr ?. i Don= may deduct c w ibuawts N You as provided in section 170 of the (:ade, Bequests. iegades, dwAses. MOW, Or gffts to you or for YW use are deducW* for Federal estate and gift tax pw poWs if they nigat V* appkable provisions of seeders . 2105, and 2W of the Code. Please refer to our were i +w for Information regarding Ming reqtflremsrft. SWRiCaIly, g00on 60W) of the Coda Pmv;des Out Bare to file err annual infof= ion retvm for threw, canse+a Uvo years msuft in muacati*n of tax- OcenaPt sta L"s of the fMrq. due date af the third return for o t9a t i fm rc ulred e. to �i The IRS r�&intalris s lW on ow weisits of organizations whose tax- exempt st tus was autarna#�Iiy r W&ed tamer =Won 60 ,3 M of ft Coda: If you hid any queatiana. please � us at the tdaphv* numbw WwAa In fire haft of ff" letter: ShneArely, klenagar, F.xmrrlpt Cr� Determinations Pone 990 Oepartment 01 the Treasury Internal Revenue Service Return of Organization Exempt From Income Tax Under section 501(!), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) ► The organization may have to use a copy of this return to satisfy state reporting requirements. oM8No. 1545 -0047 2008 pen to u c Inspection A For the 2008 calendar year, or tax year beginning and ending 13 check if applicable: Address =change chan =return =atlon = =lion ° `a Pending Please use IrtS label or prints C Name of organization WESTERN NEW YORK AMERICORPS FUND D Employer identification number 16-1596462 type Doing Business As see nstr spec Number and street (or P.0, box if mail is not delivered to street address} 1 UNION ROAD Room /sulto E Telephone number ( 716) 558-3309 bons, y or town, state or country, and ZIP + 4 T SENECA, NY 14224 G Gross recelpts $ , 2 3 r H(a) Is this a group return for affiliates? =Yes ® NO H(b) Are all aff iliates included? 0 Yes = No If "No," attach a list, (see instructions) H(c) Group exemption number ► F Name and address of principal officer: I Tax-exempt status: LKJ 501(c ) ( 3 ) -4 (insert no.) 4947 a 1 or 527 J Website:► WW, WNYAMER I C ORP S . ORG K Tvoe of organization: LXI Corporation Trust LJ Association _ Other ► I L Year of formation: 19 9 21 M state of legal domicile: M m 1 Briefly describe the organization's mission or most significant activities: TO SOLICIT, RECEIVE, AND MAINTAIN A FUND FOR THE BENEFIT OF CHARITABLE ENDEAVORS, INCLUDING 2 Check this box ► if the organization discontinued its operations or disposed of more than 25% of its assets. 9 0 3 Number of voting members of the governing body (Part VI, line 1a) ,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,_......... 3 5 ad 4 Number of independent voting members of the governing body (Part Vl, line 1 b) ... 4 5 5 271 m 5 Total number of employees (Part V, line 2a) ................................................................ ........................1. ".... 6 271 M 6 Total number of volunteers (estimate if necessary) .................................................. ............................... 7a 0. a 7a Total gross unrelated business revenue from Part VIII, line 12, column (C) 7b 0. b Net unrelated business taxable income from Farm 990•T, line 34 ................................. ............................... Prior Year Current Year j s Contributions and grants (Part Vfll, line 1h) ........................ ... ............... ... ......._. ......... 234,150. 3 , 213 , 512 . = m 9 Program service revenue (Part VIII, line 2g) ,,,,,,,,,,,,,,,,,,,,,„.,,,..,, ,.............................. 0 . 667. 5 , 9 3 5 . w 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d) ........ ............................... cc 11 Other revenue (Part Vlll, column (A), lines 5, 6d, 8c, 9c, 10c, and 1 le) ....................... — 7 9 8 . 4,401. 12 Total revenue - add lines 8 through 11 must equal Part VIII, column A , line 12) ,. 2 0 3,019. 3 , 2 2 3 , 8 4 8 . 13 Grants and similar amounts paid (Part IX, column (A), lines 1.3) „ ............................... 14 Benefits paid to or for members (Part IX, column (A), line 4) ....................................... 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5.10) ..,.,,.,, 48 6 , 012 . 4,322. 16a Professional fundraising fees (Part IX, column (A), line 11e) .......... ............................... m Q b Total fundraising expenses (Part IX, column (D), line 25) ► 6,110. 1 , 8 5 , 8 0 8 . 17 Other expenses (Part IX, column (A), lines 11 a•11d, 11 f-241) ........ ............................... 18 Total expenses. Add lines 13.17 (must equal' Part IX, column (A), line 25) ..................... 10,432. 2,171,820. 19 Revenue less expenses. Subtract line 18 from line 12 ................. ............................... 192,587. 1 ,052,0297 o� Beginning of Year End of Year y 20 Total assets (Part X, line 16) ..................................................... ............................... 270 ,329. 2 , - 310 6 0 7 , tnm q r, 21 Total liabilities (Part X, line 26) .................................................. ............................... 70,687. �,.; 22 Net assets or fund balances, Subtract line 21 from line 20 ........... ............................... 199 ,642. 1,426 , 06 8. rare: if I or ynawrG 01vcR Under penalties of perpry, I dec at I nipflu examined this return, Including accompanying schedules and statements, and to the best of my knowrdga d belief, it Is true, correct, and completa3)eclaratlo . D.afjfReparer (3jKT than officer) is based on all Iniormatlon of which preparer has any knowledge. Sign r� 7 Here i na re o icer Date 6 L0. ' Type or prfa name and title - - Preparer's D ate UTI OCK IT Preparer's identltying number Paid sell- (seelnstrucuons) signature CHRISTOPHER BONGHI , CPA 1 08/31/ 0 9 employed ► Preparer'9 yo urs It ame or DANSA & D r ARATA LLP EIN 10- Use Only;.rempldyddl, ' 361 DELAWARE AVENUE 7P 4a'end BUFFALO, NY 14202 Phoneno. 0-716- 842 -3900 May the IRS discuss this return with the preparer shown above? (see instructions) ............................. ............................... _Yes No 632005 12 -10.08 LHA For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Form 9 0 (2008) SEE SCHEDULE 0 FOR ORGANIZATION MISSION STATEMENT CONTINUATION Form 990 (2008) WESTERN NEW YORK AMERICORPS FUND 16-1596462 Page 2 Part 111 j a #atement of Program Service Accomplishments (see instructions) 1 Briefly describe the organization's mission: THE ADMINISTRATION OF FUNDS UNDER THE FEDERAL NATIONAL AND COMMUNITY SERVICE ACT OF 1990 AND THE ADMINISTRATION OF GIFTS, GRANTS, AND BEQUESTS TO SUPPORT CHARITABLE ENDEAVORS. 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990•EZ? ...................................................................................................... ............................... EXI Yes =No If "Yes", describe these new services on Schedule O. 3 Did the organization cease conducting, or make significant changes In how it conducts, any program services ? .................. =Yes ® No If "Yes ", describe these changes on Schedule O. 4 Describe the exempt purpose achievements for each of the organization's three largest program services by expenses. Section 501(c)(3) and 501(c)(4) organizations and section 4947(a)(1) trusts are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. 4a (Code; ) (Expenses $ 1 , 2 4 5 , 2 4 6 . including grants of $ ) (Revenue $ } ABLE (AMERICORPS BUILDS LIVES THROUGH EDUCATION) - IMPROVEMENT OF LITERACY RATES.FOR CHILDREN LIVING IN BUFFALO'S NEEDIEST NEIGHORHOODS THROUGH ONE -ON -ONE TUTORING WITH AMERICORPS MEMBERS AT SELECTED SCHOOLS AND AFTER SCHOOL PROGRAMS. 4b (Code: ) (Expenses $ 2 0 0 , 6 8 4 . including grants of $ ) (Revenue $ ) VISTA (VOLUNTEERS IN SERVICE TO AMERICA) - FIGHTS THE INJUSTICES AND CAUSES OF POVERTY THAT FACE INDIVIDUALS AND COMMUNITIES IN NEW YORK STATE BY INCREASING CAPACITY WITH NON - PROFIT ORGANIZATIONS. 4c (Code: ) (Expenses $ 4 8 6 , 410 . including grants of $ ) (Revenue $ ) SERVICECORPS - PROVIDE FOOD TO AREA PANTRIES EACH DAY FOR NEEDY INDIVIDUALS AND FAMLIES AND TEACH CONSTRUCTIONS AND DISASTER RELIEF SKILLS TO YOUTHS WHILE RESPONDING TO NATURAL DISASTERS ACROSS THE NATION. 4d Other program services. (Describe in Schedule O,) (Expenses $ _ including grants of $ _ ) (Revenue $ ) 4e Total p rogram service expe ► $ 1 , 9 3 2 , 3 4 0 . ( Must equal P art IX, time 25, column (B).) Form 990 (2008) 12-is- 12 -1& -OB 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 990 (2008) WESTERN NEW YORK AMERICORPS FUND 16-- 1596462 Page art i Checkiist of Required Schedules 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If " Yes,' complete Schedule A,,,,,,,,,,,,, ..... 2 Is the organization required to complete Schedule 8, Schedule of Contributors? .............. , .. 3 Did the organization engage In direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? If "Yes,' complete Schedule C, Part l ............................................................................. ............................... 4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities? if "Yes,' complete Schedule C, Part H ... 5 Section 501(c)(4), 501(c)(5), and 501(c)(6) organizations. Is the organization subject to the section 6033(e) notice and reporting requirement and proxy tax? If "Yes,' complete Schedule C, Part III ............................ ............................... .. .......... 6 Did the organization maintain any donor advised funds or any accounts where donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? If'Yes," complete Schedule D, Part f ..................... 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? If "Yes," complete Schedule D, Part 1 1 ........... ............................... 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "Yes," complete Schedule D, Part fl! 9 Did the organization report an amount in Part X, line 21; serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? it "Yes, "complete Schedule D, Part IV ...... 10 Did the organization hold assets in term, permanent, or quasi- endowments? if "Yes," complete Schedule D, Part V ........... I... 11 Did the organization report an amount in Part X, lines 10, 12, 13, 15, or 257 If "Yes,' complete Schedule D, Parts Vl, Vll, V111, 1X, orXas applicable .................................................. ............................... 12 Did the organization receive an audited financial statement for the year for which it is completing this return that was prepared in accordance with GAAP? If "Yes, " complete Schedule D, Parts XI, X11, and X111 .................... ............................... 13 Is the organization a school as described in section 170(b)(1)(A)(ii)? If "Yes," complete Schedule E ........ ...... ... ...._...... 14a Aid the organization maintain an office, employees, or agents outside of the U.S.? ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, „,,,,,, *..............,,,,,,,, b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, and program service activities outside the U.S.? If "Yes,' complete Schedule F, Part I ......................... ............................... 15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or assistance to any organization or entity located outside the United States? If "Yes,” complete Schedule F, Part Il ,,,,,,,,,,,,,,,,........................................................... 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or assistance to individuals located outside the United States? If "Yes, " complete Schedule F, Part I// ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, „,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 17 Did the organization report more than $15,000 on Part IX, column (A), line 11 e? It "Yes,” complete Schedule G, Part I ......,,,,,, 18 Did the organization report more than $15,000 total on Part VIII, lines 1c and Be? If "Yes, " complete Schedule G, Part If ...... 19 Did the organization report more than $15,000 on Part VII I, line 9a? If "Yes, " complete Schedule G, Part Ill ........................... 20 Did the organization operate one or more hospitals? If "Yes," complete Schedule W ................... .. 21 Did the organization report more than $5,000 on Part IX, column (A), line 1? If "Yes," complete Schedule 1, Parts 1 and 11,,,,,.,,, 22 Did the organization report more than $5,000 on Part IX, column (A), line 2? If "Yes," complete Schedule 1, Parts 1 and 111 ...... 23 Did the organization answer "Yes" to Part VII, Section A, questions 3, 4, or 5? If 'Yes, " complete Schedule J ...... 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If "Yes," answer questions 24b -24d and complete Schedule K. If "No ", go to question 25 ......... ............................... b Did the organization Invest any proceeds of tax - exempt bonds beyond a temporary period exception? ,,., I ....................... .. c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? d Did the organization act as an "on behalf of issuer for bonds outstanding at any time during the year? ......... .............. 25a Section 501(c)(3) and 501(c)(4) organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year? if "Yes, "complete Schedule L, Part 1 .... ..... ..... ............................. ............................... b Did the organization become aware that it had engaged in an excess benefit transaction with a disqualified person from a prior year? If "Yes," complete Schedule L, Part 1 ............. ............................... ............................. ... .. .......................... ... 26 Was a loan to or by a current or former officer, director, trustee, key employee, highly compensated employee, or disqualified person outstanding as of the end of the organization's tax year? If "Yos, " complate Schedule L, Part 11 ................ .. ......... 27 Did the organization provide a grant or other assistance to an officer, director, trustee, keyemployee, or substantial contributor, or to a Rerson related to such an individual? If 'Yes, " complete Schedule L, Part 111 ........... ............................... Yes No 1 X 2 X 3 X 4 X 5 X 6 X 7 X 9 X 10 X i1 X 12 X 13 X 14a X 14b X 15 X 16 X 17 X 18 X 19 X 20 X 21 X 22 X 24a X 24b 24c 24d 25a X 256 26 X 27 X Form 990 (2008) 632003 12.18 -08 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 99 0(2008) WESTERN NEW YORK AMERICORPS FUND 16- 1596462 Page 28 During the tax year, did any person who is a current or former officer, director, trustee, or key employee: a Have a direct business relationship with the organization (other than as an officer, director, trustee, or employee), Oran indirect business relationship through ownership of more than 35% in another entity (Individually or collectively with other person(s) listed in Part VII, Section A)? If "Yes, " complete Schedule L, Part IV ..... : .......... .......... ........... .......................... 28a b Have a family member who had a direct or indirect business relationship with the organization? 11 "Yes, " complete Schedule L, Part 1V ....... 28b c Serve as an officer, director, trustee, key employee, partner, or member of an entity (or a shareholder of a professional corporation) doing business with the organization? if "Yes, " complete Schedule L, Part IV ........... . .......................... ...... ..... 28c 29 Did the organization receive more than $25,000 in non-cash contributions? If "Yes," complete Schedule M .. . .. . .................... 29 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If "Yes, " complete Schedule M ............ ............................... 30 31 Did the organization liquidate, terminate, or dissolve and cease operations? It "Yes, „ complete Schedule N, Part 1 ... ............................ ............................... 31 32 Did the organization sell, exchange, dispose of, or transfer more than 254/o of Its net assets? If "Yes, " complete ScheduleN, Part 11 ..... ,. .......................................................•...........,............................ ............................... 32 33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701.2 and 301. 7701 -3? If "Yes, " complete Schedule R, Part I ................................ 34 Was the organization related to any tax-exempt or taxable entity? If "Yes, " complete Schedule R, Parts 11, 111, 1V, and V, line 1 . ............. .................. 34 35 Is any related organization a controlled entity within the meaning of section 512(b)(13)? If "Yes, ,, complete Schedule R, Part V, lure 2 ...................................................................................... ............................... 35 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non charitable related organization? If "Yes, complete Schedule R, Part V, line 2 .............................................................................. ........................ ....... 36 37 Did the organization conduct more than 5 of its activities through an entity that is not a related organization and that is treated as a Cartnership for federal income tax u uses? If "Yes, " comp lete Schedule R, Part V1 ........................ 37 Form 892004 12 -18 -08 No X X X X I� In In IM in In. (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 990 ( 2008) WESTERN NEW YORK AMERICORPS FUND 16-1596462 Yes I No 1a Enter the number reported in Box 3 of Form 1096, Annual Summary and Transmittal of U.S. Information Returns. Enter -0- If not applicable 1a 0 b Enter the number of Forms W2G included in line 1 a. Enter -0- if not applicable „ 1 , ....... ,, 1b 0 c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? 2a Enter the number of employees reported on Form W -3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return ... 2a 2 ........................... b If at least one is reported on line 2a, did the organization file all required federal employment tax returns? . ....... *,,,,,,,,,,,,,, „,,,, 2b X Note. If the sum of lines 1 a and 2a is greater than 250, you may be required to a -ale this return. (see instructions) 3a Did the organization have unrelated buslness gross income of $1,000 or more during the year covered by this return? 3a X b If "Yes,” has it filed a Form 990 -T for this year? If "No," provide an explanation fn ScheduleO .............. ............................... 3b 4a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)? _ 4a X b If "Yes," enter the name of the foreign country: ► See the instructions for exceptions and filing requirements for Form TD F 90 -22.1, Report of Foreign Bank and Financial Accounts. 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? ..... ............................... 5a X b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction?,,,,,,,,,,,,,, 5b X c If "Yes," to question 5a or 5b, did the organization file Form 8886 -T, Disclosure by Tax - Exempt Entity Regarding Prohibited Tax Shelter Transaction? s 6a Did the organization solicit any contributions that were not tax deductible? .......... ... ................. ............................... 6a X b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were tax deductible7 .................................................................................................................... ............................... 6b 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization provide goods or services in exchange for any quid pro quo contribuilon of more than $757 7a X b If " Yes," did the organization notify the donor of the value of the goods or services provided? ..... ............................... 7b X c Did the organization sell, exchange, or otherwise dispose of tangible personal property forwhich it was required to tile Form 8282? ............................................................................................................................. ............................... 7c X d If "Yes," indicate the number of Forms 8282 filed during the year ............ _ ... ........ .......... I 7d e Did the organization, during the year, receive any funds, directly or Indirectly, to pay premiums on a personal benefitcontract? ..... ....................................................................................... 7e X .............. ...... ............................... f Did the organization, during the directly indirectly, year, pay premiums, or on a personal benefit contract? 7f X g For all contributions of qualified intellectual property, did the organization file Form 8899 as required? ...... 79 X h For contributions of cars, boats, airplanes, and other vehicles, did the organization file a Form 1088 -C as required? ............... 7h X 8 Section 501(c) (3) and other sponsoring organizations maintaining donor advised funds and section 509(a)(3) supporting organizations. Did the supporting organization, or a fund maintained by a sponsoring organization, have excess business holdings at any time during the year? ............. 8 X 9 Section c 501 3 and other sponsori o maintainin donor advised funds {) I 1 9 9 9 , a Did the organization make any taxable distributions under section 49667 .............................................. ............................... 9a X b Did the organization make a distribution to a donor, donor advisor, or related person? ...................... ............................... 9b X 10 Section 501(c)(7) organizatlons. Enter: N a Initiation fees and capital contributions Included on Part Vlll, line 12 10a b Gross receipts, included on Form 99D, Part VIII, line 12, for public use of club facilities 10b 11 Section 501(c)(12) organizations. Enter: N/A a Gross income from members or shareholders .... . .............................. .... ............................... 11 b Gross income from other sources (Do not net amounts due or paid to other sources against amounts due or received from them.) 11b 12a Section 4947(a)(1) non - exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041? 12a rt Interest received or accrued during the year ..,...�[ /. 12b Form 990 (2008) 032005 12 -18.09 15140831 793045 WNYAMERTCORP 2008.04010 WESTERN NEW YORK AMERTCORPS WNYAMERI Form 990 (2006) WESTERN NEW YORK AMERICORPS FUND 16- 1596462 Page art VlJ Governance, Management, and Disclosure (sections A, B, and C request information about policies not required by the In ternal Revenue Code.) A. Govemina Bodv and No For each "Yes" response to lines 2 -7b below, and for a "No" response to lines 8 or 9b below, describe the circumstances, processes, or changes in Schedule O. See instructions. 1a Enter the number of voting members of the governing body ..................... ........................................................ 1a 5 b Enter the number of voting members that are independent ................................................ 1b 5 . ............................... ...I........ 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other 12c X 2 X officer, director, trustee, or key employee? ............................. .. •. .... ........._.............. .. 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision 14 X of officers, directors or trustees, or key employees to a management company or other person? ... ............................... ..... 3 X 4 Did the organization make any significant changes to its organizational documents since the prior Form 990 was filed? ......... 4 X 5 Did the organization become aware during the year of a material diversion of the organization's assets? —1 , .,- . ..................... 5 X 6 Does the organization have members or stockholders? .................................. ............................... .. „.. 6 Describe the process in Schedule 0, (see instructions) X 7a Does the organization have members, stockholders, or other persons who may elect one or more members of the 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a governingbody? ................................................................................................................................ ............................... 7a taxable entity during the year? ,,,,_ „_, .................................................................................................. ............................... b If "Yes,” has the organization adopted a written policy or procedure requiring the organization to evaluate its participation X b Are any decisions of the governing body subject to approval by members, stockholders, or other persons? ................ . 7b X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year In joint venture arrangements under applicable federal tax law, and taken steps to safeguard the organization's by the following: aThe governing body? .......................................................................................................................... ............................... sa X b Each committee with authority to act on behalf of the governing body? ..................... ............................... . ........ Sb X 9 a Does the organization have local chapters, branches, or affiliates? „ .................. .................................... ............................... 9a X b If "Yes," does the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with those of the organization? ....................... ............... ... ............. 9b 10 Was a copy of the Form 990 provided to the organization's goveming body before it was filed? All organizations must describe in Schedule O the process, if any, the organization uses to review the Form 990 ...................... 10 X 11 is there any officer, director or trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's mailing address? If "Yes," provide the names and addresses in Schedule 0 ................... ............................... 11 X Section B. Policies No 12a Does the organization have a written conflict of interest policy? If "No, "go to line 13 b Are officers, directors or trustees, and key employees required to disclose annually Interests that could give rise toconflicts? . ........ —.............................. c Does the organization regularly and consistent) monitor and enforce co with the policy If "Yes,' descri g g Y Y " P p Y be in Schedule 0 how this is done ............... 12c X 13 Does the organization have a written whistleblower policy? ............... .......................................... X 14 Does the organization have a written document retention and destruction policy? ........, ... .................... ............................... 15 Did the process for determining compensation of the following persons include a review and approval by independent 14 X persons, comparability data, and contemporaneous substantiation of the dellberation and decision: a The organization's CEO, Executive Director, or top management official? b Other officers or key employees of the organization? 15b X Describe the process in Schedule 0, (see instructions) 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year? ,,,,_ „_, .................................................................................................. ............................... b If "Yes,” has the organization adopted a written policy or procedure requiring the organization to evaluate its participation 16a In joint venture arrangements under applicable federal tax law, and taken steps to safeguard the organization's status with respect to such arrangements? .. ............................... re 17 List the states with which a copy of this Form 990 is required to be filed *NY 18 Section 6104 requires an organization to make its Forms 1023 (or 1024 if applicable), 990, and 990 -T (501(c)(3)s only) available for public inspection. Indicate how you make these available. Check all that apply. = Own website = Another's website ® upon request 19 Describe in Schedule O whether (and if so, how), the organization makes its governing documents, conflict of interest policy, and financial statements available to the public. 20 State the name, physical address, and telephone number of the person who possesses the books and records of the organization: ► KEVIN HAYES - 716- 558 -3309 20 01 UNION ROAD, WEST SENECA, NY 1422 Farm 990 (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 990 (2008) WESTERN NEW YORK AMERICORPS FUND 16-1596462 Page 7 Part 1 Compensation of Officers, Directors, Trustees, Key Employees, Highest compensated Employees, and Independent Contractors Section A, OfFcers, Directors, Trustees, Key Employees, and Highest Compensated Employees Ile Comp €ate this table for all persons required to be listed. Use Schedule J -2 if additional space is needed. • List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation, and current key employees. Enter -0- in columns (D), (E), and (F) If no compensation was paid. • List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (Box 5 of Form W2 and /or Box 7 of Form 1099.MISC) of more than $100,000 from the organization and any related organizations. • List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. • List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. List persons in the following order, individual trustees or directors; institutional trustees; officers; key employees; highest compensated employees; and former such persons. Q Check this box If the organization did not compensate any officer, director, trustee, or key employee. (A) (6) (C) (D) (E) (F) Name and Title Average Position Reportable Reportable Estimated hours (check all that apply) compensation compensation amount of per s` from from related other week r! the organizations compensation e d organization (W2/1099•MISC) from the (W- 2 /1099 organization and related _ d organizations BOARD PRESIDENT 2.00 X 0. 00 0. SISTER JOHNICE DIRECTOR 2.00 X 0. 0. 0. MARY LOU DIETRICK DIRECTOR 2.00 X 0. 0. 0. MARK LAZZARA CEO 20.00 X X 0. 0. 0. MARY ANN KRESSE DIRECTOR 2.00 X 0. 0. 0. RUSSELL MAXWELL DIRECTOR 2.00 X 0, 0. 0. JOSHUA RANDLE COO 4 0.00 29,382. 01 0. KEVIN HAYES !LX CONTRACTS /COMPLIANCE OFF 40.00 21,836. 0. 0. 632007 12 -18.08 Form 990 pow 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 990 (2008) WESTERN NEW YORK AMERI CORP S FUND 16-1596462 Page S Part V I S.cti i. A- Of ran.;- Dirpt -fnm. TnmfA 0m Kov Fmninv— nnri Mmh—t r— nanaatori Pmnlnvnee 1- 44 —ar4i (A) Name and title (B) Average hours per week (Cl Position (check all that apply) (D) Reportable compensation from the organization (W- 211099•MISC) (E) Reportable compensation from related organizations (1 N•2 /1099•MISC) (F) Estimated amount of other compensation from the organization and related organizations a s s s ° 2 Total number of independent contractors (including those in 1) who received more than $100,000 in compensation from the organization ► 0 1b Total ...................... ............................... ............ ............................... ► 51,218.1 0.1 0. Z imal number yr inaiviouais tincivaing rnose in ia) wno receives more tnan $100,000 in reportable compensation from the or anizatbri ............ ............... 3 Did the organization list any former officer, director or trustee, key employee, or highest compensated employee on line 1 a? If " Yes, " complete Schedule J for such individual ... _...... _..... 3 X 4 For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? If "Yes, " complete Schedule J forsuch individual X ........................... 5 Did any person listed on line 1 a receive or accrue compensation from any unrelated organization for services rendered to the organization? If "Yes," com iete Schedule J for such person ................. ............................... g g Section B. Independent Contractors 1 Complete this table for your five highest compensated Independent contractors that received more than $100,000 of compensation from the organization. (A) Name and business address (B) Description of services 110 Compensation 2 Total number of independent contractors (including those in 1) who received more than $100,000 in compensation from the organization ► 0 632008 12-16 -0 Form 990 (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 990 (2008) WESTERN NEW YORK AMERICORPS 16- 1596462 page (A) (B) (C) W) Total revenue Related or Unrelated Revenue excluded from exempt function business tax under revenue revenue sections 512, 513, or 514 2a m b �= c m d %mom o e f All other program service revenue Total. Add lines 2a•2f .................... ............................... No- 3 Investment income (including dividends, interest, and other similar amounts) - 4 Income from Investment of tax-exempt bond proceeds 5 Royalties ...................................... ................. 0- l Real (ii) Personal 6 a Gross Rents ..................... b Less: rental expenses c Rental income or (loss) ...... d Net rents( income or (loss) ........... ............................... 7 a Gross amount from sales of l Securities (ii) Other assets other than Inventory b Less: cost or other basis and sales expenses c Gain or (loss) d Net gain or (loss) ...................... ............................... No- y 8 a Gross income from fundraising events (not including $ of contributions reported on line 1c). See a Part IV, fine 18 ........ ............................... a s b Less: direct expenses b D c Net income or (loss) from fundraising events 9 a Gross Income from gaming activities. See Part IV, line 19 b Less: direct expenses b c Net income or ((oss) from gaming activities .................. io a Gross sales of inventory, less returns and allowances a b Less: cost of goads sold ...................... b c Net income or loss from sales of invento Miscellaneous Revenue Business Code 11a OTHER INCOME 900099 b c d All other revenue ,...,,..- . e Total. Add lines 11a-11d ........................... Total Re e 5,935.1 5,935. .1 '& ,'A V.L. 12 Vn - Addllnesih,2,3,4,5,6d,7d,8c, 9c, 10c,and lie I JQFa VZV• J.V, JJV .1 lf. o. 02 .02 - 09 Form 990 (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI 1 a Federated campaigns ,,,,,,,,,,,,,,,,,, 7a we b Membership dues .................. 1b c Fundraising events is 'Fh m ,,,_ d Related organizations .................. 7 d =, E C v ' a Government grants (contributions) le 1,000,582. 0 f All other contributions, gifts, grants, and c similar amounts not included above ...... if 2,212,930. a c 9 Noncash contrlbutfons included in Ones fa -if: S 1,354,689. h Total. Add lines 1 a•1 f ................................................... ► 3 213 512 . 2a m b �= c m d %mom o e f All other program service revenue Total. Add lines 2a•2f .................... ............................... No- 3 Investment income (including dividends, interest, and other similar amounts) - 4 Income from Investment of tax-exempt bond proceeds 5 Royalties ...................................... ................. 0- l Real (ii) Personal 6 a Gross Rents ..................... b Less: rental expenses c Rental income or (loss) ...... d Net rents( income or (loss) ........... ............................... 7 a Gross amount from sales of l Securities (ii) Other assets other than Inventory b Less: cost or other basis and sales expenses c Gain or (loss) d Net gain or (loss) ...................... ............................... No- y 8 a Gross income from fundraising events (not including $ of contributions reported on line 1c). See a Part IV, fine 18 ........ ............................... a s b Less: direct expenses b D c Net income or (loss) from fundraising events 9 a Gross Income from gaming activities. See Part IV, line 19 b Less: direct expenses b c Net income or ((oss) from gaming activities .................. io a Gross sales of inventory, less returns and allowances a b Less: cost of goads sold ...................... b c Net income or loss from sales of invento Miscellaneous Revenue Business Code 11a OTHER INCOME 900099 b c d All other revenue ,...,,..- . e Total. Add lines 11a-11d ........................... Total Re e 5,935.1 5,935. .1 '& ,'A V.L. 12 Vn - Addllnesih,2,3,4,5,6d,7d,8c, 9c, 10c,and lie I JQFa VZV• J.V, JJV .1 lf. o. 02 .02 - 09 Form 990 (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 090 (2008) WESTERN NEW Part IX I Statenten_t_ of Funotional Expenses Section 581(c)(3) All other organizations must complete Do not include amounts reported on lines 6b, 7b, 8b, 9b, and 10b of Part VI[!. 1 Grants and other assistance to govern menis and organizations in the U.S. See Part IV, line 21 ...... 2 Grants and other assistance to Individuals in the U,S. See Part IV, line 22 ........................... 3 Grants and other assistance to governments, organizations, and individuals outside the U.S. See Part IV, lines 15 and 16 ........................... 4 Benefits paid to or for members ..................... 5 Compensation of current officers, directors, trustees, and key employees ........................ 6 Compensation not included above, to disqualified persons (as defined undar section 4958(1)(1)) and persons described in section 4958(c)(3)(B) 7 other salaries and wages ........................... 8 Pension plan contributions (include section 401(k) and section 403(b) employer contributions) .. ...... 9 Other employee benefits ........................... . 10 Payroll taxes ................. ............................... 11 Fees for services (non-employees): a Management ................. ............................... bLegal ............................. ............................... c Accounting ....................... d Lobbying ..................... .. ............................... e Professional fundraising services. See Part IV, line 17 f Investment management fees ......... gOther ............................. ............................... 12 Advertising and promotion ........................... 13 Office expenses .............. ............................... 14 Information technology ............ 15 Royalties ...................................................... 16 Occupancy .................... ............................... 17 Travel .......................... ............................... 18 Payments of travel or entertainment expenses for any federal, state, or local public officials 19 Conferences, conventions, and meetings ,,,,,, 20 Interest ....................... ............................... 21 Payments to affiliates ................................. ... 22 Depreciation, depletion, and amortization .,,,,_ 23 Insurance .................... ............................... 24 Other expenses. Itemize expenses not covered above. (Expenses grouped together and labeled miscellaneous may not exceed 5% of total expenses shown on One 25 below.) ..................... a MEMBER LIVING ALLOWANCE b IN -KIND WAGES - c IN -KIND OCCUPANCY d MISCELLANEOUS e EVALUATIONS f All other expenses 25 Total functional expenses. Add lines f through 24f 26 Joint Costs. Check here ► if following SOP 9B -2. Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation ... E32010 12.18 -08 15140831 793045 WNYAMERICORP YORK AMERICORPS FUND 16-- 1596462 Page10 and 501(c)(4) organizations must complete all columns. column (A) but are not required tocomplete columns (B), (C), and (D). Total expenses Program service Management and Fun raising expenses general expenses ex enses 282,958. 213 , 218. 69,740. 128,294. 108,836. 19,458. 74,760. 69,338. 5,422. 57,853. 57,853. — 8. 77 , F2 7 , 846. 982 . 41,983. 36,316, 5,667. 3,744. 3, 744 . 48,949. 4 8, 9 4 9. 18,933. 16,804. 2,129. 678,705. 678,705. 328,658. 328,658. 301,359. 3.01,359. 30,011. 19,515 10,496. 27,000. 27,000. 70 , 785. 55, 745. 15, 040 . 2,171 , 8 2 0. 1, 9 3 2, 34 0. 239,4 8 0. 0, Form 990 (2008) 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Fo 990 ( 2008) WESTERN NEW YORK AMER I C ORP S FUND J.6-1596462 Page 11 Patt X a ante beet (A) (B) Beginning of year End of year 1 Cash - non-interest-bearing .............. 219,463. 1 1,188 . 2 Savings and temporary cash investments 5 O, 6 6. 2 3 Pledges and grants receivable, net ............................... ............................... 3 4 Accounts receivable, net ............................................... ............................... 4 5 Receivables from current and former officers, directors, trustees, key employees, or other related parties. Complete Part II of Schedule L ....... 6 Receivables from other disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(a). Complete Part II of Schedule L .......... ......... .. ....... 6 6 .4 7 (Votes and loans receivable, net 7 8 Inventories For sale or use 1,135. 9 Prepaid expenses and deferred charges ...............•,..,, •,.,• „•,,,,,,,•,,,,,,,,,,,,,,,, 200. 9 10a Land, buildings, and equipment: cost basis ... 10a 238 , 7 6 2 . b Less: accumulated depreciation. Complete Part VI of Schedule D ..... ............................... 'lob 48,949. 0 . 100 189,813. 11 Investments • publicly traded securities .....,,., ............................. 11 12 Investments - other securities, See Part IV, line 11 ....................... ............ 12 13 Investments - program - related. See Part IV, line 11 ........ ....... 13 14 Intangible assets ............. 15 Other assets. See Part IV, line 11 .................•...... ............. 15 16 Total assets. Add lines 1 throw h 15 mustequal line 34 2 7 0 , 3 29 . 16 2,310,607. 17 Accounts payable and accrued expenses ,•,,,,• ................ ..........•.................... 7 0 , 7 . 17 , 5 18 Grants payable ........ ............................... 18 19 Deferred revenue _, ...,_ 20 Tax-exempt bond liabilities ............ 20 a 21 Escrow account liability. Complete Part 1V of Schedule Q ,,,,,,,,,,,•,,,,,,,,,,,,,,,,,, 21 22 Payables to current and former officers, directors, trustees, key employees, m highest compensated employees, and disqualified persons. Complete Part II of Schedule L 23 Secured mortgages and notes payable to unrelated third parties .................. 23 24 Unsecured notes and loans payable .._....• ...................... 25 Other iiabilities. Complete Part X of Schedule D ............................................. 25 837, 9 9 6. 26 Total liabilities. Add lines 17 through 25 .. ...... ............... ............................... 70,687. 2e 884, 5 3 9 . Organizations that follow SFAS 117, check here 10- and complete lines 27 through 29, and lines 33 and 34. 27 Unrestricted net assets ............. .......... _. 9 9 , 318. 27 1 522, 7 4 6 . m 28 Temporarily restricted net assets .................................. ............................... 100,324. 28 903 32 v 29 Permanently restricted net assets ............................ 2t3 ri ............................... Organizations that do not follow SFAS 117, check here III- 0 and o complete lines 30 through 34. 30 Capital stock or trust principal, or current funds , v 31 Paid -in or capital surplus, or land, building, or equipment fund . ...................... 31 32 Retained earnings, endowment, accumulated income, or other funds ............ 32 Z 33 Total net assets or fund balances ............... ..............._.... 199 , 642.1 33 1, 26,06 8 . 34 Total liabilities and net assets /fund balances ............................... I ........... I.... 270-32.9.1 34 1 2 ,310,607. Part Xf Financial Statements and Reportin 1 Accounting method used to prepare the Form 990: 0 Cash ® Accrual 1:1 Other 2a Were the organization's financial statements compiled or reviewed by an independent accountant? . 2a X .... ............................... b Were the organization's financial statements audited by an independent accountant? 2b X c If "Yes' to lines 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? ........ _ ,. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-133? „ -, . ........................... . b If "Yes,” did the organization undergo the required audit or audits? ....... ................ ............... 3b X ... ............................... 832011 12.18 -06 Form 990 (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI SCHEDULE A Public Charity Status and Public Support (Form 990 or 990 -t=Z) To be completed by all section 501(c)(3) organizations and section 4947(a)(1) nonexempt charitable trusts. Department of the Treasury Internal Revenue service ► Attach to Form 990 or Form 990 -F2. DO- See separate instructions. OMB No. 1545 -0047 Open to Public Inspection WESTERN NEW YORK AMERICORPS FUND 1 16 1596462 P art. . I Reason f or Public Charity S tatus (All organizations must complete this part.) (see instructions) The organization Is not a private foundation because It Is: (Please check only one organization.) 1 [] A church, convention of churches, or association of churches described in section 170(b)(1)(A)(i). 2 A school described in section 170(b)(1)(A)(ff). (Attach Schedule E.) 3 0 A hospital or a cooperative hospital service organization described In section 170(b)(1)(A)[if f}. (Attach Schedule M.) 4 A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A )(111). Enter the hospital's name, city, and state: 5 Q An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1)(A)(Iv). (Complete Part II.) 6 0 A federal, state, or local government or governmental unit described in section 170(b)(1)(A)(v). 7 ® An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi). (Complete Part 11.) 8 Q A community trust described in section 170(b)(rt)(A)(vi). (Complete Part 11.) 9 An organization that normally receives: (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions - subject to certain exceptions, and (2) no more than 33 1/3% of its support from gross investment Income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete the Part Ill.) 10 An organization organized and operated exclusively to test for public safety. See section 509(a)(4). (see instructions) 11 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2). See section 509(a)(3). Check the box that describes the type of supporting organization and complete lines 11 a through 11 h. �i a 0 Type I b = Type II c EJ Type III - Functionally integrated d 0 Type III -Other e By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2), I if the organization received a written determination from the IRS that it is a Type I, Type N, or Type I[[ supporUng organization, check this box ............._ _. Q . ......................................................................................... ............................... g Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons? (f) A person who directly or indirectly controls, either alone or together with persons described in (i) and (iii) below, Yes No the governing body of the supported organization? 11g(i) (i) A family member of a person described in (i) above? 17g(ii) (iii) A 35% controlled entity of a person described in (1) or (ii) above? 11g Iii) h Provide the following Information about the organizatlons the organization supports. (1) Name of supported organization (ii) EIN ( €11) Type of organization (described on lines 1 -9 above or IRC section (see Instructions)) (iv) Is the organization n col. (i listed in your ) governing document? (v) Did you notify the organization in cej. {f) of your support? (vi) Is the or in col. (I }organized in the U.S.? {vii) Amount of support Yes No Yes No Yes No Total L-HA For privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form 990, Schedute A (Form 990 or 990 EZ) 2008 632021 12 -17 -08 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Schedule A fForm 990 or 990.E 2008 WESTERN NEW YORK AMERI CORP S FUND 16-1596462 Pa e 2 P art I Support Schedule for organizations Described in Sections tv) an vi (Complete only if you checked the box on line 5, 7, or 8 of Part 1.) Section A. Public Support Calendar year (or fiscal year beginning in)► a) 2004 (b) 2005 (c) 2006 (d) 2007 e) 2008 Total 1 Gifts, grants, contributions, and membership fees received, (Do not Include any "unusual grants. ") 11,244. 15,193. 15,508, 234,150. 3,213,512, 3,489,607. 2 Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf 3 The value of services or faculties furnished by a governmental unit to the organization without charge 4 Total, Add lines 1- 3 ..................... 11,244. 15,293. 15,508. 234,150. 3,213,512. 3,489,607, 5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .... ............................... 6 Public Support. Subtract line 6 irom One 4. 3 Section B. Total Support Calendar year (or fiscal year beginning in)► (a) 2004 (b) 2005 (c) 2006 (d ) 2007 (e) 2008 M Total 7 Amounts from line 4 .... I ...... ,,,,, T1 ,244. 15,193. 15,508. 234,150. 3,213,512. 3,489,607, 8 Gross Income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources t 1 667.1 5,935.1 6,602, 9 Net income from unrelated business activities, whether or not the business is regularly carried on 10 Other income. Do not Include gain or loss from the sale of capital assets (Explain in Part IV.) ............ 4,401. 11 Total support. Add lines 7 through 10 12 Gross receipts from related activities, etc. (see instructions) ....... ............................... 12 13 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here .................................................... ............................... . 4,401. 3,500,620, 14 Public support percentage for 2008 (line 6, column (f) divided by line 11, column (f)) 14 1 9 9 , 6 9 o/, 15 Public support percentage from 2007 Schedule A, Part IV -A, line 26f „ ...................... ........ ,. 151 100.00 % 16a 33 1 /3% support test - 2008. If the organization did not check the box on line 13, and line 14 is 33 1/3 or more, check this box and stop here, The organization qualifies as a publicly supported organization ► b 33 1 /3% support test - 2007. If the organization did not check a box on fine 13 or 16a, and line 15 is 33 1/3% or more, check this box and stop here. The organization qualifies as a publicly supported organization ► 17a 10° /. - facts - and - circumstances test - 2008. If the organization did not check a box on line g 13, 16a, or 16b, and line 14 is 10 °le or more, and if the organization meets the "facts- and•cireumstances" test, check this box and stop here. Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization ... ........... ............................... b 10 0 /9 - facts- and - circumstances test - 2007, If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 Is 10% or more, and if the organization meets the " facts•and- circumstances" test, check this box and stop here. Explain in Part IV how the organlzation meets the "facts- and - circumstances" test, The organization qualifies as a publicly supported organization ► Q ........................ IS foundation. If the organization did not check a_box on line 13, 16a, 16b,17a, or 17b, check this box and see instructions 0 Schedule A (Form 990 or 990 -E2) 2008 632022 12 -17 -06 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Schedule q Form 990 or 990 2048 Page 3 Part Ili FS - Upport tiChedule for organizations Described In Section a (Complete only If you checked the box on line 9 of Part I.; Calendar year (or fiscal year beginning in)► (a) 2004 (b) 2005 (c) 2006 (d) 2007 (e) 2008 (f) Total 1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants. ") ...... 2 Gross receipts from admissions, merchandise sold or services per- formed, or facifities fumished in any activity that is related to the organization's tax - exempt purpose 3 Gross receipts from activities that are not an unrelated trade or bus- iness under section 513 ............... 4 Tax revenues levied for the organ - Ization's benefit and either paid to or expended on its behalf 5 The value of services or facilities furnished by a governmental unit to the organization without charge 6 Total. Add lines 1 - 5 ..................... 7a Amounts included on lines 1, 2, and 3 received from disqualified persons b Amounts included on Ilnes 2 and 3 received from other than dlsquall0ed persons that exceed the greater of 1% of the total of lines e, 10c, 11, and 12 for the year or $5,000 c Add lines 7a and 7b 8 Public support Subtraolir,n ,a. line 5 secr-ion ts. I owl bupporl Calendar year (or fiscal year begin nfng ln))0- (a) 2004 (b) 2005 c 2006 (d) 2007 (e)20013 f) Total 9 Amounts from line 6 10a Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources b Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 34, 1975 ............ c Add lines 10a and 10b 11 Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on 12 Other Income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.) ............ 13 Total sup part (Add line$ 9, 10c, 11, and 12,1 14 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stoF here ................................... ............................... ► 0 Section C. Computation of Public Support Percentage 15 Public support percentage for 2008 (line 8, column (f) divided byline 13, column (0) ..... 15 % 16 Public support percentage from 2007 Schedule A, Part IV-A. line 27 .......................... ............................... 116 1 % Section D. Computation of Investment Income Percentage 17 Investment income percentage for 2008 (line 10c, column (f) divided byline 13, column (f)) ,, 17 1 % 18 Investment income percentage from 2007 Schedule A, Part IV -A, line 27h 19a 331/3% support tests - 2008. If the organization did not check the box on line 14, and line 15 is more than 33 1/3 %, and line 17 is not more than 33 1 /3 %, check this box and stop here. The organization qualifies as a publicly supported organization b 331/3% support tests - 2007. If the organization did not check a box on lina 14 or line 19a, and line 16 is more than 33 1139/o, and Ilne 18 Is not more than 331 /3%, check this box and stop here. The organization qualifies as a publicly supported organization 0 „` - - c ► 20 Private foundation. If the rg „oanization did not check a box online 14, 19a, or 19b,. heck this box and see instructions .. ....... .. ............. Schedule A (Form 990 or 990 -EZ) 2008 832023 12 -17.00 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI ScheduleA Form990or990• 2008 WESTERN NEW YORK AMERICORPS FUND 16- 1595462 Pa e4 5upplementai Information. Complete this part to provide the explanation required by Part 11, line 10; Part II, line 17a or 17b; or Part lll, Ilne 12. Provide any other additional information. (see instructions) SCHEDULE A, PART II, LINE 10, EXPLANATION FOR OTHER INCOME: MISCELLANEOUS INCOME 832024 12 -17 -08 Schedule A (c=orm 990 or 990 -EZ) 2006 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Schedule D 2M11 No. 1115 -1 (Form 990) Supplemental Financial Statements 2008 Department of the Treasury ► Attach to Form 990. 7o be completed by organizations that Open To Public Imernal Revert,,. service answere "Yes," t o Form 990, Part IV, line 6, 7, 8, 9, 10, 11, or 12. Inspection Name of the organization Employer identification number WESTERN NEW YORK AMERICORPS FUND 16 °1596462 Part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete if the organization answered "Yes" to Form 990, Part IV, line 6. 1 Total number at end of year 3 ....... ............................... 2 Aggregate contributions to (during year) ........................ 2,199,430. 3 Aggregate grants from (during year) 1 , 0 0 0 , 5 $ 2 . 4 Aggregate value at end of year ........ ............................... 3 , 2 0 0 , 012 . b Did the organization Inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control? ....................... ® Yes C] No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds may be used only for charitable purposes and not for the benefit of the donor or donor advisor or other Impermissible privato benefit? ...... ® Yes E:J No Part li Conservation EaSements. Complete if the organization answered "Yes" to Form 990, Dart IV, line 7. 1 Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (e.g., recreation or pleasure) 0 Preservation of an historically important land area Protection of natural habitat [] Preservatfon of certified historic structure Preservation of open space 2 Complete lines 2a -2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Held at the End of the Year a Total number of conservation easements ......................... ............................... ......... ............................... b Total acreage restricted by conservation easements ..................................................... 2b c Number of conservation easements on a certified historic structure included in (a) 2c .............................. . d Number of conservation easements included in (c) acquired after 8/17/06 ....... 2d 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the taxable year lip- 4 Number of states where property subject to conservation easement is located ► 6 Does the organization have a written policy regarding the periodic monitoring, inspection, violations, and enforcement of the conservation easements it holds? ................... ............................... Yes No 6 Staff or volunteer hours devoted to monitoring, inspecting, and enforcing easements during the .............. year► 7 Amount of expenses incurred in monitoring, Inspecting, and enforcing easements during the year ► $ 8 Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(B)(ii)7 Yes 0 No ...................................................................................................... ............................... . 9 In Part XIV, describe how the organization reports conservation easements in its revenue and expense statement, and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Hart III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets, Complete if the organization answered "Yes" to Form 990, Part IV, line 8. 1a If the organization elected, as permitted under SFAS 116, not to report in Its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide, in Part XIV, the text of the footnote to its financial statements that describes these items. b If the organization elected, as permitted under SFAS 116, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: (1) Revenues included in Form 990, Part VIII, line 1 $ ....................................... ............................... (ti) Assets Included In Form 990, Part X $ .................................................. ............................... 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under SFAS 116 relating to these items: a Revenues included in Form 990, Part VIII, line 1 ............................ b Assets included in Form 990, Part X ........................ . .... ............................... . LHA For Privacy Act and Paperwork Reduction Act Notice, seethe Instructions for Form 890, Schedule D (Form 990) 20M 832051 12 -23.08 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Schedule D (Form 990) 2008 WESTERN NEW YORK AMERICORP S F UND 16-1596 Page 2 Part 1!!j Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets continued 3 Using the organization's accession and other records, check any of the following that are a significant use of Its collection items (check all that apply ): a C] Public exhibition d [] Loan or exchange programs b C] Scholarly research e EJ Other c Q Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIV. S During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? ........ ............................... Ej Yes E] No Part IV Trust, Escrow and Custodial Arrangements Complete if organization answered "Yes" to Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. 1a Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included an Form 990, Part X? ................................................................................................................... ............................... [:�) Yes E] No b If "Yes," explain the arrangement In Part XIV and complete the following table: Amount c Beginning balance .................................................................................................. ............................... ie d Additions during the year .......... ................................................ ............................... 1d e Distributions during the year .............................................. ... .................................... ............................ 1e fEnding balance ........................................................................................................ ....................... ........ 1f 2a Did the organization include an amount on Form 990, Part X, line 21? ............ ............................... Yes Lj No b If "Yes," explain the arrangement in Part XIV. Part V Endowment F unds. Complete if organization answered "Yes" to Form 990, Part IV, line 10. (a) Current year (b) Prior year c Twa ears back d) Three years back (e) Four years back 2 Provide the estimated percentage of the year end balance held as: a Board designated or quasi - endowment ► % b Permanent endowment ► c Term endowment ► 3a Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Yes No (1) unrelated organizations 3a(i) ............................................................................................ ............................... (ii) related organizations ............ .. 3a(li b if "Yes" to 3a(1), are the related organizations listed as required on Schedule R? ..................... ....... ... 3b 4 Describe in Part XIV the intended uses of the organization's endowment funds. Part VI I Investments - Land. Buildincts, and Eauilo See Form 990, Part X. line 10. 1a Beginning of year balance ... b Contributions ........... ............................... c Investment earnings or losses ............. d Grants or scholarships ....... e Other expenditures for facilities and programs ............................ f Administrative expenses ........... ............. g End of year balance ............................. Description of investment (a) Cost or other basis (investmeni) (b) Cost or other basis (other) (c) Depreciation (d) Book value isLand ...................... ............................... bBuildings ....................... ............................... c Leasehold improvements d Equipment .................... ............................... e Other ............................. ............................... 1 238, 76 48,949. 189, 813. Total. Add lines la- Cofumn d should equal Farm 990, Part X, column (a), line 10(c).) ..................... . ► 18 9 ' 813 , Schedule D (Form 990) 2008 832052 12 -23.08 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYA.MER1 Schedule D (Form 990) 2006 WESTERN NEW YORK AMERI CORDS FUND Part Vll investments -Other Securities. See Form 990, Part X, line 12. (a} Description of security or category (b) Book value (including name of security) Financial derivatives and other financial products Closely -held equity interests ........ ............................... Other Total. 16- 1596462 Page3 Cost or end -of -year market value Hart V111111 Investments - Program Related. See Form 990, Part X, line 13. (a) Description of investment type (b) Book value (c) Method of valuation: Cost or end-of-year market value Total. &I (h ) should equal Form 990, Part X, col B line 13.) ► I I I Part IX I Other Assets. See Form 990, Part X, line 15. Total. See Form 990, Part X. line 25. Federal Income taxes LONG -TERM DEBT _ _ 58,877. T DUE O TOWN OF WEST 779,119. Total. (Column b should equal Form 990, Part X, col (B) line 25. ............... 0-1 83 In Part XIV, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FlN 413- 12 -23 -oa Schedule b (Form 990) 2008 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Schedule 0 (Form 990) 2008 WESTERN NEW YORK AMERICORPS FUND 16- 1596462 Page4 Part Xl I Reconciliation of Change in Net Assets from Form 990 to Financial Statements 1 Total revenue (Form 990, Part VIII, column (A), line 12) ...... ............................... .......... 2 Total expenses (Form 990, Part IX, column (A), line 25) .- .......... 3 Excess or (deficit) for the year. Subtract line 2 from line 1 4 Net unrealized gains (losses) on investments ......... ............................... ......... ................•,,,,,,,....... 5 Donated services and use of facilities .............................................................. ............................... 6 Investment expenses ....................... ....................................................... ............................... 7 Prior period adjustments ....... ............................... .---........................ ............................... a Other (Describe in Part XM ............................................................................ ............................... . 9 Total adjustments (net). Add lines 4 -8 .............•,,.,,,. ....... -.1-- ........ ......... ..................... 10 Excess or deficit for the year per financial statements. . . Comb . in . e . li . 3 ..an.d . . 9 .. ................................ 1 3,223,M 2 2, 171,820. 3 1 0 5 2 0 2 8. 4 5 6 7 8 17 4 , 3 9 7 . 9 174,397. 10 1,226,425. Part XII Reconciliation of Revenu per Audited Financial Statements With Revenue per R eturn 1 Total revenue, gains, and other support per audited financial statements , ;.. , 2 Amounts Included on line 1 but not on Form 990, Part Vlll, line 12: a Net unrealized gains on investments .. .............................•,., _............._................ 2a b Donated services and use of facillties 2b c Recoveries of prior year grants ............................................ ............................... 2c d Other (Describe In Part XIA ....................................... ............................... 2d e Add lines 2a through 2d ......... ............................................................... 3 Subtract line 2e from line 1 ................... ... 4 Amounts included an Form 990, Part VIII, line 12, but not on line 1: a Investment expenses not included on Form 990, Part VIII, Ifne 7b ........................ 4. b Other (Describe in Part XIV) ............................................... ............................... ab c Add lines 4a and 4b ....... ............................... ............... 5 Total revenue. Add li 3 and 4c. is should equal Form 990, Part I, line 12.) ................. ............................... 1 3,223,848. 0. 2e 3 3,223,848. 0. 4c 5 3,223,848. Part X1111 Reconciliation of Expenses per Audited Financial Statements With Expenses per Return 1 Total expenses and losses per audited financial statements .,.....• ....................................... ............................... 2 Amounts included on line 1 but not an Form 990, Part IX, line 25: a Donated services and use of facilities 2a b Prior year adjustments ........................................................ ............................... 2b c Losses reported on Form 990, Part IX, line 25 ........• ......... ...............•..._........... •... 20 d Other (Describe in Part XN) ............................... ............. ............................... 2d • Add lines 2a through 2d ................................ ............................... .................................. ............................... 3 Subtract line 2e from line 1 ..... ................. 4 Amounts included on Form 990, Part IX, line 25, but not on line 1: • Investment expenses not included on Form 990, Part Vill, line 7b ........................ 4a b Other (Describe in Part XIV) ............................................... ............................... I 4b c Add lines 4a and 4b ........................ ............................................................................... ............................... 5 Total ex enses. Add lines 3 and 4c. is should equal Form 990, Part 1, line 18.) .............. ............................... 1 2,171,820. 0. 2e 3 2 , 171 , 8 2 0 . 0. 4c 5 1 2.171,820. Part XIVI Supplemental Information Complete this part to provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part IV, lines 1b and 2b; Part V, line 4; Part X; Part A, line B; Part XII, lines 2d and 4b; and Part All, lines 2d and 4b. OTHER - TRANSFER OF ASSETS FROM TOWN OF WEST SENECA Schedule D (Form 990) 2008 12-23- 12-23-08 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI • Y SCHEDULEJ (c= 99o) Department of the Treasury Internal Revenue Service Name of the organizatio Part f Questions OMs No. 1545.0047 Zoos open to Public inspection )layer Identification number 16- 1596462 Yes i No la Check the appropriate box(es) if the organization provided any of the following to or fora person listed in Form 990, Part VIE, Section A, line la. Complete Part III to provide any relevant information regarding these items. First -class or charter travel L] Housing allowance or residence for personal use [] Traver for companions 0 Payments for business use of personal residence (� Tax Indemnification and gross -up payments [] Health or social club dues or initiation fees 0 Discretionary spending account Personal services (e.g., maid, chauffeur, chef) b If line 1a is checked, did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above? If "No," complete Part 111 to explain ..................... .................... ............................... 1t 2 Did the organization require substantiation prior to reimbursing or allowing expenses Incurred by all officers, directors, trustees, and the CEO /Executive Director, regarding the items checked in line 1a? ,,,,,,,,,,,,,,,,,,,,,,,,, 2 3 Indicate which, if any, of the following the organization uses to establish the compensation of the organization's CEO /Executive Director. Check all that apply. Compensation committee Written employment contract Independent compensation consultant Compensation surveyor study Q Form 990 of other organizations ® Approval by the board or compensation committee 4 During the year, did any person listed in Form 990, Part VII, Section A, line 1 a: a Receive a severance payment or change of control payment?,,,,,,,,,,,, ,, b Participate in, or receive payment from, a supplemental nonqualifled retirement plan? ..................... ....... 4b X c Participate in, or receive payment from, an equity-based compensation arrangement? ......... ......... ......... 4c X If "Yes" to any of lines 4a -c, list the persons and provide the applicable amounts for each item in Part 111. Only 501(c)(3) and 501(c)f4) organizations must complete lines 5 -8. 5 For persons listed in Form 990, Part VII, Section A, line 1a, did the organization pay or accrue any compensation contingent on the revenues of: a The organization? ........................................................................................................................... ............................... 5a X bAny related organization? ................................................................................................................... ............................... 5b X If "Yes," to line 5a or 5b, describe in Part Ill. 6 For persons listed in Form 990, Part VII, Section A, line 1 a, did the organization pay or accrue any compensation contingent on the net earnings of: a The organization? ................................................................................................................................ .............................. 6a X b Any related organization? .................... 6b X ....................... If "Yes" to line 6a or 6b, describe in Part III. 7 For persons listed in Form 990, Part Vil, Section A, line 1 a, did the organization provide any non -fixed payments not described In lines S and 6? If "Yes," describe in Part III 7 X 1. 8 Were any amounts reported in Form 990, Part VII, paid or accrued pursuant to a contract that was subject to the initial contract exce Lion described in Flags. section 53.4958-4(a)(3)? If "Yes," describe in Part III ........... ............................... 8 X LHA For Privacy Act and Paperwork Reduction Act Notice, see the instructions for Form 990. Schedule J (Form 990) 2008 832111 12 -23 -09 Compensation Information For certain Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees ` Attach to Form 990. To be completed by organizations that answered "Yes" to Form 9 90, Part IV, line 23. WESTERN NEW YORK AMERTCORPS FUND 15140831 793045 WNYAMERrCORP 2008.04010 WESTERN NEW YORK AMERZCORPS WNYAMERI Schedule J Form 990 2008 WESTERN NEW YORK P rt fl a Offrcers, Directors, Trustees, Key Employees, and Highest Compensated Employees. Use Schedule J -1 if additional space is needed. For each individual whose compensation must be reported in Schedule J, report compensation from the organization on row (i) and from related organizations, described in the instructions, on row (i17 Do not list any individuals that are not listed on Form 990, Part VII. Note. The sum of columns (B)(i }(iii) must equal the applicable column (D) or column (E) amounts on Form 990, Part VII, line 1 a. CORPS FUND 1 6- 1596462 N 832112 12 - 23 - 08 Schedule J (Form 990) 2008 (B) Breakdown of W2 and /or 1099 -MISC compensation (C) (D) (E) (F) (A) Name Deferred compensation Nontaxable benefits Total of columns (B }� -(D) Compensation reported in prior Form 990 or (i) Base compensation {ii) c onus & incentive compensation (iii) Other compensation Form 990•EZ [i} JOSHUA RANDLE (ii) W KEVIN HAYES (ii) 29,382. 0, 0. 0. 0. 29,382. 0. 0. 21,835. 0. D, 0. D. 0. 0. 0. 0. 0. 21,836. 6 . 0. 0, 0. 0, 0. (i} (ii) (i} (11] (i) W W {e) (i] {ii) 0) (II} V) (ii) V) pi) W (ii) (I) [11} 0) (il] {f) [I} (il) CORPS FUND 1 6- 1596462 N 832112 12 - 23 - 08 Schedule J (Form 990) 2008 • y r SCHEDULE M NonCash Contributions (Form 980) ► To be completed by organizations that answered Department of the-Treasury "Yes" on Form 990, Part IV, lines 29 or 30. internal Revenue Service ► Attach to Form 890. 0M13 Na 1545 -0047 MW Open to Public Inspection Name of the organization WESTERN NEW YORK AMERICORPS FUND Employer identification number 16- 15964.62 P art ypes of roperty 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Art . Works of art ........ ............................... Art • Historical treasures Art • Fractional interests Books and publications .............................. Clothing and household goods .... ............. Cars and other vehicles .............................. Boats and planes ........ Intellectual property ............. Securities - Publicly traded ........................ Securities • Closely held stook .. .................. Securities • Partnership, LL-C, or trust Interests .......... ............................... Securities • Miscellaneous ........................ Qualified conservation contribution (historic structures) . .............. ..................... Qualified conservation contribution (other) ... Real estate - Residential ......... .................. Real estate - Commercial Real estate • Other ..... ............................... Collectibles Food inventory ............... .......................... Drugs and medical supplies ................ . Taxidermy ............ Historical artifacts ..... ............................... Scientific specimens .. ............................... Archeological artifacts , Other ► ( USE OF FACILI Other ► ( ) Other ► { ) Other ► { (a) Check if applicable (b) Numberof contributions (c) Revenues reported on Form 990, Part VIII, the ig (d) Method of determining revenues X 37 1, 354, 689. ONOR ESTIMATED SQUARE 29 30a b 31 32a b 33 Number of Forms 8283 received by the organization during the tax year for contributions for which the organization completed Form 8283, Part IV, Donee Acknowledgment ,......,..., ]:29: During the year, did the organization receive by contribution any property reported in Part 1, lines 1 -28 that it must hold for at least three years from the date of the initial contribution, and which is not required to be used for exempt purposes for the entire holding period? ................. ........... ............................... If "Yes,' describe the arrangement in Part II. Does the organization have a gift acceptance policy that requires the review of any non - standard contributions? 31 Does the organization hire or use third parties or related organizations to solicit, process, orsell noncash contributions? ....... ............................... 32a .......................................................................................... ............................... If "Yes," describe in Part II, If the organization did not report revenues in column (c) for a type of property for which colurnn (a) is checked, describe in Part II. Yes No X X LHA For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form M. Schedule M (Form 990) 2008 832141 03 -11 -09 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI SCHEDULE 0 Supplemental Information to Form 990 OMB No. 1545 -0047 (Form 990) ► 90 2008 Attach to Form 9. To be completed by organizations to provide Oepartmentof the Treasury additional information for responses to specific questions for the warnat Revenue serv�cs Form 990 or to provide any additional information. inspection Name of the organization Employer identification number WESTERN NEW YORK AMERICORPS FUND 16- 1596462 FORM 990, PART I, LINE 1, DESCRIPTION OF ORGANIZATION MISSION: THE ADMINISTRATION OF FUNDS UNDER THE FEDERAL NATIONAL AND COMMUNITY SERVICE ACT OF 1990 AND THE ADMINISTRATION OF GIFTS, GRANTS AND BEQUESTS TO SUPPORT CHARITABLE ENDEAVORS. FORM 990, PART III, LINE 2, NEW PROGRAM SERVICES: THE ORGANIZATION UNDERTOOK THE ADMINISTRATION OF GRANT FUNDS, AMERICORPS MEMBERS, AND OVERALL MANAGEMENT OF PROGRAMS. FORM 990, PART III, LINE 4D, OTHER PROGRAM SERVICES: THE PURPOSE OF WESTERN NEW YORK AMERICORPS IS TO PROVIDE OPPORTUNITIES FOR CITIZENS OF ALL AGES TO HELP IMPROVE THE NATION THROUGH SERVICE TO COMMUNITIES BY MAKING WESTERN NEW YORK'S ENVIRONMENT CLEANER, CHILDREN HEALTHIER, SCHOOLS BETTER, AND STREETS SAFER. FORM 990, PART VI, SECTION A, LINE 10: A COPY OF THE FINAL 990 WAS GIVEN TO THE BOARD FOR REVIEW PRIOR TO FILING. FORM 990, PART VI, SECTION C, LINE 19: ALL GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICIES, AND FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST. THE BOARD OF DIRECTORS ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT OF THE COMPANY'S FINANCIAL STATEMENTS AND THE SELECTION OF AN INDEPENDENT ACCOUNTANT. LHA For Privacy Act and Paperwork Reduction Act Notice, sea the Instructions for Form 980. Schedule 0 (Form 990) 2008 B32211 12 -16-08 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI Form 4562 1 Depreciation and Amortization 99 Capartmentat the Treasury (including Information on Listed Property) Internal RevenueServlce (99) ► See separate instructions. Or Attach to your tax return. Fames .shown an return I Business or activity to which this form relate WESTER NEW YORK AMERICORPS FUND t'ORM 990 PAGE 10 Part ( I Elec tion To Expense Certain Property Under Sectitln 179 Note: if you have any listed property, comp Part V before 1 Maximum amount. See the instructions for a higher limit for certain businesses ................. .......................... .. ... 2 Total cost of section 179 property placed in service (see instructions) 2 3 Threshold cost of section 179 property before reduction in limitation .... ............................... 3 1-1 4 Reduction In limitation. Subtract line 3 from line 2. If zero or less, enter -0 4 S Collar Ilmitatlon for tax ear. Subtract line 4 from line 1. It zero or lass, enter -0-. If married filing separately, see fnstructlans .............................. 5 6 tai Description of property I (b) Cost (business use only] I (c) Elected cost 7 Listed roe Enter the amount from line 29 ................ p p rtY• . . . .... .. 1 7 1 .,, 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 .......... ............................... 8 Tentative deduction. Enter the smaller of line 5 or line 8 ..................................................... ............................... 10 Carryover of disallowed deduction from line 13 of your 2007 Form 4562 ....................... 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 ......... 12 Section 178 expense deduction. Add lines 9 and 10, but do not enter more than line 11 ..... ............................... 13 Carryover of disallowed deduction to 2009. Add lines 9 and 10, less line 12 ............ *1 Note: Do not use Part 11 or Part Ill below for listed property. Instead, use Part V. Partill Special Depreciation Allowance and Other Depreciation (Do not Inciude listed property.) OMB No. 1545.0172 Zoos Attachment Seque No. 6 7 lentitying number 6- 1596462 riplete Part 1. 250,000. 800,000. 14 Special depreciation for qualified property (other than listed property) placed in service during the tax year 1 14 1 2,411. 15 Property subject to section 168(f)(1) election ..................................... ............................... ....... I 1s 16 Other depreciation (including ACRS ................................................. ............................... ..........................11 16 IPartillil MACRS Depreciation (Do not include listed property.) (See instructions.) 17 MACRS deductions for assets placed in service in tax years beginning before 2008 ....... ............. 17 1S ff you are electing to group any assets placed In service during the tail year into one or more nenera$ asset accounts, check here ......... ► Section B - Assets Placed in Service During 2008 Tax Year Using the General Depreciation Svstem (a) Classification of property (b) Month and year pieced In service Jul Basis for depreciation (busEness/investment use only - sae instructions) (d) Recovery ev p no (B) Convention (q Method (g) Depreciation deduction 19a 3-year property b 5 -year property 223,560. 5 YRS HY 2 0 05B 4 c 7 -year property 12,820. 7 YRS HY 200D 1,836. d 10•year property e 15-year property f 20-year property g 25 -year property 25 yrs. S/L h Residential rental property / 27,5 yrs, MM S/L / 27,5 yrs. MM S/L I Nonresidential real property / 39 yrs. MM S/L / MM S/L occ uurr v - rtssnts rtaceu ur aer vice uur ins cuuo t ax rear usury Lne iinernauve uepreciatfon bystem 20a Class life b 12-year C 40 -year 12 yrs. I S/L 40 yrs. MM I S/L 21 Listed property. Enter amount from line 28 ..................... 21 22 Total. Add amounts from line 12, fines 14 through 17, lines 19 and 20 in column (g), and line 21. Enter here and on the appropriate lines of your return. Partnerships and S corporations • see instr ...................... 22 4 8,949. 23 For assets shown above and placed in service during the current year, enter the ortion of the basis attributable to section 263A costs.. ............... ............................... 23 11 LHA For Paperwork Reduction Act Notice, see separate instructions. Form 4562 (2008) 15140831 793045 WNYAMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMER1 Form 4562 (2008) WESTERN NEW YORK AMERICORPS FU ND 16- 1596462 Paget Part V Listed Property (Include automobiles, certain other vehicles, cellular telephones, certain computers, and property used for entertainment, recreation, or amusement.) Note: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 24a, 24b, columns (a) through (c) of Section A, all of Section 8, and Section C if applicable. Sect ion A - Depreciation and Other Information (Caution: See the instructions forlimits for passenger automobiles.) 24a Do you have evidence to support the business /investment u claimed? Yes No 24b If "Yes," is the evidence written? Yes No (a) (b) (c) (d) {o) {fl ( g) (h) (1) Type of property Date Business/ Costar easia Im depreciation Recovery Method) Depreciation Elected (list vehicles first) placed in investment other basis (businesslnvestmant period convention deduction section 179 Yes service use percentage No use only) No Yes No cost 25 Special depreciation allowance for qualified listed property placed in service during the tax year and Yes No used more than 50% in a qualified business use ........................................................ ............................... 25 Zb rroparty useo more tnan bU% in a quaBtlecl business use: 27 Property used 50% or less in a qualified business use: S/L % S/L - % S/L . 28 Add amounts in column (h), lines 25 through 27. Enter here and on line 21, page 1 ....... .............. 29 Add amounts in column i , line 26. Enter here and on line 7, page 1 .................................................. ............................... 29 Section 8 - information on Use of Vehicles Complete this section for vehicles used by a sole proprietor, partner, or other "more than 5% owner," or related person. If you provided vehicles to your employees, first answer the questions In Section C to see if you meet an exception to completing this section for those vehicles. 30 Total businessfinvestment miles driven during the year (do not include commuting miles) „ ................ 31 Total commuting miles driven during the year ... 32 Total other personal (noncommuting) miles driven ............................... . ............................... 33 Total miles driven during the year. Add lines 30 through 32........... ......................... 34 Was the vehicle available for personal use during off-duty hours? ..... ............................... 35 Was the vehicle used primarily by a more than 5% owner or related person? .................. 36 Is another vehicle available for personal use? ................................ ............................... (a) Vehicle (b) Vehicle (c) Vehicle (d) Vehicle (e) Vehicle M Vehicle Yes No Yes No Yes No Yes No Yes No Yes No Section G - Uuestians for Employers wno Provide Vehicles for Use by Their Employees Answer these questions to determine if you meet an exception to completing Section 8 for vehicles used by employees who are not more than 5 0 /0 owners or related persons. 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your Yes No employees? ... ............................... . 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? See the instructions for veNctes used by corporate officers, directors, or 1% or more owners ............. . ..................... 39 Do you treat all use of vehicles by employees as personal use? ........................ 4o Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received? ................ ................... ............................... . 41 Do you meet the requirements concerning qualified automobile demonstration use? Note: if y our answer to 37, 38, 39, 40, or 41 is "Yes," do not corn fete Section 8 for the covered vehicles. Part Vi Amortization Description of costs I Zlate8010RRdIon I Amortizable I code I Arnart&flori Amortization ..� hegins .. amount - se ction _ l penad or percentage for this yeaz 42 Amortization of costs that begins during your 2008 tax year: 43 Amortization of costs that began before your 2008 tax year 43 f 44 Total. Add amou nts in column (f). See the instructions for where to report .......... 144 816252 11.08.08 Form 4562 (2006) 15140831 793045 WNY'AMERICORP 2008.04010 WESTERN NEW YORK AMERICORPS WNYAMERI HU6- 0S -�J-wol5 08: 1:; F r om: MUHHN � HSSUCiH I SS 10: Nacre : ,�/i�b N., I S, DEPARTMENT OF STATE DIVISION OF CORPORATIONS AND STATE RECORDS ALBANY, NY 12231 -0001 FILING RECEIPT ENTITY �NAME: T WESTERN T NEW - YORK AMERICORPS FUND DOCUMENT TYPE: INCORPORATION (NOT -FOR- PROFIT) TYPE: B COUNTY: ERIE SERVICE COMPANY: NATIONWIDE INFORMATION SERVICES, INC. SERVICE CODE: 27 FILED X1 /03 /2000�DURATION:PERPETUAL CASH #:0011030007$2 FILM 4:001103000710 ADDRESS FO R PROCESS THE CORPORATION 2001 UNION ROAD WEST SENECA, NY 14224 EXIST DATE 11/03/2000 REGISTERED AGENT ----- --- -- - - ---- 9 .•.` i � fig. V .,. ` »� `�� � • � '� f '� .� � s FILER FEES 85.00 PAYMENTS 85.00 FILING 75.00 CASH 0,00 SUSAN J FACER ESQ TAX 0.00 CHECK 0.00 WILLIAM C MOP-AN & ASSOCIATES PC CERT 0.00 CHARGE 0.00 6500 MAIN STREET SUITE FIVE COPIES 10.00 DRAWDOWN 85.00 WILLIAMSVILLE, NY 14221 HANDLING 0.00. BILLED 0.00 REFUND 0.00 DOS -1025 (11/89) RUG -85 -2009 08:39 From:MORAN & ASSOCIATES To:633337O State of f New Fork xs; Department of f State paae:A /26 I hereby certify that the annexed copy has been compared with the original document in the custody of the Secretary of State and that the same is a true copy of said original. Witness my hand and seal of the Deparprient of State on NOV 0 7 2000 I>OS -1266 (5196) p. • CT� � E cEL5Y0 (� . r • •,• !NT a •• •.09.... 00 Special Deputy Secretary of State HU:a-'LUb-dWWP bpi: i- r om:11UHHN Y. HUUUUiH I ES 1 0: b i 5� 5 ru Sent. 9y:,; 716 386 9249; Nov -2 -00 i1:55AM; Page 2 F00 1 1 03000 CERTIFICATE OF INCORPORATION OF WESTERN NEW YORK AM (CORPS FUND Under Section 402 of the Not- for - profit Corporation Law The undersigned, being the sole incorporator, for the purpose of forming a corporation under section 402 of the Not - for - Profit Corporation Law of they State of New York, does hereby certify: FIRST: The name of the corporation is Western New York AmeriCorps Fund. SECOND: The corporation is � corporation as defined in subparagraph (a) (5) of section 102 (Definitions) of the Not - for- Profit Corporation Law. T he Corporation is a Type E not - for - pr corporation under section 201 (Purposes) of the Not - for - Profit Corporation Law. The charitable purposes for which the corporation is formed are; (1) To solicit, receive, and maintain a fund for the benefit of charitable endeavors, including, but not limited to, the support of the charitable activities of West Seneca AmeriCorps, a charitable program administered by the Town of West Seneca and funded under the federal National and Community Service Act of 1990, HUa- Wt-iJ_Ub'3 OU: 40 F r om: MURHN & HSSUUIH € Eb I o : b,iU,iU fly F'a9e : b "fib Sent BY: ; 716 388 9245; Nov -2 -00 11.55AM; Page 3 2 (2) To receive and administer funds for charitable purposes and to that end (a) to take and hold by bequest, devise, gift, grant, purchase, lease or otherwise, either absolutelY or jointly with any other person, persons or corporations, any property. whether real, personal, tangible or intangible, or any -undivided i.riterest therein, without limitation as to amount or value; (b) to sell, convey or otherwise disgose Of any such Progerty; a%d (c) to invest, reinvest, or deal with the principal or income thereof, all in such manner e►s, in the judgment of the directors, will best promote the purposes of the corPor'arian without limitation, except such limitations, if any, as may be Contained in the instrument under which such property is received, this certificate of incorporation or any laws applicable thereto, ( d) to modify any restriction or condition an the distribution of funds for any specified charitable purPose or tO specified organizations if In the sole judgment of the board of directors such restriction or condition becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable purposes of the corporation; and. (e) to distribute Property to qualified Charitable Organizations ar for Charitable purposes (as hereinafter defined) in accordance with the terms of gifts, bequests or devises to the corporation not inconsistent with its purposes as set forth-in this certificate of incorporation, or in accordance with determinations made by the board of directors pursuant to this Certificate of incorporation.; Mor HUG - 05-2009 OEP 40 — t- r66 ' &- HSST UIM 65 _ 1 a EY- .i�.3.� (W Sent 'By: ; 758 688 9248; Nov -2 -00 i1:55AM; Page ' 4 3 (3) As used in this Article SECOND, the phrase 'Charitable OrganizatiQna" abdll mean Co trusts, funds, foundations or community chests organized and operated exclusively for Charitable Purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which do not participate or intervene in (i.nci;;Lding the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office, in addition, as used in this Article SECOND, the phrase "Charitable Purposes' shall be limited to and shall include only religious, charitable, scientific, literary, or educational purposes within the meaning of " those terms as used in Section 501(c)(3), or any successor section, of the Internal, Revenue Code of 1886, as- amended, or any successor statute. (the "Code'), and only such purposes as also constitute public charitable purposes under the laws of- the State of New York, (4) To encourage, solicit, receive, accept and acquire contributions by gift, grant, devise, bequest or otherwise, in the form of money, stacks, bonds or other securities, bills, notes and any and all other types of property, both real and personal; to hold and manage such property and collect the income generated therefrom; and to use such contributions and income for the purposes stated herein; HUta- ab -�b09 WH;41 From:MUHHN 2?. PSSUCiHIES 10: (W Hare ;b /eb sent Sy: ; 736 e88 9249; Nov -2 -00 1 t :55AM; Page X 5/7 4 (5) _ To do any other act or thing incidental to or in connection with the foregoing purposes or iri advancement thereof, but not for the pecuniary profit or financial gain of the corporation's members, directors ar officers. (5) Nothing contained in this certificate of incorporation shall, authorize the. corporation to carry on any of the activities set forth in Section 404(a) through (v) of the Not -for- Profit Corporation Law. THIRD: (1) Notwithstanding any other provision of this certif..sate, the Corporation is orga=ized exclusively for charitable purposes as specified in Section 301(c) or 'any successor section, of the Code of and zhall not carry on anY activities not permitted to be carried on by a, corporation exempt from federal income tax under section 501(c)(3), or any successor section, of the code, or by a corporation, contributions to which are deductible under Section 170(C)(2), or any successor section, of the Code, (2) No part of the net earnings of the corporation shall inure to the benefit of any member, director, or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, director or officer of the corporation or any private individual shall be entitled to share in the ,(I HUU -Ut)-i U-WJ UU: 43 F ram: MLJNHN & HUbUCiH I b5 1 0: b,i.ij.S PU Waae: y/Ub Sent By: 718 898 9249, Nov -2 -00 11:55AM; Page 6/7 5 distribution of any of the corporate assets on dissolution of the corporation. (3) No substantial part of the activities of the corporation shall he Carrying on propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h), or any successor section, of the Code), and the corporation shall not participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of or in opposition to any candidate for ,public office. FOURTH: The office of the corporation is to DG located in the County of Srie.aad State of New York. FIFTH: T-he names and addresses of the initial directors of the corporation are: Susan Neubauer AQDRgSS M &T Bank one X&T Plaza Buffalo, Now York 14203 Hugh M. Russ III Mark F. Lazzara Hodgson, Russ, Andrews", Woods & Goodyear One M &T Plaza suite 2000 Buffalo, New York 14203 West. Seneca Youth Bureau 1250 union Road West Seneca, New York 14224 S^" RUC -05 -2009 08:42 From:MORAN & AS5DCIATES To:6333370 Pa9e:10 -'26 Sent 8y: ; 710 888 9248; Nov -2 -00 41:56AM; Fage 717 6 STXTH. Upon disso4.ution of the corporation, whether voluntary or involuntary, after payment of all debts and liabilities of the corporation of whatsoever kind or nature, its remaining funds and other property and rights shall be distributed, granted, conveyed and assigned for one or more exempt purposes Within the meaning of Section 501(c)(3), or 4ny successor section, of the Code, such exempt purpose or purposes to be selected by the director's of' the corporation in the event the directors fail to 34 seleGC, the Now York Supreme Court, Eighth judicial District, shall select such exempt puxPose or purposes. SEVMM, The secretary of state of the State of New York is designated as the agent of the corporation upon whom process against t,e corporation may be served. The post cffice address to which the secretary of State 'shall mail a copy of anY process against the corporation served upon him or her is-, 2001 Union Road, West Seneca, New York 14224, Dated: October� 2000. Susan J, Facer, Esq. Incorporator 242 Londonderry Lane petzville, New York 14068 . � Cj — dar z"i Q, I 74� Vl- n A r vk 0 , �."Kwmw 30 Qn. O a a w any A I - Apt" k k� vg — WV it s z! MW Too PUM vw t o Mn A �W ",� r�� "` }66 ? + ?!e i..'9�_i NMI 5�] M'. �Wi 4M lo 1 I hereby certify that the annexed copy has been compared With the original document in the custody of the Secretary of State and that the same is a true copy of said original. . ♦ ♦ ♦6if++lk +. # V � �" ♦ CO +1�TT WITNESS niy liand and official seal of the Depai - hnnent of State, at the City of Albany, on May 25, 2011. Daniel E. Shapiro First Deputy Secretary of State Rev. 05109 4 110524000 (Y)f CERTIFICATE OF AMENDMENT OF CERTWICATI� QFJNCORPORATION WESTERN NEW YORK AMERICORPS FUND Under Section 803 of the Not - for -Profit Corporation Law of the State of New York FIRST: The name of the corporation is Western New York Americorps Fund. SECOND: The Certificate of Incorporation of the corporation was filed by the Department of State of the State of New York on November 3, 2000. The corporation was formed under the Not -for -Profit Corporation Law of the State of New York. THIRD: The corporation is a corporation as defined in subparagraph (a)(5) of Section 102 of the Not - for -Profit Corporation Law and is a Type B corporation under Section . 201 of such law. Upon the filing of this Certificate of Amendment,. the Corporation shall continue to be a Type B Corporation u*r,,*gA on 12.4.1: of such law, . FOURTH: The Certificate of Incorporation of the corporation is amended to effect one or more of the amendments authorized by the Not - for - Profit Corporation Law and specified in this Certificate. (A) Article First, which. sets forth the name'of the corporation, is hereby deleted'in its entirety and replaced by the immediately following paragraph: ' FIRST: The name of the corporation is The Service Collaborative of WNY, Inc. (B) Article Seventh, which sets forth the address for service of process, is hereby deleted in its entirety and replaced by the immediately following paragraph: SEVENTH: The Secretary of State shall be designated as the agent of the corporation upon whore rocn against the corporation maybe served. The post office address to whi61fie.M }ary.,of'State shall mail a copy of any process against the corporation is 2188 �esteca Street, Buffalo, NY 14210, FIFTH: The change of name of the corporation has been approved by a majority of the board of directors. The corporation has no members. 110524000075 ® C1 SUCH: The Secretary of State shall be designated as the agent of the corporation upon whom process against the corporation may be served. The post office address to which the Secretary of State shall mail a copy of any process against the corporation is 2188 Seneca Street, Buffalo, NY 14210. Dated: May 19, 2011 s/ Jo greenan John Greenan, President X2400 )T CERTIFICATE OF AMENDMENT OF CERTIFICATE OF INCORPORATION • OF WESTERN NEW 'YORK AMERICOR''S FUND Linder Secfiion 803 of the Not -for -Profit Corporation Law of the State of New York STATE OF NEW YO K DEPARP1 OF STATE Cn FILED MAY 2 4 2011 TN l J BY: I � LC Filed by: Michael A. de 5reitas, Esq. Wiliam C. Moran & Associates, P.C. 6$00 Main Street, Suite 5 Williamsvifie NY 14221 r. �a I 10 5 2 4 0 0 0 0 � Customer Ref. #. _- - ? 6 -�'/ SS FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS October 15, 2013 0001 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 10, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Streets Division SUBJECT: [: 2013 — 2014 SNOW REMOVAL [: STANDARD OPERATING PROCEDURE PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to inform your Honorable Body of the department's 2013 — 2014 Snow Removal Standard Operating Procedure. This Document contains the most current listing of snow removal egpuipment, plowing districts, and policies. REFFMP ,ED TO THE COMMITTEE ON F I NA NCE. SJS:PJM:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public-W Parks & Streets SIGNATURE OF DEPARTMENT HEAD: �a li CITY OF BUFFALO Department of Public Works, Parks & Streets Streets Department 2013-2014 . SNOW REMOVAL STANDARD OPERATING PROCEDURE Byron W. Brown, Mayor Steven J. Stepniak, Commissioner of Public Works, Parks & Streets Henry Jackson, Director of Streets& Snow Removal TABLE OF CONTENTS Introduction I Goals ................................................ ..............................2 Snow & Ice Control / Materials Used .................. ..:......3 Weather Event Info / Material Application Guide ......... .......:......................5 Leave Approvals / Glossary of Terms ........................ ......... ......................6 OperationalPlan .................................................. .............................13 Listof Equipment ................................................. .............................17 Snow Drift Areas / Other Special Concerns per Council District..... . ............ 19 PrimaryStreets ............................... ..................... .............................21 SecondaryStreets ................................................. .............................22 Island and.Cul -de -sae Streets ................................. .............................25 EmergencyRoutes ............................................... .............................26 Streets Around Hospitals ........................................ .............................27 Viaducts and Overpasses ...............................:....... .............................28 Off Street Parking Sites ............................ ...........................30 CityFuel Sites ....................................................... .............................32 Buffalo Police Department, ........... ........................ .........:...................33 FireStations ....................................................... .............................34 Hospitals.............................................................. .............................36 Schools............................................................... .............................37 District Spreader Routes.. ....................................... .............................39 GPS Location Services ........................................... .............................66 Mechanical Services .............................................. .............................67 Snow Removal - Non -Snow Day Work ....................... .............................68 Post Storm Report Requirements ............................. .............................69 1 INTRODUCTION Every employee involved in snow and ice operations is responsible to become familiarized with this information. While this guideline provides both general and specific snow and ice control information it is recognized that every contingency cannot be planned for. Changing conditions and other factors will likely require alterations to our everyday or every event snow and ice control practice. GOALS it is our goal as supervision to better educate ourselves and our work force on the technology and practices of snow and ice control. We believe that this booklet will help in this endeavor. It is the City of Buffalo Department of Streets and Sanitation's goal to provide a city street that is passable and safe for vehicular traffic as much of the time as possible with limitations imposed by climate conditions and the availability of equipment, material and personal resources. It is recognized that due to those resource limitations and climate conditions, pavement surfaces will be snow covered and / or slippery some of the time. Vehicle operators must exercise caution. 6 K�% 2 tiJ N I , `J U D SNOW AND ICE CONTROL It is impossible to provide a "bare" or "wet" pavement surface all the time. The characteristics of weather and finite available resources preclude this possibility. It is the goal of snow and ice control for the City of Buffalo Division of Streets to provide the safest possible pavement surface that climatic conditions and available resources will allow. The two general principles regarding effective ice control: • "Prevent Pack —Don't Melt It ": Time application of salt very early in a storm, with appropriate follow -up applications, will generally prevent pack from forming. This strategy is much more effective and safe than trying to remove pack once it has been formed. "if Soft Will Work —Use It ": If conditions are favorable, salt should be the first choice of ice control material. The use of abrasives when salt will work encourages the formation of pack. The overall resource requirements for dealing with pack are far greater than preventing by timely use of salt. MATERIALS USED FOR ICE CONTROL There are three types of materials available for use for snow and ice control in North Erie; Salt, abrasives and liquid anti- icers: • Rock Salt — Rock Salt or Sodium Chloride (NaCl) is the most common and least expensive ice control chemical. The ability of salt to melt ice or form brine is highly temperature dependent. At 30° Fahrenheit, one pound of salt will only melt 6.3 pounds of ice. This characteristic of salt primarily dictates when salt is used. This is the primary conditioner used in the City of Buffalo. • Abrasives (Sand) — Sand is generally the choice for abrasives. Sand has a low initial cost and provides immediate temporary improvement in the 3 frictional characteristics of the pavement surface. A small amount of salt must be added to the sand in order to keep it in workable or spread able condition and have it adhere to the snow or ice. Given our areas nominal winter temperature, a mix of .10% salt or a ratio of B buckets of sand to 1 bucket of salt is recommended. The use of sand is not used in the City of Buffalo because of the potential problems with the sewer system it may cause. • Liquid Anti -leers —There are three types of liquid Anti -leers available for use in the North Erie Region. These are Calcium Chloride (CaC12), Magnesium Chloride (MgC12), and Ice -ban Magic (MgC12) combined with the by- product of the distilling process. There are two methods available in the North Erie Region to utilize Anti - Icers. They are pretreated salt (purchased or treated stockpile) and on board saddle tanks to pre -wet rock salt as it enters the spreader shoot and dedicated pure liquid dispensing units. The wetting of a solid chemical prior to spreading improves the effectiveness of the solid chemical in marry situations. A dry solid chemical requires liquid to become active or go into solution. The process of going into solution is accelerated if a liquid is added to the solid. This is only one of the benefits of pre - wetting. Other advantages include that the salt is spread more uniformly because less waste from bouncing or traffic action, granules adhere to the road better, there is a faster and longer lasting effect, and less solid chemical is required to achieve the same level of service. The application rate for pre - wetting is 7 -10 gallons of solution per ton of salt. CALIBRATION OF SPREADERS It is recorninentled that all spreaders and ground speed controllers be calibrated prior to November 1$ of each year. There are separate calibrations for salt, abrasives and mixes of liquid and salt. As per NYSDOT policy the actual application rates are determined from calibrations will be within 7 '/z % of the target value. To insure that spreader units are applying the calibrated spread rates it is recommended that the gate setting be fixed by drilling and pinning plates. 4 APPLICATION RATE GUIDELINES Selection of the appropriate material and specific application rate is absolutely essential in effective ice control. Selection will be based upon a number of factors such as type and nature of weather event, pavement temperature range and trend surface conditions and frequency of applications. To assist Snow 1 Ice Control operators and supervisors, guidelines are provided starting on page 8. These tables provide guidance on selection of material and application rates for initial and subsequent operations based on expected weather events and pavement conditions. The rates indicated in these tables are based on the Department of Transportation guidelines and those of the Federal Highway Administration. All operators and supervisors should read and understand these tables. WEATHER INFORMATION Accurate weather information is essential to effective snow and ice management. Among the assets to assist in Phis task is color weather radar satellite, accu- weather forecasts, Road Weather Information Systems (RWIS) and the National Weather Service (Buffalo International Airport). In addition, it is recommended that supervision vehicles be equipped with an onboard surface and air thermometer. Use of these sources contributes significantly to snow and ice management by helping make decisions regarding call outs, holdovers, material type, application rates and when to start spreading, when to re -apply material and when to stop spreading. 5 WEATHER EVENT I MATERIAL APPLICATION RATE GUIDE Light Snow Storm TEMPERATURE RANGE AND TREND Above 32 °F steady or rising Above 32 °F, 32 °F or below is immanent Also 20 °F to 32 °F, remaining in range I 50 to 20 °F, remaining in range Below 15 °F steady or falling INITIAL OPERATION SUBSEQUENT OPERATIPNS Pavement Chemical Spread Chemical Spread surface at of Maintenance Action Rate (lb / lane -mi) Maintenance Action Rate (lb / lane -mi) COMMENTS Solid or Solid or initial Liquid pre - wetted Liquid pre�wetted operation solid solid 1.) Monitor pavement temperature closely Dry, wet, None None for drops toward 32 °F and below slush or See See 2.) Treat icy patches with chemical at light snow Comments Comments 115lbs 1 lane -mile, plow if needed cover 1.) Application will need to be more frequent Apply liquid Plow as at lower temperature and higher snowfall Dry or 225 225 needed, 115 -170 115 -170 rates pre - wetted reapply 2.) It is not advisable to apply liquid solid liquid or chemicals at the indicated spread rate chemical solid chemical when pavement temperature drops below 23 11 I= Wet slush Apply when 3.) Do not apply liquid chemical onto heavy or light liquid 225 225 needed snow accumulation or packed snow snow or cover solid chemical Plow as If sufficient moisture is present, solid Dry, wet, Apply liquid needed; chemical without pre - wetting can be slush or or 225 reapply 225 applied light snow pre - wetted liquid or cover solid solid chemical chemical 1.) Chemicals alone should not be applied Dry or Plow as Plow as 2.) Abrasives can be applied to enhance light snow needed needed traction cover Notes CHEMICAL APPLICATIONS (1) Time and initial and subsequent ct =einical applications to prevent deterioration conditions or development of packed WEATHER EVENT / MATERIAL APPLICATION RATE GUIDE Light Snow Storm with Periods of Moderate or Heavy Snow Notes CHEMICAL APPLICATIONS (1) Time and initial and subsequent chemical applications to prevent deterioration conditions or development of packed and bonded snow. (2) Anticipate increases in snowfall intensity, Apply higher rate treatments prior to or at the beginning of heavier snowfall --A^a� i^ rlavalnnmcn} of r%,,Irarl nr hnnrirnrl enrlw (_; Annly chemical ahead ofitraffic rush period occurring during storm. INITIAL OPERATION SUBSEQUENT OPERATIONS Pavement Chemical Spread Chemical Spread PAVEMENT surface at Maintenance Rate (Ib I lane -mi) Maintenance Rate (Ib / lane -mi) EMPERATURE time of Action Solid or Action Solid or COMMENTS initial Li uid q Pre- wetted Liquid pre- wetted solid AND TRENT] operation solid Light Heavy Light 1 Heavy Snow Snow Snow Snow 1.) Monitor pavement temperature closely Above 32 °F Dry, wet, None None for drops toward 32 0 F and below steady or rising slush or See See 2.) Treat icy patches with chemical at light snow Comments Comments I ISibs 1 lane -mile, plow if needed cover 1.) Application will need to be more frequent Above 32 °F, Apply liquid Plow as at lower temperature and higher snowfall 32 °F or below Dry or 225 225 needed; 115- 225 116- 225 rates is immanent pre- wetted reapply 170 170 2.) It is not advisable to apply liquid solid liquid or chemicals at the indicated spread rate chemical solid when pavement temperature drops below Also chemical 23 °F 20 ° F to 32 °F, wet slush Apply when 3.) Do not apply liquid chemical onto heavy remaining in or light liquid 225 225 needed snow accumulation or packed snow range snow or cover solid chemical Plow as If sufficient moisture is present, solid 75 °F to 20 °F, Dry, wet, Apply liquid needed; chemical without pre - wetting can be remaining in slush or or 225 reapply 225 275 applied range light snow pre - wetted liquid or cover solid solid chemical chemical 1.) Chemicals alone should notbe applied Below 1 SOF Dry or Plow as Plow as 2.) Abrasives can be applied to enhance steady or failing light snow needed needed traction cover Notes CHEMICAL APPLICATIONS (1) Time and initial and subsequent chemical applications to prevent deterioration conditions or development of packed and bonded snow. (2) Anticipate increases in snowfall intensity, Apply higher rate treatments prior to or at the beginning of heavier snowfall --A^a� i^ rlavalnnmcn} of r%,,Irarl nr hnnrirnrl enrlw (_; Annly chemical ahead ofitraffic rush period occurring during storm. WEATHER EVENT / MATERIAL APPLICATION RATE GUIDE Moderate or Heavy Snow Storm Notes - CHEMICAL APPLICATIONS (1) Time and initial and subsequent cherrk;al applications to prevent deterioration conditions or development of packed and bonded snow - timing and frequency of susequent applications will be determined primarily by ploying requirements. r.nnjjr4nn'j+jrinn Qf^rrn INITIAL OPERATION SUBSEQUENT OPERATIONS PAVEMENT Pavement - Chemical SpMad ChemicalI'Spread TEMPERATURE surface at Maintenance Rate (Ib / lane - mi) Maintenance Rate (Ib l lane -mi) RANGE time of Action Solid or Action Solid or. COMMENTS AND TREND initial Liquid pre-wetted Liquid pre -wetted operation solid solid Above 32 °F steady or rising Dry, wet, slush or None None 1.) Monitor pavement temperature closely See See for drops toward 32 °F and below light snow Comments Comments 2.) Treat icy patches with chemical at 115 - Above 32 °F cover 170bs / lane -mile low if needed � p s 32 °F or below Dry Apply liquid Plow If desired plowing I treatment frequency i s immanent or pre- wetted 225 225 accumulation 115_17'0 175 -170 not be maintained, the spread rate for and reapp sequent operations can be increased to F22,5-lbs solid liquid or / lane -mi to accomidate operations Also °F Wet slush chemical Apply solid chemical les 2.) Do not apply liquid chemical onto heavy 20 to 32 °F, or light liquid 225 225 when accumilatlons or packed snow remaining in snow or needed range cover solid chemical 25 °F to 30 Apply liquid or Plow' 1.) If desired plowing 1 treatment frequency remaining in Dry pre -wetted accumulation cannot be maintained, the spread rate for solid 225 225 and reapply 225 225 subsequent operations can be increased to range chemical liquid or 225lbs / lane -mi to accomidate longer Wet slush Apply liquid solid operations cycle or light or solid . 225 225 chemical 2.) Do not apply liquid chemical onto heavy snow cover chemical when needed I laocumilations or packed snow 15 °F to 20 Dry, wet, Pre - wetted Plow 1.) If desired plowing / treatment frequency slush or solid 225 accumulation 275 cannot be maintained, the spread rate for remaining in light snow chemical and reapply subsequent operations.can be increased to range cover pre -wetted 325lbs / lane mi to accomidate longer solid chemical aerations s4le Below '!5 °F Dry or Plow as 1.) Chemicals alone should not be applied steady or failing light snow needed Plow a s 2.) Abrasives can be applied to enhance needed traction cover Notes - CHEMICAL APPLICATIONS (1) Time and initial and subsequent cherrk;al applications to prevent deterioration conditions or development of packed and bonded snow - timing and frequency of susequent applications will be determined primarily by ploying requirements. r.nnjjr4nn'j+jrinn Qf^rrn WEATHER EVENT 1 MATERIAL APPLICATION RATE GUIDE Freezing Rain Storm INITIAL C1 ERATION I SUBSEQUENT OPERATIONS PAVEMENT TEMPERATURE RANGE Maintenance Chemical Spread Maintenance Chemical Spread COMMENTS AND TREND Action Rate (lb / lane -mi) Action Rate (lb / lane -mi) Above 32 0 F None, see - 1.) Monitor pavement Temperature closely steady or rising comments None, see Comments for drops toward 32 °F and below 2.) Treat icy patches with chemical at 70- 1151ba / lane -mile Above 32 Apply 70 -115 Reapply 70 -115 Monitor pavement temperatures and precipitation closely 32 °F or below pre - wetted pre -wetted is immanent solid solid chemical chemical ' as needed 20 °F to 32 °F, 1.) Monitor pavement temperatures and precipitation Apply 70 -275 Reapply 70 -275 closely. remaining in pre -wetted pre -wetted 2.) Increase spread rate toward higher indicated rate range solid solid chemical with decrease in pavement temperature or increase chemical as needed in intensity of freezing rain. 3.) Decrease spread rate toward lower indicated rate with increase in pavement temperature or decrease in intensity of freezing rain. 15 °F to 20 °F, 1.) Monitor precipitation closely. Apply 225 -400 Reapply 225 -400 2.) Increase spread rate toward higher indicated rate remaining in pre wetted pre - wetted with decrease in pavement temperature or increase range solid chemical solid chemical in intensity of freezing rain. as needed 3.) Decrease spread rate toward lower indicated rate with increase in pavement temperature or decrease Below '15 0 F In intensity of freezing rain. Apply Appi f ry 1'.) Chemicals alone should not be applied steady or falling abrasives abrasives as needed Notes CHEMICAL APPLICATIONS (1) Time initial and subsequent chemical applications to prevent glaze ice conditions. (2) Anoly chemical ahead of traffic rush period occurring'during storm. WEATHER EVENT I MATERIAL APPLICATION RATE GUIDE Sleet Storm Mores CHEMICAL APPLICATIONS (1) Time initial and subsequent chemical applications to prevent sleet from bonding to the pavement. 01 dnnhv nhamienl nhmprl of traffic rush Deriod occurrinn'during storm. INITIAL OPERATION SUBSEQUENT OPERATIONS PAVEMENT TEMPERATURE Maintenance Chemical Spread Maintenance Chemical Spread COMMENTS RANGE Action Rate (Ib 1 lane -mi) Action Rata_(lb I lane -mi) AND TREND 1.) Monitor pavement temperature closely Above 32 °F None, see !None, see for drops toward 32 °F and below steady or rising comments Comments 2.) Treat icy patches with chemical at 70- 115lbs / lane -mile Monitor pavement temperatures and Above 32 °F, Apply 115 -170 Reapply 115 -170 precipitation closely 32 °F or pre- wetted pre - wetted is immanent solid solid chemical chemical as needed 1.) Monitor pavement temperatures and precipitation 20 °F to 32 °F, Apply 115 -325 Reapply 115 -325 closely. remaining in pre - wetted pre- wetted 2.) Increase spread rate toward higher indicated rate range solid solid chemical with decrease in pavement temperature or increase chemical as needed in intensity of freezing rain. 3.) Decrease spread rate toward lower indicated rate with increase in pavement temperature or decrease in intensity of freezing rain. 1.) Monitor precipitation closely. 15 °F to 20 °F, Apply 225 -400 Reapply 225 -400 2.) Increase spread rate toward higher indicated rate remaining in pre-wetted pre- wetted with decrease in pavement temperature or increase range solid solid chemical in intensity of freezing rain. chemical as needed 3,.) Decrease spread rate toward lower indicated rate with increase in pavement temperature or decrease in intensity of freezing rain. Below 15 °F Apply Apply ° °` 1 , 7 ) Chemicals alone should not be applied steady or failing abrasives abrasives Z.) abrasives can be applied to enhance traction. as needed Mores CHEMICAL APPLICATIONS (1) Time initial and subsequent chemical applications to prevent sleet from bonding to the pavement. 01 dnnhv nhamienl nhmprl of traffic rush Deriod occurrinn'during storm. Vehicles are assigned to every district in the city. However, if there are parts of the City experiencing more snowfall than another, trucks will be reassigned to those areas as needed. Ili. Snow Plowing Conditions When the salt operations no longer are able to handle the snow, snow plowing operations commence. The primary focus in snow plowing is to reach all major streets and arterioles. These major streets and arterioles include bus routes, and those streets that have a hospital, ambulance facility, fire station, and 1 or police station located on them. This action will ensure the continuous operation of these facilities in the event of an emergency. When snowplowing operations commence, all city department heads are put on alert. This alert status is required in the event their assistance is needed to supplement the Department of Street -- Sanitation (hereinafter referred to as the Department) plowing operations. The Commissioner of the Department retains a listing of the number of vehicas, their types, and qualified personnel from other departmerOlT who can operate sn ow-fig hting equipment. After various meetings with the Engineering, Buffalo Sewer Authority, Water, Parking and the Buffalo Municipal Housing Authority, all have agreed to assist in snow removal operations when necessary. All the above mentioned departments have agreed to work in designated areas near their center of operations. However, if it is felt that one area of the city needs more attention, this plan is flexible enough for us to make modifications where needed. This assistance is invaluable when the City enters into Phase 11 of our snow control plan. When snow plowing conditions subside we focus then upon clean up and 1 or removal of snow. This becomes vital to the overall management of snow fighting procedures. Snow that is being removed will be hauled to pre - determined dump sites. The Department returns to Snow Alert Status once the snow removal operations are determined to be under control. Salting once again commences, unless determined otherwise by the Streets Director. IV. Snow Emergency Conditions Snow emergency conditions are those when equipment and manpower, due to the excess accumulation of snow, are such that main roads and emergency facilities can no longer be kept clean and safe. A snow emergency is 15 declared when the Mayor, along with the Commissioner of the Department, determines that the amount of snow falling becomes detrimental to the health, welfare and safety of the public. At this time, all City Department heads are put on alert status, and told to activate their equipment and manpower_ A command center is immediately activated in the ground floor office at the Broadway Garage. The Command Center will have a dedicated phone line, with other phones being made available at the garage. All essential phone numbers, including police stations, fire stations, hospitals, NYS Regional Offices, NYSDOT offices and local media are prominently displayed. Enlarged drawings of each of the districts will also be prominently displayed to track the progress of snow fighting in each district. The Mayor's Director of Communications will coordinate all media inquiries unless otherwise designated, which will be handled through the Command Center. This person(s) is assigned by the Commissioner. The Command Center will remain active until the City has been taken off snow emergency status, and has returned to either snow plowing or snow alert status. The media will be notified to alert residents and businesses of the -4emergency status within the; ,city, as well as driving bans that may be in effect. Since the 1999 -2000 winter seasons, a parking ordinance has been in effect during snow emergency conditions. The rules involve an "Odd -- Even' system of parking. When a snow emergency is declared by the Mayor, if the date is an even date, for example January 2n residents must park on the even side of the street (the side of the street with even addresses). Notification of emergency status, driving bans, and changes in parking rules will be broadcast through local television and radio stations. Where parking restrictions become problematic, off - street parking locations have been identified. We have identified areas for off - street parking, and have made agreements with the owners to utilize their property during emergency conditions. The agreements with the owners state that we will plow the lots for the owner in return for letting neighborhood cars park there to alleviate parking problems during snow plowing and removal. In some instances, the variety of city parking policies can be an issue when snow needs to be cleared from a street in a timely manner. island streets, 9 -4 parking streets, dead -end streets, and streets that have parking all the time on one side or both sides may create problems. If needed outside contractors are enlisted to assist in snow fighting operations. The contractors either report to the Broadway Garage or to a pre- 16 9 - 4 parking streets, dead -end streets, and streets that have parking all the time on one side or both sides may create problems. If needed outside contractors are enlisted to assist in snow fighting operations. The contractors either report to the Broadway Garage or to a pre - determined area where they work under the direct supervision of departmental supervisors. The department is aware of all streets considered primary, secondary, bus routes, and streets that encompass emergency facilities within the City. The NYS Thruway, Route 33, 1 -198 and the Elm - Oak aryerial, are the responsibility of the NYSDOT and NYS Thruway Authority, The Department remains in constant communications with these two f2] agencies throuLrhout anv snow emereency. Residential Street Protocol Within 24 hours of a snow event, the Department's goal is to complete at least one (1) pass on every residential street in the City of Buffalo. The first priority is to always keep primary (main) streets and evacuation routes clear. Because of this, snow accumilation on some residential streets may be greater than usual during severely heavy and continuous snow storms. Number Year Make Description Plow 5 -511 1996 John Deere Wheel Loader Blower 5 -514 2006 John Deere Wheel Loader 10' Rev. 5 -515 2006 John Deere Wheel Loader 10' Rev. 5 -516 2006 John Deere Wheel Loader 10' Rev. 5 -517 2006 John Deere Wheel Loader 10' Rev. 5 -518 2007 John Deere Wheel Loader 10' Rev. 5 -519 2007 John Deere Wheel Loader 10' Rev. 5 -520 2007 John Deere Wheel Loader 10' Rev. 5 -521 2007 John Deere Wheel Loader 10' Rev. 5 -522 2008 John Deere Wheel Loader 10' Rev. 5 -523 2008 John Deere Wheel Loader 10' Rev. 5 -524 2008 John Deere Wheel Loader 10' Rev. 5 -525 2008 John Deere Wheel Loader 10' Rev. 5 -526 Komatso Wheel Loader 10' Rev, 5 -527 Komatso Wheel Loader 10' Rev. 5 -528 John Deere Wheel Loader 10' Rev. 16 High Lifts (Ability to convert to Buckets, Plows, or Blowers (2)J Number Year Make Description Spreader Plow /Wing E -627 2009. Volvo TA Dump 18" 18' Insert 10' Rev. E -634 2009 Volvo TA Dump 18" 18' Insert 10' Rev. 5 -30 -W 1998 Freightliner SA Dump 10" 10'Radius 10' Rev. / Wing 5 -31 1998 Freightliner SA Dump 10" 10'Radius 10' Rev. / Wing 5 -32 -W 1998 Freightliner SA Dump 10" 10'Radius 10' Rev. / Wing 5 -33 -W 1998 Freightliner SA Dump 10" 10'Radius 10' Rev. / Wing 5 -34 -W 1998 Freightliner SA Dump 10" 10'Radius 10' Rev. / Wing 5 -35 -W 1998 Freightliner SA Dump 10" 10'Radius 10' Rev. / Wing 5 -36 1999 Freightliner SA Dump 10" 10'Radius 10' Rev. S -37 1999 Freightliner 5A Dump 10" 10'Radius 10' Rev. 5 -38 -W 1999 Freightliner SA Dump 10" 10'Radius .10' Rev. 5 -39 1999 Freightliner SA Dump 10" 10'Radius 10' Rev. 5 -40 1999 Freightliner SA Dump 10" 1O'Radius 10' Rev. S-49 2002 Volvo TA Dump 18" 17' Insert 10' Rev. S -50 2002 Volvo TA Dump 18" 17' Insert 10' Rev. S -51 2002 Volvo TA Dump 18" 17' Insert 10' Rev. S -52 2003 Volvo TA Dump 18" 17' Insert 10' Rev. S -53 2003 Volvo TA Dump 18" 17' Insert 10' Rev. 5 -55 -W 2004 Volvo TA Dump 16" 16' Insert 10' Rev. /Wing S -56 -W 2004 Volvo TA Dump 16" 16' Insert 10' Rev. /Wing S -57 2005 Peterbilt TA Dump 16" 16' Insert 10' Rev. S -58 2005 Volvo TA Dump 18" 17' Insert 10' Rev. S -59 2006 Sterling TA Dump 16" 16' Insert 10' Rev. S -60 2006 Sterling. TA Dump 16" 16' Insert 10' Rev. S -61 2006 Sterling TA Dump 16" 16' Insert 10' Rev. S -62 2006 Sterling TA Dump 16" 16' Insert 10' Rev. S -63 2007 Sterling TA Dump 16" 16' lnsert 10' Rev. S -64 2007 Sterling TA Dump 16" 16' Insert 10' Rev. S -65 2007 Sterling TA Dump 16" 16' Insert 10' Rev. S -66 2007 Sterling TA Dump 16" 16' Insert 10' Rev. S -67 2008 Sterling TA Dump 18" 17' Insert 10' Rev. S -68 2008 Sterling TA Dump 18" 17' Insert 10' Rev. S -69 2008 Sterling TA Dump 18" 17' Insert 10' Rev. S -70 2008 Sterling TA Dump 18" 17' Insert 10' Rev. 5 -71 2008 Sterling TA Dump 18" 17' Insert 10' Rev. S -72 -W 2008 Sterling TA Dump 16" 16' Insert 10' Rev. / Wing S -73 -W 2008 Sterling TA Dump 16" 16' Insert 10' Rev. / Wing S -74 2008 Sterling TA Dump 16" 16' Insert 10' Rev. / Wing S -75 2008 Sterling TA Dump 16" 16' Insert 10' Rev, / Wing S -76 2008 Sterling TA Dump 16" 16' Insert 10' Rev. / Wing S -77 2009 Sterling TA Dump 16" 16' Insert 10' Rev. / Wing S -78 2009 Sterling TA Dump 16" 16' Insert 10' Rev. / Wing S -79 -W 2011 Freightliner TA Dump 16" 16' Insert 10' Rev. / Wing S -80 -W 2011 Freightliner TA Dump 16" 16' Insert 10' Rev. / Wing S -81 2012 Freightliner TA Dump 16" 16' Insert 10' Rev. / Wing S -82 2012 Freightliner TA Dump 16" 16' Insert 10' Rev. S -83 2012 Freightliner TA Dump 16" 16' Insert 10' Rev. S -84 2012 Freightliner TA Dump 16" 16' Insert 10' Rev. S -85 -W 2012 Freightliner TA Dump 16" 16' Insert 10' Rev, S -259 S -260 2006 GMC SA Dump 10" 8' Insert 9' Rev. S -270 2008 GMC SA Dump 10" 8' Insert 9' Rev. S -271 2008 GMC SA Dump 10" 8' Insert 9' Rev. S -272 2008 GMC SA Dump 10" 8' Insert 9' Rev. S -274 2008 GMC SA Dump 10" 8' Insert 9' Rev, 36 Tandem Dump Trucks /Plow /Spreaders (7 are Wing capable) 10 Single Axel Plow /Spreaders (6 are Wing capable) [8 OUT BEING RE- CHASSIED - 2 ARE IN SERVICE] 6 Small Utility Trucks /Plow /Spreaders Snow Drift Areas 9. Delaware District ❖ Chapin Pkwy — Gates Circle to Forest & Soldiers Place ❖ Colvin — Amherst to Linden •;• Delaware — Hertel to Kenmore — Nottingham to Forest (Both Sides) +t• Main — Kenmore to Niagara Falls Blvd. ❖ Kenmore — Main to Chpen ❖ Hecla — Kenmore to St. Lawrence +.• Parkside — Starin to Tacoma — Humboldt to Jewitt Pkwy 2. Ellicott District �:• Louisianna — Miami to South +.• Ohio — All + +� South Street —Ali +2• Ganson Street —All +S Hamburg -- Republic to South •.* Griffin & Exchange ❖ All Dead Ends off Republic — Kentucky; Tennessee; Vincennes; Alabama; Vandalia; Hopkins (Bell to Tifft) +ro+ Emalie — Howard to William ;• Jefferson — Swan to Clinton •o• Spring -- Seneca to Clinton =t+ Pine -- Clinton to Swan 4- South Division — Pine to Swan :+ Eagle — Michigan to Swan *:* Pine — South Division to Broadway •:+ William — Michigan to Jefferson +.• Hickory -- South Division to Broadway 3. F'illmore District •.+ Memorial Drive •,• Mills •S Lathrop ❖ Walden & Sycamore •:+ Gibson — By Sattlers Parking Lot d• Sprenger — Hemmingway to Doat 4• Countess — Genesee to Hemmingway ❖ Sycamore — Howlett to Gittere •S Curtiss — Peckham to Newton 19 4. Lovejoy District 4e Weiss & Dingens ❖ Dorothy near Gilbert •.+ Ogden & Richard Drive •:* Depot near Howard +:• Central near Lovejoy •;* William across US Post Office •:+ Greene & King 4- Babcock near William *:+ James E. Casey :• Bailey — William to Clinton • +• South Ogden near Mineral Springs •.+ Pillmore & William •.+ Elk near Babcock 5. Niagara District +.• Niagara — Porter to Connecticut *:• Niagara — Hampshire to Busti •.+ Niagara — Potomac to Bird 4e 7tn Street — Massachusetts to Busti *.• 7 t " Street — Porter to Connecticut ❖ Busti — Hampshire to Massachusetts ❖ ' Busti — Vermont to Porter 4,4 -. Prospect — Pater to Connecticut 6. North District •;• Race & Military; Military — Hertel -- Hinman Brass Plant • River Rock Drive • Tonawanda — Crowley to Vulcan •;+ Niagara — Ontario to Vulcan •,• Elmwood — Hertel to Kenmore •*• Seabrook — Vulcan to Roesch ❖ Page — Lawn to Race 7. University District ❖ Bailey to Main 4* Fillmore at Delavan •.+ Grider from Pembroke — Kensington 4e Manhattan Central Park to Grill +:• Berkshire — Parkridge top Amherst +:+ Eggert — Expressway to Delavan +•r Kensington — Grider to Fillmore Note: Where practical, these are potential snow fence locations. 20 Primery Streets STREET NAME Main FROM Goodell TO Bailey DISTRICT Delaware l North MILES OF STREET 6 AVERAGE WIDTH 60' # OF PASSES 6 MILES PLOWED 36 Delaware Church Kenmore Delaware 1 North 5.1 67' 6 30.6 Elmwood Eagle Kenmore Delaware 1 North 4.3 56' 6 25.8 Hertel Niagara Main North 3.9 55' 5 19.5 Kenmore Vulcan Main North 4.5 20' 2 10 Amherst Niagara Main North 3.3 42' 4 13.2 Parkside Agassis Starin North 1.7 50' 5 8.5 Ontario Niagara Kenmore North 1.3 40' 4 5.2 Tonawanda Niagara Kenmore North 2.1 43' 4 8.4 Niagara Eagle City Line Niagara 1 North 5 60' 6 30 Richmond North Forest Niagara / Delaware 1.7 50' 5 8.5 Porter LaSalle Richmond Niagara 1 50' 5 5 Humboldt Gillette Parkside Masten 1 North 0.3 26' 3 0.9 Humboldt Northampton East Delavan Masten . 0.5 40' 4 2 Humboldt Northampton Agassis,Circle Masten 1 40' 4 _4.. "Genesee Main City Line Masten l Fillmore 4.3 58' 6 25,8 East t=erry Main Bailey Masten 1 Fillmore 1.4 40' 4 5.6 Sycamore Oak Walden Masten I Fillmore 2.7 42' 4 90.8 Broadway Niagara Square City Line Masten 1 Ellicott 3.8 60' 6 22.8 Clinton Pine City Line Masten / Ellicott 3.4 60' 6 20.4 Ohio Michigan Fuhrman Blvd. Ellicott 1.6 42' 4 6.4 South Park Main . City Line Ellicott 1 South 4.6 49' 6 23 Seneca Terrace City Line Ellicott 1 South 4.7 47' 5 23.5 Abbott South Park Lackawanna South 2.2 41' 4 8.8 Fuhrman Blvd City Ship Canal City ine ty South 3.1 42' 4 13.2 Tifft Fuhrman Blvd. McKinley South 2.1 42' 4 8.4 Hopkins South Park Botanical Gardens South 1.4 40' 4 5.6 North Ogden William Broadway Lovejoy 0.9 40' 4 3.6 North Ogden Mineral Springs William Lovejoy i.4 40 4 5.6 William Broadway South Ogden Lovejoy 1 Ellicott 3.6 58' 6 21.6 Kensington Main Eggert University 2.9 40' 4 11.6 Bailey South Park Main Multiple 7 58' 6 42 Michigan Ohio Main Multiple 3 42' 4 12 Fillmore Smith Main Multiple 4.5 50' 6 22.5 Jefferson Exchange Main Multiple 3.4 48' 5 17 21 Secondary Streets STREET NAME FROM TO DISTRICT MILES OF STREET AVERAGE WIDTH # OF PASSES MILES PLOWED Swan Pearl Michigan Ellicott .6 38' 4 2.4 South Division Main Michigan Ellicott .3 36' 4 1.2 North Division Main Michigan Ellicott .3 32' 3 .9 Eagle UpperTerrace Michigan Ellicott .5 44' 4 2 West Mohawk Niagara Main Ellicott .4 40' 4 1.6 Upper Terrace Main Elmwood Ellicott .2 34' 3 .6 Church Upper Terrace Main Ellicott .4 60' 6 2.4 Court Seventh Main Ellicott .4 48' 5 2 . Perry Michigan Smith Ellicott 1.3 36' 4 5.2 Elk South Park Smith Ellicott 1.2 42' 4 4.8 Emslie Seneca Broadway - Ellicott 1.1 28' 3 3.3 Smith South Park Fillmore Ellicott .7 38' 4 2.8 Howard Jefferson Smith Ellicott 1 28' 3 2.1 So Louislanna Ham Ellicott .3 30' 3 .9 Hamburg So Seneca Ellicott :g 38' 4 3.6 Louisianna Ohio Ellicott 1 42' 4 4 Elk Smith Bailey Ellicott 1 42' 4 4 Washington Tupper South Park Ellicott 1.3 42' 4 5.2 Ellicott Seneca Tupper Ellicott 1 Masten . 1.1 44' 4 4.4 Oak Tupper Seneca Ellicott 1 Masten 1.1 48' 5 5.5 Elm Seneca Tupper Ellicott I Masten 1:1 48' 5 5.5 Huron Niagara Oak Ellicott 1 Masten .5 38' 4 2 Chippewa Elmwood Genesee Ellicott I Masten .4 38' 4 1.6 Tupper Elmwood Michigan Ellicott I Masten .4 30' 3 1.2 Goodell Main Expressway Masten .4 44' 4 1.6 Cherry Michigan Expressway Masten .1 32' 3 .3 Northland Main Grider Masten . 8 30' 3 2.4 Carlton Main Jefferson Masten .7 30' 3 2.1 Northampton Main Fillmore Masten 1.1 28' 3 3.3 Hest Genesee Main Masten 1.5 42' 4 6 Masten North Main Masten 1.2 30' 3 3.6 East Utica Main Fillmore Masten 1.3 32' 4 5.2 Forest Niagara Delaware Delaware 1 Niagara 1.6 47 ' 5 8 Pearl Tupper Upper Terrace 1 Ellicott I Niagara 1 46' 5 5 Franklin Upper Terrace Tupper I Ellicott/ Niagara 1 38' 4 4 22 Se22adaiy Streets Contd. STREET NAME FROM TO DISTRICT MILES OF STREET AVERAGE WIDTH # OF PASSES MILES PLOWED West Ferry Niagara Main Niagara 1.8 44' 4 7.2 Massachusetts Busti West Ferry Niagara .8 30' 3 2.4 West Utica Massachusetts Main Niagara 1.2 42' 1 4 4.8 West Delevan Niagara Main Niagara 1.8 40' 4 7.2 Lafayette Niagara Main Niagara 1.8 38' 4 7.2 Grant Hampshire Military Niagara 2 36' 3 6 Hampshire Busti West Ferry Niagara 8 32' 3 2.4 Elk South Park Seneca Ellicott ! South 1.5 46' 5 7.5 Southside South Park Seneca South 1 34' 3 3 North Legion Southside Cazenovia South .8 38' 4 3.2 South Legion Southside Cazenovia South .8 28' 3 2.4 Cazenovia Abbott Seneca South .4 42' 4 1.6 McKinley Dorrance Bailey South 1.8 54' 5 9 Red Jacket McKinley _ Abbott South .2 50' 5 1 _ Stevenson Abbott Seneca South .3 32' 28 J 3 3 - 0.9 3 ,W oodside r South P ark _ Potter's South. T. Elk Bailey ~ ~ Sen ~ Fields South _ .2 40' 4 0.8 Indian Church Seneca South .4 36' _ 4 1.6 P kwy Seneca Abbott South .6 Varies 2 12 Pazenovia Seneca Cazenovia South .2 Varies 2 1 0.4 Potters Abbott City Line South ,7 28' 3 2.1 East Amherst Main Bailey University 1.4 40' 4 5.6 Eggert East Delevan City Line University 1.4 36' 4 5.6 Winspear Main Eggert University 1.1 40' 4 4.4 Dewey Main Castle University .8 28' 3 2.4 Olympic Delevan Kensington University .8 34' 3 2.4 Parkridge Kensington Winspear University .8 28' 3 2.4 Comstock Kensington Winspear University .8 28' 3 2.4 Suffolk Delevan Winspear University 1.6 28' 3 4.8 Walden Genesee City Line Fillmore 1.9 42' 4 7.6 Paderewski Smith NY Central Fillmore .4 40' 4 1.6 Herman Broadway Best Fillmore .7 30' 3 2.1 Peckham Smith Memorial Fillmore 2 40' 4 4.8 Memorial William Broadway Fillmore 8 50' S 4 Doat Genesee City Line Fillmore 1.1 32' 3 3.3 Sprenger Genesee Doat Fillmore .2 30' 3 0.6 Hinman Military Delaware North .9 34' 3 2.7 23 SecondM Streets Contd, STREET NAME FROM TO DISTRICT MILES OF STREET AVERAGE WIDTH # OE PASSES MILES PLOWED Tacoma Delaware Starin North 1.8 28' 3 5.4 Starin Kenmore Amherst North 1.2 40' 4 4.8 Vulcan Niagara Kenmore North ,g .18' 2 1.8 Esser Tonawanda Skillen North .6 30' 3 1.8 Hotaling Tonawanda Niagara North .2 36' 4 .8 Sanders Delaware Hobmoor North .6 28' 3 1.8 St. Lawrence Delsan Starin North .6 28' 3 1.8 Shoshone Tautan Hertel North .4 28' 3 1.2 Depew Main Parkside North .6 40' 4 2.4 Linden Delaware Parkside North .7 40' 3 2.1 Jewett Parkside Main North .4 30' 3 1.2 Niagara Falls Blvd. Main Kenmore North .3 40' 4 1.2 Nottingham Elmwood Amherst North 1.1 32' 3 3.3 Austin Military Niagara North .6 36' 4 2.4. . 'Military Am herst Kenmore North 1.5 42' 4 6 t' Ca vanlvinf Amherst Kenmore North 1.2 50' S g Parker Main Tautan "North 1 30' 3 3 Babcock William Elk Lovejoy .6 36' 4 2.4 Stanley Bailey Greene Lovejoy .2 30' 3 .6 Vanderbilt Greene Schiller Lovejoy .4 28' 3 1.2 Ludington Bailey City tine Lovejoy .7 28' 3 2.1 Dingens Bailey City Line Lovejoy .8 36' 4 3.2 Frank Mineral S Field Lovejoy 2 26' 3 .6 North Ogden Broadway Richard Lovejoy .2 40' 4 .8 Richard North Ogden South Ogden Lovejoy .1 30' 3 .3 South Ogden Richard Mineral Springs L gVe j oy .4 40' 4 1.6 Mineral Srins Seneca South Ogden Lovejoy . .6 36' 4 2.4 North Main Richmond Delaware .6 30' 3 1.8 Allen - Wadsworth Main Delaware 5 36' 4 2 Linwood North Delevan Delaware 1.4 38' 4 5.6 Lincoln Pkwy Bidwell Forest Delaware .4 44' 4 1.6 Bidwell Pkwy Richmond Lincoln Pkwy Delaware 1 6 70' 6 3.6 Chapin Pkwy Lincoln Pkwy Lafayette Delaware .6 70' 6 3 24 Island and Cut -de -sac Streets District 10 DorchesterlNiagara Days ParklEllicott Argyle /North Johnson Pkwy /Ellicott St Catherine Ct/Delaware Arlington Pkwy /Ellicott District 14 Linden /Ellicott Norway /Ellicott Viola /Masten Beverly /Masten Brunswick/Masten District 12 Pelham /University AllenhurstlUniversity Capen /University LincolnrDelaware /North Penhurst/Delaware Radcliff /University LarchmontlLarchmont University /University Middlesex/Delaware Shoreham /North 1=ordhamlNorth Bedford /North Chatham /North Middlebury/North Randwood /North New Amsterdam /Delaware District 15 Roanoke /South Seminole /South St. Mary/Lovejoy Academy /Lovejoy District 16 Ridgewood /South Culver /South Harding /South Coolidge /South Tuscarora /South Duane /Delaware Linview Terrace /Delaware Willowlawn /Delaware 25 Emergeng Routes NFTA Metro iP rimary Emeraencv Bus Routes Nil MILES BUS ROUTE FROM TO OF STREET 1 William Downtown Lovejoy I Goethe 4.4 2 Clinton City Hall Femwood 4.4 3 Grant Downtown Vulcan, via Grant and Ski(len 7.2 4 Broadway Downtown City Line 4.4 5 Niagara Downtown Vulcan 6.4 6 Sycamore Waterfront Randolf 5.3 7 Baynes 1 Downtown Forest/ Richmond, via Franklin, North, Richmond Richmond, Baynes 4.4 B Main Downtown City Line 6.2 11 Colvin Downtown City Line, via Delaware, Amherst and Calvin 6.3 Main & Kensington 1 Hunley, via East Utica, French, 12E East Utica Utica Kehr, Ferry, Bailey, Larngfield, Eggert and Kensington 8.5 Main & Bailey 1 Highgate, via Main I Ferry, Grider and 12W West Utica Utica Kensington I Bailey _ 4.8 14 Abbott Downtown A bbott l Greenwood, v Sout Park and Abbott 6.6 15 Sen Do wntow n City Lin 5.3 1 So uth Pa D6wntr w�i City tine - _ 6.1 17 Kensington 1 Delevan City Line, via Main and Kensington Williamsville Station 7.1 18 Jefferson Delevan Station Delevan and Jefferson 7.4 Campus 19 Bailey Station McKinley Circle Bailey 10.1 20 Elmwood Downtown City Line 5.8 22 Porter I Best Lakeview 1 Jersey Walden /.Bailey, via Porter, Summer and Best 4.7 Fillmore ! South Watergate Apartments, via Fillmore,. Main, and 23 Hertel Park 1 Lee Hertel 9.8 24 Genesee Amtrak Buffalo City Line 5 25 Delaware Downtown City tine 6.1 26 Delevan Delevarl 1 Niagara Delevan 1 Preston 5.5 29 Wholers Main 1 Jefferson Hudson 1 Effner 4.9 Main 1 Tonawanda / Vulcan, via Main, Kenmore, 30 Kenmore Bailey Milita , Ontario, Nia araandTonawanda 5.3 31 Ogden 1 Tifft Broadway Nasson Loop, via McKinley Circle 1 Baile 6.8 Babcock William Clinton Babcock William Babcock Station (Used By All Buses) 0.2 Babcock Station (Used By Service Trucks, Not Babcock Clinton Buses ) 0.5 via Starin, Parkside, Florence, Main and 39 Parker Kenmore Delevan Nil Streets Around Hos itals STREET NAME FROM TO DISTRICT MILES OF STREET AVERAGE WIDTH # OF PASSES MILES PLOWED Choate South Park Abbott South .6 28' 3 1.8 Lorraine Abbott McKinley South .2 28' 3 .6 Hodge Ashland Delaware Delaware .3 30' 3 .9 Bryant Richmond Main Delaware .8 28' 3 2.4 Carolina Seventh Niagara Delaware .1 30' 3 .3 Grider East Ferry Leroy University 1.2 37' 4 4.2 Benwood Main East Morris University .2 30' 3 .6 Kingssley Humboldt Wohlers Masten .1 26' 3 .3 High Main Michigan Masten .3 30' 3 .9 Goodrich Elk Michigan Masten .2 30' 3 .6 Barton Auburn Lafayette Niagara 1 26' 3 .3 Seventh Court Carolina Ellicott .3 38' 4 1.2 Pine Swan B - oadway Ellicott .8 36' 1 4 3.2 1 27 Viaduct List L District 1 ➢ Subway or Overpass ❑ Porter Avenue over Thruway 11. District 2 ➢ Bridge or Viaduct ❑ Military Rd. -- North of Chandler ❑ Military Rd. — South of Hinman ❑ Tonawanda St — at Amherst ❑ Austin St — East of Tonawanda St. ❑ Niagara St — North of Tonawanda St (2 Subways) ❑ Skillen St — Between .Ontario and Military Rd ❑ Hertel Ave. — Between Military and Tonawanda St ❑ Niagara St. — near Forest ❑ - Hamilton —Austin — Hertel — from Niagara to dead -end, Hertel west of Niagara ❑ Delaware Ave — between Knox and Linden ❑ Colvin Ave — between Crescent and Linden ❑ Parkside Ave — Between Depew and Linden Subway or Overpass ❑ Main St — between Jewitt and Rodney ❑ Main St — at Kensington ❑ Grant St -- South of Amherst over Thruway 111 District 3 Bridge or Viaduct ❑ Fillmore and Northland ❑ East Ferry — West of Grider ❑ Suffolk — between Oakmont and Roosevelt ➢ Subway or Overpass ❑ Kensington Ave — between East and West Humboldt ❑ East Ferry — between Humboldt Pkwy and Expressway ❑ Fillmore — South of Kensington ❑ Deerfield Ave — between Kensington and Pembroke ❑ East Utica — between Fillmore and Wohlers ❑ Best — Linden and Herman 0 Best — between Herman and Expressway IV. District 4 ➢ Bridge or Viaduct ❑ French -- between Barthel and Kehr ❑ Fougeron between Barthel and Kehr ❑ Delevan and Olympic ❑ Genesee St — Between Colorado and Leslie ❑ Walden Ave — Walden and Sycamore ❑ Genesee St — between Wadmuth and Roetzer ❑ Goodyear — between Sycamore and Empire ❑ Miller — between Sycamore and Empire © Sycamore St — between Lathrop and Howlett 28 ❑ Broadway at Memorial Drive ❑ East Ferry — between Colorado and Leslie ❑ North Doat — between Rapin and Rustic ❑ East Ferry — West of Grider St ❑ Swan and Seneca ❑ Van Rensselaer — between Perry and Exchange ❑ Louisianna St — between and Seneca and Thruway ❑ Ohio — South of Ganson ❑ Smith St — between Perry and Thruway ❑ Clinton and Bond ❑ Emslie and Eagle Subway or Overpass ❑ Bailey Ave - between West Shore and Broadway ❑ East Ferry — between Humboldt and Expressway ❑ Michigan — between Scott and Seneca ❑ Hamburg St — between Seneca and Fulton ❑ Seneca St — between Hamburg and Larkin ❑ Hamburg and Expressway at Perry ❑ South Park — between Katherine and Elk ❑ South Park over Buffalo River ❑ Elk St -- between Smith and Lee ❑ Ohio Street.— between Ganson and Fuhrman Blvd V. DhI ict 5 ➢ Bridge or Viaduct ❑ Clinton and Fillmore ❑ William and Fillmore ❑ William and Ogden ❑ Broadway and North Ogden ❑ Smith and Oneida ❑ Bailey Ave — between William and Dingens ❑ Clinton — between Olsen and Roberts ❑ Perry and Milton ❑ Howard — East of Fillmore ❑ Babcock and Quinn ➢ Subway or Overpass ❑ South Ogden St — between Griswald and Dingens ❑ Bailey Ave — between Seneca and Clinton ❑ Bailey Ave — between Stanley and Broadway ❑ Babcock — between Seneca and Clinton ❑ South Ogden — between Mineral Springs and Seward W Off Street Parking Sites Delaware District 1466 Hertel Ave. 1509 Hertel Ave. Ellicott District 339 Hudson across Orton 198 Allen St, 252 Allen St. 92,102,104 Orange St. Fillmore District 843 -849 Seneca St. 132, 134 Clare St. 248 Gibson 1193 Broadway 612 Fillmore Lovejoy District 1111 Lovejoy Ave. 1177 Lovejoy Ave. Masten District 1406 Fillmore Ave. 866 Delavan 1354 Jefferson Ave. *283 -289 Glenwood Niagara District 182 -186 Grant St. 6 Essex St. 304 West Utica St. 301 Bryant St. *37, 43, 53, 55 Auchinvole *274, 278, 280 Breckenridge 30 North District 569 -573 Forest 195 Military 378, 380 Military 394, 396 Hertel Ave. 186 Hertel Ave. 641 Hertel Ave. 817 Tonawanda St. (backed up to Troy Pl.) Foot of Farmer South District 2317 Seneca St. University District 18 W. Winspeor 22 -26 Heath St. 3274 Main St. 3102 Bailey Ave. *Denotes same lot with 2 different access addresses 31 Parks Garage 1 Meadow View Terr. Unleaded / Diesel 4000 Gal. (UIL) 4000 Gal. (Diesel) Phone: 884 -9601 Police Garage 341 Seneca St. Unleaded / Diesel 8000 Gal. (UIL) 3000 Gal. (Diesel) Phone: 851 -4709 Broadway Garage 197 Broadway Diesel 12000 Gal. Tank Phone: 8512.5347 Engine 25 So. Side /Seneca Diesel 1000 Gal. Tank Phone: 827 -8977 Engine 31 2025 Bailey /Doat Diesel 1000 Gal. Tank Phone: 896 -4960 City of Buffalo Fuel Sites Engine 34 Engine 3 2837 Main /Mercer 609 Broadway Unleaded Diesel 550 Gal. Tank 1000 Gal. Tank Phone: 834 -4612 Phone: 851 -4425 Engine 1 132 So-Division /Ellicott Diesel 1000 Gal. Tank Phone: 851 -5969 Engine 16 Jefferson /Kingsley Diesel 1000 Gal. Tank Phone: 884 -1839 Engine 32 Engine 4 700 Seneca /Swan 935 Abbott/Hollywood Diesel Unleaded 1000 Gal. Tank 500 Gal. Tank Phone: 851 -4804 Phone: 827 -8457 Broadway Lube Engine 37 Main Floor 500 Rh.lsland 197 Broadway Diesel Phone: 851 -5941 1000 Gal. Tank Phone:884 -1526 Broadway Lube Mechanic's Shop 197 Broadway Phone: 851 -4556 Engine 38 Colvin /Linden Diesel 1000 Gal. Tank Phone: 851 -4864 32 Buffalo Police Department Police Headquarters 851 -4444 74 Franklin St, Buffalo, NY 14202 A — DISTRICT 851 -4409 851 -4415 1847 South Park Ave, Buffalo 14220 Chief Patrick Pascall Captain Henry Baranski Captain Philip Serafini B — DISTRICT 851 -4403 695 Main Street, Buffalo 14202 Chief Brian Patterson Captain William Blake C - DISTRICT 851 -4412 693 East Ferry Street, Buffalo 14211 Chief Michelle Kubala Captain Albert Liberatore Captain Mark Maraschiello D — DISTRICT 851 -4413 669 Hertel Avenue, Buffalo 14213 Chief Anthony Barba Captain Gregg Blosat Captain James Fagan E — DISTRICT 851 -4416 2767 Bailey Ave, Buffalo 14215 Chief Fred D. Young Captain David Stabler 33 Buffalo Fire Department Headquarters: 859 -5333 Service Station 855 -8722 Court & Staats Fire Investigation Bureau 851 -4515 155 Ohio Street Fire Communications 851 -5510 - 332 Ellicott Block Fire Prevention Bureau 851 -5707 312 City Hail Fire Training Bureau 681 -101'1 3359 Broadway, Cheektowaga 14225 ♦ Engine 1 - Ladder 2 855 -9790 132 Ellicott and South Division District 'I ♦ Engine 2 886 -0925 376 Virginia & Elmwood ♦ Engine 21 — Ladder 6 — Rescue 1 881 -9803 1229. Jefferson and Kingsley ♦ Engine 19 886 -9216 209 Forest Ave. & Hawley ♦ Engine 37 — Ladder 4 886 -8886 500 Rhode Island and - Chenango District 2 ♦ Engine 26 877 -9336 703 Tonawanda & Progressive ♦ Engine 36 — Ladder 13 877 -9453 860 Hertel Ave. ♦ Engine 38 877 -9243 398 Linden and Colvin 34 District 3 ♦ Engine 23 851 -5913 3226 Bailey Ave ♦ Engine .31 — Ladder 14 851 -9679 2044 Bailey Ave ♦ Engine 33 896 -9025 1720 Fillmore & Buehl ♦ Engine 34 — Ladder 7 836 -9570 2837 Main and Mercer District 4 ♦ Engine 4 825 -8919 939 Abbott and Hollywood ♦ Engine 22 896 -9101' 1528 Broadway (near Wick) ♦ Engino 32 — Ladder 5 855 -8819 700 Seneca (near Swan) District 5 ♦ Engine 25 — Ladder 10 825 -9210 517 Southside & Seneca ♦ Engine 28 896 -9778 1170 Lovejoy (at Gold) ♦ Engine 35 — Ladder 15 825 -9348 1512 Clinton St. & Bailey 9 Division of Engineering will be available for plowing by request (857 -5685) 35 Hospitals District 1 ➢ Niagara Family Health Center 859 -4110 300 Niagara Street ➢ Women and Children's Hospital 878 -7000 219 Bryant Street ➢ Millard Fillmore 887 -4600 3 Gates Circle District 3 ➢ Roswell Park 845 -2300 Elm & Carlton ➢ St Francis 837 -4200 34 Benwood Ave ➢ Sisters of Charity 862 -1000 2157 Main Street ➢ Veterans Administration Medical Center 834 -9200 3495 Bailey Ave Erie County Medical Center 898 -3000 462 Grider Street District 4 ➢ Sheehan Memorial 848 -2000 425 Michigan Ave District 5 Mercy 826 -7000 565 Abbott Road 36 D'Youville Porter Campus School# 3 816 -3120 Buffalo Elementary School of Tech. #6 846 -3767 Poplar E C. C. #11 816 -3140 E.C.C. #17 816 -3150 Dr. Antonia Pantoja #18 816 -3160 Native American Magnet #19 816 -3180 Hillery Park Elementary #27 @ #28 816 -4770 Frank A. Sedita Elementary #30 816 -3220 Harriet Ross Tubman #31 816 -3780 Bennett Park Montessori #32 @ #63 816 -3410 Bilingual Center #33 816 -4783 Schools Bilingual E. C. C. #36 816 -3210 Futures Acadamy #37 816 -3800 Dr. Martin Luther King Multicultural Inst. #39 816 -3240 #43 Academy @ #71 816 -3260 International School #45 @ #4 (Grades 4 -8) 816 -3760 International School #45 @ #40 (Grades PK -3) 816 -3806 Community School #53 816 -3330 Dr. George Blackman E. C. C. #54 816 -3340 Dr. Charles R. Drew Science Magnet #59 816 -3370 (Museum) 816 -4440 (Zoo) E.C.C. #61 816 -3400 Frederick Law Olmsted #64 816 -3420 Roosevelt E. C. C. #65 816 -3430 North Park Middle #66 816 -3440 Discovery School #67 816 -4922 Houghton Academy #69 816 -4794 Lorraine Elementary #72 816 -4809 Hamlin Park Elementary #74 816 -3490 Herman Badillo Bilingual Academy #76 @ #77 816 -3848 Montessori #78 816 -4020 Pfc. William J. Grabiarz #79 816 -4040 Highgate Heights #80 816 -4050 School #81 816 -4060 E. C. C. #82 816-4070 Erie County Health Care Center for Children #84 , 897 -8080 WA Dr, Lydia T. Wright Academy School Riverside Institute of School of Excellence #131 @ #44 Tech. #205 #89 816 -3270 (Grades 11 -12) 816 -4110 816 -4360 Frederick Law Dr. Charles R. Drew Olmsted #56 @ Riverside Institute of Science Magnet #90 Kensington Tech. #205 @ #51 816 -4120 816 -4330 (Grades 9 -10) 816 -1400 B.U.LL.D. Academy Buffalo Academy for #99 Visual & Performing South Park #206 @ 816 -4140 Arts #992 187 816 -4220 816 -3868 Southside Elementary #93 City Honors #195 @ Leonardo da Vinci 816 -4818 #56 (Grades 5 -6) #212 816 -3350 816 -4380 West Hertal Elementary #94 City Honors #195 @ Burgard #301 816 -4150 #6 (Grades 9 -12) (Grades 11 -12) 816 -3130 816 -4450 Wa ter fro nL Elementary #95 Math, Science & Burgard @ #171 816 -3900 Tech, Prep. School @ (Grades 9 -10) Grover #198 816 -3480 Campus West #9.6 816 -4500 888 -7128 Emerson School of International Prep. Hospitality #302 Harvey Austin School School @ Grover 816 -3018 #97 #198 816 -4460 816 -4306 Hutchison Central Technical #304 Stanley Makowski Bennett #200 816 -3888 E. C. C. #99 816 -4250 816 -4180 McKinley #305 Grover Cleveland 816 -4480 Occupational Training #202 Center #42 816 -4300 East #307 816 -3250 816 -4520 Lafayette #204 816 -4340 Middle College #335 851 -3763 38 SPREADER STREET ROUTES DISTRICTS 2 10 4 3 ;X6 12 9 14 10 13 12 X 16 Z 15 74 17 15 19 1.6 18 20 39 0 �' •�,��'� 1�l1�1111 4; iv R&I'D po ,.. � I• � ■ , WA Immor 1� OR"` '. � 1 I P R O E fill ��:ollowN■i'�! X1111_ ='— I�lll� fill, ��� ���Intl� ,.' �I'� 1!'i��... [� �rnrJ�lrll�" =11111110 Ir�lll.�� ®�_Qr�. 1,1111 1 - �� Ill 10 1 Fla 1i � R R AM I For =� I ar�i��I����. ■= � E��11�11� �Ar��.rr�•�•� to m ��►, �v wx wmw��Nff 39 1 Ito �i� RRIZ I I 11 ®R, RN 0. MUM I * r _ , VIII ,� 06 ♦ l�r� M IF r 1j , 1 ti 4; w a r ► 1!1 rw�i �' #111114l.1�l��■ /. WIMMI_ NJ C- :�amIII low moll Noll a, Now ■mm usm sm��► �■. 1111111 ',Clli�l1�::1� Nook WL �.., ..... �+ ■■ter w�1��■r ► �.►� 11 �� .... r. �� rr is ■ a� ..� RM" 60 P- K91 I'vis z !.dm �r r II IMWHn��_�� � •���I��f * 1 1171135-41 r IIIIII�,� RAI � fillip, �r■��.�v - ` it. a os 11 I��1I1�11f1h IIII� #�rI � i W ` �j # ill y_ w1m V di �i1111I1L1 1 Nam R= ig )p % I District 114 Primary Spreader Route STREET FROM TO Main Tupper W. Delavan Harvard Main W. Delavan Franklin Tupper North Linwood North Delavan Elmwood Niagara Forest Delaware Tupper Forest W.Delavan Richmond Main Ferry Richmond Main W. Utica Richmond Main Summer Richmond Main North Richmond Main Wadsworth North Allen Allen Wadsworth Main West Pennsylvania Trac Tracy West Elmwood Niagara Pennsylvania Elmwood Seventh Pennsylvania Virginia Seventh Carolina Court Busti Penns Ivania Virginia Court Elmwood End Jackson Alley Church Court West Genesee Thruway Upper Terrace Church Thruway Uppw Terrace Lower Terrace Court Main 40 District 1 14 Secondary Spreader Route STREET FROM TO Lincoln Pkwy Bidwell PkwY Forest Bidwell PLPff Richmond Lincoln P Chapin Pkwy Lincoln P Lafayette Lafayette Richmond Main Hodge Ashland Delaware B ant Richmond Main Norwood S ummer Lafa ette Ashland Summer Bidwell Pk Oakland Summer Bryant .Pennsylvania Lakeview North Hudson Thruway Wadsworth Maryland Fourth College Geor is Niagara Whitne Whitney Hudson Georgia Prospect Pennsylvania Huron Virginia Elmwood Main 41 DEAD END STREETS DISTRICT 1 - # Cary PI. Elmwood - dead and from '2i}2'Vokmard Awe. rw to.beycnd,189 S. Elmwood Ave. DeRutke Alley Virginia - dead end. from 412 Virginia SL . n - Fell Alley Virginia - Carolina from ISO CaraNna St. nw to'-1 Virginian St. Garden Ailey Virginia = Carolina fr 300 St. aw to 294 Virginia St. GIR P41ey Aubum - Breckenridge ft em 567 Auburn Ave. a to beyond'585 Breckenridge St.. Gren -Way Alley Auburn - .8recke from 1 632 Breckenridge St. n to 612 Auburn Ave. Halloway Alley Virginia - dead end from 4316 Vrcginia.St..n I{eep Alley Virginia - Tupper from -334 Virginia St. nw to 290= Tupper St- Linwood Terrace Linwood - dead end at 726 tirrtarood Ave. Malta Alley Maryland -West from 312 Maryland St nw to. 177. West Ave. Osborne Alley. Hudson - Pennsylvainia from I10 Hud6On SL nwto Pennsylvania St- St, Louis Alley Virginia - dead end at Virginia St. g" s'traats St. Court - dead.end - . at 167 Court St. Virginia PI. Virginia : - Allen 'from 473 Virginia St. no to ?S Alien St. Woodbury Alley Virginia - dead end' from 613 Virginia St no District 2 13 Primary Spreader Route STREET FROM TO Richmond North Forest Baynes W. Ferry Forest Abbottsford Bird Forest Grant Hampshire Forest West Forest Bird West Delavan Penfield West Porter Pennsylvania Bird Niagara Forest Nia Forest Pennsylvania W. Delavan Niagara Richmond Penfield Niagar West Lafa ette Niagara Richmond W. Ferry Thruway Richmond Chenan o W. Utica W. Fer Bra ton W. Utica Massachusetts Winter Massachusetts Hampshire Normal Pennsylvania. Ham shire Plymouth Pennsylvania Hampshire Prospect Penns Ivania Niagara Seventh Pennsylvania Niagara Busti Pennsylvania Niagara Lakeview Jersev Porter Hampshire Winter W. Fer Massachusetts Busti Richmond W. Utica Brayton Richmond Porter Lasalle Park Richmond York Porter Normal Jerse y Lakeview Busti 42 District 213 Secondary Spreader Route STREET FROM TO Jersey Richmond Seventh York Richmond Norma! Connecticut Richmond Busti Vermont Richmond Busti Rhode Island Richmond Busti Hampshire Winter Busti Breckenridge Richmond Niagara Auburn Richmond Niagara Potomac Richmond Niagara Bird Richmond Niagara Hot W. Ferry Forest Parkdaie W. Ferry Forest West Pennsylvania Forest 43 DEAD END STREETS DISTRICT�2 - 3 Cobb Alley Jersey - Porter - from,262 Jersey SL nwr to. Porter Ave. Cordage PI. Bird - Pooley from 162 Bird Ave,"n 50 Pdoley. Pl. , Gull Ailey Ni0a - dead and from 1130 NW gm St. w to Haggart Ave. i. Mngston Alley Auburn'- Uvir gsfion from Livingston St. se to Auburn -Ave. . Mason Alley Auburn - Breckenridge _ from-30 Breckenridge St n to Auburn Ave. Sloan St_ Niagara St. from Black Rods Canal a to 1426 Niagara St. Dis ict - 3 { { 1 { { District 516 Primary Spreader Route STREET FROM TO Elmwood Forest Kenmore Grant Forest Military . Military Amherst Kenmore Tonawanda Niagara Vulcan Niagara Forest Vulcan Vulcan Niagara Kenmore Ontario Niagara Kenmore Kenmore Vulcan Ontario Kenmore Military Elmwood Skillen Vulcan Milita Hinman Military Elmwood Hertel Thruway Elmwood Amherst Delaware Forest - Niagara Niagara Delaware 44 District 51 B Secondary Spreader Route STREET FROM TO Lincoln P Forest Great Arrow Nottingham Delaware Elmwood Great Arrow Delaware Elmwood Grote Elmwood Military Chandler. Military Easterly End A ustin Military Nia ara Parri Niagara East East Parrish Arthur Dearborn Hertel Parrish Rano Tonawanda Crowley Crowley Rano Nia ara Riverside Niagara Rano Esser Tonawanda Skillen Roesch Tonawanda Kenmore Newfield Ontario Vulcan Hotaling Tonawanda Niagara 45 DEAD END STREETS DISTRICT 5!- 6 Bush .. Amherst- dead end ' from.1d2 Grote St.'se to beyond'72 Amherst St,. Chyrchili Amherst - dead end from 238 Amherst St.. nw Dann off foot of Hertel along 190 Thruway -from 900 Hamilton St. s to - 1 Amherst St." Evelyn Ontario - dead end from a of 6W Ontario 5t. nw to 340 Esser Ave. Germain % Amherst - dead, end. from 182. Grote -SL so to beyond 52 Amherst St. - at Scajaquada Creek "Ulrp off Guemsey at Guernsey 5t s' of Hertel Ave. Novell Amherst - dead and from - Chandler St, so-to beyond••Amherst St. jo*n Austin - dead end frorn AustimSt. rnnr to Glor ' Marion Elmwood - dead end from Riservstion St. a to 1634 Elmwood - Ave. Marion Brtolgeman -.dead end . firm Reservation .St. a to 1834: Elmwood Ave. Newfield Ontario - dead end from s of 570 6nterio St. nvto 340 Vulcan St. Parish Niagara - East from 1765 Niagara St.. no -to beyond East St, Penhurst s=orest dead end from. 625 Forest Ave. n & w to•1225 Elmwood Ave. Peter Amherst - dead end from 1 B2' Grote 'St. se to beyond 66 Amherst 5t. Philadelphia Ontario - deed and tarri s lot Isebift St. nw to Essen Ave.. Prairie Tonwanda - dead and at 600 Toriewanda St. RIM Military - dead end # 1 - 1 Military Rd a to begone 59 Clayton St Sayre Military - dead end _ art -400 Mftry• Rd..' St. Francis ON Hamilton at Amherst _ Thotnpeon . - off Amherst - RR from beyond Hamilton St. n to Farmer St. Troy Ontario - dead and at 228 Ontario 5t watts Tonwanda - dead end at 915 Tonawanda St Wayne Nlmgara - West Rt IM Nlagara. St.' FO f P". A District l 1$ Primary Spreader Route STREET FRnM TO Kenmore Elmwood Main Hinman Elmwood Delaware Tacoma Delaware Starin Hertel Elmwood Main Amherst Delaware Main Florence Parkside Main Delaware Forest Kenmore Colvin Amherst Kenmore Parkside Humboldt Starin Starin Parkside Kenmore Main Delavan Bailey Nia ara Falls Blvd. Kenmo Main 46 District l f S Secondary Spreader Route STREET FROM TO Camden Hertel Comet Ramsdell Elmwood Delaware Villa Delaware Hobmore Sander Delaware Hobmore St. Lawrence Delcin Starin Tauton Virgil Shoshone Shoshone Tauton Hertel Englewood Kenmore Main Harker Main Taunton Starin Amherst Parkside Depew Main Parkside Linden Parkside Delaware Nottingham Delaware Amherst Jewett Parkside Main 47 Botsford Briton Burbank Cecil Custer Flower Gdnoa Huh Luger Linview Mandan -Merrimac Nicholson Nicholson - Ncirthr�ap Seottle St.= Marg Stratford Toledo Witispear from 802 He tel Ave,. n .from N..Parker Ave. 9 to. 210_ Englewood Ave. from beyond Burbank Terrace B to Agassiz Circle f m 40 Hartwell Rd. n to Cornet Ave. from OL & WRR a to 3136 Main at 14601anote Ave. from beyond Angle St. ® to' Tyler St. at 1490 Kenmore Ave. from beyond Angle S#. e & s Main St. from 923 Hertel Ave. s near Eimwaod Ave, bom 416 Linden Ave. n to •1713 Colvin Aire. from 880 Hertel Ave. s from $21 a Main St. nw & w to beyond Angle St. Parker - dead end from North Parker Ave. a to 240 Englewood Ave. from 3173 plain St Se' to 70 Wnspear Ave. from North. Parker Ave. a to 270 Englewood Ave. off Cahn _ from 151 Virgil Ave. w to 140 Camden Ave. at, 14W Kwmore Ave. - from 3211 Main St sB & e to 738 E gp d Rd. District 9110 Primary Spreader Route STREET FROM TO E. Fqqy Jefferson Grider E. Delavan Main Grider Kensington Main City Line Lan field Bailey Eggert E. Amherst Main. Bailey Berkshire Amherst Baffle Winspear Main _Eggert Jefferson Northland Main Fillmore Ferry Main G rider Ferry Lero Bailey Delavan Main Eggert Lan field Winspear 48 District 9 11 Q Secondary Spreader Route STREET FROM TO Wholers E. Ferry' Northland .Hager Northland E. Delavan Northland Main Grider Dewey Main Castle Leroy Main Kensington Halbert Dewey Rodney Rod Main Hill Hill Leroy E. Amherst Manhattan Leroy E. Amherst Deerfield Delavan Kensington Wyoming Delavan Kensington Olympic Delavan Kensington Parkrid a Kensington Wins ear Comstock Kensington Wins ear Suffolk Delavan Winspear Orleans Kensin ton Wins ear W. Cleveland Eggert Line Kay Eggert — City Edison Edison Kay Delavan 49 DFAC3 END STREETS DISTRICT 9 -1 ArdsteMam off pelava- neer Grider = App enheimer off Fillmom near Delevan , . - Birch off Delavawnear Grider :CFie1s� ofl` Deraeran rear Grider. OaWbmuth of Pw idge ner'EmfArnherst _ Dunlop off Parkridge near East Amherst East Oskwood off Main'near Dewey Fe Jer I off Kwsingtan now Crider �. Hdwitt off Parlaidge near East Amherst Kat ova off Fillmore',new Kensington liberty off Kensington near Grider Mdntciair. off Konsington.nea Grider Norfolk off -end of Decker Rohm off Delavan near Emmert Van Gorder. off Fillmore near Kensington - Verdum off Fillmore near Kenamgtoft Wright off Delavan .near Eggert lip ! e Vii►: District 11 113 Primary Spreader Route STRFF_T FROM TO E. Ferry Main Jefferson E. Utica Main Fillmor French Fillmore Kehr Kehr Genesee E. Ferry Fillmore Best E. Ferry N. Parade Fillmore E. Parade E. Parade Genesee N. Parade Genesee Walden Wasmuth Walden Best Wasmuth Jefferson Broadway Northland Masten E. North Main Michigan Genesee Main Best Main Walden Goodell Michi an Expresswa Cherry Michigan Expressway Genesee Michigan Herman S carnore Michigan Herman 50 District 11 113 Secondary Spreader Route STREET FROM TO Herman Broadway Best Johnson Broadway High Cherry Expressway Jefferson Virginia Cherr y Jefferson Elm Genesee Carlton Oak . Genesee High Ellicott E. Tu pper Rile Washington E. Tupper High Virginia Main Expessway Carlton Main Jefferson High Main Herman E. North Main Jefferson Dodge Main Humboldt Northampton Main Fillmore Riley Main Humboldt Roeh re r Best E. Ferry Wohlers Best E. Ferry Kehr Genesee Ferry 51 DEAD END STREETS DISTRICT -11 ®1 3' Alvin off Timon rear Best . Best Dead End - off Main near Best Buell off Fillmore rear Delavan Carrlton off Jefferson near Genesee Carlton Coe off Generms a near Jefferson off Main near bodge Grey. off Genesee near Jepson Haiwood ON Jeffwscn near Nord rdand. Linden off Best nay Expressway . Mel ois off Jeifersb near Utica Mohican off Fillmore now Delavan M(*lgy off 'East F near Main North Pine off Sycamore' 14c i th St. Paul Mall off- Ellicott near Best NoEway. off Best near Expressway Otis Do East Few new. Main Re�c off Norhland raear.Humboldt - RoOder off Fillrrtore near Box. Sowh St. Paul Mall off Ellicott near Best ' St. Paul Mali off Main near Best Viola -of Pansy near East Delaven Imp ow off Kingsley near Jetfisrson :i.1.1:.�:iiL District 121 14 Primary Spreader Route STREET FROM T4 Paderewski Smith NY Central Terminal- Broadway Herman Bailey Sycamore Herman Walden Walden Wasmuth City Line Genesee Herman Walden Genesee Wasmuth Cit y Line E. Ferry Grider Bailey E. Delavan Grider City Line Fillmore William Best Bailey_ Broadway E. Delavan 52 District 12 114 Secondary Spreader Route STREET FROM TO Smith William Broadwa Peckham smith Memorial Memorial William Broadway Lathrop Broadway Walden Miller Broadway Walden Goodyear Broadway Sycamore Moselle Walden E. Delavan Koons Walden Genesee Nevada Genesee E. Fer Cornwall E. Ferry E. Delavan Doat Genesee City Line Sprenger Doat - Genesee East End Genesee _ Delavan 53 DEAD- ENO- STREETS DISTRICTI 2.- 14 .. Antwerp Bailey 'Warring Armbruster Broadwway -'dead end Audrey Newburgh - dead end l3ametl~ < ' Bailey - dead and Blake Genes" - :.deed chd Block 001.e11 en o dead`end 18oehn Bailey -Marring Briscoe Doak - deed end or n Memorial -dead end Central Broadway dead end Grossman . Hemingway. - dead end.: Domedion Hemminaway - dead and Felix between Si My's - Poplar Gatchell Broadway - dead end Gittere - Sycamore = dead end. Glenwood . - Ihr - -dead end Haven Genesee.- deed.end Hiitdn Newton =dead end. Hirschbeck Broadway.- dead end Kent Sweet - Hoaghon Kirkpatrick Bailey, - -dead and Koons Broadway Aead end.... Koons Sycamore -dead end - APP GnM" - dead end Liddel BroadWay dead end 5 Milburn _ Grirres - dead and Miller Sycaiore - dead end Moeller. Bailey � Warring Northland Ailey dead end Oberlin - Syoainore -,dead end •Persla .oat. - dead end Person (30"m = dead and Roslyn Genesee - dpi end Ruhland . Sycamore - dead end Settler - - ®oat =dead effid Schu Broad+Nay - dead end . Shepmrd Brroadvjey � dead end S'towlid Doat - daad SW Titus : Pmmdwsy�- dead end Titus Sys -.dead and Warring'. Moeller -- Genesee West ac ker • Ballby - dead end' Wick Sro®d►Ney - dead 'end Wins'low Kehr = dead end Wood Walden - dead - end .. Woodlawn Kehr - dead and 5 �w:• � .�::rir i® ����: �I�ii■■ ��"'- �eail'�,:��:��i��l�:,i -mac District 15 / 18 Primary Spreader Route STREET FROM TO BroadwaK Michi an Smith William Michigan Smith Clinton Michigan Smith Swan Michi an Smith Seneca Michigan Smith Jefferson Swan Broadway Perry Michigan Smith South Park Michigan Hopkins Hopkins Tifft South Park Elk south Park Smith South Louisiana Hamburg Hamburg South Seneca Louisianna Ohio Seneca Chicago Ohio Scott Michigan Ohio Seneca 54 District 15118 Secondary Spreader Route STREET FROM TO Paderewski Emslie Smith Peckham Jefferson Smith Howard Jefferson Smith Emslie Seneca Broadway Pine Swan Broadwa Carroll Michigan Louisiana Exchange Michigan Smith Scott, Michigan Chicago O'Connell Louisiana Fitzgerald St. Clair Ohio South Alabama South Per 55 S' r Rul mm li' . r S' li' DEAD END STREETS-' DISTRICT 1 -18 - Abby off South I ark Arrlelia of Germania Bakic Alley Bond - Lord CakToll off Griffin at. = - CaMw Alley offBroedway. Fritz Alley Emile - Boni Iroquios off Broedwr K*Tkucky off South St. Meteor Alley Emslie - Lord Moore off Roseville of Van Rensselaer Tikinessee off South St. Vslndailia off South St. - Virumnes off South St... -.. . District 16 / 17 Primary Spreader Route STREET FROM TO Broadway Bailey City line E. Lovqjoy Bailey City line William Smith Richard Dr. Clinton Smith City line Seneca smith Bailey Elk Smith Baffle Fillmore William Smith S mith Fillmore South Park Lee Elk South Park Bailey Broadway Seneca N. O den Broadway Richard Dr. Richard Dr. N. Ogden S. O den S. Ogden Richa D r. Mineral S rin s Mineral Springs S. Ogden Seneca (North side) 56 District 16 / 17 Secondary Spreader Route STREET FROM TO I: Smith William Seneca Lewis William Clinton Babcock William Elk Stanle Bailey Greene Vanderbilt Greene Schiller Ludington Bailey City Line Din ens Bailey City Line Weiss Dingens Clinton Casimir Houghton Park City Line Reiman Greene City Line Howard Smith Babcock 57 DEAD END .STREETS DISTRICT 16 -17 Avondale Seneca - dead and Baitz Manitoba - dead and - Bamard t'.asmir - dead end Bushnell Cllntm - dead grid Cable _ _ Casmi =dead end Duncan Elk - deed - end Fenton emir - deed and Freda Casimir - dead end Fritz Alley Clare to Smith Gilbert 'Manitoba: dead end : Glenn ClihWn = dead end' Gorski­ ` ' mir - dead end Harrison . - Seneca- dead end Hayes Seneca'- dead and Imson nca'- dead -avid Juanita enace - dead end Kellog .... Ala. -'dn end Koppel. .Seneca - dood,end Krelcrn+v R*an - dead end. Leamington - dead end Lester Bence - dead` end i &lvin Seivda -dead end . Mergenhagan _ Seneca;- dead er►d Milton. Wascat = dead apd Milton $one= - dded end Olsen ' Clinton - dead end District .16 17 District 19120 Primary Spreader Route STREET FROM TO Seneca Bailey City Line Mineral S rin S Seneca S. Ogden Elk Bailey Seneca Bailey Seneca South Park South Park Hopkins City Line Abbott South Park City Line McKinley Bailey City Line Potters Abbott City Line Tifft Hopkins McKinle Lorraine McKinley Abbott Red Jacket McKinley Abbott Cazenovia Abbott South Park 58 District 19120 Secondary Spreader Route ST REET FROM TO Frank Mineral Springs Fields Fields Frank Church Southside South Park Seneca. N. Legion Southside Cazenovia S. Legion Southside Cazenovia Cumberland Southside Cazenovia Stevenson Abbott Seneca Choate South Park McKinle Woodside South Park Potters Marilla Hopkins McKinle DoWnin South Park City Line Dorrance South Park City Line 59 DEAD END STREETS; DISTRICT 19 - 20 _ Bertha from 1320 South 'Park Ave. ft. to Buffalo River P®yson from 1433 South Park "Ave. no to Buftfa.River Pomeroy from 172 5. Seneca St 8'W to dead end beyond Dunbar`SL .. Dallas at 2317 S®uth• Park Ave. to dead end Sdneca Parkside at 2228 Se ca St: Teresa from 3 St. &2hns Parkside to no 2247 Seneca St. tug. vemon from 23M Seneca St no. to beyond City .Line Fairview jrom 2300 Seneca 5t, no to dead end Hines at 30 Downing Stone bloWdast of'South Park AVe. Pierce Bailey - dead end Polish Place Mineral Sprints - deed end Sage sonsca - dead and San Domingo Alley Cidrd to Smith . Scoville Manitoba - dead end - Spann Cir`- dead end Troupe - Waeoott - deed .bnd Camir-= deed. end - Weiss , Wieman Casmir -� dead end' Winoma Elk - dead end Aw" 1* rcg V West Side Block (District 1 D) STREET FROM TO M ain South Park Tupper Pearl T upper U pper Terrace Franklin Upper Terrace Tupper S. Elmwood Upper Terrace Tupper Upper Terrace Main Elmwood W. Seneca u per Terrace Main W. "Swan Main - Upper Terrace Church Upper Terrace Main W. Eagle Main Upper Terrace Niagara Elmwood W. Eagle W. Genesee Elmwood Main Niagara Square Court Niagara Square Main W. Mohawk Elmwood Main W. Huron Main Elmwood W. Chippewa Elmwood Main Tupper Elmwood Main 60 East Side Block (District 14) STREET FROM TO Main Tupper South Park Washington Tupper South Park Ellicott E.Seneca E. Tupper Oak E. Tupper E. Seneca Elm E. Seneca E.Tupper Michigan E. Tupper E. Seneca E. Seneca Main Michigan E. Swan - Michigan Main S. Division Main Michigan N. Division Michigan Main E. Eagle Main Michigan Clinton Main Michigan Broadway Main Michigan William Broadway Michigan E. Mohawk Main Ellicott E. Huron Main Oak Sycamore Oak Michigan E. Genesee Main Michigan E. Chippewa Main E. Genesee Tupper Main Michigan 61' on Fuhrman Blvd. (District's 6) STREET FROM TO Fuhrman Blvd. Coast Guard South Park Michigan South Park South Park Ohio Michigan E. Tupper Ganson Michigan E. Seneca Childs Ohio E. Tupper Tiff# Fuhrman E. Seneca Hopkins Tifft Botanical Pkwy. Botonical Pk 62 S - Waterfront Village (District 14) STREET Lakefront Blvd. O'ibwa Circle Waterfront circle L,RViere Drive Wilkeson Wa Templeton Terrace Erie Rd. Bingham St. Behind Hilton Hotel Per BIVd. 63 Watdrfeont j 'Cow r ` AA WwOL mm a �,r r. . rr, •mr __.., Ar ;a1�'I���.��iYi�I��Y�������i • °�`= ,� E MIR ,r --��s MOM SIR! = ' Cl OPWA r, Mal P 11101 � i# ,, tiy� ,�,., �[`l`,`I,'I � �•,�rcrt ►rr�' .� l�IWO � I� W �'I���lM� .� ,,, {� riP ;� Il', � ';`"- ��lliiill�• +�.'�Y�li�'i�j" r 1 • s���r�,�.�� �r��k� � ��l �il�iiil������ll ti r� // ap u I w-z -� � — r;. r;� ►�Fi ENTERPRISE GPS SOLUTION FOR THE DEPARTMENT OF PUBLIC WORKS, PARKS, & STREETS AND CITY OF BUFFALO DEPARTMENTS, AGENCIES AND AUTHORITIES - PROJECT SUMMARY - Introduction /Goals To enhance the efficiency of services provided by the City of Buffalo, the Department of Public Works, Parks, & Streets has initiated several improvements in its Streets Division operation. One of these improvements involves a brand new GPS monitoring system. This system is primarily used for the City's "snow fighting" operations, but will eventually expand to the entire DPW fleet. There are currently 80 DPW vehicles fitted with the GPS hardware for the 2010- 11 winter season. Key advantages to a well- executed GPS system into the City's operations are as follows: • Greater fuel efficiency, lowering costs. • Instantly asses snow event situations with real-time weather and vehicle locations. • Provide accurate reports on vehicle idling, routes, and even salt usage at any time. • Automatically close -out 311 calls when plow has cleared snow from a street. • Better accountability. • Accurate vehicle maintenance assessment. Components of the System • The vehicle /driver (Includes tracking hardware). The data center (Hosts the applications and data). • The end user (Monitors vehicles from PC and/or make changes to application). ,. CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS. & STREETS Mechanical Services Goals & Objectives 1. Maintain a list of in- service vehicles for snow removal and plowing. In order to be effective, we need to establish minimum staffing for mechanical services. 2. Establish a "Vehicle Replacement Policy" based on years of in- service and/or miles. 3. booking at the possibility of installing plows on packers. 4. Should have plows on any vehicle that is capable of handling the plow. 5. Consolidate DPW Mechanical Services. 67 CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Snow Removal Procedure on Non -Snow Da s Attached is a list of locations of business districts throughout the City of Buffalo where curbing and snow removal will occur on non -snow days (days when main, secondary & residential streets are relatively clear with no expected precipitation). This work will be coordinated by the Director of Snow Removal and Street Cleaning. Business Districts 1. Flmwood Avenue 2. Hertel Avenue 3. Delaware Avenue 4. Allen Street 5. Chippewa Street 6. Clinton Streets 7. Broadway Street B. Jefferson Avenue 9. Grant Street 10. South Park Avenue 11.Ontario/Tonawanda 12. Fiilmore Avenue 13. Main Street/University Area 14. Main StreettDowntonw 15. Niagara Street/LowerWestside 16. Seneca Street 17. Buffalo Niagara Medical Campus 18. Delavan /Grider Area 19. Main /Leroy Area .: CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Post Storm Report Requirements 1. Time of snow event. Ex. When snow event started, mains & secondary streets were clear, and residential streets were started and completed. 2. How much salt was use during the event and budget balance. 3. Overtime expenditures 4. Equipment status 5. Compare reports with Citizen Services to determine problern.areas. 6. Cor �nissioner Stepniak will review with Counciimembers any difficult areas they have experienced with snow removal in their district. This material must be covered in the Director's report at his discretion. 7. Parking Enforcement Information Mr 0001` 41 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL L� TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Buildings PRIOR COUNCIL REFERENCE: (IF ANY) DATE: October 9, 2013 SUBJECT:' [: AMEND - Request Permission [: To Accept Funds from Buffalo Bison [: Hockey and the Buffalo Sewer Authority [: for Lafayette (North Buffalo) Ice Rink [: Improvements Job # 1249 (parking lot [: expansion), Contracts #93001161& [: 93001162. [: No. 22 of 1011/13:1 Permission is hereby requested from Your Honorable Body to accept donation of fiends /(services) for the expansion of the Lafayette (North Buffalo) Ice Rink for the purposes of/(to include) paving, lighting, green infrastructure, and landscape improvements. This is a joint project between the City, Buffalo Bison Hockey and the Buffalo Sewer Authority (BSA). This project will relieve parking deficiencies in the ice rink's parking lot and on Tacoma Avenue, in addition to, increasing pedestrian and vehicle safety in the neighborhood. This project will also assist the BSA with its green infrastructure goals of removing additional storm runoff into its combined sewer system and comply with the Clean Water Act. Account# 32180006- 445100 has been created to facilitate the donation of the following funding amounts: Funder Name Amount Buffalo Bison Hockey $125,000 Buffalo Sewer Authority $57,000 TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Description Used to fund parking lot expansion to include green infrastructure. Used to fund parking lot expansion to include green infrastructure Cc: Jason C. Shell, Deputy Commissioner Peter J. Merlo, City Engineer Steven J. Stepniak Commissioner AMEND — Request Permission to Accept funds from Buffalo Bisons Hockey and the Buffalo Sewer Authority (North)(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 October 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 accept donation of funds (services) for the expansion of the Lafayette (North Buffalo) Ice Rink for the purposes of (to include) paving, lighting, green infrastructure and landscape improvements. This is a joint project between the City of Buffalo, the Buffalo Bisons Hockey and the Buffalo Sewer Authority. An account will be created to facilitate the donations of $125,000.00 from Buffalo Bisons Hockey and $57,000.00 from the Buffalo Sewer Authority. 17 &X C:1Documents and Settingsklehner%acal SeningsUempomry Intemet Files\OLKIMAmend- Request Permission to Accept Funds.docx 0 *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [------- - - - - -- [NMJ` 5] *� [213 6� [ 314 - 7 j #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 8, 2013 0000 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Coca Cola Field [: Distributed Sound System & Renovations [: Job #1274 G [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following change for Coca Cola Field, Distributed Sound System & Renovations, Spicer Group (S &W Contracting), C #93001126 1. Of the requested amount, $6929.00 is to pay for the costs of the Add $ 12,334.00 procurement of materials associated with soffit reconstruction work to ensure that the soffit does not collapse on fans. And $5,405.00 of the costs are to replace circuits feeding the ticket booth and security office that was damaged by the removal of deck. Location of the conduit was unknown before the deck was removed. The foregoing change results in a net increase in the contract of Twelve Thousand Three Hundred Thirty -Four Dollars and 001100 Dollars ($12,334.00). Summary: Original Contract Amount Amount of This Change Order ( #2) Revised Contract Amount $315,000.00 $ 12,334.00 $327,334.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35324706 445100 —Buildings. SJS /PJM /DDC /kg cc: Comptroller J. Jacobs, Buildings Department Head Name: Title: For: Peter Merlo, P.E. City Engineer Commissioner of Publ , Parks & Streets Signature of Department Head: z�Z �6) Change in Contract — Coca Cola Field Distributed Sound System and Renovations (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 October 8, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order 42 in the amount of $12,334.00 (Original Contract Amount $315,000.00 + Change Order #1 $12,334.00 for a Revised Contract Amount of $327,334.00) for Coca Cold Field, Distributed Sound System and Renovations, to Spicer Group (S &W Contracting), C #93001126. Funds for this work are available in Account #35324706 445100 — Buildings. ITIMMI-11 C'�Documents and SettingsklehneALocal Settingffemporary Internet FilefflLKIDThange in Contract -Coca Cola Field.doc 5 _?) V *AYE* NO FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - b] [314 - 7] #1 (Rev. 1193) SINGLE PAG NNILUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: G PRIOR COUNCIL REFERENCE: (IF ANY) [: Permission to Enter into Agreements with FHWA, NYSDOT and BSA for the Design, Inspection and Construction of Niagara Street — Phase 2 between Virginia St. and Porter Avenue City of Buffalo, County of Erie Ellicott and Niagara District The Federal Highway Administration (FHWA), New York State Department of Transportation ( NYSDOT) and the City of Buffalo have designated $4.40M for the design, construction and construction inspection of Niagara Street between Virginia Street and Porter Avenue. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.14. In order to move this project forward; this Department is requesting that Your Honorable Body authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA, NYSDOT and BSA. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. PJMIJDB:dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD (N iagara&-phlenterag reements- 10091 MOO Peter J. Merlo, P.E, City Engineer VI\ Permission to Enter Into Agreement — Design, Inspection and Construction of Niagara Street, Phase 2 (Ell and Nia)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and/or the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration ( "PHA "), the New York State Department of Transportation ( "NYSDOT ") and the Buffalo Sewer Authority ( "BSA") for the design, construction, and construction inspection of Niagara Street between Virginia Street and Porter Avenue. This project is listed on the New York State Regional Transportation Improvement Program ( "TIP ") under PIN 45757.14. PASSED 1 Mocuments and SettingsWehneALocal Settings\Temporary internet Files10LM D\Permission to Enter Into Agreement -Nia St Phase 2 ,docx 0 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON SMITH [-------- - - - - -] [MAJ- s] [213 - 6] [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL e TO: THE COMMON COUNCIL DATE: October 8, 2013 ® 0 0 1 FROM: DEPARTMENT: Public Wor Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: City Court [: 4 th Floor Reconstruction [: Job #1316 [: Ellicott District PRIOR COUNCIL REFERENCE (If Any) [: EX. (Item No. CCP ) TEXT: I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Kideney Architects as a consultant to provide architectural/ engineering services for City Court, 4 th Floor Reconstruction. The cost for consulting services is estimated not to exceed $74,910.00. The funds are available in 36329806 445100. The consultant has been chosen through a Request for Qualification (RFQ) process. SJSIPJMIPSIkg cc: J. Jacobs, Buildings Department Head Name: Steven J. Stepniak Title: Signature of Department Head: Permission to Hire Consultant — City Court Fourth Floor Reconstruction (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Department of Public Works, Parks and Streets, dated October 8, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Kidency Architects as a consultant to provide architectural /engineering services for City Court, Fourth Floor Reconstruction. The consultant was chosen through a Request for Qualification (RFQ) Process. The funds for this project are available in Account #36329806 445100. PASSED CADocuments and Seuingslclehner\Locai SettinggUemporary Internet FilesMKIMPermission to Hire Consultant City Coumdocz /16 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [MAJ- 5] [213 - 51 * _ [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Increase Contract [: for Engineering Services [: Pearl Street 2 — way Conversion [: Contract #93000990 [: Ellicott and Fillmore Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: CC # 15 of 1110112 Original Contract Amount - $ 298,300.00 Increase - $ 69.000.00 Total $ 367,300.00 I hereby submit to Your Honorable Body the following change for this contract. Hatch Mott MacDonald, is the engineering consultant for the Pearl Street 2 -way Conversion Project for the City of Buffalo. This project included study, preliminary and detailed design for the conversion of Pearl street to 2 -way traffic. This increase is necessary to provide preliminary and detailed design for additional items, which have been added to the scope of this project, to be bid as alternates. The additional items include mill and overlay of pavement from Tupper to Upper Terrace, sidewalk and curb replacement from Tupper to Chippewa, reconstruction of Ashbury Alley to correct drainage issues, and the incorporation of new streetlighting from Tupper to Chippewa. I respectfully certify that this increase is fair and equitable for the work involved, and 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 $69,000.00 The funds are available in Capital Projects account #35317906 - 445100. PJMIJDB /TJD:dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Peter J. Merlo P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: T ' \IJ Permission to Increase Contract for Engineering Services — Pearl Street 2 -way Conversion (Ell and Fill) (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 October 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 $69,000.00 (Original Contract Amount $298,300.00 + Change Order 41 $69,000.00 for a Revised Contract Amount of $367,300.00) for engineering services for Pearl Street 2 -way conversion, to Hatch Mott MacDonald, C #93000990. Funds for this work are available in Capital Projects Account 435317906- 445100. PASSED CADocuments and Settingslclehner\Local Settinp\Tantporary Internet FilesIOLKIMPermission to Increase Services -Pearl Street.doc *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RiVERA RUSSELL SCANLON SMITH * [-------- - - - - -] [MAJ- 51 [213 - bj [314 - 7] 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: October 9, 2013 SUBJECT: [Permission to Increase the contract [Titan Development - Contract # 93000971 [Splash Pad Improvements Project [Various Park Facilities [Various 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. Titan Development is the contractor for Splash Pad Improvements Project at various park facilities. This increase is necessary for the following additional works by contractor: Provide and install two Dehumidifier and floor grating at three equipment Vaults. Provide and Install vandalizedibroken spray head & parts for the winter covers. Provide and install three vented cover for storm manholes. Provide additional technical staff during re- installing & troubleshooting of the two VFD panels. Provide additional hours required to adjust and monitor splash pad while activated. Provide labor and crew truck to change summer operation to winter operation. Relocation of the power /control units for submersible lights to the center monument. Previously approved Contract Amount: $ 567,220.50 This Cost increase: $ 94 ,589.75 Total: $ 661,810.25 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 $ 94,589.75 Funds for this project will be available in account # 36400116- 445100, an account to be named at a later date. PJM: sag DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: �� Permission to Increase Contract for Splash Pad Improvements (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 October 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 $94,589.75 (Original Contract Amount $567,220.50 + Change Order #1 $94,589.75 for a Revised Contract Amount of $661,810.25) for splash pad improvements at various park facilities, to Titan Development, C #93000971. Funds for this work are available in Account #36400116- 445100, and an account to be named at a later date. PASSED C:@ocaments and Settingslclehner\Local Settingffemporary Internet FilesMKIMPernrission to Increase Contract - Splash Pads doc l *AYE* NO ' FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RrVERA RUSSELL SCANLON SMITH [ ------------- [MAJ- ] s ] � [213 - b) [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 8, 2013 Q Q 0 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: JFK Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 14201 PRIOR COUNCIL REFERENCE: (IF ANY) [-. TEXT: I advertised for on September 17, 2013 and received the following formal sealed bids for the JFK Community Center, Rehabilitation Project, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Alt #5 *Nichter Associates $687,000 $50,000 $158,000 $22,000 $5,600 $5,000 30 Wildwood Dr., Lancaster NY Hadala Construction $865,000 $19,000 $207,000 $27,000 $6,500 $7,000 331 Grote, Buffalo, NY Alternate #1: Glass Replacement Alternate #2: Removal and Replacement of Sidewalks Alternate #3: Interior Painting Alternate #4: Ceramic Tile Alternate #5: Acoustic Ceiling Tile *Nichter Associates has withdrawn their bid. Nichter Associates has certified that their base bid was inadvertently transposed at the time of the bid. It should have read $867,000.00 instead of $687,000.00. Plumbing Construction Base Bid Numarco Inc. $ 79,000 1021 Maple, Elma, NY MKS Plumbing $ 82,571 19 Ransier, W. Seneca, NY Ando Plumbing $138,429 4534 Clinton, Buffalo, NY Electrical Construction Base Bid Goodwin Electric $ 28,500 207 S. Youngs, Williamsville, NY Frey Electric No Bid 1 100 Pearce, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Hadala Construction in the amount of Nine Hundred Fifty One Thousand Five Huridreb Dollars and 001100 - $951,500.00 ($865,000.00 - Base Bid+ $86,500.00 + 10% contingency = �� $951,500.00 —Total Contract Amount. Plumbing Construction: Numarco Inc. in the amount of Eighty Six Thousand Dollars and 001100 - $86,900.00 ($79,900.00 — Base Bid + $7,900.00 + 10% contingency = $86,900.00 — Total Contract Amount. Electrical Construction: Goodwin Electric in the amount of Thirty One Thousand Three Hundred Fifty Dollars and 001100 - $31,350.00 ($28,500.00 -- Base Bid + $2,850.00 + 10% contingency = $31,350.00 — Total Contract Amount. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9R2017 470000 - Buildings. S J S/ P J MIJ C SIJ FI F G /j lj cc: Comptroller's Office Contract Compliance Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: _ __ Report of Bids — JFK Community Center Rehabilitation Project (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 October 8, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the JFK Community Center Rehabilitation Project with the following: Hadala Construction in the amount of $951,500.00 ($850,000.00 Base Bid + 10% contingency for a Total Contract Amount of $951,500.00) for General Construction; Numarco Inc. in the amount of $86,900.00 ($79,900.00 Base Bid + 10% Contingency for a Total Contract Amount of $86,900.00) for Plumbing Construction; and Goodwin Electric in the amount of $31,350.00 ($28,500.00 Base Bid + $2,850.00 + 10% Contingency for a Total Contract Amount of $31,350.00) for Electrical Construction. Funding for this project is available in Account #CH9R2017 4700000 — Buildings. PASSED CA)ocuments and SettingslclehnerEocal SudagATemporM Internet FilesDI- KIMReport of Bids -JFK Comm CtrAm 0 j"N *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [--- ----- - -- -- [ MAJ - 5 ] [213 - b] [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2013 ® ® 1. FROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Matt Urban Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 10204 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on September 17, 2013 and received the following formal sealed bids for the Matt Urban Community Center, Rehabilitation Project #38- 10204, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Nichter Associates $84,400 $31,000 $41,000 3435 Harlem, Buffalo, NY Miller Enterprises $87,000 $16,000 $18,000 12 Newfield, Buffalo, NY *Savarino Construction $94,638 $ 5,000 - -- 331 Grote, Buffalo, NY Alternate #1: Exterior Concrete Alternate #2: Ramp Stairs *Savarino was deemed non - responsive due to lack of EEO statements and incomplete proposal forms. I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Associates, with a Base Bid of $87,000.00, add Alternate #1 for $16,000.00, add Alternate #2 for $18,000.00, plus 10% contingency for $12,100.00, for a total contract total of One Hundred Thirty Three Thousand One Hundred Dollars and 001100 ($133,100.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9M2047 470000 - Buildings. SJSIPJMIJCS /JF /FG /jIj cc: Comptroller's Office Contract Compliance Office J. Jacobs — Buildings Department Head Name: Peter J. Me_rlo, P. E. Title: City Enginee Signature of Department Head: r .. '17 Report of Bids — Matt Urban Community Center Rehabilitation Project CDBG Funded Year 38 10204 (Fill)(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 October 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 agreement for the Matt Urban Community Center Rehabilitation Project with Miller Enterprises in the amount of $133,100.00 ($87,000.00 Base Bid + Alt #1 $16,000.00 + Alt #2 $18,000.00 + 10% contingency $12,100.00 for a Total Contract Amount of $133,100.00). Funding for this project is available in Account #CH9M2047 470000 Buildings. PASSED CADocuments and SettingslclehnerlLocal Setlingsuemporary Internet Files\0LKI D1Report orBids -Matt Urban Comm Ctr,doex 0 'J� *AYE* NO FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ -51 *� [213 _ 6] [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2013 0.0 0 9 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT [: Report of Bids - [: North Buffalo Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 11201 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on September 17, 2013 and received the following formal sealed bids for the North Buffalo Community Center, Rehabilitation Project #38- 11201, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Miller Enterprises $134,700 $28,000 12 Newfield, Buffalo, NY Hadala Construction $146,000 $30,000 331 Grote, Buffalo, NY Nichter Associates $165,000 $25,000 3435 Harlem, Buffalo, NY Alternate #1: Additional Flooring Replacement I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a Base Bid of $134,700.00, add Alternate #1 for $28,000.00, plus 10% contingency for $16,270.00, for a total contract total of One Hundred Seventy Eight Thousand Nine Hundred Seventy Dollars and 001100 ($178,970.00) is the lowest responsible bidder in accordance with the plans and specifications: recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9N2017 470000 - Buildings. SJ SIPJ MIJ CSIJ FIFG /j Ij cc: Comptroller's Office Contract Compliance Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo P. E. Title: City Engineer Signature of Department Head: V Report of Bids — North Buffalo Community Center Rehabilitation Project CDBG Funded Year 38 11201 (Del)(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 October 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 agreement for the North Buffalo Community Center Rehabilitation Project with Miller Enterprises in the amount of $178,970.00 ($134,700.00 Base Bid + Alt #1 $28,000.00 + 10% contingency $16,270.00 for a Total Contract Amount of $178,970.00). Funding for this project is available in Account #CH9N2017 470000 —Buildings. PASSED C:1Documemts and SettingslclehnerTocal SettingATempormy Intemet FilesMK1D\Report of Bids -N Bflo Comm Ctndocz a� Z� *AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - - I [MAJ- 5 ] [2/3 - 6 A 0 [3/4 - 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0002 TO: THE COMMON COUNCIL DATE: October 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: North West Buffalo Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 07203 PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: I advertised for on September 17, 2013 and received the following formal sealed bids for the North West Community Center, Rehabilitation Project, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3A Alt #313 Alt #4 Morris Masonry $142,635 $59,325 $54,900 $10,695 $10,490 $48,700 441 Bailey, Buffalo, NY Highland Masonry $162,500 $67,293 $70,400 $12,900 $12,700 $43,500 33 Ransier, Buffalo, NY Alternate #1: Courtyard Repointing East Wall Alternate #2: Courtyard Repointing South Wall Alternate #3A: Wash and Water Repellant Base Bid Walls Alternate #3B: Wash and Water Repellant Alt Bid Walls Alternate #4: Cut and Caulk Windows I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry, with a Base Bid of $142,635.00, add Alternate #1 for $59,325.00, add Alternate #3A for $10,655.00, plus 10% contingency for $21,261.50 for a total contract total of Two Hundred Thirty Three Thousand Eight Hundred Seventy Six Dollars and 501100 ($233,876.50) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9J2037 470000 - Buildings. SJSIPJMIJCSIJFIFG /ili cc: Comptroller's Office Contract Compliance Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P. E. Title: City Engineer Signature of Department Head: Report of Bids -- Northwest Buffalo Community Center Rehabilitation Project CDBG Funded Year 38 — 07203 (North)(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 October 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 agreement for the Northwest Buffalo Community Center Rehabilitation Project with Morris Masonry in the amount of $233,876.50 ($142,635.00 Base Bid + Alt #1 $59,325.00 + Alt #3A $10,655.00 + 10% contingency $21,261.50 for a Total Contract Amount of $233,876.50). Funding for this project is available in Account #CH9J2037 470000 — Buildings. PASSED C-Mommenis and SetlingsklehnerTocel SettingsWemporary Internet FilefflLKIBSReport of Bids -NW Bflo Comm Crr docx 9�\ 0 *AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAC - 5 ] [213 - 6) [314 - 7] #1 - (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Polonia Hall Community Center [: Rehabilitation Project [: CDBO Funded [: Year 38 - 10205 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on September 17, 2013 and received the following formal sealed bids for the Polonia Hall Community Center, Rehabilitation Project, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3 Miller Enterprises $197,000 $17,000 $12,000 $17 12 Newfield, Buffalo, NY Nichter Associates $224,400 30 Wildwood Dr., Lancaster NY $18,000 $ 8,800 $ 9,000 Savarino Construction $228,000 26 Mississippi, Buffalo, NY Hadala Construction $274,000 331 Grote, Buffalo, NY Alternate #1: Exterior Cleaning Alternate #2: Window Replacement Alternate #3: VCT Flooring Replacement Plumbina Construction Bas Bid Numarco Inc. $ 77,000 1021 Maple, Elma, NY MKS Plumbing $ 97,000 19 Ransier, W. Seneca, NY Ando Plumbing $121,006 4534 Clinton, Buffalo, NY Electrical Construction Base Bid Goodwin Electric $ 16,000 207 S. Youngs, Williamsville, NY $15,000 $ 6,000 $ 8,000 $15,000 $13,000 $22,000 0 Frey Electric No Bid 100 Pearce, Buffalo, NY +� " - Mechanical Construction Base Bid No Bids I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Miller Enterprises in the amount of Two Hundred Sixty Seven Thousand Three Hundred Dollars and 001100 - $267,300.00 ($197,000.00 - Base Bid + $17,000.00 -Alternate #1 + $12,000.00 - Alternate #2 + $17,000.00 - Alternate #3 + $24,300.00 + 10% contingency = $267,300.00 – Total Contract Amount. Plumbinq Construction: Numarco in the amount of Eighty Four Thousand Seven Hundred Dollars and 001100 - $84,700.00 ($77,000.00 – Base Bid + $7,700.00 + 10% contingency = $84,700.00 – Total Contract Amount. Electrical Construction: Goodwin Electric in the amount of Seventeen Thousand Six Hundred Dollars and 001100 - $17,600.00 ($16,000.00 – Base Bid + $1,600.00 + 10% contingency = $17,600.00 – Total Contract Amount. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9M2057 470000 - Buildings. SJ SIPJ MIJ CSIJ FIFG /i lj cc: Comptroller's Office Contract Compliance Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P. E. Title: City Engineer Signature of Department Head: ±n_I—_ Report of Bids — Polonia Hall Community Center Rehabilitation Project CDBG Funded Year 38 —10205 (Fill)(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 October 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 agreement for the Polonia Hall Community Center Rehabilitation Project with the following: Miller Enterprises in the amount of $267,300.00 ($17,000.00 Base Bid + Alt #1 $12,000.00 + Alt 42 $17,000.00 + Alt #3 $24,300.00 + 10% contingency for a Total Contract Amount of $267,300.00) for General Construction; Numarco in the amount of $84,700.00 ($77,000.00 Base Bid + 10% Contingency for a Total Contract Amount of $84,700.00) for Plumbing Construction; and Goodwin Electric in the amount of $17,600.00 ($16,000.00 Base Bid + $1,600.00 + 10% Contingency for a Total Contract Amount of $17,600.00) for Electrical Construction. Funding for this project is available in Account #CH9M2057 470000 — Buildings. PASSED C:SI)ocumems and SettingslclehnaUocal Settingffemporary Intemel FileslOLKID\Report o£Bids- Polonia Hall Comm Ctr.doex 9—{ J m *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MA3 - 51 [213 - 6] [314 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: TJ Dulski Community Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 10206 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on September 17, 2013 and received the following formal sealed bids for the TJ Dulski Community Center, Rehabilitation Project #38- 10206, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3 Miller Enterprises $137,000 $ 3,000 $14,000 $37,000 12 Newfield, Buffalo, NY Hadala Construction $177,000 $ 5,200 $ 8,800 $ 3,300 331 Grote, Buffalo, NY Nichter Associates $207,000 $15,000 $14,000 - - -- 3435 Harlem, Buffalo, NY Alternate #1: Infill Attic Alternate #2: EPDM Membrane to Boiler Vault Alternate #3: Exterior Repairs I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a Base Bid of $137,000.00, add Alternate #1 for $3,000.00, add Alternate #2 for 14,000.00, add Alternate #3 for $37,000.00, plus 10% contingency for $19,100.00, for a total contract total of Two Hundred Ten Thousand One Hundred Dollars and 001100 ($210,100.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9M2067 470000 - Buildings. SJ SIPJ MIJ CSIJ F /FG /jij cc: Comptroller's Office Contract Compliance Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P. E. Title: City Engineer Signature of Department Head: 9 p �- Report of Bids — TJ Dulski Community Center Rehabilitation Project CDBG Funded Year 38 — 10206 (Fill)(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 October 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 agreement for the TJ Dulski Community Center Rehabilitation Project with Miller Enterprises in the amount of $210,100.00 ($137,000.00 Base Bid + Alt #1 $3,000.00 + Alt #2 $14,000.00 + Alt #3 $37,000.00 + $19,000.00 10% contingency for a Total Contract Amount of $210,100.00). Funding for this project is available in Account #CH9M2067 470000 — Buildings, PASSED C1Documents and SeuingkichnerTocal Settingffemporary Imemet ResMKIMReport of Bids- T3➢ulski Comm Ctr,docx 4�� /i o *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH -------- - - - - - (J [MAJ— 5 ] * * ll [ 2/3 - 6 ] [3/4 - 7] q� FROM THE COMMISSIONER OF FIRE October 15, 2013 (b 0002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 2, 2013 FROM: DEPARTMENT: 21 - Fire SUBJECT: [:Permission to enter into a contract with [:Pulse Occupational, Medicine for [:Buffalo Firefighters annual physicals PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Please be advised that the Buffalo Fire Department respectfully requests permission to enter into a contract with Pulse Occupational Medicine at a cost not to exceed $300,000.00 for the performance of annual Firefighter physicals as required under NFPA 1582, Annual Fitness Evaluations. The funds will come from our medical account for physicals #12132006 432002. SIGNATURE c DEPARTMENT HEAD TITLE : arnelI W. Whitfie , Jr., Co issioner of Fire GWWIsa Permission to Enter Into Contract — Pulse Occupational Medicine (Fire) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated October 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to enter into a contract with Pulse Occupational Medicine for the performance of annual firefighter physicals as required under NFPA 1582, Annual Fitness Evaluations. Funds for this contract area available in Medical Account for Physicals Account #12132006 432002. PASSED 9 LA C:SDacuments and SettingslclehnerSLocal SettingslTempprary Internet FileslOLK LD1Permission to Enter Into Contract -Pulse Occupational Medicine.docx - !r a F== BUFFALO FIRE DEPARTMENT MEMORANDUM DATE: October 2, 2013 TO: Honorable Byron W. Brown Mayor of Buffalo FROM: Garnell W. Whitfield, Jr. Commissioner of Fire SUBJECT: Common Council Communication Permission to enter into a contract with Pulse Occupational Medicine for Buffalo Firefighters annual physicals am enclosing a Common Council Communication, for your approval, requesting permission to enter into a contract with Pulse Occupational Medicine for our Firefighters annual physicals at a cost not to exceed $300,000.00 as required under NFPA 1582, Annual Fitness Evaluations. �1 GWWIsa Enclosures R� *AYE* NO FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RIVED A RUSSELL SCANLON SMITH [ ------------ ] [ MAI - 5 ] [2/3 - 6 ] [3I4 - * 9 *D* * f,� w 1- 0002 #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotio I fu certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 9/16/13 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 ADDRESS LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -6819 LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN, XXX - XX- NAME STEPHEN HARTMAN ADDRESS 2761 CHRISTOPHER BLVD CITY & ZIP HAMBURG, NY 14075 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 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO _G 1:' , S J 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: 91'161'13 AA SIGNATURE OF APPOINTING AUTHORITY: w — - I _tn fl tl ORIGINAL + 2 COPIEb I U: i i r ULtKrk UIV1t7Cr.l1Kt Hrrvrry �1VICN 1 UR`F� OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 1 � FROM THE CORPORATION COUNSEL October 15, 2013 BYRON W. BROWN MAYOR 0 00 p'C CI1TY OF BUFFALO DEPARTMENT OF LAW 1 March 6, 2013 Mr. David Denk Regional Permit Administrator New York State Department of Environmental Conservation 270 Michigan Street Buffalo, New York 14203 T IMOTHY A. BAU CORPORATION COUNSEL RE: SEQR LEAD AGENCY COORDINATION REQUEST FOR INFORMATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET Dear Mr. Denk: In reply to your letter of February 7, 1013, please be advised that the following bodies and officers of the City of Buffalo exercise discretionary authority, pursuant to Buffalo City Code Chapter 263, Article VI, in the grant of licenses required for this action: Buffalo Planning Board (Buffalo City Code §263 -29. Buffalo Common Council (Buffalo City Code §263 -29) Buffalo Commissioner of Public Works (Buffalo City Code § §263 -.32 and 263 -33). Please be advised that the Buffalo Common Council, by resolution adopted March 5, seeks lead agency designation in this matter. Very truly yours, REFERRE TO THE COMMITTEE TIM A. BALL ON LEGISLATION. Corporation Counsel BY: AL GERSTMAN Assistant Corporation Counsel Encl. (1) cc.: The Hon. Byron W. Brown, Mayor The Hon Richard A, Fontana, President of the Council The Hon. David A. Franczyk, Councilmember ,x. Gerald Chwalinski, City Clerk Mr. Martin Grunzweig, Senior Planner, Division of Planning 1 65 NIAGARA SQUARE / 1100 CITY HALL / BUFFALO, NY 14202 -3379 / (716) 851 -4343 / FAX: (716) 851 -4105 / %,,.city- buffaloxom 1 V CITY CLERK'S OFFICE CITY HALL BUFFALO March 6, 2013 To Whom It May Concern: I hereby Certify, That at a Session of the Common Council of the City of Buffalo, held in the City Hall, on the 5th day of March, 2013 The following Resolution was Adopted which the following is a true copy. NO. 90 BY: MR. FRANC.ZYK BATTAGLIA TRANSFER STATION APPLICATION TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; 1037 -1055 SENECA STREET; SEQR LEAD AGENCY COORDINATION Whereas: By letter of February 7, 2013 the New York State Department of Environmental Conservation's Division of Permits for Region Number 9 advised the City of Buffalo that it has received an application from Battaglia Demolition, Inc. (alklalBattaglia Recycling Center) to modify its Solid Waste Management Permit for the facility located at 1037 -1055 Seneca Street within the City of Buffalo; Whereas: Battaglia Demolition, Inc. seeks to modify its Construction and Demolition transfer station by: increasing its capacity from 3800 tons per month to 750 tons per day (a nearly sevenfold increase), to install material sorting and screening system and to expand its operating hours by 20 hours per week; Whereas: The New York State Department of Environmental Conservation extended the time to comment on the appropriate Lead Agency for the Project until March 11, 2013, and asked for clarification concerning the previous municipal solid waste transfer station proposal by Battaglia Demolition, Inc.; Whereas: Applicant holds a current transfer station for construction and demolition debris license, issued by the City of Buffalo Commissioner of Public Works that is subject to conditions placed by the City of Buffalo Commissioner of Public Works, City of Buffalo Planning Board, and the City of Buffalo Common Council pursuant to their separate approval authorities contained in Chapter 263, Article VI I of the Buffalo City Code; Whereas: The changes in operation requested by Applicant exceed the conditions of operation placed in the existing license granted by the City of Buffalo; Whereas: Whereas Battaglia Demolition, Inc.'s intended use of the property clearly requires the concurrent approval of the Common Council of the City of Buffalo and the City of Buffalo Planning Board, pursuant to the Buffalo City Charter and Code §263- 29; Whereas: The City of Buffalo Common Council and the City of Buffalo Planning Board are involved agencies within the meaning of the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8) and the Regulations of the Commissioner of Environmental Conservation adopted thereunder; Whereas: The Common Council believes that the anticipated impacts of the action being considered are primarily of local significance, thereby necessitating that it be designated as the Lead Agency pursuant to 6 NYCRR 617(b)(5)(v)(a); and Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo formally requests that it be designated as Lead Agency in the above - referenced matter because the City, through the review of the Common Council and the Planning Board, will have the primary role in assessing the impact of the operations on the surrounding neighborhood and community, given the City's role in past concerns with the operation and the City's community assessment resources. And, Be It Further Resolved: That the Common Council formally requests that it be designated Lead Agency for the above - entitled action pursuant to the authority vested in the Commissioner of the New York State Department of Environmental Conservation by 6 NYCRR Part 617(b)(5)(i -vi); And, Be It Further Resolved: That City Clerk is hereby directed to mail copies of this Resolution by Certified Mail to: The Commissioner of the New York State Department of Environmental Conservation; each involved agency, including the City of Buffalo Planning Board, the New York State Division of Environmental Conservation's Division of Environmental Permits, Region 9, and the City of Buffalo Department of Public Works. ADOPTED t ATT T CITY CLE { 0� FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES October 15, 2013 Communication to the Common Council To: The Common Council: Date: October 4, 2013 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Mobile Food Truck [: 160 Delaware Av ( address [ (new application) Prior Council Reference: (if any) [: Ext. : Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 160 Delaware Ave for which said application for a Mobile Food Truck license is being sought by Falynn Koch @ Fally Mac and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 05 /2013) a'� CITY OF BUFFALO - MOBILE FOOD VEHICLE APPLICATION a 65 Niagara Sq. City Hail Room 301 Buffalo, NY 14202 Phone (716) 851 -4078 Fax (716) 851 -4952 Food Truck License expires on April 1. Type of Entity: ❑ Sole proprietor [3 1f Corporation ❑ Partnership Limited Liability Company Corporation Name t ( iM Business Phone (716) Business Name (dba) G Business Fax Business Address (no Po Box) Mailing Address (if different) NYS Tax ID # - 5 76 C� Business Website g11 61'k-716 (001 E -Mail 9 1 40 k y qmjg Information for applicant and each corporate officer Applicant (last, first) Fa [ y Home Phone l6 W3 2 56 2 Home Address: (PO Box not acceptable) 0 S ar g t�o p r S d. r A J Z Z Corporate officer (last, first) Home Phone Home Address: (PO Box not acceptabie) '( �iill�lry dJ�eSSo �elawar`e A,, Ruff N,) 1�26Z Include the following documentation: 7. Motor Vehicle Registration from NYS MVD S. Valid Motor Driver's License of each vehicle operator from NYS MVD 9. Criminal background check of the Q12licant and each co orate officer 10. Erie County Health Permit 11. Insurances: a) Public Liability b) Food Products Liability c) Property Insurance Coverage of not less than $1,000,000 per occurrence. Insurance coverage must contain proof of a thirty (30) day cancellation clause with the certificate holder as City of Buffalo /Office of Licenses, 301 City Hall, Buffalo, 14202. 12. Worker's Compensation Insurance or, if no employees, an Exemption Certificate at www.wcb.state ny us 13. FEE: $1,000 (Renewed yearly) Subscribed and sworn to before me this day of 20 For office use only App No �l F(3 '- 0 v� 9 Revised: Feb 2012 I AM AWARE OF THE FOLLOWING RESTRICTIONS: abide by parking/traffic laws; must operate from streets and public property and at least 100 ft from an open Iicensed food establishment; has a `measuring wheel' with a capacity of no less than 500 ft; vehicle must be equipped with trash receptacles; permanently and prominently affix to the vehicle the issued decal; operate 500 ft away from a sanctioned Special Event; not valid in the special Downtown District. I am aware of the obligation to provide timely notice of any change in required information. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief, Name and signature of applicant and each corporate officer Print Name Signature Date ff LORRiE K. TURNER Notary Public, State of Now York Qualified in Erie Counfy /' My Cotrnmission Expires July 7.2Q5 P -147C (REV. 3/96) APPLICATION RELEASE FORM TO BE MAILED f Buffalo Police Department r• 3 Identification Section �F 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. AO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money Ord' r payable to the 13ullaIo police Be sure to include a stamped, self - addressed envelope so that this information can be mailed to yon, Complete all the information listed below and have your identification and signature verif by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST B GINAL NAME OF APPLICANT: a G MAIDEN NAME: SEX: RACE: CURRENT ADDRES DATE OF BIRTH: SOCIAL SECURITY REASON FOR REQUEST: 1 r V t' SIGNATURE OF DATE: STATE OF NEW YORK) - COUNTY OF ERIE ) SS. CITY OF BUFFALO } � On the 6 Day of ! - 2© Before me .personally appeared To me known to be the same person described in, and who Executed th foregoing instrument and acknowledged the executions thereof. SAW, NO RD Notary PublirlCom issloaer of D s BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL 0 RECORD ATTACHED VERIFIED BY: DATE VERIFIED : A 7 NO RECORD ON FILE NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. 1�� CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 OR �Ft , �'" - ka REVIEW TYPE: FIRE REFERRED TO: CHIEF MARK MORGANTI APPLICATION FOR: FALYNN KOCH LICENSE TYPE: APPLICANT ADDRESS: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I R-05 F4 9 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** DISAPPROVAL REASON: --------------------------------------------- ------------------------------- (TO-BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (:APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL. DATE: REMARKS: INSPECTOR: M013ILE FOOD TRUCK 160 DELAWARE AVE BUFFALO, NY 14202 (716)803 -2362 MFT13- 10026997 RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL, TO THE OFFICE OF LICENSES. THANK YOU. COUNTY OF ERIE � HEALTH DEPARTMENT PERMIT The person or corporation hereinafter named is hereby granted permission to conduct the business of a(n) Food Service Establishment at the address stated below. This permit is issued on the express condition that the permittee conducting said business will comply with any and all applicable State, Local, and Murficipal" Laws, Ordinances, Codes, Rules and Regulations and may be revoked or suspended by the Commissioner of Health of the County of Erie for any failure on the part of the permittee to meet such legal requirements. This permit No. MTUK- 9A7P9Z expires on 09/30/2014 unless suspended or revoked. Fally Mac Mobile 160 Delaware Avenue Buffalo NY 14202 OWNERIOPERATOR: Fally Mac LLC OPERATION(S): Mobile Food Service Establishment PERMIT CONDITION(S): Gale R Burstein, MD, MPH Commissioner of Health THIS PERMIT IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS PLACE. `4A FALLLLC -01 SLEVESQUE E {tlMroo myY) �-h CERTIFICATE OF LIABILITY INSURANCE DAr EIMM0113 [ISELOW. HIS CERTIFICATE IS ISSUED AS q MATTER DF lNFORNIATION ONLY AEYI7 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENT] OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ANCE THIS CERTIFICATE OF INSUR DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain Policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lawley Agency, LLC NAME: 361 Delaware Avenue P FAX Buffalo, NY 14202 l E : 1 (716) 849 -869 8 arc N l 1 (716) 849 -8291 INSURED Ohio If FallyMac LLC 160 Delaware ave Buffalo, NY 14202 B: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE REVISION NUMBER: BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE THE TERMS, BEEN REDUCED BY PAID CLAIMS, INSR AD L SUB LTR TYPE OF INSURANCE SR POLICY UMBER MMl�DPYYYY MIHID�A'Y - LIMITS GENERAL LIABILITY A X EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY X BKO1455712032 9/3/2013 913!2014 PREMISES Ea occurrence $ 300,000 CLAIMS -MADE OCCUR MED EXP (Anyone person) $ 15,000 ' PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X PRO- PRODUCTS - COMPIOPAGG 1 2,000,000 POLICY LOC AUTOMOBILE LIABILITY COMBINE]. SINGLE LIMIT $ A ANY AUTO BA01456712032 9/3/2013 91312014 Ea accident $ BODILY INJURY (Per person) $ 1,000,000 ALI_ OWNEO SCHEDULED X AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ PERACCIpEN X UMBRELLA UAB X OCCUR A EXCESS LtAB CLAIMS - MADE X US01465712032 9/3/2013 913/2014 EACH OCCURRENCE $ 1,000,000 DED X RETENTION $ 10,000 AGGREGATE g 1,000,000 WORKERS COMPENSATION - $ AND EMPLOYERS LIABILITY YIN H- T MIT OT H_ ANY PROPRIETOR F--1 EXCLUDED? NIA - E.L. EACH ACCIDENT $ (Mandatory in NHJ If yes, describe under - E,4. DISEASE -EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 161, Additional Remarks Schedule, N more space is required) - CE RTIFICATE HOLDER CANCELLATION SHOULD ANY IF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Buffalo and Office of Licenses THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 301 City Hall ACCORDANCE WITH THE POLICY PROVISIONS. Buffalo, NY 14202 AUTHORIZED REPRESENTATIVE 01988- 2010ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks afACORD Certificate of Attestation of Exemption From New York State Wdrkers Compensation . and /or Disability Benefits Insurance Coverage * *This form cannot he users to - waive the workers' compensation rights or obligations of any pang. The applicant may use this Certificate of Attestation of Exemption ONLY to show a government entity that New York State specific workers' compensation and/or disability benefits insurance is not required. The applicant may NOT use this form to show another business or that business's insurance carrier that such insurance is not required. Please provide this farm to the government entity from which you are requestinE a permit, license or contract. This Certificate will nor oe acceptea Dy government officials one year after the date printed on the form. In theApAicati4ii of Business Applying For: (Legal Entity Naune and Address): Health Permit or License FALLYMACUC 160 DELAWARE AVE From: ERIE COUNTRY DEPARTMENT OF HEALTH BUFFALO, NY 14202 PHONE: 716403 -2362 FEIN. xxxxx5967 The above named business is certifying that it is NOT REQUIRED TO OBTAIN NEW YORK STATE SPECIFIC WORKERS' COMPENSATION INSURANCE COVERAGE for the following reason: The business is owned by one individual and is not a corporation. Other than the owner, there are no employees, day labor, leased employees, borrowed employees, part -time employees, unpaid volunteers (including family members) or subcontractors. Disability Benefits Exemption Statement: The above named business is certifying that it is NOT REQUIRED TO OBTAIN NEW YORK STATE STATUTORY DISABILITY BENEFITS INSURANCE COVERAGE for the following reason: The business MUST be either: 1) owned by one individual; OR 2) is a partnership (including LLC, LLP, PLLP, RLLP, or LP) under the laws of New York State and is not a corporation; OR 3) is a one or two person owned corporation, with those individuals owning all of the stock and holding all offices of the corporation (in a two person owned corporation each individual must be an officer and oven at least one share of stock); OR 4) is a business with no NYS location. In addition, the business does not require disability benefits coverage at this time since it has not employed one or more individuals on at Ieast 30 days in any calendar year in New York State. (Independent contractors are not considered to be employees under the Disability Benefits Law.) 1, rAL YNN U. KUC I-1, am the Sole Proprietor with the above -named legal entity. l affirm that due to my position with the above-named business I have the knomiedge, information and authority to make this Certificate of Attestation of Exemption. I hereby affirm that the statements made herein are true, that I have not made any materially false statements and I make this Certificate of Attestation of Exemption under the penalties of perjury. 1 further affirm that I understand that any false statement, representation or concealment will subject me to Felony criminal prosecution, including jail and civil liability in accordance with the Workers' Compensation Law and all other New York State laws. By submitting this Certificate of Attestation of Exemption to the got eminent entity listed above I also hereby affirm that if circumstances change so that workers' compensation insurance and/or disability benefits coverage is required, the above -named legal entity wilt immediately acquire appropriate New York State specific workers' compensation insurance and/or disability benefits coverage and also immediately furnish proof of that coverage on forms approved by the Chair of the Workers' Compensation Board to the government entity l' above. SIGN Signature•. _ - . Date: c r y s CE -200 I2l2009 Y 1 1 t Mobile Food Truck — Fally Mac Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated October 4, 2013, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Falynn Koch of 160 Delaware Avenue, Buffalo, New York 14202, d/b /a Fally Mac is hereby approved. PASSED CADocoments and Settingslc1ehner\Loca1 SettingsUemporary lntemet FilesIOLMDWobile Food Tusk -Fally Mac -docz � -— 1 10 *AY E* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL * SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] , [213 - 63 [314 - 7) FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING October 15, 2013 0 0 2) IN 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 09/24/2013 FROM: DEPARTMENT: Division for Youth SUBJECT: [:City of Buffalo Girls Circle Program -Grant [:Acceptance of grant and interfund cash loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxtxx) The Department of Community Services, Division for Youth has been awarded a grant from the New York State Department of Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $ 11,372.00 An interfund cash loan is to be made in the maximun amount of $11,372.00 as needed subject to your approval and receipt of signed grant document. Loan is payable at date of reimbursment. SIGNATURE DEPARTMENT HEAD TITLE: Deputy Commissioner of the Department Community Servies and Recreational Programming No CITY OF BUFFALO INTERDEPARTMENTAL CORRESPONDENCE TO: Jeni Wozniak, Grant Audit Supervisor FROM: — Kathy Isch _ DATE 10/0312013 SINCE New Grant Fund Account Code Please create a new fundlaccount for: Title of Grant: Girls Circle Program Grant ID: DCJS JBD2612205 Agency Providing Grant: Division of Criminal Justice Services Are these federal funds or federal passed through funds? _x yes no If yes, Federal Agency: Division of Criminal Justice Services CFDA Number: 16.523 Grantor Contact Information: Name: City of Buffalo Division of Youth Phone: 716- 851 -5177 Amount: $ 10,235.00 Match: $1,137.00 Will you need an iinterfund cash loan? _x_ yes no If yes, amount requested: $11,372.00 include cash flow. Effective Date: 0110 - 1114 - 12131114 Approved: CCP Date: _ _ _ -- _ — ` Item # _ BFSA Date: _ _ — _ — _ — (If over $50,000, 00) Administering City Department: Division for Youth City Program Manager Responsible for Grant: Name: Kathy Isch M.S., Program Director of Youth Counseling Phone number: 716- 851 -5177 Please check off the list below to ensure proper documents are submitted for creation of a grant account: Letter from department head requesting grant be set up Award Letter Signed Grant Agreement Budget To be filled out by Department of Audit & Control: Grant Fund: _ _ _ _ Project ID: _ _, _ _ _ MUNIS Routing Dept: — — G Award Contract Page 1 of 28 STATE AGENCY NYS COMPTROLLER'S NUMBER: T612205 Division of Criminal Justice Services (Contract Number) 80 South Swan Street Albany, NY 12210 ORIGINATING AGENCY CODE: 01490 - Division of Criminal Justice Services GRANTEEICONTRACTOR: (Name & Address) Buffalo, City of TYPE OF PROGRAMS: Juvenile Accountability Block Grant 65 Niagara Square DCJS NUMBERS: JBD2612205 Room 201 CFDA NUMBERS: 16.523 Buffalo, NY 14202 FEDERAL TAX IDENTIFICATION NO: 166002533 INITIAL CONTRACT PERIOD: MUNICIPALITY NO: (if applicable) 140207000000 FROM 01/01/2014 TO 12/31/2014 FUNDING AMOUNT FROM INITIAL PERIOD: $10,235.00 STATUS: Contractor is not a sectarian entry. MULTI -YEAR TERM: (if applicable): 0 1 -year renewal options. Contractor is not a not - for - profit organization. CHARITIES REGISTRATION NUMBER: APPENDIX ATTACHED AND PART OF THIS AGREEMENT X APPENDiX A Standard Clauses required by the Attorney General for all State contracts X APPENDIXA1 Agsncy- speCifiC Clauses - (Enter number or Exempt) - X L APPENDIX B Budget if "Exempt" is entered above, reason for exemption. x APPENDIX C Payment and Reporting Schedule NIA X APPENDIX D Pnogram Workplan _APPENDIXF Guidelines forlhe Control and Use of Confidential Funds Contractor has _ has not_ timely filed with the Attorney General's Charities _APPENDIX Pramdural Guidelines forthe Contrul of surveillance Equipment Bureau all required periodic or annual written gOther(Jdamiy) reports. IN WITNESS THERE OF, the parties hereto have electronically executed or approved this AGREEMENT on the dates of their signatures. NYS Division of Criminal Justice Services BY: , Date: Office of Program Development and Funding State Agency Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract". GRANTEE: BY: Hon. Byron W. Brown , Mayor Date: ATTORNEY GENERAL'S SIGNATURE APPROVED, Thomas P. DiNapoli, State Comptroller Title: Title: Date: Date: https: // grants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 2 of 28 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/16/2013 AGREEMENT STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X) Amendment. Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix amendment for that PERIOD. C. This AGREEMENT incorporates the face page attached as presented in the Grants Management System (GMS) AWARD online printable report, and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement. Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, change in scope, or change in term is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A -1. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant'laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. II. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. III. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the https: l/ grants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 3 of 28 CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A -1. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. S. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim,:demand or application to or for any right based upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix A -1. VI Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of the laws and regulations, or specified in Appendix A -1. Certified by - on https:H grants. criminaljustice. ny. gov /Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 4 of 28 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/16/2013 APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, 'the contract' or'this contract') agree to be bound by the following clauses which are hereby made a part of the contract (the word 'Contractor' herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appro 1priated and available for this contract. 2. NOWASSIGNM ENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved. by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of https:// grants. criminaliustice. ny. gov /Project/ReportContractAward.jsp 8/16/2013 Award Contract all moneys due hereunder for a second or subsequent violation. Page 5 of 28 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevail -ing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3 -a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participa sting, or shall participate in an international boycott in viola -tion of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, 'the Records'). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspec-tion, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the 'Statute') provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such https:// grants. criminaliustice. ny. gov /Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 6 - of 28 1 �L number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of 'a', 'b', and 'c' above, in every subcontract over.$25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the 'Work') except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A https:Hgrants.criminali ustice.ny. go v /Proj ect/ReportContractAward. jsp 8/16/2013 - Award Contract Page 7 of 28 shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ('CPLR'), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation, Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518- 292 -5884 http: / /www.empire.state.ny.us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 https: // grants. criminaliustice. ny. gov /Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 8 of 28 Telephone: 518- 292 -5250 Fax: 518 - 292 -5803 http: / /www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). 23, COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4 -g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a'procurement contract' as defined by State Finance Law Sections 139-j and 139 -k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139 -k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5 -a, if the contractor fails to make the certification required by Tax Law Section 5 -a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5 -a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. December 2011 Certified by - on https: / /grants.criminaljustice.ny. goy/ Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 9 of 28 https: // grants. criminaljustice. ny. gov /Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 10 of 28 O Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/16/2013 APPENDIX Al AGENCY- SPECIFfC CLAUSES 1. For grant solicitations or direct grant awards announced before April 10, 2006, if this Agreement exceeds $15,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $15,000 or less, it shall not take effect until it is executed by both parties. For grant solicitations or direct grant awards announced on or after April 10, 2006, if this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $50,000 or less, it shall not take effect until it is executed by both parties. 2. This Agreement sets forth the entire understanding of the parties and may not be altered or amended except in writing and signed by the parties hereto. 3. The failure of a party to enforce a contractual obligation shall not eliminate the other party's obligation to perform such contractual obligation. 4. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 5. The Grantee must notify DCJS in writing of any change in the number, title, job duties or rate of remuneration of project staff which changes the Personal Service Project Budget line by 10 percent or under. Any change in the number, title, job duties or rate of remuneration of project staff which changes the Project Budget line more than 10 percent must be approved in writing by DCJS prior to implementation. The Grantee agrees to provide .DCJS with resumes and supporting documentation upon request. 6. The Grantee shall submit detailed itemization forms for personal service and fringe benefit expenditures, in a format determined by DCJS, with any voucher and Fiscal Cost Reports requesting payment for expenditures. 7. The Grantee must maintain specific documentation as support for project related personal service expenditures, depending upon whether this grant contract project is supported by State or Federal funds: A. For State funded grants: For all Grantee's staff whose salaries are paid in whole or in part from grant funds provided under this Agreement, the Grantee shall maintain a time recording system which shows the time devoted to the grant project. The system shall consist of time sheets, computerized workload distribution reports, or equivalent systems. The time devoted to grant activities must be determinable and verifiable by DCJS. If time sheets are used, each must be signed by the individual and certified by the individual's supervisor in a higher level position at the end of each time reporting period. B. For Federally funded grants: Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi - annual (or more frequent) personal service certifications and/or an after- the -fact personnel activity reporting system (or equivalent) which complies with the requirements of the Federal Office of Management and Budget (OMB) Circulars A -21, A -87 or A -122, as applicable: 1. OMB Circular A -21 [Item J, General provisions for selected items of cost] identifies documentation required for educational institutions as support for grant project personnel costs. 2. OMB Circular A -87 [Attachment B, Selected Items of Cost] identifies the documentation required for local government agencies as support for grant project personnel costs. 3. OMB Circular A-122 [Attachment B, Selected Items of Cost] identifies the documentation required for non - profit organizations as support for grant project personnel costs. The most current version of these Federal OMB Circulars may be viewed on -line at: https: // grants. criminaljustice. ny. gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 11 of 28 www .whitehouse.gov /omblcirculars. The Grantee is to ensure full compliance with specific personal service documentation requirements of these OMB Circulars as applicable directly to the Grant recipient and to any sub- recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 8. Budget amendments are governed as follows: A. Any proposed modification to the contract which results in a change of greater than 10 percent to any budget category must be submitted for prior approval by DCJS and the NYS Office of the State Comptroller. An Appendix X setting forth the proposed amendment must be electronically signed via the Grants Management System by the Grantee for approval by DCJS and the NYS Office of the State. Comptroller before the next voucher and/or fiscal cost report will be approved. B. For proposed modifications to the contract which result in a change of 10 percent or less to any budget category, the following shall apply: 1. The Grantee is not permitted to reallocate funds between Personal Service and Non- Personal Service budget categories without the prior approval of DCJS. A grant amendment setting forth the proposed reallocation must be approved by DCJS via the Grants Management System before the next voucher and /or fiscal cost report will be approved. 2. Prior approval by DCJS is not required for Non - Personal Service budget changes which are less than 10 percent. A letter signed by the Chief Executive Officer or Fiscal Officer authorizing these changes must be submitted to DCJS with the next voucher or fiscal cost report submission. 9. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 10. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, and, unless prior written authorization has been received from DCJS, shall not exceed rates authorized by the NYS Office of the State Comptroller. 11. The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. A copy of the agreement must be submitted to DCJS with the appropriate voucher for payment, All consultant services must be obtained in a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. A. The rate for a consultant should not exceed $450 for an eight -hour day (not including travel and subsistence costs). A rate exceeding $450 per eight -hour day requires prior written approval from DCJS and may be approved on a case -by -case basis where adequate justification is provided and expenses are reasonable and allowable. B. In addition to the above requirements, a Grantee that is a local government or a not - far - profit must adhere to the following guidelines at a minimum when obtaining consultant services: 1. Consultant services that cost up to $999 under this grant agreement can be obtained at the Grantee's discretion. 2. Consultant services that cost between $1,000. and $4,999 under this grant agreement must be supported by at least three telephone quotes and a record created of such quotes. 3. Consultant services that cost between $5,000 and $9,999 under this grant agreement must be supported by at least three written quotes on a vendor's stationery and a record created of competitive procurement process utilized. 4. A Grantee obtaining consultant services that cost in excess of $10,000 must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. https: // grants. critninaljustice. ny, gov /Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 12 of 28 C. A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding, must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and basis upon which the price was determined to be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval.must also be submitted with the voucher for payment. D. Notwithstanding the provisions of this paragraph, the Parties agree that DCJS' prior written approval is not required for the employment of a consultant when such employment is secured in relationship to a criminal matter as an expert witness, consultant or investigator. The Parties agree that the employment shall be supported by a written agreement and that all requests for reimbursement shall be supported by documentation identifying the criminal matter involved, services provided, time commitment and schedule. Such agreement and documentation shall be submitted to DCJS with the appropriate voucher for payment. 12. All procurements, other than consultant services, shall be conducted in the following manner. Written justification and documentation for all procurements must be maintained on file and made available upon request. Detailed itemization forms for non - personal service expenditures, in a format determined by DCJS, shall accompany each voucher and Fiscal Cost Report requesting payment. All procurements must be made in a fair and open manner and in accordance with the pre - determined methodology established for evaluating bids (e.g., lowest responsive bidder or best value). A. A Grantee that is a state entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. B. A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A and any other applicable regulations. C. In addition, a Grantee that is a not - far - profit must also make all procurements as noted below: 1. If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. 2. A Grantee may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. 3. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $1,000 and $4,999, a Grantee must secure at least three telephone quotes and create a record for audit of such quotes. 4. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $5,000 and $9,999, the Grantee must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes. 5. A Grantee spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. 6. A Grantee who proposes to purchase from a particular vendor without competitive bidding must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. 13. Applicable equipment purchased with funds provided by this Agreement as listed in Appendix B, Budget, shall be assigned a unique inventory number. The Grantee shall list all applicable equipment purchased with such funds in the GMS Property Module and print and submit such reports to DCJSIODPF program representatives with the final program progress report or sooner. Alternatively, the Grantee may use the Equipment Inventory reports prescribed by DCJS to list equipment purchases and submit them to DCJS via postal service. Items of equipment costing less than $500 do not need to be reported on the Equipment Inventory Reports although the Grantee is encouraged to maintain an internal inventory for audit purposes. Upon completion of all contractual requirements by the Grantee, DCJS will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in conducting a criminal justice program. https:H grants. criminaljustice. ny. gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 13 of 28 14. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Grantee receives funding from two or more sources, all necessary steps must be taken to ensure that grant - related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross - referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). Grantee agrees it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Not - for - Profit Organizations. This Agreement may be subject to a fiscal audit by DCJS to ascertain financial compliance with Federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescribed by applicable Federal, State, and DCJS guidelines. 15. Where advance payments are approved by DCJS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent with Appendix B. 16. DCJS reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and DCJS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or Federal laws or regulatory provisions or, if in DCJS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. DCJS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's failure to correct or comply with the written notice by DCJS, DCJS reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. DCJS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon issuance of a final audit report and appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compliance with Agreement terms. 17. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. "1501 et seq.) as amended. 18. Program income earned by the Grantee during the funding period as a direct result of the grant award must be reported in writing to DCJS, in addition to any other statutory reporting requirements. This includes income received from seized and forfeited assets and cash, as well as: sale of grant purchased property; royalties; fees for services; and registration /tuition fees. Interest earned on grant funds is not program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to DCJS. All income, including interest, generated by the use of these grant funds will be used to enhance the grant project. 19. If applicable, the Grantee agrees to obtain not - for - profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DCJS with this information as soon as it is available. 20. Unless otherwise specified, in accordance with the State Finance Law, the availability of all State funds for liabilities already incurred thereunder shall cease on September 15th of the year following the fiscal year in which the funds were appropriated, unless such funds are reappropriated by the New York State Legislature. To ensure payment, vouchers must be received by DCJS by August 1st of the year following the fiscal year in which the funds were appropriated. 21. The Grantee will submit program progress reports and one final report to DCJS via the GMS system and additional information or amended data as required. A. Program progress reports will be due within 45 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. The first program progress report will be due within 45 days of the last day of the calendar quarter from the start date of the program. https:// grants. critninaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 14 of 28 Program progress reports thereafter will continue to be made until such time as the funds subject to this Agreement are no longer available, have been accounted for, and/or throughout the Agreement period or project duration. Calendar quarters, for the purposes of making program progress reports, shall be as follows: Calendar Quarter; Report Due January 1 - March 31; May 15 April 1 - June 30; August 15 July 1 - September 30; November 15 October 1 - December 31; February 15 B. The final report, or where applicable interim progress reports, will summarize the project's achievements as well as describe activities for that quarter. 22. If for any reason the State of New York or the federal government terminates its appropriation through DCJS or fails to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of DCJS, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds are available to DCJS for payment of such costs.. Upon termination or reduction of the Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to DCJS. In any event, no liability shall be incurred by DCJS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to DCJS because of disallowed expenditures after audit shall be its responsibility. 23. If Appendix B, Program Budget, makes provisions for overtime payment, the Grantee agrees to submit vouchers for such payment of overtime charges within 45 days after the last day of the quarter for the reporting period. The Grantee further agrees to limit overtime earnings to no more than 25 percent (25 %) of the employee's annual personnel cost (salary plus fringe benefits) during the term of this Agreement. No reimbursements for overtime charges in excess of this 25 percent (25 %) limit will be made unless prior written approval has been obtained from DCJS. 24. None of the goals, objectives or tasks set forth in Appendix D shall be subawarded to another organization without specific prior written approval by DCJS. Where the intention to make subawards is clearly indicated in the application, DCJS' approval is deemed given, if these activities are funded as proposed. If this Agreement makes provisions for the Grantee to subgrant funds to other recipients, the Grantee agrees that all subgrantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any subgrantee as if it were its own. The Grantee agrees that all subgrantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: - Activities to be performed; - schedule; - Project policies; -Other policies and procedures to be followed; - Dollar limitation of the Agreement; - Appendix A, Appendix A -1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Agreement; and - Applicable Federal and /or State cost principles to be used in determining allowable costs. The Grantee will not be reimbursed for subgranted funds unless all expenditures by a subgrantee are listed on certification forms. Backup documentation for such expenditures must be made available upon request. All expenditures must be programmatically consistent with the goals and objectives of this Agreement and with the financial plan set forth in Appendix B. 25. Federal Funds A. In accordance with Federal requirements, a Grantee which receives during its fiscal year $500,000 or more of Federal funds (including pass - through and direct) from all sources, including this Agreement, must agree to have https: // grants. criminaljustice. ny. gov / Project /ReportContractAward.jsp 8/16/2013 Award Contract Page 15 of 28 an independent audit of such Federal funds conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A -133. OMB Circular A -133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. The Grantee further agrees to provide one copy of such audit report(s) to DCJS within nine months of the end of its fiscal year(s). B. In accordance with Federal requirements, a Grantee receiving Federal pass - through funds must also agree to comply with the terms and conditions of any and all applicable Federal OMB Circulars. For the convenience of the Grantee, the following OMB circulars are noted as the most common applicable to federal funds passed through DCJS: -OMB Circular A 21, Cost Principles for Educational Institutions; -OMB Circular A 87, Cost Principles for State, Local and Indian Tribal Governments; -OMB Circular A 102, Grants and Cooperative Agreements With State and Local Governments; -OMB Circular A 110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations; and -OMB Circular A 122, Cost Principles for Non Profit Organizations. The Parties agree that, dependent upon the status of the Grantee, additional circulars may also be applicable. The most current version of all Federal OMB Circulars may be viewed on -line at: www.whitehouse.gov/omb/circulars. The Grantee is to ensure full compliance with all cost documentation requirements of OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 26. Any creative or literary work developed or commissioned by the Grantee with grant support provided by DCJS shall become the property of DCJS, entitling DCJS to assert a copyright therein, unless the parties have expressly agreed otherwise in a written instrument signed by them. A. If DCJS shares its right to copyright such work with the Grantee, DCJS reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with grant support. B. If the grant support provided by DCJS is federally sponsored, the federal awarding agency also reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with such grant support. C. The Grantee shall submit one copy of all reports and publications resulting from this Agreement to DCJS. Any publications must contain the following statement, in visible print, of any document generated pursuant to a grant administered by DCJS: This project was supported by a grant administered by the New York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Division of Criminal Justice Services. 27. Original records must be retained for six years following the submission of the final claim against this Agreement. In the event of a fiscal audit, the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. DCJS requires that all documentation materials be organized, readily accessible, and cross - referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, etc., are to be kept in a fiscal office which is separate and apart from the program office, the project manager must have access to these original records. Such fiscal records must readily identify the associated project. In addition, a separate set of records must be retained for each project year. 28. Grant - related expenditures shall be reported on Fiscal Cost Reports and detailed itemization forms provided by DCJS. These reports must be prepared periodically as defined in Appendix C of this Agreement. All reported expenditures must reconcile to the program accounting records. Prior period adjustments shall be reported in the same accounting period that the correction was made. VER:05105/10 https:// grants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 16 of 28 Certified by - on https: // grants. criminaljustice. ny. gov/ Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 17 of 28 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/16/2013 APPENDIX B - Budget Summary by Participant Buffalo, City of -Version 1 # Personnel Numbe Unit Cost Total Gran Matching Field tries for Girl's 1 1 $958.001 $958.001 $958.001 Cost Funds Funds 1 Youth Counselor 96 hrs. x $31.50 hr. 1 $3,024.00 $3,024.00 $3,024.00 $0.00 Justification: Salary of the Youth Counselor is to c0- facilitaite groups and ten hours for each series for re aration of the group. 21 Program Director of Youth Counseling 96 hours 1 1 $3,745.00 1 $3,745.00 1 $3,745.00 $0.00 Justification: Fringe benefit rate will be a rt of the match for this project. Frin a benefits are cal. at 18.95% $39.DDIhr. 1 $306.00 $306.00 Justification: Oyer -time for 4 hours a week for 26 weeks and 4 hours for each series to manage and administer rant. Total $6,769.00 $6,769.00 $0.00 # Fringe Benefits Number Unit Cost Total Cost Grant Matching Field tries for Girl's 1 1 $958.001 $958.001 $958.001 $0.00 Funds Funds 1 Program Director of Youth Counseling 1 $831.00 $831.00 $0.00 $831.00 18.95% Justification: Fringe benefit rate will be a rt of the match for this project. Frin a benefits are cal. at 18.95% 2 Youth Counselor @ 18.95% partical reimbursmen# 1 $306.00 $306.00 $0.00 $306.00 Justification: Fringe benefit rate will be part match for this project. Fringe benefits are cal. at 18.95% FICA Partical reimbursment Total 1 $1,137.001 $0.001 $1,137.00 #1 All Other Ex enses Number Unit Cost I Total Cost I Grant Funds Matching Funds 11 Field tries for Girl's 1 1 $958.001 $958.001 $958.001 $0.00 Justification: The amount will include costs associated with field trips for the girl's who complete the Girl's Circle Program. 2 trips at approx 479.00 2 1 Refreshments 1 23 1 $96.001 $2,208.001 $2,208.001 $0.00 Justification: Refreshments for each session 23 x $95.00 per session. Field trips are not included 3 1 Bus tokens 1 3 1 $100.001 $300.001 $300.001 $0.00 Justification: Tokens are needed for trans oration for participants to come to and from meetings. Total 1 $3,466.001 $3,466.00 $0.00 Total Project Costs Total Cost Grant Funds Matching Funds $11,372.00 $10235.00 $1,137.00 Total Contract Costs Total Cost Grant Funds Matching Funds $11.372.00 $10,235.00 $1,137.00 https:// grants. criminaljustice. ny. gov /Project /ReportContractAcward jsp 8/16/2013 Award Contract Page 18 of 28 Award Contract Juvenile Accountability Block Grant Project No. . Grantee Name JB12- 1023 -E00 Buffalo, City of 0$11612013 APPENDIX C PAYMENT AND REPORTING SCHEDULE NOTE: Additional payment provisions associated with the schedule(s) below are detailed in Appendix A -1. For All Grantees: 1. The Grantee agrees that this is a reimbursement -based contract; an advance may be provided through Appendix D (Special Conditions). All requests for reimbursement must reflect actual costs that have been disbursed or items received by the Grantee. A purchase order issued without receipt of the items or service is not eligible for reimbursement. 2. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Failure to submit the final program report, or interim progress report designated as the final report, may result in a disallowance of 25 percent (25 %) of the grant amount. The Grantee must also refund all unexpended advances (see item three below.) Final vouchers reimbursement payment and reports must be submitted within 45 days of the end of the grant contract period. Failure to voucher within this period may result in the loss of grant funds. 3. if at the end of this grant contract there remains any unexpended balance of the monies advanced under this contract in the possession of the Grantee, the Grantee shall submit a certified check or money order for the unexpended balance payable to the order of the State of New York and return it to the DCJS Office of Finance with its final fiscal cost report within 45 days of termination of this grant contract. 4. Vouchers shall be submitted in a format acceptable to DCJS and the Office of the State Comptroller (see http: / /www. criminaljustice .state.ny.us /ofpa /forms.htm). Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Project Budget (Appendix B) and during the contract period. When submitting a voucher, such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. Requirement b) does not apply to Legislative sponsored State grants. 5. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the DCJS Office of Financial Services. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law ( http:/l caselaw. Ip. findlaw .com /nycodes /c113 /a19.html). Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Grantee must notify the Office of Finance in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. 6. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Division of Criminal Justice Services Office of Finance 4 Tower Place Albany, NY 12203 -3764 7. Payment Schedule PAYMENT and PAYMENT DUE DATE 1: Pending appropriation, 30 days after commencement date of contract with proper documentation or upon receipt of proper documentation, whichever is later. https: // grants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/15/2013 Award Contract Page 19 of 28 2 -4: Quarterly A not - for - profit Grantee operating on a multi -year contract may voucher for an optional fifth quarter advance against the succeeding year's appropriation,. pursuant to NYS Finance Law, Section 179 -u. All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by supporting detailed itemizations of personal service and non - personal service expenditures and other documentation as required, and by a fiscal cost report for the reporting period. DCJS reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a final budget reallocation. Fiscal cost reports must be submitted showing grant expenditures and/or obligations for each quarter of the grant within 45 days after the last day of the quarter for the reporting period. Advance payments shall be permitted as specified in Appendix A -1, and in the amount specified in Appendix D (Special Conditions). Payment requests need to include the following documents as required: - Detailed Itemization of Personal Service Expenditures - Detailed Itemization of Non- Personal Service Expenditures - Detailed Itemization of Consultant Expenditures -Expert witness agreement and supporting documentation - Voucher and Fiscal Cost Report signed - Written documentation of all required DCJS prior approvals as follows: -DCJS approval of non - competitive consultant. -DCJS approval of non- competitive vendor for services. -DCJS approval of consultant services reimbursement greater than $450 per eight hour day. -DCJS approval of change to Personal Services by more than 10 percent. -DCJS approval to exceed NYS Office of the State Comptroller travel, meals and lodging rates. -DCJS approval to subaward to another organization. -DCJS approval for overtime payments exceeding 25 percent of an employee's annual personnel cost. -DCJS and NYS Office of the State Comptroller approval to modify Personal Services and Non Personal Services budget categories by more than 10 percent. -DCJS approval to reallocate funds between Personal Services and Non Personal Services. 8. CONTRACT. PAYMENTS: Contractor shall provide complete and accurate billing invoices to the agency in order to receive payment. Billing invoices submitted to the agency must contain all information and supporting documentation required by the Contract, the Agency and the State Comptroller. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website atwww. osc.state.ny.us /epay /index.htm, by email at epunit @osc. state. ny.us, or by telephone at 518474 -4032. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. VER012510 Certified by - on https: // grants. criminaljustice. ny. gov/ Project/ReportContractAward.jsp 8/16/2013 Award Contract Page 20 of 28 1 0 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/1612013 APPENDIX D - Work Plan Goal To implement a Girls Circle Group that will hold at -risk females ages 12 -15 accountable, reduce/prevent further delinquency and address specialized needs by integrating relational cultural theory (RECTA), resiliency practices, and skills training into specific format designed to increase positive connections, personal and collective strengths, and social competencies. Objective #1 To ensure adequate administrative support is provided to the proposed Girls Circle Group project in the City of Buffalo. Task #1 for Objective. #1 The following tasks are associated with this objective: 1. Support/hire program staff as listed in the project budgets and/ or as needed to meet project goals (changes must be approved in writing by DCJS. To include the following staff positions: a. City of Buffalo - Program Director of Youth Counseling - 160 hours for program year b. City of Buffalo - Clerical Support - Interns (Match) - 120 hours for program year c. Sub -award to Child and Adolescent Treatment Services (CATS) as listed in GMS budget 2. Staff will conduct/ participate in planning and training as needed to carry out grant activities, to include: a. Participation in the local Juvenile Crime Enforcement Coalition (JCEC), as required of JABG- funded projects. # Performance Measure The following data elements and supplemental materials will be submitted as required by DCJS: # 1 planning /training events (attach list with dates, participant types and other important details); # of agencies, groups and juvenile justice stakeholders represented at trainings (attach names /agency lists). Objective #2 To help increase accountability, reduce risk factors and increase protective factors among 16 juvenile female probationers, referred by the Erie County Probation Department, by providing two ten -week series of Girls Circle programming. Task #1 for Objective #2 The following tasks are associated with this objective: 1. Select and recruit eight (8) girls deemed most appropriate for Girls Circle Programming. Each group of eight (8) girls will be provided a 10 week Girls Circle Group curriculum, facilitated by project staff, specifically the CATS social worker and the City of Buffalo Youth Director. b. Provide pre and post test surveys to measure individual program outcomes. # Performance Measure The following data elements and supplemental materials will be submitted as required by DCJS: - Case -level intake and exit data for all youth participating in Girls Circle to include demographics, participation in program components and/or compliance with requirements, successful program completion (increase accountability, improve protective factors and decrease risk factors), and juvenile justice system involvement, https: // grants. criminaljustice. ny .gov /ProjeeVReportContractAward jsp 8/16/2013 Award Contract Page 21 of 28 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/16/2013 Award Conditions Upon approval of this grant by the Office of the State Comptroller, or DCJS for "T" contract only, the Grantee is authorized to initially voucher for advance payment of those prospective expenses previously approved by DCJS not to exceed $0.00 from the total contracted amount. Consistent with paragraph 15 of Appendix A -1 of this grant contract, vouchers for advance payments for the purchase of equipment and supplies must be supported by a copy of the purchase order. APPENDIX D - Special Conditions Grantee agrees that if the project is not operational within 60 days of the original starting date of the grant period, it will report by letter to OPDF the steps taken to initiate the project, the reasons for delay, and the expected starting date. If the project is not operational within 90 days of the original starting date of the grant period, the grantee will submit a second statement to OPDF explaining the delay. The State may either cancel the project and redistribute the funds or extend the implementation date of the project beyond the 90 -day period when warranted by extenuating circumstances. All juvenile justice funds are to be used to support programs serving youth 7 - 17 years of age, the current age of Family Court jurisdiction in New York State. Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to Title. II (Formula Grants), Title V (Community Prevention) and the JABG Program under the Juvenile Justice and Delinquency Prevention Act may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out these programs. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients. For Third Year Formula Funded Projects Only: Third year projects supported by an amount that represents a reduction in formula funding must maintain a level of service delivery that is consistent with that of the fully funded year(s). Grantee agrees that these funds will be used to supplement and not supplant existing funds and services. This contract may be extended, increased, decreased, terminated, renewed, amended or renegotiated at the discretion of the Commissioner of the Division of Criminal Justice Services. Strategy Special Conditions: Grantee agrees that if funding is being provided for the implementation of any DCJS crime reduction strategies including, but not limited to Operation IMPACT; Youth Violence Reduction; DNA Evidence Collection; Road to Recovery or Re -Entry, that the implementing agency will develop a formal interactive relationship with those other strategy initiatives in the county. The following special conditions apply to contracts with county or municipal governments as appropriate: Participating law enforcement agencies that are funded by DCJS to conduct drug, firearms or vehicle theft or vehicle related insurance fraud investigations shall register with SAFETNet. Participation in SAFETNet obligates the registered agency to submit information regarding persons or addresses under active investigation in accordance with SAFETNet standard operating procedures. In addition, the agency agrees to participate in the Upstate New York Regional Intelligence Center (UNYRIC) or the New York/New Jersey High Intensity Drug Trafficking Area Regional Intelligence Center (NY /NJ HIDTA RIC) as appropriate. All criminal justice information management software which grantee may purchase or develop with funds provided under the terms of this agreement must conform to established New York State criminal justice data standards as documented in the most current version of the New York Statewide Criminal Justice Data Dictionary. In addition, all such information management software purchased or developed with funds provided under the terms of this agreement must conform to statewide standards for the collection, processing and reporting of criminal justice information as documented in the New York State Standard Practices Manual for the Processing of Fingerprintable Criminal Cases. The latest versions of both documents referenced above can be accessed at the DCJS web site or obtained by calling the DCJS Customer Contact Center at 800 - 262 =3257. Grantee shall enroll as a user of eJusticeNY and make use of the eJusticeNY suite of services as applicable. https: Hgrants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 22 of 28 Grantee shall enroll as applicable in the ePagesNY Directory established and administered by DCJS. ePagesNY is a statewide directory service provided free -of- charge by the Division of Criminal Justice Services to the criminal justice community of New York State. Information regarding enrollment in the ePagesNY Directory can be obtained by calling the DCJS Customer Contact Center at 800 -262 -3257. Law enforcement agencies must submit full UCR Part 1 crime reports, including supplemental homicide reports, to DCJS by 30 days following the end of the month. These monthly reports may be submitted either under the Uniform Crime Reporting System (UCR) or under the Incident Based Reporting Program (IBR). Quick Reports will not be accepted. Failure to submit this information may result in grant funds being withheld. UCR agencies must fill out the Domestic Violence Victim Data table found on the last page of the Return A in accordance with the new domestic violence reporting requirements. These requirements can be found on -line at http: / /www.criminaIjustice.state.ny. us /crimnet/ojsa /crimereporting/ domestic_ violence_ reporting_alert_5-08- 08.pdf. Failure to submit this information may result in grant funds being withheld. Agencies reporting through IBR do not submit a supplemental report for domestic violence. The required data is automatically collected through the monthly submission of an IBR file. Other Special Conditions The Grantee understands and agrees that the Division of Criminal Justice Services shall pay up to the first ninety percent (90 %) of the total grant award amount or $ , in accordance with the payment schedule, budgeted items and activities outlined in this agreement and as reported on the required documentation forms. The final ten percent (10 %) of the total grant award shall be held pending receipt of acceptable documentation that the outcome indicators in the project workplan have been achieved at which point the Division may release the remaining ten percent (10 %) or balance of the award as appropriate and in accordance with the payment terms of the agreement. The Division of Criminal Justice Services shall withhold said ten percent (10 %) of the total grant award amount notwithstanding that other amounts have been, or will be, withheld or disallowed by Division of Criminal Justice Services due to, among other things, the Grantee's failure to properly document expenses and services or perform in accordance with the terms of this Agreement. In his sole discretion, and upon the request of the Grantee, the Commissioner of the Division of Criminal Justice Services, may release any portion of the ten percent (10 %) of the grant award retained by Division of Criminal Justice Services as set forth in the preceding paragraph. The following condition will apply to contracts between two New York State governmental entities: This is an agreement between two New York State governmental entities, and as such the provisions contained herein with respect to grants are applicable only to the extent that the provisions would otherwise be applicable between New York State governmental entities. https : / /grants.criminaljustice.ny.gov /Project /ReportContractAward jsp 8/16/2013 Award Contract Page 23 of 28 1 Award Contract Juvenile Accountability Block Grant Project No. Grantee Name JB12- 1023 -E00 Buffalo, City of 08/16/2013 APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, 'the contract' or'this contract') agree to be bound by the following clauses which are hereby made a part of the contract (the word 'Contractor' herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON - ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University -of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6 -a). However, such pre - approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State https:H grants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 24 of 28 citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department, Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3 -a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller, 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, 'the Records'). The Records must be kept for the balance of the calendar -year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the 'Statute') provided that (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is https: Hgrants. criminaljustice. ny .gov /Project/ReportContractAward jsp 8/16/2013 Award Contract Page 25 of 28 13 any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITfES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of 'a', 'b', and 'c' above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the 'Work') except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section, 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. https : / /grants.criminaljustice.ny.gov /Project /ReportContractAward.j sp 8/I6/2013 Award Contract Page 26 of 28 13 ki 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed. by the State Civil Practice Law & Rules ('CPLR'), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. in accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. .20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518- 292 -5100 Fax: 518- 292 -5884 email: opa @esd.ny.gov A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development https: l/ grants. criminaljustice. ny. gov /Project /ReportContractAward.jsp 8/16/2013 Award Contract Page 27 of 28 633 Third Avenue vo New York, New York 10017 212- 803 -2414 email: mwbecertification @esd.ny.gov http:// esd. ny.gov.MWBE /directorySearch.htmi The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4 -g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a 'procurement contract' as defined by State Finance Law Sections 139 -j and 139 -k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139 -j and 139 -k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5 -a, if the contractor fails to make the certification required by Tax Law Section 5 -a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5 -a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. December, 2012 https :H grants. criminaljustice. ny. gov /Project/ReportContractAward.j sp 8/16/2013 Award Contract Page 28 of 28 O l Certified by - on https: l / grants. criminaljustice. ny. gov /Project/ReportContractAward.jsp 8/16/2013 STATE OF NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES 4 Tower Place Albany, New York 12203 -3784 http ANDREW M. CUIDINO MICHAEL C. GREEN GOVERNOR EXECUTIVE DEPUTY COMMISSIONER October 24, 2012 The Honorable Byron W. Brown Mayor City of Buffalo 65 Niagara Square, Room 201 Buffalo, NY 14202 Dear Mayor Brown: I am pleased to inform you that Congress has appropriated $1,024,570 for federal fiscal year 2012 Juvenile Accountability Block Grant (JABG) funding for New York State. According to the federal formula based on available local juvenile justice expenditure data and Part - I Violent Crimes arrest data, the City of Buffalo is eligible to receive the following JABG allocation: Award Amount: $10,235 This letter provides specific information concerning the funding requirements and process for awarding this allocation. As required by the JABG statute (42 U.S.C. 3796ee -2), New York State submitted an application for these funds that detailed the activities to be carried out with the 2012 JABG funding for New York State. The activities outlined in that application were based on funding priorities established by New York S_tate's Juvenile Justice Advisory Group (JJAG), a federally mandated board appointed by the Governor. The JJAG is responsible for the development and implementation of New York State's planning and implementation for federal juvenile justice funding. In order to comply with federal law and ensure that local activities funded with the 2012 JABG allocation are the activities outlined in New York State's approved application for the 2012 JABG funds, the New York State Division of Criminal Justice Services (DCJS) developed . the following list of allowable uses for your 2012 JABG award. .1. Promote the development of timely and accurate information about juvenile crime, juvenile justice system processing, and the risks and needs presented by juvenile justice system involved youth; An Equal opportuMy /Affirmative Action Employer ' NO 2. Support the use of instruments and structured processes to guide wise decision - making at key points throughout the juvenile justice system; and/or 3. Provide coordinated and comprehensive prevention and reentry strategies for high -risk juvenile justice system involved youth that emphasize competency development, school engagement, and/or specialized services to meet the needs of females. The following are your options regarding acceptance of this award as well as reminders and guidelines regarding the application process. Eligible Municipalities (Non- County Units of Local _Government) Non - county units of government eligible to receive JABG allocations may select one of the following four options regarding the use of their allocations: Establish their own Juvenile Crime Enforcement Coalition (JCEC), develop their own enforcement plans to reduce juvenile crime and use their allocations to implement their own plans. Waive their allocations to their counties, which will then use the allocations to assist in implementing county enforcement plans to reduce juvenile crime. Elect to use their county's JCEC and retain their allocations but use these funds as directed by the county's JCEC to assist with the implementation of the county's enforcement plan to reduce juvenile crime. The county JCEC must agree to assume this expanded responsibility. Opt to waive their allocation to the State. Eligible Counties Counties eligible for JABG allocations may choose from the following options: Opt to receive their allocation and comply with all the JABG program requirements regarding the use of these funds; Opt to waive their allocation to the State; or Request approval to combine their allocation with that of other counties to implement a program/project of benefit to all counties involved in this arrangement. Reminders and Guidelines for all Applicants 1. The submission deadline for your application to expend this allocation is December 1, 2012: No application will be considered after this date without prior approval from An Equal Opportun4lAtfrmative Action Employer r DCJS. DCJS estimates that your allocation will be awarded in early March 2013. All funds must be expended by June 30, 2015_ 2. All prior year JABG contracts must be currently compliant with contract progress reports, fiscal cost reports and vouchers - before the 2012 JABG application will be approved. 3.. Units of local government receiving JABG allocations must contribute a cash match of 10% of the total cost of the program to be implemented using JABG funds. 4. Units of local government receiving JABG allocations must have a viable JCEC in place with representation reflecting sectors of the entire community. The JCEC shall meet regularly to plan and coordinate juvenile justice policy and initiatives. The JCEC should play a significant role in the development of a coordinated plan to reduce juvenile crime. The required composition of the JCEC is provided in Attachment A. To maximize the potential impact of the JABG funds and ensure coordination of efforts, counties and their units of local government are encouraged to develop one planning process. 5. Per federal JABG legislation, a maximum of 5% of the JABG allocation maybe used for Administrative costs. Please note that the 5% administrative budget line is also subject to the 10% match requirement. JABG funds may not be used to supplant state or local operating funds. General questions about the JABG program should be directed to Courtney Ramirez of the Office of Juvenile Justice Policy, at (518) 485 -9166 or coutrney.ramirez@dcjs.n „ y.Qov Specific questions regarding the development of the contract subsequent to this award should be directed to Joseph Lostritto of the Office of Program Development and Funding at DCJS, at (518) 457- 3670.or joe.lostrittoAdcjs.ny.gov Thank you for your continued efforts to provide these important services and help make New York State the safest state in the nation. Very truly yours, ichael C. Green Executive Deputy Commissioner Attachment cc: Kathleen Isch An Equal Opp ortunitylAfrmative Action Employer Attachment A: JCEC Composition State and units of local government must establish coordinated prevention and enforcement plans for reducing juvenile crime, developed by a multi- disciplinmy Juvenile Crime Enforcement Coalition (JCEC). The JCEC composition must include representatives of the following: # Police (i.e., the law enforcement agency with jurisdiction over the targeted geographic area) 1 Sheriff ♦ Presentment agency Prosecutor t Public defender 1 State or local probation services Family court ! Victim services Schools ♦ Business ♦ Religious affiliated, fraternal, non -profit or social services organization involved in crime prevention in addition, representatives of the following agencies should also be included in the JCEC unless impracticable: • county mental health department • county department of social services • county or city youth bureau • county health department • alcohol and other drug services network (AOD) Acceptance of Grant and Interfund Cash Loan (Comm Services) Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreation, dated September 24, 2013, be received and filed; and That the Common. Council hereby approves an interfand cash loan in the amount of $11,372.00 for a grant from the New York State Department of Criminal Justice Services to fund the City of Buffalo Girls Circle program. The loan is payable at the date of reimbursement. PASSED CADocomeats and SeuingsMehnerlLocal SettingATemporary Internet HesIOLKIDUcceptance of Grant and interfund cash loan.docx (�3 � *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5 ] [213 - 6� [3/4 - 71 FROM THE CITY CLERK. October 15, 20I3 00029 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 1 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 OF APPLICANT 2. BUSINESS ADDRESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5. IS THIS A ONE -TIME EVENT? 6. DATE OF ONE -TIME EVENT 7. IS THIS A RECURRING EVENT 8. DATES OF RECURRING EVENT (CHECK ONE) YES �r NO (CHECK ONE) YES NO 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND �;60 r 5�� 10. START TIME AND END TIME OF EVENT START — /d,, , / w END PASS EP: Revised April 9, 2012 r l Restricted Use Permit — 75 W. Chippewa (Ell) (City Clk) Mr. SF moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo 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 November 8, 2013 is approved subject to the approval of the Department of Police. PASSED C:lUo entswd SoltingkleltnerUcM Settingsgempo=,y Intemet FiI..MKIDSAestriCled Use Permit 75 W Chippn a.d— P 1�5 4 *AYE* NO FONTANA * �` * FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [---- - - - - -- -I * * 0 [ 5) [213 - 6] [314 - 71 U00 1 � Prel 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 1063$1065 Grant St The Showplace Theater Event Ctr 1065 JB of Bf10 Inc 1456 Hertel Ave La Tavola Trattoria Barlandwood Inc. RECEIVED AND FILED W1 October 15, 2013 P oplazrevo9 /30/2013 OFFICE USE ONLY 49 Fo Original 0 Amended Date State of New York Standardized NOTICE FORM for Providing 3O -Day Advanced Notice to a Executive Department Local Municipality or Communily Board Division of Alcoholic Beverage Control S {Page 1 of 2 of Form} State Liquor Authority 1. Date Notice was Sent: (mm /dd /yyyy) 10/02/2013 2. Select the type of Application that will be filed with the Authority for an On- Premises Alcoholic Beverage License ❑X New Application ❑ Renewal ❑ Alteration [❑ Corporate Change This 30 -Day Advance Notice Is Being Provided to the Clerk of the following local Municipality or Community Board 3. Name of Municipality or Community Board CITY OF BUFFALO Applicant /Licensee Information 4. License Serial Number, if not New Application: Expiration Date, if not New Application: 5. Applicant or Licensee Name: y SHOWPLACE THEATER EVENT CENTER 6. Trade Name (i any THE S 7. Street Address of Establishment: 14631065 GRANT STREET 8. City, Town or Village: BUFFALO ,NY Zip Code :14207 9. Business Telephone Number of Applicant /Licensee: (716) 713 -5934 10. Business Fax Number of Applicant/Licensee: 11. Buisness E -mail of Applicant /Licensee: joe308 @juno.com For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and diagram of proposed alteration(s). For Current licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12. Type(s) of Alcohol sold or to be sold: ( "X" One) ❑ Beer Only ❑ Wine & Beer Only 9 Liquor, Wine & Beer 13. Extent of Food Service: ( "X" One) 14. Type of Establishment: ( "X" all the apply) 15. Licensed Outdoor Area: ( "X" all the apply) Restaurant (Sale of food primarily; Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol ❑ Full food menu; Kitchen run by chef) 0 sales primarily; Meets legal minimum food availability requirements) 0 Recorded Music 0 Live Music N Disc Jockey ❑ Juke Box ❑ Karaoke Bar ❑ Stage Shows ❑ Cabaret, Night Club (Large Scale Dance Club) ❑ Catering Facility ❑ Topless Entertainment []Restaurant ❑ Hotel ❑ Recreational Facility (Sports Facility/Vessel) ❑ Club (e.g. Golf Club /Fraternal Org.) [:]Bed & Breakfast Seasonal Establishment 0 None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure E] Sidewalk Cafe [] Other (specify): Page 1 opla- rev 09/30l7013 OFFICE USE ONLY X 49 0 original O Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Local Municipality or Community Board Division of Alcoholic Beverage Control (Page 2 of 2 of Form State Liquor Authority 16. List the floor(s) of the building that the establishment is located on: FIRST FLOOR /SECOND FLOORIBASEMENT 17. List the room number(s) the establishment is located in within the 18 building, if appropriate: 18. Is the premises located with 500 feet of three or more on- premises liquor establishments? ❑ Yes Z No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? 0 Yes [:]No 20. Does the applicant or licensee own the building in which the establishment is located? ( "X" One) ❑ Yes (If Yes SKIP 21 -24) Z No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: LESENEKA PROPERTY MANAGEMENT LLC 22, Building Owner's Street Address: 152 COLUMBUS STREET 23. City, Town orVillage: BUFFALO J State: IN EW YORK Zip Code : Attorney Representing the Applicant In Connection with the Applicant's License Application Noted as Above for the Establishment Identified in this Notice 25. Attorney's Full Name: JDAVID DIZAK 26. Attorney's Street Address: 100 HARLOW AVENUE 27. City, Town or Village: 1BUFFAL0 State: NEW YORK Zip Code :14218 28. Business Telephone Number of Attorney: (716)270 -7118 I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 29. Printed Name: IJOSEPH BREIDENSTEIN Title PRESIDENT Signature: X Page 2 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 T0; A Address and Principal Residence Address Community Board/Municipality: Barlandwood Inc. City of Buffalo La Tavola Trattoria Office of the City Clerk 1456 Hertel Ave. 1308 City Hall Buffalo, NY 14216 Buffalo, NY 142102 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: Premises Address: 1456 Hertel Ave NYS Liquor Authority Buffalo, NY 14216 1011512013 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on- premises liquor license application was filed on 9/19/2013 with the State Liquor Authority for the following premises: Applicant's Serial 3154053 Number and Name: Barlandwood Inc Premises Address: 1456 Hertel Ave Buffalo, NY 14216 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 Ul4HORITY DATE: October 2 2013 BY: ' �--- E 1 1 , 1d i I — JJO E10Z Da ' QEdmunds,gapdy Conlp4issioner FORM: L D 3 {5111 } mam (0031. M Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- X Police- Lori Willoughby. Adam Wigdorski Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection. Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. October 15, 2013 N]il SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL � TO: THE COMMON COUNCIL DATE: FROM: DEPARTMENT: POLICE DIVISION SUBJECT: : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. {Item No._xxx, C.C.P. xx/xx/xx TEXT: { TYPE SINGLE SPACE BELOW Civilian School Crossing Guard Lori Willoughby assigned to the B- District has been granted an extension to her leave of absence without pay for the period of 48 days commencing September 12, 2013 through October 29, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P 12e(10/12) Mr.:C��ihfr { u: r� s s�hs 5�;1 DATE: NAME: *SSN: *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL EMPLOYMENT FMLA (SEE BELOW) MILITARY ❑ (MUST ATTACH ORDERS) 1� RANK: �� ASSIGN: . . e6 MATERNITY ❑ PERSONAL ❑ MEDICAL WIUST ATTACH MEDICAL 7 DOCUMENTATION) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FNILA) IS A 12 WEEK LEAVE (THE INTERMITTENT FMLA IS A IS A 12 WEEK 1480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; —N M SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATIONOF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL DATES OF LEAVE BEGINNING DATE: �/� END DATE: . RETURN TO WORK DATE: LENGTH OF LEAVE: EMPLOYEE SIGNA APPROVED 1 ❑DENIED {APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT} POLICE INSPECTOR D ❑ =DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP MENT EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: POLICE SUBJECT: : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx, C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELO)& PPO Adam M. Wigdorski assigned to the E- District has been granted a military leave of absence without pay for the period of 57 days commencing September 16, 2013 through November 12, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: �-- P-12e (10/1x) DATE: NAME; � iWM�i lvt�„ rv\ . *ssN: _ xN -x � *LAST FOUR (4) DIGITS ONLY* RANK; ASSLGN• � �=' `�'� EDUCATIONAL ❑ NIATERNI'1`Y EMPLOYMENT PERSONAL. ❑ FMLA (tEB BELOW) MEDICAL ❑ (MUST ATTAcLTtomcAL. MILITARY U T ATTACH DOCUMENTATION) THE FAMILY MEDICAL LEAVB OF AB5RNCE (FMLA) IS A 12 WEEK LEAVE (THE INTBPMITTi ENT VM.LA ) A, IS A 12 WEEK / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARS OF CHILD SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDMON (ADDITIONAL FMLA REQUEST FORM REQUTR D) 6 THE TAKING OF ANY LEAVE OF ABSBNCS WILI: RESULT IN TIDE LOSS OF THE PERFECT ArMOANCF. BONSFIT • SWORN MEMBERS REQUESTING A LITAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS ,QF THIRTY (30) DAYS; = SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE. WREATH AND ID CARD PRIOR TO THS START OF THEIR LEAVE .F.r:IaTLU,RE TO,00 SO WILL RESULT IN THE ,REVOCATZONOF MELBA KR OFABSE,NCE AND THE CARRYING OF TH),7 ML',al AERASBELVGAWOL EXPL ON OF LE VEI i krt-. N e,(%v -C. DATES OV LEA BEGINNING DATE: END DATE: RETURN To WORK DATE: LENGTH OF LEAVE: EMPLOYEE SIGNATURE ROVED / Q DENIED APP VAI. CONDITIONED UPON SURRENDER OF DEPART NJTMN T,AL EQVI;PME" OLICE PECTOR DATA ❑ APPROVED / ❑ DENEET] (APPROVAL CONDTCIONED UPON SURRENDER O7Z777 EQ UTRNTI;IvT) COMMISSIONER OF POL[C t l DATE cc: ORJOlNAL— ADMINISTRATION AND FINANCE (PERSONNEL, FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMWISTRATION COMMANDING OFFICER ®003 1 Im Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. October 15, 2013 9 #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: in the Department of Division of to the Position of October 8, 2013 Common Council Fillmore Council District Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.001Hr LAST JOB TITLE NAME Tivona Renoni LAST DEPARTMENT DATE ADDRESS 312 Normal Avenue LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 D I G ITS OF SSN. XX -XX -8 440 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAS 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5405 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: October 8, 20„13 ORIGINAL + 2 GUPIES I U: U I Y L'LtKK (UN /btt AHF'U1N I MEN I UA I t) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- -EMPLOYEE(S) s 00033 No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. October 15, 2013 5k 94 (Rev 7 -07) Certificate of Appointment hi compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointmcnt(s) or promotion(s). 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 OctoberI5, 2013 Common Council South Council District Intern VIII Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSIFISID Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 15.00 /Hr LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Matthew Comerford DATE ADDRESS 435 Eden Street CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -2289 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10102001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 5397 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING Gerald A. Chwalinski City Clerk OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 3�� 000341 120 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. October 15, 2013 �v #4 (kev 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: in the Department of Division of to the Position of 9/ 3 0111.3 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME Teela Gajewski LAST DEPARTMENT DATE ADDRESS 223 Ashley St. LAST SALARY CITY & ZIP Buffalo 14212 LAST 4 DIGITS OF SS XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2013 -44 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner _ � e DATE 9123113 SIGNATURE OF APPOINTING AUTHORITY: A ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0003."N No. Appointments - Temporary, Provisional or Permanent T 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. October 15, 2013 3 �\ 1 r #3 (Rev 102" Geirtifi sate of Appolntlm+lint . an odmpliance vdeh prov slums of SeWIoD?h•2 aftha Cbuiar end Chepfet35 7 of theOXdi,,,nWW of the Oty mrSU Uv 3 nnWit " ce:Eiim6QD of appai#mant (s) ar pmmofioo(e).Sr lherosA*hadQtopgtan (s)namedingAedote "A" have beencwtrjedorapprovedby the HnmoRMUN05 ,0vilServlsforthe Appointmml Effective: October 21, 201 in the Depart mt of • Police Division of Admltilstratlon and Communicatlon . totheYvsitiunaf Coll B loc k Attenda (Insert Ono) : PERMANENT (tnsat one) : .APPOINTMENT (insert Ono) : at the: MINIMUM (Enter Starring Salary): Starting Salary of. $23,130 Schedule "A" LAST JOB TITLE NAME Shana D. Carrington LAST DEPARTMENT DATE ADDRESS 72E Jasper Parrish Dr. LAST SALARY CITY & ZIP Buffalo, NY 14207 LAST 4131GITS OF SSN. )O(X XX - 86$$ LAST JOB TITLE NAME Cadlela R. WIlliems LAST DEPARTMENT DATE: ADDRESS • 62 Harriet Avenue LAST SALARY CITY &ZIP Efto, NY 14215 LAST 4 DIGITS Or- BON. XXX-XX -9899 LAST JOB TITLE NAME Steven A. M both LAST DEPARTMENT DATE ADDRESS 435 Gvethe 8treel LAST SALARY CITY & ZIP Sttttela, NY 14212 LAST 4 DIGITS OF SON, XXX XX -0999 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZP LAST4 D I G IT S OF SSN. X XX X X- LAST JOE TITLE • NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LA 4 DtOrrs OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORO. CODE 12024001411001 TITLE CODE No •20000 BUDGE'TACGT. CBJ. 12024001- 411001 PROD. ID PERSONNEL REQ.NO 2013 -M SALARY RANGE OF POSITIO14 $Z3-130-$36-119 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: ommissioner of Police DATE: 10!04 3 _ SIGNATURE OF APPOINTING AUTHORITY: n R trta A nth p_r,� °tx�s rc1, GITY CLE14K fQNMEFQR9 jPPrnNTA kT m= Mg'r2 C pIF8 To; p., gpMejag ER #8- Hl1ee6#i SIFMffQr Tram! SEMaE #?- yg= ' �& DEPAR'I�dELlL �9- DIVESION #7U �MPL01'6E19! #3 (Rev I -02) CelrtMeate of Appointment . In wmpliame with provisions dSeotlon U-3 of & Cherte+r and Chapter3S -1 of the Osdsnanua efthe aiy oteu 1Q, ] Vmsm t INs or promation(a),Ifaalharoatify Oaths penes) namedin UhWule "A' have base owt ddd or eifyroved by she H,,,,m gmvite faros AppointmentEffeativa: Octoh9r21, 2013 in the Oeyattmen! of _ Pollee' Division of Adminietra#ion and Communicallon to the Position of Call Block Attendant (fused ono) : PERMANENT (Insert One), APPOINTMENT (fasert One) : at the: MINIMUM NAME Ma(Ihew J. Jashula jour Starting Balmy). Starting Salary oP $23,130 DATE: ADDRESS 53 Susan Lana LAST SALARY LAST JOB TITLE Buffalo, NY 14220 NAME Angel L. Feliciano LAST DEPARTMENT DATE ADDRESS 26 Shoshone Street LAST SALARY LAST DEPARTMENT CITY& ZIP Oa11910, NY 14214 LAST 4 =rrs OF asm XX?i XX.0703 CITY & ZIP LAST JOB TITLE NAME Oarol mn Paradlan LAST DEPARTMENT DATE ADDRESS 294 Bedford Avenue LAST SALARY LAST DEPARTMENT CITY &ZP Buffalo, NY 14218 LAST4 DIGIT$ OF 58N. XXX -XX -32 CITY & ZIP LAST JOB TITLE NAME Ma(Ihew J. Jashula LAST DEPARTMENT DATE: ADDRESS 53 Susan Lana LAST SALARY CITY, &ZIP Buffalo, NY 14220 LAST401GITSOF SSN. )O(XXX -$342 LAST JOB TITLE NAME LAST DEPARTMENT DATE: ADDRESS LAST SALARY CITY & ZIP LAST4 DIGITS OF SSN, • XXX XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST4 DIGITS OF SSR XXX -XX- INFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12024001411001 TITLE CODE NO 2000 BUDGET ACCT, OBJ. 12024001 - 411001 PROD. ID PERSONNEL REQ. NO 2013-021 SALARY RANGE OF POSITION $23,130 - $36,119 PER YEAR REASON FORAPPT. ABOVE THE MINIMUM: . NAME OF APPOINTING AUTHORITY: Daniel Derends TITLE OFAPPOINTING. AUTHORITY: Commissioner of Pollee DATE; _0-9111113. SIGNATURE OF APPOINTI NO AUTHORITY .5—? " "" nlxrsluA] +3 .QE1EST0• CITYCLERK MIREFOREAPE01 OTHERwPIE8TOrp.G0PTR0LLER *0 - HUMAN 8EfW tE=jWj RWIri= #7- PII0 & #O. pp-PAFlT pm- #10- E mimmm NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS October 15, 2013 0000 ENDERSON 570 DELAWARE AVENUE BUFFALO, NEW YORK 14202 D E V E L O P M E N T 716.886.021 1.P :: 716,886.1026.F October 10, 2013 . VIA HAND DELIVERY Honorable David A. Franczyk 1316A City Hall Buffalo, New York 14202 RE: Request to rename the former Donavan Office Building to "One Canalside" Address: 125 Main Street, Buffalo, New York Dear Councilman Franczyk: l Please accept this letter as. our request to .rename the former New York State Donovan Office building "One Canalside." The official address for this building is 125 Main Street, Buffalo, New York. As you are aware, the redevelopment of this building represents the first private investment in the redevelopment and transformation of Canalside. In 2005, the building was vacated and remained vacant and not utilized until the start of this project - a vacancy that lasted more than six years. The building is presently undergoing a renovation which will transform it into a modern day, LEED certified, first class mixed use building. Under the plan, one of the area's most prestigious law firms, Phillips Lytle, will occupy approximately 85,000 s.f. of the building (floors five through eight). In addition, a Courtyard by Marriot will occupy portions of the first floor along with all of floors two through four. Active uses that engage pedestrians are proposed for the remainder of the first floor, such uses may include retail stores, retail service establishments, food and beverage establishments and/or other hospitality uses. We respectfully request that the City Council grant approval to rename the building to "One. Canalside." We believe the name is appropriate based on the fact that this project represents the first private investment in the Canalside project. The building has undergone a stunning transformation and represents the future of Canalside and the City. Should you require any additional information or wish to discuss this matter, please do not hesitate to contact me either at (716)878 -9626 or by e -mail at JamesBo lg ioliABenderson.com Thank you, 7 es ERSON DEV ELOPMENT COMPANY, LLC A. Boglioli, or, Right to Build - Northeast US REFERRED TO THE COMMITTEE AN LEGISLATION. 3� RETAIL:: OFFICE:: INDUSTRIAL:: HOTEL:: RESIDENTIAL I www.benderson.com Time Warner Cable September 24, 2013 Councilman Darius G. Pridgen Ellicott District 1.408 City Hall Buffalo, NY 14202 Council President Richard A. Fontana Lovejoy District 1414 City Hall Buffalo, NY 14202 Re: Time Warner Cable 000 ,1'" Dear Councilman Pridgen and Council President Fontana: Thank you for the opportunity to explain to the Legislation Committee and members of the public who attended its meeting on September 10, 2013 the recent move of the PEG access channels from digital to analog format on our cable system in the City of Buffalo. While the change does require some customers to obtain additional equipment in order to view these channels, the vast majority of our customers continue to receive these channels with their existing equipment as they did before the transition or! July. 23, 2013. The direct result of this change is better signal quality on the PEG channels since digital channels provide superior video and sound to analog channels. This change also allows us to more efficiently use our bandwidth in order to offer more channels, interactive applications and faster Internet speeds in the future — improvements our customers demand. As we mentioned at the meeting, the satellite TV companies' service is 100% digital and equipment is needed to view all of their channels. Verizon FIOS, which is offered in parts of New York, including some Buffalo suburbs, also offers their channels in an all- digital format. Time Warner Cable must move in this direction to stay competitive. Time Warner Cable's management has carefully considered your request that we make available the adapters at no cost permanently and not just until January 2, 2015 but will not agree to do so for the reasons explained below. The transition from analog to digital format is taking place in our systems across the country and we cannot reasonably make this equipment available without charge only in 7the,City of Buffalo. Any.agreement to do this in the City of Buffalo is effectively an agreement to do so everywhere. ,f 71 Mt. Hope Avenue Tel (585) 756 -1000 1 ` Rochester„ NY 14620 Fax (585) 756 -1672 J �C Like any business, we must recoup our costs in order to survive. Under Federal rate regulation, as established by the 1992 Cable Act, equipment costs - such as the cost of the adapters — are to be recouped in a separate charge distinct from the charge for service. Charging for the adapters is consistent with long- established practice. The cable industry has always used converters to allow customers with older television sets to receive signals delivered via newer technology. When many TVs were limited to the VHF channels (2 -13), for example, converters allowed those TVs to receive UHF channels, including those carrying PEG channels. That is the same situation as today when some customers with older TVs require the adapter to view channels delivered in digital format. Under Federal rate regulation, Time Warner Cable could have charged customers for the adapters as soon as they were provided. But in order to ease the transition and allow customers to plan for the charge or obtain a digital television set, we offered the opportunity to use the adapter without charge until January 1, 2015. In order to make sure that customers have the opportunity to take advantage of this offer, we are extending from September 23 to December 18, 2013 the date by which they must request the adapter in order to receive it for free for the limited period. We understand that change is never easy, but we believe that the digital transition is necessary to provide the best possible service to all our customers. Sincerely, r Chris Mueller Director, Local Franchising — Northeast Time Warner Cable N LLGi'f 60N. K Q031 Is 95 Perry Street, 5` Floor Buffalo, NY 14203 Erie Canal Harbor D e v e l o p m e n t Corp P: (716) 846 -8200 F: (716 ) 846 -8262 www.eriecanalharbor.com 5 JfV( 9 - I October 11, 2013 P-6 "PAM 0 rV 14 K i AJ'5 Councilman David A. Franczyk TO rr qA/q 2 — y � Fillmore District Common Council Member 1316A City Hall, Buffalo NY 14202 Dear Councilman David A. Franczyk, The Erie Canal Harbor Development Corporation (ECHDC) is dedicated to the revitalization of Buffalo's waterfront with focused efforts to spur local economic development. As a way to carry out its vision, ECHDC adopted a Modified General Project Plan for the comprehensive redevelopment of the City of Buffalo's downtown district commonly Known as "Canalside" in December of 2010. ECHDC's encompassing goal for Canalside is to enhance the area "in a visually appealing fashion that activates the space and creates an opportunity for mixed -use development." In July of 2011, ECHDC selected the proposal submitted by Benderson Development Company, in part, due to its congruency with the project plan. The Donovan Office Building renovation has become an integral part of that project through its planned creation of mixed -use development which opens up numerous future opportunities. Once completed, Benderson will have made a significant contribution to the Canalside Project with an additional 160,000 square feet of office, hotel and retail space along Buffalo's waterfront. With this new development, these operations will play a crucial role in bolstering Canalside's status as a major tourist attraction. The Donovan project will serve as a catalyst for additional investment, not only for the Canalside district by generating, fueling, and revitalizing additional economic growth in the fabric of downtown Buffalo. In respect to Benderson Development Company's substantial transformation of the Donovan Office Building, as well as their dedication to helping redevelop Canalside, ECHDC strongly supports renaming the building from the "Donovan Office Building" to "One Canalside ". REFERRED TO THE COMMITTEE Sincerely, ON LEGISLATION. Thomas P. Dee Erie Canal Harbor Development Corporation Am c� 0;039 (Common Council ` City of Buffalo LE GISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 CITY HALL BUFFALO, NY 14202.3318 PHONE: (716) 851 -5116 October 9, 2013 Gerald Chwalinski City Clerk Rm. 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, SANDRA BATTEL C OMMITTEES I/ T ®} COMMUNITY DEVELOPMENT r � 5� �+� , _ LEGISLATION ��/{ C� �/� b1a �� // MBEC WATERFRONT I ask that you file the attached email for discussion at the October 15, 2013 Common Council meeting. I thank you for your time and consideration on this matter. If you have any hither questions, please feel free to contact me at 851 -5116. Sincerely, 1 Joseph Golombek Jr. North District Council Member JG /tjv Von Derempten,Timothy From: timothy von der Empten <buffbills14207 @hotmail.com> Sent: Monday, October 07, 2013 1:11 PM To: VonDerempten,Timothy Subject: FW: 5cajaquada > From: ncneuman @icloud.com > Subject: 5cajaquada > Date: Tue, 10ct 2013 17:54:17 -0400 > To: buffbills14207 @hotmall.com > Tim- > Below is the narrative setting out the intentions of the group that would like to present to the Community Development Committee. I assume the next opportunity to present would be at the Oct. 23rd meeting? > Local community leaders would like to present on the future of the 5cajaquada Expressway. Building momentum for over a decade, there is nearly universal consensus that the 5cajaquada Expressway should be removed and replaced by slower -speed parkway -style thoroughfare with restored street connections to restore the parks, parkways, streets, and neighborhoods that made Buffalo great. This group understands that limited access highways create a number of harmful impacts on the urban transportation system and surrounding land uses and the location of this expressway is particularly dangerous, as it is incompatible with the Olmsted Park, Parkway, and surrounding neighborhoods, as well as the cultural and educational institutions along the corridor. All of these factors result in decreased quality of life and are reflected in decreased property values and underdeveloped nearby properties. NYSDOT is currently studying options for the future of the Expressway and, although they appear to embrace certain calming measures, what they are currently proposing would fall far short of the community's desires. > Nate Neuman > Urban Planner > 716.400.2343 > ncneumanCa)icloud.com > "God, Country & Buffalo!" > REFERRED T T E COMMITTEE ON CORAMU ITT DEVELOPMENT. 000 ro 525 Belmont Avenue • Buffalo, New York 14223 • (716) 877 -8801 oinal of wanda BUILDING DEPARTMENT MICHAEL P. HAZEN Supervising Building Inspector October 3, 2013 City of Buffalo City Clerk 1308 City Hall, Buffalo, NY 14202 e: Site an Application No. SU- 10012013 Proposed Bottle Redemption Center (P -S Performance Standards or G -I General Industrial Use) in a C- General Business Zone 447. Kenmore Avenue (SBL #79.29 -6- 23.10) Attached is a Special Use Permit and Site Plan Application Package for a proposed bottle redemption center and associated site improvements, at 447 Kenmore Avenue, Town of Tonawanda. Please send any questions or comments regarding this matter to the attention of Larry Hoffman at 525 Belmont Avenue, Buffalo, NY 14223. Yours Truly, Carl R. Heimiller. . Supervising Code Enforcement Officer Town of Tonawanda Building Department REFERRED TO THE CITY PLANNING BOARD 51 I y Farce End a16S.d1 F_ Fanae End dis M an E 80 . 0 0 ' .. Force End 0.47 M & 0.77 f f! A�dp. 0.60 E vi'lly Pole mw PNa J 4 Fanta 1.58 E. 2. 49 w 9.s9' 4,102" 7 ETectr7c sler� , y uBLOT 26- -- BLOr 25 -- --- o 73IG5 ° D pv Mater CONC BLOCK c¢ ` CLWC BRICK & BLOCK 8r BRICK BUILDING BUILDING COWCRETE �. BLOCK & BRICK /^ BUILDING NO. 447 r' Skvty 1 G L21 etar` al +a +•r, 188 t" cans tk+e &=kt p d + 61acJrtgo 40. 00' e . 40.00' -- 400.0' TO THE' EAST LINE 80, ©O' OF FAtRf7£LD (50) AVENUE come 0.04 w Odd a83 w• KENMORE (66' ME) A VENUE WSIRUAfEN7(SJ UTIlJ,ZfD !N DE7ER1IM4NG LOCI TIDY � 8O!lNRiRY LhYEfk JIM C04ER lOS2 THIS SURWY WAS PNEPARM WHOUr ME &NMr OF A CVNRENr A8S7RACr OF 777LE ANO !S SL krr M ANY STAW Cr FA075 wNArWAY BE REwALE0 4w SAID AaswAGr N07E MWaTTY GVRAE7t ,VQM VEN7S HERE Nor PLACM AS PART a' 7!!JS & Rtfld RRS SL64IEYJlAP WAS PfPAliW AV AOCOWVICE MY ?W 0 00PYRIGHT 20D7 BY: Q,, AMEND: &WASM AM7AlL�JS VWC WFYAT )WREMSTO NF � � ��Ka i]L ��� �$ SURVEY DATE: 6 -19 -07 64R ASSl A S AR L1 W 4 Ar 3 . E 7 REWIESr OF Jlellsw racho raq. �� ' ll QQ,//� LAND SURVEY RS. LLP ° DRAWING DATE: 6 � C JJ "_- 150 AERO DRIVE SCALE: 1" = 20' G sh, UgWr BUFFALO, NEW YORK 14225 PHONE (715) 831 -5144 - FAX 831 -3811 " ALL RIGHTS RESERVED" ! THIS MM VON) UNLESS SUBW TS 25 & 26 MAP COVER 1092 „� N� ,� B ENSEO LMr4 , SUR4E:M S SEAL ALTEPoNO MY 11EAi ON THIS MAP IS A VIOLATION OF THE PART OF LOT 22 SECTION TOWNSHIP 12 RANGE THE: Lew EXCEPT AS PROVOM IN SECnoN I _ Holland Land Company's SURVEY Erie COUNTY, N,Y, 7209,5TAART 2. Of W LA YM SURVEY OF: 447 Kenmore Avenue, Town of Tanowondo SBL No. 79,29 --6 -23.1 r. T1 z D Q 4 I A N V Jaskuta,Mark 00041 . RLQ 6C-C, C- I` I/ Coq h1 0_S From: Sent: Quinn, Jack <jquinn @ecc.edu> Thursday, October 10, 2013 10 :46 AM To: Councilmember Golombek - North Cc: Jaskula,Mark; 'sbattle @city- buffalo.com'; 'Steve Boyd'; Frazer, Gale Subject: Council resolution - ECC. Good morning Councilmember Golombek, ECC Trustee Steve Boyd was recently elected Chairman of our Board of Trustees. He received your letter and resolution yesterday. We are prepared to discuss any /all options regarding improvements at our City Campus. I will organize such a meeting with you, at your convenience. Please have your staff contact me directly at 851 -1200, to make arrangements. Thank you very much for your interest in ECC. We look forward to our future discussions. Respectfully, Jack f ",6 2wr m President Erie Community College City Campus Room 172 121 Ellicott Street Buffalo, New York 14203 Office: (716) 851 -1200 Fax: (716) 851 -1029 REFERRED To TIDE' CPIEE N COMMUNITY DEVELOPMENT. CONFIDENTIALITY NOTICE: This e -mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity they are addressed to. This email and its contents may be subject to the Family Educational Rights and Privacy Act ( "FERPA "). It is intended only for the use of the individual(s) named above and privileges attached to the email, if any, are not waived by virtue of this having been sent by electronic transmission. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, forwarding or copying of any part of the message pr its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and delete it from your system. Unauthorized use of this material is strictly prohibited and may be unlawful. e, MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen DATE: October 8, 2013 RE: 9( Bottom's Up Comingling Evaluation I would like to file the attached information for the next Common Council meeting to be held on October 15, 2013. Th You, i C , C Darius G. Pridgen Ellicott District Council Member 25 iectives ➢ ADDRESS EVENT ➢ PROS ➢ CONS(IF ANY) — QUESTIONS FOR RESIDENTS ➢ CHANGES TO BE MADE EVENT Bottoms Up Thursday September ag th , 2013 Comingling College Night • Received no calls • Had good police relationship and involvement • Had no problems outside the club Positives • Safe Environment • Club had good follow through on requirements • No Loitering or Parking Lot Problems (we had over 8o percent of our patrons take our transportation.) • Good Maintenance and "Checking" of the Carey St. Area • No issues with surrounding bars, we were 53 percent overage. Negatives • We had none at the club and all small problems were handled by our staff and hired B.E.D. off duty cops • How did the neighborhood feel about THURSDAY? • Were there any problems? • Was the communication available and accessible? Changes • What can we do to keep this relationship going? • How can we help the city in maintaining safety for its residents and its college students which make this home? • In the eyes of the resident did we follow thru on what we said we were going to do on THURSDAY? • Next Event is 10/10/2013 — can we meet Monday 10/14/13 0004 October 9, 2013 Vernee Shaw 77 Urban Street Buffalo, New York 14211 Common Council City of Buffalo 65 Niagara Square Buffalo, New York 14202 Dear Honorable Body, I would like to purchase a refurbished computer from the City of Buffalo. With this in mind, I am requesting the following system at the price of $30.00. MID ID #5185 City Audit Tag #055600 SN# BFX- 8CE121 Thank you for your consideration on this matter. Sincere) yours, '�f /,. J Vernee Shaw 716 - 851 -9668 t� U� gdlp Request to Purchase Refurbished Computer 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 approves the request from Vernee Shaw to purchase a refurbished computer from the Division of Management Information Systems, serial number BFX- 8CE121, for $30.00. PASSED C ;5Dx enls and SeRuips clehnerTocal Seltingffempolary Intemet Files10LK1DhRequest to Purchase Refurbished Cumpulecdu- �3 1 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] * * V [ MA7 - 5 ] [213 - 6] [3/4 - 71 PETITIONS October 15, 2013 00 �q \�' R B. Burri Agent, Rezone 422, 424 and 426 Dingens Street From a R -2 Residential Dwelling District to a C -2 Community Business District (Hrg 10/29/2013)(Lov) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS kA\ GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics OFFICE OF THE CITY CLERK MARY H. BALDWIN Deputy City Clerk 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS 15 TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 Floor, City Hall On: At 2_00 pm I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed (Agent,Owner) Print Name C + ah h�fi ^ Phone # Date 16� � � I .' 'T ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD DATE & TIME CONTACT THE ZONING BOARD, 851 -5082 FOR ZONING BOARD DATE & TIME CONTACT THE COUNCILMEMBER IN YOUR DISTRICT 0- � I I r PXr1'YIOH 1 IIHOM ZONING MAl' (MUNr R¢ FILZn Itl 4UmiunlcfilLr) (Ai:VISRD JANUARY 199P Aril'114VCD AS TQ •POttM oN14Yr� DATC: DY• w ' • Dlvigia of F'laenn! g Room CAL• Hal TO: TIIL COMMON COUNCIL OF THE CITY OF BUrTALO: Puraugrt6 iro Ar ttnie RxV SedttCp 511 -126 of�Clrepter 511 of the Code of the City of ourralo, Ehe unders=igned pabitioner heraby, makes application Car an amendement or'changs In tree flurfalo Zoning Map conaerning eert;afn premises•in the pity as rollows: i . Nor e• and Alddr ss of set bi Bergmann Assoctates onffigfl if of Sunoco, Inc. ( R &M) i Federal Plaza Rochester NY 14614 2. Desorlp•tion of property sought to be rezoned by'street and iddress: (this must be verified• by the Survey Offlea- Division of Hoope 605 City ]tall.) 422, 424, and 428 Dingens.St., Buffalo, NY 3. Total are a o!' property to ba rezoned In sgUare. feet: 1 3,866 +/ il. lr the petitioner Is not the owner of the premis" glue A. Name of o�npr(s) Sunoco, Inc. (R &M) Address(es) 1818 Marl et St., Pittsburgh, PA 19103 fl, What is Intarent of petitioner in thfs proposed Zoning Amendment ? Engineering Firm- forGunoco, Inc. (R &M) 5. An saauraL•e survey, by a li.oeneed'surveyor, of the property, showing dimensions and all boundary ilnes, gnd the•locatlorl oif ill structures on the premises. 'ra be aLtached both arlsfnel and copies of petitign. 6s- L al desarlption, b mates and bounds or the property sought to be rezoned: R see attached survey. ., Y. Pragent Zoning classification -of premises R - Residerltial District 0•. Pr•otinaed zoning olasslfitnatlon or preiais ®g: C -2 ConjniunU Business District . 9. Present .use of preietise4i: 422 and 424'Dingens St.,arevacant residential homes. 428 Djn,gena St. is utilized as Dar King for the exls iris u oco e §t atI6 -- n­ ­ a - n U7.MUs onvenience s t Qre to te+9 at qq32 Din en gt. 10. Proposad u4e o? prem ises: Ex anslo the existin Sunoco fuel station and APlus'con�eniginbe .sto sTi e 1'1. Denim- IpLloel or uses op premises ed,(eoegt to the prot)oeed •rasoning reglast and thei general, desortptiort of the of neighborhood this area Is aitualed: Nortit Residential homes. east unoco tuel st an us conve ie Rouuttt- • ritrance and'exit s ram g to interstate Wes Q rjut -shop Neighborhood ileserlptlon- The •surr6ij n ing.area'contaerts resi dential _ acces to the -state 12. 1)asoription or L•he a North -• R - East- C F ]test -. Cf� to .69 rezoned: PACE l 2 (Revised 1193) 13. Map 3110 ALL properUes, and owners or such propst-tiea, included in Cha proposed change,. and all properties ]laving a frontage on both sitlae of the public Highway or highways upon whlob any'premisea included in the propohod ahange have .a frontage, wlt'hlrt teat in bout directions along such highway or highways from. Ole neared L• hive liq ©, or nearest side line extended, of the premlaes -Included in the proposed ohangs; and also, the names of•the owners or all properties lceated within 54 yeah of the ream or side line or any premlaes tnoluded In the proposed ahange must he attached on the original and all oopias of the petWor+. 1 List of all. owuere and current mailing addresses as shown ".on the above asap, required in aeoordanae mith Section x11 -1a6 4 - (x) of Ch ant er 511 or the Curie or the -CIL•y of ii'uffaio: Hame OPleaae- Pi{tWTj�' _ lkddress (Phase 191191IN6 1 Please see attached list. 2. 9, 12. 13. -- 15. 1 ' 17. . 2U. — ' rte . - • . - • 21. 2'2. 23. 26, 27 .2Q. -- 30. 31. 33. 34. 35. 36. 37.E fill. 1 13. ' .- 117. fig. fig. 4, PARE 1 3 (liev iasarl 1 /93) 15. lint petitlar►er states the use under the proposer) act A0ont to the vroning rrrtlla is -not, contrary, to or In violation of ally private egreeraedt, trulldlsrg reatrlatlone or othttr legal reotrlations or record. The petioner holds that the proposed rrrZonitrg 1s: not Ir}aonal.stegl; with a Well oonaldaoed plan Par the development or the City as dusarlbeit• In Seatlon 511-- 2, or Chapter 511 of the Code of the City al' flurralo, and thak the proposed ; oning in not in tonrllot wLLh local ob,)oot,ivos , In the development Ar the C,Ity.as a whole. 16. '1 rol.l.owing addttlonai lnfnrmation is, rtirntshed by the petitioner to asaaluL• the c larmon no noL[ Iq It 'oan$ideratlan or .Me matter. $ak l'arth; 3n us petition: o provt tz a d dl . 1 1 contex regarding ic propose rezoning, e to eXpntj ' , q the site with a new convenience stare building and site related improvements. 17. 2vary nppi.lC141;Lou, pe.titton or reques tar a change or,so,ing. or ror. , a variance or amendi"ggt of the zoning or planning regulations, and every apAtcation, petition or rbqucat for the approval or a plat or for the exemption'rrom a plat, offlolal map, Iloonav or permit, phail contain the rcllatitlng: '(A) state, to the'extgnt k no wn by tYhe'applicent, whether any State officer or any officer eV the'County of Brier or the City or Buffalo or any employee of ea IA County or t.ity iias any •1ntereet in th a1'oregaid app11oablans (YES) (190) fN (s) Stat:e the name and address or the aferesaid person or pera NIA (C) 9��p9 the nature and extent of the Ig eresstt NOTLCL. Tfl PET11 AN oRlricsit Olt EMP1.6YER Sl1ALL OB AEEHEO 1'O HAVE AN 1H'i'Llius'r JN THL•• APP1..ICANT WHEN 11L VE, 1119 /11911 SPOUSE, OR TLIEL11 011U'rilE49,"9IS'rms, PAIIENTS, CIIILUREN, (Al1ANI)C11IL IIIHN, OR 1119 SPOUSS OF ANY OF T11EM , (a ) 18 THE RI',l'1.'1CANT, 011 (b} is no OIfplgfl I)IfiWyOlt, PARTNER OR EMPLOYEE OF THE APPLICANT, On (c) LEGALLY On OENEPICIAL.L.Y OWNS ON C014THOLS STOCt(- OF A COIiP01187'8 APPLICAH'r Oil IS (k MEM13811 OF A: PARTNERSHIP % ASSOCIXHO14 WITH THE AL'PUCAN'r, Olt (d} AS A PAPTV TO AN' AGHBEHROT 91711 SUCIF AN APPLICANT, nA1'I1988 OA IMPLIED, kilctil:ilY IlEi /SIZE MAY 111MRIVR ANY PAYHEFlr Olt O'r111 ll DBUIT, WHO 1811 Oil NOT FOR SERVICES ItENDElilgi, I18f'EHUEN9' Olt CoNY1HI)ENT UPON T11i4'FAVOIIA'bl.H A1 of SUCH APPLICNY)ON; PETITION Q11 IIEQUEVr. OWNC1ialtiN ()F Less 'rllA FIVE (5) IIERC09T OF THE STOCK CF ,A coltl� #wrica wNOse STOCK Is L1 STCO. ON 'PILE , NrW Y091C Ott A14E 11CAN STUCK' EXCHANGE S11ALL a, cons!rl'llii'E AN llrfEllow Volt TLIL PURPOSIts OF THIS APPLICA116H. DA'Z'E: a l �}9-� , 11LILIFALO, NRW'YOHK. •ure of Pat L•l oner) STErE 01? NEW YORK ' - • 4k- � d� ate/ �ih.G' . ��Q�- ck..Q.aL COUNTY OV I tin tIr t.o drry oi' , 4 Personally appeared galore :ars _jAddreaul 7&;�Lk, kwx / /41"a Lire pal.iliollar, to we known to he the same person daaer.ibed In arul who slaned and exeeutud the foregolniy peL•Ltlon and who duly aaitnowledged to ure the exeeutlon oi' Me Haute Var t1d put'irutre therein,nieritioned'. TAMARA BU IM 1fa# $�OR1# y f4l W $ttm d 85;99 1quar, ar 1leeds, 0106 011UH120 Notary Public, uu Commi�ldon xpk+ My catrm►s��la,t. , = r�l peers petition regwlre action in aodordenoe Nith thq Gengval Hurldoipel .l.tna, Section 2394, and 239 - ?, (To be •answered.lky .Illvielon or i'larnning). 09- 24- 13;12;37PM; ;11 # 1/ 2 su aca AUTHORIZATION On behalf of Sunoco, ,Inc. (R&M), record owner of property located at 422, 424, 42S Dingens Street, Buffalo, NY, I hereby authorize Bergmann Associates, PC to subirut a rezoning application along with supporting documentattion and applications for any other required discretionary approvals and/or permi #s required with the development of the subject parcels, SUNOCO, INC. By; Jeff Bauer Oahe; September 24, 2013 697.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION To be completed b A Ilcant or Project Sponsor 1. APPLICANT /SPONSOR 2. PROJECT NAME Bergmann Associates on behalf of Sunoco, Inc. (R &M) Sunoco Fuel Station: Dingens Street 3. PROJECT LOCATION: Municipality City of Buffalo County Erie 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 422, 424, 428 Dingens Street Buffalo, NY 14206 5. PROPOSED ACTION IS: New Q Expansion Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: The proposed project is to expand the existing Sunoco fuel station and APlus convenience store location at 432 Dingens St. The expansion of the site would include 422, 424 and 428 Dingens St. which are currently zoned R -2 Residential Dwelling District, therefore the Applicant is seeking rezone those parcels to C -2 Community Business District to accommodate those uses. 7. AMOUNT OF LAND AFFECTED: Initially .65 +/- acres Ultimately .65 +/- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? F1 Yes 21 No If No, descrlbe briefly The properties are proposed to be rezoned to C -2 Community District. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential ❑ Industrial Commercial Agriculture ❑ Park /Forest/Open Space [—] Other Describe: The present land uses in the surrounding area include commercial /retail uses as well as residential, The project site is also across the street from the entrance and exit ramps to Interstate 190. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No If Yes, list agency(s) name and permittapprovals: Building and signage permits from the City of Buffalo. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? R Yes F71 No If Yes, list agency(s) name and permitlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantfsponsor name: Brian Burri, P.E. of Bergmann Associates on behalf of Sunoco, Inc. Date; 9/30/ 2013 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset PART II - IMPACT ASSESSMENT (To be completed by Lead Aaencvl A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. ❑ Yes 1:1 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN B NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1 -057 Explain briefly: C7. Other Impacts (including changes In use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? E] Yea No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. if question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of ea Agency Date Print or Type Name of Responsible Officer in Leag Agency itle o Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) RLSBt 1�� OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 12 CAMBRIA 15 CAMBRIA 16 CAMBRIA BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206 - OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 20 CAMBRIA 21 CAMBRIA 25 CAMBRIA BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14208- BUFFALO, NEW YORK 14206 - OWNER OR RESIDENT • OWNER OR RESIDENT OWNER OR RESIDENT 26 CAMBRIA 29 CAMBRIA 30 CAMBRIA BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206 - OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 33 CAMBRIA 34 CAMBRIA 37 CAMBRIA BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- ' OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 38 CAMBRIA 41 CAMBRIA 44 CAMBRIA I I BUFFALO, NEW YORK 14208- 1 BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 45 CAMBRIA 48 CAMBRIA 51 CAMBRIA BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- . OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 361 DINGENS 363 DINGENS 370 DINGENS BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206 - OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 398 DINGENS 406 DINGENS 422 DINGENS BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206 - OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 424 DINGENS 570 OGDEN SOUTH 576 OGDEN SOUTH BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206 - OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 580 OGDEN SOUTH 582 OGDEN SOUTH 586 OGDEN SOUTH BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- 1�� OWNER OR RESIDENT OWNER OR RESIDENT OWNER OR RESIDENT 613 OGDEN SOUTH 623 OGDEN SOUTH 627 OGDEN SOUTH BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- OWNER OR RESIDENT OWNER OR RESIDENT 637 0GDEN SOUTH 646 OGDEN SOUTH BUFFALO, NEW YORK 14206- BUFFALO, NEW YORK 14206- 363 DINGENS INC ATLANTIC REFINING & MARKETING CCRP 230 NORTH ST 1801 MARKET ST BUFFALO, NY 14201 PHILADELPHIA, PA 191(33"-1699 ATTN: PROPERTY TAX BONAVITO CHRISTINE BUDNIEWSKI JOHN F & W 25 CAMBRIA 576 SOUTH OGDEN ST BUFFALO, NY 14206 -2301 BUFFALO, NY 14206 -2349 FERRARACCIO STEFANIE HARUSH ILAN 16 CAMBRIA ST 12165 HAY TAYEB ST BUFFALO, NY 14206 -2302 HADERA 38343 HORN MARIE L JANUCHOWSKI IRMA 15 CAMBRIA 38 CAMBRIA BUFFALO, NY 14206 -2301 BUFFALO, NY 14206 -2302 MELSON RALPH C MILLER KENNETH & W 92 COMSTOCK 29 CAMBRIA BUFFALO, NY 14215 BUFFALO, NY 14206 -2301 OLEJNIK GERTRUDE M RYAN JOHN V 48 CAMBRIA PO BOX 1411 BUFFALO, NY 14206 -2302 BUFFALO, NY 14240 SLOBODA JAN SMITH GORDON & ONE 44 CAMBRIA 3305 HASELY DR BUFFALO, NY 14206 -2302 NIAGARA FALLS, NY 14304 ATTN: DONALD H SMITH SUNOCO INC (R &M) SZAFRANSKI BETTY A 10 INDUSTRIAL HWY 582 SOUTH OGDEN LESTER, PA 19029 BUFFALO, NY 14206.2349 YUNG MARILYN G ZIELINSKI RITA L ZIELINSKI ROBERT W 34 CAMBRIA ST 41 CAMBRIA BUFFALO, NY 14206 -2302 BUFFALO, NY 14206 -2301 Town of Cheektowaga Building Department Attn: Mr. Dan Ulatowski 3301 Broadway Cheektowaga, NY 14227 BERNYS RONALD D BERNYS SUSAN 115 CROYDON DR DEPEW, NY 14043 CURRY -BROWN - KAREN 4804 SKYVIEW DR COOKEVILLE. TN 38501 REVOCABLE LIVING TRUST HOLLEY JOHN G; PIERSON DONNA 30- CAMBRIA BUFFALO, NY 14208 -2302 KUC COLETTE KUC JOSEPH 116 WINTER CLUB CT PALM BEACH GARDENS, FL 33410 MONDRALA DOROTHY 623 SO OGDEN ST BUFFALO, NY 14206.2316 SCHUBERT ANTHONY R & W 88 PARWOOD DR CHEEKTOWAGA, NY 14227 SORRELLS JERRY HALBERT 11 13351 3RD. ST SPLENDORA, TX 77372 WILDINGENS LLC PO BOX 711 DALLAS, TX 75221.0711 7- ELEVEN,INC. AV TAX 35127 `0 \� b Atlantic Richfield Company & Sunoco Inc. (R &M) Tax Map No's. 112.83 -4 -31, 112.83 -4 -32 &'1'12.83 -4-33 City of Buffalo, New York All that tract or parcel of land situate in City of Buffalo, County of Erie, and State of New York, being part of Farm Lot 148 112, Township 10 and Range 7 of the Buffalo Creek Reservation, and being more particularly bounded and described as follows: Beginning at the southeast corner of the property described in Book 9519 of Deeds, Page 551 (Parcel B), said point being on the northerly line of Dingens Street (66 feet wide) and on the division line between the City of Buffalo on the west and the Town of Cheektowaga on the east; thence, North 81 °30'00" West, on the northerly line of said Dingens Street, a distance of 117.09 feet to the point of intersection of said northerly line of Dingens with the easterly line of Cambria Street (60 feet wide), said point also being the southwest corner of lands now or formerly of Sunoco, Inc. (R &M) recorded in Book 11247 of Deeds, Page 3949; thence, North 08 °37'00" East, on the easterly line of said Cambria Street, a distance of 125.00 feet to a point on the division line between said lands of Sunoco on the south and lands now or formerly of Marie L. Horn (Book 5149 of Deeds, Page 174) on the north; thence, South 81'30'00" East, on said division line and parallel with the northerly line of said Dingens Street, a distance of 116.68 feet to a point on said division line between the City of Buffalo on the west and the Town of Cheektowaga on the east; thence, South 08 °25'50" West, on said division line, a distance of 125.00 feet to the Point of Beginning. Said parcel containing 0.336 acres, more or less, and also includes the lands now or formerly of Sunoco lnc. (R &M) described in Book 11232 of Deeds, Page 9051 filed in the Erie County Clerk's Office, and as shown on a map prepared by Bergmann Associates entitled "Property Map Sunoco, Inc., 422, 424, 428 & 432 Dingens Street ", drawing number CM -1, dated August 26, 2013, last revised on September 30, 2013, said map to be filed in the Erie County Clerk's Office. 0004115 Y. Gebre, Owner, Use 3355 Bailey Ave for a Restaurant in the Kensington Special Zoning District(hrg, 10 /22)(Univ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD q)., �Cily Buffal o USE Building Application gara Square Nuffalo, NY -14202 (716)851 -4949 Fax(716)851 -5472 Report Date 10/02/2013 12:08 PM Submitted By DAVID GRUNDY Page 1 A1P # 201201 Stages Date I Time By Date 1 Time By Processed 1 01011201 3 15:18 DIGEF Temp COO Issued COO Final Expires Aaiocnated information Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority ® Auto Reviews Bill Group FLAT Square Footage 0.00 Name - Q iription of Work RESTRICTED USE PERMIT;. COMMON 'COUNCIL APPRnVAL REQUIRED : :PUBLIC; HEARINGIFRI OUT RESTAURANT UNDER NEW MANAGEMENT IN THE KENSINGTON/BAILEY SPECIAL ZONING Parent A1P # Project # Project(Phase Name Size /Area Size Description Valuation Declared Valuation 0.00 Calculated Valuation 0.00 Actual Valuation 0.00 JIRE[7;51 65p`_ * *' TO OPEN AN EXISTING TAKE- Phase # Address 3355 BAILEY BUFFALO NY 14215 - Location Organization State /Province NY Country USA Contact ID AC24157 Name ABERTE REALTY INC Evening Phone Mailing Address 3355 BAILEY AVE Mobile # City BUFFALO Owner Y From 05/28/2000 ZIPIPC 14215 -1101 Organization Day Phone State /Province NY Fax Country USA Occupant N From To Evening Phone Contact ID AC1221620 Name ETIEMAR G NEGUSSE Mobile # Mailing Address 206 ORA WRIGHTER DR City BUFFALO To ZIPIPC 14204 Day Phone Fax ❑ Foreign Occupant N From To Contact ID AC792591 Name ETIEMAR G NEGUSSE, Mailing Address 206 ORA WRIGHTER DR To 05/06/2007 City BUFFALO ZIPIPC 14204 Day Phone Fax Occupant N From To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/0612007 Organization State /Province NY Country USA Q Foreign Evening Phone Mobile # Owner Y From 09/29/2013 To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 03/06/2001 To 05/06/2007 No Addresses are linked to this Application City of Buffalo USE Building Application 65 Niagara Square 1 Buffalo, NY 14202 " j (716)851 -4949 Fax (716)851 -5472 i Rep ort Date 10/02/2013 12M PM1 Submitted B DAVID GRUNDY Page 2 No Addresses are linked to this Application No Other Addresses are associated to this Application 0797300001042000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERITENANT Phone Fax Address (SEE UNDER APPLICANT) Comments OWNERIAPPLICAN YOSEF A. GEBRE 812 -3631 t � �., � � � �E +3 1 �' - 1 1 r' � � � � f � vt �y � �� t � Q� �r• � � t .k � �� J` - r. �. � ,'?F'.�, _�,�_ .,, �:. ° � . �, � I ?���.�?a _ x , , ., a .i.•_ .�$�c: , � t, = 1r ; 1 t :;.r, .. t - ..:�„„,r:� , -: a ;� 4��+`" � ��� � ,���1 � 000000 SBU AC12792 OWNER OF PROPERTY Check Fees Check Inspections Check Reviews 635305 CC APP #1 COMMON COUNCIL APPROVAL REQ'D Check Conditions MD MULTI- DWELLING PROPERTY Check Alert Conditions Check Licenses HIM Check Children Status Check Open Cases Fees Successful Inspections Successful Reviews Failed Incomplete Conditions Successful Approved, OK Alert Conditions Successful Invalid License(s) License Not Found Children Successful 0 Total Unpaid 0.00 Total Paid 0.00 There are no Inspections for this Report city of Btl�falo USE Building Application 65'Niagara Square Bluffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 1 Report Date 10/02/2013 12:08 PM Submitted By DAVID GRUNDY Page 3 u «{r . .x 635305 CC APP 1 Incomplete ❑ 1010112013 1 5:19 Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events MD OK DIGEF N !1�. rrk4'".W L; N;:v No Records for This Search Criteria Modified Date/Time 10/0112013 1 5:18 Permit Office Common Council City Engineering ❑ Admin Office /Apts R4 ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Encroachment ❑ Canopy /Marquee ROW ❑ Oversize Trucking ❑ Freestanding Sign ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Demolition ® Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held MD OK DIGEF N !1�. rrk4'".W L; N;:v No Records for This Search Criteria Modified Date/Time 10/0112013 1 5:18 Permit Office ❑ Asbestos Abatement ❑ Asbestos Survey ❑ Bond /Certifed check ❑ Assessment Combination ❑ First Insurances Check ❑ Public Works approval ❑ Notarized Permissiont for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Sewer/Water Cut El Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention 10/01/2013 15:18 DIGEF 10/01/2013 15:18 ❑ Work done by owner ❑ Zoning Board ❑ Residential ❑ Work with out Permit (FINE) ❑ Commercial ❑ Multiple Dwelling FLAT FEES Existing Use New Use Dwelling Units Lost 0 ❑ Electrical Dwelling Units Added 0 ❑ Plumbing ❑ Heating Debris -ILY v1 ruu+uxiu 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 USE Building ApplIcation Report Date 1 0102/201 3 12:08 PM Submitted By DAVID GRUNDY Pane 4 No Employee Entries No Log Entries i 0004 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen DATE: October 8, 2013 R�o Closing of Citizen's Bank in Tops on Jefferson in Buffalo I would like to file the attached information for the next Common Council meeting to be held on October 15, 2013. T You Darius G. Pridg n Ellicott District Council Member 09/04/13 02:15AN HP LASERJET FAX 7168852318 p.01 FAX COVER Date: -3 -1 To, Regional Director Citizen's Bank, Mayor Byron Brown, Darius Pridgen Council Member From. Vicki Baxter Re: Closing of Citizen's Bank in Tops on Jefferson in Buffalo Number: 716 - 851 -4860; 716-851-6576, Wages: (incl. cover) Messages: I am sending these petitions to you regarding the closing of the Citizen's bank in Buffalo. I am very disappointed in the lack of response and concern by our politicians regarding the citizens in the area that do not have the ability to utilize Citizen's banking. This is not good citizenship at all, The comments that I have heard personally from Ilan I ideholm and the rumors in the community that allegedly have been stated by bath Mayor Brown and Counciimember Pridgen regarding the closing is disheartening. I do realize that there are greater issues in the city of Buffalo, but to came in to the inner city and establish barks to then walk away without explanation conveys this population isn't important or worth receiving communication. After building a new home in the community and being made promises to revitalize the area. This is just another example of the needs of my community not being put first. Urgent ,, — For Your Review If you have trouble receiving this fax or need any additional information please contact us at 716- 885 -2318. Thank you very much. 09/04/13 02:15AM HP L,ASERJET FAX 7168852318 p.02 SA'F'E CITIZENS RAMC IN "I'I P ON lErFERSO k i 's bad is a ncoossary ontity in OUR comm.unsty_ tt's lor'ation in the Top's sty erxn it* oti S } r' -'• ,�• !:�c�t�n, t�.p�rfec.t tcxr �errricin� the sen elderly, disabled, teens, 5it1�,1 pats and �`fX#rtilzes;` .` ': "" " " depW can this location for their bmikiag. It provide � a x�ec essary sery Y tc� tti�t F we 6M bank difficult at the a ternative sites in South Buffalo or on % iri Street- Xt'g riot_ �f a sduti £ yc�u bark them:: it's ahnut s r�dit ; u and heist a voice for those who can't or �it�i'�; 7ri7ai�r'I , to stand Lit). /•yell..) SAVE CITIZEN'S BANK ON JEFFERSON- Tbank'.y U.tbi.�'ol�Y..: W bit a dvance. Name Address �... _ -._.W. m -- Number or email 1 . 22 ..., _ _ � _ -� .........w .u......... w _ w.....,�,....__......�_� Nm ,. RECEI AND FILED 09/04/13 02:i5AM HP LASERJET FAX 7168852318 p.03 s CI TIZEN' S VAS in (�i,Jit corn mil City. W- 5 10catis n is the T O P'S arents and aM �!� i� .jxen's bax�kr is a nec<hssxry c,zatzty servicet :;.. teens, single J exsc�rt is perfect for servic:ing the s'zaic rs, elderly, disable t rcrvides a jj. 'ate individuals depend on this l()cat►ur► for tkzc;xr h t t rsc wh <� can`t or :on't rooel.zalce banic�rzi, dz{ iicult at the altezz�utive sites in South 3 d f 1 7r oix Main .` or Xt`�'not tsEt.ifv�ubua lt�crc. it's ahntyt.,Yz�d� tK7 0N�aZiSUNrii '�harzk yo £C�r Y up and f\ 9 c 00� 09/04/13 02:15AH HP LASERJET FAX 7168852318 p.04 S"E CITIZEN'S BANK IN TOWS ON YEITERSON ('�W='s bank.is..a necemry entity its OUR community, it's location in the 'l'op's supernn,�rke OW: : 'arson is 5e*rl` t 1'oK S rvicin the s ��iors, elderly, disabled, teens, sir f ilx �: ' W$' o indMdui s.depeftd bn this tocat:ion f'()r their batikittg. It prr�vide5' s cess iy s i+iirr .. t`.`. t 6uld snake bhnkin,, difficult at flu,- altemati've sites in South Buffalb ar con �6iuifyou bank. there It's about standing up and being a voice for thoso who o w how t0 'sti7iiicl ap.: Help SAVE„ C'TTIaxs BANK. ON ,lE �PERS(JN M' ".b atik 09/04/13 02:15AM HP LASERJET FAX 7168852318 p.05 . aP SAVE CITIZEN'S BANK IN TOWS ON JETT RSON �. Citizen's bank- is a neoessary entity in OUR community, It's location in the .T'o s sup em4rk-qt o 6 ri „ : ffergon is perfect fbr servicing the senior, elderly, disabled, teens, singlu y location for their bar.nkln � p nary aerv�c� tl���' l se hidividuals depend on this n t,. It prov � ntccs� Would`make } a lternati c s th Buffalo or on M ai n Street. } banl,,ii ;�, d ifficult at the � v si tes in Sou 6 t if you bank there. it's about standing up wid being ai void for those who can' or 6 .knovv:l'iovv to stand lip, Help SAV ( ",l "f`I7EN'S BANK ON J�;FFERSONH Thank yc�u :,�i����3 St2 6r nn' a dvanc e s - ---- .... - - --- N - - - - -_ A ._... - _.�.� Numk er te em s „�:, ;.' y am ”` �� .` "= .�L . rf 15 lu L _! 22 J Al r .. �, �fJf 6t.,1 � �G•f,f�C Z J._.— .._,�� 6 �..1' j,� fir'. �E ;,•�wr. �lr� �` I�l'�. ... t. ! -� r 1/ '� LT /' S7 ` �.w.�..., , qqf, 902�O 09/04113 02: 15AH HP LASERJET FAX 7168852318 p.06 SAVE CITIZEN'S BANK IN' 01O."S OU jErrERSON : It's locadoll in the'rop supemarkete'n h, -n's bank j$ a neCeSsary et in C)UR community le pamftts and faffiflits".' J.4 - %rson is perfect f � the selliors, elderly, disabled, - teens, S ng T-Iftse individuals depend on this location for their banking. It provides a necessary service bit:.. .:,W, d make banking difficWt at the i South J3uffalo or on Main Street. TVs n. at �'i . h6W. if you bank there, It's about Standing kip Lind being a voice for those who oan't or doiff I, ' .., , o vv b . ow to stand up. Help SAVE CAT MEN'S BANK ON JEFFERSONP 1 Thank you for Y6to Ott. in advanoo. ......... Name Address Number or email .. ..... ........ ...... ... -------------- -- 3 10) "17 5 rt 76 — ....... .......... .... .. ............ �'��, 1 15-x. �� '-- ., (A D 11.1'.- "LiM ------- ------ 7 A cr, r � I I A lit 12 18 21 22 .23 . 25 26 27 28 29 30 " \1 , -, 4- J ik ---- . . . . . . . . . . . . . . . . . . . . . Vee� P41 ............. ULk 09/04/13 02:15AM HP LASERJET FAX 7168852318 p.07 SAVE CITIZE>t1 sS BA IN' OPPS O N fErrERS N bank is a neceS.;aR•y entity in OUR con unity, I.t's locm'.ion in thE.'I`up's su�etm 'erson is perfect Iar servicing the seniors, elderly, disabled,` teens, single parents and'.f6ttxt"1 -166 ' , se dopend on this location for their banking, It provides a, necessary service thit, ' r l : n€lce banking difficult at the alts ative sites in South Buffalo car on Main Streit. It's- "Ob 0.' t:WYou bank there, ]t' � about sianding up and being a voice for those who can't or dad "t ' .:: �avir: liow to stand up. Help SAV E C.`ITIZEN'S BANK ON .JEFFERSON f f � `hank you lot adv ance. � �. .�..,. m. _r.. —._. ...... me Address Number or ail __.... - 2 ... _�,'"'�: ,,�. ��.�...,M �.,� �.... .... `��? f .. .u.,.�,., ...- . r_ v _... . 3 e rC .�LL..�.. 5A � Ch-910A 8 _ .__.. �r . _._......_..___...._........... _. _�__ .rya. .u,w l & 09104/13 02r15AM HP LASERJET FAX 7168852318 P.08 SAVE CITIZENVS BANK IN TOPPS ON jErFERSON x►?s b ]i8:� nec s en ty tXt f] iit tY• T4 .: ' ,' csr►tatni it's ko '' t r n i�. ffi,& for'suxt ici g the seniors., elderly, dii.•sa3�led to oft ' 3 'indl rlduds':dep d on this location for their banking. k providig"9"00. 'S A.Ad take banking difficult at the alternative sites in SwAb Buffifflo on'M�aj'jh riq 'yc�u,bank. there, U's about standing Up and being a voice for:tllose who c ' 1 r' 1t]w i ,4f #]'Cl u13..:l Telp SA VE CITIZEN'S BANK, CAN JEM�' .:� ON. ".t Name - _.....m,..,....,_, Addr��� _..w.,..,.. � Number or email . , 16 l Cwt_ :`'" ._l .� aG ► 4 �` f l L. am t '. tltz -1 : - L, }'.:.�....�1+^',•I.'�:i.' 1 �l k . ��. '.,l�.w,,....,�.,.....,.....,y: I 1 ; F ''I.. •why�f7�ni;�b..�,�. yjV..��i]if�':wll m�ir�. �' J.,. 7r_ �.. Cu��i +f.Mp�;:•.LL..y.�,..�..�.....�. s r / _ f ': •� !��'� .I� i' f'+�' ,e. S \1N' I• yA'f�/. d'I S� ��' V ,11 �,�i {t ' ..J�n]'wr�M wT' ...F:R •�j'� / r � ' Aii«Yf!Jr� �. 1 1.14. ::..,. ',w�..,.. „h,l•M f- '�.,ixwi;� V� • ` + [ �,. �� ' ..x -- .• ' • :t.� k.' . wn'r .�.•. �.r - '".•- Y- ._�'___.��.r!. c;p��.i.....;,- .Y._'J / .....,.. ..,W.. g ... A ..�,.;...,L�'....T . ---.— .... ...: ° .i»;;,w.n.r•',- 16 18 20 AIL, �.._ .� I �� ,.; 09/04/13 02: 15AN HP LASERJET FAX 7168852318 P.09 SAVE CITIZ ENS DA N TO K IN TrON PIS ONV ERS E J itiz b hk. - iQbRcommuni�y. It's topati J y entity it h icing the t pro�ld Th66'ldd ividual on this' ll III lu . ou til quid i*� III diffi&lt at the altd4'i'at''i'v6`4"ife: Bi i Ord , f d, A f bank there. It's about sta'ndi up and being a voioe NK ON JE., ;kh o w— I TZEN'S BA 'kS( tb Name 4 to-Mnd up. Help SAVE Cl * 444 no, Mp, Address Number or email 7 ......... ............. - ------- . . . .......... .. 4 CC U Ix 4A� Eli� t�,S n- 9 ..................... 7 r 114 10 . ................. 13 14 . .. ... . . ....... ..... xv . N-6 2.2 ! zz .......... .. .� 46d 20 .... 2 ... ..... 1 22, i za x- --z Vla "41VI "C.iL Y- - T m „r n. � _ . ill.•.., fi "ti ! lr:f� ... ... ....... AR ltzti e I ju t q� 4j. 09/04/13 02:15AM HP LAZERJET FAX 7168852318 P.10 SAVE CITIZEWS BANK IN TOWS ON JEFFERSON ..CMz60W:'bmk is a necessary entity in OUR Com miunity. It's location".n., the Top's s is perfect for servicing the seniors, eldarly, disabled, teems Single T parents `06�lndividuals depend on this. - location for their banking. It provldes nec . mary. - -h banking difficult at the alternative sites in South BuW or ori Main §66 0 Wt. . 40 f'Y..ou bank there, It's about standim) m) and being a voice for those who can't or d mii.:: t"v. 09104113 02:15AN HP LASERJET FAX 7168852318 P•11 r SAVE CITIZENIIS BANK IN TOWS oN IE3rrERSON u nity. Iv l in the Top's suporiftitket bank is a necessary antity in OUR romm WPM S is perfect forservicing the seniors, elderly, disabled, teens, single parents , .Thkk depend ou this location for their banking. it provides a necessary :�&", banking difficult at the alternative sites in South Buff-ale or on Main ftoet'. -16.1i6t -46641f You bank there. It's about st being a uiding up beinvoice for those who can't ord6A,',f..- ' . � - :&w::ho up. Help SAVE C'ITIZEN'S BANK ON JE-FriERSONM Thank you: 6t. Y ±sicsri in d me A - --------- .. . . ......... Address -- - Number or email _i4 3 4 0i nLS�- a Y X/ Z 12 ............ ..... ..... 14: 16:i 1- .:_­..... — - --------- 17 . ......... . ............ 21 . ........ 22 . ... ...... 23 _ .. . .......... . . . :;F5 ......... . .. ....... 26 27 28 29 . ................. Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) Appoint Supervisor of Street Sanitation I(Prov)(Scott)(PW) ccp# 24, 10101 Mrs. Russell moved That Communication 24 of October 1, 20I3, be received and Filed and that the Provisional appointment of Thomas Scott, 475 Vorhees, Buffalo, NY 14216 at the Intermediate Salary of $37,826.00 is hereby approved PASSED AYES - 9 NOES - 0 ��4t ff Recommended by the Committee on Civil Service ( � U Y l 3 *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN R VERA RUSSELL SCANLON SMITH [________ ___ _ _] [MAJ- s] [213 - 6] [314 - 71 00048 Appoint Battalion Chief(Perm)(Angrisano(Fire) ccp4 27, 10101 Mrs. Russell moved That Communication 27 of October 1, 2013, he received and Filed and that the Permanent appointment of Louis Angrisano, 25 Pfohl Terrace, Williamsville, NY 14221 at the minimum Salary of $83,913.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service 0 *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL * SCANLON SMITH [MAJ- s] [213 - 6] [314 - 71 00049 Appoint Assistant Corporation Counsel/Municipal Attorney(Perm)(Duncan)(CC) ccp# 28, 10101 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service �F� ®0010 Appoint Senior Typist(Perm)(3 Step)(Draffin)(EDPI) (ccp# 33, 10/0 1) Mrs. Russell moved That Communication 31 of October 1, 2013, be received and Filed and that the Permanent appointment of Ronald Draffm, 46 Durham Ave, Buffalo, NY 14215 at the Third Step of $33,844.00 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 ] [2/3 - G] [3/4 - 71 0005i Appoint Senior Special Assistant(Exempt)(Deeb)(A &F) cep# 34, 10101 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 5 ®005? Appoint Special Assistant to the Comm(Exempt)(Jones)(Pkg) ccp# 35, 10101 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/ y �� 00053 Notices of Appointments - Temp /Prov/Perm ccp# 44, 10/01 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED AL Recommended by the Committee on Civil Service FINANCE (Christopher R Scanlon, Chairman) 00054 Bond Resolution. — Buffalo and Erie County Historical Society Electrical Upgrade (Item No. 8, C.C.P., Oct. 1, 2013) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of electrical system improvements at the Buffalo and Erie County Historic Society, at the estimated maximum cost of $530,000.00. Recommended by the Committee on Finance Ch ' an M6 CADocannents and SettingslclehnerEocal SettingslTemporary Intemet FileslOLKIDlhond- resolution - Historical Society,doc d *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - 6] [314 -7] cp COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) 6 -50, Report of Sale — 518 Northampton (Ell)(Strat Plan) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mrs. Mignonette Walters and Mr. Kadeem Walters of 328 Lisbon Avenue, Buffalo, New York 14215, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 518 Northampton Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED Recommended by the Committee on Community Development Chairman Ciao eats and Settingsiolehurll.ocal SettittgsWempomry Intemet FiWGr KIMRepast arSale -518 Nonhampmadoc *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] * *� [213 - b] [314 - 7] 0005r Response to Sale of Vacant Lot — 184 Brinkman (Lov)(Strat Plan) (Item No. 8, C.C.P., Oct. 1, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the offer from Mrs. Rose Ann Woodson of 180 Brinkman Street, Buffalo, New York 14211, in the amount of Two Hundred Fifty Dollars ($250.00) for the purchase of 184 Brinkman, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED J / Recommended by the Committee on Community F Development', Chairman /0 C:SI]ocwnenta and Setiiops dehneOLO l SettingslTetnporatylntemet Pile %CLKM&le of Vacant Lot -184 Htininnnn.docx *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIYER-A RUSSELL SCANLON SMITH [MAJ- 5] [213 - 6] [3/4 - 7 ] M r 0005 D. Smith -B. Lanks- Article The Incredible Shrinking City (C.C.P #46, Jan 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development CT LEGISLATION (Darius G. Pridgen, Chairman) 00058 L. Struski, Owner, to Use 2115 South Park to Reopen an Existing Tavern in the South Park Special Zoning District (South)(DPIS) (Item No. 57, C.C.P., Oct. 1, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511- 68.2F(1), the Common Council hereby approves the application of L. Struski, Owner of 2115 South Park to reopen an existing tavern under new ownership in the South Park Special Zoning District. - PAS SED Recommended by the Committee on Legislation M umeus and Se Settings\Tesaporary lnlemet Fi1&DLK1DWmpen existing Mem 2115 Soulh Parkdoc.< I �fy *AYE* NO FONTANA FRANCZYK * '� GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SNIITlq I ------------- 1 *0* '[MA.3- 5] [213 - 6] [314 -7] G. Ingrano, Owner, to Use 1669 Hertel for a Take -Out Restaurant in the Hertel Avenue Special Zoning District (Del)(DPIS) (Item No. 58, CC.P., Oct. 1, 2013) Mr. Pridgen moved: That the above item be, the same hereby is, returned to the Common Council with a recommendation for approval; and That the Common Council hereby approves the application of G. Ingrano, Owner, to change the use of a portion of a one story masonry mixed -use building from a bar and outdoor cafe to a take -out restaurant at 1669 Hertel Avenue in the Hertel Avenur..Business District. Recommended by the Committee on Legislation Chairman C'li?acuments and ScltivtgslcleMex7lacal SettingslTempomry-Inteme[ FileslOLKIDte2tenge in use I669 Henel.daux �3 *AYE* NO FONTANA FR ANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH * [-------- - - - - - * [MAJ- 5] [213 - b] [3/4 - 71 000f "() S. Ahmeti, Owner, to Use 1009 Elmwood to Operate an Existing Restaurant Under New Ownership in the Elmwood Avenue Special Zoning District (Del)(DPIS) (Item No. 59, C.C.P., Oct. 1, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of S. Amheti, Owner of 1009 Elmwood to operate an existing restaurant under new ownership in the Elmwood Avenue Special Zoning District. Recommended by the Committee on Legislation C:S m— ms and Scbgsldehm:\U sl SemgsM.poraiylntemet FileeDLKIMReestablish mlaw lI009M— ood.dmc / L/ a�� *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MA.I- 5] D- [2/3 - 61 * ' [314 - 71 N0.�V1 Food Store License (New) -1373 Main a/k/a 1381 Main (Ell)(DPIS) (Item No. 29, C.C.P., Oct. 1, 2013) Mr. Pridgen moved; That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval, That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Sameer Al- Faqih d/b /a Sammy's Metro Deli & Grocery located at 1373 Main a/k/a 1381 Main upon the following conditions: • Cannot sell "loonies" i.e., single cigarettes, single diapers, or items packaged, etc. • Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. • Must have a minimum of two (2) working surveillance cameras. One camera should be located about the entrance facing inwards and the other should be on the outside of the entrance door outwards towards the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. • Store interior and exterior should be kept clean at all times. Store fagade and landscape must be well maintained. • Must remove hand painted signage from front of store within thirty (30) days of license issuance /reissuance. • Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow. • No amateur hand painted advertising on or around the building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. • No excessive empty boxes, packaging refuse and the like outside of the store in public view, except the time period allowed by City ordinance. Recommended by the Committee on Legislation Chairman � I C:Macurnent3 and SettingslcichnerUcal SettingslTemporary Internet Files10LK1Dlfood store license- new -1373 Main, docx *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [--------- - ---] [MAJ- 5] [213 - 6] [314 - 7] 0®069, K. Nightingale - Bottom's Up Comingling (C.C.P #50, Oct 1)' Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation �Vp Ib /Vo 63 S. Fitzmaurice- Address Change for One HSBC Center (C.C.P 442, Sept 17) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 00064 Notice of Intention — Request Change of Mailing Address of One HSBC Center to One Seneca Tower (Cty Clerk) (Item No. 70, C.C.P. Sept. 17, 2013) Mr. pridgen moved: That the above item be, and the same hereby is returned to the Common Council with 0 t' recommendation fQfuVpx6tm4-r- That the Common Council hereby approves changing the mailing address of One HSBC Center to One Seneca Tower. 1•T ii,f 1 � '� Recommended by the Committee on Legislation C Tocurnents and Settingslclehner'Local SettingslTemporary Internet FileslOLKID7 Request to Change Mailing Address HSBC Towecdacx *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH * [-------- - - - - -] [NAJ- 5] [213 - b] [314 - 71 1 4 3 RESOLUTIONS October 15, 2013 000Vi e RESOLUTION 10/10/13 By: Council President Fontana Re: Penalty for Slum Landlord at 1258 E. Lovejoy St Whereas: Slum and blight caused by the negligence of absentee landlords has become one of the most urgent problems facing the City of Buffalo; and Whereas: Predatory property owners aiming to minimize cost and maximize profits often do so by neglecting to adequately maintain properties per acceptable community standards set forth in the City of Buffalo Charter and Code; and Whereas: Some of most common results of property negligence include overgrown grass and weeds, accumulation of trash, junk, and rubbish, pest and rodent infestation, and structural deterioration of houses, which threatens to decrease the quality of life in many of Buffalo's neighborhoods; and Whereas: The property at 1258 E. Lovejoy St owned by AJ Medda Holding Company, LLC of Richmond Hill, NY is a prime example of one such neglected renial property; and Whereas: On no less than three occasions in 2013 the Lovejoy Councilmember has had to dispatch workers to blitz the property at 1258 E. Lovejoy St to cut waist -high grass and weeds, remove furniture and junk left behind by former tenants, and clean trash and debris; and Whereas: Despite written warnings from the office of the Lovejoy Councilmember, the owner of this property has continued his neglect and allowed the property to continuously degrade into derelict condition, necessitating repeated clean-up efforts from the City of Buffalo. Now, Therefore, Be It Resolved: That the Common Council hereby requests that the owner of the property of 1258 E. Lovejoy St be levied the maximum fees or penalties allowable for cutting and removal of high grass and weeds, cutting and removal of overgrown bushes and brush, and removal of heavy trash, litter, and debris. Richard A. Fontana Council President REFERRED TO THE COMMISSIONER OF ADMINISTRATION1 'INANC& POLICY AND URBAN AFFAIRS. ECONOMIC DEVELOPMENT,. PERMITS AN INSPECTIONS AND THE CORPOaATION COUNSEL 000Gel I:T 0WI 1[ M130 10/10/13 By: Council President Fontana Re: Waive fees for Eain's Echo Whereas: The Buffalo community was stricken with a great tragedy on Tuesday, September 17 when five-year-old Eain Clayton Brooks died as a result of severe child abuse; and Whereas: Young children such as Eain who rely upon their caregivers to protect them from harm cannot themselves reach out for help when these caregivers become abusers; and Whereas: It is important that members of the community be made aware of the warning signs of child abuse and the ways in which to report it, in the effort that this type of tragedy might be prevented from happening in the future; and Whereas: The family and friends of Eain Clayton Brooks will be organizing Eain's Echo, a walk to raise awareness of child abuse and to assist in the establishment of the Eain's Echo Foundation; and Whereas: The Eain's Echo walk will take place on Sunday, October 20 in Delaware Park from 12:00 to 3:00 pm; and Whereas: The Eain's Echo Foundation will have three main goals; to educate parents, children, and families about child abuse, to reach out to legislatures to review and improve child abuse laws, and to assist non - custodial parents and family members in reporting and seeking help in suspected instances of child abuse. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all permit and registration fees associated with the Eain's Echo walk. Be It Further Resolved: A copy of this resolution be forwarded to Ms. Kimberly Trent in the Office of Special Events and Ms. Arlene Mustafa in the DPW Division of Parks. 1 9 V_�V Richard A. Fon ana Council President *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [------- - - - - -- [ MAJ - 5 ] [213 - 6] [314 - 7J 0006 RESOLUTION Sponsor: Council Member David A. Franczyk Subject: Permission to Hang Banners at Holy Trinity Church Date: October 15, 2013 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas Holy Trinity Lutheran Church located at 1080 Main Street in Buffalo, New York will be celebrating its 135 anniversary (1879 -2014) on Main Street; and Whereas: Holy Trinity Lutheran Church is requesting permission to hang banners specifically located at 1080 Main Street in Buffalo, New York. Two banners will be located on Linwood Avenue and two banners will be located on Main Street in front of the church; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. Holy Trinity Lutheran Church has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banners; and Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to Holy Trinity Lutheran Church, to hang banners located at 1080 Main Street in Buffalo, New York, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. r �JV ti avid A. Franczyk Fillmore District Council Member DAFAP a.. *AYE* NO FONTANA FRANCZYK GOLOMBEK [-------- -----� [ MAJ - 5 LOCURTO [213 - 6� PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- -----� [ MAJ - 5 [213 - 6� [314 - 7 j 00068 BY: MR. FRANCZYK CIS Go���s�, C PS �` a0Y STEM ADVANCE OF BLUE -GREEN ALGAE ON LAKE ERIE WHEREAS: Large swaths of dangerous blue -green algae have infected many portions on the Western End of Lake Erie; and, WHEREAS: The ugly mass of blue -green algae is in fact a neurotoxic form of cyanobacteria that is created largely by agricultural and lawn fertilizers that poison the lake by injecting phosphorous into the water through run -off. It is also caused by sewage overflows; and, WHEREAS: Lake Erie is Buffalo's most precious natural asset, and an invasion of blue -green algae threatens our drinking water, waterfront parks, future beach developments and tourist industry; and, WHEREAS: The blue -green algae which is prevalent in the Ohio portion of Lake Erie has now been found only 90 miles away from Buffalo at Presque Isle Park in Erie, PA. Scientists from the National Wildlife Federation's Great Lakes office warn that it is only a matter of time before this contaminant, which can cause various serious illnesses to humans and animals, reaches Buffalo. Lake Chautaqua in Chautaqua County has also been infected with blue -green algae; and, WHEREAS: The American and Canadian International Joint Commission, charged with remedying threats to Lake Erie along the two borders, warns that without major changes Buffalo and the Eastern end of Lake Erie will suffer the water woes Cleveland, Toledo, Erie and other cities are currently undergoing along their waterfonts; and, WHEREAS: The blue - green algae encroachment could be one of the greatest threats to the revitalization of Buffalo's waterfront; NOW THEREFORE BE IT RESOLVED: That the Common Council invite the Public Works Department and Veolia Water to comment on the potential blue -green algae threat to our drinking water, as well as what, if any, strategies may be employed to upgrade our aging sewer system, admittedly an extremely expensive proposition; BE IT FURTHER RESOLVED: That the Common Council endorses the recommendations of the International Joint Commission, including: Banning applications of manure or other biosolid waste on frozen or snow - covered ground; Prohibiting the use of phosphorous fertilizer for lawn care; Reducing phosophorous runoff during the wet spring season; and, the strengthening of government regulations on farmers in the U.S. and Canada; BE IT FINALLY RESOLVED: That this resolution be forwarded to our local federal and state delegation as well as Erie, Chautaqua and Niagara County County Executives and legislatures. ADOPT 1ST RESOLVE THE REMAINDER REFERRED TO MMMUNITY DEVELOPMENT. VIOLIA. AND PUBLIC WORKS DAVID A. FRANCZYK 0006 RESOLUTION By: Mr. Franczyk Date: October 15, 2413 Trailblazing Sign Request for Doris and Cyril Bouquard Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: Mary "Doris" Bouquard has been recognized for her significant contributions to the Old First Ward Community; and Whereas: Doris moved to the Old First Ward as a young bride with her husband Cyril and started a family. She still calls the first house she lived in on Vandalia Street home; and Whereas: The Bouquard's were active at Our Lady of Perpetual Help Parish and school for many years. After the school closed, Doris and her husband Cyril helped to start the Old First Ward Community Center in the old school building; and Whereas: The center offered roller - skating, ceramics, senior citizen activities, sports, transportation for the elderly and eventually a head Start Program. The Old First Ward Center served as a place to keep kids off the street and as a multi- function building; and Whereas: Doris and Cyril Bouquard both served on the board of the Old First Ward Center and often volunteered their time there wherever needed. This was not an easy task as they were raising ten children and running the family boat livery business; and Whereas: The Bouquard family home at 93 Vandalia Street was always open to all and often had many visitors. This was never more evident than during the Shamrock Run registration. Runners. could come to the Bouquard home to pick up their Shamrock run t -shirts and other registration information; and Whereas. To pay tribute to Doris and Cyril Bouquard, the family has requested that this Honorable Body place a trailblazing marker up on O'Connell Avenue and Vandalia Street dedicating the corner as "Bouquard Family Way "; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker on O'Connell Avenue and Vandalia Street in honor of the Bouquard fancily as "Bouquard Family Way "; and Be it Further Resolved: That the Department of Public Works is directed to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. PASSED David A. Franczyk *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [ 2/3 - b ] [3/4 _ 71 000" RESOLUTION a By: Mr. Franczyk Re: Request to Designate 125 Main Street as One Canalside Date: October 15, 2013 Whereas: Benderson Development has requested that the primary address of the former Donovan Office building be changed from 125 Main Street to One Canalside; and Whereas: A letter from James A. Boglioli of Benderson Development Company, LLC requesting the designation has been filed; and Whereas: The redevelopment of this building represents the first private investment in the transformation of Canalside; and Whereas: In 2005, the building was vacated and remained empty for more than six years. The building is presently undergoing a renovation that will transform it into a modern, LEED certified, first class mixed use building; and Whereas: Phillips Lytle, one of the area's largest law firms, will occupy four floors of the building and a Courtyard by Marriot hotel will occupy portions of the first floor as well as the entire second, third and fourth floor. The remainder of the first floor will consist of a mix of retail uses; Now, Therefore Be It Resolved: That the City Clerk file a notice of intent and schedule a public hearing on the request by Benderson Development to designate "One Canalside" as the primary address and "125 Main Street" as an alternate address for the former Donovan Office building; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby approves the designation of the former Donovan Office building as "One Canalside" with an alternate address of "125 Main Street "; and Be It Further Resolved: That copies of this resolution be sent to the City Clerk, the Department of Public Works, Parks and Streets, the Corporation Counsel, the Police Department, the Fire Department and the United States Postal Service. David A. Franczyk ADOPT THE RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION �� 00071 RESOLUTION By: Mr. Golombek Re: Public Financing For City Of Buffalo Elections Whereas: For Democracy to work citizens must believe that the political system is based on a fair and level playing field; and Whereas: Many citizens do not believe that their voices are being heard and that their concerns are being addressed by elected leaders; and Whereas: The declining rate of citizens voting in elections serves as proof that many people have lost faith in the democratic process and the belief that their vote matters; and Whereas: Without a doubt campaign contributions influence access to elected officials and the legislation they propose or pass; and Whereas: Elections should be about ideas for a better future and not about which candidate has the most money; and Whereas: Elections should provide citizens the opportunity to hear from a diverse range of candidates seeking their votes in competitive races; and Whereas: The biggest barrier for people interested in running for public office is money; and Whereas: Educating citizens about a candidate requires money for signs, mailings, radio and television; and Whereas: Incumbent elected officials have significant advantages in an election due to their name recognition, access to political parties, media, money and volunteers who are often in patronage positions; and Whereas: When incumbents don't have realistic competition, citizens lose the opportunity to have choices for their votes and the opportunity to hear new ideas; and Whereas: In 1988, New York City amended their City Charter and implemented public financing for all city elected offices: and Whereas: New York's public financing program is voluntary but 90 percent of city candidates typically agree to participate. In an effort to encourage smaller donations, New York City matches each dollar a resident gives, up to $175 per contributor, with $6 in public funds, for a maximum of $1,050 in public funds per contributor. Under New York's system a $20 contribution to a participating candidate is worth $14Q the initial contribution plus $120 in matching holds. A $100 contribution turns into $700 for the candidate; and Whereas: As such, matching funds can turn small house parties into big - dollar fundraisers. That means candidates can build competitive campaigns with grassroots support even without access to wealthy donors or the support of special interest groups; and ��11 A� � I Whereas: A study by the Brennan Center for Justice and the Campaign Finance Institute confirmed the success of the city's program in bringing small donors into the mix; and Whereas: More than half of all New York City candidates in 2009 were seeking office for the first time. As candidates seek small donations, they encourage more New Yorkers to get involved in city elections. More than half of all contributors in the 2009 elections were donating for the first time. These first -time donors overwhelmingly made small contributions: More than 80 percent gave $175 or less; and Whereas: A dozen cities and counties around the nation have adopted public financing programs including Albuquerque, New Mexico; Portland, Oregon; Tucson, Arizona; Austin, Texas; Boulder, Colorado; Dade County, Florida; Long Beach, Los Angeles, Sacramento, and San Francisco, California; and Whereas: A coalition of organizations is seeking to implement a public financing system, similar to what is in place currently in New York City for state elected positions; and Whereas: The following organizations support implementing publicly financed elections at the state level: Citizen Action, Common Cause, League of Women Voters, NAACP, PUSH - Buffalo, Buffalo Teachers Federation, UAW Region 9, Working Families Party, the Coalition for Economic Justice, and Governor Andrew Cuomo; and Whereas: While efforts are being made to implement public financing of elections at the state level, the same can and should be done for City of Buffalo elections; and Whereas: According to research done by the Center For Reinventing Government, in the 2011 Buffalo Common Council elections, only four out of nine Councilmembers had a primary challenge, and not a single councilmember had a contest in the November general election on a major party line. The four incumbents who had challengers raised an average of $24,264, while their opponents raised an average of $1,117; and Now Therefore Be It Resolved That the Buffalo Common Council does hereby support implementing a public financing system for city elected positions, similar to what currently exists in New York City. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council for further discussion. P Joseph Golombek, Jr. REFERRED ��, 7PE, COMMIT'T'EE ON (, R 11/1 RIO] �� �'� �� 000'7 RESOLUTION Sponsor: Council Member Michael J. LoCurto Subject: Permission to Hang Banners on Elmwood Avenue between Rockwell Rd and Penhurst Pkwy Whereas: The Burchfield Penny Art Center at Buffalo State College will be opening a new outdoor image and audio gallery called "The Front Yard" on Friday, October 18 2013; and Whereas: The Front Yard is an outdoor permanent installation for electronic image and sound and will be transforming the Elmwood Avenue 38 -foot fagade of the Center into a new media gallery open 24 hours a day, all year round, indefinitely; and Whereas: The sweeping curve of the Burchfield Penney's exterior will become a projection surface, creating the world's first permanent environmentally - responsive, outdoor audio and video environment; and Whereas: The Burchfield Penny Art Center is requesting permission to hang 4 pole banners to promote the installation's unveiling, which will be hung on the 4 light poles located between Rockwell Rd and Penhurst Parkway; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The Burchfield Penny Art Center has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banners. Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Burchfield Penny Art Center to hang banners located on Elmwood Avenue between Rockwell Road and Penhurst Parkway, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. 44 b MICHAELJ. CURTO PASSED Delaware istrict Councilmember FAN *AYE* NO FONTANA FRANCZYK * * * GOLOMBEK LOCURTO FRIDGEN RNERA RUSSELL SCANLON SMITH [ ------------- ] * * [ MAJ - 5 ] [213 - 5] [314 - 7] 00073 BY : DE A SMI TH 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. James F. Chlebowy Francisco Guzman Rubie L. Hearn Geneva D. Johnson Total: 4 Adopted 10/15/13 :1 0007: BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Mary Sullivan TOTAL: 1 ADOPTED ON 10/15/13 0007r ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Oct 22, 2013 at 9:45 o'clock A.M. Committee on Finance Tuesday, Oct 22, 2013 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, Oct 22, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Oct 22, 2013 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the e vent that there is sufficient time aiven for notification, it will be provided. In addition there may be meetings set up whereby the City Clerk's Office is not made aware therefore unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 0 0 07 V1 No. Adjournment On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at '� : s �/ GERALD A. CHWALINSKI CITY CLERK October 15, 2013