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14-0318 (2)
1 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO March 18, 2014 AT 2 :00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt - 9 Absent -None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on March 4, 2014 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT [MAJ- s] [2/3 - 6] X3/4- 7] *AYE* NO March 18, 2414 r FROM THE MAYOR March 18, 2014 I FROM THE MAYOR - EXECUTIVE DEPARTMENT March 18, 2014 4 FROM THE OFFICE OF CITIZEN SERVICES r) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 3, 2014 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of MonthIv Re ort for Februa 2014 _ 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 February of 2014, 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: Department Head Name: Oswaldo Mestre. Jr. Title: _..__ Signature of Department H( RECEIVED AND FILED 1 � ba of Education mpfoyee Is .val *kceop 1 sum. PW ohler '� " & / P�Y - 91 '� e kM; Snow Remo « Gm me City ofBuffalo . Citizen Services 218 City Hall Calls Betwe 21112014 a J 2128 2014 1 2 & e 3 § A 9 # . . .� . . � . . . i F6 . Ti , � > z` +~ .� . . , �� I and O Ff S! na Issue 218 City Hall Calls Between 219 12014 and 212812094 2 37 61 2 U 39 E FROM THE CITY PLANNING BOARD March 18, 2014 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the lead Agency has reviewed the following action as it relates to the environment: Action Title Mixed Use Development Location: 770 Elmwood Avenue — AKA 766 Elmwood Avenue Type of Action: Type I Action -unlisted Description. The Benchmark Group through SRK 770 Elmwood Associates is proposing the construction of a mixed use building located at 770 Elmwood Avenue (aka 766 Elmwood Avenue) Buffalo New York. The proposed development consists of a three -story, mixed use building with 24 market rate apartments and accessory secured surface parking along with commercial storefronts totaling 4500 square feet with all associated infrastructure and site improvements. The .35+ acre parcel is located on the west side of the street between Auburn Avenue and Cleveland Avenues. The Benchmark Group has owned the property since 1998. They removed a former doctor's office that created a large area that has been used for parking by customers of the many businesses located in the area. The parking was free of charge and permitted by the Benchmark Group management. Utilities such as potable water, sanitary sewers, gas and electric are available on or immediately adjacent to the site. Storm water runoff wili continue to drain to the existing storm sewers. The existing curb cuts on Elmwood Avenue will be removed and the site will be accessed by vehicular traffic from Grenway Alley and Elmwood Avenue for the residential component of the development and from Elmwood Avenue for the commercial component. All commercial deliveries will be made via Grenway Alley. The Elmwood Village Association has reviewed and is supportive of this project. The project was also reviewed by the City of Buffalo Environmental Management Commission at their meeting held on February 19, 2014. The Benchmark Group is expected to break ground in late spring 2014, As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the Elmwood Village area filling a large void on the 700 Block of Elmwood Avenue. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr, Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated: February25 2014 CC: City Clerk City ofBUMIo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection The Benchmark Group RECEIVED AND FILED I q, w Q SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR —State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 1� As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title American Radiator Building Renovation Ok Location: 1807 Elmwood Avenue Type of Action: uncoordinated - uniisted Description: Signature Development is proposing the renovation of the building located at 1807 Elmwood Avenue Buffalo New York. The renovation will include 38 apartments and 3000 Sq. Ft. Of commercial space. The building was built in 1903 and it was the corporate offices for the American Radiator Company. The exterior renovation will include windows, d n the renovation and State the new use, a New oors and tion is a refurbishing any deteriorated areas. The exterior will appear unchanged whe complete. The interior will be completely renovated as per the City of Buffalo York Building Code requirements. New parking will be added to accommodate Existing parking and blacktopped areas. currently existing around the buil incorporated into this project. The project will be conventionally fin g will also be anced din din market rate rents between $950.00 and $1350.00. The renovation /construction is expected to be complete before the end of 2014. This project will be complementary to Signature Developments nearby project that are complete or nearing completion on Grote Street and across Elmwood Avenue at the FWS site. . As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be. prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the Grant AmherstlMilitary Hertel Avenue Area. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City hall, and Buffalo New York 14202 — 716 851 -5085 Dated: February 25 2094 CC: City Clerk City ofl3uffalo PAhc Works, Parks, 5trects Department City of Buffalo Economic Development, Permits and Inspection Signature Development E EIV ED AND FILED 3 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR -- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency; City of Buffalo Planning Board Room 901, City Hall 65- Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Sweet Pea Market Location: 190 High Street Type of Action: Unlisted - Uncoordinated Description: Eca Logic Studio on behalf of St, John Fruit Belt CDC is proposing the construction Of a mixed use.retaillmarket building located at 190 High Street, Buffalo New York. The vacant lot would be developed as a retail store selling fresh produce and other food•ttems, a deli counter cafa and a small pharmacy. The project would serve the immediate Fruit Belt Neighborhood as well as the Buffalo Niagara Medical Campus. Adjacent parcels will be transferred from the City of Buffalo to St Johns Fruit Belt CDC for site development, including parking and Iandscapingfrain gardens. Sweet Pea Market will commit to using locally sourced products featuring prepared foods, baked goods and Panini. Locally grown and produced foodstuffs will include fresh produce, dairy and sustainably raised meats; local and imported specialty cheeses and artisanal baked goods. The 500 sq. ft. first floor will house the Market Caf6 and pharmacy. It will connect-to a covered outdoor eating area on the second floor for use during milder weather conditions. A shaded patio at the front will provide for seasonal eating space. The building will feature textured concrete masonry units with aluminum framed curtain wall and storefront construction. The primary rood will be a standing seam metal roof. The first floor roof will incorporate a green roof to minimize storm water volumes and provide a landscaped roof garden forthe second floor outdoor terrace. Solar panels will be incorporated into the design if financially feasible. The site will have a frontage border of landscape planting using local species incorporated into a rain garden. New street trees are proposed to support the walkability of the site. There will be 22 parking spaces and a drive thru lane on the north side of the property. A portion of the site to the east will remain undeveloped green space. Additional parking will be provided at the existing St. John the Baptist church lots that are located within 1000 feet of the site if necessary. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination. The identified potential negative impacts appear to be primarily short -term site preparation and construction reiated activities, and do not appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the Fruitbelt Community /Medical Campus Area providing a much need one stop mixed use facility for fresh foods, a fast lunch and a conveniently located pharmacy. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land . Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 - 716 851 -5085 Dated: March 11 014 CC: City Clerk City ofBuffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Eco Logic Studio A ND RLED �1 w S SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEOR — State Environmental Quality Review) of the Environmental Conserva Law. Lead ency-. City Of Buffalo Planning Board Room 801, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Flying Bison Brewing Company (Revised Negative Declaration) Location: 840 Seneca Street (Larkinville Community) Type of Action: uncoordinated - unlisted Description: Scheid Architectural PLLC is proposing on behalf of Flying Bison Brewery the construction of a new building located at 840 Seneca Street Buffalo New York, The Flying Bison Brewing Company will be moving their brewing operations from their existing address in the Riverside neighborhood to 840 Seneca Street where they will be constructing a new stamped metal Panel building replacing the existing building on the site that is in poor condition. The new building will include a larger brewing production space, storage, offices,.restrooms and a tasting area. The new building will be placed on the footprint of the building that is scheduled to be removed. Two Biergartens will be directly connected to the building. Community areas with landscaping and seating will be located on the site at the corner of Lord Street and Seneca Street to help promote the Larkinville district feel. Bike racks will be provided near the front entrance. The renovation /construction could begin as early as April 2014. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the Larkinville Community as well as act as a destination for individuals touring the area. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 9o1 City Hall, and Buffalo New York 14202 — 716 851 -5085 Dated February 25 2014 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and inspection Schied Architectural PLLC RECF_,ivrF0_ AN -0 HLED i SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. — Lead City of Buffalo Planning Board Room 901, City Mall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: (V Action Title 10 Symphony Circle Parking Lot Addition v1 Location: 10 Symphony Circle Type of Action: uncoordinated - unlisted Description: Ellicott Development is proposing the construction of a parking lot addition to the existing parking located at 10 Symphony Circle, Buffalo New York, The parking lot is necessary to offset the recent growth in occupancy at the building that is currently approaching 85 %. Currently there are 31 spaces on site with a need of an additional 23 spaces. The parking will be created by eliminating an existing roundabout that is currently not necessary for the tenants of the building. A sidewalk will also be added to accommodate safe pedestrian access. The existing fence and landscaping along Arlington Place and North Street will remain in place. The project will be privately funded and cost approximately $9500,00 As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be prima riiy short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. Adding the additional parking to this facility will alleviate any potential parking problems in the surrounding neighborhood. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room g01 City Mall, and Buffalo New York 14202 — 716 851 -5085 Dated: Februa 25 2014 CC: City Clerk City of Buffalo Public Works, parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Ellicott Development Company R 0 FROM THE OFFICE OF STRATEGIC PLANNING 1 4 # 2 (Rev. 1193) MULTIPLE PAGE COMMUNCATION TO THE COMMON COUNCIL T -O: T COMMON COUNCIL: DATE: March 14,201 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Approve Land Disposition Agreement (LDA) Between the City of Buffalo and Legacy LaSalle LLC for the Development of a City - owned approximately 3.67 acre Parcel (commonly known as part of 71 NYL & W RR and also being part of SBL No. 79.70 -2- 16.11) as part of a Residential Community (the "Property ") University District PRIOR COUNCIL REFERENCE. Item No. 9, C.C.P. 12/26/12 and Item No. 14, C.C.P. 12/23/13 Your Honorable Body on December 26 2012 designated Legacy Building Company LLC d /b /a Legacy Development (or entity to be formed by Legacy Building Company LLC) as developer in connection with the above referenced City owned Property. The December 23 2013 Common Council item was an extension of the Developer designation. The Property is located next to McCarthy Park. The overall development project involves approximately 9.5 acres of land including the 3.67 acre City -owned sale Property. The developer has already purchased the other parcels which make up the overall development project. The entity formed for the development is Legacy LaSalle LLC, a New York State limited liability company (hereinafter referred to as the "Developer "). The proposed transaction has evolved since December 26 2012 in the following significant ways: 1. The proposed development is now planned to be a "gated community ", 2. The proposed development is no longer informally called or designated a "collegiate" residential community but rather is now a referred to as a residential community, 3. The public tennis courts now located on the sale Property are no longer planned to be rebuilt within the proposed development and made available for public use. Rather, the tennis courts will be relocated by Developer to McCarthy Park at a location along Amherst Street. The area to which the tennis courts are being relocated is a more suitable location for tennis courts than is the current location. 4. The Cordova Avenue extension driveway servicing McCarthy Park is no longer part of the sale Property. Nonetheless, as part of the sale Property, 9 N the Developer is taking title to a portion of the land upon which public parking currently serving McCarthy Park is located. The Developer is environmentally remediating and improving the Cordova Avenue extension driveway into McCarthy Park and is adding curbing and other 5. driveway related amenities as well- as- reconfigured - replacement parking. eveloper is environmentally remediating the City -owned Cordova Avenue driveway extension servicing McCarthy Park in conjunction with the Developer's environmental remediation of the overall development project under the New York State Brownfield Cleanup Program (the "BCP "). In order to more fully effectuate and facilitate the BCP objectives, purposes and actual implementation and proper completion /closeout, the City is agreeing to grant an Environmental Easement or similar such rights (the "Environmental Easement ") to the People of the State of New York acting through their Commissioner of the Department of Environmental Conservation (or other appropriate party) encumbering the remediated City -owned Cordova Avenue driveway extension. 6. The Developer is granting easements (or is otherwise making easements available) to the residents along William Price Parkway who adjoin the overall development project (the "Residential Easements "). The easements are essentially going to make each such William Price Parkway adjoining land owner's rear yard another 18 feet deep and will serve somewhat as a buffer between the William Price Parkway residents and the overall development project. A number of other mitigation measures to address William Price Parkway residents' concerns are also being undertaken by the Developer and are detailed in the LDA. 7. The Developer has pre - closing access rights to the Property and the Cordova Avenue extension driveway for the purpose of undertaking environmental remediation measures and also for project related construction. 8. The location in which currently existing water lines and other utility related facilities are situate will require the City to reserve, retain and or otherwise create easements encumbering portions of the sale Property in order to responsibly address water line and other utility related concerns (collectively referred to as the "Reserved Easements "). 9. Likewise it is possible or likely that the City will need to allow access and or grant formal non exclusive easement rights to Developer (and Developer's project invitees, residential tenants and etc.) in order for Developer to readily utilize the Cordova Avenue driveway extension for day to day residential community ingress and egress into and out of the completed overall project (collectively referred to as the "Developer Access Easements "). 10. Further, as the overall development project progresses, the City may need to grant Developer easements and or access rights for utility related purposes to facilitate responsible utility related concerns and objectives (collectively referred to as the "Developer Utility Easements "). 1� 11. The Developer designation fees thus far paid to the City are to be applied towards the LDA deposit. The deposit and Developer designation fees are refundable in most events in which the transaction for some reason does not close. The City has agreed to sell and the Developer has agreed to purchase the sale Property. The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ("LDA"). Developer intends to develop the sale Property and adjoining parcels totaling approximately 9.5 acres in the aggregate into a residential community comprised of several different apartment and or townhouse buildings and common facilities. The overall project is primarily located on vacant former industrial land. The Developer is environmentally remediating the lands under the New York State Brownfield Cleanup Program. The preliminary overall project cost projection is approximately $40,000,000 ( "Project "). The Project is expected to be financed privately, through a bank loan for short-term construction financing and then the Developer is expected to obtain long -term financing through the private market, through an insurance company or other lender. The Developer commissioned Howard P. Schultz, Appraiser who has estimated the fair market value of the subject Property to be Two Hundred Fifty Six Thousand Nine Hundred Dollars ($256,900). The appraisal was submitted to the City of Buffalo Appraisal Review Board for review and they concur with the Appraiser's estimate of value of Two Hundred Fifty -Six Thousand Nine Hundred Dollars ($256,900). I am recommending and respectfully requesting that Your Honorable Body: 1. Approve the attached proposed Land Disposition Agreement (LDA) between the City of Buffalo and Legacy LaSalle LLC (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) with a sale price in the amount of Two Hundred Fifty - Six Thousand Nine Hundred Dollars ($256,900); 2. Authorize the Mayor to execute the LDA (and all related closing documents including but not limited to the deed) to be negotiated to finalization where appropriate by the Corporation Counsel's office; 3. Authorize the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop, negotiate and process the necessary documents, agreements and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA as well as those documents which are necessary to create the contemplated Environmental Easement encumbering the City - owned Cordova Avenue extension driveway, the Reserved Easements within the sale Property for the benefit of the City (and for the benefit of the pertinent associated utilities where appropriate such as the Buffalo Water Board and etc.), the Developer Access Easements to encumber the City -owned Cordova Avenue extension driveway and the Developer Utility Easements as are determined to be appropriate by the Corporation Counsel; 4 — Direct the - Corporation- Counsel- and - other appropriate - City personnel - to - - negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives. DEPARTMENT HEAD NAME TITLE: SIGNATURE OF DEPARTMENT HEAD: CRN:plg Ckremlprivatesale /Legacy Council Item Approve LIDA CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF - EGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. 1� CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN CITY OF BUFFALO AND LEGACY LASALLE, LLC DEVELOPER a LIST OF SCHEDULES SCHEDULE A LEGAL DESCRIPTION (referenced on pg 1) B ENVIRONMENTAL RELEASE (referenced on pg.6) C MAP SHOWING LOCATION OF NEW TENNIS COURTS — OFF SITE (referenced on pg 15) CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT This CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT hereinafter called "Agreement "), made on or as of the day of 2013, by and between the City of Buffalo , a New York State municipal corporation (hereinafter called "City "), having its office at Room 920 City Hall, Buffalo, New York 14202 . hdI LEGACY LASALLE, LLC a New York State limited liability company (hereinafter called "Developer ") having an office for the transaction of business at 250 Ramsdell Avenue, Buffalo, New York 14216. WITNESSETH WHEREAS, City has offered to sell and Developer is willing to purchase certain real property in Buffalo, New York as more particularly described in Schedule A annexed hereto and made part hereof (which property as so described is hereinafter called "Property "), and to develop the Property for and in accordance with the uses specified in the provisions of this Agreement; and WHEREAS, the Property, together with other adjacent parcels currently owned by Developer or interests related to the Developer, will be developed as a residential community comprised of several different multifamily apartment buildings and common facilities (hereinafter the "Project "). NOW, THEREFORE, in consideration of the foregoing and for other good consideration, each of the parties hereto does hereby covenant and agree with the other as follows: SECTION 1 - SALE; PURCHASE PRICE (A) Subject to all the terms, covenants, and conditions of this Agreement, City will sell the Property to Developer, and Developer will purchase the Property from City and pay therefore, the amount of $ 256,900 as determined by the appraisal valuation (hereinafter called "Purchase Price" in U.S. Dollars), of which ten percent (10 %) will be paid in accordance with Section 2(A) (ii) of this Agreement (the "Deposit "), and the balance subject to any adjustments and prorations provided herein shall be paid by Developer to City by wire transfer or by bank cashier's check at the time of delivery of the Deed (as hereinafter defined) conveying the Property to Developer. Notwithstanding the foregoing, the Deposit shall be reduced by an amount equal to the amount that Developer has then paid to the City pursuant to that certain designated developer agreement that was � duly entered into by the City and the Developer pursuant to Item No. 9 of Common Council Proceedings held on December 26, 2012. SEC71ON 2 - CONVEYANCE OF PROPERTY (A) Conditions Precedent: Developer and City understand and agree that City's obligation to convey title to the Property and Developer's duty to accept title to the Property shall be subject to the satisfaction or waiver thereof of the following conditions precedent: 0) If not already approved, the approval of the Purchase Price and this Agreement by the Common Council of the City of Buffalo ( "Common Council "); (ii) Developer's delivery of the Deposit, along with an executed COPY of this Agreement within thirty (30) days following the later of (a) Developer's receipt of all necessary approvals as stated in Section 2 (A) of this Agreement or (b) the full execution of this Agreement; (iii) Developer's submission to and approval by City of the Plans (as hereinafter defined) pursuant to Sections 4 and 5 of this Agreement; (iv) Developer's submission to and approval by the City of Buffalo Planning Board of the site plan of the Project; (v) Developer's submission to the City of evidence reasonably satisfactory to City of equity capital and/or mortgage financing necessary for the completion of the Project pursuant to Section 5(E) of this Agreement; (vi) Developer's submission to the City of Buffalo's Department of Economic Development, Permit and Inspection Services of an application for a building permit, and receipt thereof, for the construction of the Improvements (as hereinafter defined) pursuant to Section 5(F) of this Agreement; (vii) Clear and unencumbered title to the Property with no liens or encumbrances, such determination to be made by Developer, in its sole discretion; (viii) Developer satisfying itself at Developer's sole cost and expense, in Developer's sole discretion, that the Property is in compliance with all Federal and New York State environmental statutes, rules and regulations; and (ix) Completion by both parties of all other obligations under this Agreement to be completed prior to Closing (as hereinafter defined) including but 14 M r not limited to as identified in Sections 11(B) and 12(A)(i) and (ii) of this Agreement. (x) In addition to the foregoing, Developer's obligations under this Agreement are also contingent upon approval by the New York State Department of Environmental Conservation ( "NYSDEC ") of Developer's proposed remedy under the New York State Brownfield Cleanup Program (the (B) Conditions Subsequent: In the event that subsequent to conveyance of the Property or any part thereof to Developer and prior to completion of the Improvements as certified by City: W The Developer (or successor in interest) shall default in or violate its obligations with respect to the construction of the Replacement Tennis Courts (as hereinafter defined), Cordova Improvements (as hereinafter defined) and/or the portions of the Project improvements located on the Property ( "Property Improvements ") (collectively, the "Improvements ") , or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within six (6) months after written demand by the City so to do; or (ii) Developer (or successor in interest) shall, prior to the completion of the Improvements, fail to.pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by this Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by City so to do, then City shall have the unilateral right (but not the obligation) to re -enter and take possession of the Property and to terminate (and revest in City) the estate conveyed by the Deed to Developer. It is the intent of the foregoing provision, together with other provisions of this Agreement, that the conveyance of the Property to Developer shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by Developer specified in this Section and failure on the part of Developer to remedy, end or cure such default, failure or violation within the time to cure provisions stated herein, City at its option shall have the unilateral right to declare a termination in favor of City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to Developer, and that such title and all rights and interests of Developer, and any assigns or successors in interest to and in the Property, sh revert to Cites__ ra iv ded, that such condition subsequent and any revesting of title as a result thereof in City shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) that have been improved by the Developer in accordance with this Agreement and for which a certificate of completion is issued therefor as provided in Section 7 hereof. In addition, the City shall have the right to retain all deposits paid by Developer under this Agreement without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of Developer as specified above. (C) Form of Deed: City shall convey title to the Property to Developer by Quit Claim Deed (hereinafter called "Deed "). Such conveyance and title shall be subject to all conditions, covenants, and restrictions of record, and /or as are apparent or otherwise existing on site and/or as set forth or referred to elsewhere in this Agreement. (D) Closing: City shall deliver the Deed to the Property to Developer within sixty (60) days after the satisfaction of the last of the conditions precedent set forth in Section 2(A) of this Agreement, or on such other date as the parties hereto may mutually agree upon in writing. Conveyance shall be made at the principal office of City, and Developer shall accept such conveyance and pay the balance of the Purchase Price, subject to any applicable closing adjustments, to City at such time and place (the "Closing "). (E) Apportionment of Taxes: Non - delinquent City and County taxes, user fee and or sewer rentals for the Property allocable to the land and or improvements, if any, shall be adjusted as of the date of delivery of the Deed. (F) Recordation of Contract and Deed: At or immediately following Closing, Developer shall file this Agreement and the Deed for recordation among the land records at the Erie County Clerk's Office. Developer shall pay all filing and recording costs (including but not limited to the cost of the transfer tax on the Deed) for so recording the Deed and this Agreement, . (G) Evidence of Title: Developer will provide reliable documentation with respect to title, including but not limited to title abstract, title commitment (with copies of all exceptions) and survey (showing among other things the location of all currently existing utilities as well as all easements and other matters) with respect to the Property. In the event Developer desires title insurance, Developer shall obtain the same at its own cost and expense, Developer must give a copy of the Developer's Property title commitment (with copies of all exceptions), the title abstract(s) and the survey to the City. All must be in form and substance acceptable to the City in the City's sole but reasonable discretion. 4 P (H) Condition of Property; Developer specifically acknowledges and agrees that the City shall sell, and Developer shall purchase, the Pr operty "AS IS, WHERE IS AND WITH ALL FAULTS, and - D ev e loper is no re ying on any representations or warranties of any kind whatsoever, whether oral or written, express or implied, statutory or otherwise, from City, nor any officer, employee, attorney, agent or broker of City as to any matter concerning the Property, including (i) the quality, nature, habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, water supply and availability in pressure and amount sufficient for the Developer's Project, and utility systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental authority or of any other person or entity (including, without limitation, the Americans with Disabilities Act), (vi) the ability of Developer to obtain any necessary governmental approvals, licenses or permits for Developer's intended use or development of the Property, (vii) the presence or absence of Hazardous Materials on, in, under, above or about the Property or any adjoining or neighboring property, (viii) the quality of any labor and materials used in any improvements, if any, (ix) the condition of title to the Property, (x) the leases, contracts or any other agreements affecting the Property, if any, or the intentions of any party with respect to the negotiation and/or execution of any lease or contract with respect to the Property, (xi) City's ownership of the Property or any portion thereof, or (xii) the economics of, or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Developer expressly acknowledges and agrees that Developer is not relying on any representation or warranty of City, nor any officer, employee, attorney, agent or broker of City Agency, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Developer. This Section shall survive the delivery, acceptance and or recordation of this Agreement and the Deed. (1) Indemnity and Release Provision: Developer agrees to release and save harmless City as set forth in Schedule B attached hereto and made a part hereof. Developer must provide the City with a copy of any and all environmental reports relating to the Property and the Project together with a copy of all submissions made by Developer to the NYSDEC related to the Project. V SECTION 3 - TERMINATION (A) In the event that the City does not ten conveyance of the Property in tie manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within ninety (90) days after the date of written demand by Developer, then Developer as its sole remedy shall have the right to terminate this Agreement and recover the Deposit from the City. Developer shall not be entitled to recover any out of pocket expenses and/or attorneys' fees. (B) In the event that prior to conveyance of the Property to Developer and in violation of this Agreement: (i) Except as provided in this Agreement, Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein, or in the Property; (ii) Developer does not apply for a building permit or submit to City evidence reasonably satisfactory to City of equity capital and /or mortgage financing necessary for completion of the Project as provided for in this Agreement; or (iii) Developer breaches any other term or condition of this Agreement, and if any default or failure referred to in this Section shall not be cured within ninety (90) days after the date of written demand by City, then this Agreement, and any rights of Developer, or any assignee or transferee, in this Agreement, or arising therefrom with respect to City or the Property, shall, at the sole option of City, be terminated by City, in which event, the Deposit shall be retained by City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither Developer (or assignee or transferee) nor City shall have any further rights against or liability to the other under this Agreement. Notwithstanding the foregoing, Developer's liability under any access agreements shall not automatically be terminated upon termination of this Agreement. SECTION 4 — CONSTRUCTION AND PROJECT PLANS Pursuant to Section 5 of this Agreement, Developer shall submit to the City plans showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and landscaping, and anticipated changes in topography. Such plans and related documents, together with any and all changes thereto that may thereafter be made and submitted to City, are hereinafter collectively called the "Project Plans." The Project Plans shall be in sufficient completeness and detail no to show that such improvements and construction thereof will be in accordance with the provisions of this Agreement. In addition, Developer shall submit to the City plans to construct the Replacement Tennis Courts an the Cordova I Tp movements ire a level of detail sufficient to provide assurance to City that the Replacement Tennis Courts and the Cordova Improvements will be built to specifications acceptable to the City (the "Construction Plans "). The Project Plans and the Construction Plans are collectively referred to herein as the "Plans." It is agreed that City shall have the final sayfinput all the way through final design plans generally and particularly with respect to the Replacement Tennis Courts and the Cordova Improvements. SECTION 5 -TIME FOR CERTAIN OTHER ACTIONS (A) Time for Submission of Plans. The time within which Developer shall submit the Plans to City shall be not later than ninety (90) days from the later to occur of: (a) the date of the execution of this Agreement by Developer; (b) approval of this Agreement by the Common Council; or (c) NYSDEC's approval of Developer's proposed remedy under the BCP. Developer shall have the right to extend the time period for the submission of the Plans for an additional ninety (90) days upon written notice and payment of an additional $500.00 deposit (the "Additional Deposit ") to City. Said Additional Deposit shall be held by City and credited against the Purchase Price at Closing. The Additional Deposit and the Deposit are sometimes collectively referred to as the "Deposits ". (B) Time for City to Review Plans. City shall have thirty (30) days from its receipt of the Plans to review and approve or reject the same. In the event that City fails to approve or reject the Plans within such thirty (30) day period, the Plans shall be deemed approved by City for purposes of this Agreement but not for purposes of the issuance of building permits and or for formal site plan approval. In the event City rejects the Plans, City shall notify Developer thereof, in writing, which notice shall set forth City's reason or reasons for rejecting such plans. (C) Time for Submission of Corrected Plans. The time within which Developer shall submit any new or corrected Plans shall not be later than sixty (60) days after the date Developer receives written notice from City of City's rejection of the Plans referred to in the latest such notice. (D) Time for City Action on Change in Plans. The time within which City may reject any change or correction in the Plans shall not be more than thirty (30) days after the date of City's receipt of notice of such changed plans. (E) Time for Submission of Evidence of Equity Capital and Mortgage Financing. The time within which Developer shall submit to City evidence as to equity capital and /or mortgage financing necessary for completion of the Improvements shall not be later than one hundred and eighty (180) days after the later of (i) the City's approval of the Plans_pur-suan -t to- 5 (B) --or ) of this Agreement or (ii) the NYSDEC's approval of Developer's proposed remedy under the BCP. (F) Time for Application for Building Permit. The time within which Developer shall apply for a building permit for the Improvements shall not be later than one hundred and eighty (180) days after the approval of the Plans. (G) Time for Commencement and Completion of Construction. The time within which Developer shall commence construction of the Improvements shall not in any event be later than ninety (90) days after the date of the delivery of the Deed and the receipt of a building permit from City, whichever occurs later. If weather conditions do not permit the commencement of construction within the aforementioned time period, then construction shall be commenced within ninety (90) days of weather conditions becoming suitable for construction activity, within the sole reasonable judgment of Developer. Such construction shall be diligently completed as funding is available, with updates on the Developer's progress provided to the City upon its written request. Notwithstanding the foregoing and or any other provision of this Agreement to the contrary, Developer agrees to have the Improvements completed within seven (7) years of recordation of the Deed. SECTION 6 - COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS (A) Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of Developer for itself and such successors and assigns, that Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the construction of the Improvements as funding is available, and that construction shall in any event be begun within the period specified in Section 5 hereof and be completed in a reasonable period of time. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of City and enforceable by City against Developer and its successors and assigns to or of the Property or any part thereof or any interest therein. Notwithstanding the foregoing and or any other provision of this Agreement to the contrary, Developer agrees to have the Improvements completed within seven (7) years of recordation of the Deed. Further notwithstanding the foregoing, Developer agrees to have the Tennis Courts and the Cordova Improvements completed within eighteen (18) months of recordation of the Deed and Developer further agrees to abide by the pertinent soil management methods or plan and any pertinent construction monitoring report /reporting relevant to the areas where this work will be done. The Cordova I pro�ents related work will proceed under the same investigation and remediation methodology as prescribed in connection with the Property, at Developer's expense. (B) Progress Reports. Subsequent to conveyance of the Property or any part thereof to Developer, and until construction of the Improvements have been completed, Developer shall make on a monthly basis, or at such other interval as may be reasonably requested by City, progress reports in such detail as may be reasonably requested by City from time to time as to the actual progress of Developer with respect to the construction of the Improvements. Such progress reports shall be delivered to the Office of Strategic Planning, Director of the Division of Real Estate, Room 920 City Hall, Buffalo, New York 14202. SECTION 7 - CERTIFICATION OF COMPLETION (A) Promptly after completion of the Improvements in accordance with those provisions of this Agreement relating solely to the obligations of Developer to construct the Improvements, the City will furnish Developer with an appropriate instrument so certifying. Such certification by City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of Developer, and its successors and assigns, to construct the Improvements. (B) The certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Improvements (or such portion thereof) in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. SECTION 8 - NOTICES AND DEMANDS Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and M 1 (i) In the case of Developer, is addressed to or delivered personally to Developer at 250 Ramsdell Avenue, Buffalo, New York 14216 with a required copy to Adam S. Walters, Esq., Phillips Lytle LL 3400 HSBC Cent er, Buffalo, New - York 14203. (ii) In the case of the City, is addressed to or delivered personally to the Executive Director Office of Strategic Planning, 65 Niagara Square, Room 920 City Hall, Buffalo, New York 14202 with a required copy to the Director of Real Estate, 65 Niagara Square, Room 901 City Hall, Buffalo, New York 14202 with a copy to Assistant Corporation Counsel John Heffron at 11 OD City Hall, Buffalo, New York 14202. or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. SECTION 9 - SPECIAL PROVISIONS (A) Right of Access for Testing and Investigation: Prior to Closing and upon reasonable notice to City, City shall permit Developer to enter the Property for the purposes set forth in Section 2 of this Agreement, subject to the following conditions: (i) Prior to Developer, its agents, consultants or contractors entering upon the Property as herein provided, Developer, its agents, consultants or contractors shall execute an access and indemnity agreement with the City and secure and deliver to City a certificate of insurance evidencing general liability, automobile disability and worker's compensation insurance coverage naming City as an additional insured in the case of general liability and automobile liability insurance (specifying the scope of the allowed access and work objective) and as certificate holder for each type of insurance coverage. Said insurance coverage shall be maintained by Developer, its agents, consultants or contractors at their own expense, for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by any one person and not less than ONE MILLION DOLLARS ($1,000,000.00) for Injuries or death sustained by two or more persons in any one accident and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Developer's, its agents, FE � consultants or contractors entrance upon and /or work performed by or for Developer pursuant to this Section. Each Certificate of Insurance shall contain a provision providing for ten (10) days written notice to City of Developer's, its agents, consultants or contractors or insurance company's intention to cancel or materially change said policies. (iii) Developer agrees that all testing and investigations shall be Performed in a good and workmanlike manner and that Developer, its agents, consultants or contractors shall take all appropriate precautions to safeguard against injury to persons and damage to property. (iv) Developer agrees to comply with all Federal, State, County and City laws, rules and regulations that are applicable to the development of the Property. (v) Developer agrees not to commence remediation on the Property or construction of the Improvements on the Property prior to the written approval therefore by City and the conveyance of the Property at Closing, unless expressly authorized in writing by the City accordance with Section 9(B) of this Agreement. (vi) Developer agrees, without limitation and at no cost to City, to defend, indemnify and hold harmless City from any and all damages, claims, suits, actions, and costs (including without limitation reasonable attorneys' fees) because of bodily injury or sickness, including death, sustained by any person or persons and from damage to or loss of property, including but not limited to the loss of use thereof, caused directly or indirectly as a result of Developer's entrance upon the Property and /or work performed by or for Developer on the Property pursuant to this Section. (vii) Upon the completion of any such investigation or test, Developer shall promptly and at no cost to City restore the Property to its former condition prior to such test or investigation, reasonable wear and tear excepted. (viii) Notwithstanding any other provision contained in this Agreement to the contrary, City's execution of this Agreement shall authorize Developer to access the Property for investigation and remediation purposes upon approval of the Remedial Investigation and Work Plan by NYSDEC, so long as Developer complies with the obligations of Section 9. 11 (E) Early Entry for Remediation and or Construction of Improvements: In the event that Developer desires to commence remediation and or construction on the Property prior to the transfer of title of the PrapiertTtb Developer shall notify City in writing of same. City shall grant to Developer the right to commence remediation and/or construction on the Property prior to the transfer of title of the Property upon compliance with such access and indemnity terms as described below in 9(13)(kiv) and in 12(13)(ii), which shall at a minimum include, unless waived by the City in its sole discretion the following: 0) General liability insurance coverage as required by the City (including but not limited to owners protective liability coverage in the amount of at least $1,000,000) shall be maintained by Developer , its agents, consultants or contractors at their own expense for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by any one person and not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident (with an excess /umbrella liability insurance policy of at least $5,000,000, with the City named as additional insured under each such insurance policy) and automobile liability insurance policy of at least $1,000,000 (any vehicle with the City named as additional insured) and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect City, their agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Developer's, it's agents, consultants or contractors entrance upon and /or work performed by or for Developer pursuant to this Section of the Agreement. Each Certificate of Insurance shall contain a provision providing for thirty (30) days of written notice to City of Developer's or insurance company's intention to cancel or materially change said policies. In addition, the Developer shall provide owners protective liability insurance paid for by Developer naming the City as the named insured in the amount of at least $1,000,000. (ii) The Developer agrees to secure the completion of any remediation work actually commenced on the Property by Developer prior to the transfer of title of the Property to Developer (the "Pre- Closing Remediation Work ") by, at the time the Pre - Closing Remediation Work is commenced, providing the City with a letter of credit (in form and substance reasonably acceptable to the City) in the amount of Developer's demonstrably accurate estimated cost to complete the Pre - Closing Remediation Work (the "Pre- Closing Remediation Work Letter of Credit "). If, prior to Closing, City determines through its Executive Director of the Office of Strategic Planning that Developer is not going to complete the 12 Pre- Closing Remediation Work in accordance with the Remedial Investigation and Work Plan approved by NYSDEC, then the City shall have the unilateral right to utilize the letter of credl t_o_pa_y_fo_rAhe_City's - completion of the Pre - Closing Remediation Work or other proper demobilization of the pre - closing remedial work as the City deems appropriate . After Closing, the Pre - Closing Remediation Work Letter of Credit shall be terminated and shall be of no further force or effect. (iii) In the event that Developer fails to accept title to the Property Pursuant to this Agreement or the Developer otherwise abandons its efforts to proceed with the development of the Property, then Developer shall, at no cost to City, restore the Property to its former condition and either remove any structure, or part thereof, which it constructed on the Property or reimburse City for the cost of removing said structure or part thereof. Notwithstanding the foregoing, Developer shall not be responsible for such restoration if its failure to take title or abandonment is a result of factors outside of the Developer's control. City's decision whether or not to allow early entry for remediation and or construction will be informed by whether or not Developer is deemed willing and able to complete the remediation and or construction and or restore the Property and whether or not security in sufficient form and dollar amount is provided by Developer in City's sole discretion. (iv) Under no circumstances shall City be obligated to complete the environmental remediation and or the construction of any improvements and /or Improvements commenced by Developer. SECTION 10 - RIGHT OF ENTRY FOR UTILITY SERVICE City reserves for itself and any public utility company, as may be appropriate in City's sole discretion, the unqualified right to enter upon the Property at all reasonable times for the purpose of inspecting, reconstructing, maintaining, repairing and or servicing the public utilities located within the Property boundary lines. Notwithstanding the foregoing, City is not hereby obligated to undertake such measures. SECTION 11 - UTILITY EASEMENTS (A) Developer not to Construct Over Utility Facilities and/or Easements: Developer shall not construct any building or other structure or improvement on or over any utility facilities, or within the boundary lines of any easement for any utilities, unless such construction is provided for in such easement or has been approved by the City. (B) Developer to Grant Easements and Access: Prior to Closing, Developer and City shall agree upon all easement and access rights on 13 � the Property that City will require (or which City staff believe may be required by the owners or operators of utility facilities) after the Property is conveyed to Developer, and the parties shall use their best efforts to r agree up form - e�em-granting _ - -_ - - granting or reserving such rights. At Closing, both parties shall execute such agreements and City shall arrange for same to be recorded at Developer's expense, if deemed necessary by City and in form and substance acceptable to both parties. City will at a minimum need to reserve an easement for the 8 -inch waterline crossing the existing asphalt parking area. Developer will need to satisfactorily address overhead electric line and pole matters for the facilities in the existing asphalt parking area. SECTION 12 - FURTHER COMMITMENTS OF DEVELOPER (A) William Price Parkway Block Club. Developer agrees to provide the following mitigation measures for the benefit of the residents located on William Price Parkway (UPP Residents ") and the members of the William Price Parkway Block Club ( "WPPBC "): (i) Grant a first priority title insured exclusive use easement for an environmentally cleaned (pursuant to Developer's approved remedy under the BCP) strip of land eighteen (18) feet wide (and running the length of each respective property) to each of the nine (9) WPP Residents owning the following parcels: 72, 78, 84, 90, 96, 102, 108, 118 and 126 William Price Parkway ( "Easement Residents "), at no cost to the Easement Residents, and, where such Easement Residents currently have existing fencing along their respective "rear" property lines, Developer shall move such fencing to the northeastern end of the easement area and construct and install new matching fencing along the side yards, at Developer's sole cost, to incorporate such easement conveyance; (ii) Make a one -time financial contribution to the WPPBC in the amount of Two Thousand Dollars ($2,000.00) for its discretionary needs; (iii) After construction of the Improvements are complete, at Developer's sole cost, power wash all homes of WPPBC members that have, in each individual WPPBC member's reasonable opinion, been impacted by the Improvements; and (iv) After the Deed to the Property has been passed to Developer, make a one -time financial contribution to the WPPBC not to exceed Five Thousand Dollars ($5,000.00) for the construction of a monument or other sign, to be designed and chosen by the WPPBC, at the entrance to the William Price Parkway subdivision. 14 3� (B) TENNIS COURTS, PARKING LOTICORDOVA IMPROVEMENTS. The Developer's Project will involve the utilization by Developer for Proj ect purposes -- of�erta+n- areas -of- the - Property - currently being used as publiclennis courts an : public parking. A key element informing City's agreement to sell the Property to the Developer is Developer's agreement hereby to: (i) Build two tennis courts all at Developer's sole cost and expense (and according to specifications provided by the City) in the location along Amherst Avenue depicted on the attached Schedule C (the "Replacement Tennis Courts "). The Developer's obligation to construct the Replacement Tennis Courts shall be fulfilled within 18 months of recordation of the Deed; and (ii) Build replacement parking and certain improvements on an extension southwesterly of Cordova Avenue all at Developer's sole cost and expense and according to construction plans and specifications to be provided by Developer to City in form and substance acceptable to the City in the City's reasonable discretion. The Developer's obligation to construct the replacement parking and to complete the improvements such as a bike path (the bike path to run from LaSalle all the way to the cul -de -sac at the end of William Price Parkway), road related improvements, landscaping, signage, fencing, break away bollards and the like (collectively, the "Cordova Improvements ") shall be fulfilled within 18 months of recordation of the Deed. Final design plans including but not limited to fencing type and height are subject to the prior written approval Of the City's Commissioner of Public Works, Parks and Streets. City's execution of this Agreement shall authorize Developer to access the Property for investigation and remediation purposes upon approval of the Remedial Investigation and Work Plan by NYSDEC, so long as Developer or Developer's contractor(s) submit an access agreement and proof of insurance coverage (and additional insured status) as set forth in Section 9(B)(1-iv) as to Property access and Section 9(A)(i) of this Agreement for the investigation work and the work associated with the actual completion of the Tennis Courts and the Cordova Improvements. (C) DEVELOPER TO SECURE OBLIGATIONS. The Developer agrees to secure Developer's obligations to timely complete the Replacement Tennis Courts and the Cordova improvements by at the time of recordation of the Deed providing the City with a letter of credit (in form and substance reasonably acceptable to the City) in the amount of 160% of the City Engineer's office's estimated cost to complete the Replacement Tennis Courts and the Cordova Improvements. If City determines through its Executive Director of the Office of Strategic Planning that Developer is not going to timely fulfill or is not going to 15 3 U otherwise fulfill the Developer's obligations regarding the completion of the construction of the Replacement Tennis Courts and or the Cordova Improv then the City shall have the unilateral rig to utilize the ] attar of credit pay for the City's construction of the Replacement Tennis Courts and /or the Cordova Improvements. (D) Construction Phase Employment: 0) The Developer shall use commercially reasonable efforts to cause its construction manager, general contractor and subcontractors to attain a minority workforce goal of 25% and a woman workforce goal of 5% for all construction personnel working on the construction of the Project. (ii) The Developer shall use commercially reasonable efforts to cause its construction manager, general contractor and subcontractors to attain a minority business enterprise ( " MBE ") utilization goal of 25% and women business enterprise ( " ") goal of 5% for all construction firms and engineering /architectural firms working on the construction of the Project. (iii) The Developer shall use commercially reasonable efforts to cause its construction manager, general contractor and subcontractors to utilize a workforce for the construction of the Project that includes at least 75% local workers (meaning workers residing within 100 miles of the Project site, excluding Canada). (iv) The Developer shall cause its construction manager, general contractor and subcontractors to pay wages for the construction of the Replacement Tennis Courts and Cordova Improvements at prevailing wage rates as promulgated by the New York State Department of Labor. (E) Environmental Easement: In the event an easement in the nature of an Environmental Easement (to The People of the State of New York acting through their Commissioner of the Department of Environmental Conservation) or other such similar document is required or desirable in conjunction with the Developer's remediation of real property owned by the City situate adjacent to or near the Property (the "Cordova Avenue Extension Parcel ") as part of or associated in any manner with BCP Site No. C915283 clean -up efforts through the NYSDEC Brownfield Program, the City shall join in with the Developer in granting (or shall otherwise grant) an environmental easement (the "Environmental Easement ") upon NYSDEC but only with respect to the Cordova Avenue Extension Parcel. It is agreed that the Developer shall execute said Environmental Easement for the express purposes of directly taking on and agreeing to pay for all affirmative obligations thereunder, including, but not limited to, all periodic reporting obligations as well as any and all maintenance, monitoring and other operational matters under any and all types of site management plans associated with such Environmental Easement. The City 16 s'\ agrees that it shall execute such Environmental Easement for the limited purpose of subjecting the City's interest in the pertinent section of the Cordova Avenue Extension Parcel to such Environmental Easement and for notice purposes only. Ob iga#ians -taken on by the Developer under such Environmental Easement and also with respect to the Cordova Avenue Extension Parcel shall be direct and shall run with the Developer's interest in the Property and shall be binding upon the Developer and the Developer's successors and assigns and their interests in the Property in perpetuity. SECTION 13 - ACCESS TO THE PROPERTY In furtherance of Section 9 (A), prior to the conveyance of the Property by City to Developer, upon receipt by City of proper access and indemnity agreements with certificates of insurance, in form and substance acceptable to City, City shall on conditions to be prescribed by the City in the City's reasonable discretion, permit representatives of Developer to have access to any part of the Property as to which City holds title at all reasonable times for the purpose of obtaining data and making various tests concerning the Property which are necessary to carry out the Agreement. SECTION 14 - BROKERS (A) Statements and Representations: The parties shall not be liable or bound by any verbal or written statements, representations, real estate brokers "set ups" or information pertaining to the Property furnished by any real estate broker, agent, employee, servant, or any other person, unless the same are specifically set forth. The parties further acknowledge that, except as specifically set forth herein, neither party nor any agent or representative of either party have made, and the parties are not liable for or bound in any manner by, any express or implied warranties, guarantees, promises, statements, inducements or representation of information pertaining to the.Property. (B) Indemnification: Developer agrees to defend and indemnify City against the claims of any broker arising as a result of any negotiations had by Developer with any broker in connection with this Agreement. Developer further agrees, at City's option, to provide legal counsel, representation and litigation expenses to City, at no cost to City, or to pay all legal fees of an attorney of City's choosing and all other costs of litigation for any litigation that may result from any claims that may be brought by any broker against City in connection with this Agreement. SECTION 15 E.C.I.D.A. FINANCING: In the event Developer shall elect to obtain financing from industrial development bonds issued by the Erie County Industrial Development Agency (E.C.I.D.A.), and if required by the E.C.I.D.A., fee simple title to the Property shall 17 be conveyed to the E.C.I.D.A., if title has not been previously conveyed to Developer, or Developer shall convey fee simple title to or a leasehold interest in the Prop erty t o E. upon the closing of its industrial revenue bond financing and or safe lease/ leaseback arrangements with the ECIDA. Notwithstanding any other provisions contained in this Agreement to the contrary, Developer and City agree that: 0) Upon written direction of Developer, City shall convey fee simple title to Property directly to the E.C.I.D:A (ii) Notwithstanding such conveyance, Developer shall remain solely liable for all of Developer's obligations under this Agreement; and (iii) Neither the E.C.I.D.A. nor City shall be obligated to assume or perform Developer's obligations under this Agreement. SECTION 16 - PROHIBITION AGAINST ASSIGNMENT Developer shall not assign this Agreement in whole or in part to any other party, corporation, partnership or other legal entity without the prior written approval of the City, such approval to be granted or withheld in the City's sole discretion. SECTION 17 - PROJECT SIGNS Developer agrees to construct and install a minimum of one (1) project sign described as follows: (i) Name of Project (ii) City of Buffalo Honorable Byron W. Brown, Mayor Rasheed Wyatt, District Councilmember Project signs shall be weatherproof and shall be carefully maintained, until Project has been completed. Signs shall have a background of red, white and blue in three (3) equal horizontal segments. Size and number of signs shall be appropriate to the site and adequate to mark it. Signs shall not be smaller than 4' x 6' or larger than 8' x 8', except to meet special or local requirements. Developer shall submit a sample of the proposed sign to City for written approval prior to sign construction. The sign shall not be installed unless City's prior written approval from the City's Executive Director of the Office of Strategic Planning, in its reasonable discretion, has been given. 18 SECTION 18 - COUNTERPARTS This Agreement may be executed in one or more counterparts, - ea ch-&f-which-will be deemed - an original, but all of which together will constitute one and the same instrument. SECTION 19 - MISCELLANEOUS (A) No member, director, officer, or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, officer, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, director, officer, or employee of City shall be personally fable to Developer, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. (B) All provisions of this Agreement shall run with the land and shall be binding upon the Property, Developer and all successors and assigns and transferees. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from City to Developer or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. (C) Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. SECTION 20 - CITY'S RIGHT TO TERMINATE. Notwithstanding anything in this Agreement which could be construed to the contrary, in the event the Deed for any reason whatsoever and regardless of fault has not been passed to Developer and recorded on or before January 31st 2016, both parties independently of each other shall have the unilateral right to terminate and cancel this Agreement and the Deposit shall be returned to Developer (unless Developer is at fault), and neither Developer (or permitted assignee or transferee) nor City shall have any further rights against or liability to the other under this Agreement provided, however, that Developer's indemnity and related obligations under Section 9 and under Section 13 hereof shall survive such termination. 19 ,e IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and behalf by its Mayor, and Developer has caused this Agreement to be duly executed in its name and behalf by its as o e first - d}afyabove written — CITY OF BUFFALO BY: Byron W. Brown, Mayor LEGACY LASALLE, LLC BY: Frank A. Chinnici, Member 20 STATE OF NEW YORK: COUNTY OF ERIE : SS CITY CFF SUFFALO : - -- -- -- On the day of , 2014, before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said State, 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, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLICICOMMISSIONE - OF DEEDS STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO : On the day of , 2014, before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said State, 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, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC /COMMISSIONER OF DEEDS 21 q SCHEDULE A PROPERTY ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie, State of New York, and being part of Lot 46, Township 11, Range 8 of the Holland Land Company Survey (so- called), bounded and described as follows: BEGINNING AT THE southeast corner of lands conveyed to Courier Cable Company, Inc. by deed recorded in the Erie County Clerk's Office in Liber 8180 of Deeds at Page 233, said point being at the intersection of the west line of Cordova Avenue extended southerly and a line drawn parallel with the south line of Lasalle Avenue and 190 feet southerly therefrom as measured at right angles thereto; RUNNING THENCE: Northwesterly, along the south line of said Courier Cable Company, Inc. lands, and parallel with the south line of Lasalle Avenue, a distance of 191.17 feet to a point; RUNNING THENCE: Southwesterly, parallel with the southerly extension of the west line of Cordova Avenue, a distance of 324.06 feet to a point, RUNNING THENCE: Westerly, at an exterior angle of 116 °- 33' -39" with the last described line, a distance of 368.45 feet to the east line of lands formerly conveyed to Erie - Lackawanna Railroad, said point also being on the east line of Main - Lasalle Place, Ph. 1 Subdivision as shown on a map filed in the Erie County Clerk's Office under Map Cover No, 3051; RUNNING THENCE: The following five (5) courses and distances along the east line of said Main - Lasalle Place, Ph. 1 Subdivision: 1. Southerly, a distance of 1.50 feet to an angle point therein; 2. Southeasterly, a distance of 55.58 feet to an angle point therein; 3. Southeasterly, a distance of 51.05 feet to an angle point therein; 4. Southeasterly , a distance of 58.79 feet to an angle point therein; 5. Southwesterly, a distance of 78.00 feet to a point on the east line of William Price Parkway; RUNNING THENCE: Southeasterly, along the east line of William Price Parkway, a distance of 41.95 feet to a point of curvature; RUNNING THENCE: Easterly, along a curve to the left having a radius of 35.00 feet, a distance of 34.94 feet to a point of reverse curvature; 6. RUNNING THENCE: Easterly and southeasterly, along a curve to the right having a radius of 85.00 feet, a distance of 125.11 feet to a point on the north line of lands conveyed to the City of Buffalo by deed recorded in the Erie Count -- C-lerk's_ Office- in- Liber- 661- 3- of- Deed"t - - flage�43 - -- RUNNING THENCE: Easterly, along the north line of said City of Buffalo lands, a distance of 213.80 feet to a point; RUNNING THENCE: Northerly, at an interior angle of 90 °- 00' -00" with the last described line, a distance of 79.50 feet to a point on a curve; RUNNING THENCE: Northeasterly, along a curve to the left having a radius of 50.50 feet, a distance of 55.11 feet to a point of tangency; RUNNING THENCE: Northeasterly, parallel with the southerly extension of the west line of Cordova Avenue, a distance of 340.59 feet to a point; RUNNING THENCE: Southeasterly, at right angles to the last described line, a distance of 19.54 feet to a point on the southerly extension of the west line of Cordova Avenue; RUNNING THENCE: Northerly, at right angles to the last described line and along the southerly extension of the west line of Cordova Avenue, a distance of 68.26 feet to the POINT OR PLACE OF BEGINNING, containing 3.67 acres, be the same, more or less. SUBJECT to easements, rights -of -way and restrictions of record. BEING and intended to be a portion of lands conveyed to the City of Buffalo by deed recorded in the Erie County Clerk's Office in Liber 8352 of Deeds at Pages 479. This description remains subject to City's review and approval. 2 SCHEDULE E ENV IRONMENTAL RELEASE AND INDEMNITY This Release and Indemnity Agreement is given by LEGACY LASALLE LLC (hereinafter "Developer ") to the City of Buffalo ( "City ") as a condition of the delivery and acceptance of a Land Disposition Agreement and quitclaim deed from City to Developer of real property commonly.known as 71 NYL & W RR in Buffalo, New York (the "Property "). I. RELEASE PROVISION: Developer covenants and agrees at its sole cost and expense, to release and save harmless City and its officers, employees, directors, agents and representatives (collectively, "City ") from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and /or expenses, including without limitation, all attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Developer, individually or collectively, at any time resulting from or arising out of: (a) the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or underthe Property or migrating to parcels now or hereafter owned by Developer; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the remediation of the Property or parcels now or hereafter owned by Developer; (c) Developer's failure to promptly undertake and /or diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, clean -up and /or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off -site; (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of whatever kind from any condition on the Property resulting from Hazardous materials, or the ownership, use, operation, sale, transfer or conveyance thereof; 3 (e) a violation of any applicable state or federal statute or regulation with respect to any condition now or hereafter existing on the Property; M any _ inve stigation - prosecution; - enforcement, action, sui , request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New York State Department of Environmental Conservation ( "DEC ") or the U.S. Environmental Protection Agency ( "EPA "); (g) any and all costs in connection with any clean -up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of hazardous material off -site. The release of City hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (i) the release of Developer, the City or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; the invalidity or unenforceability of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the City or any other indemnitee (and or releasee) or any information which City or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property, except for any transfer of the Property (or any portion thereof) back to the City (and only if City opts affirmatively for re- vesting) under the terms of the Land Disposition Agreement, in which case Developer (and /or any of its permitted assignees or transferees) shall have no liability or obligation whatsoever to the City under this agreement; (vi) the release or discharge in whole or in part of Developer in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; M P (vii) any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Developer. Developer, and its representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross- claims, third -party claims, defenses, counter - claims or other types of claims) against Seller, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. II. REPRESENTATIONS AND WARRANTIES: City makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and /or migrating off the Property to any and all other locations off -site. City makes no representations or warranties as to any past, present or threatened non - compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. Ill. DEFINITIONS: As used in this Agreement, the following terms shall have the following meanings: "Hazardous substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifennels, petroleum and petroleum products, methane, hazardous materials, hazardous waste, hazardous or toxic substances and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et seq,; The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other �/k actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended an successor uccessor th Y ereto, and any re promulgated pursuant thereto and -- a - ny - state or local statutes; ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right- to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act, the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. "Release" with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. Release shall also have the same meaning as given to that term in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9801 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. "Remediation" includes but is not limited to any response, remedial, removal, or corrective action; any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance, any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. on 'Legal Action" means any claim, suit or proceeding, whether administrative or judicial in nature. "Loss -a-r— - osses" includes - any - losses, - damages costs, fames, expenses, claims, suits, judgments, awards, liabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy imposed by a governmental body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not, directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability imposed, or loss sustained by said governmental body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined by statute or regulation. IV. THESE PROVISIONS TO RUN WITH THE LAND All of the provisions contained in this Agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns. DEVELOPER 7 SCHEDULE REPLACEMENT TENNIS COURTS See Attached Tennis Courts to be built north of the basketball court parking area on what is currently lawn space as shown in red above. COMMUNICATION S TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: March 18, 2014 M D - EP kRTMENT: PXECUTIVE DIVISION: OFFICE OF S'T'RATEGIC PLANNING SUBJECT: Agreement between City of Buffalo and Erie Canal Harbor Development Corporation ( "ECHDC ") for ECHDC's Management of Canalside PRIOR COUNCIL REFERENCE: None The City of Buffalo is owner of certain real property commonly known as Canalside (the "Site "). ECHDC wishes to enter into a management agreement for the Site with the City. The City is willing to enter into a management agreement with ECHDC for the Site under substantially the terms and conditions as are set forth in the attached draft Agreement. The operations and marketing of the Site by ECHDC (as well as certain matters of maintenance to be performed by ECHDC) will result in a public benefit by lessening the burdens on City government and by allowing for a public /private partnership to facilitate the operations and promotion of the Site. The management of the Site by ECHDC will not inhibit the development of the Site by the City. The agreement consists of the following material terms: I. Initial term of ten years unless terminated sooner under any of the provisions set forth in the Agreement. 2. ECHDC shall pay the City annual installments of Twenty Five Thousand Dollars ($25,000). In addition to the annual rent, ECHDC shall provide the City with an annual financial report on the operations of the Site during the previous operating year. Both parties recognize the existing expenses associated with hosting Special Events and operating the Site. ECHDC will also remit to the City 10% of ECHDC's net operating surplus from the Site. ECHDC shall assume expenses currently incurred by the City (eg; garbage collection and disposal, snow removal, horticulture, capital plant maintenance, programming and events, dock operations, on -going improvements and additional improvements) Attached for your consideration is a copy of the draft Agreement. I am requesting that your Honorable Body authorize the Mayor or his designee to execute such Agreement on behalf of the City of Buffalo with Erie Canal Harbor Development Corporation containing the above referenced terms, with only such clarifications and modifications to non - material terms as are recommended and negotiated by the Office of Strategic Planning and Law Department in conjunction with finalizing the final form and substance of the Agreement. I am further requesting that your Honorable Body authorize my office and /or other City personnel to enter into such h �} S J agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final Agreement in its final form, Department Head Name: Brendan Mehaffy Title: E xecutive Director Office of Strategic Planning SIGNATURE OF DEPARTMENT HEAD: FERREf) TO HE' R� � , op'MiEaWT. ON Co���muiji -C MANAGEMENT AGREEMENT BETWEEN THE CITY OF BUFFALO AND ERIE CANAL HARBOR DEVELOPEMNT CORPORATION Dated March , 2024 THIS MANAGEMENT AGREEMENT (this "Agreement ") is made as of this _ day of 2014 (the "Effective _Date ") by and between THE CITY OF BUFFALO, a municipal corporation of the State of New York, having its offices at 65 Niagara Square, Buffalo, New York 14202 (the "City ") and the ERIE CANAL HARBOR DEVELOPMENT CORPORATION, a subsidiary of the New York State U_ ban - Development - Corporation- d /b /a- Empire -State - Development - (ESA, -- having its offices at 95 Perry Street, 5th Floor, Buffalo, New York 14202 (the "ECHDC ")(collectively, the "Parties "). WITNESSETH WHEREAS, the City is the owner of certain real approximately by Marine Drive, Main Street, the Buffjj��, more particularly described on Exhibit A annexed 61 the Naval Park grounds, museum buildings and iE WHEREAS ECHDC wishes to enter int� City, pursuant to the terms and conditions of thi' a management agreement for the SJsubject to t WHEREAS, the operations, may in a public benefit by lessening th public /private partnersh',- nd the WHEREAS, the of 1 not inhibit the cieve ent of t :its NOW, TH contain which as folio for located at Canalside, bounded id the Commercial Slip, and as e a part hereof but excluding mate "); and the Site with the ( to enter into of the Site by ECHDC will result - ment and by allowing for a promotion of the Site; and ie erms of this agreement shall aal promises, covenants and agreements iideration, the receipt and sufficiency of covenant and agree each with the other SECTION 1 gEMENT PROVISIONS 1.1 Mana eme f the S 1110 Upon and subject to the terms and conditions set forth herein, the City here usive Site management rights and responsibilities to ECHDC, except any legal obliga the City of Buffalo, and Buffalo Place, Inc. pursuant to the agreement between Buffa o Place, Inc. and the City of Buffalo. Each party hereby expressly covenants and agrees to observe and perform all of the obligations herein contained on its part to be observed and performed. 1.3 Term The Agreement shall commence on the Effective Date with an initial term of ten (10) years, unless terminated sooner for any of the reasons set forth within this Agreement. Prior the conclusion of the initial term, the parties shall make good faith efforts to mutually agree to edit terms and conditions included within this agreement and /or extend this Agreement for an additional term to be agreed upon. If such extension is not mutually agreed Page 1 of 23 to, this Agreement shall, unless sooner terminated, expire upon the conclusion of the initial ten (10) year term. 1.4 Use ECHDC shall operate the Site to use and maintain it as a public space and for all legal-uses-that-are ancillary thereto, including - but not limited tot a operation of concessions, including retail kiosks, that may sell food, beverages and /or merchandise, as well as for programming such as film screenings, concerts and other larger scale public events. Notwithstanding anything to the contrary herein, the Site is and will remain for all purposes a public space during the term of this Agreement, and shall be subject to City's police powers as provided in its ordinances, and the applicable statutes and tions. Both parties recognize that based on the Canalside Generic Environmental I g Statement (GEIS) and ECHDC's Affirmed Modified General Project Plan (MGPP), cer ' parcels (Exhibit C — ECHDC to provide clearly marked map labeled as Exhibit C) a I een .ed and approved for certain development activities. It is in the best inte f both pa to continue the goal of developing the parcels in accordance with th and MGPP. Durr a time period between the effective date and when the land parcel " sold, leased and /or .wise developed, the Site shall operate as public space as previous 1 , " erate nder no c stance shall the operation and management of the&01:1, public s trued as a de �' , ion of the site as park land. . 1.5 Concession A reements. �//yj/ (a) P t to this reeme HDC have the right to pursue opportunities to dev.- '' 'on (foo� d thin ie Si ' te, negotiate contracts with selected vend manag tracts ession and collect rent from vendors; enter into licenses, a ments, ` ntracts subcontracts with concessionaires, service Providers, vendors, and s le r opera maintenance, programming and supply of goods, f'` g an s; . " its " n concession when it is determined that contr with a art Oot adv ous (collectively, "General Concessions" or "Gene ncession Ag ents `�� , med nec ssary by ECHDC for the operation the Site and the imple , ation of its ramm , General Concessions must comply with all relevant City ordinan Each Gener ncessAgreement shall be subject to review by the City of Buffalo Directo eal Estate �. 'ch approval shall be granted, conditioned and or denied but with reasonable di :'on and ' II not be unreasonably be withheld, and will be submitted by the ECHDC to the Cit I prior to execution. Upon submission to the Director of Real Estate of a proposed Co , - n Agreement, this office shall have thirty (30) days to review with respect to fair market value and square footage. If after the thirty (30) day period there is no objection to the proposed Concession Agreement, it shall be deemed approved. (b) Revenue generated by ECHDC from General Concession Agreements shall be used for the operation, maintenance and improvement of the Site except for the rare occurrence when it is a joint event for the Aud Block and Canalside at which point revenue can be used for Canalside District and shall be reported as outlined in Section 2.1. 1.6 Site Closure The Site shall remain open and accessible to the Public subject to Page 2 of 23 the following: (a) a portion of the Site may be closed on a temporary basis for the safe and efficient completion of construction activity; (b) a portion of the Site may be closed on a temporary basis if required by insurance providers during construction and maintenance of the Site; and (c) a portion of the Site maybe restricted or closed for that period of time required for the conduct of a Program or other Special Event, incl1�''"" public programs and events, � � p P g meetings and other public functions. The City's Depart . " "R Public Works objection to the partial or full closure of the Site shall be binding upon %�F#b %9 all closures in this Section 1.6. The ECHDC shall notify the City's Department // obi %`; blic Worl< a / citing of the nature and extent of any planned closure or restriction o s soon as possind in no event less than ten (10) Days prior thereto. The City's Depart ent of Public Works' sl; 11 communicate an objection to the proposed closure as soon as posible afte( receipt of w'tten notice thereof from the ECHDC. %! %; %G %o N2 2.1 Base Rent. „ i i �`l< Ax 1 �/ Twenty Five Thousan04bbliars ($ (a) In addition 't he ann financial report, on the ON tion ECHDC��j`,yr ",j1�remit to to in annual installments of installmefj`#fECHDC shall provide the City with an annual fj� dixr� the previous operating year. Both parties rte/ ,,,,, late / ho� &tig Special Events and operating the Site. : DL - S - N, pOrating Surplus of the Site. ,... 2.2 Uti' »es. The City s 9 / (� jo provide whatever water, sewer, gas, electricity and �, other utilitie ,f ny, that are "c del +ivered to the Site without metering of use attributed to the Site alon( ollectively, t; . "Utilities"). ECHDC shall continue to pay the site electricity utility costs as curre,-tl. exists.HDC shall install meters for additional Utilities brought into the Site where ECHDC-1 r: that it is necessary and beneficial to the operation of the Site and Site programming this Agreement. ECHDC shall pay the cost of such meter installation and for the subsequent usage therefore. Subject in each case to the City's review, formal approval and or comment /acceptance /further conditions to the proposed terms and conditions of the proposed easement agreement and or license agreement, the. City agrees that it will consent to and will provide easements or license agreements that may be required to bring Utilities or to add Utility meters to the Site. ECHDC shall require the installation of individual meters and payment of Utilities measured thereby that are installed and used pursuant to a General Concession agreement between ECHDC and a Concessionaire. 2.3 Real Estate Taxes. No real property taxes are currently assessed against the Site and 6 Page 3 of 23 the Parties do not anticipate that entering into this Agreement will result in the assessment or imposition of real estate taxes or assessments during the Term of this Agreement. S ECTION-3 REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE PARTIES 3.1 Cit F Re oresentations, Warranties and Covenants. The City hereby represents, warrants and covenants the following: (a) The Agreement Property The City is the f��er of the Site, and has sole legal ownership thereof which it will retain during the term .tl %agreement. (b) The City represents that the Site subsurface of the property commonly knowna f i or other identifying materials to be attach' according to City records to describe the sift' managerial, maintenance and prorn��W onal role City through June 30 of 2015 a' ;j'purpo between Buffalo Place and the Count` ofl/t!""' f el y j / district established by the County t_egis'I id; 'ure nrha w h (c) The Ci % % / IA :e rt ypothecate ail or %a� pa / Agreement Term with out pro �j„ a coordinated transfer of 6" i °., . 0/ � %� % %j A , The o n//& p � �� rE procee JR. or investigat believed {�o!/ejst which: (i)'r Agreement or %h validity of a Agreement. � transfer jc tl /e Site t t in -CHDC WA / Z / 0", es onsibi sunder mean's the surface and immediate !�;,, /, nalside and ident#6d on the City's Tax Map p this Agreement [a`d:d' %detailed information i,Note B alo Place, Inj,does have some ni /% ' ,N )t ttte Site nder written ag' ment with the `i% jir , i rtedlyy �i and pursuant to an agreement ative tof.:establishment of a special charge ,such pro` jds go to fund Buffalo Place. ; ice% � e, nr�,r %assign, lease or otherwise i %ii0 u the subs Wof this Agreement during the :ritten notice in an effort to attempt to ensure %s as applicable r t at tlie , r� , �s . no substantially material lawsuit action p,l.ing, or thatened, nor any basis therefore known or tol concerns the Site; or ii // ( ") questions the validity of this ction o % ct taken or to be taken by the City pursuant to this (e) Subject j "O %ante with laws and the regulations applicable thereto, this Agreement is duly execut I the City, and is valid and legally binding upon the City and enforceable in accordance with its terms on the basis of laws presently in effect and the execution and delivery thereof shall not constitute a violation of any law or a default under or violate the terms of any indenture, agreement or other instrument to which the City is a party. All requisite actions have. been taken by the City and all requisite consents have been obtained in connection with entering into this Agreement. (f) The City will continue to provide all ordinary public municipal services to the Site, including, but not limited to police, fire, and ambulance at the City's sole cost and expense. The City will continue to exercise its police powers as otherwise applied in a public space and will be h !� J Page 4 of 23 solely responsible to enforce the laws of the City, State and Federal governments. The ECHDC will neither assume nor exercise any such police powers nor authority. The City shall be solely responsible for the enforcement of the ordinances, statutes and decisional law pertaining to public property and to the public's constitutional rights of assem and free speech. 3.2 ECHDC Re resentations Warranties and Covenants. The ECHDC hereby represents, warrants and covenants the following: (a) This Agreement and all agreements, provided to be executed or to be caused to be ex( executed and delivered by, and shall be binding and er with their respective terms, and ECHDC has the legal this Agreement and perform all of its obligations herw instruments and documents herein ute ECHDC are duly authorized, le against ECHDC in accordance wer and authority to enter into r. �. (b) ECHDC is a subsidiary of the me rk State Urba�� gel( d /b /a Empire State Development (ESD). E shall from time t I j generating events and activities for the pur �:� of defr ing the c operating and maintainin the Site to defray��" o ; �' he Addition p g g hereinafter provided. 1Oa -/ (c) ECHDC shall comply governmental authorities.r.,e -eardins operats, indepen detailed the Site; pment Corporation undertake revenue „and expenses of ments as ances, rules and regulations of to the City: of the second month following the close of /rall deliver to the City a report of the rnues received in such calendar quarter, Aents employed within the Site in any n 120 days after each operating year, the ECHDC shall submit ial report covering the preceding operating year (Canalside !fined as April 1 to March 31), prepared and certified by an ed public accountant, which shall include separate and of revenues, operating expenses and capital funds regarding (iii) a narrative statement of the programming and events planned by the ECHDC for the Site for the succeeding fiscal year with respect to the management and operation of the Site along with an estimate of the revenue for the succeeding fiscal year, a proposed operational budget and capital improvement budget; Page 5 of 23 (e) ECHDC shall be solely responsible for both heavy and lighter maintenance and repair of the Site in accordance with Section 4.1 hereof. (f) ECHDC will not discriminate against any employee of ECHDC or applicant for empl oyment because of race, color, religion, sex, or national _ origin -ECHDC_will -take — affirmativ action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including renticeship. ECHDC agrees to post in conspicuous places, available to employees and ants for employment, notices setting forth the provisions of this nondiscrimination nd any such notices provided by the City that are consistent therewith. ECHDC will i tations or advertisements for employees placed by or on behalf of ECHDC, s at all ''` 'fled applicants will receive color, consideration for employment without regard ° ,, religi x or national origin. (g) The ECHDC shall comply with i " ing goals set forth w ection 5 hereof. (h) ECHDC shall permit space and ECHDC may restrict acc( Section 1.6 hereof. (i) ECHDC Additionally, ECHDC use or operation o4 Agreements, shall be u agent Agree K ant laws and regulations. V ECHDC in connection with its nue from General Concession F an organization to act at ECHDC's as per the terms and conditions of this SECTION 4 AND ADDITIONAL IMPROVEMENTS 4.1 O erations. The cWW M ions and maintenance obligations contained in this Agreement shall commence upon the Effective Date and shall continue until the termination or expiration of this Agreement. (a) Operations Services ECHDC shall have the right and responsibility to undertake, at its sole cost and expense, and dedicate, in its sole discretion, an entity to act as ECHDC's agent to conduct the following Operations Services: (1) Sanitation and Site Maintenance: 9 and occupy t dOffite as a public ns thereof only in accordance with Page 6 of 23 i. Conduct daily sweeping and litter removal, as necessary throughout the public areas of Canalside, as identified in Attachment A. ii. Remove graffiti and stickers from public property throughout Canalside, as necess iii. Empty trash cans as needed throughout Canalside, and bringing bagged garbage to designated pick -up locations for removal by ECDDC at ECHDC's sole expense. ECHDC will need to hire a commercial waste disposal service. ECHDC shall submit a proposed central garbage location on the site nd schedule for pick up to the ' Cit s _ Y Commissioner of the Department of Pu • ' orks, Parks and Streets (the "Commissioner ") for the Commissioner's ; comment and approval. iv. Remove snow from sidewalks and, ma' n paths along Lloyd Street, Prime Street, Perry Street and Han reet (wI he Site) utilizing where pertinent proper equipment fo estone area sn .' earing in winter. V. Remove snow from the public, d Street, Prime Streetj�ry Street and Hanover Street vehicular right.of -� / vi. Regularly clean all st and site fury y hedule availab on request). vii. Regularly clean of pu oms, as w complete maintenance of and repairs to restrooms as �' es,� oi viii. Conduct Ohnevyand , light ante n stye d site furnishings as needed. ix. Rem ov debris aisib m t 'Commercial Slip and The City atrol Canals' my and co rive vehicular right -of -way. Buffalo Police Department, as directed and as nee' iii. Maint � ily : hat compile all actions taken and recorded by security officers, a . to the City upon request. iv. Complete weekly and quarterly reports summarizing daily logs and any significant incidents, available to the City upon request. The City shall; i. Provide Police and Fire services at Canalside consistent with the services provided prior to the Effective Date. V� Page 7 of 23 1f \ (3) Horticulture L Maintain all lawns in Canalside, including mowing, feeding, weeding, and all activities involved in keeping lawns attractive, healthy, and in good repair. ii. M aintain al l other plantings in Canalside, including watering,-planting of seasonal flowers, tree pruning, feeding, and all activities to keep plantings attractive, healthy, and in good repair. iii. ECHDC agrees to prohibit absolutely all chemical pesticide, as outlined in Article 18- 58; 9 of the City Charter, use at the site. The City and ECHDC shall coordinate on any n l " plantings regardless of who initiates ,! / / f %i• ( ) Capital Plant Maintenance ,,�/� •� , i. Maintain the capital plant in the /j p, �j� as of AIIII luding but not limited to, site lighting (including streetlight" he Central Wharf boacualk, bridges, f cobblestone streets, and furniture. %i„ / gigi vr/ ii. Maintain the sidewalks " ' destrian a '� A OE-,Re P �a,� alside. i The City shall; Continue to maintain evaluated at. "t Continue / aintain` Review Cag arl; >imnrrn year reement with this item being %ii.,, to ance`t��hsfer to Canalside r�cular! -of -way. m ECHDC, and work with ECHDC to is when appropriate. I .N ECHDC agrees to follow directives of the Buffalo Police / / /�,, ect atters including but not limited to street closures iotprinf nd or adjoining streets. Os of Canalside with hundreds of free activities for the public, educational programs, games, and performances. amming calendar to the City for coordination and marketing purposes. Evaluate and process all Special Events applications proposed to be held at Canalside; determine events' appropriateness to Canalside through a pre - evaluation process; once approved, work with event producer /sponsors to shape event; event producer submits the City Special Event Application accompanied with the ECHDC Letter of Support outlining the event details mutually agreed between ECHDC and event producer. Please see Attachment B — Canalside Special Event Permitting Process. ECHDC will work to ensure the Special Events held at Canalside are Page 8 of 23 0 iv. V. vi, Vii. M" appropriately coordinated on site and within the surrounding infrastructure. It is always ECHDC's intention to be inclusive of Special Events that are tied to the community. If an event is determined to not be appropriate for Ca n a lside , ECHDC shall provid the letter outlining the details as why and how the event is deemed inappropriate. Have all Special Event Applications submitted to the City for final review and approval based on public safety concerns accompanied with a Letter of Support. Attend Special Event Committee meetings for Events proposed to be held within the Site. Generate revenue from public and private costs in operating and maintaining Canalsi: supplemental services to special event I. ECHDC shall provide the City Spec / t activity at the ECHDC event applic , int determinations made by ECHDC with shall also have the abilit� equest and determinations if an eve of submi Special Events Office. The City sh i. Refer all review an ii. Not issue a n -site sul ontinue to is irements (� me ..- service to ECHDC for preliminary an accompanied Letter of Support from rly coordinated with City services and special events and have final say on infrastructure I s) and City services needed (such as emergency ion- site). (6) Canalside '/ Op ons i. Daily operati " bating docks at Canalside, including but not limited to, Staffing dock office, Assis ing with arriving and departing vessels, Collecting docking fees, Coordinating vendor agreements for waterside related activities, Seasonally removing and installing floating docks, Installing auxiliary dock for special waterside events, i.e. tall ship appearances; Cleaning of the water surrounding the floating docks and adjacent land and ensuring the water is clear of large debris, unsightly garbage, dead fish, flotsam, jetsam and all other floatables. ii. The docking rates shall be consistent as directed by the City of Buffalo Charter and . If ECHDC wishes to change the rates, the proposed change(s) shall be presented to Canalside to offset ECHDC's s the City's costs to provide verage). summary of event ents and • iaf Events Office /a )0 ions and I event application to the City Page 9 of 23 0 the City's Commissioner of Public Works for City's consideration no later than November 1st of the year prior to the year that the proposed change(s) would take effect. It is understood that only the Common Council can authorize dock rate changes. iii. Maintenance of floating docks including but not limited to structural components and utilities. ECHDC shall be responsible for removal and off - season storage of the floating docks as well as for placement of the floa /docks in the water in each Spring season to prepare for each Summer. For each of the foregoing services required of the provide timely and reasonable comments to the C services provided by ECHDC and ECHDC shall, to ' of the Operations Services in order to inch, to problems /undertake to prevent problems. �,,,,• (b) Ongoing Improve Agreement, ECHDC shall undertake Improvements include minor on -site replacements are with ' of like k necessary due to or ; ` nd tea determined by EC ' These�ecorr Improvements are no d.itional rnva 4.2 A the Ci ° for w installa or in Improve in accordant upon installatio each case to the a sole discretion. e City shall have the right to e nature and quality of the e, modify its performance co nts and /or to correct tn'. erations of the Site during this ovem on an as needed basis. Ongoing repairs replacements, provided such alter and improvements made op fnize the use of the Site as perty ' placed at the Site. Ongoing defined herein. v fr�� toq e, ECHDC may, in its discretion and with ke mat�:terations, additions, changes, replacements, al improvements (herein collectively called "Additional Anitional Improvements undertaken by ECHDC shall be :ity law ordinances, and permitting requirements and shall property of the City. Additional Improvements are subject in ity's Commissioner of the Department of Public Works in his (a) Approval of he Additional Improvements If the ECHDC determines that it wishes to construct Additional Improvements in the Site, it shall submit to the City, through the Mayor's Office of Strategic Planning, for review and approval a proposed work plan for the Additional Improvements. The City shall approve or reject the proposed additional work plan or provide any conditions, comments or requests for revisions to same within thirty (30) Days of receipt. If the Director requires revisions to the proposed additional work plan, the ECHDC shall make such revisions and then re- submit revisions to the City within twenty (20) Days of the ECHDC's receipt of the City's revisions. The City may condition its approval and or continue to request additional revisions in the manner provided above until such time as the Mayor's Office Page 10 of 23 V of Strategic Planning is satisfied with the additional work plan and willing to approve same. Once the City completes its review, it shall notify the ECHDC in writing of the City's acceptance of the final additional work plan (as approved by the City, the "Additional Work Plan ") ARTICLE 5 COMMUNITY INITIATIVES 5.1 E ual EM131 o ment O nn"flows;+11. ECHDC agrees Additional Improvements: Al during construction of the (a) ECHDC will not discriminate against m - � e of ECHDC or applicant for employment because of race, color, religion, sex, anal o///, j ECHDC will take affirmative action to ensure that applicants are empl and that a v ees are treated during employment, without regard to their race, ., , religion, sex, or nral origin. Such action shall include, but not be limited to, the fo`': ng: employment, u . ing, demotion, or transfer; recruitment or recruitment advertisin ��off ination; r of pay or other forms of compensation; and selec ' for training, = ,p rent! ceship 4 HDC agrees to post in conspicuous places, avails %/ ployees pplicants for employment, notices setting forth the provisions of this n ation cI I nd any such notices provided by the City that are consistent therewith. %i, Oil, (b) ECH behalf of ECHDC, s without regard to r subcontracrel such contract 5.2 Prevailing Wage ECHDC will require preva State Labor Law Section 220. 5.3 Living Wage fo''f employees placed by or on consideration for employment goals for qualified and certified minority in this Article shall be binding on all contractors and is done by any contractor or subcontractor, and any so provide. ough the Site is being operated by the City. for construction contracts in accordance with New York In accordance with the requirements of the Waterfront Statement of Principles with respect to Quality Jobs, Local Worker Opportunity, and Local Business Opportunities (the "Principles ") which was adopted by the ECHDC Board on July 11, 2013 ECHDC will require that any contractor /subcontractor retained by ECHDC or its manager of the premises, shall pay a living wage as defined by the ordinance of the City of Buffalo for non - seasonal employees ( "seasonal" Page 11 of 23 employees shall be considered employees working four (4) months or less) who engage in maintenance and /or operations activities at the Site. �.4 MWBE /MBE.�[k1j In a accordance with New York State Executive Law 15 - A, ECHDC shall implement a non - discrimination and affirmative action policy with regard to the Site, and require that the manager of the Site solicit Minority Business Enterprise ("MBE") and Women -Owned Business Enterprise ( "WBE ") participation for any contractual opportunities generated in connection with management of the Site. The manager of the Site sh: ` I ' - e required to use Good Faith ` Efforts to achieve an overall M /WBE Participation Goal i„ Yo related to the total value of ECHDC's funding. %% SECTION' U/0 ENVIRONMENTAL REPRESENTA,,j S AND lNDEMi irFlCATION 6.1 CI t Re resentation and Indemnification � r Environmental Conditions. tiions. To the best of °iii <:.i ✓��„ the City's knowledge, the Site dotes not currentCy /��c /�/ / any bazar our / / /r toxic waste materials in violation of any applicajj /wironmentalf " leanu r regulation. In ad�ition, the City is unaware of any pending environm �a1 "u sti ation � �i g p (as such term is used in applicable environmental laws) of Vie,. Si -1 �u. suant "Vel ,r to,y applicable federal or state environmental laws or regulations, norf /e sarr"en ordere % ith respect to the Site. The O, ,, City shall indemnify, and hodj,ECHDs��successs'�s and assigns, harmless ( "Indemnification ); I respecTo >all matterParrs 'g out c f Jn any way connected with an %rr ': / / / / /// % Y environmental con rt1'n occurris.,t. � g on or in'� e Site (including, without limitation, any underground tanks) wh'r %�(a) j�existenc j nor to the time at which ECHDC accepts �%,. possession jt " "' ..' #e, or pl ble to or omissions of the City, its employees, agents �eserrazr2- . S(ndemnifthe City shall extend to: i) relieving the ECHD '�� , ,any and all tion orrsponsibil'ry %to the the City for the remediation of such o,, deb y. environ "% rr e : 1 condition- dy. g n ECHDC and holding ECHDC harmless for personal /i.,... %i,. " '� %%i injury or pr jay damage ca, ` d by sr 'h; environmental condition. Such Indemnification by ; g % the City shall no prevent ECHDCA.from terminating this Agreement if, in ECHDC's sole opinion, ECHDC cannot ; /�,; p' ��m as c emplated by this Agreement due to the nature of the environmental con is j a dhe time required for its remediation by others. The Indemnification herein ' s � -ve the termination or expiration of this Agreement. 6.2 ECHDC Environmental Indemnification ECHDC shall indemnify, defend and hold the City harmless with respect to all claims arising out of or in any way connected with any environmental condition arising due to the acts or omissions of the ECHDC, its employees, agents, or representatives including its contractors, subcontractors, concessionaires, and vendors within the Site. This indemnity survives termination of this agreement. 6.3 Page 12 of 23 comprehensive general public liability insurance limits as may reasonably be required by the C' per occurrence and $2 million aggregate for policy with coverage of not less than $5 millionif 7.1, -. Requirements —ECHDC shall maintain at all times during the - term of this Agreement, insurance for the mutual benefit of the City and ECHDC as their interests may appear: (a) Loss or damage by fire, and such other risks as may be included in the standard form of extended coverage insurance from time to time available in amounts not less than 100% of the then full insurable value of the Site as s for the full value of the improvements on the Site; (b) All claims for bodily injury, death (c) workers compensat statutorily may be required under; Additionally, ECHDC shall require its the scope of the cont ark contractors, service, a cc City in writing (und j tandard be required to provide ral li j additional 1 /; exce i disability Y h 'nsura arr of Sit. °� ated acti Exec require ' ,s in individu ums SECTION 7 INSURANCE it not less than loyees of ECHDC. or as acto'n aintair r'ider's Risk insurance covering b. 'any co ion d within the Site. Further, o% !ss - fair I •, wired to directly indemnify the ess pity/ins u ice type of agreement) and shall :ity a ditional insured), automobile liability (City as �Ila c ge, workers compensation coverage and H itted in New York State) during all times ect the authority to reasonably alter the in his sole discretion. 7.2. Evid ' Insurance HDC Mil furnish the City with satisfactor y proof that it has obtained all a P" le insura as described in this section from insurance companies or underwriters reaso satisf ry to the City. ECHDC shall furnish to the City certificates ertificates of the preceding types o - 'showing the type, amount, and class of operations insured and the effective and ex n dates of the policies. The certificates shall be submitted prior to the date ECHDC enters onto the Site and ECHDC shall not be entitled to enter onto the Site or to exercise any other rights hereunder until the certificate has been received and verified. ECHDC shall, on an annual basis, provide the City with proof that the aforesaid insurance policies are being maintained. Any loss or damage by fire, and such other risks as may be included in the standard form of extended coverage insurance will be payable to the Partnership and the proceeds shall be applied solely to the restoration of the Site. 7,3 Restrictions All insurance provided for under this Agreement will be reasonably effected under valid enforceable policies issued by insurers rated "A" or better by A.M. Best Page 13 of 23 0 damage, under policies of ability insurance, with such not less than $1 million ri' ss "umbrella" liabilit Oft time to time; such policy, plus a - 1 � U and reasonably acceptable to the City. Upon the execution of this Agreement, certificates evidencing the existence of insurance policies procured by ECHDC pursuant to Section 7.1 will be delivered to the City. At least 30 Days prior to the expiration date of any policy, the certificates evidencing the renewal of the policy for such insurance will be delivered by the ECHDC to th e City as_aforesaid, together with satisfactory evidence - of - payment of`the premium thereon. All policies referred to herein will, to the extent then generally obtainable, contain agreements by the insurers that (a) any foss will be payable to the City, notwithstanding any act or negligence of the ECHDC which might otherwise result in forfeiture of said insurance, (b) such policies may not be canceled except upon 30 Days prior written notice to each named insured and loss payee, and (c) the coverage afforded th # m ust not be affected by the performance of any work in or about the Site. 7.4 City as Additional insured All policies of be provided by insurance companies admitted i named insured and shall name the City, the Authority, and Buffalo Place, Inc. as addition i to damage or destruction of Site facilities (regardless of to whom paid) shall applied to tl the damaged Site facilities and Prof roVempi 7.5 Additional insurance insurance of the kind an or policies which ca c such policy of insur prov shall furnish the City w the amount of the total not be I '� wwo! '"�� mou clause�� flt in respec the full i becoming a e Site cove': l . i. ble value o F11 W,.P/J,urer of any from ECHDC herein shall shall name ECHDC as the �Oprtation, Buffalo Sewer jny loss payable due �:. t Improvements ,place :. t and repair of tnis °� j n shall °3 ent the ECHDC from obtaining d wit anies r a blanket insurance policy t ' -as V-11! . ite; Wrovided, however, that any er'° 1mu` �} specify therein, or the ECHDC nent the insurers under such policies specifying, ed to Project and /or the Site, which amount will �,� %. do to be carried, and (b) not contain any r being required to carry insurance with �� Y amoun equal to a minimum specified percentage of order to prevent the insured therein named from iter under such policy. 7.6 Subro a�11 insu Mile policies obtained pursuant to this section must include waivers of subrogatio�a,,,,, //, SECTION 8 LOSS ON THE SITE 8.1 Damage ECHDC shall give prompt notice to the City in case of any damage to the Site by fire or other casualty. If the Site or any part thereof shall be damaged by fire or other casualty to any extent, and either the loss shall not be covered by insurance or the net insurance proceeds (after deducting all expenses in connection with obtaining same) shall, by reasonable anticipation, be insufficient to pay for the repair or restoration work, then in any such event (i) ECHDC may repair such damage or destruction at its own cost and expense upon written notice to Page 14 of 23 the City; or (ii) ECHDC may terminate this Agreement by notice given within sixty (60) Days after such event, and upon the date specified in such notice, which shall be not less than thirty (30) Days nor more than sixty (60) Days after the giving of said notice, this Agreement shall terminate, in which case all insurance proceeds shall immediately be turned over to the City and ECHDC SW -- sig — consents - or other documents - necessary - to effectuate such transfer. If Agreement shall not be terminated after damage by fire or other casualty, ECHDC shall, promptly after receipt of the insurance proceeds for such damage or as soon as practicable in the event that insurance proceeds shall not be available, proceed with the restoration of the Site to substantially the condition in which the same existed prior to the damage. AMOU 8.2 Condemnation If the whole or any part of the1j- shall be taken by any public or quasi - public authority under the power of condemnati ; ! .��'; > ent domain or expropriation, or INO W . in the event of conveyance of the whole of the Site in% ieu th+;:of, then in any such event: (i) ECHDC may elect to continue under this Agree men rrr the event'ok' partial taking upon written 2 notice to the City; or (ii) ECHDC may terminate jis Agreement by Qbe given within sixty (60) Days after such event, and upon the date sp "Ted in such notice, whi /% j all be not less than o,% , thirty (30) Days nor more than forty -five (45) DaM ter the i ng of said iigl,e, this Agreement shall terminate. All awards and com, %cation for ar conveyance s�labe property of the City. INATI / /%% -M „ G r . .1� Events of DefMCh Any once more hereunder: / MENT following shall constitute an Event of Default ure o " / / '% %iCHD" o °r.the Cit ° 'tdi�a °` ai serve and /or perform any material covenant, iii /// ji y conditiofy� /��epresentatid .1; rranQ j/. agreement hereunder, and continuance of such failure for a periothirty (30) Da; after <r ipt by the defaulting party of written notice from the �g,, non- defauiting15p rty specifyirs!o�he natuf ' of of such failure and requesting that such failure be remedied; provi however , %% or a g i� he breach of any such covenant condition reement is one which cannot , pmplet medied within the thirty (30) Days after such written notice has been given, it shaf " of b Event of Default as long as the defaulting party is proceeding with due diligence to rem a same as soon as practicable but in no event later than ninety (90) Days after such written notice, unless such 90 Day period is tolled by factors, such as Force Majeure, that prevent performance of the remedy; (b) ECHDC shall default in or violate its obligations with respect to the development and construction of the Additional Improvements in accordance with this Agreement or shall abandon or substantially suspend construction work on improvements outlined in Section 4(unless such suspension arises out of the occurrence of a Force Majeure event) and any such default, violation, abandonment or suspension shall not be cured, ended, or remedied within thirty (30) Days after written demand by the City to do so; provided, however, if the breach of Page 15 of 23 any such covenant, condition or agreement is one which cannot be completely remedied within the thirty (30) Days after such written notice has been given, it shall not be an Event of Default as long as the defaulting party is proceeding with due diligence to remedy the same as soon as practicable but in no event later than ninety (90) Days after such wr itten notice, unless such 90 Day- period- is -tol led by factors; such as Force Majeure, that prevent performance of the remedy; (c) The ECHDC transfers or assigns its rights in this Agreement or in the Site to another entity in violation of the provisions of this Agreement; and 9.2 Remedies U on Occurrence of Event of Maul. • enever any Event of Default of ECHDC or Ci shall have occurred and be continuin , any applicable cure period, the other party may terminate this Agreement whic bA sole and exclusive remedy, subject to survival of the indemnity from ECHDC, ''e City cont in this Agreement. 9.3 Successors and Assigns. ECHDC agr ;. it shall not rights or obligations under this Agreement encumbrances against this Agreem or allow of Site without the prior written cons e City wh withheld in the sole discretion of - x e Dire Notwithstanding the foregoing, ECHD al ' ri Agreements by following �rocedures�f' .same 9.4 Surrender Agreement, ECHDC s ECHDC's proper# there placed a ' ��" e purch y ECHD same h been installs upon bet g both Mari transfer any of its %otherwise allow any interest''tsoever in the t shall be conditioned, given or Office of Strategic Planning r Rnter into General Concession this Agreement. ti % , or a "�"'�iany earlier termination of this en the Site to the City; and (ii) remove all of litio ,,nprovements (Section 4.2) and other items U, Cif%All Fixtures, Furnishings and Equipment �vement shall remain the property of ECHDC on which event the items belong to the City agreed rwise expressly provided in this Agreement). (b) I'; DC remain � possession of the Site after the Expiration Date, ECHDC shall be deemed #o be ing th . e at the sufferance of the City subject to all of the provisions of this Agreement. SECTION 10 INDEMNIFICATION 10.1 Indemnification With the exception of environmental claims which shall be governed by the provisions of Section 6 of this Agreement, the ECHDC agrees to defend, indemnify and hold harmless the City against, and ECHDC shall pay any and all liability, loss, costs, damage, claims, judgments and or expenses of any and all kinds or nature and however arising, imposed by law or otherwise asserted, which the City may sustain, be subject to or be caused to incur by Page 16 of 23 reason of any claim, suit or action based upon personal injury, death, and or damage to property, whether real, personal or mixed, relating to ECHDC's activities at the Site, including but not limited to all liabilities arising from public use of the Site, all liabilities arising from events held and or scheduled at the Site as well as all liabilities arising from and or related to the construction of Additional Improvements or Ongoing Improvements -and any work relating to soundings, test borings, conducting investigations, surveys, engineering, or architectural studies or tests or design, or preparing for same, or based upon or arising out of contracts entered into by ECHDC which relate to the construction of Additional Improvements and Ongoing Improvements including but not limited to any and all claims by workmen, employees and agents of the ECHDC, its contractors and subcontractOongoing unrelated third parties, which claims arise from construction of Additional Improve or Improvements, or any other activities of ECHDC within the Site. S MISCEMANEOUS 11.1 Broker's Warranty The Par s warrant th �t with no bra ith respect to this Agreement. The party who < s this wa shall defend, hol harmless, and indemnify the nonbreaching party fr " "' ' " ," � s or liab -.; prising from the breach. 11.2 Notices All n certified mail, postagf in 0 w and sent by registered or be added To ECHDC: Erie Canat �.' r Development Corporation Attn: Thomas , Dee, President 95 Perry Street, 5 Floor Buffalo, New York 14203 With copies to: Empire State Development Attn: General Counsel 633 Third Avenue, 37 Floor New York, New York 10017 Page 17 of 23 6� Either party may change these persons or addresses by giving notice as provided above. Notice shall be considered given and received on the latest original delivery or attempted delivery date as indicated on the postage receipt(s) of all persons and addresses to which notice is to be given. 11.3 Partial Invalidity If any Agreement provision is invalid or unenforceable to any extent, then that provision and the remainder of this Agreement shall continue in effect and be enforceable to the fullest extent permitted by law. , 1.4 Waiver The failure of either party to exercise any of i � hts is not a waiver of those rights. A party waives only those rights specified in writi: n signed by the party waiving its rights. 11.5 Governing Law; Jurisdiction and Venue his Agree e1 hall be governed by and / ° /%'o, construed and enforced pursuant to the laves ;�e State of New �0f , without regard to its IFF/ conflict of laws principles. Notwithstandingfi� Bove, the Parties mapon mutual written consent, pursue alternate dispute resolution (%5�7h as Lion or bin `., g arbitration) to attempt to resolve any issues or dj utes arising fret .� / eernent. New York. Ve' :all be Buffalo, // i�� f 11.6 Rec ording . At the request of ei art <. ,p Y /M at the cost of the requ s is ,party, a sh8 form this Agreement's Ter ; t,. E . - e Date a ; "k xp agree to include. lAreeme Exhi bits . ,Any and � / / xh g n; �ference 11.8 and that no Of Pa'r " °s. Each / /// /, the persone�ning ;,,signatures af0,'/ Vol as 1 O ' II promptly execute and record, j ndu Abscribing the Site and stating gp � t rier information the parties Agreement are hereby made a part of this rty warrants that it is authorized to enter into the behalf is duly authorized to execute the Agreement, 111.9031 One hundre twent: 1Z0) days prior to any extension or termination of ECHDC's ' / /e�.; ru ./ contract with Global /l HDC shall notify the City of Buffalo of its intent to extend the contract with Global Spej,or issue a new request for proposals for management services at the site. Within 30 days of receiving notice from ECHDC, the City of Buffalo will inform ECHDC of any intent to renegotiate terms of this agreement. ECHDC and the City shall review the expenses and revenues associated with this Agreement and negotiate an increase or decrease (if any) in the Annual Payment. The review (hereinafter "Review ") shall consider, among other factors, additional capital improvements made by ECHDC, increases or decreases in personnel and operating costs of the site, change in costs due Page 18 of 23 I - / to development of site, increases or decreases in event and concessions revenues and the fiscal impact of changes in laws regulations relating to the operation of the site, if any. During each Review, the City Comptroller, or other fiscal officer as may be designated by the City, shall have the righ to audit the finances of the ECHDC for the- purpose- of-calcuiating-the appropriate adjustment. Such audit shall be at the sole cost and expense of the City. In addition to any fiscal impact, the Review may consider the equitable access of various organizations to the site and suggest improvements, if any, with the process for permitting organizations to use the site. /. If an amendment with desired adjustments to this days of ECHDC notifying the City, unless ECHDC an to remedy the proposed amendment, the City a the Agreement. At all times, the City and the to arrive at an appropriate adjustment. 11.10 Entire Agreement This Ag agreement between the Parties writing signed and duly authorized by iibits hereto, contains the entire ent shall be modified only by a NTIONALLY LEFT BLANK [SIGNATURES TO FOLLOW] 'r "' - not agreed upon within 120 e City roceeding with due diligence IDC shall h he ability to terminate shall make a cri ted, good faith effort Page 19 of 23 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be properly executed as of the date first written above. CITY OF BUFFALO APPROVED TO FORM By: , Mayor Nam( Title: Page 20 of 23 WITNESS ERIE CANAL HARBOR DEVELOPMENT CORPORATION By: Thomas P Presidenig Page 21 of 23 i rn MANAGED PREMISES (THE "S EXHIBIT A Page 22 of 23 FA °ll 4 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 3, 2014 FROM: DEPARTMENT: STRATEGIC PLANNING DIVISION CITY OF BUFFALO URBAN RENEWAL AGENCY SUBJECT: DISPOSITION OF REAL PROPERTY 615 -623 MAIN STREET DOWNTOWN ENTERTAINMENT DISTRICT PHASE I URBAN RENEWAL AREA PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xx /xx/xx TEXT: TYPE SINGLE SPACE BELOW Your Honorable Body is requested to approve the sale of 61.5 -623 Main Street, Buffalo New York (Real Property) by the City of Buffalo Urban Renewal Agency (BURA) to Sinatra & Company Real Estate LLC (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property. The Real Property is currently located in the Downtown Entertainment District Phase I Urban Renewal Area. The BURA Board approved the sale of the Real Property to the Purchaser at its meeting of February 13, 2014. The proposed disposition involves the negotiated sale of the Real Property, also 1 as the Market Arcade Complex. The Real Property is presently used for leased space for commercial tenants and consists of a three, one to four story and masonry row type building in the downtown commercial corridor. The Real Property which consists of approximately 56,194 sq.ft. of net rentable area, was constructed in the Iate I 800 and renovated several times, the last being in the late 1980s through an economic development project that involved the 600 block of Main Street. BURA intends to enter into a real estate sales agreement with the Purchaser for $1.4 million. The Purchaser is a commercial and residential developer in the Western and Upper New York State area. The Purchaser intends to relocate its national headquarters to the Real Property including approximately twenty seven (27) employees. The Purchaser will seep to secure the current tenants in Iong term Iease and perform interior and exterior capital improvements. The Real Property was determined to be a contributing building to the Theatre Historic Preservation District. All future exterior alterations and modifications to the Real Property, including signage, must be reviewed and approved by the Buffalo Preservation Board and, as necessary, by the New York State Office of Parks, Recreation and Historic Preservation. The Office of Str ategic Planning requests that Your Honorable Approve the disposition of the Real Property by BURA to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property for the sale price of $1.4 million and authorize the BURA Vice Chair to execute any and all necessary documents to effectuate the transfer of Real Property to the Purchaser, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and 2. Authorize pertinent BURA personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the sale of the Real Property. Further, please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: I. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer of title from t1- City of Buffalo Urban Renewal Agency to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the Real Property to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property. REFERRED TO THE COMMITTEE ON TYPE DEPARTMENT HEAD NAME: BRENDAN R. MEHAFFY TYPE TITLE: Executive Director Q q # 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 5, 2014 FROM: DEPARTMENT: STRATEGIC PLANNING DIVISION CITY OF BUFFALO URBAN RENEWAL AGENCY SUBJECT: DISPOSITION OF REAL PROPERTY SYCAMORE VILLAGE — PHASE III 20,26,30,36,40,46 MATTHEWS 628 JEFFERSON, 41 SYDNI AND 397,435 SYCAMORE PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item Na. xxx C.0 P xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body is requested to grant authority for the City ofBuffalo Urban Renewal Agency (BURR) to enter into a Land Disposition Agreement (LDA) with Burke Homes, LLC (Purchaser) or an affiliated entity formed or to be formed to hold title to the above subject ten (10) vacant parcels (Real Property) located in the Sycamore Village Subdivision as shown on the attached map. The BURA Board approved the sale of the Real Property to the Purchaser at its meeting of February 27, 2014. The Purchaser proposes to construct up to ten (10) market rate residential single family homes on the remaining vacant parcels located in the Sycamore Village Subdivision. The newly constructed homes will fit within the character and design of the existing homes in Sycamore Village. The final designs will be subject to approval by the BURA Vice Chair in consultation with the BURA Architect. The purchase price will be $20,000.00 per vacant lot and will be transferred to the Purchaser as individual lots are ready for construction commencement. The conveyance of all parcels wiI1 be complete within twelve (12) months of execution of the LDA, with an extension of an additional six (6) months by mutual agreement of the parties. The Office of Strategic Planning requests that Your Honorable Body: Approve the disposition of the Real Property by BURA to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property for the sale price of $20,000.00 per vacant lot and authorize the BURA Vice Chair to execute a Land Disposition Agreement any and all necessary documents to effectuate the transfer of Real Property to the Il e , Purchaser, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and 2. Authorize pertinent BURA persormel to take such steps and actions and to execut such documents and agreements as shall be- necessary - to - impleme 7t and facilitate the sale of the Real Property. Further, please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the Iiberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer of title from the City of Buffalo Urban Renewal Agency to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property. After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the Real Property to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property, REFERRED TO THE COMMITTEE ON TYPE DEPARTMENT HEAD NAME: BRENDAN R. MEHAFFY TYPE TITLE: Executive Director SIGNATURE OF DEPARTMENT HEAD: ti 6 Q k -- REFERRED TOT HE COMMITTEE ON COMMUNITY DEZVEL P U ENT. 0 0 5 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 4, 2014 FROM: DEPA RTMENT: Office of Strategic Planning_ DIVISION: Real Estate SUBJECT: Report of Sale 500 Busti, South Side 133.50' Southeast of Jersey. Lot Size: 30'x 132' Assessed Valuation: $2,900 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Damaris Medina of 502 Busti Avenue, Buffalo, New York 14201 to purchase 500 Avenue, Mr. Medina owns and resides at 502 Busti Avenue, which is adjacent to the city owned vacant lot at 500 Busti Avenue. Damaris Medina would like to purchase the lot at 500 Busti Avenue for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty -Five Cents ($.75) to One Dollar and Fifty Cents ($1.51) per square foot, Mr. Medina has agreed and is prepared to pay Two Thousand Nine Hundred Dollars ($2,900), Seventy -Five Cents ($35) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 500 Busti Avenue in the amount of Two Thousand Nine Hundred Dollars ($2,900) to Damaris Medina. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING CRN: pig C:inrem /privatesale /report of sale 500 Bust! Vacant Lot Market Analysis i REFERRED TO THE COMABIWEE 0 0 "53G? � #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 10, 2014 FR -OM DEPARTMENT DIVISION Office of Strategic Planning Real Estate SUBJECT: Report of Sale 373 Carlton -- Vacant Lot South Side 77.25' West of Beech Lot Size: 25' x 90' Assessed Valuation: $1,300 381 Carlton — Vacant Lot South Side West Corner of Beech Lot Size: 25'x 104' (Ellicott District) The Office.of Strategic Planning, Division of Real Estate has received a request from Mr. Muthana Fand Salem to purchase 373 and 381 Carlton Street. Mr. Salem owns and resides at 375 Carlton, which is adjacent to both vacant lots at 373 and 381 Carlton Street. He intends to use the vacant lots for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty -Seven Cents ($.47) to Eighty Cents ($.80) per square foot. Mr. Salem has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200) for the vacant lot at 373 Carlton and One Thousand Four Hundred Dollars ($1,400) for the vacant lot at 381 Carlton, Fifty -Five cents (.55) per sq. ft. He has also agreed to pay for the cost of the transfer tax and recording fees. i am recommending that Your Honorable Body approve the sale of 373 and 381 Carlton in the amount of Two Thousand Six Hundred Dollars ($2,600) to Mr. Muthana Fand Salem. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRiSTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OFSTRATEGIC PLANNING j li CRN:plg C:inrem /privatesalel373 and 381 Carlton Reportoi�—rmFLF- ' _ fig Tf. 'T ' COMMITTEEr� 0 fil #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 24, 2014 FROM: DE PARTMENT. Office of Strategic Planning - DIVISION: Real Estate SUBJECT: Report of Sale 574 Fargo South Side 60' Southeast of School Lot Size: 30' x 110' Assessed Valuation: $4,300 AN)\ ZN (IG'District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jeffrey Betsch residing at 738 Niagara Street, Buffalo, New York 14213 to purchase the vacant lot at 574 Fargo, Mr. Betsch owns the multiple dwelling at 570 Fargo and the two family dwelling at 576 Fargo, which are both adjacent to the city owned vacant lot at 574 Mr. Betsch intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy -Five. Cents ($75) to One Dollar and Fifty -One Cents ($1,51) per square foot. Mr. Betsch has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500), One Dollar and Seven Cents ($1.07) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 574 Fargo Avenue in the amount of Three Thousand Five Hundred Dollars ($3,500) to Jeffrey Betsch. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME TITLE: CRN:plg C:inrem1privatesale /574 Fargo Report of Sale CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE EFERRE T THE COMMITTEE 0 � e 35 �r � -) #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 11, 2014 F ROM: DEPARTMENT: DIVISION: Office of Strategic Planning - -- -- Real Estate SUBJECT: Report of Sale 321 Hickory — Vacant Lot East Side 184.50' South Broadway Lot Size: 152'x 122' Assessed Valuation: $9,200 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Paul Tandy Nicely, on behalf of Hickory Sanctuary, LLC, 443 Massachusetts Avenue, Buffalo, New York 14213 to purchase 321 Hickory Street. Mr. Nicely the sole member of Hickory Sanctuary, LLC and - fie intends to convert the building he owns at 277 Hickory into two loft apartments on the second floor and maintain the 1st floor as a garage. Mr. Nicely intends to use one of the loft apartments for his primary residence and the other loft will be utilized by his daughter for her residence. Mr. Nicely on behalf of Hickory Sanctuary, LLC would like to purchase the city owned vacant lot at 321 Hickory, which is adjacent to 277 Hickory for much needed green space. He intends to improve the rubble covered vacant lot by planting a garden and some trees. Mr. Nicely has providing sufficient proof of financial ability to complete the purchase and renovations for the entire project. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar and Eight Cents ($1.08) per square foot. Mr. Nicely on behalf of Hickory Sanctuary, LLC has agreed and is prepared to pay Nine Thousand Two Hundred Dollars ($9,200), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 321 Hickory in the amount of Nine Thousand Two Hundred Dollars ($9,200) to Hickory Sanctuary, LLC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING R EFERRED TO., THE COMMI ON C00 MUNITY DrEVELOPRADIT, �b , CRN:pIg ' 0053 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 24, 2014 FR D EPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale Portion of 837 Prospect, 176.50 NW of Massachusetts Lot Size: 41'x 165 Exclude 43'x 55 in NW Corner (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Nadia Pizarro to purchase a portion of 837 Prospect Avenue. Ms. Pizarro owns and resides at 833 Prospect Avenue, which is adjacent to 837 Prospect. She would like to purchase a portion of 837 Prospect Avenue for additional yard space. -- The Office of Strategic Planning Land Use Planning Committee, Division of Permit and - - - Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar and Fifty -One Cents ($1.51) per square foot. Ms. Pizzaro has maintained this city owned vacant lot for more than ten (10) years. She has agreed and is prepared to pay Four Thousand One Dollars ($4,100), Sixty Cents ($.60) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of a portion of 837 Prospect (41'x 165 excluding a piece 43'x 55) in the amount of Four Thousand One Hundred Dollars ($4,100) to Nadia Pizarro. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING CRN: plg C:inrem /privatesale /837 Prospect Portion Report of Sale REPEPRED TO THE COMMITTEE 3 a,yu � ZJ S #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 24, 2014 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 891 Smith, 239.74 North of William Lot Size: 30'x 108' Assessed Valuation: $1,700 893 Smith, 269.74' North of William Lot Size: 30 x 108' Assessed Valuation: $1,700 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Edward Lefevre to purchase 891 & 893 Smith Street, Mr. Lefevre owns and resides at 903 Smith Street. He would like to purchase 891 and 893 Smith for additional green space. Mr. Lefevre is in the process of homesteading 897 Smith, which is adjacent to his home. The vacant lot Mr. Lefevre is homesteading at 897 Smith is adjacent to 891 & 893 Smith, The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy -Five Cents ($75) per square foot. Mr. Lefevre has agreed and is prepared to pay Three Thousand Two Hundred Dollars ($3,200), Fifty Cents ($.50) per square foot for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 891 & 893 Smith Street in the amount of Three Thousand Two Hundred Dollars ($3,200) to Edward Lefevre. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF �rT,RATEGIC PLANNING CRN:pIg -. C:inremlprivatesale /891 & 893 Smith Report of Sale ` ON C-014MUMTY 0�p, �d S„b s ` t M 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL T-O THE COMMON COUNCIL: DATE: March 11, 2014 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 240 Timon, West Side 177.25' South of Northampton Lot Size: 30 x 130 Land: $ 2,000 Improvement: $17,500 Total Assessed Valuation: $ 1,500 Ellicott District The Office of Strategic Planning, Division of Real Estate, has received a request from Joan A. Coleman residing at 1072 Ellicott Street, Buffalo, New York 14209 to purchase 240 Timon. Ms. Coleman intends to renovate this multiple to renovate and reside with her family. The subject property consist of 3 units (a 3 bedroom, 2 bedroom and 1 bedroom unit) consisting of approximately 1,880 square feet. The property was acquired by the City through In -Rem #41 in October 2007. Ms. Coleman has estimated the cost of renovations to be Two Thousand One Hundred Ninety -Five Dollars ($2,195), which was reviewed and approved by the Division of Real Estate. They have provided sufficient proof of financial ability to complete the purchase and renovations of said property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the safe. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. G.A.R. Associates estimated the value of the property to be Three Thousand Dollars ($3,000). The appraisal was submitted to the Appraisal Review Board and they have recommended the value established by the Appraiser. Joan A. Coleman has agreed and is prepared to pay Three Thousand Dollars ($3,000) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. March 11, 2014 RE: Report of Sale 240 Timon Page 2 I am recommending that Your Honorable Body approve the sale of 240 Timon to Joan A. Coleman in the amount of Three Thousand Dollars ($3,000.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same Christie R Office of,� CRN: pig C /mydocuments /inrem /privsal/ 240 Timon Report of Sale Director of Real Estate Planning . r -• 9 EF R... r.:. s 9 kh i 4 £ .426 Q28 G30 a8C 434 A86 q38°"°•' "• 44P 40 V H70 47 ---r NORTHAMPTON 0 , p f 4F94P5 4F9 , 33 435 f39 "s 445 �n � A Q Z LLI a. W . 1 411 �Y to A 9 y' KINGSL EY V F.9 73 77 Ri x4 R9 9! n I L 11 AR is ° ei i �..s / / a , I D . / a : D D D. D D D D D . 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UJ 1JA q. e n Y A 71 OH Z � � � u e you rnarnrrHr ae,eoax M P mvvnxr,,mc #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 10, 2014 F ROM: D EPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 488 East Utica — Two Family Dwelling South Side 53.02' East of Wohlers Lot Size: 30' x 142' Assessed Valuation: Land $ 2,100 Improvement $25,840 Total: $27,900 (���D;s ict) The Office of Strategic Planning, Division of Real Estate has received a request from MD Jalal Uddin and Mosammat J. Khan, 93 -07 104 Street, Apt, 1, Richmond Hill, New York 11418 to purchase 485 East Utica Street. They intend to renovate the two family dwelling for their personal residence. They have estimated the cost of renovations to be Twenty -Eight Thousand Dollars ($28,000), which has been reviewed by the Division of Real Estate. Mr. Uddin and Mr. Khan have provided proof of financial ability to complete the purchase and repair of the property. The property at 485 East Utica consists of 2,364 square feet, two and one half story, two family dwelling in poor condition situated on a lot 30'x 142'. The property was acquired by the City through In Rem #43, in October 2009. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market of 485 East Utica. The Fair Market Value was estimated to be Three Thousand Dollars ($3,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. MD Jalal Uddin and Mosammat J. Khan have agreed and are prepared to pay Three Thousand Dollars ($3,000) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 485 East Utica to MD Jalal Uddin and Mosammat J. Khan for the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CHRISTIE R-; DIRECTOR OF REAL ESTATE OFFICE OF STRATEGICPLANNIN , � CAN COMMUJi I Y D4, ELOP \IJ #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 10, 2014 - FROM: ------ DEPARTMENT - Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 79 Walden -Two Family Dwelling South Side 30' East of Sweet Lot Size: 32'x 105' Assessed Valuation: Land $ 1,600. Improvement $1,000. Total: $ 2,600. (E4 iratt District) ' - P (--L The Office of Strategic Planning, Division of Real Estate has received a request from Fatima & Saleem Yousuf on behalf of FAMACO INC., 924 Sycamore Street, Buffalo, New York 14212 to purchase 79 Walden Avenue. FAMACO Inc. will renovate this two family dwelling for use as an income property. They have estimated the cost of renovations to be Twenty Three Thousand Eight Hundred Dollars ($23,800) which has been reviewed by the Division of Real Estate. FAMACO Inc. has provided proof of financial ability to complete the purchase and repair of the property. The property at 79 Walden consists of 2,528 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 32'x 105'. The property was acquired by the City through In Rem #41, in October 2007. There have been no other qualified/eligible offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. A market analysis performed by the Division of Real Estate and determined the value to be Two Thousand Six Hundred Dollars ($2,600). Saleem Yousuf on behalf of FAMACO Inc. has agreed and is prepared to pay Two Thousand Six Hundred Dollars ($2,600) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 79 Walden Avenue to FAMACO Inc. for the amount of Two Thousand Six Hundred Dollars ($2,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CHRISTIE R. NEON DIRECTOR REAL ESTATE OFFICE 0 STRATEGIC PLAI�NING O N C CA'S M U MI Y 1 � VL � ,iii- 1 if I n q �k 005: 111 1 #2 (Rev. 1193) Two (2) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 24, 2014 FROM: - - DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 465 Woodlawn, 90.55' East of Wohlers Lot Size: 30'x 105' Assessed Valuation: Land: $ 1,800 Improvement: $ 13,200. Total: $15,000. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mark E. Key, Salesperson from Realty Edge representing his client Angela Nakajima residing at 300 Cyberonics Blvd, Apt 2029, Houston, Texas 77058 to purchase 465 Woodlawn. Ms. Nakajima will renovate this two family dwelling for use as rental income purposes. She is utilizing a local property manager, Adam Triamo, Bella Vista Group, 6495 Transit Road, Bowmansville, NY. Ms. Nakajima has estimated the cost of renovations to be Eight Thousand Nine Hundred Fifty Dollars ($8,950), which were reviewed by the Division of Real Estate. Ms. Nakajima has provided proof of financial ability to complete the purchase and repair the property. A building permit will be required for the improvement to this property. The property at 465 Woodlawn is a two family dwelling consisting of 2,280 56 square feet of living space. The property was acquired by the City through In Rem #42, in October 2009. There have been no other qualified /eligible offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the.sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Ms. Nakajima commissioned Mr. Louis N. Taravella, Appraiser to estimate the fair market value of the property. Mr. Taravella has established the fair market value of the property to be Three Thousand Dollars ($3,000). The appraisal report was submitted to the City of Buffalo Appraisal Review Board for review and the Board concurs with the appraiser's estimate of value. Ms. Nakajima has agreed and is prepared to pay Three Thousand Dollars ($3,000) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. Mark E. Key of Realty Edge, 4043 Maple Road, Suite 207, Amherst, New York 14226 initiated the sale for Ms. Angela Nakajima and has negotiated a commission with the Division of Real Estate in the amount of Five Hundred Dollars ($500). \q a(k � February 24, 2014 Report of Sale 465 Woodlawn Page 2 I am recommending that Your Honorable Body approve the sale of 465 Woodlawn to Ms. Angela Nakajima for the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CRN:pIg dinremlprWale1465 Woodlawn Report of Sale CHRISTI . NELS`'ON DIREC70R OF R AL ESTATE OFFI E OF STR TEC3IG PLANNING q� FROM THE COMPTROLLER March 18, 2014 a ,) Certificate of Necessity Transfer of Funds a4 We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 100,000 be transferred and reappropriated as set forth below: From: 13116006- 443100 Street Lighting — Road Repair $ 100,000 To: 15050006 - 443303 Public Works — Vehicle Drivetrain Repair $ 100,000 &It� A. &J�� to BYRON W. BROWN MAYOR MARK 1. . SCHROEDER COMPTROLLER RECEIVED AND FILED - 0 a� COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: March 13, 2014 - - M - T e Department of Audit & Control SUBJECT: Follow Up to 2012 Audit Report on the Department of Parking The Department of Audit and Control has implemented an internal policy to revisit the findings and recommendations of each audit report one year after it has been filed. This provides an opportunity to check on whether the recommendations have been foIIowed, and to what extent. Attached please find the Follow Up to the 2012 Audit Report on the Department of Parking. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: �] f REFERRED ` 01 'rmF COMMITTEE ®N FINANCE. q(p CITY OF BUFFALO - - -- D- EPA- RTMENT OF AUDIT AND CONTROL -- FOLLOW UP TO AUDIT REPORT ON THE DEPARTMENT OF PARKING ISSUED OCTOBER 2012 MARK J.F. SCHROEDER COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR MARCH 2014 REFERRED TO THE COMMITTEE ON FINANCE. ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER Al Overview This report is a follow up to the October 2012 Audit Report on the Department of Parking. The _Department of Parking is responsible for enforcing three City services, Towing and Storage Operations, the Parking Violations Bureau, and Parking Meters and Enforcement. As a result of the audit of these processes, several recommendations were made. This report will provide an update on the implementation of the recommendations. The following terms will be used throughout the audit follow -up report: Audit Recommendation - recommendation from the original audit finalized in October 2012. Department Response — update as to status of implementation of audit recommendation, provided by Commissioner of Parking, Kevin J. Helfer in January 2013. Auditor Comments — commentary provided by Division of Audit related to original audit recommendations, department response and additional procedures performed for the audit follow -up report. Status of Significant Audit Report Recommendations Towing Performed by Outside Vendors Audit Recommendation: Towing services performed by Outside Vendors exceeded $35,000 without a contract. This is a violation of NYS General Municipal Law Section 103. The department should conduct a request for proposal for these services. Department Response: The Department of Parking put out a Request for Proposal (RFP) for towing services and received four responses. A review committee chose a contractor to perform towing services. The Contract is being reviewed by the Law Department. Once complete, Common Council approval will be sought. Auditor Comments: It is recommended that the contract process should be concluded as quickly as possible. The violation of Municipal Law 103 continues, as there are two towing vendors that have received payments in excess of $35,000 during the current fiscal year. The Vendors have received $64,461 and $61,361 during first seven months of the fiscal year. It should be noted subsequent to the Commissioner providing us with his update the towing contract was approved by the Common Council, but has not been fully executed as of March 13, 2014. Impound Vehicle Inventory Audit Recommendation: We recommend that the City Impound begin using a computerized inventory management system to instantly identify all towed vehicles in storage. A physical inventory count should also be performed to verify the accuracy of the computerized version. This would strengthen internal controls and any variance could then be investigated immediately. Department Response: We have a computerized database of all vehicles in the auto impound. The manual part of the inventory that we do cannot be eliminated. It is a physical count to verify the accuracy- of the database. We have never had a car missing in the time that I have been Commissioner. Inconsistent Recognition of Revenue Audit Recommendation: We recommend that the Department of Parking verify the Daily Journal for Towing Payments summary report to the back -up copies of the receipts taken in for that day. This will allow for accurate recording of the funds being entered into the City financial software (MUNIS) and help discover any potential errors in the Parking System Software. These reports could also be scanned and attached in MUNIS, so that any discrepancies can be easily researched. Department Response: After every auction, we double check that Treasury has input the correct code so the auction revenue is recorded in the correct function. When we find an inconsistency, we advise Treasury to make the correction. Since the implementation of this new policy we are comfortable that the revenue is recorded correctly. Auditor Comment: We reviewed transactions during the current fiscal year and noted six instances where vehicles sold at the auction were not classified correctly in the Parking System Software. Based on the number of vehicles sold (376) during this audit time frame this equates to an error rate of 1.6 %. However, it should be noted that the correct revenue account was properly credited in MUNIS. Therefore it appears the new policy is working effectively. Duplicate Payment of Towing Invoices Audit Recommendation: Invoices are normally sent once a month by each towing company. A search can be performed in the Parking System Software that can list all tows for a towing company for a specific period of time. Using this search to compare to the invoice would allow for easy comparison and identification of errors. Department Response: The recommendation of a more thorough review of towing invoices has been adhered to. Before any payment is sent out, our Administrative Assistant goes through every invoice from the respective tow company. We believe this has eliminated any duplicate payments. Auditor Comment: Auditors reviewed a sample of payments made to tow vendors in the current year and found that all tows on vendor invoices sampled were documented in the Parking Software. License Plate Readers Audit Recommendation: It is recommend the cost benefit of License Plate Readers (LPR) be explored. LPRs can scan and read license plates by using a camera affixed to Parking Enforcement vehicles. This could potentially increase revenues by making it easier to impound vehicles that are stolen or that have outstanding violations, even if a vehicle is parked legally. These types of systems have been implemented in other municipalities and have shown positive results in both parking and law enforcement. Department Response: The Parking department has purchased six license plate readers. Auditor Comment: It is unknown how much additional revenue has been received as a direct -- result of using the LPR's, but towing and storage revenue has increased by $176,317 or 27% when comparing the first seven months of the current and prior fiscal years. Increase Storage Fees Audit Recommendation: We recommend that the department consider increasing the cost of storage fees. Department Response: We are analyzing our revenues and expenses including all fees. After this review if we agree an increase is advisable, we will subunit it with our budget recommendations. Auditor Comment: As stated in the previous audit, vehicle storage fees have not changed since April 2004. Conclusion It appears that most of the recommendations from the audit performed in the prior year have been addressed. The contract for towing vendors must be executed as quickly as possible to become compliant with NYS General Municipal Law 103. Go r1 6P COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: March 13, 2014 FROM: The Department of Audit & Control SUBJECT: Follow Up to 2012 Audit Report on Prescription Drug Expenses The Department of Audit and Control has implemented an internal policy to revisit the findings and recommendations of each audit report one year after it has been filed. This provides an opportunity_ to -- check on whether the recommendations have been followed, and to what extent. Attached please find the Follow Up to the 2012 Audit Report on Prescription Drug Expenses, DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller J� SIGNATURE: , EC W D AND FILED CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL FOLLOW UP TO PRESCRIPTION DRUG REPORT ISSUED IN NOVEMBER 2012 MARK J.F. SCHROEDER COMPTROLLER ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA RECENED NI ftHCt'ITY AUDITOR FEBRUARY 2014 ' 1b i Overview This report is a follow up to the November 2012 Department of Audit and Control Report on Prescription Drug Expenses. The City of Buffalo (the "City ") is self - funded for prescription drug coverage, meaning the City pays the cost of prescription drugs for all individuals receiving health insurance from the City. It was decided in Fiscal Year ( "W') 2012 to switch to a self - funded prescription drug policy as the cost of the fully insured prescription drug coverage was going to increase by 16% to approximately $25.2 million. At the time it was estimated the switch to self-funded coverage would save the City $2 million annually. Actual savings for FY 2012 were $3.6 million. Prescription Drug Expense Prescription drug expense increased 7% in FY 2013. The FY 2013 cost is still lower than the cost of a fully insured policy, which would have been $25.2 million in FY 2012 and estimated to be even greater in FY 2013. Therefore it appears self - funded coverage saved the City at least $2 million in FY 2013. Status of Significant Report Recommendations The department updates were provided by the former Commissioner of Human Resources, Patricia Folts. Regular Monitoring Recommendation: Regular Monitoring of Drug Program to aid in budgeting and controlling costs. Department Update: Premier Consulting was contracted in FY 2013 to become the City's benefits consultant. They along with Blue Cross /Blue Shield ( "BC /BS ") have identified targeted benchmarks we should strive to reach and made recommendations that would result in reducing costs of the prescription drug plan. The following recommendations were made: 1. Increase use of Generic Drugs - Premier Consulting suggested a benchmark generic dispensing rate of 79.4 %; the City of Buffalo generic dispensing rate is approximately 72 %. BC/BS estimated that getting to the benchmark generic dispensing rate would save the City $1 million annually. FY2013 FY2012 Amount Change % Change Cost of flan $ 23,133,535 $ 21,639,531 $ 1,494,004 7% Participants 12,048 12,098 (50) 0 0 /0 Claims 269,348 266,718 2,630 1% Cost per Claim $ 86 $ 81 $ 5 6% Cost per Participant $ 1,920 $ 1,789 $ 131 7% Prescription drug expense increased 7% in FY 2013. The FY 2013 cost is still lower than the cost of a fully insured policy, which would have been $25.2 million in FY 2012 and estimated to be even greater in FY 2013. Therefore it appears self - funded coverage saved the City at least $2 million in FY 2013. Status of Significant Report Recommendations The department updates were provided by the former Commissioner of Human Resources, Patricia Folts. Regular Monitoring Recommendation: Regular Monitoring of Drug Program to aid in budgeting and controlling costs. Department Update: Premier Consulting was contracted in FY 2013 to become the City's benefits consultant. They along with Blue Cross /Blue Shield ( "BC /BS ") have identified targeted benchmarks we should strive to reach and made recommendations that would result in reducing costs of the prescription drug plan. The following recommendations were made: 1. Increase use of Generic Drugs - Premier Consulting suggested a benchmark generic dispensing rate of 79.4 %; the City of Buffalo generic dispensing rate is approximately 72 %. BC/BS estimated that getting to the benchmark generic dispensing rate would save the City $1 million annually. 2. Increase Co -pays - Premier Consulting suggested a benchmark member share of drug costs of 20 %. The City's member share is 8.3% for the POS plan and 3% for the Traditional plan. Moving to the benchmark would reduce the City expense by approximately $2 million annually. 3. Obtain Stop Loss Insurance - The nature of prescription self - funding leaves the City at risk for costs associated with catastrophic illnesses. A strategy for limiting this exposure is the purchase of stop -loss insurance. Stop -loss insurance pays medical bills in excess of a predetermined amount. The City is in the process of developing a request for proposal which would include stop -loss insurance. 4. Preferred Pharmacy - Currently plan participants can choose any pharmacy to fill prescriptions. By entering into a preferred pharmacy agreement the City can achieve savings when members fill prescriptions at pharmacies included in the agreement. 5. Review Formulary Tiers for all Drugs — Formulary Tiers are price groupings of drugs. Tier I is the lowest cost and lowest copay and is generally comprised of generic drugs. Tier 2 is a mid -range drug cost, mid -range copay. It may include preferred brand name drugs and more expensive generics. Tier 3 includes higher cost brand drugs and higher copays. Improved structuring of drugs in each formulary tiers can results in savings for the City. Timely Update of Computer System for Personnel Chances Recommendation: MUNIS, the City's financial software package accounts for payroll and benefit expenses. MUNIS should be up to date with all personnel changes. This will assure that benefits will not continue to be paid when the individual is no longer in the Plan. Department Update: The former Commissioner of Human Resources had taken the following steps to achieve more timely and accurate update of personnel records. 1. Requested additional reports from Management Information Systems Department and Blue Cross/Blue Shield to assist in updating personnel changes timely. 2. Creation of a duty roster listing all tasks to be performed by the Benefit Department personnel to ensure timely updates for benefit changes. 3. A Timekeeper training course is being developed to inform timekeepers of the importance of providing the Benefits Department with timely updates to personnel changes. The training is scheduled for April 2014. Auditor Comments It appears the recommendations from the audit performed in the prior year have been addressed. There still appears to be potential for cost savings that should continue to be explored. I FROM THE PRESIDENT OF THE COUNCIL 10 4 March 18, 2014 0 4.' Common Council CITY OF BUFFALO t _0( OFFICE OF THE COUNCIL PRESIDENT DARIUS G. PRIDGEN COUNCIL PRESIDENT ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 CITY BALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -4980 ♦ FAX: (716) 851 -6576 City of Buffalo Website: www.ci!y- buffalo.com Ellicott District Website: www.buffaloellicottdiStriCt.com CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT FELICIA C. ALI LEGISLATIVE ASSISTANT FELICIA M. STANLEY TO: Ellicott District Block Clubs and Community Organizations DATE: 3/13/2014 SUBJECT: Micro- grants for block clubs and community organizations The Ellicott District Common Councilmember Darius G. Pridgen announces Micro - grants for the Ellicott District for spring clean -up efforts. Micro - Grants are small, one time, cash awards given to community groups for short term community projects. Ellicott District block clubs and community organizations are eligible to apply for a micro -grant for organized spring clean-up efforts. Applications will be available in the following locations: Ellicott District Office 65 Niagara Sq. 1315 City Hall Buffalo, NY 14202 The Pratt Willard Community Center 422 Pratt St. Buffalo, NY 14204 The Belle Center 104 Maryland St. Buffalo, NY 14201 Applications will be available beginning March 14, 2014 and will be accepted through April 4, 2014. All completed applications are to be returned to the Ellicott District office. Only applications that are complete, will be Bible to be a ded a Micro- grant. a� arias G. Pridge 1 R ECEWED AND RLED Council President Ellicott District Council Member Ellicott .District... A Great Place To Work, Live and Enjoy. 1 61.1 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION March 18, 20I4 #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) 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: March 3, 2014 in the Department of Assessment and Taxation Division of to the Position of Assessor Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non Competitive (Insert one) APPOINTMENT Minimum, Intermediate Maximum, Flat (Insert one) SECOND STEP (Enter Starting Salary) : Starting Salary of $49,733 LAST JOB TITLE Real Property Appraiser NAME Bogusia Carroll LAST DEPARTMENT AssessmentlTaxation DATE 12/16/10 ADDRESS 195 Holly Street LAST SALARY $48,968 CITY & ZIP Buffalo NY 14206 LAST 4 DIGITS OF SSN. XXX - XX - 8056 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS. LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0650 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 - 060 SALARY RANGE OF POSITION $47,960 - $55,313 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Per Article III, Section 3.6, of the CBA between Local 650 and the City of Buffalo, employee must receive at least $250 salary increase upon promotional appointment NAME OF APPOINTING AUTHORITY: Martin F. Kenned TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: February 27, 2014 ar SIGNATURE OF APPOINTING AUTHORITY: t ° "'t_ �,, -_ ORIGINAL + 5 WPILti 10: U I Y ULtKK JUNIULI JKt APPOINTMENT DATE) OTHER COPIES TO: #5- 'COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEIS) FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS March 18, 2014 Q'1' #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL q TO: THE COMMON COUNCIL DATE: March 10, 2014 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10698 [: Install One -Way Street Direction [: Fourth Street -- southeast bound [: from Porter Avenue [: to Jersey Street [: ( EIlicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx C.C.P. xx/xx/xx) ONE -WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Fourth Street southeast bound from Porter Avenue to Jersey Street This action is being taken in conjunction with plans for the NY Gateway Connections Improvement Project. SJS/PJM/EDS/RWS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10698.dw) City Clerk's Department BUFFALO - March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 548 PASSED March 18, 2014 Change in Contract- Dudley Library (South) Gerald A Chwalinski City Clerk MA9" 3 12014 Z�l 1 W V Z- 8d ftf�F. 0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 8, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Dudley Library [: Partial Reconstruction [: Job #1309 L [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Dudley Branch Library, Partial Reconstruction, Cannon Design, C #93001170. 1. Additional design services required for the structural Add $ 12,080.00 assessment of the roof deck load at Dudley. The change order is required to analyze the load on the trusses to ensure they can support the deck and new roof; and if necessary the design of a new roof deck. This is part of an ongoing design service contract established by an RFQ bidding and selection process. The foregoing change results in a net increase in the contract of Twelve Thousand Eighty and 00 /100 Dollars ($12,080.00). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $ 48,452.00 $ 12,080.00 $ 60,532.00 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 33321006 445100 Buildings. SJSIPJMIDDCIddc cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: — Change in Contract — Dudley Library (South) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 8, 2014, 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 $12,080.00 (Original Contract Amount $48,452.00 + Change Order #1 $12,080.00 for a Revised Contract Amount of $60,532.00) for the Dudley Branch Library, Partial Reconstruction to Cannon Design, C #93001170. Funding is available in Account #33321006 445100 — Buildings. PASSED C: SUsersVrucinskilAppllatalLaca)\N icrosoft\WindowslTemporary Intemet Files\Content.Outlook\OX32QV W51Change in Commct- Dudley Libmry ,dac 0 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA SCANLON * SMITH WYATT * [-------- - - - - -] * *- [MAJ- 5] [213 - 6] k \1 [314 - 7] 0011' #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 10, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Increase in Encumbrance [: Contract #: 93001208 . [: General Contractor: Mark Cerrone, Inc. [: Cars on Main Street — 500 Block [: Chippewa to Mohawk Streets [: PIN: 5760.39 [: Addition of.Track Bed and Rail -line Replacement [: Main St. from Mohawk St. to Chippewa St. [: Ellicott District [: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #44 of 6 -11 -13 The above captioned project was bid by the Department on May 29, 2013. The responsible low bidder was Mark Cerrone, Inca and bids were approved by Your Honorable Body on June 11, 2013. At the time of the bid, this Department was asked by the Niagara Frontier Transit Authority (NFTA) to include an add alternate. This alternate would allow for the replacement of the existing track bed and rail -line along Main Street between Mohawk and Chippewa Streets. The construction of this work was to be fully funded by the NFTA, should they seek to pursue this work. Subsequently, the NFTA has agreed to fund the work and have asked to have the work added to the current contract. Therefore, this Department requests Your Honorable Body's permission to accept funds from the Niagara Frontier Transportation Authority, and to increase the encumbrance of the current contract by the actual cost of construction ($1,139,841.00, which is the cost of the work based on contract items). No additional costs will be bore by the City for this work. SJS /PJM /JDB :dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Peter J. Merlo, P.E. City Engineer REFERRED TO T1,1E COMMITTEE ON FINANCE. SIGNATURE OF DEPARTMENT HEAD: (Inc-encumbrance-500 block track bed - Mohawak- 03- 10 -14) City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 550 PASSED March 18, 2014 Permission to Enter Agmt FHWA and NYSDOT for Rehab of West Ferry St Lift Bridge Gerald A Chwalinski City Clerk [APPRO MAH 12014 G- d Illz Cl 005_. () #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL �1 TO: THE COMMON COUNCIL DATE: March 10, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Enter into Agreements with [: FHWA and NYSDOT [: for the Rehabilitation of the West Ferry Street [: Lift Bridge [: City of Buffalo, County of Erie PIN 5756.09 PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) has designated funding for the design, construction and construction inspection of the Rehabilitation of the West Ferry Street bridge in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5756.09. It is necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. 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. PJ M /SJS /J D B /MJ F /DAB: dj p TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: _ _ P Permission to Enter Into Agreement with Federal Highway Administration and New York State Department of Transportation — Rehabilitation of the West Ferry Street Lift Bridge (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 10, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and/or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration (FHWA) and the New Y�orSat Depa rtment f the Rehabilitation of the West a for the design, construction and constructs inspecti Street Bridge in the City of Buffalo. PASSED C:\ UsersvrucinskiVAppDma V.ocalmcrosoft\Window,NTempo.iy Internet Files\ Content .outlook1OX32QVW61Fermission to Enter Into Agreement -W Ferry St Sift bridge.docx �a [-------- - - - - - I [ MAJ - 5 [213 - 6] [3/4 - 71 *AYE* NO FONTANA FRANCZYK GOLOMBEK * * * * LOCURTO PRIDGEN * ` RIVERA SCANLON * ` * SMITH * * * WYATT *` [-------- - - - - - I [ MAJ - 5 [213 - 6] [3/4 - 71 City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 551 PASSED March 18, 2014 Permission to Enter Agmt Lafayette Ice Rink Emergency Refrig Plant Repair Gerald A Chwalinski City Clerk m'' - l ltm ��),i1 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 13, 2014 0 0 5' 5 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Enter into Agreement [: Lafayette (NB) Ice Rink [: Emergency - Refrigeration Plant Repair [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: Permission is hereby requested to enter in an agreement with D.V. Brown & Associates for the emergency repair of the refrigeration plant located at the North Buffalo Ice Rink. To prevent additional costs associated with the loss of ice, the maintenance contractor on record (D.V. Brown) was called in to get Pump #1 working again and then to make the necessary repairs to Pump #2 to keep the temperature stable for the prevention of ice loss. Cost of this repair is $48,080.03 and Funds for this work are available 13296006 445100 — Buildings. SJS /PJM /PS /jlj cc: Comptroller's Office J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Title: Signature of Department Head Permission to Enter Into Agreement — Lafayette (NB) Ice Rink Emergency Refrigeration Plant Repair (Del) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 13, 2014, be received and filed; and That. the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with D. V. Brown & Associates for the emergency repair of the refrigeration plant located at the North Buffalo Ice Rink. Funding is available in Account # 13296006 445100 — Buildings. PASSED C:\ Users\lmcinski \AppDataEocal \Microsoft \Windows\Temporary Internet Files\Conteni.Outlook\OX32QV W6\Permission to Enter Into Agreement- Lafayette ice rink.doex 'D 1 ,v *AYE* NO.* FONTANA FRANCZYK * * * GOLOMBEK * * * LOCURTO * *_ * * * PRIDGEN RIVERA * * * SCANLON * * * SMITH WYATT * * * [ MAJ - 51 [213 - 6} [314 - 7} City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 552 PASSED March 18, 2014 Permission to Hire Consultant Coco Cola Field Rehab Various Mech Upgrades And Door Replacements(Fill) Gerald A Chwalinski City Clerk � - 8 dv 11 q n 0 5 a. #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 11, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Coca Cola Field Rehab [: Various Mechanical Upgrades & Door Replacements [: Fillmore 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 .permission to hire Cannon Design as a consultant to provide architectural/ engineering services for Coca Cola Field Rehab, Various Mechanical Upgrades & Door Replacements. The cost for consulting services is estimated not to exceed $47,300. The funds are available in 34323606445100&35324706445100. The consultant has been chosen through a Request for Qualification (RFQ) process. SJS /PJM /PS /jlj cc: J. Jacobs, Buildings Comptroller's Office Department Head Name: Peter J. Merlo Title: City Engineer Signature of Department Head: �� d-� Permission to Hire a Consultant — Coca Cola Field (Fill) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 11, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a Cannon Design as a consultant to provide architectural /engineering services for Coca Cola Field Rehab, Various Mechanical Upgrades and Door Replacements. The consultant has been chosen through a Request for Qualifications (RFQ) process. Funds are available in Accounts 434323606 445100 and 35324706 445100. PASSED C: 1Users\lmcinskilApp➢ atal LocallMicrosoft\WindowslTemporary Intemet Files\ContentOutlaok1OX V W6\Permission to hire consultant -Coca Cola Field.docx [-------- - - - - -] * * * [MAJ- 51 - - - [213 - 6] [ 314 - 71 *AYE* NO FONTANA * * FRANCZYK * * GOLOMBEK * * LOCURTO * * * PRIDGEN * * * RIVERA SCANLON * * * SMITH * * * WYATT * * * [-------- - - - - -] * * * [MAJ- 51 - - - [213 - 6] [ 314 - 71 City Clerk's Department BUFFALO March 21, 2014 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 553 Report of Bids -2014 Street Tree Planting PASSED March 18, 2014 Gerald A Chwalinski City Clerk MARI 1 2014 � SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 10, 2014 FROM: Public Works, Parks & Streets Parks & Recreation SUBJECT: [: Report of Bids [: 2014 STREET TREE PLANTING [: Group #788 I advertised for on February 14, 2014, and received the following formal sealed bids for the 2014 Street Tree Planting, which were publicly opened and read on February 28, 2014. Total Bid Gleason's Nursery, Inc. $ 225,115.00 4780 Sheridan Drive Williamsville, NY 14221 Titan Development, Inc. $ 235,340.00 8534 Seaman Road Gasport, NY 14067 Tree Care of NY $ 249,820.00 11493 Broadway Alden, NY 14004 Beau Enterprises, Inc. $ 270,100.00 4250 Williams Road Ransomville, NY 14131 Hydrolawn of Buffalo $295,000.00 P.O. Box 77 Derby, NY 14047 Scott Lawn Yard $346,200.00 5552 Towniine Road Sanborn, NY 14132 I hereby certify that the foregoing is a true and correct statement of all bids received and that Gleason's Nursery, Inc. with a Total Bid of Two Hundred Twenty Five Thousand One Hundred Fifteen 00 /100 ($225,115.00), is the lowest responsible bidder. `1 � I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Two Hundred Twenty Thousand, Nine Hundred Sixty Four 631100 ($220,964.63). Funding for this project is available in 35403906 - 445100 and other accounts(s) to be named at a later date. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks- Streets Signature of Department Head: Cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner., Parks & Recreation Report of Bids ---- 2014 Street Tree Planting (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 March 10, 2014, 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 2014 Street Tree Planting with Gleason's Nursery, Inc. with a total bid amount of $225,115.00. Funding for this project is available in Account# 35403906- 445100 and other account(s) to be named at a later date. NINV U `} C:\ UsersVmcinski\ AppDataS LocallMicrosaft lWindowslTemporary InternetFiles% Con tent.Ouilook\OX32QVW6\Repoitofl ids4014streett1eeplanting.docx J *AYE* NO FONTANA * *_ * * * FRANCZYK * * * GOLOMBEK * *_ * * * LOCURTO * * * PRIDGEN * *_ RIVERA * * * SCANLON * * * SMITH * * * WYATT * * * [ MAJ - 5 ] *` [213 - 6] [3I4 - 7] City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 554 PASSED March 18, 2014 Report of Bids — Amend W Side Comm Sery Rehab Proj Gerald A Chwalinski City Clerk Fi li MAR `'3 2094 I�f 1 n :01141" #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO:, THE COMMON COUNCIL DATE: March 6,2013 0 C � - c FROM: DEPARTMENT:. Public Works Parks & Streets DIVISION: Building SUBJECT: [: Report of Bids - Amend [: West Side Community Services Center [: Rehabilitation Project [: CDBG Funded [: Year 38 - 08200 V � PRIOR COUNCIL REFERENCE: (IF ANY) [: #69 of 1121114 TEXT: Previous Council Item incorrectly stated the Base Bids. This amount included at contingency of $5000.00. Correct Base Bids are: General Construction Base Bid Miller Enterprises, Inc. $100,000 12 Newfield St., Buffalo, NY Dyno Group, Inc. $112,500 18 Tracy St., Buffalo, NY Hadala Construction, Inc. $118,500 325 Grote St., Buffalo, NY NewCal Construction, Inc. $118,700 10994 Tinkham Rd., Darien, NY Nichter Construction, Inc. $142,500 30 Wiidwood Dr., Lancaster, NY Electrical Work Base Bid $83}975 South Buffalo Electric 1250 Broadway, Buffalo, NY Weydman Electric $86,700 747 Young St., Tonawanda, NY I hereby certify that. the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction: Miller Construction Inc. with a bid of $100,000.00 Electrical Work: South Buffalo Electric with a bid of $83,975 1 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 CH9K2007 - 470000 - Buildings. SJSIPJMIJFIfg cc: Comptroller's Office J. Jacobs - Buildings Department Head Name: Peter J. Me '10, P.E. Title: Cit En Leer Signature of Department Head: Report of Bids — Amend West Side Community Services Center Rehabilitation Project (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 March 6, 2014, 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 West Side Community Services Center Rehabilitation Project with the following: General Construction Miller Construction, Inc. with a bid of $100,000.00 Electrical Work South Buffalo Electric with a bid of $83,975.00 Funding for this project is available in Account 4 CH9K2007 — 470000 — Buildings. PASSED C.lUsersl4mci n skilAppD atalLocaluvlic ,-soft\Windows\Temporary ]ntemet Files\Content.Outicok10X32QV W61Report of Bids -W Side Comm Srvcs Ctr,docx *AYE* N FONTANA * ` * * * FRLNCZYK * * * * GOLOMBEK * *_ * * LOCURTO * *_ * * * PRIDGEN * * * RIVERA * * * SCANLON * * * SMITH * ` * * * WYATT * * * [-------- - - - - -] [ MAJ - 5 [2I3 - 6] [3/4 - 71 J- � City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 555 PASSED March 18, 2014 Report of Bids — Bedford Island Curb Replacement (North) Gerald A Chwalinski City Clerk MAR"I 12014 0 0 �5 �t:a #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: Common Council DATE: March 6, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group #767 -A [: Bedford Island Curb Replacement - Bedford [: between Elmwood & Lincoln Pkwy. [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase P & J Construction Co., Inc. $229,646 74 * $252,611.41 709 Pleasant View Dr., Lancaster, NY 14086 Hydrolawn of Buffalo, Inc. $234,154.00 $257,569.40 237 Main Street, Buffalo, NY 14203 Destro & Brothers Concrete Co., Inc. $240,430.32 $264,473.35 411 Ludington Street, Buffalo, NY 14206 Nova Site Company $242,099.00 $266,308.90 6 Lena Court, West Seneca, NY 14224 Master's Edge, Inc. $256,678.00 $282,345.80 3409 Broadway Street, Buffalo, NY 14227 Roman Construction Co., Inc. $299,407.00 $329,347.70 7279 Lakeview Court, Pendelton, NY 14120 *Adjusted Amount I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend a contract award in the amount of $252,611.41 ( $229,646.74 -Base Bid + $22,964.67 - 10% unit price increase = $252,611.41 Total Contract Amount) . Funds for this contract are available in #35317006 - 445.100, and/or an account(s) to be named at a later date. The engineer's estimate for this work is $266,076.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 19 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: City Engineer of Public Works, Parks & Streets �O Report of Bids — Bedford Island Curb Replacement — Bedford between Elmwood and Lincoln Parkway (North) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 6, 2014, 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 Bedford Island Curb Replacement, Bedford between Elmwood and Lincoln Parkway, with P &. J Construction Co., Inc. in the amount of $252,611.41 (Base bid - $229,646.74 + 10% unit price increase - $22,964.67 for a Total Contract Amount of $252,611.41). Funds for this contract are available in Account #35317006 - 445100, and /or an account(s) to be named at a later date. PASSED C: IUsersVmcinskil AppData\ LocaiNicrosoftlWindows\Temporary Interact FileslContont.outlook\ox W6 of Bide - Bedford island Curb Replacement,docac P * * * -------- - - - - -] [MAJ- 51 - [213 - 6] [314 - 7] *AYE* NO FONTANA *` * * * FRANCZYK * * * GOLOMBEK * * * * LOC IRTO PRIDGEN * * * RIVERA * * * SCANLON * * * SMITH * * * WYATT * * * * * * -------- - - - - -] [MAJ- 51 - [213 - 6] [314 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO March 21, 2014 DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. PASSED March 1S, 2014 No. 556 Report of Bids -- Island Curb Replacements- Culver, Ridgewood & Harding (South) Gerald A Chwalinski City Clerk i �aa A li 1 4. �,7S MAR 3 12014 F A #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: March 6, 2014 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: j: Report of Bids, Group #767 -13 [: Island Curb Replacement — Culver Road, [: Ridgewood & Harding between South Park & [: McKinley Pkwy. [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase P & J Construction Co., Inc. $110,636.42 $121,700.06 709 Pleasant View Dr., Lancaster, NY 14086 Hydrolawn of Buffalo, Inc. $119,462.50 $131,408.75 237 Main Street, Buffalo, NY 14203 Master's Edge, Inc. $123,011.50 $135,312.65 3409 Broadway Street, Buffalo, NY 14227 Destro & Brothers Concrete Co., Inc. $126,468.16 $139,114.98 411 Ludington Street, Buffalo, NY 14206 Nova Site Company $153,711.00 $169,082.10 6 Lena Court, West Seneca, NY 14224 Roman Construction Co., Inc. $167,715.00 $184,486.50 7279 Lakeview Court, Pendeiton, NY 14120 I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend a contract award in the amount of $121,700.06 ( $110,636.42 -Bass Bid + $11,063.64 - 10% unit price increase = $121,700.06 Total Contract Amount) . Funds for this contract are available in 06319406445100, and/or an account(s) to be named at a later date. The engineer's estimate for this work is $143,551.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 19 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS :PJM :MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Report of Bids — Island Curb Replacement — Culver Road, Ridgewood and Harding between South Park and McKinley Parkway (South) (DPW) Mr. Smith moved: That the above item be, and the above 4ommum.aed and filed; andpartment of Public Works, Parks and Streets, dated March 6, 2014, be That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Island Curb Replacement, Culver Road, Ridgewood and Harding between South Park and McKinley Parkway, with P & J Construction Co., Inc. in the amount of $121,700.06 (Base bid - $110,636.42 + 10% unit price increase - $11,063.64 for a Total Contract Amount of $121,700.06). Funds for this contract are available in Account #36319406 - 445100, and/or an account(s) to be named at a later date. PASSED C'. 1Usersltmcinski\AppData\ Local \MicrosoHlWindows\Temporary Intemet FiieslContent.outiook16X32QV W61Report o£Bids- Culver island Curb Replacement.doex *AYE* NO FONTANA * * * FRANCZYK * * * GOLOMBEK LOCURTO * *_ PRJDGEN * * * RIVERA * * * SCANLON * * * SMITH WYATT [ MAJ - 51 * *` [213 - 5] [314 - 7} 1� City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 557 PASSED March 18, 2014 Req Permission to Accept Funds Bflo EC Public Lib for Dudley Lib Reconstr Gerald A Chwalinski City Clerk MAR'3 1 2014 01E Z- ixiI €H �i�ro� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL "TO: THE COMMON COUNCIL DATE: March 8, 2014 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Request Permission to Accept Funds [: From Buffalo & EC Public Library [: For Dudley Library Reconstruction [: Job #s 1311, 1402 & 1403 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: Permission is hereby requested from Your Honorable Body to accept funds from the Buffalo & EC Public Library for the new roof, HVAC system, windows, and masonry restoration (phase 1) at Dudley Branch Library. The Buffalo & EC Public Library received a grant from the NYS Education Department/NYS Library awarded for the Dudley Library, and B &ECPL Library Grant Match Funds to partially fund the reconstruction at the Dudley Branch Library. The Buffalo & EC Public Library applied for and manages both grants to support their capital program. Job #s 1311, 1402, and 1403, are currently in design by Cannon Design. Account No. 35328406 450000 has been created to facilitate the transfer of grant funds in the following funding amount(s): Funder . Name Amount Description NYS PL Construction Grant $119,108 Masonry Restoration t (Phase 1) at B &ECPL Library Grant Match $ 75,000 New roof, HVAC system, Windows, and Masonry Restoration (Phase 1) at Dudley TOTAL $194,108 SJSIPJMIDDCIddc cc: Contract Compliance Office J. Jacobs, Buildings Department Head Name: Steven J. Ste niak Title: Commissioner Signature of Department Head: Request Permission to Accept Funds from the Buffalo and Erie County Public Library for Dudley Library Reconstruction (South) (DPW) . Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 8, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the Buffalo and Erie County Public Library for the new roof, HVAC system, windows, and masonry restoration (phase 1) at the Dudley Branch Library. The Buffalo and Erie County Public Library received a grant from the NYS Education DepartmentlNYS Library awarded for the Dudley Library, and the Buffalo and Erie County Public Library Grant Match Funds to partially fund the reconstruction at the Dudley Branch Library. Account #35328406 4450000 has been created to facilitate the transfer of grant funds in the following funding amounts: Funder Name Amount Description New York State Public $119,108.00 New roof, HVAC system, windows Library Construction Grant and masonry restoration (phase 1) Buffalo and Erie County $75,000.00 New roof, HVAC system, windows Public Library Grant Match and masonry restoration (phase 1) Total $194,108.00 PASSED C:\ Users\ lmcinski\ AppData\ Local\Microsoft\Windows\Temporary Internet Files\ Content .Outlook\OX32QVW to Accept Funds - Dudley Li6rery.docx j� *AYE* NO FONTANA * * * FRANCZYK * * GOLOMBEK * *- * * * LOCURTO * *_ PRIDGEN * *_ * * RIVER A SCANLON * * * SMITH * * * WYATT * *_ * * * * ? * . 0* [MA7- S] - - - [213 - b] [3I4 - 7] City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 558 PASSED March 18, 201.4 Req Permission to Accept Funds Olmstead Consery New Elevator Marcy Casino (Del) Gerald A Chwalinski City Clerk & , % �1 o '014 MAR-3 2014 01A 0 7� A #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO COMMON COUNCIL DATE: March 8, 2014 0 01 5 5 f 4 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Request Permission to Accept Funds [: From Olmsted Conservancy [: New Elevator at Marcy Casino [: Job #1275 [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: Permission is hereby requested from Your Honorable Body to accept funds from Olmsted Conservancy for the New Elevator being installed at Marcy Casino. The Olmsted Conservancy received a grant from the Cummings Foundation to partially fund the construction of the elevator at Marcy Casino. Job #1275, New Elevator and Structural Deck Reconstruction" is currently under construction at Marcy Casino. Account No. 35328506 450000 has been created to facilitate the transfer of grant funds in the following funding amount(s): Funder Name Amount Description Olmsted Conservancy $30,000 Used to partially fund the cost of Installing a new elevator SJS /PJM /DDC /ddc cc: Contract Compliance Office J. Jacobs, Buildings Department Head Name: Steven J. Ste niak Title: Signature of Department Head: Request Permission to Accept Funds — Olmsted Conservancy — New Elevator at Marcy Casino (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 March 8, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from Olmsted Conservancy for the new elevator being installed at Marcy Casino. The Olmsted Conservancy received a grant from the Cummings Foundation to partially fund the co nsuction of the facilitate the transfer $30,000.00 0 in grant Account 435328506 450000 has been created funds from the Olmsted Conservancy to partially fund the cost of the installing a new elevator. PASSED C:1 UsersV rucinski lAppData\LMRI\Microsoft\Windocvs \Temporary intemet Files\ Content .0utlook\OX32QVW6\Permission to Accept Funds -Marcy Casino elevator.docx - *AYE* NO FONTANA * * F'RA. CZYK GOLOMBEK * * * LOCURTO * * * PRIDGEN * * * RIVERA * * * SCANLON * *_ SMITH * * * WYATT * *_ * * * ------------- [ MAJ - 51 [213 - b] [314 - 71 FROM THE CORPORATION COUNSEL March 18, 2014 Q � w TO THE COMMON COUNCIL DATE: March 11, 2014 FROM THE LAW DEPARTMENT SUBJECT: Extend Downtown Stadium Leasing Arrangements with Buffalo Bisons through March 31, 2015 I am writing to request that Your Honorable Body approve another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as the one year extensions which we've put in place yearly since 2008. I have attached the proposed agreement for your review and approval. The proposed extension, as in years past, includes the standard assistance of up to $30,000 in utility costs reimbursements from the City to the Bisons for 2014 -2015. Also, consistent with previous yearly extensions, the City will pay for stadium property damage insurance at a premium of up to not to exceed $50,000 and will continue to provide refuse collection (valued at approximately $38,000) and water (valued at approximately $20,000) at the stadium. Further, similar to last year, the City will use its best efforts to cause the provision of post game supplemental clean -up personnel similar to that which was provided last year, however there will be no obligation on the part of the City in the event said personnel are not actually provided. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term. The City and the Bisons will continue to work in good faith in an attempt to reach a formal long -term agreement for extending the lease of the stadium. I respectfully request that Your Honorable Body approve this one -year extension and the above expenditures /services at your March 18, 2014 meeting of the Common Council. DEPARTMENT HEAD NAME: Timothy A. Ball TITLE: Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: k SEVENTH AMENDMENT TO STADIUM LEASE AGREEMENT, SUBLEASE AND SECOND. SUBLEASE THIS SEVENTH AMENDMENT TO STADIUM LEASE AGREEMENT, SUBLEASE AND SECOND SUBLEASE (the "Seventh Amendments ") are made as of the - day of Match, 2014, by and between the CITY OF BUFFALO, a municipal corporation of the State of New York, having its principal place of business at City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York 14202 (the "City "), and BISON BASEBALL, INC., a Delaware corporation duly authorized to do business in the State of New York, having its principal office or place of business at 275 Washington. Street, Buffalo, New York 14203 (the "Bisons "). WITNESSETH: WHEREAS, the City and the Bisons are parties to a certain Bison Baseball, Inc. Stadium Lease Agreement, dated as of February 25, 1986, as amended by a certain Agreement, dated as of October 20, 1993 and as further amended by an Amendment to Stadium Lease Agreement dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010, the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2011, the Fifth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2012, and the Sixth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2013 (said Bison Baseball, Inc. Stadium Lease Agreement, as so amended, being herein called the "Prime Lease "), pursuant to which Prime Lease the City is leasing to the Bisons the Downtown Stadium (as such term is defined in the Prime Lease) located on property in the City of Buffalo, County of Erie and State of New York and more particularly described in Exhibit A attached to the Prime Lease; and WHEREAS, the Bisons and the City are parties to a certain Sublease, dated as of January 1, 2003 as amended by an Amendment to Sublease dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010, the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2011, the Fifth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2012, and the Sixth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2013 (the "Sublease ", with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Sublease), pursuant to which Sublease the Bisons are subleasing to the City the Stadium; and WHEREAS, the City and the Bisons are parties to a certain Second Sublease, dated as of January 1, 2003 as amended by an Amendment to the Second Sublease dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010, the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2011, the Fifth Amendment to Stadium Lease Agreement, V\ Sublease and Second Sublease dated as of March 31, 2012, and the Sixth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2013 (the "Second Sublease ", with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Second Sublease), pursuant to which Second Sublease the City is subleasing to the Bisons the Stadium; and WHEREAS, the City and the Bisons have agreed to further amend the Prime Lease, the Sublease and Second Sublease so that the terms of the Prime Lease, the Sublease and Second Sublease will be extended for an additional period of one (1) year, in the manner and upon the terms and conditions hereinafter provided; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is hereby agreed by the parties as follows: 1. These Amendments shall be construed with and as part of the Prime Lease, the Sublease and Second Sublease. 2. Notwithstanding any term, covenant or conditions contained in the Prime Lease, the Sublease and /or Second Sublease to the contrary, the language herein shall be given full force and effect. 3. Section 3(a) of the Prime Lease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "The term of this Lease Agreement shall be for a period of twenty -seven (27) years, commencing on the first day of April, 1988, and expiring on the 31 st day of March, 2015." 4. Effective on and after the Extended Term Commencement Date, Section 2.2 of the Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "2.2. Term. The term of this Sublease shall commence on the date hereof and shall continue through and including March 31, 2015 ("Term"), unless sooner terminated in accordance with the provisions hereof " 5. Effective on and after the Extended Term Commencement Date, Section 3.2 of the Second Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "3.2. Term. The term of this Second Sublease shall commence on the date hereof and shall continue through and including March 31, 2015 ( "Term "), unless sooner terminated in accordance with the provisions hereof." 10� 6. a The Utility Payment Reimbursement By City provisions in Section 4.4 of the Second Sublease shall also be extended by one (1) year. By way of clarification, it is understood and agreed that the City's obligation under this provision shall not exceed $30,000 in any one year. Paragraph 8 of the Amendment to Second Sublease is amended to replace reference to August 31, 2008 with Match 31, 2015. Neither the Bisons nor the City are obligated to perform any capital repairs to the Stadium between the date hereof and March 31, 2015. Notwithstanding the foregoing, through March 31, 2015, the City agrees to work in good faith with the Bisons to provide minor capital and maintenance repairs to the Stadium of a nature substantially similar to the repairs and maintenance provided by the City from April 1, 2008 through the date of these Seventh Amendments. The parties acknowledge and agree that the Stadium is of an age where it is anticipated that material capital repairs will likely be necessary on an ongoing basis to ensure that the Stadium is fit for its intended purpose and does not pose a safety hazard to the personnel working at the Stadium or the general public attending events, games and functions at the Stadium. Examples of capital repair items of a material nature that may possibly become necessary during the Term of this Agreement are such items as are set forth in the HOK Facility Analysis report commissioned in mid - 2008. The revenues at the Stadium are not sufficient to cover the expense of any such items and the City does not have the financial budget to account for such items. Consequently, recognizing that the Stadium e � Bisons have appointed Jo athan A. Dandes and area but also New York State, the Honorable Byron W. Brown, the Mayor of the City of Buffalo, has appointed as designated representatives to approach the State of New York as soon as practical with respect to funding needed for capital repair items to the extent that they occur between the date of these Amendments and Match 31, 2015. as modified herein all terms and provisions of the Prime Lease, Sublease 9. Except and Second Sublease shall remain in full force and effect. 10. This Amendment shall inure to the benefit of, and shall be binding upon, the City and the Bisons and their respective successors and permitted assigns. 11. Further, similar to lease years 2013 -2014, the City will use its best efforts to cause the provision of post game supplemental clean -up personnel during lease year 2014 -2015, however there will be no obligation on the part of the City in the event the personnel are not actually provided. IN WITNESS WHEREOF, the City and the Bisons have executed these Amendments as of the day and year first above written. THE CITY OF BUFFALO BISON BASEBALL, INC. :' Byron W. Brown, Mayor APPROVED AS TO FORM ONLY By: John V. Heffron Assistant Corporation Counsel KYV STATE OF NEW YORK ) 1 COUNTY OF ERIE } ss: CITY OF BUFFALO } On this day of March, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared BYRON W. BROWN, personally known to nee, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within i acknowledged to me that he ex ecuted Mayor of THE CITY OF BUFFALO, the corporation described within the same m his capacity as t or the person on behalf of which the individual acted, executed the instrument, the individual, instrument. Commissioner of Deeds, Buffalo, New York. My Commission expires: or Notary Public, Erie County, New York My Commission expires: STATE OF NEW YORK } COUNTY OF ERIE ) ss: CITY OF BUFFALO } On this _ day of March 2014, before me the undersigned, a Notary Public in and for said State, 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 executed the same in his capacity, and that b his signature f th ISON BASEBALL, NC� ex ecuted tho instrument. of which the individual acted as President of Public, Erie County, New York My Commission expires: 10 "\ FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 18, 2014 5 TO: THE COMMON COUNCIL DATE: March 13, 2014 FROM: DEPARTMENT: Department of Permit & Inspection Services SUBJECT: [:Annual Submittal of Downtown Special Vending District Amendment Requests from Buffalo Place PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xx /xx/xx) Pursuant to Chapter 3I6 "Street Vending in the Special Downtown Vending. District "; the Department of Permit & Inspection Services does hereby submit the attached proposed "Vending District" amendments per the request of Buffalo Place Inc., for whatever action your Honorable Body deems appropriate. Q� Signature _ Department 1 Title: JAMES COMERFORD JR. COMMISSIONER REC EIVED AND FLED cs March 4, 2014 Mr. Patrick Sole, Jr. Director Licenses and Permit Services City of Buffalo Room 305 Buffalo, NY 14202 Re: Revised list of sites within the Downtown Special Vending District Dear Mr. Sole, Attached, please find a list of recommended changes to the master list of sites in the Downtown Special Vending District. The following sites are recommended for deletion for the noted reasons. Site 15 -- Concerns raised by adjacent property owners /tenants. Site is currently vacant. Site 39 -- Site is currently vacant and has never been occupied since it was created several years ago. Site 47 - Site is currently vacant and has never been occupied since it was created several years ago. Site. 48 — Site is currently vacant and has never been occupied since it was created several years ago. Site M2 Site is in active construction zone. Currently vacant. The following sites are recommended for addition to the master list of sites in the Downtown Special Vending District. l i a uffalo, New York 14203 / 716- 856 -315 / Fax: 716- 852 -8 / www.buffaloplace.com 671 Main Street /B We re D o wn t own f Site 49 — SE corner of Main and Exchange. With additional development south of Exchange Street there is the potential for a cart to be viable at this location. The following sites are recommended for relocation to accommodate construction, or address recently completed construction. Site 31 — Move from NW to SE corner of Main and Tupper. Site M4 — Delete "or just South of from description to require truck to locate under I- 190 south of Exchange. The following changes are recommended to the classification of daily sites. D7 — reclassified to E7 to require a lottery with eligibility limited to holders of annual permits. D 10 — reclassified to E10 to require a lottery with eligibility limited to holders of annual permits. D 19 — reclassified to E19 to require a lottery with eligibility limited to holders of annual permits. These changes are reflected on the attached Master Site List and Map. Please feel free to contact me if you have any questions. Yours x nffE�5 Mickel T. Schinand Executive Director p 2013 - 2014 Special District Vending Sites J *) Daily Vending Permit Sites SITE # LOCATION PRODUCT [D] E7 Dunn Tire Park - W. Side Washington Food [D] E10 Dunn Tire ParK - N. Side Swan btw. Ellicott & Wash. Food [D) E19 Convention Center FoodlNon -Food E21 N.E. Corner Washington & Perry Food E22 N. of Perry Btwn. Main & Washington Food E23 — North East corner of Main and Scott. Food E24 — North East corner of Washington and Exchange. Food E25 E. Side Main Btwn. Scott & Perry Food Sites E21 through E25 are awarded by lottery three days in advance. Vendors must enter the lottery at Room 313, City Hall. Lottery is open only to holders of valid annual vending site licenses. Definitions Food- Any food or non -food item Food Only- Food items only. Restricted Food -No hot dogs or sausages. Restaurant Restricted Food - only adjacent businesses may apply. Non - Food -No food items of any kind. Restricted Non -Food - Non - competitive items only. At D8, 011, D23, & D26 no items related to the event at the adjacent venue may be sold. Peddler! Must Keep Moving - Selling balloons, lightsticks, and other non -event related items Can NOT set up a cart. (+) Day or Time Restriction (as follows) Sites 2, 38, and 533 - may not set up before 10:30 pm. Site 21 - During Country Market Season must move to Eagle St Park M sites are suttat me for MObde 1000 1 rucKs. Specialty 1 Vending site rates of 459,bulsq tt apply for tooct truCKS. Site 16 Restricted food items sold from a three - wheeled, peddle- powered vehicle, with the following specifications: Peddler may vend anywhere within the Downtown Special Vending Dlstrict, except as restricted below. Peddler Site — Vendor must keep moving. May not remain in one locatlon except when servicing customers. May not stopivend within 100 feet of businessesivendors selling similar products. May not pass through, or stop within 100 feet of any Special Event Area, including the Downtown Country Market. Peddler may not obstruct sidewalks or other public spaces. Peddler may not operate south of Scott/Marine Drive at any time. All relevant application requirements of the Downtown Special Vending District must also be met. Annual Vending Permit Sites SITE # LOCATION PRODUCT ALLOWED 2 E. side of Franklin, S. of Chippewa. S. of hydrant (+) Food 4 N.W. Corner Main & Huron Food Restricted Food /Non -Food 13 S.E. Corner Main & Court ( +) Restricted Food/Non-Food) [15] [N.W. Corner Peasl &Court] Restricted Food 18 19 Cathedral Park S.W. Corner Main & Church Food Only 20 21 W. Side Main @ Clinton ( +) E. Side Main in front of Brisbane Building (+) Food Food Only 22 N.E. Corner Main & Lafayette Sq. ( *? Food Only 24 N.E. Corner Niagara Sq. & Court Food 26 E. Side Main Stwn. Eagle & Church (middle) Food Only 27 E. Side Main Btwn. Eagle & Church (south) Food Only 29 N.W. Corner Main & Cathedral PI. Food Only 30 S. E. Corner Franklin & Eagle Food Only 31 [N. W.j $.E Corner of Main and Tupper in seating area Food 35 S.E. Side Washington @ Scott Food Only 36 E. Side Delaware @ Eagle Food 38 N.W. Corner Franklin & Chippewa (+) Restricted Food] [39] [S.E. Corner Washington & N. Division] Food 40 N.E. Corner Washington & S. Division Restaurant Restricted Food 41 S.E. Corner Washington & Swan Restaurant Restricted Food 42 S.E. Corner Washington & Swan Restaurant Restricted Food 43 S.E. Corner Washington & Swan Restaurant Restricted Food Restaurant 44 S.E. Comer Washington & Swan 46 [47] Cathedral Park [E. Side Delware between Niagara Sq. & Eagle} Restaurant Restricted Foci [R [48] ]N.W. Corner Franklin & Church] Food] 49 S.E. Corner Main & Exchange pond Food 50 S.E. Corner Delaware & Huron Food 53 S. Side Chippewa at curb W of meter 64 (+) M1 E. Side Main @ Mohawk Restricted Food [Restricted Food] [M2] (Roosevelt Plaza - just west of pole 2131 Restricted Food M3 Fireman's Park -east side of fountain Restricted Food M4 E. Side Main under [or just S. 0 1 11 1 -190 between Washington & Ellicott Restricted Food M6 N. Side N. Division Daily Vending Permit Sites SITE # LOCATION PRODUCT [D] E7 Dunn Tire Park - W. Side Washington Food [D] E10 Dunn Tire ParK - N. Side Swan btw. Ellicott & Wash. Food [D) E19 Convention Center FoodlNon -Food E21 N.E. Corner Washington & Perry Food E22 N. of Perry Btwn. Main & Washington Food E23 — North East corner of Main and Scott. Food E24 — North East corner of Washington and Exchange. Food E25 E. Side Main Btwn. Scott & Perry Food Sites E21 through E25 are awarded by lottery three days in advance. Vendors must enter the lottery at Room 313, City Hall. Lottery is open only to holders of valid annual vending site licenses. Definitions Food- Any food or non -food item Food Only- Food items only. Restricted Food -No hot dogs or sausages. Restaurant Restricted Food - only adjacent businesses may apply. Non - Food -No food items of any kind. Restricted Non -Food - Non - competitive items only. At D8, 011, D23, & D26 no items related to the event at the adjacent venue may be sold. Peddler! Must Keep Moving - Selling balloons, lightsticks, and other non -event related items Can NOT set up a cart. (+) Day or Time Restriction (as follows) Sites 2, 38, and 533 - may not set up before 10:30 pm. Site 21 - During Country Market Season must move to Eagle St Park M sites are suttat me for MObde 1000 1 rucKs. Specialty 1 Vending site rates of 459,bulsq tt apply for tooct truCKS. Site 16 Restricted food items sold from a three - wheeled, peddle- powered vehicle, with the following specifications: Peddler may vend anywhere within the Downtown Special Vending Dlstrict, except as restricted below. Peddler Site — Vendor must keep moving. May not remain in one locatlon except when servicing customers. May not stopivend within 100 feet of businessesivendors selling similar products. May not pass through, or stop within 100 feet of any Special Event Area, including the Downtown Country Market. Peddler may not obstruct sidewalks or other public spaces. Peddler may not operate south of Scott/Marine Drive at any time. All relevant application requirements of the Downtown Special Vending District must also be met. 2014 -2015 Special District Vending fil ■ t NJ .. v X �y D FM DEI 1 1:�ED RY SI a Page 2 of 2 Location rox6nata. kA 0051'1 To: The Common: Council: Date: March 10, 2014 From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 516 ABBOTT (SOUTH) Type in per and [: Lower Case Only _ [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx) Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 516 ABBOTT (SALEH ALYAZEEDIISOUTH BUFFALO FOOD.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE O N LEGISLATION. Tvpe Department Head Name: Type Title: Signature of Department Head: 7C:PS:jd 3� A AO Interdepartmental Memo Date: March 10, 2014 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 516 ABBOTT Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Fire Prevention Building Inspection Police Department Collection Office Application Director Permit & Inspection Services CITY OF BUFFALO F . B OFFICE OF LICENSES ~ 301 CITY HAL BUFFALO, NY 14202 s INSPECTION TYPE: POLICE REFERRED TO: MARGARET OVERDORF APPLICATION FOR: SOUTH BUFFALO FOOD LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FOOD STOKE 0 516 ABBOTT SOUTH COUNCIL DISTRICT SALEH ALYAZEEDI (716)507 -9973 FST13- 10025784 -- - - - - -- - - -- - ------------------- - -------------------- - - - - -- -------------------------------------------- - - - - (TO BE COMPLETED BY AGENC'YIDEpARTMENT REFERRED APPROVED: DATE: DISAPPROVED: DATE: REMARKS: DISTRICT C APPROVED: DATE: a DISAPPROVED: DATE: REMARKS: COMMISSR ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. - REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO SOUTH BUFFALO FOOD FOOD STORE 516 ABBOTT SOUTH COUNCIL DISTRICT SALEH ALYAZEEDI (716)507 -9973 FST13- 10025784 _ -------------------- - - - - -- -- - - - - -- ------------ - - - - -- - (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED A DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: l�I� lei INSPECTOR: r� G `��'1� RM# 2 Z EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. `l INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ** *REASON FOR DISAPPROVAL M_ UST BE STATED BELOW * ** - -- - - -- ------------------------------------ --------------------------- ------- - - - - -- - (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DDATE: �r ' C L DISAPPROVED: D AT_ DISAPPROVAL DATE: REMARKS: INSPECTOR: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING VINCE FERRARACCIO SOUTH BUFFALO FOOD FOOD STORE 516 ABBOTT SOUTH COUNCIL DISTRICT SALEH ALYAZEEDI (716)507 -947 FST13- 1002578 11/6/2013 12:00:00AM RM# 3C�� EXT 3 -- q o Z AFTER INSP ECTION AL TO THE OFFICE OF LICENSES. THANK THIS THANK YOU. CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq. Rm. 301 Buffalo, MY 14202 (716) 851-4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR. LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO. REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. GERALD WHALEN SOUTH BUFFALO FOOD FOODSTORE 516 ABBOTT SOUTH COUNCIL DISTRICT SALEH ALYAZEEDI (716)507-9973 FST13-10025784 -F e b ruary 11, 2014 I �- [ l3 0 --- ---------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) _DATE APPROVED: DISAPPROVED-, DATE. DISAPPROVAL _DATE. ***REASON FOR DISAPPROVAL MUST BE STATED BELOW** REMARKS: EXT INSPECTOR. RM# AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL To THE OFFICE OF LICENSES. THANK YOU. FEES Restalitant 0 2oo.8 rats.... $174.00 - 101'400 seats... $250 0.0 $250.00 P,.ostauraut Takeput .. Catering .. Food Stan X5.04 . me F. $l at, Fish & PoOry t7 yr s) .. a .. 00 Baker/ Q -2 employees '$� •63.00 confeetioii.e�y .3f1O_emmpl0yt+vs.. $105.00 l 1. ZS etn�Iayaes , $IS'7.�}D 26 -5Q eoployees $315-,00 51 -200 giaployeos;. $;525. 0 . S ub - soft m sworn to before me this Of day of s 24 P CottmFsone r: eeds iii ar►d for the City of Buffalo, Npw York a rcooa 0 Public, state ofe�vYolk uaM1124 ie HO Cpunt�: we mmilslen ifacRugustll,20. - 0 o L 4 �1 To: The Common Council: Date: March 10, 2014 4 From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 950 E. FERRY (MASTEN) -- Type in Upper and [: Lower Case Only[ Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xxlxx Text (Ty S in ace Below) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 950 E. FERRY (JABR ABDULMAJID/WNY BROTHERS ENTERPRISES INC.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: J Tyne Title: Signature of Department Head: JC:PS:jd TEF D � I ITE 9 .07NUITTEE ON LEGISLATION. To: The Common Council: From: Department Permit & Inspection Services Division Date: March 13, 2014 Office of Licenses Subject: [: Food Store (New) [: 272 GEORGLA(FILLMORE) Type in Upp and I [ Lower Case Only_ [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xxlxxhcx): Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 272 GEORGIA (NAJI ALZAHERI/GEORGIA.DELI.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PSjd 61 THE ON'UAITTEE ITIO. 35 ?� 6 0()5Gea Interdepartmental Memo Date: March 10, 2014 To: James Comerford, Conunissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 950 E. FERRY Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for >�ood Store application to the Common Council: Fire Prevention Building Inspection � ❑ Police Department ❑ Collection Office Application Director Pe'iit & Inspection Services INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING VINCE FERRARACCIO WNY BROTHERS ENTERPRISES INC FOOD STORE i' 950 FERRY EAST MASTEN COUNCIL DISTRICT JABR ABDULMAJID (716)400 -7040 FST13- 10025947 --------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: \ DATE: ; iD . cD_ . } DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUS 7 T BE STATED BELOW * ** REMARKS: INSPECTOR: RM# XT�� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO a Department of Permit & Inspection Services R Office of Licenses 55 Niagara Sq Rm. 301 r® Buffalo, NY 14202 (716) 851 -4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: 1: _, LT. GERALD WHALEN WNY BROTHERS ENTERPRISES INC FOOD STORE 950 FERRY EAST MASTEN COUNCIL DISTRICT JABR ABDULMAJID (716 )400 -7040 FST13- 10025947 February 06, 2014 DISAPPROVAL REASON: ---------------------------- - - - - -- -------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: - DATE: I J ! DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: <- � �4s ;� RM# EXT 1 3 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. x _ e CIL INSPECTION. TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS:. LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: Fit-mu- CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF WNY BROTHERS ENTERPRISES INC FOOD STORE 950 FERRY EAST MASTEN COUNCIL DISTRICT JABR ABDULMAJID (716)400 -7040 FST13- 10025947 DISAPPROVAL REASON: ---------------------------------------------------------------------------------------------- - - - - -- -------- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: c,-� DATE: APPROVED: DISAPPROVED: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: COMMISSIONER OF POLICE: c 1� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - LICENSE APPLICATION B 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 ° Phone (716) 851 - 4078 Fax (716) 851 - 4952 - Type of Entity ❑ Sole Proprietor ❑ Corporation ❑ Partnalship ❑ Limited Liability Company fee fee fee `Restaurant Take Out $ 88.00 © Restaurant 1 -200 seats $174.00 E3 Restaurant Dance ❑ 201 -400 seats $250.00. ❑ Floor Show $367.5 ❑ 400- seats $350.00 ❑ Live Music $210.00 Food Store $115.00 © Yes ❑ No Selling alcoholic beverages ❑ Mechanical $131.25 e ica e o spec ion (Public Assembly) Restaurant 50+ seats ❑ Public Dance (based on sq ft} [3 Caterer $ 88.00 ❑ Coin Control Amusement ❑ GoGo Dancing $131.25 $210.00 ❑ Bakery. © 0 -2 employees $ 63.00 # games ^ per game $47.25 ❑ Skating Rink $47.25 ❑ Bowling Alley per lane $31.50 ❑ 3 -10 employees $105.00 ❑ Arcade # games _ per game $52.50 # lanes © 11-15. employees $157.00 • Music mechanical • Music live, no dancing $52.50 ❑ Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 • News Stand $63.00 # tables ❑ 51 - 200 employees $525-00 p usiness Phone (116) C� a Corporation Name Business Fax ( ) - Business Name (dba) Brusiness Address (no 1'o Box) SU /Y / a /-5 Mailing Address (if different) G NYS Tax ID # Business Website E -Mail Owner(s)/ Principal Partners Home Phone Applicant (last, first) A Horne Address: (PO Box not acceptable) Date of birth Place of Birth jEe6 - - Home Phone Co- Applicant (last, first) Home Address: (PO Box not acceptable) Place of Birth Date of birth Describe your specific business activity in detail. Z a I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions aid renditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial — For office use only Subscribed and swox'n before me this p, day of t , ,t,6 — 20 - oi ' loner of D -- I of Buffalo As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current'to the best of my knowledge and belief. Print Name 8 A&Vt 1)7 Signature x r - . ' ' �J Date �a V - A licant must be present at time of an ins ections- App No S=l IC M A. Alas Near Public State of New Yark rouniv of Erie k4y ! otnmir, icri - y.'i!�� juira :25, 20- „ Interdepartmental Memo Date: March 13, 2014 To: James Comerford, Commissioner From: . Patrick Sole Jr., Director of Permits &Inspection Services RE: Common Council Communication Food Store at 272 GEORGIA Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Fire Prevention � Building Inspection ; Police Department Collection Office Application Permit & Inspection Services LOW Wolod s sRaoi I - aoo -01 -world 6£ : TT K 3 , -TT-N GRA1303di a r iv r. rrrr wao F CITY OF BUFFALO . 'Department.of peraatt & Ida plop Stn+legs ' ,Oi ce of Licenses 04, 2014 6sMl "301 -- a,w 14202 ATFEB O TO: MARGARET 0VE =FJ A MICATIOk Fak i m9d Debi P e LICE= IVPR. FOOD STM d p '$VS?flM ADM88i 172 OEORGIA LOWITU A T: ' Ca�AL IIJFC'RiL'r� FTLLl�60RE CC�VNgL �TSI'R�CT . /gyp CM1'Y' NAAdE: Noi Ar 5 `7 ai 11PPLICANlPHOM: (716j841�100 AVPZICATMNJRO- FSTJ3•I0026102. RVMVL4L DATE: UNA=. ; ..wt.w...Inw.....I.........w.......w.....w.... ....... ...fl'/I..fIIHI.Il.e..I...19.I.NI see II.f I...I.fI1..111x.ff.fiflN.111H ....... ...I.....f....•..f...1......--•-----+•`_wwwHS.- (TOMCdlln'L TOJWA#=V4WA=WVXf MWnMM =Ol APPBpVBD; , V DMAPPWVED: Dom: k811dA � . D1BTRICI' CAPTAIN: APPR OVID: b * *- bPZAWN PAR D1 OPWVAL BE STATED BELOW • +a COMMSIONER OF POLR RI AFTER WMCTION PLEASE COMPLETE "D RUM TES RBFEuAL TO T1 ffifflCE . OF • LICENSES/ "MR YdV. 09� -3 L000 /L00 @d ESL -1 -wool 6Z:0T PTI -LL -£0 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING VINCE FERRA_RACCIO Georgia Deli FOOD STORE 272 GEORGIA FILLMORE COUNCIL DISTRICT Naji AIzaheri (716)842 -4100 FST13- 10026102 --------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED D ATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM # `t EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I:1 011l El 1 11 DISAPPROVAL REASON: FIRE LT. CHRISTOPHER LASKY Georgia Deli FOOD STORE 272 GEORGIA FILLMORE COUNCIL DISTRICT Naji Alzaheri (716)842 -4100 FST13- 10026102 - - ----------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 r2- /i " //-� ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: (�- ./a -4 �. �-- RM# �' EXT '`i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO Georgia Deli FOOD STORE 272 GEORGIA FILLMORE COUNCIL DISTRICT Naj i Alzaheri (716)842 -4100 FST13- 10026102 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BYAGENCY/DEPARTMENT REFERRED TO) 1` J APPROVED- DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: dr � INSPECTOR: RM4 L � EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - LICENSE APPLICATION ft 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851 -4078 Fax (716) 851 -4952 Type of Entity Sole Proprietor ❑ Corporation ❑ Partnership 11 Restaurant 1 -200 seats ❑ 201 -400 seats ❑ 400f seats ❑ Yss © No. Sellin alcohol e i ca e o nspec ion (Pub l' A bl fee $174.00 ❑ Restaurant Dance $250.00 ❑ Floor Show $350.00 ❑ Live Music lc beverages? ❑ Mechanical -- -- _ e Fish P�itr� $I 5"O: 0 - - -..._ . �c ssern y) Restaurant 50+ seats © Public D d ❑ Coin Control Amusement # games — per game ❑ Arcade # games _ pet game ❑ Music mechanical ❑ Music lave, no dancing ❑ News Stand L: 0 C _ m ❑ Caterer ante (base on sq ft) ❑ Bakery ❑ GoGo Dancing $13I.25 $47.25 i7 Skating Rink $210.00 $47.25 ❑ Bowling Ailey per lane $31.50 $52.50 #lanes $52.50 ❑ Billiard ]Parlor per table $31.50 $63.00 # tables ❑ Caterer $ 88.00 ❑ Bakery ❑ 0 -2 employees $ 63.00 13 3 -10 employees $105.00 ❑ 11 -15 employees $157.00 ❑ 26 -50 employees $315.00 ❑ 51 -200 employees $525.00 Corporation Name n/A :r /. V ./ _ Z p y , ; _ Business Phone Business Name (dba) - , Fr�� � : y�lLc' Business Fax ( ) Business Address (no Po Box) .2 7,; Mailing Address (if different) NYS Tax ID # Business Website B -Mail Owner(s)/ Principal Partners Applicant (last, first) G Z� Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Co-Applicant (last first) Home Phone Home Address: (PO Box not acceptable) Date , of birth Place of Birth Describe your specific business activity in detail. I amt aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial For office use only As an authorized agent of the eniiityidentified above, I certify the Subscribed and sworn before me this information on this form is true, correct, complete and current to the best day ofp&,, 20 of my knowledge and belief. Z Print Name commission f D - City of Buffalo irl—M Signature )C 2 Date App No fT Z Applicant must be Rresent at time of all inspections fee $367.50 $2I0.00 $131.25 ❑ Limited Liability Company fee ❑ Restaurant Take Out $ 88.00 � Food Store . $115.00 4 � � Q d 0 4 1 �' Communication to the Common Council To: The Common Council: Date: March 13, 2014 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Public Dance Hall [: 1210 Broadway [ (new application) Prior Council Reference: (if any) [: Ext. Item No. xxx. C.C.P. xxlxxlxx: Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1210 Broadway for which said renewal application for a Restaurant Dance Class 1V license is being sought Laurie Anderson @ Community Empowerment Organization and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JAMES JC:cap #1 (Rev. 0111993) ORD, COMMISSIONER ON LEGISLATION. n� 9 CITY OF BUFFALO - LICENSE APPLICATION s 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 ° Phone (716) 851 -4078 Fax (716) 851 -4952 - Type of Entity Sole Proprietor ❑ Corporation ❑ Partnership ❑ Limited Liability Company fee fee ❑ Restaurant 1 -200 seats $174.00 ❑ Restaurant Dance fee ❑ Restaurant Take Out $ 88.00 ❑ 201 -400 seats $250.00 ❑ Floor Show $367.50 $350.00 ❑ Live Music $210.00 ❑ Food Store $115.00 ❑ 400+ seats ❑ Yes ❑ No Selling alcoholic bevera es? ❑ Mechanical $131.25 1�iVtat�h- Itr3�$1500 ) er i ica e o nspec ion r (Public Assembly) Restaurant 50+ seats Kublic Dance (based on sq ft) ❑ Caterer $ 88.00 • Coin Control Amusement ❑ GoGo Dancing $131.25 $210.00 ❑ Bakery. ❑ 0 -2 employees $ 63.00 # games _ per game $47.25 ❑ Skating Rink $47.25 ❑ Bowling Alley per lane $31.50 ❑ 3 -10 employees $105.00 • Arcade # games ^ per game $52.50 # lanes ❑ 11- 15.employees $157.00 • Music mechanical • Music live, no dancing $52.50 ❑ Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 • News Stand $63.00 # tables ❑ 51 -200 employees $525.00 ] Business Phone), ) Corporation Name Business Fax Business Name (dba) Business Address (no ro Box) a° Mailing Address (if different) NYS Tax ID # I W-UL Business Website E -Mail af'1►'I 5 �7 Owner(s)1 Principal Parlmers Home Phone ) J� r - 9�1 Applicant (last, first) — Home Address: Box not acceptable) Date of birth Place of Birth Home Phone Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe vour specific business activity in detail./ 9 L/ I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial — For office use only Subscribed and sworn �efore me this 7 day of 20 43 Commissioner of Deeds -- Chy of Buffalo A No GtJ(I � � App i " a 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 afid belieff, n t Print Name L ' CITY OF BUFFALO !� .:... PERMIT & INSPECTION SERVICES t OFFICE OF LICENSES Jars CON ERFORD, Jr. BYRON W. BROWN Commissioner Mayor 65 Niagara Square 301 City Hall, Buffalo, NY 14202 (716) 851 -4078 FAX (716) 851 ci - bu www• — have submitted a License Application(s) I, (print applicant name) II with the City of Buffalo's Office of Licenses at: (business location) I am applying for the following license types: B sign n this affidavit, I do hereby attest to the fact that neither I nor any partners and/or corporate y g and/or ending City of Buffalo Housing Court officers of this business entity have any existing other ro erties owned in the City of Buffalo. proceedings against the property listed above nor any p p I further understand that if, or any reason, the Office of Licenses finds this information to be accurate; that the City of Buffalo reserves the right to deny the issuance of any and all City of m Buffalo Licenses requested to operate this business entity. NEW LICENSE APPLICATION AFFIDAVIT I am aware that it is a violation of city ordinances to operate my business business establishment �i said time that required licenses, and that I must not open and/or operate user Land, that f for any reason, the Office of all the required licenses have been issued. I fillth business establishment to have been open and/or operated prior t o oleo sha11 Of be 1 Licenses d eems my required city licenses, that this shall co nstitute a violet e t0 te business establ' hm nt• cause to deny the issuance of any and all city li censes q X Subscribed and sworn before me this -Z,o day of _20j Commissioner of Deeds in and forth City of Bnffa[o CITY OF BUFFALO INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING KEVIN FITZGERALD COMMUNITY EMPOWERMENT ORGANIZATION DANCE HALL 1210 BROADWAY FILLMORE COUNCIL DISTRICT LAURIE ANDERSON (716 )361 -9597 DAN13- 10025940 REMARKS; /'- Please call first. thank You DISAPPROVAL REASON: --------------------------- ----------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DI ROVED: DATE: DISAPPROVAL DATE: INSPECTOR: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** CITY OF BUFFALO Department of Permit & Inspection Services - Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 m (716) 851 - 4078 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT : COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE : REMARKS: 1' January 09, 2014 LT. CHRISTOPHER LASKY COMMUNITY EMPOWERMENT ORGANIZATION DANCE HALL 1210 BROADWAY FILLMORE COUNCIL DISTRICT LAURIE ANDERSON (716 )361 -9 DAN13- 1002 DISAPPROVAL REASON: --- - - - - - - - - - - - - - - - - - - - -- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DISAPPROVED: DISAPPROVAL Dom- Dom: D�: MUST BE STATED BELOW*** ** *REASON FOR DISAPPROVAL _ � � rte. i' G3 � w -e e 15_ RE 1�1� A u� l►'1LaRir": �VF.Gl RM-4 EXT INSPECTOR: �=� "� AFTER INSPECTION PLEASE COOS LICENSES- HA K YOU REFERRAL TO THE OFFICE - u ALMAU ,ace ep�rimeni LICENSE SHGATION FORM , r v'L 3�_S`.Y ha n.. ;:. ..• -. , .. • � +gin. i . LICENSE TYPE(S): DA W ' APPLICATION Appi<cantlL2ctmsee Name: ly)IYiI� u�Iness After AppIkogLicensee Horne Address: (No., Street) i (City, Town or valage) (Staff) (tip Cade) i Responsible Contact Person �a U phone # 7 G q 3 q - << •g _�__. PiE PLICA 1`IPiiR1VYCSB �IGr It�1VBST`IGATIO Yea No IM0 Parson Interviewed " (name) i (home address) (contaetphmte Premise womafion: V ` Machine J NO endntg (s ) YES (If YES, type ) (CigarRW CaudylDrink •Etc)' _ •' Coin Controlled - Machines) YES V✓ NO (If YES, Type Mart/ Pool Table/ Video games, Etc.) Music OU -Site YES NO .� (if YES, We (Jukebox, Sound System) OFFICEti(S) NAME: V� BADGE # LICENSE NWSTIGATION RESUTS: APPRQVFD DIWMOVEO DISAPPROVAL REASON: i E * ** *Ali DMAPROVALS RUST STATE TIM N FOR DISAPPROVAL AND BE ACCOMPAMED BY ALL SUPPPORTING EVIDENCE (CE. ARREST REI i , 91i REPORTS). � BUFFALO POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO Captain Zagara DISTRICT: C District FROM: Daniel Derenda Commissioner Date to District: 2/20/2014 RE: Li cense Inv estigation Year of License: 2014 Application #: 10025940 Applicant's Name: LAURIE ANDERSON Business Phone: Appl Phone: 939 °9481 License Type: Dance Hail Name: COMMUNITY EMPOWERMENT ORGANIZATION 1210 BROADWAY Please investigate and return to Headquarters - Room 212. The application should be received by date indicated below. Your cooperation regarding this investigation is greatly appreciated. Return date: 2/27/2014 Friday, February 21, 2014 10:54:01 AM CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851 -4078 February 18, 2014 INSPECTION TYPE: POLICE REFERRED TO: MARGARET OVERDORF APPLICATION FOR: COMMUNITY EMPOWERMENT ORGANIZATION LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: DANCE HALL o a o 1210 BROADWAY FILLMORE COUNCIL DISTRICT LAURIE ANDERSON DAN13- 10025940 Please call first. thank you 2ND NOTICE ___ - - - -- ------------------------------------------------------ - - - - -- - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: . DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: a COMMISSIONER OF POLI �✓U AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ry 3 E f '3 's P-147C (REV. 3196) TO BE MAN TO: BWb10 Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM r.� !'� j 0 There Is a $10.00 fee to process this data. By mail, payment MUST be made by money order, 10 NOT seed cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make moncyorder payable to the Buffalo Police Department. Be sure to include a stamped, self- addressed envelope so that this ;information can be maficd to you. Complete all the information fisted beidw aml have your identification and signature verified by a Notary Public (or) CommWonerof Deeds, as listed on the bottom of hi application. Without total compliance to these instructions, you WILL NOT receive the requested informatiou. ALL SIGNATURES MUST BE ORIGMAL NAME OF APPLICANT: 11 MEN NAME: SEX:, �cE: CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: SIGNATURE OF APPLI ANT: ` DATE: p� STATE OF NEW YORK) ` COUNTY OF ERIE ) SS. CITY OF BUFFALO ) j On the ay of }; � �0 1 Before me persaD* appeared To we known to be the same person described in, and who Executed the foregoing Instrument and acknowledged the executions thereof. BUFFALO NY REOM ATrACHED Notary PuiblidCOMEWoner of Deeds BE COMPLETED BY IDENTIFICATION SECTION PER40NNEL W RECORD ATTACHED Q NO RECORD ON FILE VERIFIED BY: DATE VERIpED : ! r� NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTMCATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERUM. NOT VALID f STAMPED. BUFFALO POLICE DEPARTMENT Report Date: 09/20/201313:26 Report Printed By: KING, AMELITE RAP SHEET Page: 1 of 1 N RICI #: 06220982 NYSID #: 06657589 -Q FBI #: 900323LAO Master Name: ANDERSON, LAURIE Sex: Female Master DOB: IdEMEW Race: Black Current Age: 40 Ethnicity: Non- Hispanic Most Recent Address: 47 STEVENS, BFLO NY US Tlo4e Tha Charr,a d:soos;f7o.,R show :,, ho:d hnlew rr.P Arrest Date Booking # Incident # Booking Name First Alias Charges Cts Law Section Sub Att Cl Cat Deg NCIC Descripgon 09/30/1992 92- 00173 -99 IA) BUF 92-027555c ANDERSON, LAURIE 1 PL . 155.25 N A M 0 2399 PETIT LARCENY r. f. +li: is A �. L 1 ##1 (Rev. 1/93) Single Page Communication to he Common Council To: The Common Council: Date: March 13, 2014 From: Department of Economic Development, Permit & inspection Services Division: Office of Licenses -- Subject: [: Second Hand Dealer .561 Delaware aka 85 Allen (Fillmore) T ype in Upper and I [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xx/xx/xx): Text Type- Sin le S ace Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 561 Delaware aka 85 Allen and find that as to form is correct. I have caused an investigation into he premises for which said application for a second hand dealer license is being sought and according to he attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Mary Parker. The attached thereto for Mary Parker. dlblal BLACK CAT VINTAGE. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: J Type Title: Sim re of Department Head: IC:PS Jd ED TO T F 1 1-7 . 0 nMiTTE qu I Interdepartmental Memo Date: March 13, 2014 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 561 Delaware aka 85 Allen Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Second Hand Dealer application to the Common Council: U( Building Inspection 1 L9 Fire Inspection Police Department Police Record Check Application Direct P4mit & Inspection Services D e CITY OF BUFFALO Department of Permit & Inspection Services r_ Office of Licenses 65 Niagara Sq Rm. 301. Buffalo, NY 14202 (716) 851 -4078 INSPECTION TYPE: FIRE REFERRED TO: LT. CHRISTOPHER LASKY APPLICATI LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: January 30, 2014 ON FOR: BLACK CAT VINTAGE SECOND HAND DEALER (j �-- 561 DELAWARE 85 ALLEN FILLMORE COUNCIL DISTRICT j MARY PARKER (716)548 -6820 S14D13- 10025893 1/10/2014 12:0 0: OOAM DISAPPROVAL REASON: ------------------------------------------------------------------------ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: _ .DATE• DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR: ('=� L _. r RM# ? F EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO ; OFFICE OF LICENSES 301 CITY HALT. BUFFALO,.NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING KEVIN FITZGERALD BLACK CAT VINTAGE SECOND HAND DEALER ��� 1GAt 561 DELAWARE OX /-- FILLMORE COUNCIL DISTRICT MARY PARKER (716)548 -6820 SHD13- 10025893 _____ ---------------------------------------- ------------- - - - - -- ------------------------------- - - - - -- - -_ - -- - (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED T APPROVE DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" ** REMARKS: INSPECTOR: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. i i DATE: - 23 M D ` DATE: AL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** R: RM# EXT r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. SECOND HAND DEALER O'75 DRESS: 561 DELAWARE 85 ALLEN 'TRICT: FILLMORE DISTRICT TAME: MARY PARKER HONE: (716)548 -6820 !FNO: SHD13- 10025893 DATE: - 23 M D ` DATE: AL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** R: RM# EXT r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. EAST AURORA POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 08/03/2013 04:24:2 RE: RESPONSE TO REQUEST FOR PRE - EMPLOYMENT BACKGROUND REVIEW TO DETERMINE IF CRIMINAL RECORD INFORMATION IS CONTAINED IN THE CENTRAL POLICE SERVICES ARREST SOOKINGMISTORY SYSTEM. NAME: PARKER, MARY E DATE OF BIRTH: RACE: SEX: ADDRESS: , SOCIAL SECURITY #/: PCN: NYSID: WARRANT /WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR .JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM YOUR AGENCY. THE ERIE COUNTY DEPARTMENT OF CENTRAL POLICE SERVICES CANNOT CERTIFY THAT THE PERSON IDENTIFIED IN THIS REPORT IS THE SAME PERSON BEING CONSIDERED FOR EMPLOYMENT BY YOUR AGENCY. USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION RECEIVED FROM LAW ENFORCEMENT AGENCIES WITHIN ERIE COUNTY. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY .JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. Identity verified by V s a Lieut. Gregory M. Cook Or Chief Ronald J. Krowka Sworn and subscribed before me this day of 20 NO RECORD EAST AURORA POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: CITY OF BUFFALO 65 Niagara Sq. City Hall.Room 301 Buffalo, NY 14202 tin = Phone (715) 851 -4078 Fax (716) 851 -4952 141 All information on this form is public record BUSINESS LICENSE APPLICATION fee fee ❑ Used Car Dealer $262.50 © Tire Handler I $118.00 Tire Storage Information 10 -1000 tires Inside Storage yes _ no Second Hand Dealer $118.00 ❑ Tire Handler It $262.50 Outside Storage yes _ no over 1000 tires; Include NYS Environmental Conservation Law Part 360; storage plan -and 0 Scrap Processor $ 78.75 General Liability Insurance at least $50,000 ❑ Flee Market fee both for personal injury and property damage, 1 -10 tables $ 7 0 Wholesale Junk Dealer $262.50 must contain 10 day cancellation clause with 11-25 tables $155.00 the certificate holder as City of Bulf'alo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation Name Business Phone (°t1Q Business Name (dba) C1/L CAT ��` i4 Business Fax { ) . 'Business Address (,, Po Box) /� l (e s r Mailing Address (if different) Jo 9 - A14 f 1 NYS Tax ID 4 - rr �fi J 0,-'�LL Business Website _1l) b 11 f- -- E -Mail Owner(s)/ Principal P ers Applicant (last, first) — �wek 1� ff Home Phone Home Address: (PO Box not acceptable) is 3 Q 1,tA6eA to Date of birt Place of Birth a i Co- Applica ut (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. o Y e _5 cdla Subscribed and sworn to before me this day of 20 Commissioner of Deeds in and for the City ofBuffalo, New York I am aware of the obligation to provide timely notice of any change in required information, and I have informed all ovwaers, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity 'identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name Signature Date 9// 11 Ail I FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL .PROGRAMMING March 18, 2014 City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 566 PASSED March 18, 2014 Acceptance of Amend to Agmt Btwn EC Probation and Division of Youth Gerald A Chwalinski City Clerk MA 12014 MK OP a 3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 4, 2014 FROM: DEPARTMENT: Division for Youth SUBJECT: [: Acceptance of an Amendment the Agreement between-the- Erie County Probation Department and Divsion of Youth to co- facilitate a series of workshops for Boy's Council Program -The Amendment is to extended the orginal deadline of the contract from December 31, 2013 until April 30, 2014. PRIOR COUNCIL REFERENCE. (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx The County of Erie desires that the City of Buffalo Division for Youth co- facilitate a series of workshops following the One Circle Foundation, Council for Boy's curriculum, along with Erie County Probation Department. The term of this agreement shall commence on January 1, 2013 and shall terminate on December 31, 2013. The program provides workshops for at -risk male juveniles who are referred from the Erie County Probation Department. The Council is a strenghts -based group approach to promote healthy development for boys and young men from ages 12 -18 years old.The Amendment is to extend the the orginal contract from December 31, 2013 until April 30, 2014. SIGNATURE l "� DEPARTMENT HEAD TITLE : Otis T. Barker, Deputy Commissioner 0 l THIS AMENDMENT, made this 21 st day of jebruary 2014 by and between THE COUNTY OF ERIE, a municipal corporation of the State of New York, having an office and place of business at 95 Franklin Street, Buffalo, new York 14202 (the "County ") and CITY OF BUFFALO, DIVISION FOR YOUTH, a municipal corporation of the State --- of New - York laving an office and principal place of business at Buffalo City Hall, 65 Niagara Square room 2301, Buffalo, NY 14202 (hereafter the "Consultant") WHEREAS, on or about April 10, 2013, acting by and through its Probation Department (the" Department "), the County entered into an agreement with Consultant (the "Agreement ") referenced by document number 13- 528 -PR (attached hereto as Exhibit A); and WHEREAS, the term of the agreement was for a period of one year, commencing on January 1, 2013 and continuing through December 31, 2013, with an option, at the County's sole discretion, of no more than two one year renewal options. WHEREAS, the County would like to exercise its extension option under the terms of the Agreement for the period of January 1, 2014 through April 30, 2014. WHEREAS, pursuant to its passage of Item No. , dated , the City of Buffalo Common Council has authorized the execution of this Agreement for continued performance of the services. NOW THEREFORE, in consideration of the promises and covenants herein, the parties agree as follows: i . The Agreement between the County and Consultant is hereby extended for a period of four (4) months commencing on January 1, 2014 and continuing through April 30, 2014. 2. Except as otherwise provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. 3. This Amendment shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. \� 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment. THE COUNTY OF ERIE CITY OF BUFFALO, DIVISION FOR YOUTH By: -- - --Mark Poloncarz/Richard Tobe County Executive/Deputy County Executive Approved as to content RV, r Brian McLaughlin Commissioner, Probation Approved as to Form By: Gregory P. Kammer, Esq. Assistant County Attorney Doc. No, Date B Otis T. Barker Deputy Commissioner, Community Services & Recreation, Division for Youth By: Byron W. Brown Mayor of the City of Buffalo x. �� `�. SAS • rporat on o e1 �-, Ii ) `` 7 1 _Brian McLaughlin Commissioner County .of Erie Mark C. Poloncarz County Executive Department of Probation July 19, 2013 Kathy Isch Program Coordinator Buffalo City Hall Division for Youth 65 Niagara Square, room 2301 Buffalo, New York 14202 Dear Kathy, Ysaias Feliz Deputy Commissioner Attached is an original executed copy of the contract for the Council of Boys Project. I have also emailed a PDF copy as well. I just need you to confirm the remittance details -- who do checks get made out to? Where do we send them? The county vendor file has numerous "City of Buffalo' entries so it wasn't clear which on to use. Thanks! incerely, ' Kathleen PilecZi Grant Specialist One Niagara Plaza, Buffalo, New York 14202 -3492 (716)858 -8200 Fax (716)858 -8194 Internet — www.erie.gov THIS AGREEMENT made the 10th day of April 2013 byand between THE COUNTY OF ERIE, a municipal corporation of the State of New York, having an office and place of business at 95 Franklin Street, Buffalo, New York 14202 (hereafter the "County') and CITY OF BUFFALO, DIVISION FOR YOUTH, a municipal corporation of the State of New York, having an office and principal place of business at Buffalo City Hall, 65 Niagara Square room 2301, Buffalo, NY 14202 (hereafter the "Consultant') WHEREAS, pursuant to New York General Municipal Law, Article 5 -g, Section 119-o municipalities have the authority to enter into- inter - municipal agreements and jointly perform services regarding subjects each separately has the powerto perform, and this agreement is made pursuant to that law; and WHEREAS, the County of Erie desires that the City of Buffalo, Division for Youth co- facilitate a series of workshops following the One Circle Foundation, Council of Boys curriculum, along with the Eric County Probation Department; and WHEREAS, this Agreement is voluntary and will not be construed as to interfere with or diminish any municipal powers, authority, or regulatory authority of either the City of Buffalo or the County of Erie; and WHEREAS, the City of Buffalo and the County of Erie believing it to be the best interest of the taxpayers of the respective municipalities do hereby anthod= the entering of this inter - municipal cooperation and assistance with and between each other for the provision of services described herein; and WHEREAS, pursuant to its passage of Item. No. a dated t�-Y3 the City of Buffalo Common Council has authorized the execution ofthis Agreement to perform th aforesaid services; and NOW, TEWIWORIE, based upon the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt, and sufficiency of which is hereby acknowledged, the parties do hereby covenant and agree 4s follows: W>I_TNESSETH FIRST The Consultant shall provide fae3litatiou services, as more fully - described in Schedule "A ", which is attached hereto and made a part hereof (the "Work "). The Work shall be carried out by the Consultant in accordance with current industry standards and trade practices. SECOND: The term of this Agreement shall commence on January 1, 2013 and shall terminate on December 31, 2013, unless terminated earlier pursuant to the provisions of this A emen wi The Consultant shall report to the County on its progress toward completing the Work, as the Commissioner of Probation may request, and shall immediately inform the Commissioner of Probation in writing of any cause for delay in the performance of its obligations under this Agreement. The Consultant shall properly maintain a detailed daily log relative to the services rendered for which compensation is to be paid by the County pursuant to the terms of this Agreement, which shall be submitted on a monthly basis. This log shall include, but not be limited to, the following: 1. Date. 2. Names and titles of employees rendering service. 3. Nature of service rendered. 4. Required time expended. For the Work to be performed pursuant to Paragraph "FIRST," the Consultant shall be paid an amount not -to- exceed eight thousand nine hundred ($8,900.00) dollars, in the manner and at the rates set forth in Schedule "A", which is attached hereto and made a part hereof. Except as otherwise expressly stated in this Agreement, no payment shall be 2 made by the County to the Consultant for out -of- pocket expenses or disbursements made in connection with the services rendered or the work to be performed hereunder. Any and all requests for payment to be made, including -any request for partial payment if such is permitted hereunder, shall be submitted by the Consultant on properly executed payment vouchers of the County and paid only after approval by the Commissioner of Probation. All payment vouchers must be accompanied by a numbered invoice and must contain the invoice number where indicated. All'invoices submitted during each calendar year shall utilize consecutive numbering and be non - repeating. In no event shall final payment be made to the Consultant prior to completion of all Work and the approval of same by the Commissioner of Probation. The Consultant shall, at no additional charge, furnish all labor, services, materials, o pp antes necessary o comp ete a Work, unless specific additional charges are expressly permitted under this Agreement. It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement, in no event shall total payment to the Consultant exceed the not -to- exceed amount set forth above. FOURTH: Prior to the making of any payments hereunder, the County may, at its option, audit such books and records of the Consultant which are speoifrcally related to this Agreement to substantiate the basis for payment. The County shall, in addition, have the right to audit such books and records subsequent to payment, if such audit is commenced within one year following termination of this Agreement. EM: The parties recognize and acknowledge that the obligations of the County under this Agreement are subject to the County's receipt of funds from New York State, Division of Criminal Justice Services to operate the Juvenile Accountability Block Grant .Program, and that no liability shall be incurred by the County beyond the monies made available from New York State, Division of Criminal Justice Services for this Agreement. The Consultant agrees that the County shall not be liable for any of the payments hereunder unless and until the County has received said funds. , tl If, for any reason, the full amount of said funds is not paid over or made available to the County by New York State, Division of Criminal Justice Services, the County may terminate this Agreement immediately or reduce the amount payable to the Consultant, in the discretion of the County. The County shall give prompt notice of any such termination or reduction to the Consultant. If the County subsequently offers to pay a reduced amount to the Consultant, then the Consultant shall have the right to terminate this Agreement upon reasonable prior written notice. This Agreement is also subject to further financial analysis of the impact of any New York State Budget (the "State Budget ' ) proposed and adopted during the term of this Agreement. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances, After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Consultant, then the Consultant shall have the right to terminate this Agreement upon reasonable prior written notice. SIKTH_: (a) The County, upon ten (10) days' notice to the Consultant, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Consultant shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "A ". Upon receipt of notice that the County is terminating this Agreement in its best interests, the Consultant shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner of Probation, and the Consultant shall direct any approved sub consultants to do the same. In the event of dispute as to the value of the Work rendered by the Consultant prior to the date of termination, it is understood and agreed that the Commissioner of probation shall determine the value of such Work rendered by the Consultant, The Consultant shall accept such reasonable and good faith determination as final. ... (b) In the event the County determines that there has been a material breach by the Consultant of any of the terms of the Agreement and such breach remains uncured for two business days after service on the Consultant of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Consultant. Without limiting the foregoing, upon written notice to the Consultant, repeated breaches by the Consultant of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. SEVENTH: The Consultant agrees: that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, (a) the Consultant shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Consultant or third parties under the direction or control of the Consultant; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action arising out of this Agreement and to bear all other costs related thereto. EIGHTH,} The Consultant expressly agrees that neither it nor any consultant, sub consultant, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status or any other status protected by New York State or Federal Iaws during the term of or in connection wick this Agreement, NINTH: The Consultant shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations. The Consultant shall further comply, at its own expense, with all applicable rules, regulations and licensing requirements 5 ,�p pertaining to its professional status and that of its employees, partners, associates, sub consultants and others employed to render the Work hereunder. TENTS; All records or recorded data of any kind compiled by the Consultant in completing the Work described in this Agreement, including but not limited to written reports, studies, - drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all -- other similar recorded data, shall become and remain the property of the County. The Consultant may retain copies of such records for its own use and shall not disclose any such information without the express written consent of the Commissioner of Probation. The County shall have the right to reproduce and publish such records, if it so desires, at no additional cost to the Consultant. ELEVENTH: The Consultant shall not delegate any duties or assign any of its o e prior express wntten consent of the County. The Consultant shall not subcontract any part of the Work without the written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Work under this Agreement without the prior express written consent of the County is void. All subcontracts that have received such prior written consent shall provide that sub consultants are subject to all terms and conditions set forth in this Agreement. It is recognized and understood by the Consultant that for the purposes of this Agreement, all Work performed by a County - approved subcontractor shall be deemed Work performed by the Consultant and the Consultant shall insure that such subcontracted work is subject to the material terms and conditions of this Agreement. TWELYM: The Consultant and the County agree that the Consultant and its officers, employees, agents, contractors, subcontractors and/or consultants are independent contractors and not employees of the County or any department, agency or unit thereof in accordance with their status as independent contractors, the Consultant covenants and agrees that neither the Consultant nor any of its officers, employees, agents, contractors, subcontractors and/or consultants will hold themselves out as, or claim to be, officers or employees of th County or any department, agency or unit thereof. 6 s ° T_HIRnOTH: Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of any Work or the payment of any fee or reimbursement due hereunder with knowledge of a breach of any term or condition hereof; shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. FOURTEENTH: All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage prepaid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Brian McLaughlin, Commissioner Probation Department I Niagara Plaza Buffalo, New York 14202 with a copy to: County Attorney 95 Franklin Street, Room 1634 Buffalo, New York 14202 To the Consultant: Otis T. Barker Deputy Commissioner, Community Services & Recreation Division for Youth. Buffalo City Hall 65 Niagara Square Room 2301 Buffalo, NY 14202 „FIFTIJENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. 7 1 , In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. SIXTEENTH: Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. SEVENTEENTH: The Consultant recognizes that this Agreement does not grant the Consultant the exclusive right to perform the Work for the County and that the County may enter into similar agreements with other consultants on an "as needed" basis. EIGHTEE H: The Consultant shall use all reasonable means to avoid any conflict of interest with the County and shall immediately notify the County in the event of a conflict of interest. The Consultant shall also use all reasonable means to avoid any appearance of impropriety. NINETEENTH: This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Erie. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. 9 M TWENTIETH: This Agreement shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, The County of Erie and the Consultant have caused this Agreement to be executed. THE COUNTY OF ERIE CITY OF BUFFALO, DIVISION FOR YOUTH B y . ° l Mar APo1on Tobe County Executive/Deputy County Executive Approved as to content By: / Brian McLaughlin Commissioner, Probation Approved as to Form By: Gregory P. Kammer, Esq. Assistant County Attorney Doe_ No Date 6/ Otis T. Barker Deputy Commissioner, Community Services & Recreation, Division for Youth By: Byron rown Mayor of the City of Buffalo APPROVED AS TO FORM ONLY orpo`r on d A 71 41,-1613 9 SCHEDULE "A" SCOPE / SPECMCATIONS Workshop Facilitation: The City of Buffalo, Division for Youth, Program Facilitator, Kathy Isch $6,240 will co-facllitate a series of workshops following the One Circle Foundation, Council of Boys curriculum, along with an Erie County Probation Department Probation Officer. Mrs. Isch will arrange for an appropriate classroom style meeting space in the City of Buffalo on a transportation line. Each workshop series will consist of (10 -12) weekly structured meetings with no more than 12 male juvenile probationers. The workshops will be 2 hours in length, In addition: one (1) hour perweek will be allotted for planning, preparation, and recordkeeping. One (1) hourtotal per program set up (.5) and cleanup (5) per week ion — wff Fe scheduling allows, a fourth session will be scheduled and has been budgeted. A sign in sheet for each workshop will be maintained that includes that date, and signature of the participants. Mrs. Isch's hourly salary $39.00 per hour 4 hours X 10 weeks = 40 hours per series x 39.00 = $1560 $1560 x 4 sessions = $6,240 Mileage: (not to exceed $500) $500 Mileage to and from training site @ the federal reimbursement rate (currently. 5650 per mile) = Refreshments Grant work plan allows for refreshments @ approx. $50 per week $2,160 not to exceed $2,160 for project since the training is conducted over the dinner hour. Mrs. Isch or her representative will arrange for delivery and payment of refreshments and be reimbursed by grant funds. Original receipts that include the date, description, and cost, along with the training sign in sheet need to be submitted with the invoice. Total $ 8,900 V -� Sc uLE „Br, STANDARD IN SCE P UVISIONS Self- Insured Statement -- County of Erie The County of Erie is self- insured as to its liability arising out of this Agreement. Self-Insured Statement — City of Buffalo, The City of Buffalo is self-insured as to its liability arising out of this .Agreement. Acceptance of an Amendment to the Agreement between Erie County Probation and the Division for Youth (Comm Services) Mr. Smith moved: That the above item be, and the above communication from the Deputy Commission of the Division for Youth, Department of Community Services, dated March 4, 2014, be received and filed; That the Common Council hereby authorizes the Deputy Commissioner of the Division for Youth to accept an amendment to the agreement between the Erie County Probation and the Division for Youth to co- facilitate a series of workshops with the Boy's Council Program. The program provides workshops for at -risk male juveniles who are referred from the Erie County Probation Department. The amendment to this agreement is to extend the original contract date from December 31, 2013 until April 30, 2014. PASSED C: \Users\lr oinski\ AppDatal LocalwMicrosoft \Windows\Temporary Internet Files\Content.0utlook10X32QVW6 \Agreement - Erie Co Probation and the Division for YouthAcex 0 *AYE* NO * FONTANA * * * FRANCZYK * * * GOLOMBEK * * * LOCURTO * * PRIDGEN * * * RIVERA * * * SCANLON * * SMITH * *_ WYATT [MAJ- 51 [213 - 6] [314 - 7] a 0 1 FROM THE CITY CLERK March 18, 2014 Q03ej ~ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 13, 2014 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown [ :Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxx/xx Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Thursday, March 13 and Friday, March 14, 2014. I hereby designate Corporation Counsel Timothy Ball to perform the Mayor's duties in my absence. SIGNATURE IS Byron W. Brown DEPARTMENT HEAD TITLE: Mayor, City of Buffalo 0 CI 5G CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRACT 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 uadersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or 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? (CHECK 6NE) YES V NO 6, DATE OF ONE -TIME EVENT 7. IS THIS A RECURRING EVENT (CBEcK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND .10. START TIME AND END TIME OF EVENT START END DEFERRED T TWE G'+o,u @ EE Revised April 2012 L GI TM. CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511-68.6 of the Code of the City of Buffalo, the uadersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF APPLICANT �G 2. BUSINESS ADDRESS 7z , 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5. 1S THIS A ONE -TIME EVENT? CHECK O NE) YES NO 6. DATE OF ONE -TIME EVENT' 7. IS THIS A RECURRING EVENT (CHECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10. START TIME AND END TIME OF EVENT START l„� END Revised April 9, 2012 LE I TION. Lk� CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF APPLIC T 2. BUSINESS ADDRESS ! 3. EVENT ADDRESS (if different) 4. NAME OF EVENT r 5. IS THIS A ONE -TIME EVENT? (CHECK ONE) Zs_ NO G. DATE OF ONE -TIME EVENT X4 // ----_ 7. IS THIS A RECURRING EVENT (CHECK. ONE) YES NO S. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10. START TIME AND END TIME OF EVENT START END ON 'LEGISLATM. Revised April 9, 201.2 CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the uadersigned hereby makes . application to the Common Council of the City of Buffalo for a permit to bold 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 �GI! 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5. IS THIS A ONE-TIME EVENT? (C O NE) YES . NO 6. DATE OF ONE -TIME EVENT` 7. IS THIS A RECURRING EVENT (cxECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND TIME AND END TIME OF EVENT START 14 END .10. STAR T ON LEUSLATION. Revised April 9, 2012 1 t No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 367 Connecticut The Black Shiip Rest & Bar The Igloo WNY LLC 716 Swan St Hydraulic Hearth Larkin Square LLC 175 Allen St ABV Sabre Avalanche Group LLC 1216 S. Park Ave 1216 S. Park Ave English Pork Pie Co. 47 E. Mohawk St Buffalo Mohawks Plaee Bufffalo's Mohawk Place LLC 1738 Elmwood Ave 1738 Elmwood Ave Events at the Foundry. LLC RECEIVED AND FILED March 18, 2014 0� Q�la 11/13/2013 OFFICE USE ONLY v% 49 0 Original 0 Amended Date ly State of New York Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Executive Department Division of Alcoholic Beverage Control Local, Municipality or Community Bodrd State Liquor Authority [P.g,ge 1 of 2 of Form) 1. Date Notice was Sent: (mm/dd/yyyy) 2. Select a type of Application that will be filed with the Authority for an On- Premises Alcoholic Beverage License ew 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 Applicant /Licensee Information 4, License Serial Number, if not a New Application: Expiration Bate, if not a New Application: 5. Applicant or Licensee 6. Trade Name (if any): 7. Street Address of Estal 8. City, Town or Village: 4 a ,NY Zp Code : =e_ 9. Business Telephone Number of pplicant/Licensee: f , G _ _ . 10. Business Fax Number of Applicant/Licensee: 11. Business E -mail of Applicant/Licensee: 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 X1_iquor, Wine & Beer 13. Extent of Food Service: ( "X" One) 14. Type of Establishment: ( "X" all that apply) Restaurant (Sale of food primarily, Full Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol food menu; Kitchen run by chef) ❑ sales primarily; Meets legal minimum food availability requirements Recorded Music ❑ Live Music ❑ Disc Jockey ❑ Juke Box ❑ Karaoke Bar ❑ Stage Shows ❑ Patron Dancing (small scale) ❑ Cabaret, Night Club (barge Scale Dance Club) ❑ Catering Facility ❑ Capacity of 600 or more patrons []Topless Entertainment. XRestaurant . ❑ Flotel F Recreational Facility (Sports Facility/Vessel) ❑ Club (e.g. GolfClub /Fraternal Org.) [] Bed & Breakfast Seasonal Establishment 15. Licensed Outdoor Area: ( "X" all that apply) ❑ None Patio or Deck F] Rooftop F] GardenXrounds [] Freestanding Covered Structure E] Sidewalk Cafe ❑ Other (specify): Page 2 Print Form:. OFFICE USE ONLY - 49 ,��pla -rev 11/13/2013 O Original 0 Amended Date - State of New York Standardized NOTICE FORM for Prodding cal Mu 30 -Da Advanced Notice to a 1= xecu #ive Department lon ic Ala ll or om 5C —0m Board r��np 7 o f 2 of Farrel Division of Alcoholic Beverage Control — State Liquor Authority 16. List the floor(s) of the building that the establishment is located on: I` € r 17. List the room number(s) the establishment is located in within the building, if appropriate: E_ 18. Is the premises located with 500 feet of three or more on- premises liquor establishments? ❑ Yes No e license holder or a manger be physically present within the establishment during all hours of operation? Yes ❑ N 19. Will th the building ,�.,� in which the establishment is located? ( "X" One) ❑ Yes (If Yes SKIP 21-24) 0 No 20. Does the applican t or licensee own Il �, A owner of the Buffiing in Which the Licensed Establishment is Located 21. Building Owner's Full Name: 22. Building Owner's Street Address: State: }' Zip Code • Ti � 23. City, Town or Village: J_-x 24. Business Telephone Number of Building Owner: "`" " T � - resenting the Applicant in Connection with the Applicant's License Application Noted as Above for the Attorney Representing Establishment Identified in this Notice 25. Attorney's Full Name: 26. Attorney's Street Address: State: Zip Code: 27. City, Town or Village: 28. Business Telephone Number of Attorney: 29. Business Email Address of Attorney: I am the applicant or hold the license or am a principal 05 the legal in submitted documents r r Represent relied upon by the Authoritwhen in this form are in conformity with representation granting the license. i understand that representations made in I cation or revocation Icensed that false representations may result in disapproval of the app By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. Title 30. Printed Name: .. Signature: X Page 3 I?rnt Form . rev 10/23/13 OFFICE USE ONLY \7> 4� Q Original 0 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 State Liquor Authority LEaAe 1 of 2 of Form) 1. Date Notice was Sent: (mm /dd /yyyy) . 03/05/2014 2. Select the type of Application that will be filed with the Authority for an On- Premises Alcoholic Beverage License ?C❑ 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 Office of the City Clerk of the City of Buffalo Applicant /Licensee Information 4. License Serial Number, if not New Application: N/A Expiration Date, if not New Application: N/A 5. Applicant or Licensee Name: Larkin Square LLC 6. Trade Name (if any): jHydraulic Hearth 7. Street Address of Establishment: 716 Swan Street 8. City, Town or Village: Buffalo ,NY Zip Code :14210 4. Business Telephone Number of Applicant /Licensee: 716- 362 -2678 10. Business Fax Number of Applicant /Licensee; 716 -362 -2672 11. Buisness E -mail of Applicant /Licensee: Joep @larkindg.com For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and diagram of proposed a Iteration (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 ❑X Liquor, Wine & Beer 13. Extent of Food Service: ( "X" One) 14. Type of Establishment: ( "X" all that apply) 15. Licensed Outdoor Area: ( "X" all that apply) Restaurant (Sale of food primarily,- Tavern /Cocktail Lounge /Adult Venue /Bar(Alcohol Full food menu; Kitchen run by chef) ❑ sales primarily; Meets legal minimum food availability requirements) Z Recorded Music 0 Live Music ❑ Disc Jockey ❑ Juke Box ❑ Karaoke Bar ❑ Stage Shows ❑ Patron Dancing (small scale) ❑ Cabaret, Night Club (Large Scale Dance Club) ❑ Catering Facility ❑ Recreational Facility (Sports Facility/Vessel) ❑ Club (e,g. Golf Club /Fraternal Org.) ❑ Bed & Breakfast ❑ Seasonal Establishment ❑ None ❑X Patio or Deck ❑ Rooftop ❑ Garden /Grounds ❑ Freestanding Covered Structure ❑ Sidewalk Cafe [] Other (specify): Page 1 rev 10/23/13 OFFICE USE ONLY 49 O Original O Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a , Sx oard Executive Department Lo {^ Mtinl� or Communit Division of Alcoholic Beverage Control ( Pag e - 2 of 2 of Form State Liquor Authority 16. List the floor(s) of the building that the establishment is located on: IGround floor 17. List the room number(s) the establishment is located in within the Entire first floor building, if appropriate: 18. Is the premises located with 500 feet of three or more on- premises liquor establishments? ❑ Yes ❑X No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? JR� 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) Na Owner of the Building in Which the Licensed Establishment is Located 21, Building Owner's Full Name: IMIll Race Commons, LLC 22. Building Owner's Street Address: 726 Exchange Street, Suite 825 State: NY Zip Code: 14210 23. City, Town or Village: Buffalo 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: IDavid A. LoTempio, Esq., Kavinoky Cook LLP 26, Attorney's Street Address: 726 Exchange Street, Suite 800 27, City, Town or Village: Buffalo State: NY Zip Code :14210 28. Business Telephone Number of Attorney: 716- 845 -6000 29. Business Email Address of Attorney: dlotempio @kavinokycook.com 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. 30. Printed Name: Joseph A. Petre la Title President Signature: X Page 2 W ff vii LLP March 5, 2014 Via Certified Mail Return Receipt Requested Gerald Chwalinski Office of the City Clerk City of Buffalo 1308 City Hall Buffalo, New York 14202 Re: 30 -Day Advance Original Application Notice Form - Application of Larkin Square LLC for New York State Liquor Authority License Dear Mr. Chwalinski: Enclosed please find the 30 -day Advance Original Application Notice Form of Larkin Square LLC. Please be advised that Larkin Square LLC will be submitting an application to the New York State Liquor Authority for'an on premises liquor license. Thank you. DAL /bat Enclosure Respectfully submitted, KAVINOKY COOK LLP David A. LoTempio Certified Mail # 7008. 0500 -0000- 1141 - 9439 425034.1 726 EXCHANGE STREET SUITE 800 BUFFALO, NY 14210 full spectrum business law DEL 716.845.G000 FAX 7.16.845.6474 Y REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 03/07/2014 To the Mayor of the City of Buffalo Please be advised that a waiver of the 30 day notification is being requested by SABRE AVALANCHE GROUP LLC dba ABV located at 175 ALLEN STREET, BUFFALO, NY 14201 for an ON PREMISES LIQUOR, BEER AND WINE license. This request is made to expedite the licensing process. The principle for this application is: D1NO DE BELL 343 PARKSIDE BUFFALO, NY 14214 716- 863 -9966 LANDLORD: 177 ALLEN LLC DFNO DE BELL 343 PARKSWE BUFFALO, NY 14214 716- 863 -9966 Thank You, If such waiver is granted, please fax, a -mail or forward it to: Robert Heil Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg, NY 14075 FAX: 866 -910 -5025 E-MAIL: myteambob @gmail.com If you have any questions please contact me at 716 -512 -5018 opla -rev 11 /13/2013 OFFICE USE ONLY T, 1\ 49 0 Original Q Amended Date Executive Department State New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Division of Alcoholic Beverage Control Local Municipality or community Board State Liquor Authority ( Page 1 of 7 of Form 1. Date Notice was Sent: (mm /dd /yyyy) 03/07/2014 2. Select the type of Application that will be filed with the Authority for an On- Premises Alcoholic Beverage License ® 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 BUFFALO Applicant /Licensee information 4. License Serial Number, if not a New Application: PENDING Expiration Date, if not a New Application: S. Applicant or Licensee Name: SABRE AVALANCHE GROUP LLC 6. Trade Name (if any): JABV 7. Street Address of Establishment: 175 ALLEN STREET 8. City, Town or Village: BUFFALO AY Zip Code ;14201 9. Business Telephone Number of Applicant /Licensee: 716 - 863 -9966 10. Business Fax Number of Applicant/Licensee. 11. Business E -mail of Applicant /Licensee: DINODEBELL @YAHOO.COM For Now 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) g Beer Only ❑ Wine & Beer only ® Liquor, Wine & Beer Restaurant (Sale of food primarily; Full Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol 13. Extent of Food Service: VX' One) ® food menu; Kitchen run by chef) ❑ sales primarily; Meets legal minimum food availability requirements ® Recorded Music ❑ Live Music ❑Disc Jockey [] hike Box [] Karaoke Bar F] Stage Shows n Patron Dancing (small scale) ❑ Cabaret, Night Club (Large Scale Dance Club) [] Catering Facility 14. Type of Establishment: ("X" all that apply) IS. Licensed Outdoor Area: ("X" all that apply) [1 Recreational Facility (Sports FacilityNessel) ❑ Club (e.g. Golf Club /Fraternal Org.) [] Bed & Breakfast Seasonal Establishment [] Norse ® Patio or peck [] Rooftop ❑ Garden /Grounds ❑ Freestanding Covered Structure Sidewalk Cafe L] Other (specify): page 2 49 opla -rev 11/13/2013 OFFICE USE ONLY O Original O Amended Date State of New York Standardized i1 FORM for Providing 3Q-Da Advanced Notice to a Executive Department I o[al Munic� atilt or Community Board Division of Alcoholic Beverage Control (pane 2 of 2 of Form) State Liquor Authority 16. List the floor(s) of the building that the establishment is located on: 15T 17. List the room number(s) the establishment is located in within the DINING, KITCHEN, BAR, STORAGE building, if appropriate: 18, is the premises located with 50o feet of three or more on- premises liquor establishments? ® Yes ❑ No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? ® Yes ❑ No 20. Does the applicant or licensee own the building in which the establishment is located? ('% ' One) ❑Yes (IfYes SKIP 21 -24) ®No owner of the Building in Which the Licensed Establishment Is Located 21. Building Owner's Full Name: 177 ALi 1 N i_LC 22. Building Owner's Street Address: 175 ALLEN STREET 23. City, Town or Village: BUFFALO State: 24. Business Telephone Number of Building Owner: 716 - 863 -9966 NY Zip Code : 14201 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. 26. Attorney's Street Address: 27. City, Town or Village: State: 28. Business Telephone Number of Attorney: 29. Business Email Address of Attorney: E= Zip Code 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 farm are inconformity 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. 30. Printed Name: DING DEBELL Title LLC MEMBER Signature: K Page 3 rev 10/23/13 �LoA FICE U5E ONLY 49 �\ El ginal Date State of New York dardized NOTIC O RM for Local Mun t or t Board Executive Department Division of Alcoholic Beverage Control {Page 1 of 2 of Form) State Liquor Authority 1. Date Notice was Sent: (mm /dd /yyyy) G o i jd 2. Select the type of Application that will be filed with the Authority for an On- Premises Alcoholic Beverage License New Application ❑ Renewal ❑ Alteration ❑ Corporate Change VN 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 Gt21 LG U iV_T y Applicant /Licensee Information A{ n iraji �l�tn II L n�Jt'N ° i=V �n r. ' \�I.'��.: ;r €::r' �. U ;ce €�.se Serial Numl,;er, if not Ne',j Applic.'tir:n p _ —_— -- —� 5. Applicant or Licensee Name: c N G_ Ut S l-1 t o ?_ t� i� CA P i� N � iii 6. Trade Name (if any): 7. Street Address of Establishment: 1� Io ScU -1H �'(tk �V& ,NY Zip Code : t 4 ZZ.CJ 8. City, Town or Village: SU � , CPvUO 9. Business Telephone Number of Applicant /Licensee: E t b $ ),3 3 - 1 - 7;t- 10. Business Fax Number of Applicant /Licensee: N A 11. Buisness E-mail of Applicant /Licensee: int o �en v _ `LCO Sly �" "�` Gm 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 ❑Liquor, Wine &Beer Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol Restaurant (Sale of food primarily; ❑ sales primarily; Meets legal minimum food 13. Extent of Food Service: ( "X" One) Full food menu; Kitchen run by chef) availability requirements) ❑ Recorded Music ❑ Live Music ❑ Disc Jockey ❑ Juke Box ❑ Karaoke Bar ❑ Stage Shows ❑ Patron Dancing (small scale) [:]Cabaret, Night Club (Large Scale Dance Club) "Catering Facility 14. Type of Establishment: ❑ Capacity of 600 or more patrons ❑ Topless Entertainment IV' Restaurant '0, Hotel ( "X" all that apply) ❑ Recreational Facility (sports FacilityNessel) L] Club (e.g. Golf Club /Fraternal Org.) ❑Bed &Breakfast ❑ Seasonal Establishment [ Garden /Grounds E] Freestanding Covered Structure F None ❑ Patio or Deck [] Rooftop 15. Licensed Outdoor Area: ❑ ( "X" all that apply) Sidewalk Cafe ❑Other (specify ): Page 1 Pirat -- _ F.f STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law TO: Applicant Address and Princi i Residence Address Communit. Boardimunici aiit : Buffalo's Mohawk Place LLC Office of the City Clerk Buffalo Mohawks Place 1308 City Hall 47 E. Mohawk St. Buffalo, NY 14202 Buffalo, NY 14203 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: NYS Liquor Authority 3/13/2014 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo. NY 14203 An on- premises liquor license application was filed on 2/2412014 with the State Liquor Authority for the following premises: Applicant's Serial 1 3154542 Number and Name: Buffalo's Mohawk Place LLC Premises Address: 47 E. Mohawk St. Buffalo. NY 14203 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. STATE LIQUOR DATE: Februa 26 2014 BY: v munds, Deputy FORM: L.0.3 (5111) mam opl'�- rev'fl /13 /2013 OFFICE USE ONLY 49 O Original 0 Amended Date ` 0 State of New York Executive Department Standardized NOTICIE" FORM for Providing 30 -Day Advanced Notice to ;. v Division of Alcoholic Beverage Control Local Municipality or Community Boarc State Liquor Authority (Page 1 of 2 of Form 1. Date Notice was Sent: (mm /dd /yyyy) I Marck 11 < 20 2. Select the type of Application that will be filed with the Authority for an On- Premises Alcoholic Beverage License New Application ❑ Renewal [] Alteration n 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 a New Application: Expiration Date, if not a New Application: 5. Applicant or Licensee Name: Events at the Foundry, LLC 6. Trade Name (if any): 7. Street Address of Establishment: 1738 Elmwood Avenue 8. City, Town or Village: Buffalo MY Zip Code : 14207 9. Business TelephoneNumberofApplicant /Licensee: 1 010 q+' q - 0 f 10. Business Fax Number of Applicant /Licensee: 11. Business E -mail of Applicant /Licensee: W kbess)er- PvP_r sort . ner# 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 0 Liquor, Wine & Beer Restaurant (Sale of food primarily; Full Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol 13. Extent of Food Service: ( "X" One) ❑X El sales primarily; Meets legal minimum food food menu; Kitchen run by chef) availability requirements ❑ Recorded Music ❑ Live Music ❑ Disc Jockey ❑ Juke Box ❑ Karaoke Bar ❑ Stage Shows 0 Patron Dancing (small scale) [❑ Cabaret, Night Club (Large Scale Dance Club) ® Catering Facility 14. Type of Establishment: ❑ Capacity of 600 or more patrons Topless Entertainment ® Restaurant ® Hotel ( "X" all that apply) [] Recreational Facility (Sports Facility/Vessel) [:].Club (e.g.Golf Club /Fraternal Org.) ❑ Bed & Breakfast [] Seasonal Establishment 15. Licensed Outdoor Area: ❑ None [Z Patio or Deck [] Rooftop 2 Garden /Grounds ❑ Freestanding Covered Structure ( "X" all that apply) ❑ Sidewalk Cafe ❑ Other (specify): Page 2 n`CA 4c opla- rev 1 '/13/2013 OFFICE USE ONLY P 0O riginal Q Amended Date State of New York 5tandard1 ed NOTICE FORM for Providing 30 Advanced Notice to Executive Department Local Muniei ali or COMMI slit Boarc Division of Alcoholic Beverage Control Lag 2 of 2 of Form State Liquor Authority the building that the establishment is located on: =Floo �' rLO V = T= i �=- '— 16. List the floor(s) of g 17. List the room number(s) the establishment is located in within the building, if appropriate: 18. is the premises located with 500 feet of three or more on- premises liquor establishments? ❑ Yes ® No 79. Will the license holder or a manger be physically present within the establishment during all hours of operation? 0 Yes [] No ent is located? 20. Does the applicant or licensee own the building in which the establishm (%' One) Yes (If Yes SKiP 21 -24) No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: Distillery Loft LLC 22. Building Owner's Street Address: 391 Washington Street State: NY Zip Code: 14203 23. City, Town or Village: Buffalo 24. Business Telephone Number of Building Owner: C' i -± 35 i - 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: 26. Attorney's Street Address: 5662 Main Street NY State: Zip Code: 14221 27. City, Town or Village: Williamsville 28. Business Telephone Number of Attorney: (716) 631 -9100 29. Business Email Address of Attorney: jwniie�W�►,Vya�.� • -- M the applicant or hold the license or am a p rinci al of the legal entity that holds or is applying for the license. Representations 1 a ' P in this form are in conformity with representations made in this Qwtl also be relied upon, and that Authority when senta granting the license. I understand that representations tions may result in disapproval of the application or revocation of the license. By my signature, l affirm - under Penalty of perjury - that the representations made in this form are true. Title 410 i I C, Mr M a 30. Printed Name: 1i I L4j r Signature: 111 Page 3A. MM IM ,,, 1 p, 5 d r 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- Patricia Logan 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. March 18, 2014 0 i SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: POLIC DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE I. PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. {Item No. xxx C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Civilian School Crossing Guard Patricia Logan assigned to the B- District has been granted a medical leave of absence without pay for the period of 21 days commencing March 7, 2014 through March 28, 2014. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: - DATE: ' NAME: *SSN:_ 7 *LAST FOUR (4) llIGITS ONLY* EDUCATIONAL ❑ EMPLOYMENT FMLA. (SEE BELOW) ❑ MILITARY ❑ (MUSTATTACH ORDERS) C l ASSIGN: MATERNITY ❑ PERSONAL ❑ MEDICAL ® (MUST ATTACH MEDICAL DOCUMENT • THE FAMILY MEDICAL LEAVE OF ABSENCE MM A) IS A 12 WEEK LEAVE (THE INTERMITTENT FMLA IS A IS A I2 WEEK 1480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE MIE) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEAL'T'H CONDITION (ADDITIONAL FMLA REQUETFORM REQUMED) • 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 TMW (30) DAYS OR, A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; I4�[ U SURREOER THEIR DEPARTI,IENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WM&THAND ID CARD PRIOR TO TAB START OF THEIR LEAVE FAILFIRE TO DO S'0 WH.L RESULTITV THEREVOCATION OFTWLEAVE QFABSENGE AND THE CARRYING OFTSEMEMBERASBEING,4WOL EXPLANATION OF LEAVE DATES OF LEAVE BEGINNING DATE: 3 1 END DATE: Z s 1 RETURN TO WORK DATE: LENGTH OF LEAVE: �Lla R�30E ❑ DENIED (APPROV POLICE EWLOYEE SIGNA UPON SURRENDEROFDEPARTMENTAL EQUOMEl1"lE7 7 DATE APPRO D 1 ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF COMMLSSIONER OP' PO - EQUIPMENT) cc: ORIGINAL. — ADMINISTR.A'IION AND FINANCE (PERSONNEL FKE) REQUESTING EMPLOYEE CIVIL, S8RVICE.ADMINISTRAVON PAYROLL COMMANDING OFFICER > Y^i rem Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. 14 March 18, 2014 �1 #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: March 6, 2014 in the Department of Common Council Division of City Clerk to the Position of Intern VIII Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASS 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 LAST JOB TITLE 1778 NAME Gabriel Casillas LAST DEPARTMENT City Clerk DATE 2014 ADDRESS 101 Plymnouth Ave LAST SALARY $12.66 CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX -XX -0979 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 10220001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 5445 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 AUTHORITY: Mildred Ca stro Deputy City Clerk March 6, 2014 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) 44 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or. promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: March 6, 2014 in the Department of Division of to the Position of Common Council City Clerk Intern Vlll Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Ugirl ASSIF ED 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 LAST JOB TITLE 1778 NAME Jacqueline M Rucinski LAST DEPARTMENT City Clerk DATE 2014 ADDRESS 115 Dempster St LAST SALARY $12.66 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -6717 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LA 4 DIGI OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5446 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Mildred Castro TITLE OF APPOINTING. AUTHORITY: Deputy City Clerk DATE: March 6, 2014 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER 49- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #8- DEPARTMENT #7- DIVISION #B- EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment ?. \S In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: March 10, 2014 in the Department of Division of to the Position of Common Council City Clerk Intern VIII Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNG SSIFIFQ) 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 LAST JOB TITLE 1778 NAME Ishmahan Farrah LAST DEPARTMENT City Clerk DATE 2014 ADDRESS 131 Congress St LAST SALARY $12.66 CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX -2853 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5445 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 AUTHORITY: Mary H. Baldwin Deputy City Clerk March 10, 2014 _ ORIGINAL +2 WHIL.S I U: LWY L;LtKN tUN/MLr-UKt AVI -UIN I MtIN I UAI tf OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of March 11, 2014 Common Council City Clerk Intern VIII Permanent,. Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) U N C LASSI 461D 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 LAST JOB TITLE 1778 NAME Paul D Fultz LAST DEPARTMENT City Clerk DATE 2014 ADDRESS 132 Laird Ave LAST SALARY $12.66 CITY &ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -0890 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 10220001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5445 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 AUTHORITY: Gerald A Chwalinski City Clerk March 11, 2014 OTHER GOPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or ]n In cored in Schedule "A" have been certified or approved by the Human ResourceslCivil Service for the m compliance [further certify that the person(s) nam Appointment Effective: March 11, 2014 in the Department of Common Council Division of to the Position of City Clerk intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.66 LAST JOB TITLE LAST DEPARTMENT NAME canny Lewis DATE ADDRESS 329 Lisbon Ave CITY & ZIP Buffalo 14215 LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -8571 LAST JOB TITLE LAST DEPARTMENT NAME DATE ADDRESS CITY & ZIP LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE .COMMITTEE ON CIVIL SERVICE DE 10220001 TITLE CODE NO 1778 BUDGET ORG. CO BUDGET ACCT. O D 412002 PROD. ID PERSONNEL REQ. NO 5438 SALARY RANGE OF POSITION $12.66 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Gerald A Chwalinski . City Clerk March 11, 2014 r 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- EMPLQYE No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. March 18, 2014 60 94 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of 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 LA Public Works, Parks & Streets Engineering Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT Starting (Enter Starting Salary) : g Salary of $ 12.66 hr. NON - COMPETITIVE LAST JOB TITLE LAST DEPARTMENT T SALARY NAME Larry Tucker DATE ADDRESS 932 Glenwood Ave. CITY & ZIP Buffalo 14211 LAS LAST 4 DIGITS OF SSN. XXX -XX -0486 LAST JOB TITLE LAST DEPARTMENT T SALARY NAME DATE ADDRESS CITY & ZIP LAS LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13113001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 201344 SALARY RANGE OF POSITION $12.66 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: rev Commissioner iak TITLE OF APPOINTING. AUTHORITY: 2119114 DATE: SIGNATURE OF APPOINTING AUTHORITY: if OTHER COP IN TO: 2 COMPTROLLER #4 HUMAN SERVICESICIVIL SERVICE #5 BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYE=E {S1 7 "' No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. March 18, 2014 �� #3 (Rev 1 -02) Certificate of Appointment fa �c In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: March 3, 2014 in the Department of Assessment and Taxation Division of to the Position of Assessor Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP (Enter Starting Salary) : Starting Salary of $47,960 LAST JOB TITLE Asst to Assessor flkla Assessor Trainee NAME Judith A. McCabe LAST DEPARTMENT AssessmentlTaxation DATE 01114/99 ADDRESS 29 Mayer Avenue LAST SALARY $35,127 CITY & ZIP Buffalo NY 14207 LAST 4 DIGITS OF SSN. XXX - XX - 3308 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0650 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -172 SALARY RANGE OF POSITION $47,960 - $55,313 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Per Article Ill, Section 3.6, of the CBA between Local 650 and the City of Buffalo, employee must receive at least $250 salary increase upon promotional appointment NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: Martin F. Kennedy Commissio February 27, 2014 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+ 3 UUML6 i U: U I T ULMMN S VIVJDLFVU . MFFWI . OTHER COPIES TO: #6-' COMPTROLLER #6 HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLQYEE(S) #4 (Rev 7 -07) Certificate of Appointmen Section 24 -2 of the Charter and Chapter 35 -1 of the Or y dinances of thethe H Resou ceslCrivil Service for the cer tification of appointments) or In compliance with provisions of Sec promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved Appointment Effective: in the Department of .33131)' Public Works, Parks & Streets Parks Division of Community Recreation Aide to the Position of � Mp,N�. Permanent, Provisional, Temporary, Seasonal, Exempt Unclassified (insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one} OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MINIMUM (Enter Starting Salary) :Starting Salary of $ 34,402 NAME Timothy Barrett LAST JOB TITLE Laborer 11 Seasonal DATE 2114 ADDRESS 126 Hollywood Ave LAST DEPARTMENT DPW CITY & ZIP Buffalo 14220 LAST SALARY $12.66 hr. I A ST 4 DIGITS OF SSN. XXX NAME LAST JOB TITLE DATE ADDRESS LAST DEPARTMENT CITY & ZIP LAST SALARY i AfiT 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE TITLE CODE NO 9220 14222001 PERSONNEL REQ. NO 2013 411001 PROJ. -96 BUDGET ORG. CODE iD BUDGET ACCT, OBJ. PER YEAR DAY HOUR YEAR SALARY RANGE OF POSITION $34,402 - $37,780 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: y niak 1 ; Steven J. Ste Commissioner TITLE OF APPOINTING. AUTHORITY: 2!20!14 DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL k 2 COPIES T CITY CLEH MINA N8ERVIC7= SICIVIOLI SERVICE #5- BUDGET OTHER COPIES TO: #3 COMPTROLLER #4 #6- DEPA� #7 DIVA #8 EMPLOYEE S C. #4 (Rev 7 -07) Certificate of Appointment 9 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: ��131i in the Department of Division of to the Position of Public Works, Parks & Streets Buildings Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PE° elE n"Ie 111T Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,553 LAST JOB TITLE Laborer II NAM r— Jd1111V 01111tH LAST DEPARTMENT DPW DATE 2114 ADDRESS 6 Richlawn Ave. LAST SALARY $12.66 hr. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -0552 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 13296001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -115 SALARY RANGE OF POSITION $23,553 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: r Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2119114 SIGNATURE OF APPOINTING AUTHORITY: ORI Gr'M %jmw .. - OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) - -' #4 (Rev 7 -07) Certificate of Appointment �-� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of '3 5 Public Works, Parks & Streets Laborer 11 (Perm -NC) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) uconnAr LENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,553 LAST JOB TITLE Laborer 11 Seasonal NAME Timothy Ruszczyk LAST DEPARTMENT DPW DATE 3114 ADDRESS 120 Cantwell Dr. LAST SALARY $12.66 hr. CITY & ZIP Buffalo 14220 LAST 4 DIGIT OF SSN. XXX -XX -4357 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LA ST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -196 SALARY RANGE OF POSITION $23,553 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: hx Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 314/14 SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL. SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 74-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resou rces /Civil Service for the Appointment Effective: �� 2 in the Department of Public Works, ) Parks & Streets Division of Buildings to the Position of Sr. Architect Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 55,885 LAST JOB TITLE Architect NAME Joseph Fanara LAST DEPARTMENT DPW DATE 2114 ADDRESS 78 St. James PI. LAST SALARY $55,597 CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX -XX -0600 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 13295001 TITLE CODE NO 4190 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2013 -104 SALARY RANGE OF POSITION $55,885 - $64,301 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: r?,2e Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2113/14 , SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +2UUNILF IU: VI Ir ULtKN UIWt5=rUKC MM I MEN i uni OTHER COPIES TO: #3- COjdPTRCLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7 -67) Certificate of Appointment 10 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: " in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 15t Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONA� Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 37,285 LAST JOB TITLE Sr. 1" Class Stationary Engineer (Temp) NAME Patrick Donohue LAST DEPARTMENT DPW DATE 3114 ADDRESS 2 Harvey PI. LAST SALARY $15.00 hr. CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -)(X-5398 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 13296001 TITLE CODE NO 8320 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -177 SALARY RANGE OF POSITION $37,285 - $43,250 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner 3/6114 ORIGINAL + 2 GUF'It5 1 W G11 7 ULCMN 1VN10r-F%Jr[G nrrv11 11XI-2 i v W] OTHER COPIES T0: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #8- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) 1% Certificate of Appointment 1� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: ° 1 & ^y 1 in the Department of Public Works, Parks & Streets Division of Water to the Position of Caulker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) o�onnn�i��ir Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 32,392 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Christopher Huff DATE ADDRESS 240 Hastings Ave. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -1030 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 53003721 TITLE CODE NO 4740 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -103 SALARY RANGE OF POSITION $32,392 - $37,756 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: -ate: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 314114 SIGNATURE OF APPOINTING OTHER COPIES TO: #3 COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS March 18, 2014 a March 11, 2014 Mr. Mark Jaskula -- Senior Legislative Assistant Common Council City of Buffalo 65 Niagara Square — Room 1413 Buffalo, New York 14202 -3318 Mr. James Montour Legislative Assistant Common Council City of Buffalo 65 Niagara Square — Room 1413 Buffalo, New York 14202 -3318 Dear Messrs. Jaskula and Montour: 0 10 5 5 7 GSA Office of Congressional and Intergovernmental Affairs i A) (Q A) P11Iq LL )3 IQ Z !�, Co LS As follow -up to GSA's March 4 letter, please see enclosed GSA's statement for the record. Thank you for the opportunity to provide this information. Sincerely, Lisa A. Austin Associate Administrator REFERPED PTO .SHE COPIRPUTTEE Enclosures U.S. General Services Administration 1810 F Street, NW Washington, DC 20405 www.gsa.gov {202} 501 -0563 l}� Statement for the Record U.S. General Services Administration March 11, 2014 Thank you for the invitation to provide information on the U.S. General Services Administration's (GSA) involvement in the Peace Bridge Border Crossing. As you may know, for over 28 years, GSA has leased a commercial building from the Buffalo and Fort Erie Public Bridge Authority (PBA) at the Peace Bridge Border Crossing (PBA). Under GSA's lease, the Department of Homeland Security Customs and Border Protection (CBP) and the Food and Drug Administration (FDA) currently occupy 36,984 rentable square feet of space in this building at the Peace Bridge. In our capacity as a Lessee, we have been and remain committed to ensuring that diligent environmental review is conducted on any proposed GSA actions at this leased building. GSA's understanding is that due to the constraints at the current location and an interest in expanding commerce with Canada, modernization projects have long been considered by the PBA at the Peace Bridge Border Crossing. However, as indicated in the enclosed correspondence with PBA, that was not the project under consideration. As noted by PBA in a June 26, 2012, letter to GSA in response to ours dated June 15, 2012 (copies of both attached), the potential future expansion of the plaza remained uncertain and the PBA "ha[d] not approved any plaza expansion plans" or even established a capital budget. Moreover, as to actions related to a larger project, PBA readily acknowledged that these were "unrelated to the commercial warehouse project..." in which GSA was involved. Lastly, PBA affirmatively stated to GSA that, "the only improvements currently contemplated to GSA leased facilities are the renovation and expansion of the commercial warehouse building located on existing Peace Bridge Authority (PBA) property." Accordingly, in light of our understanding of the scope of the PBA's project, GSA began an environmental review of the PBA's proposed actions identified in its June 26, 2012, letter. This proposed leasing action was reviewed for potential environmental impacts in accordance with requirements under the National Environmental Policy Act (NEPA), as implemented by the GSA Public Buildings Service NEPA Desk Guide. That review, completed November 15, 2012, a copy of which is attached to this statement, determined that a specific Checklist Categorical Exclusion (CATEX) was appropriate in our Desk Guide which covered PBA's proposed action.' Furthermore, after examining ' This CATEX was reported in the Buffalo News on November 17, 2012, and in the Wail Street Journal and Associated Press on November 19, 2012. � d the facts of the amendment of the lease, we determined that the limited scope of the project made this level of analysis appropriate, rather than an Environmental Assessment or an Environmental Impact Statement. Specifically, given that the proposed project only involved the "expansion or improvement of an existing facility," GSA proceeded under Section 6.4(b) of the NEPA Desk Guide. As noted in Section of the CATEX, the "proposed federal action being analyzed in this Checklist CATEX is the supplemental lease agreement/lease amendment of a lease of a structure on the Peace Bridge Plaza, which the United States has occupied as a lessee for 28 years, and where prior to executing this supplemental lease agreement/lease amendment, the owner of the structure and underlying adjoining lands (i.e., the Peace Bridge Authority — PBA) has proposed a series of steps to improve the structure in question with only minor adjustments to the footprint of this structure." A CATEX is an established level of review for lease extensions, renewals, or succeeding leases. However, it is GSA's position that a larger Federal project would likely require a more detailed environmental review which would afford interested agencies, stakeholders, and the public the opportunity to learn about such a project and comment upon it. In other words, the CATEX that was conducted in this case does not preclude a broader review for a larger modernization; should one be pursued in the future. Separately from these formal actions, GSA briefly, in discussions with a number of federal agencies, considered the possibility of initiating an environmental justice review of Federal actions at the Peace Bridge location. GSA's involvement in these discussions started on August 6, 2012, and there was a meeting on August 13, 2012. A little less than two weeks later, on August 24, 2012, GSA made the internal determination that GSA's involvement in an environmental justice study was premature, given that GSA's activities at the Peace Bridge Border Crossing were so limited. In particular and as noted above, GSA was involved with an amendment of a lease of a single building being remodeled by the building's owner, solely at the owner's expense, where such building had been leased by the United States for the last 28 years. On August 29, 2012, GSA notified other federal agencies of this decision. Nevertheless, GSA is absolutely committed to ensuring that environmental justice is a consideration in its actions. In conclusion, GSA's most recent action at the Peace Bridge was simply the amendment of an existing lease. This limited action was appropriately reviewed with a CATEX. Should a larger modernization begin moving forward, GSA believes a broader review will likely be required. This review would allow all stakeholders a chance to weigh in on the effects of such a project. GSA Northeast and Caribbean Region June 15, 2012 Mr. Sam l3oyt Chairman Board of Directors Buffalo & Fort Erie Public Bridge Authority 1 Peace Bridge Plaza Buffalo, NY 1421:1 Dear Mr_ Hoyt: This letter confirms some of our ongoing discussions regarding the improvements to the U.S. Plaza at the Peace Bridge Land Port ofEntry. In December, 2011, the Buffalo and Fort l " ric Public Bridge Authority (P BA) presented the U.S. General Services Administration (GSA) with its current plan for the Peace Bridge Plaza. At that time, GSA was advised that the only project at the Peace Bridge Plaza was a renovation and limited expansion of the commercial warehouse building. We were also advised that the expansion of the commercial warehouse building could be accomplished within the existing plaza footprint. GSA was further advised that, while there have been discussions about a larger plaza renovation, that pro iect.was in its. formative stages and had a number of uncertainties associated with it, including multiple land acquisitions and was..not moving forward at that time. Also, in January 2012 the Federal I lighway Administration issued a Rescinded Notice of Intent . that the Final Environmental Impact Statement would not be issued for the former Peace Bridge Expansion Project andthcrefore the Project was ten.ninated without any crivironmental.decision document being finalized. Since the meeting in December, 2011, GSA has had ongoing discussions with the PBA regarding the Peace Bridge site, however, our understanding of the current project has not changed. GSA's understanding is that the only project currently planned for at the Peace Bridge Plaza is the renovation/expansion of the commercial warehouse currently under lease. Based on this understanding, GSA has advised the various parties of our obligations under the National Environmental Policy Act (NI PA). It is GSA's current,evaluation that the appropriate level of NI PA documentation required for the warehouse project to date would appear to be a Categorical Exclusion Checklist (CA'1'EX). We have outlined below some of the details on the nature of the environmental review that will likely be required in order to move fomard with the renovation of the commercial warehouse, and thus for GSA to s upplement its lease agreement with the P13A. U.S.Genaral Savices Administratim Jamb K..Javits Fec$eral 601iiiinj 26 Federal Plaza. New York, NY 14278 W".gsa.gov If, as explained to us in detail in our December 2011 meeting, the only project is the warehouse renovation and limited expansion, then the following would likely occur: + We would conclude that such a project would likely have sufficient Federal involvement as to compel some sort of analysis under NEPA (40 CFR 1500, et seq.), as implemented by the GSA PBS NEPA Desk Guide, • We would likely perform this analysis using a GSA Categorical Exclusion (LATEX) — in particular, a "Checklist CATER ". + If the scope of the project changes, however, or if some "extraordinary circumstance" is discovered during the process of performing this analysis, it may be necessary to re- evaluate the level of our NEPA review. + Finally, our NEPA analysis must be completed before we can tape the proposed action of signing a supplemental lease agreement for the warehouse alterations. An essential aspect of the New York State Environmental Quality Review Act (SEQRA) and NEPA is public participation. It is GSA's position that a larger project would require a full and open environmental review which affords interested agencies, stakeholders, and the public the opportunity to learn about, comment, and influence decision making. This could be accomplished by either a SEQRA or NEPA review. For example, if there is a larger plaza renovation project undertaken beyond that which was described to us in our December 2011 meeting, there would likely be sufficient Federal Government involvement that would compel a more sophisticated NEPA analysis. A larger project: would therefore likely require a full and open environmental review. A SEQRA review, of course, could be performecd on such a larger project. If SEQRA is used, we would be glad to work cooperatively with you to use SEQRA to meet Federal NEPA requirements. In fact, the Federal Government could be involved in such an environmental review be it either a Nip State or PBA led NEPA or SEQRA review. The environmental review - be it SEQRA or NEPA - could be conducted and paid for by the PBA with GSA as a cooperating agency. We understand the importance of this plaza renovation to the regional community and are committed to facilitating our role as expeditiously as possible while still complying with Federal law. Sincerely, _ Denise L. Pease Regional Administrator F V 1 l THE PEACE BRIDGE CROSSING PATHS BUILDING FUTURES June 26, 2012 Denise L. Pease Regional Administrator U.S. General Services Administration Jacob K. Javits f=ederal Building 28 Federal Plaza New York, NY 10278 Dear Ms. Pease: Thank you for your letter of June 15, 2012, regarding improvements at the Peace Bridge. We at the PBA appreciate our dose working relationship with General Services Administration (GSA) and your letter was helpful in giving us a better understanding of GSA's views relative to potential future expansion of Federal facilities at the Peace Bridge, I would like to confirm that the GSA understanding of the project as described to you in December 2011 has not changed. Specifically, the only improvements currently contemplated to GSA leased facilities are the renovation and expansion of the commercial warehouse building located on existing Peace Bridge Authority (PBA) property. Given federal government budget challenges, the capital costs of these improvements are being underwritten in their entirety by the PBA with no expectation of repayment. As discussed with GSA in December 2011, unrelated to the commercial warehouse project are PBA bridge and traffic improvements that will be undertaken directly by the PBA and are not associated with any other improvements to Federal facilities. These include a bridge approach widening, bridge re- decking, and changes to plaza ingress and egress including construction of a new ramp to eliminate conflicting traffic movements exiting the plaza. Since none of these improvements involve additional buildings, booths, or are otherwise related to facilities for GSA, none of these actions would be considered by GSA in its consideration and review of the renovation and expansion of the commercial warehouse building. The uncertainties that we discussed. iast year referenced in your letter related to any potential future plaza expansion remain today. The acquisition of necessary properties remains uncertain and the U.S./Canada "Beyond the Border Action Plan" could change any plaza layout as it relates to Federal facilities. Thus, the PBA Board has not approved any plaza expansion plans nor has a capital budget been established. BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY 100 QUEEN STREET, FORT ERIE, ON L2A 3S6 ■ 1 PEACE BRIDGE PLAZA, BUFFALO, NY 14213 -2494 PHONE (905) 871 - 1608/(716) 884 -6744 z FAX (905) 871 -9940 www peacebridge.com 19 Denise L. Pease ,Tune 26, 2012 Page 2 The only significant change since our discussions last December is that New York State has been taking the lead on property acquisition as the PBA does not have the power of eminent domain. Under this approach, should plaza expansion become feasible, it would be undertaken solely to address traffic handling and traffic flow shortcomings associated with the existing plaza. There would be no improvements to any GSA leased facilities. We trust, similar to the other PBA improvements underway at the plaza which are unrelated to GSA facilities, that any plaza expansion undertaken by the PBA unrelated to GSA facilities would have no impact upon the GSA's review and approval of the renovation and expansion of the commercial warehouse building. We look forward to continuing to work with you on the commercial warehouse project and anticipate a spring 2013 construction start. Yours truly, Sam Hoyt _ Chairman cc: PBA Board GENERAL SERVICES ADMINISTRATION — REGION 2 CATEGORICAL EXCLUSION CHECKLIST DOCUMENTATION for November 2012 RENOVATIONS AND ADDITION TO THE COMMERCIAL BUILDING, PEACE BRIDGE PLAZA, BUFFALO, NEW YORK General Services Administration qq CATEX Checklist Renovation & Additions to Commercial Building, ABA, Buffalo NY Table of Contents I. Introduction .... ............................... 2. ..............................1 Description of Proposed Action .............................................................................. 2 Background................................................................................................................ The Peace Bridge .............. ........................ ............................... ............................... The Commercial Building .............. ..... ............................... Description of the Proposed Action ........................................................................... 2 ............................... .... 2 Construction .................. ....... ............................... 3. Categorical Exclusion Checklist ........................ 4. Detailed Comment Section ............. . ........................ .... ...........................:... ........... 5. ............ ............................... Conclusion: 13 b. Figures .................................................................................................................. .. 7. Photographs ................... ............................. .14 8. Correspondence ..................................................................................................... .............................24 List of Figures Figure 1: Project Location Map ..................... Figure 2: Site Topographic Map ............................... Figure 3: Project Renovation and Addition .............. Figure 4: Northwest Perspective .............................. Figure 5: Southwest Perspective .............................. Figure 6: Rendering ........................... Figure 7: Coastal Zone Boundary Map ...................... Figure 8: FEMA Flood Zone Map ................... Figure 9: Earthquake Hazard Map ............................ ................................................. .............................15 .................. ............................... .............................16 ................. ................................ .............................17 .................. ............................... .............................18 ............. ................................ .............................19 ............ . ................. . ...................................... I....... 21 .......................................... ......................... 23 I General Services Administration CATEX Checklist Renovation & Additions to Commercial Building, ABA, Buffal NY I.. Introduction This document is an environmental analysis required by the National Environmental Policy Act (NEPA) of a proposed federal action being taken by the General Services Administration (GSA) that would be occurring at the Peace Bridge Plaza in Buffalo, New York. In particular, this analysis is a Checklist Categorical Exclusion (CATEX) a study to determine if the level of environmental analysis appropriate for the proposed federal action at this location is eligible for a CATEX, or whether a more detailed examination is appropriate, in the form of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). To be precise, the proposed federal action being analyzed in this Checklist CATEX is the supplemental lease agreement/lease amendment of a lease of a structure on the Peace Bridge Plaza, which the United States has occupied as a lessee for 28 years, and where prior to executing this supplemental lease agreement/lease amendment, the owner of the structure and underlying and adjoining lands (i.e., the Peace Bridge Authority - PBA) has proposed a series of steps to improve the structure in question with only minor adjustments to the footprint of this structure. The PBA is a quasi - State of New York entity, who intends on improving the structure in question at its own expense, and with minimal involvement by the United States in the scope and nature of such improvements. Despite the apparent limited scope of the proposed federal action in this case — improvements of a structure to be performed on behalf of the United States but not at the expense of the United States, followed by the execution of a supplemental lease agreement/lease amendment for an improved structure - this analysis seeks to determine if there are any "extraordinary circumstances" present in this case that compel an EA or an EIS as is required by GSA's NEPA implementing regulations, the GSA PBS NEPA Desk Guide (October 1999). A description of the environmental conditions present on and surrounding the project site are provided below to support the findings of the Checklist CATEX that follow, The preparation of a CATEX analysis is appropriate for proposed federal actions that involve acquisition of space by lease construction, or expansion or improvements of an existing facility where all the following conditions are met:' 1 The structure and proposed use are substantially in compliance with local planning and zoning and any applicable State or Federal requirements; 2 The proposed use will not substantially increase the number of motor vehicles at the facility; 3 The site and the scale of construction are consistent with those of existing adjacent or nearby buildings; and 4 There is no evidence of community controversy or other environmental issues. This CATEX Checklist demonstrates that the proposed action satisfies the conditions cited above. The basis for this conclusion in part is the project information submitted to GSA by PBA. Finally, this CATEX Checklist and supporting documentation do not remove responsibility from the Peace Bridge Authority, the owner and developer of the proposed action, to obtain any approvals, permits and/or environmental reviews that would be normally required for a construction project at this location. ' U.S. General Services Administration, M National Environmental Policy Act, NEPA Desk Guide, October 1999. General Services Administration CATEX Checklist Renovation & Additions to Conunercial Building, PBA, Buffalo, NY 2. Description of Proposed Action B—a', * t°o utµ� f? The Buffalo and Fort Erie Public Bridge Authority ( "PBA") is an international compact entity created pursuant to a compact entered into by the State of New York, with the consent of the United States Congress, and by the Government of Canada. The PBA is governed by a ten member Board consisting of five members from New York State and five members from Canada. The mission of PBA is to be known as the premier Canada - United States international border crossing, providing excellence in customer s and an effec conduit for trade and tourism. The Peace Bridge links the border crossing facility in Fort Erie in Canada with the facility in Buffalo, New York (Figure 1 and Figure 2). The border crossing facility in Buffalo (the Plaza) is approximately 15 acres in size and provides an area for vehicle screening, administration offices and on -site parking, a duty-free retail outlet and vehicle inspection. Vehicle inspection operations, including truck bays and space to examine the unloaded contents of vehicles, occupy a portion of the Commercial Building. PBA's U.S. operations facilitate border crossing operations and include customs inspections for passenger vehicles and inspection of vehicles transporting goods between Canada and the U.S. The Commercial Building contains offices and program space for the U.S. Food and Drug Administration, U.S. Customs and Border Protection, U.S. Department of Agriculture and the U.S. Customs and Immigration Enforcement. In addition, the Commercial Building contains office space for private customs brokers. Program space within the building (1) provides areas for the secondary inspection of trucks and their contents after passing through a preliminary screening process, (2) provides a processing area for those in violation of border crossing regulations, and (3) provides space for the inspection of agricultural products. The existing Commercial Building consists of two connected structures. One is a one- story, approximately 23,500 square foot (sf) warehouse facility (Warehouse) built circa 1952 that includes a basement containing mechanical and electrical spaces, a partial second floor containing broker's offices and at -grade truck inspection bays. Contiguous with this building is a three - story, approximately 20,000 sf annex facility (Annex) built circa 1979 containing office space on each floor that serve federal agencies (Customs Border Protection, U.S. Food and Drug Administration, U.S. Department of Agriculture, and U.S. Immigration and Customs Enforcement) and private brokers (Federal Express, United Parcel Service, etc.). The U.S. Plaza of the PBA is located on the west side of Buffalo and adjacent to the Niagara River. The Plaza is bordered on the west and north by Interstate 90 and on the east by Busti Avenue and residential and institutional uses. South of the Plaza is f=ront Park, approximately 25 acres in size and designed by Fredric Law Olmsted. The Commercial Building is located at the southern portion of the plaza, and south of the building is an access ramp to the Peace Bridge and south of the access ramp is Front Park. PBA proposes to renovate and increase program space to the existing Commercial Building located on the PBA's U.S. Plaza. The proposed action is a supplemental lease agreement/lease amendment between General Services rtdministration 5\ C.4TEX Checklist Renovation & Additions to Commercial Bfrdding, PBA, Baialo, NY PBA and GSA for continued use of space in the Commercial Building after the building has been renovated and expanded (the project). The existing Commercial Building is located on PBA property and the design and construction work is being funded by the Peace Bridge Authority. GSA would expend no funds for this project but would be leasing space in the building from PBA. Federal agency tenants are expected to occupy approximately 60 percentage of the building. The Peace Bridge Authority has no plans to recapture their construction costs through increased rent to GSA. The project includes the complete interior and exterior renovation of the existing Commercial Building (Warehouse and Annex) structure and the addition of atwo- story, 20,800 sf addition to the south side of the existing facility (see Figure 3). Figure 4 and Figure 5 provide iIIustrations of the proposed project from the northwest and southwest perspectives. The project would not increase the amount of impervious surfaces on the Plaza and would not extend beyond the Plaza boundaries. The existing Commercial Building operates 24 hours per day, 365 day per year, and as such, the proposed renovations and additions would need to be phased and sequenced to allow all work to take place while minimizing the impact to the ongoing facility operations. The renovated building would largely occupy the existing footprint, and the height of the Warehouse and Annex would remain roughly as it now exists. The two 20,800 sf addition along the southern side of the building would be supported by columns over the existing parking area such that after completion of the project the number of existing parking spaces would not change. The new fagade for the building would be a combination of materials designed to increase thermal retention within the building and thus reduce the amount of energy used for heating and cooling. The masonry wall behind sun - facing glazed areas would have openings and act as trombe walls. The existing facility utilizes natural gas -fired steam boilers that provide primary heat for the building. Supplemental heating is provided by rooftop equipment and infra -red radiant heaters. The existing boilers and domestic water heater vent to the exterior utilizing the existing stack which extends well above the existing roof. The proposed HVAC system is a Variable Refrigerant Flow (VRF) system which performs simultaneous heating and cooling throughout the building. The VRF system is electrically powered and would greatly reduce the amount of emissions. Natural gas -fired equipment would be limited to the domestic water heating, loading docks, entranceways, and snowmelt systems. The proposed hydronic heating and snowmelt systems would be comprised of four gas -fired high efficiency condensing type boilers. Each boiler which would be vented to the exterior utilizing a 4- inch - diameter vent pipe through the roof. The existing boiler stack would be demolished. Based on the previous year natural gas consumption, the existing building emits approximately 19,787 tons of carbon dioxide per year. The projected amount of carbon dioxide emitted by the proposed HVAC system is approximately 2,735 tons of carbon dioxide per year. This represents an estimated 86 percent reduction in building emissions annually. The renovations would also include new electrical service and distribution, new lighting systems with greater energy efficiency, and the installation of roof - mounted photovoltaic solar collectors. New low flow water - saving bathroom fixtures would replace current fixtures. The existing truck bays and maintenance areas in the building currently drain directly into the City's combined sewer system without pre- treatment. The proposed renovations would install an oil -water separator to remove oil from the run -off from these areas prior to draining into the City's combined sewer system. 3 General Services Administration 1�v CA TEX Checklist Renovation & Additions to Commercial Building, PBA, Biialo, AY Currently, inspections personnel are located in a separate building, dividing their activities between their home offices and their inspections activities. The proposed project would provide enough additional space to allow Federal inspection personnel to be housed in the same building where inspections occur, greatly increasing operational efficiencies. The project would help expedite truck traffic at the border and reduce the amount of time trucks are in the Inspection Areas waiting for Inspectors to arrive. The project would also expand facilities for Homeland Security personnel, including Customs and Border Protection. PBA proposes implementing green practices during construction, including specifying the use of ultra - low sulfur diesel (ULSD) in diesel - fueled construction equipment and vehicles with engine ratings of 50 HP or greater, to reduce emissions associated with construction activities. As a side note, these green practices are the kinds of actions that GSA is undertaking nationwide in new and existing construction, pursuant to GSA's emphasis on sustainability, as mandated by Executive Order 13514, federal Leadership in Environmental, Energy, and Economic Performance. Also the PBA is pursuing a United State Green Building Council (USGBC) Leadership Energy and Environmental Design (LEED) certification for the renovated building. Construction equipment will not be allowed to idle for more than 5 consecutive minutes, and most construction waste will be recycled. The new construction of the office space, along with the proposed renovation of the Warehouse and Annex buildings will be designed in accordance with the structural requirements of the current Building Code of New York State and the Existing Building Code of New York State, respectively. In order to provide continuous operation of the border crossing facility, with the Ieast amount of disruptions to the operations of the border station and help prevent traffic congestion, the project would be conducted in a phased and sequenced approach. The project would be completed in four phases of construction over two years, and program space constructed in each phase would be complete and occupied prior to moving to the next phase. Phase 1 of the project would involve the construction of the new addition to the south side of the Warehouse. It is anticipated that this phase would be complete prior to beginning subsequent phases to allow existing facility operation to continue uninterrupted. Phase 1 would also include renovation of the mechanical and electrical systems located in the basement of the Warehouse facility. The basement level parking area (outdoors) under the new addition would be temporarily vacated of automobiles. Parking elsewhere on the Plaza or at an existing PBA -owned lot adjacent to the PIaza would provide temporary parking for these vehicles. Phase 2 of the project would begin after occupants of the Annex building are relocated to the addition completed in Phase 1 of the project. Construction of Phase 2 would involve the removal and replacement of the existing exterior facade, replacement of the roof membrane and replacement of the interior walls and systems of the Annex portion of the building. Phase 3 and Phase 4 of the project would involve renovation of the Warehouse portion of the building and would begin after 'the renovated Annex is complete. Phase 3 work would consist of renovating the western half of the Warehouse structure, including demolition and removal of the mezzanine, excavation to a depth of approximately four feet below the existing surface for the four truck inspection bays, renovation of the existing loading dock area and construction of the new FDA offices. The existing track bays located in the Phase 4 area would be maintained as the primary inspection bays during Phase 3 work. General Services Administration CATEX Checklist Renovation & Additions to Commercial Building, PBA, Buffalo, NY Phase 4 work would consist of renovation the eastern half of the Warehouse structure, including the demolition and removal of the remaining portion of the second level mezzanine and complete renovation of the existing truck bays. During renovation of the truck bays for Phase 3 and Phase 4 fewer truck bays would be available for use. Because under the existing conditions the truck bays are rarely fully occupied, it is expected that the temporary reduction in the number of operational truck bays would not significantly affect normal operations. Depending on the size of the lay -down area required by contractors for construction equipment and construction materials, a small number of vehicles (fewer than 30) would be relocated to an existing Parking lot on PBA -owned property located adjacent to Busti Avenue between Rhode island Street and Massachusetts Avenue, northeast of the Plaza. Many of these vehicles are not used on a daily basis. The proposed construction would involve less than one acre of land. PBA intends to comply with all applicable state regulations regarding stormwater management. There will be a basic Storm Water Pollution Prevention Plan (S WPPP) for construction activities that will include erosion and sediment controls. This document and the associated project plans will establish best management practices to minimize the amount of sediment entering the City's sewer system. W General Services Administration A CATER Checklist V Renovation & Additions to Commercial Building, PB,4, BiIalo, NY 3 . Categorical Exclusion Checklist Renovation & Additions to Commercial Building, Buffalo & Fort Erie Public Bridge Authority, 1 All Checklist CATEX:Acti Peace Bridge Plaza, Buffalo, NY 14213 -2494 Ong Yl5 NO DATA A. Is the action likely to be inconsistent with any applicable Federal, State, Indian tribal, or local law, regulation, or standard designed to protect any aspect of the environment? COMMENTS: I See comment section below B. Is the action likely to have results that are inconsistent with locally desired social, economic, or other environmental conditions? COMMENTS: f See comment section below C. Is the action likely to result In the use, storage, release and /or disposal of toxic, hazardous, or radioactive materials, or In the exposure of people to such materials? COMMENTS: I See comment section below D. Is the action likely to adversely affect a significant aspect of the natural environment? COMMENTS: I See comment section below E. Is the action likely to adversely affect a significant aspect of the socio- cultural environment? COMMENTS: I See comment section below F. Is the action f ikely to generate controversy on environmental grounds? COM I See comment section below G, Is there a high level of uncertainty about the action's environmental effects? COMMENTS: I See comment section below H. Is the action likely to do something especially risky to the human environment? COMMENTS: See comment section below I. Is the action part of an Ongoing pattern of actions (whether under the control of GSA or others) that are cumulatively likely to have adverse effects on the human environment? X X X X X X X X 6 General Services Administration a LATEX Checklist Renovation & Additions to Commercial Building, PBA, Brialo, NY COMMENTS: See comment section below J. is the action likely to set a precedent for, or represent a decision in principle about, future GSA actions that could have significant effects on the human environment? X COMMENTS: See comment section below K. Does this delineated area contain historic buildings? X COMMENTS: See comment section below Fea cility or delineated area in a 100 -yr or 500 -yr floodplain? X : See comment section below ility or delineated area in a high risk seismic zone? x : See comment section below ion likely to have some other adverse effect on public health and sa €ety or on any other ental media or resources that are not specifically identified above? X CONCLUSIONS: The action is a LATEX and requires no further environmental review The action is a CATEX but requires further review under one or more other environmental authorities, Yes The action requires an EA. NO The action requires an EIS. NO NO 11/15/2012` ..J W i1, r,).. 11/15/2012 Doug Pierson Date Thomas Burke, NEPA Coordinator Date Louis Berger Group REQA Representative 7 General Services fldininistmi oil ) ) CATEX Checklist Renovation & Additions to Commercial B'd1ding, PBA Buffalo, NY 4. Detailed COM en$ Sectioil Checklist Question A. Is the action likely to be inconsistent with any applicable Federal State, Indian tribal, or local law, regulation, or standard designed to protect any aspect of the environment? The project would occur largely within the footprint of the existing building. The height of the new addition would be below that of the existing Annex. The project would be compliant with applicable Federal, State, Indian tribal, or local law regulations, and standards, including, but not limited to, those related to solid waste, noise, historic properties, and air quality. If applicable, PBA may obtain as necessary a State Pollutant Discharge Elimination System (SPDES) permit for construction activity. The project would take place approximately 550 feet east of the Niagara River /Lake Eric waterfront, in the Coastal Zone (see Figure 6) as delineated by New York State Department of State (NYSDOS). The project would not change the existing use of the Plaza and would not directly or indirectly affect the shoreline or affect the use and enjoyment of the waterfront. Because the project area is located in the Coastal Zone, the project may be subject to a Coastal Zone Consistency Review. If necessary, the PBA would coordinate with NYSDOS and conduct a Coastal Zone Consistency Review to demonstrate that the project complies with New York State's approved Coastal Management Program. Checklist Question B. Is the action likely to have results that are inconsistent with locally desired social, economic, or other environmental conditions? The project would not significantly change the nature of the existing operations of the border crossing. Staffing within the Commercial Building, both during construction and after completion of the project, is not expected to change from current conditions. The project is not expected to increase traffic across the bridge or increase the number of truck inspections at the facility. Although a negligible increase in truck trips and passenger vehicle trips to the Plaza is expected due to construction material deliveries and construction worker commuting, this increase would be short -term and temporary. After construction of the project, no increase of vehicle trips to or from the facility is anticipated as a result of the project, and traffic patterns will remain the same. The project would not affect local social, economic or other environmental conditions. Because the project would modernize the existing building and provide customized program space, government agencies and private brokers would operate more efficiently. There will be no adverse local or regional environmental effects because the pxoposed action would take place largely within the existing Commercial Building footprint. Because the project would include the installation of energy efficient building systems, energy and water demands would decrease. Given the sustainability and environmental conservation initiatives associated with the project the new commercial building would have decreased energy and utility usage resulting in long -term reduction of environmental impacts. Checklist Question C. Is the action likely to result in the use, storage, release and/or disposal of toxic, hazardous, ar radioactive materials, or in the exposure ofpeople to such materials? Yes. The project would include the abatement of asbestos- containing materials (AGMs). Asbestos- containing materials are present at the complex and would be abated as part of the project. Abatement 8 _ General Services Administration CA TEX Checklist Renovation & Additiotis to Commercial Building, PBA, Buffalo, NY shall be completed by a licensed and approved professional and will not result in release or exposure of these materials. Disposal of ACM and any other hazardous materials discovered during the renovation will be conducted in accordance with, and consistent with, all applicable regulations. The use of any materials that could be categorized as toxic or hazardous, such as paints or other approved building materials, would be within all appropriate guidelines and instructions fpr proper use. Steps would be taken to ensure that members of the public will not be exposed to such materials that could result in e adverse effects. All applications of potentially dangerous materials would be within labeling guidance and per manufacturer's directions. Best management practices would be maintained at all times to ensure that no spills or leaks will result in the release of any potentially hazardous materials. Any underground storage tanks or fuel tanks that are to be removed will be done in accordance with all applicable .regulations, polices and guidelines. PBA will address, as part of their project plans and as appropriate, any issues with floor drains, hydraulic lifts and oil /water separators at the commercial building. Checklist Question D. Is the action likely to adversely affect a significant aspect of the natural environment? The project would not adversely affect a significant aspect of the natural environment because all actions will occur .within the footprint of existing buildings except for an approximately 20,800 sf, two -story addition which would be elevated on supports to allow continuation of the existing parking underneath. The staging area for contractors and temporary storage of construction materials would be located on a paved portion of the Plaza. The natural environment, including landscape vegetation existing along some portions of the Plaza perimeter would not be disturbed. The Plaza is paved and an impervious surface and the surface water /stormwater collection systems minimize the amount of surface water infiltration into the groundwater. Also, the project is not located within a primary, principal, or sole source aquifer and. potable water is supplied by the City of Buffalo. The Commercial Building is Iocated approximately 500 feet east of the North Buffalo Harbor, a New York State Department of Environmental Conservation (NYSDEC) Significant Coastal Fish & Wildlife Habitat. Construction and operation of the project would not destroy or significantly impair the viability of this habitat. No threatened or endangered species are present at the project site and therefore no impacts such species are expected to occur. The nearest wetland areas are those associated with Lake Erie, located approximately 550 feet west of the project site. The project would not affect these or any other wetlands, PBA intends to comply with all applicable State regulations regarding stormwater management. There will be a basic Storm Water Pollution Prevention Plan (SWPPP) for construction activities that will include erosion and sediment controls. In addition, PBA will develop and implement project lans that address noise, dust control, and erosion and sedimentation impacts p Little or no natural .habitat exists on the project site, and no threatened or endangered species are known to be present at the project site, Construction activity would be confined to the project site and the area iirnnediately surrounding the project site and would not affect areas off the plaza. No significant impacts to threatened or endangered species or their habitat are anticipated. 9 General Services Adininistration �� CA7'EX Checklist Renovation c& Additions to Commercial &gilding, PBA, Buffalo, NY The existing truck bays and maintenance areas in the building currently drain directly into the City's combined sewer system without pre - treatment. The proposed renovations would install an oil -water separator to remove oil from the run -off from these areas prior to draining into the City's combined sewer System. Checklist Question E: Is the action likely to adversely affect a significant aspect of the sociocultural environment? No. The effects of the project would not displace businesses or residences, would not change roadway network or vehicular or pedestrian travel patterns. Construction of the project would employ construction workers for approximately two years during which time local businesses may benefit from worker expenditures for food and lodging. No aspects of the proposed action would generate significant adverse affects on the sociocultural environment. Checklist Question F: Is this action likely to generate controversy on environmental grounds? No. This project is not likely to be enviromnentally controversial. All actions would be within the existing Plaza and the indirect environmental effects associated with the project (i.e., reduced energy use, implementation of sustainable practices, and use of sustainable building materials) would be beneficial to the environment. Also, the proposed project is not adding additional truck inspection bays. Air emissions associated with the project were considered. Buffalo is in attainment for the National Ambient Air Quality Standards for particular matter of size 2.5 microns and particulate matter of 1p microns (PM 2 5 and PMI Also, recent air sampling for PM 5 from two air monitoring stations in the immediate vicinity of the Peace Bridge indicate that PM 2.5 levels are below the National Ambient Air Quality Standards for the pollutant. Air emissions from diesel trucks transiting the border station have been identified as a concern since they have been reports indicating links between diesel emissions and asthma in the residential areas near the Peace Bridge. However, this project involves the renovation of, and construction of an addition to, an existing building. Construction and operation of the project would not significantly affect the flow of traffic, and in particular diesel truck traffic, across the port. The currently available traffic data show the number of trucks crossing the border at approximately 1.25 million trucks per year and the number of ears crossing the border at approximately 4.77 million cars per year. Any trucks visiting the site as part of construction activities would be negligible when compared to the overall annual truck traffic transiting the. part. Non -road construction equipment (diesel equipment) used during the project will follow clean diesel construction practices. The Peace Bridge Authority would adopt "Best Clean Diesel Construction Practices" during the project. These best practices were developed by the Northeast Diesel Collaborative and provide recommendations for actions to minimize diesel emissions during construction. These actions can include use of cleaner fuels (ultra -low sulfur diesel fuel), idle reduction strategies, replacement of old equipment with equipment meeting the latest emission standards retrofitting engines and equipment wi #h exhaust control technologies, and use of diesel particulate filters. , Also, in order to successfully implement the project with the least amount of disruptions to the operations of the border station and help prevent traffic congestion, the project activities will be conducted in a phased and sequenced approach. The project would be completed in four phases of construction over two 10 General Services Administration �C! CATEX Checklist Renovation & Additions to Commercial Building, ABA, &Ialo, NY years, and program space constructed in each phase would be complete and occupied prior to moving to the next phase. The proposed facility will provide space to Federal inspection officers who are currently housed further away. This will increase operational efficiencies and help reduce the amount of time trucks are idle in the inspections areas waiting for the inspectors to arrive. The new facility is projected to have fewer emissions than the current facility. The current facility uses three steam boilers that are natural gas fired. These will be eliminated under the proposed project and heating and cooling will be provided via a variable refrigerant flow (VRF) heat pump system that does not burn any fossil fuels but uses electricity. Hence the air emissions associated with the old system will be eliminated. Natural gas -fired equipment would be limited to the domestic water heating, loading docks, entranceways, and snowmelt systems. The proposed hydronic heating and snowmelt systems would be comprised of four gas -fired high efficiency condensing type boilers. Based on the previous year natural gas consumption, the existing building emits approximately 19,787 tons of carbon dioxide per year. The projected tons of carbon dioxide for the proposed HVAC system are approximately 2,735 tons of carbon dioxide annually. This represents an estimated 86 percent re annually, duction in building emissions Construction of the Proposed Project would generate temporary and short -term noise. PBA and its construction contractors will comply with the City of Buffalo noise ordinances. Compliance with local noise ordinances will help to ensure that construction noise would be maintained at the lowest level practicable. Normal construction activities are planned to take place between the work hours of 7:00 am to 7:00 pm. There would be no significant impacts, either individually or cumulatively, to the local environment or quality of life associated with implementation of Proposed Project. Dust control for all site areas disturbed by construction will be achieved primarily through the application of water to the affected areas. Additional measures would include: I. Construction entrances will be installed to prevent tracking of mud and soil onto paved roads; 2. Any soil tracked onto a paved road that extends more than 50 feet from the point of origin will be cleaned up by the contractor personnel within one hour of discovery; 3. Any soil tracked onto a paved road that extends less than 50 feet will be cleaned up by the end of each working day; and 4. Erosion control measures will be implemented and limit deposition of silt on roadways ff runo of silt into storm drainage structures. and/or Dust Control for all building related work will be achieved by the construction of temporary dust control barriers that will enclose the exterior portions of the building undergoing existing fagade removal and replacement. Checklist Question G: Is there a high level of uncertainty about your action's environmental effects? No. Renovations and new construction associated with the proposed action would use proven technologies, project plans and construction techniques. There would be little or no ti es regarding the potential for adverse environmental consequences. 11 General Services Administration CATEX Checklist Renovation & Additions to Commercial Building, P &4, Bt jalo, NY Checklist Question H: Is the action likely to do something especially risky to the human environment? No. Renovations and new construction associated with the proposed action would use proven technologies, project plans, and construction techniques. There would be little or no unknown or unacceptable risk involved in construction and operation of the proposed action. Checklist Question 1: Is the action part of an ongoing pattern of actions (whether under the control of GSA or others) that are cumulatively likely to have adverse effects on human environment? No. The proposed action involves only the renovation and addition to the Commercial Building. The long -term effects of the proposed action will likely have beneficial effects on the human enviromnent because of a decrease of energy use involved in operating the building and quicker processing of vehicles through the border crossing Facility. Checklist Question 1: Is the action likely to set a precedent for, or represent a decision in principle about, future GSA actions that could have significant effects on the human environment? No. The project involves a demonstrated and routine renovation of existing space and construction of an addition that is unlikely to set a precedent for, or represent a decision in principle about, future GSA actions that could have significant effects on the human environment with no unknown or unacceptable risks. The proposed action represents future GSA actions that are consistent with high - performance building, sustainable building, and environmental conservation practices and goals. Checklist Question K: Does this delineated area contain historic buildings? The existing warehouse is not listed or eligible to be on the National Register of Historic Places. The project is located adjacent to the historic Front Park (National Register Listed) and therefore the New York State Historic Preservation Office (SHPO) was consulted in accordance with Section 106 of the National Historic Preservation Act (NHPA) of 1966. Due to potential archaeological concerns it was recommended that isolated areas of impacts (for footings) be monitored during construction. It was the SHPO's opinion that the proposed project will have No Adverse Impacts. Correspondence from GSA and the SHPO is included in the appendix. Checklist Question L: Is this facility or delineated area in a 100yr or 500 yr floodplain? No. The project site is more than 500 feet distant from the nearest floodplain (see Figure 7), Checklist Question M: Is this facility or delineated area in a high risk seismic zone? No, the project site is located in an area of low seismic activity (see Figure 8). The design and construction will conform to the seismic provisions of the latest edition of the International Building Code (IBC) in accordance with GSA standard lease clauses. 12 General Services.4dministratlon CATER Checklist RenorQtion &Additions to Commercial Building, FBA, Bcffalo, Ny Checklist Question N: A the action likely to have some other adverse effect on public health and sae or on any other environmental media or resources that are not specifically identified above? f No. The project would decrease the amount of time required for vehicle processing at a border crossing. As such, trucks and other vehicles would spend less time waiting for processing and thus Iess time idli g 5, Conclusion: This CATER checklist and the supporting documentation demonstrate that the Proposed not significantly affect any portion of the built environment or the natural envi ronment. n Action e accordance with the GSA NEPA Desk Guide a CATEX checklist is an appropriate level construction when there are no extraordinary circumstances present that w of NEPA analysis for a lease Assessment (EA) ould require an Environmental or an Environmental Impact Statement (EIS), This. CATEX Checklist supports that there are no extraordinary circumstances. 13 General Services Administration px C4TEX Checklist Renovation & Additions to Commercial Building, PBA, Btiflalo, NY G. Figures 14 c� c'o PBA Plaza L'i 0 feet 31 Figure 1-- Project Location M ap CATEX Checklist, Renovation & Additions to — Commercial Building, PBA, Buffalo, NY 0 Project Site 0 feet 2000 Source: USGS, Buffalo, NW, N.Y. — Ont., 1965 Figure Z -- Site To o_ra hic Map CATEX Checklist, Renovation & Additions to Commercial Building, PBA, Buffalo, NY wj� F �� � s r z D o ' 0 I n O M 3 X 3 M(D L� a Ci. CL � D m .-r 67 O n= n CL Q Z� '-r d _T (D W O (D C) r+ (DD O C r+ O v 3 IL IL r- r O� Source: ESRI lk Figure 4 — Northwest Perspective LATEX Checklist, Renovation & Additions to Commercial Building, PBA, Buffalo, NY C� Figure 5 -- Southwest Perspective CATEX Checklist, Renovation & Additions to Commercial Building, PBA, Buffalo, NY G SLR �� E r , E 1 VV * � •. Ln . - ` ' . Y,. y rh- tfrfl�s�ySl�f a-we- L Sub z ro 3/ i 1 y it &` ". i •. � �� 33 - � r T - � y'- • fn c1T .�'� _ is :.� ' i. �. � Mi V' J - • ;� E r , E 1 VV * � •. Ln . - ` ' . Y,. y rh- tfrfl�s�ySl�f a-we- L Sub 0 feet 2000 Figu 7: Coastal Zone Boundary Map CATEX Checklist, Renovation & Additions to Commercial Building, PBA, Buffalo, NY �� F. z 0 feet 2000 Figu 7: Coastal Zone Boundary Map CATEX Checklist, Renovation & Additions to Commercial Building, PBA, Buffalo, NY �� F. Project Site Fi gure gure 8:. FEMA Flood Zone Map 0 feet 3000 CATER Checklist, Renovation & Additions to Commercial Building, PBA, Buffalo, NY a m a m m C Cn m H Qt C N - q U O N O O a O u r4 � o Q m c � a E aii =i z t- a t9 L 0. 4 ? N Ud U m 4 N v LL U LA r 500 L-L 26 0.01 100 95 V so °w 85 ©w � w Source: USGS 0 miles 500 Figure 9: Earthquake Hazard Map Peak Ground Acceleration ME As a Percent of Gravitational N Acceleration CATEX Checklist, Renovation & Additions to W�N �. 0 Commercial Building, PBA, Buffalo, NY General Services Administration LATEX Checklist Renovation & Additions to Commercial Building, PBA, Buffalo, NY 7. Photographs 24 vrrvv Ur aUU J NtKN 31UL OF WAREHOUSE BUILDING FROM THE SOUTHEAST General Services Administration CATEX Checklist Renovation & Additions to Commercial Building, PBA, Buffalo, NY 25 -'— ,,...—I "LnINI Jiirr yr vv.' KLPIUUSE BUILDING FROM THE NORTHEAST General Services Administration CATEX Checklist Renovation & Additions to Commercial Baeilding, PB,4, Buffalo, NY 26 VIEW OF WAREHOUSE BUILDING ANNEX FROM THE NORTH General Services Administration 27 t CATEX Checklist Renovation & Additions to Commercial Building, PB.4, Bt ffalo, NY General Services Administration 1 \S CATEX Checklist Renovation & Additions to Cotnmercial Building, PEA, &t Palo, M' 8. Correspondence 28 July 9, 2012 Ruth Pierpont Director, NYSHPO Peeples Island Waterford, NY 12188 Re: Dear Ms. Pierpont, Peace Bridge Warehouse Rehabilitation Section 106 Review City of Buffalo, Erie County, NY This memo is in reference to Section 106 review for the rehabilitation of the existing main warehouse located at the Peace Bridge Port of Entry, Buffalo, NY. Built c1950, the one -story building w /three -story annex sits on the eastern edge of the site and borders Front Park. The building has been evaluated by GSA and determined not eligible for National Register listing. The rehabilitation project consists of upgrades to interior, exterior and systems. While the existing footprint (at ground level) will not be enlarged, the upper floors are projected to have a slight increase in plait at the east and south fagades. As such, ground disturbance will be minimal and it is recommended that isolated areas of impact (for footings) be monitored during construction. Overall height of the building additions will be below the existing three -story annex height. On behalf of Customs and Border Patrol, GSA is the lead federal agency for Section 106 compliance on the warehouse rehabilitation project. GSA concludes that there are no adverse impacts as a result of this proposed rehabilitation. I look forward to receiving your comments and working with your office on this exciting and much - needed improvement to the port. Best, Anthone, David Regional Historic Preservation Officer 646 -808 -6069 cc: Tom Burke, GSA R2 NEPA Eric Cook, Regional Chief Architect Tony Braunscheidel, PBA Operations & Facilities Manager Sam Hoyt, PBA Chairman Att: electronic files Filename; Anthane/ Paacebrldge /gsa2shpowarehouseIO6070212.doc existi lig..Facility_ ... 3x�if lr� , TO.rt Erie Public Bridge Authority '�� Existing Fa�qi ity . Buffalo Fort Brie Public BridgQ AuYhnrlYy, { �; North flevallon SM4 Elsvaum Design schematics for Warehouse � x� ro ur O NEW YORK STAFF New York State Office of Parks, Recreation and Historic Preservation Division for Historic Preservation Peebles island, PO Box 139, Waterford, New York 12188 -0189 518 -237 -8643 www.liysparks.com July 11, 2012 David J. Anthone U.S. General Services Administration Jacob K. Javits Federal Building 26 Federal Plaza New York, New York 10278 (via e-mail only) Andrew M. Cuomo Governor Rose Harvey Commissioner Re: GSA Peace Bridge Warehouse Rehabilitation/Expansion Peace Bridge Port of Entry, Buffalo, Eric County 12PRO2743 Dear Mr. Anthone: Thank you for requesting the comments of the State Historic Preservation Office (SHPO). We have reviewed the project in accordance with Section 106 of the National Historic Preservation Act of 1966. These comments are those of the SHPO and relate only to Historic /Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the National Environmental Policy Act and/or the State Environmental Quality Review Act (New York Environmental Cons Law Article 8). ervation Based upon this review, it is the SHPO's opinion that your project will have No Adverse Effect upon cultural resources in or eligible for inclusion in the National Registers of Historic Places, including Front Park, 3263. If I can be of any further assistance do not hesitate to contact me at (518) 237.8643, ext, Sincerely, t 0 O�L John A. Bona ide Director, Technical Preservation Services Bureau 11�\ IV Y G SAA March4, 2014 Mr. Mark Jaskula Senior Legislative Assistant Common Council City of Buffalo 65 Niagara Square — Room 1413 Buffalo, New York 14202 -3318 Mr. James Montour Legislative Assistant Common Council City of Buffalo 65 Niagara Square — Room 1413 Buffalo, New York 14202 -3318 Dear Messrs. Jaskula and Montour: GSA Office of Congressional and Intergovernmental Affairs Thank you for your letters of invitation dated February 20, 2104, requesting employees Dan Tangherlini, Denise Pease, Madeline Caliendo, and Peter Rizzo of the U.S. General Services Administration (GSA) to appear before the Committee on Community Development scheduled for March 11, 2014, in Buffalo, New York. I am writing to respectfully decline your invitations on behalf of GSA and these individuals. Given the importance of the topics to be discussed, however, we will be providing a Statement for the Record with attachments under a separate cover. Sincergly, Lisa Austin Associate Administrator U.S. General Services Adminis6ation 1800 F Street, NW Washington, DC 20405 www.gsa.gov (902) 50141563 Memorandum Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider March 4, 2014 Board Packet Documents -d are the following documents from the Joint Schools Construction Board meeting scheduled on 3, 2014: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated February 3, 2014 3. Phase III Application and Certificate for Payment No. 64 — February 2014 4. Phase V Application and Certificate for Payment No. 51 — February 2014 5. Fully Executed Phase III Application and Certificate for Payment No. 63 -- January 2014 6. Fully Executed Phase V Application and Certificate for Payment No. 50 — January 2014 7. Program Packaging and Development Services (PPDS) Provider Update 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order # 1 — January 2014 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase V Project — January 2014 10. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V — January 2014 r i D F ems, � � March 13, 2014 II I Deputy Chief of Staff Damon Palmer ® 79 Gerald Chwalinski 1308 City Hall Buffalo, New York 14202 RE: "Cities Mobilize to Help Those Threatened by Gentrification" Dear Mr ChwaIinski, Please file the attached article for the Common Council meeting scheduled for March 18, 2014 on behalf of Council President Darius Pridgen. Respectfully, Malcolm Aaron Ertha Legislative Assistant Enclosure: Timothy Williams, "Cities Mobilize to Help Those Threatened by Gentrification," New York Times, March 3, 2014, accessed March 10, 2010, http: / / www.nyti.ms /ln4Cj45 (Common (CuunriI IegioIatibe staff City of Buffalo, NY 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 Page 1 of te'eac htt : n ti.ms /1n4Cj45 U.S. Cities Mobilize to Help hose Threatened tened by Gentrification By TIMOTHY WILLIAMS MARCH 3, 2014 PHILADELPHIA — Cities that have worked for years to attract young professionals who might have once moved to the suburbs are now experimenting with ways to protect a group long deemed expendable working and lower- middle class homeowners threatened by gentrification. The initiatives, planned or underway in Boston, Philadelphia, Washington, Pittsburgh and other cities, are centered on reducing or freezing property taxes for such homeowners in an effort to promote neighborhood stability, preserve character and provide a dividend of sorts to those who have stayed through years of high crime, population loss and declining property values, officials say. Newcomers, whose vitality is critical to cities, are hardly being turned away. But officials say a balance is needed, given the attention and government funding being spent to draw young professionals — from tax breaks for luxury condominium buildings to new bike lanes, dog parks and athletic fields. "We feel the people who:toughed it out should be rewarded," said Darrell L. Clarke, president of the Philadelphia City Council, which Iast year approved legislation to limit property tax increases for longtime residents. "And we feel it is incumbent upon us to protect them." In doing so, cities are turning urban redevelopment policy on its head and shunning millions in property tax revenue that could be used to restore municipal . .services that were trimmed during the recession because of budget cuts; including rehiring police officers. http a /www.nytimes. com/2014 /03 /04 /us /cities- helping - residents- resist -the- new - gentry- html ?emc =... 3/10/2014 %-i% i-mauun - 1V 1 11111GN.Com Page 2 of 4 A decision to reduce property taxes can be risky because such levies account for at least 50 percent of operating budgets in most American cities and sometimes provide as much as 8o percent of a city's revenue. But even Detroit, where a declining tax base has been at the core of the bankrupt city's troubles, recently announced plans to cut property tax rates. Last month, Mike Duggan, Detroit's new mayor, said property taxes would be cut by up to 20 percent to levels that more accurately represent the value of homes in the city. The reduction could cost Detroit as much as $15 million annually in revenue. The tax adjustments are part of a broader strategy by cities to aid homeowners — who continue to struggle financially since the home mortgage crisis. In Richmond, Calif., lawmakers are attempting to use eminent domain to seize underwater mortgages to try to help homeowners keep their houses. Housing experts say the arrival of newcomers to formerly working -class areas — from the Mission District in San Francisco to the Shaw neighborhood in Washington — is distinct from previous influxes over the past 30 years because new residents are now far more likely to choose to move into new condominiums or lofts instead of into existing housing, making the changes more disruptive. "This latest wave of gentrification has happened very quickly, and cities are cognizant to keep from turning over entirely," said Lisa Sturtevant, executive director of the Center for Housing Policy, a nonprofit research group. "And cities where property values are up and budgets are generally more stable have the wherewithal to provide tax breaks." Ms. Sturtevant said that given that many of the younger, newer arrivals do not necessarily plan to stay for long, cities are making a sensible economic choice. "There's less personal investment and less incentive to stay, so cities are saying, `Let's invest in the stayers,' " she said. In Boston, which an analysis by the Federal Reserve Bank of Cleveland last year found had the highest gentrifying pressure in the nation — followed by Seattle, New York, San Francisco, Washington and Atlanta — concluded that about one - fourth the city's population lived in gentrifying neighborhoods. "Property values are increasing exponentially, and longtime homeowners are victims of the success story," said Stephen J. Murphy, a city councilor in Boston who co- introduced legislation allowing residents who have owned homes for more http: / /www.nytimes. coml2O l 4/03 / helping- residents- resist -the- new- gentry.html ?emc =... 3/10/2014 1i11%+"LV11Ciu v U011URicallOn - lv Y l lmes.com Page 3 of 4 than xo years and whose property taxes have increased by 10 percent or more to defer property tax payments until they sell their home. The bill, approved by the City Council, is pending the approval of the state legislature. But Philadelphia, undergoing a resurgence during which the city has had its first population increase since the 195os, appears to have enacted the most comprehensive measures to safeguard longtime homeowners. The first, the Homestead Exemption, allows most homeowners to reduce the assessed value of their house by $30,000 for tax purposes, while a second law, called Gentrification Protection or LOOP, short for Longtime Owner Occupants Program, is more narrowly focused on protecting homeowners from increases to their property tax bills because of gentrification. The program generally allows homeowners who have lived in homes for 10 years or more and whose household income is less than about $110,00o annually to cap and freeze their assessments for 10 years if the assessments increased by 300 percent or more as part of the city's new property tax formula. "Philadelphia is a city of neighborhoods, and the reason people want to move to our neighborhoods is because of the character they have," said Mark Squilla, a council member who said it had been common in his district for home assessments to surge by as much as 10 times in a single year. "Gentrification is a great thing. But we have to keep a handle on it." Rene Goodwin, who lives in the same South Philadelphia neighborhood her grandparents lived in during the 1920s, has seen the value of her home rise to $281,000 from $90,00o in a single year. "To keep an urban area vital, there has to be an infusion of new people and buildings, but that doesn't mean you destroy people who have kept up the neighborhood, who've swept the sidewalk," she said. "It's that commitment that has made developers interested in the neighborhood — and then you're going to penalize the people who've stayed ?" Jacy Webster, 56, who lives on what had until recently been an Italian - American block in South Philadelphia, said he had come to feel like a stranger. The new arrivals, mostly young families, seem to move a step faster than he does or to not see him. Old courtesies like waving hello and casual chats have become rare. "I don't belong anymore," he said. http:// www. nytimes .coml20l4 /03 /04luslcities- helping- residents - resist - the - new- gentry.html ?emc =... 3/10/2014 - _ (Common Coultrif M 1 CITY OF BUFFALO LOVEJOY DISTRICT RICHARD A. FONTANA LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1316 -A CITY HALT BUFFALO, NY 14202 -3318 ` PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 E -mail: rfontana@city- buf£alo.com 3/17/2014 Patrick Sole, Director of Licensing Department of Permit and Inspection Services 301 City Hail Buffalo, NY 14202 e: Food Store Licenses in the Lovejoy District Mr. Sole: 1 XI) CHAIRMAN FINANCE COMNIITTEE COMMITTEES CIVIL, SERVICE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE ASSISTANT THOMAS J. OLEjNICZAK Please apply the following conditions to the 2014 Food Store Licenses in the Lovejoy District as described below: District -Wide Conditions - No sale of drug paraphernalia, including but not limited to glass test tubes, glass pipes, glass pens, or "Chore Boy" scour pads Location Specific Conditions 1) 669 Walden Ave: - No sale of tobacco wraps or rolling papers - No sale of drug paraphernalia, including but not limited to glass test tubes, glass pipes, glass pens, or "Chore Boy" scour pads 2) 1245 E. Delavan Ave: - No sale of blunts, tobacco wraps, or rolling papers - No sale of drug paraphernalia, including but not limited to glass test tubes, glass pipes, glass pens, or "Chore Boy" scour pads - Must have security guard on premises during all hours of operation Sincerely, Tc -car Richard A. Fontana Lovejo District Councilmember ADOPTED AND REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS ' 0 �1 King Charter plan goes to Buffalo lawmahrs - Buffalo- Business First f From the Business First _- : http :/ /www.bizjaurnals.eorn/bufFalo /news /2Q14/03/13/ king - charter - plan - goes- to- baffala- lawmakers.htmf Mar 13, 2014, 3:05pm EDT King Charter plan goes to Buffalo lawmakers Sri Dan Miner Reporter- Business f=irst Em& I Twitte r I LinkedIn o €+ A vacant school building owned by the city of Buffalo will be brought back to life, pending a vote of the Common Council. The Kin. Center Charter rter School board of trustees voted Wednesday to approve the purchase of the former School 71, near Schiller Park and the Buffalo - Cheektowaga border. The price will be $330,000, with $200,000 of that subsidized by a state Charter Schools Institute Grant, meeting the city's appraised price for the 104 Lang Ave. property. The 5 5,000- square -foot building has been vacant since 2008 and will be the permanent home for King Center school, which is currently split between the St. Mary of Sorrows Church and King Urban Life Center. The school was founded in 2000 and received a five -year charter renewal in 2013, the maximum allowed in New York. It plans to invest about $1 million into Its new digs, including the addition of a kitchen and cafeteria and a new synthetic hockey rink. The building has enough space to accommodate the charter's expansion from its current K -7 footprint of 312 students to a K -8 cohort of 432 students, the size it expects to be by 2017. School officials said the move will allow them to save the $167,000 it annually pays in rent for use of the King Urban Life Center, "The significant money well save with this move will be invested right back into our students' education," said a eri e e la er president of the King Charter board. The school has a 100 student waiting list and less than 5 percent turnover. It has 52 teachers and staff and a student body that is mostly African - American and low- income. The purchase must be approved by the City Council. Council member €c and Fontana is sponsoring a public meeting on the purchase and move from 6:30 to 8 :30 p.m, on March 19 in the Schiller Park Senior Center, 2057 Genesee St. Dan Miner is Business First's enterprise -reporter, He also covers education and public companies. .REFERRED TO COMMITTEE 'ON COW http : / /vm w.bizj ournals.com/buffalo /news /2014/03/13/k ng - charter - plan - goes -to •buffalo -I awmalE?rs. html ?s =print 111 _ _ r t h : h ® DAVID A. FRANCZYK FILLMORE DISTRICT COUNCIL MEMBER 3/18/2014 Patrick Sole, Director of Licensing Department of Permit and Inspection Services 301 City Hail Buffalo NY 14202 RE. 2014 Food Store License Renewals- F111more Council District Location Specific Conditions: 1069 Broadway- Not to be renewed. Location Specific Issue: 1) 1538 Broadway —Store is not currently open for operation. Sincer IV, f� Da Id A Franczyk Fillmore District Councilmember 65 NIAGARA SQUARE 1316A CITY HALL BUFFALO, NY 14202 -3318 (716) 851 -4138 FAX: (716) 851 -4869 E -mail: dfranczyk@ city- buffalo.com City of Buffalo Website: www.city- buffalo.com PERM`I'TS AND REFERRED ' THE PERMITS AND INSPECTIONS S COMMISSIONER OF ECONOMIC DEVELOPMENT 1� 1 �S A/i� oJ� ; 's J Jamson S. Lwebuga- Mukasa �/ Pounder, president and CEO, Respiratory & Environmental Exposure Consultants Schumer and Cuomo's Dirty Little Secret Posted: 03/05/2014 7:50 pm EST Updated: 03/06/2014 3:59 pm EST Print Article If YOU re not from Western New York, home to the Buffalo Bills and the region of New York north of Albany and bordering with Canada, you probably have never heard of The Peace Bridge, the connecting highway between the U.S. and Canada. This ironically named project has been a bone of contention amongst community leaders, scientists, politicians and developers for years. The Bridge was built in the 1920s but a major sticking point has been the expansion of a large truck plaza adjacent to a one particular community on Buffalo's West Side, which already experiences a disproportionate amount of air pollution from the bridge. Why should you care? Unless you're dwelling in a forest somewhere, chances are you live or work near a highway and /or bridge -- and what happens here in Buffalo may impact the cost/benefit analysis your city makes between your health and what it gains from commercial interests. Because Buffalo is an international city, trucks and vehicles travelling across the border experience additional checks, resulting in a number of idling vehicles in the Peace Bridge plaza. And plans are afoot to expand the plaza to accommodate even more traffic. The state's Democratic leaders have also put forth the notion that speeding up this inspection process, something they're calling pre - inspection, will lessen the impact of Peace Bridge traffic. But the way they have framed this issue only reveals that they fundamentally misunderstand the problem and how to solve it. Or, perhaps more cynically -- that they've decided to put economic 41 1 rRD c;T-r h� interests ahead of public health. Why will pre - inspection not improve air quality on Buffalo's West Side? The fact is, despite the rhetoric of Sen. Charles Schumer, D -N.Y., and Rep. Brian Higgins, D- Buffalo, it's flawed logic that speeding the flow of traffic by inspecting a percentage of trucks in Canada will fix the problem. They are wrong. For them, this is about money. As Schumer says in a press release, "The peace Bridge is an economic artery for Western New York, pumping in vital investment and 'ob claims, "The Peace Bridge traffic bottleneck leads to frustration and unpredictability hthat keeps people away from the border and closes off economic opportunity." p Governor Cuomo is equally impervious to the impact pollution actually has had on the community. Here's what he had to say on this topic in a February 24 press statement: "After decades of dysfunction and delay, today's announcement is another common sense step forward in making lone talked about improvements to the Peace Bridge a reality," Cuomo said. "This move is a win -win for residents on both sides of the bridge, resulting in quicker trips across the border, reducing congestion and pollution, while improving the flow of traffic and health of neighboring communities." Is this really.a win -win for residents when each day scores of West Side children are hospitalized for asthma complications? Who is really being asked to pay the price for growth? The reality is whether truck inspections occur on U.S. or Canadian soil, prevailing winds continue to blow toxic diesel exhaust from Fort Erie across the Niagara River, and into the Iungs of West Side children . children not deserve the clean air others enjoy? We have been told that new federal emissions standards will reduce pollution on the West Side. This is false. A cloud of smoke trailing out of big rigs' exhaust pipes contains billions of microscopic pollution particles. Only the largest of these toxic particles are regulated by the U.S. Environmental Protection Agency. West Side residents are being made sick by much smaller "ultraflne" particles. Institutions across the country are beginning to unpack the causes of asthma and other illnesses, and there are several things we do now li -.ow: According to my research at the University at Buffalo and internationally renowned experts from leading research institutions -- the Harvard School of Public Health, Clarkson University, Columbia and University of Washington -- ultrafine diesel exhaust particles are definitively linked from Peace Bridge truck traffic to the disproportionately high rates of asthma, cancer and other diseases among West Side residents. U� Some argue that this research is "woefully out of date." They contend that recent emissions standards have improved West Side air quality. However, ultrafine Particles are regulated by the EPA and remain as plentiful today as they were in 2011, when published by the Health Effects Institute. our research was New York State officials, on the other hand, have attempted to invalidate this research by releasing an invalidated study of their own in October 2013. Their studies not only employed a flawed methodology, but failed to examine the alarmingly high concentrations of ultr particles in the West Side, The State Department of Environmental Conservation cannot study ultrafine particles because it does not have the necessary equipment. - Pre- inspection is not the answer to the West Side's asthma epidemic, and no one should say otherwise. Business as usual will create another permanent generation of sick community residents on the West Side. This will not stop until you, your family and your friends call upon local Ieaders to cut the rhetoric and produce a responsible solution based on scientific facts, not science fiction. The public is beginning to wake up to the fact that a number of health issues they may be experiencing are directly impacted by vehicle exhaust and idling traffic in densely populated areas. Advocating for health may put you at odds with politicians and business interests -- but it could also save lives. 14 version of this article was originally posted in The Bgffalo .� Tetivr Copyright c0 2014 TheHuffington Post, com, Inc. "The Huffington Post" is a registered trademark of The Huffington Post. com, Inc. All rights reserved. Part of HuffPost Local DEFERRED TO THE COMMITTEE OIL GOWiSUNITY DEWELOPMENT, Frontier Hot Dip Galvanizing, Inc. 1740 Elmwood Avenue P.O. Box 199 fx Buffalo, New York 14207 -0199 875 -5379 a 875 -2091 FAX 875 -5435 0� " Lewis Pierce 1740 Elmwood Ave Buffalo, NY 14207 716- 875 -2091 November 11, 2013 Mr. Joseph Golombek, Jr. North District Common Council Member 1502 City Hall Buffalo, NY 14202 Dear Mr. Golombek, Jr., t— 4 6 K, L 1,4/15 l7`ID 1�L_fi- rwoaJ� My company, Frontier Hot -Dip Galvanizing, Inc, was founded in 1970 and currently has 35 employees. I am writing you in regard to a situation concerning our water line. Our water line is located along Elmwood Avenue and the Buffalo Water Department is requiring us to have a "hot box" with a meter within 50 feet of the street. However, this is not possible as we own no property within 50 feet of Elmwood Avenue. I am requesting a variance permitting us to put this "hot box" with a meter in a building on our Property. This variance is of particular importance to our company due to a recent event. The property in front of ours was recently purchased by Rocco Termini as a developmental project, and as a result of this project, we were required to make significant changes to our operation. Our front yard is no longer usable and we have been forced to purchase additional land and equipment totaling over $120,000 in order to adapt to these changes. The changes created by this project have caused a considerable financial burden for my company and this variance would help to provide some much needed relief. I appreciate your attention to this matter. Please feel free to contact me with any questions or concerns. Sincerely, 41,t4 ,�c Lewis Pierce � iz �g U' - E Rt, ° � [ P ry ` F ' r �� l ko ��0Ns�k "EE President, Frontier Hot -Dip Galvan L :94T, s� "This is our only business and we do it well" _�- Common counril ?= CITY OF B UFFALO JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 CITY HALL BUFFALO, NY 14202 - 3318 PHONE: (716) 851 -5116 • FAX: (716) 851 -5648 E -mail. jgolombek@di.ci.buffalo.ny.us L.E l March 18, 2014 James Comerford, Commissioner Permit & Inspections Room 324 City Hall Buffalo, NY 14202 Dear Commissioner Comerford: I am requesting that the following Food Store Licenses not be renewed. 897 Tonawanda Street 67 Hertel Avenue 570 Hertel Avenue Sincerely, Joseph Golombek, Jr. City of Buffalo North District Councilmember JG /sb COMMITTEES CLAIMS COMMUNITY DEVELOPMENT, CHAIR LEGISLATION SPECIAL COMMITTEES BUDGET EDUCATION MBEC POLICE OVERSIGHT, CHAIR WATERFRONT DEVELOPMENT SENIOR LEGISLATIVE ASSISTANT SANDRA FRIEDAY -LEWIS ASSISTANT LEGISLATIVE AIDE MICHAEL MAZGAJEWSKI ADOPTED AND REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS 5S� G S`. March 4, 2014 Mr. Mark Jaskula Senior Legislative Assistant Common Council City of Buffalo 65 Niagara Square — Room 1413 Buffalo, New York 14202 -3318 Mr. James Montour Legislative Assistant Common Council City of Buffalo 65 Niagara Square — Room 1413 Buffalo, New York 14202 -3318 Dear Messrs. Jaskula and Montour: rti 1�e GSA Office of Congressional and Intergovernmental Affairs 6 0 A r -�' G 7 � 0 10 I Thank you for your letters of invitation dated February 20, 2104, requesting employees Dan Tangherlini, Denise Pease, Madeline Caliendo, and Peter Rizzo of the U.S. General Services Administration (GSA) to appear before the Committee on Community Development scheduled for March 11, 2014, in Buffalo, New York. I am writing to respectfully decline your invitations on behalf of GSA and these individuals. Given the importance of the topics to be discussed, however, we will be providing a Statement for the Record with attachments under a separate cover. Sincerely, Lisa Austin Associate Administrator REF ERR T O THE (;OMd I @ TEE ON DEVE-1- U.S. General Services Administration 1800 F Street, NW Washington, DC2DO www.gsa.gov , V (202) 541-M .4 t. ry �� Cherry St. 005- Cherry Street Block Club . 255 Cherry St, Buffalo, NY 14204 856 -3457 . 847 -1947 Council President Darius Pridgen City Hall Niagara Square Buffalo, NY 14202 Q 4�-e r / C, A —r - 10J l a =lev X 61 Dear Council Member Pridgen: We appreciate and support your resolution addressing potential gentrification in the Fruit Belt. Though separated by the Expressway, Cherry Street remains a part of the F in spite of its `artificial' designation as the border of the Willert Pra x uit Belt. (That's tt project.) Historically, it was the connecting street for Locust, Maple and Mulberry Streets, etc. The Cherry Street and Friendly Fruit Belt Bloch Clubs Inspiration Garden (reconstructed in partnership with the State Department of Transportation in 2011) demonstrates the continued bond. A few years ago -- during a community meeting in St. John's athletic facility — comments were made, by a legislator, that the Medical Campus could possibly endeavor to expand across the Expressway. Certainly, that is concerning to Cherry Street residents. There are several who have lived on the street for more than 50 years. Some, myself included, have built homes along with newer homeowners. Bottom line, we are requesting for you to be mindful of our street and to make sure it's included in your gentrification safeguarding (or any additional) efforts far Fniit Belt residents, Sincerely, Barbara Ma s� REFER `�O `�'' E COPWX TI President rr O C V'i'i k) UU qI Y F -VE LO PPJh' i� T , cc; Block Club members /Cherry St, residents Cherry Street The Street of GoadNgighhors in the City of G oodNeighho rs The 3suffaCo Common (CaunciC MICHAEL J. LOCURTO DELAWARE DISTRICT COUNCIL. MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202.3318 PHONE: (716) 851 -5155 ♦ FAX: (716) 851 -4553 E -maii: miocurto @city- buffalo.com CHI EF OF STAFF ALYSSA K. WEISS LEGISLATIVE ASSISTANT SARAH BISHOP March 17 2014 k Re: Food Store Licenses in Delaware District �G. COMMITTEES ® 9 ,g COMMUNITY DEVELOPMENT FINANCE CLAIMS Common Council Imposed District -Wide (Delaware District) Conditions - MUST HAVE WORKING SECURITY CAMERAS INSIDE AND OUTSIDE OF STORE AND MUST MAKE TAPES AVAILABLE UPON REQUEST - NO SPRAY PAINTED, HAND PAINTED OR AIR - BRUSHED SIGNAGE OR GRAPHICS ON BUILDING - NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING (LOTTERY), OR ALCOHOL - NO SELLING OF LOOSE ITEMS, SUCH AS CIGARETTES, DIAPERS, ETC... - MUST HAVETRASH RECEPTACLES OUTSIDE STORE AND BE MAINTAINED - . NO PAYPHONES OUTSIDE OF STORE NO BLOCKING OF WINDOWS - ANY BROKEN WINDOWS MUST BE REPAIRED WITHIN 72 HOURS - NO SMOKING IN BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS NO VEHICLES PARKED ON SIDEWALKS ECONOMIC DEVELOPMENT ADOPTED AND REFERRED TO THE COMMISSIONER OF PERMITS AND INSPECTIONS 6u b Working for Today - Planning for Tomorrow Tot Nuffato Common (Counitt MICHAEL ). LOCURTO DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HAIL BUFFALO, NY 14202-3318 PHONE: (716) 857 -5155 ♦ FAX: (716) 857 -4553 E -mail- mlocurto@city- buffalo.COm I COMMITTEES COMMUNITY DEVELOPMENT FINANCE CLAIMS CHIEF OF STAFF ALYSSA_K 1NEISS LEGISLATIVE ASSISTANT SARAH BISHOP March 18` 2014 Director Patrick Sole Office of Permit and inspection Services Department of Licenses 3010ty Hall Buffalo, NY 14202 Dear Director Sole: I respectfully request that the food store licenses for the following locations not be renewed at this time: 1. 1301 Hertel Ave - Sunoco -A -Plus 2. 2248 Main Street -A &H Main - Florence Deli Please feel free to contact my office at 851 -5155 to discuss these cases in more detail, and determining the appropriate action for addressing problems and concerns with these businesses in the future. Sincerely, MICHAEL J. /CUR�TO Delaware District Councilmember ADOPTED AND REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS Working for Today - Planning for Tomorrow �� C. 1 �p I Of wanda Office of the Clerk Marguerite Greco March 5, 2014 2p0 fi)(2p kc-, rt-,r,.AAL- Iq� VULCAaJ Integrated Review Coordinator Erie County Dept. of Environment _._ And Planning 95 Franklin Street — 70 Floor Buffalo, NY 14202 To Whom It May Concern: Enclosed is the Site Plan or Zoning Referral to County of Erie, N.Y. and Reply to Municipality Form regarding the following Area Variance request: 1. 196 Vulcan St. For variance for proposed communication tower would encroach approx. (6) feet into the required setback. This variance request will be heard by the Zoning Board of Appeals on Wednesday, March 19, 2014 at 6:30 PM in the Council Chambers of the Municipal Building located at 2919 Delaware Avenue, Kenmore, NY 14217. It is respectfully requested that a reply be received by our office prior to the meeting date. If you have any questions or concerns, please contact our office at the number listed above. Sincerely, Han May Deputy Town Clerk Enclosure BM/Iv cc: Mr. To — Building Dept. uffalo City Clerk EGEN"ED A) KID HLED 2919 Delaware Ave., Municipal Building Room 14, Kenmore, New York 14217 -2308 Phone: (716) 877 -8800 x 810 • Fax: (716) 877 -0578 • Internet: http: / /www.tonawanda.ny.us /townclerk �j r - SITE PLAN OR ZONING REFERRAL TO COUNTY OF ERIE, N.Y. AND REPLY TO MUNICIPALITY Do MT WRITE IN THIS SPACE. Note. Please complete in triplicate. Send on ' Case No.: p p gwal and one copy {with attachments} to Eric County Division of Planning, Room 1053, 95 Franklin Street, Buffalo, N.Y. 14202 Retain last copy for your flies. Received: The proposed action described herein is referred in accordance with the provisions of the General Municipal Law, which provides that if no reply is received in 30 days after receipt of full information including a SEQR EAF if applicable, the municipal agency tray take final action without considering such reply. If, however, reply is received at any time prior to municpal action, such reply must be considered. Description of Proposed Action 1. Name of Municipality: Town of Tonawanda - 2. Nearing Schedule: Date 03/19/2014 Time 6:30 P M Location 2919 Delaware Ave. - C Chamber 3. Action Is before; ❑Legislative Body ❑✓ Board of Appeals D Planning Board 4. Action consists of: New Ordinance Rezone/Map Change 0Ordinance Amendment Site Plan W]Variance Special Use Permit Other 5. Location of Property; F Entire Municipality Specific as follows 196 Vulcan St. (Locationl9katch Map Required} S. Referral reg6ired as ❑State or County D Municipal boundary Farm Operation located in site is•within 500' of: Propertylinstitution Dan Agricultural District D Expressway County Road State Highway DProposed State or County Road, Property, Building! Institution, or Drainageway 7. Proposed change or use (be specific): Variance for proposed communication tower would encroach approx. 6 feet into the required setback R. Other remarks: (ID#, SBL#, etc.) 77.32 -7 -13 9. Submitted by: Brian Mayo, Deputy Town Clerk (Name & Title) 03/05/2014 (Date) 2919 Delaware Ave. Rm. 14; Kenmore, NY 14217 (Mailing Address - Please include zip code) Reply to Municipality by Erie County Division of Planning Receipt of the above - described proposed action is acknowledged on . The Division herewith submits its review and reply under the provisions of applicable state and loci] aw;Tased on the information submitted with this referral. 1. D he proposed action is not subject to review under the law. 2. ❑Farm ZR -3, Comment on Proposed Action, is attached hereto. 3. e proposed action is subject to review; the Division makes the recommendation shown on Form ZR-4, Q;ecammendatlon on Proposed Action, which is attached hereto. 4. ❑No recommendation; proposed action has been reviewed and determined to be of local concern. By the Division of Planning: Date: ZR•1, ECDEP (Rev. 12/95) Buffalo Forge J Site Number C915280 February 2014 Fact Sheet > A .:y Buffalo Forge Update: Draft Investigation Work Plan for X Brownfield Site Available for Public Comment ')d �D� The public is invited to comment on a draft work plan being reviewed by New York State Department of Environmental Conservation (DEC) to investigate the Former Buffalo Forge Property site ( "site ") located at 490 Broadway, Buffalo, Erie County. Please see the map for the site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Draft Investigation Work Plan The draft investigation work plan, called a "Remedial Investigation Work Plan," was submitted to DEC under New York's Brownfield Cleanup Program. The investigation will be performed by Howden North America ( "applicant ") with oversight by DEC and New York State Department of Health (DOH). How to Comment DEC is accepting written comments about the draft investigation work plan for 30 days, from February 28, 2014 through March 29, 2014. The proposed plan is available for review at the location identified below under'Where to Find Information. Please submit comments to DEC project manager listed under Project Related Questions in theWho to Contact area below. Highlights of .the Proposed Site Investigation The investigation will define the nature and extent of contamination in soil, groundwater and any other parts of the environment that may be affected. A 2008 Investigation determined that soil was impacted from previous industrial operations. The primary contaminants of concern included metals (e.g. chromium, lead) and polycyclic aromatic hydrocarbons (PAHs) which are a group of over 100 different chemicals that are formed the incomplete burning of coal, oil and gas. The contamination correlated to the site wide distribution of black foundry sand, at approximately 0.5 to 3.0 feet below ground surface (fbgs). A 2012 investigation found limited groundwater contamination. There is no evidence of off -Site migration of any contaminants. No sampling data for soil vapor & indoor air is available. Next Steps DEC will consider public comments, revise the plan as necessary, and approve the work plan.'The approved work plan will be made available to the public (see Where to Find information below).. After http;llww�edec.nyg ov/chemica1195496,htrrd burralo rorge- NY5 Dept..of Environmental Conservation 114 aunaio rorge- NYS Dept. of Environmental Conservation the work plan Is approved, the activities detailed in the work plan will be implemented. When the investigation is completed, a report will be prepared and submitted to DEC that summarizes the results. DEC will review the report, make any necessary revisions and, if appropriate, approve the report. After the investigation, a cleanup plan, called a "Remedial Work plan" will be developed and a Decision Document will be proposed. The cleanup plan will include an evaluation of the proposed site remedy, or recommend a no action or no further action alternative. The goal of the cleanup plan is to ensure the Protection of public health and the environment. DEC will present the proposed cleanup plan to the public for its review and comment during a 45 -day comment period. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The site is in the City of Buffalo and is comprised of seven parcels each having a separate address, though the site is often identified as being located at 490 Broadway. The - site is bound by Broadway to the South, Spring Streets to the West, and Sycamore Street to the North. The eastern portion of the site borders Mortimer Street to the West, Matthews Street to the North, with George Street, Rey Street and Broadway to the South. Site Features: The site is currently vacant land. Grass vegetation is present in the central and western Portions of the property over the footprints of former buildings and asphalt former parking areas are present in the eastern portion of the property. Current Zoning /Use:The site is currently vacant and is zoned Residential, Commercial, and Industrial Historic Uses: The main site was occupied by the Buffalo Forge Co. from the late 1880s through the early 1990s, which included a machine shop, blacksmith/ foundry, and E.N. Cook's Distillery. The northern portion of the site includes a former filling station, an apparent residential gasoline tank, a furniture repair structure, several dwellings and a garage. In the 1980s, the entire site appears to be utilized by Buffalo Forge Co., primarily as a foundry, machine shop, and storage /warehousing facility. Most recent operations included manufacturing heavy duty industrial air moving equipment, such as fans, blowers and cabinets. The site buildings were demolished in 2006 and 2007. Geology & Hydrogeology. The site is overlain by approximately 1 foot of topsoil, radin to 1.7 g g foot of fill /foundry sand, 3 feet fill (silt, sand, gravel, brick, and wood), 4.5 feet of native clay /silt, to limestone bedrock. The depth of groundwater is approximately 6 -9 feet below ground surface and flows towards the southeast. Additional site details, including environmental and health assessment summaries, are available on DEC's website. Brownfield Cleanup Program htt wvvw .dec.ny.gOVchemicai /95498.html WE °•• � y� •• v �cNa. vi Luvn V1I"ICIikU L.UIISCI YdIIUn ' 7 New York's Brownfield Cleanup Program (BCP)encourages the voluntary cleanup of contaminated 1 ) properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about theBCP, visit DEC's website. Where to Find Information Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed. You may also view electronic versions of project documents by visiting the Digital Files section of this webpage (if available). barge documents may be abbreviated to meet DEC's file size requirements for posting to the website. Hard copies of full project documents are available at the listed locations. NYS DEC Region 9 Office 270 Michigan Avenue Buffalo, New York 14203 716- 851 -7220 ( Call for appointment) Buffalo and Erie County Public Library Attn: Carol Ann Batt 1 Lafayette Square Buffalo, NY 14203 716- 858 -8900 Who to Contact Comments and questions are always welcome and should be directed as follows: Project Related Questions: Anthony lopes, PE NYS DEC, Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 716- 851 -7220 allopes @gw, dec. state. ny. us Site - Related Health Questions: Matthew Forcucci NYS DOH 584 Delaware Ave Buffalo, NY 14202 716 -847 -4501 http:/AvAw-dec.ny.goVchemical/95498.html 314 Outdoor Activities :Animals, Plants, Aquatic Life .............. . ;Chemical and Pollution Control Environmental Cleanup & Brownfields , Regional Remediation Project Information Region 9 - Environmental Remediation Project Information Former Doro Dry Cleaners Energy and Climate i Lands and Waters Education Permits and Licenses Public Involvement and News ! { Regulations and Enforcement i Publications, Forms, Maps 3 About DEC U. Printer- friendly 11 A-Z Subject Index 11 Q,, 'Enter search words Home » Chemical and Pollution Control)) Environmental Cleanup & Brownfields » Regional Remediation Project Information » Region 9 - Environmental Remediation Project Information » Former Doro Dry Cleaners a Former Doro Dry Cleaners - 1 0 rX Important Links Site Number 915238 1119 February 2014 Fact February 2014 Fact Sheet Sheet (5 page PDF, 321 KB) Former Doro Dry Cleaners Update: Public December 2012 Fact Comment Period and Public Meetin sheet (4 page PDF, g 182 KB) Announced About the State Public Meeting: Wednesday, 3M212014 at 6:30 PM Superfund Program Our Lady Help of Christians Church 4125 Union Road, Cheektowaga, NY DEC invites you to a public meeting to discuss the remedy proposed for the site. You are encouraged to provide comments at the meeting, and during the 30 -day comment period described in this fact sheet. The public is invited to comment on a remedy proposed by New York State Department of Environmental Conservation (DEC) related to the Former Doro Dry Cleaners site ( "site ") located at 3460 -3466 Genesee Street, Cheektowaga, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Digital Files • Remedial investigation /Feasibility Study Report (156 page PDF, 4.15 MB) PDF Help For help with PDFs on this page, please call 716- 851 -7220. Contact for this Page NYS DEC Region 9 Headquarters 270 Michigan Avenue Buffalo NY 14203 716 -851 -7220 Send us an email This Page Covers low http:llwww.dec:ny,g ovlcherrical187493.html 116 r vrrI"I uUlu urvl.IPRnP.rC +NY7: n7 t of Doro Dry Cleaners site before Site Investigation I=I -L - u, y — ,leis - ry r5 uept. of tnNAronmental Conservation • Proposed Remedial Work Plan (Document 1 of 4) (27 page PDF, 335 KB) J • Proposed Remedial Work Plan (Document 2 of 4) (PDF, 3.77 MB) • Proposed Remedial Work Plan - Figures (Document 3 of 4) (2 page PDF, 4.28 MB) • Proposed Remedial Work Plan -Figures (Document 4 of 4) (4 page PDF, 1.27 MB) How to Comment DEC is accepting written comments about the proposed plan for 30 days, from February 27, 2014 through March 28, 2014. The proposed plan is available for review at the location identified below under Where to Find Information. Please submit comments to DEC project manager listed under Project Related Questions in the Who to Contact area below. The site is listed as a Class "2" site in the State Registry of Inactive Hazardous Waste Sites (list of State Superfund sites). A Class 2 site represents a significant threat to public health or the environment; action is required. Proposed Remedial Action Plan The remedy proposed for the site includes: • Excavation and off -site disposal of soils above the water table in two areas along the east and west sides of the building on site. • The excavations will be backfilled with a mixture of clean soils and chemicals that promote the degradation of the contaminants remaining in the groundwater and soils beneath. • A sub -slab depressurization system (SSDS) would be installed in the on -site building to draw contaminant vapors from beneath the building, using piping and a fan - powered vent, to discharge those vapors to the atmosphere. • A similar SSDS installed in one of the nearby homes will continue to be monitored and maintained. • Some homeowners had declined to have their homes evaluated for soil vapor intrusion. Should they request to have their property evaluated in the future; a determination will be made as to whether or not such an evaluation is still necessary or appropriate. Any .actions recommended to address exposures related to soil vapor intrusion will be implemented. • Groundwater will be monitored over the short term to assess the performance and effectiveness of the proposed remedy. Summary of the Investigation The RI identified potential source areas of chlorinated solvent contamination from the former dry cleaning facility on site. The source area east of the on -site building, was characterized by cis -1,2- http'/AwA 216 u I— Jvv 'y% , 1oaiicib- 14iaULIP1.mcnmronm maluonse'vmon dichloroethene (cis -DCE) and vinyl chloride in the groundwater. The - source area west of the on -site building, which may have been the result of solvents leaking out of a dry cleaning machine inside the building, is characterized primarily by tetrachloroethene (PCE) in the soil. Cis -DCE was also detected in samples collected from a sump inside the on -site building. Groundwater velocity was found to be slow. Contaminated groundwater plumes extend approximately 150 feet to the northwest and south from the on -site source areas. While PCE and trichloroethene were found in the groundwater, cis -DCE and vinyl chloride were found at significantly higher concentrations and are considered the principle groundwater contaminants. Soil vapor intrusion sampling of the on -site building found that PCE was the principle contaminant in the sub -slab vapor and indoor air. The other site - related contaminants were present at significantly lower concentrations. The source of the sub - slab vapor and indoor air contamination is presumed to be the PCE - contaminated soils in the source area on the west side of the building. DEC developed the proposed remedy after reviewing the detailed investigation of the site and evaluating the remedial options in the 'feasibility study" submitted under New York's State Superfund Program. Site Timeline 40 years Dry cleaning facility 2008 Phase I Environmental Site Assessment 2010 Phase 11 Environmental Site Assessment 2011 Nearby homes were evaluated for soil vapor intrusion 2012 Phase iI Environmental Assessment - property east of site 2013 Remedial Investigation report to be released 2014 Remedial Action Plan proposed with public comment period Next Steps DEC will consider public comments as it finalizes the remedy for the site. The selected remedy will be described in a document called a "Record of Decision" that will explain why the remedy was selected and respond to public comments. Adetailed design of the selected httpa/ vww.dec.nygoVchemical /87493.htm! 316 L—rd, vuruuryuieaners- NYSUept .otEnAronrnentalConservation remedy will then be prepared, and the cleanup will be performed. Background Location: The Former Doro Dry Cleaners Site is located at 3460- 3466 Genesee Street in the Town of Cheektowaga, Erie County, New York. The site is located in a commercial and suburban setting, near Union Road and NYS Route 33. Site Features: The main site features include two attached buildings with parking areas located to the south and west. Directly to the north is undeveloped land covered by grass, bushes and trees; immediately adjacent and west of the open lot are the backyards of several homes. Located to the east is commercial property consisting of a large shopping plaza. Current Zoning /Use: The site is currently zoned for general commercial use. The current owner uses the north end of the building for storing office equipment and has made some renovations to the south end of the building for eventual use as office space. Surrounding parcels are currently used for a combination of residential and commercial use. The nearest residential area is located immediately adjacent to the site to the west- northwest. Historic Use: Prior uses that have led to site contamination include the storage and use of chlorinated solvent for the dry cleaning facility that operated in the two buildings for approximately 40 years. Completed site investigations include a Phase I Environmental Site Assessment (2008) and a Phase 11 Environmental Site Assessment (2010) which indicated contamination leading to the site's listing as a class 2. A 2012 Phase 11 Environmental Assessment of the commercial property immediately east of the site was also completed. Site Geology and Hydrogeology: The geology on -site consists of a thin, 1- to 4 -foot thick layer of topsoil and organics underlain by brown to reddish -brown clay, which varies in thickness from approximately 2 to 10 feet. This clay layer is underlain by a light brown sandy clay layer, which varies in thickness from approximately 2 to 6 feet. Groundwater is encountered in this sandy clay later. The sandy clay is underlain by glacial till, which ranges in thickness from about 2 to 4 feet. The glacial till was deposited on Onondaga Limestone bedrock, which was estimated at depths of between 14 and 16 feet below ground surface (bgs) across the area sampled. Groundwater flows on -site from a high point under the former Doro Cleaners building to the northwest and southwest. The groundwater occurs at depths of approximately 8 to 12 feet below ground surface Additional Details http: //w vw.dec,nygodchemicai /87493,htM 416 ru,rrrdr uurouryusa - NYS - Dept, of Environmental Conservation Additional site details, including environmental and health assessment summaries, are available on DEC's website. State Superfund Program New York's SSF identifies and characterizes suspected inactive hazardous waste disposal sites. Sites that pose a significant threat to public health and /or the environment go through a process of investigation, evaluation, cleanup and monitoring. DEC attempts to identify parties responsible for site contamination and require cleanup before committing State funds. For More information We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. *Receive Site Fact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available. it's quick, it's free, and it will help keep you better informed. As a listsery member, you will periodically receive site - related information /announcements for all contaminated sites in the county(ies) you select. You may continue also to receive paper copies of site information for a time after you sign up with a county listserv, until the transition to electronic distribution is complete. Where to Find Information Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed: NYS DEC Region 9 Office 270 Michigan Avenue Buffalo, New York 14203 716 -851 -7220 (Call for appointment) Who to Contact Comments and questions are always welcome and should be directed as follows: Project Related Questions: David Locey DEC, Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 -2915 716 -851 -7220 dplocey @gw.dec.state. ny. us �J YYTF,), AND' FP L EF1 r http: //w vw .dee.ny.goVr,hemical /87493.htmi 516 -vr v ui y �_,rmi ier s - ry To uept. of tnmralmental Conservation Site - Related Health Questions: Matthew Forcucci NYS Department of Health 584 Delaware Ave Buffalo, NY 14202 -1295 716- 847 -4501 beei @health. state. ny. us Site Location Privacy Policy ( Website Usage and Policies J Website Accessibility f Employment I Contact Us`l Website Survey Copyright O 2014 New York State Department of Environmental Conservation http: /lwu v.dec.nygovlchenrical /87493.html sib Aerial view of the Former Doro Dry Cleaners site T�s,E ALLY ii. BYRON W. BROWN MAYOR CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Memorandum From: Peter J. Merlo, P City Engineer To: Julia A. Paul Senior Legislative Assistant City of Buffalo Common Council Date: March 7, 2014 Y e: 123 Roberts Ave. STEVEN J. STEPNIAK COMMISSIONER PETER J. MERLO, P.E. CITY ENGINEER This memo summarizes the findings relating to the May 28, 2013 email inquiring about the water lines, water services, and truck route status. The first response addresses the waterline protection program. Tun Cupo, Project Manager from Veolia Water, stated the following in his 2//10 /14 email: "The following link can be accessed for information regarding water line protection which is available to all eligible residential property owners in Buffalo. www. rotectm buffalohome.com Please call me directly if anyone has previously been turned down. I am also available to answer any additional questions you aright have to this regard. I can be reached at 71 6- 239 -6303. Thank you, Tim" We also checked the break history on that line which is attached. Per discussions with the Division of Water, this is a pipe that was installed in the 1890s. It is located in a dead end street so if we take it out of service, all will be affected. They believe it is a candidate for replacement, but does not appear to be an immediate or emergency replacement candidate based on the break history. Presently there are no funds for this for next construction season. Water will consider this as a project for future capital bond sales. Also, there was question regarding Roberts as a truck route. Roberts is not a truck route. However, if there is point of origin or point of destination on Roberts, then the trucks must be owed to arrive /depart via the most direct route to /from a Truck Route (i.e., Clinton all Street). An aerial view of Roberts is shown on the next page. Trucks must be allowed to access the property. The only way to do so is via Roberts Ave. t ;,. ON FINANCE. 65 NIAGARA SQUARL / 502 CI'rY NMI, / BUFT"AL O, NY 14202 -3373 / (716) 851 -5636 / FAX (716) 851 -4201 / Rmail: sstepniak a@city- bidfalo.com 1' v u EE 2 # ry p z Yr �� 9 � s 5 gggggg [ Y Iva 3 WORM ,b z ` F , eJ h� �*� s F - '`' � 1 �, w j k Fa w �a58F} ris3' � � 't;�' s ✓ - F Ku l ��,iu a » i 3 work Order Number Date Created Pipe Repair Loc Date Comple 1339765543_hahn 6/15/2012 Roberts Ave 6/15/2012 1340020 706imurphy I 6/19/2012 Roberts Ave 6/19/2012 1367825882 5/6/2013 Roberts Ave 5/6/2013 Problem Code 6/1S/12 worked to locate leak on garner located leak in the vic of pole 304 garner leak on 6" main must be dug to verify marked with white paint for underground sound on service at 4 garner & 302 dewitt m191 x732 MAIN-1 6- 15- 12. ... SHUT DOWN 6" MAIN ON ROBERTS DRILLED HOLES TO LOCATE LEAK BROKE OUT DUG UP AND FOUND CRACK RUNNING ON 6" PIPE REMOVED 6' OF DEFECTIVE 6" PIPE INSTALLED 6' OF PIPE WITH 2 CPLG TO REPAIR TURNED ALL VALVES IN SHUT DOWN BACK ON CALLED MAIN BACK IN SERVICE FILLED TRENCH WITH GRAVEL AND BLACKTOP TO COMPLETE CLEANED AREA WITH FIRE HOSE USED 6' OF 6" PIPE........ 2 6" COUPLINGS 6/1S/12 SLIGHT LEAK ON 6" MAIN CAN WAIT UNTIL MORNING 5/19/2012 SHUT DOWN 6" MAIN ON ROBERTS. BROKE OUT PREVIOUS REPAIR TRENCH 5' MAIN_I SOUTH. DUG UP AND FOUND 5" HOLE WITH CRACK AROUND. INSTALLED 6 1 IX15" CLAMP TO 4FOR IR. TURNED ALL VALVES BACK ON CALLED MAIN B.I.S. FILLED TRENCH WITH GRAVEL AND KTOP TO COMPLETE RETURNED 1- STEEL PLATE X15 REPAIR CLAMP R117 P242 M166 013 CIT2EN REPORTS WATER BUILDING UP AT POLE #116 ROBERTS, SLIGHT , OSSIBLE MAIN LEAK PUSHC HECK 5/3/13 VERY SLIGHT LEAK SEEPING OUT OF STREET OVER 6" MAIN AT POLE #116 Z142, P242 MA1N_1 5/6/2013 DRILLED HOLES AND FOUND WASH OUT. BROKE OUT STREET AND DUG UP 6" MAIN. FOUND HOLE ON TOP OF PIPE AND INSTALLED 6 "X20" REPAIR CLAP. TURNED LINEON AND FLUSHED, FILLED IN TRENCH WITH GRAVEL AND BLACKTOP. HOSED DOWN AREA TO CLEAN UP MUD 1 6"X20" 3227 P232 A150 R117 M164 M191 O FLI S all 0 Dr. Pamela C. Brown 7 . Superintendent �J 0 0 5 9 4 Joseph A Giusiana, P.E, Executive Director Division afMantServices car School Planning March 3, 2014 Hon. Darius G. Pridgen President of the Council Ellicott District Common Council Member 1315 City Hall Buffalo, NY 14202 Re: School #11 Poplar Academy 100 Poplar Avenue Buffalo, NY 14211 Dear Council President Pridgen: IP°k'', e, Y"� L) C) This is to inform the Council that the Buffalo Public Schools, Division of Plant Services and School Planning, has officially transferred as is and in kind, the use of former School #11 Poplar Academy to the City of Buffalo effective February 28, 2014. Regards, C Joseph P. iusiana, P.E. Executive Director of Plant Services JPG:vk c: F. Barrile, COB Audit & Control B. Mehaffy, COB Office of Strategic Planning C. Nelson, COB Division of Rcal Estate COB, Division of Water B. Smith, BPS CFO /COO S. Eager, BPS Director of School Plant Operations RRED TO THE CQMMITTEE AUNITY DEVELOPMENT. 403 City Hall • Buffalo, Neiv York 14102 V Phone: 716 - 816 -3652 0 Far: 716 -816 -3527 Kieinhans Community Association 380 Hudson Street Buffalo NY 14201 Kleinhansca mail.com Darius G. Pridgen - Council President C 6) k �� a Ellicott District Common Council Member l ?, /A) 1315 City Hall 0 r, JVO ! y C. I R G Buffalo NY x.4202 l � /� Dear Council Member Pridgen, I am writing because I am concerned about the proposed 23 parking spots that will be added to 10 Symphony Circle's parking lot on North Street. This is being proposed by Ellicott Development. I am very pleased that Ellicott Development is investing into this neighborhood and they have worked hard to get good tenants in their building. 1 am, however, concerned about any boss of green space and with any increase in paved spaces in my neighborhood. I don't want to see any trees or landscaping destroyed in this process and I don't want an increase in run -off that already taxes our combined sewer systems whenever it rains. I would therefore like to propose some ideas for Ellicott Development so that we can do this through green infrastructure. I am asking the board to took into enforcing these options with ERIC= Development so we can have a compromise where everyone is happy. 1. Use permeable asphalt for the new parking spots 2. Create Rain Gardens around the parking lot on North Street so that the run -off from the parking lot goes into the rain garden instead of our combined sewer system 3. Only put in 20 parking spots instead of the proposed 23 so that the parking lot does not harm the huge Purple Beech Tree that has been occupying the space for 130+ years. 4. For every parking spot that is put in, Ellicott Development will plant that marry trees, shrubs, and or perennials on the property surrounding the parking lot. 5. Removed the chain link fence around the parking lot and replace with a natural barrier such as shrubs and wrought iron fencing. It should also be noted that this parking lot falls within the Allentown Historic Preservation district. The existed chain link fence is grandfathered in because it has been there for so long. However, any disturbance to this parking lot should force the entire parking lot to have to follow Historic Preservation Code which would include taking down the chain link fence and replacing with a wrought iron fence and/or with a natural boarder. Thank you for looking into these options. Every choice that is made regarding this historic corner would change the landscape of this corner for many generations. Let's make decision that will make it green, more beautiful and follow the vision of Fredrick Olmsted. 19 U Sincerer 1 2 REFERRED TO THE COMMITTEE KristaPalgutt C(0WR�_ UI'r`� T Y DEE V �` L 0 ��F_;� . ��IE���?�:`l� F 1 President of the KCA S 5 II THE PEACE BRIDGE CROSSING PATHS 13UILDING FUTURES March 11, 2014 ' � � P &,q c, f Lq, � U P-0 _T6C_ Buffalo Common Council Central Staff Office Attn: Council President Darius G. Pridgen Room 1413 65 Niagara Square Buffalo, NY 14202 -3318 Dear Council President Pridgen and members of the Common Council: We understand that there is a special meeting of the Common Council scheduled for 5:30pm on March 11, 2014, "to discuss impending Peace Bridge projects and the various health concerns within the neighboring region': On the matter of health concerns and diesel emissions we thought it would be helpful for you to have a more complete up to date understanding of the issue. Peace Bridge opponents reference air quality and asthma concerns' based on old data and reports from as far back as 2001. The latest material that has been referenced is from 2005 -2006. The fact is the current science from the last few years paints an entirely different picture. For example, in a diesel truck emissions study released just three months ago, the world renowned Health Effects Institute (HET) stated that for newer trucks: "emissions of fine Particles — a pollutant of significant public health concern whose emissions have been significantly reduced by EPA regulations — were also 99% lower L'han in 2004 emissions ". Currently, two- thirds of trucks crossing the Peace Bridge are 2007 or newer. In March 2012 the Environmental Protection Agency (EPA) presented the `Report to Congress on Black Carbon," The report stated: `As a result of these standards, Bc emissions have been dramatically or even preferentially reduced as the major PM constituent, To meet these stringent PM standards, virtually all new on highway diesel trucks in the United States, beginning with the 2007 model year, have been equipped with DPFs (diesel particulate r Mersa. DPFs typically eliminate more than 90 °10 of diesel PM and can reduce 8C by as much as 99 %. " From a Peace Bridge truck volume perspective, this is the air quality equivalent of eliminating more than 90% of the truck crossings , or put more succinctly, reducing the average daily truck crossings impact from 3,433 trucks to less than 350 when all trucks are 2007 compliant. The Health Effects Institute also studied the effects of chronic exposure of laboratory animals to 2007 - compliant diesel engine exhaust. Initial results suggest that exposure produced few health effects after up to 30 months of exposure. The final report is scheduled to be issued in 2014. , O BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY l 100 QUEEN STREET, FORT ERIE, ON L2A 3S6 ■ 1 PEACE BRIDGE PLAZA, BUFFALO, NY 14213 -2494 PHONE (905) 871 - 16081(716) 884 -6744 ■ PAX (905) 871 - 99401(716) 884 -2089 www. eacebrid e.coin In speaking of asthma, the "Review of Air Quality and Asthma Issues at Peace Bridge" white paper prepared by the NYS Departments of Health, Environmental Conservation and Transportation, was described in late 2012 by the Clean Air Coalition as being "racist and classist ". That report had concluded that the zip code adjacent and downwind from the Peace Bridge plaza had Mower occurrences of asthma than four other zip codes in Buffalo. However, Dr. Mukasa, who is often quoted by opponents to the Peace Bridge, said exactly the same thing in 2009 when he wrote: "For unclear reasons, asthma rates are particularly high among certain population groups such as persons of Puerto Rican heritage wha,reside on mainland U.S. "He went on to say: '7n the -U.S, and other developed countries individuals spend 90% of their time indoors Ultrafine particles are produced when electrical heating elements or gas burners are turned on. The particulates reach concentrations that are five to ten times the concentration that are measured at the roadside of busy truck routes " In a similar vein, a 2012 University of California study in southern California identified that charbrolling hamburgers emitted more particulate matter than diesel trucks. The University publication stated: "Emissions from cooking hamburgers on commercial charbroilers are a very significant uncontrolled source of directly emitted particulate matter .. if left uncontrolled they emit more than twice than all of the heavy -duty diesel trucks, " said Bill Welch, principal development engineer for the study. "For comparison, the average diesel - engine truck on the road today would have to drive 10 miles on the freeway to put out the same mass of palticles as a single charbroiled hamburger patty. " Yet there continues to be a demand that we study ultrafines emanating from the Peace Bridge The fact is the EPA in 2012 decided not to set a new standard for the control of ultrafine particles in its 2012 National Ambient Air Quality Standards for particulate matter consistent with extensive independent reviews that determined while ultrafines behave differently in the body from larger particles they are not likely to be responsible for all the adverse effects associated with ambient pollutants. The latest air quality monitoring program, that was demanded by the Common Council, again confirmed emissions from the Peace Bridge plaza are all well within National Ambient Air Quality Standards as prescribed by the Clean Air Act. This Act requires the EPA to set standards for pollutants considered harmful to public health and the environment. 'Primary standards provide public health protection, including protecting the health of sensitive populations such as asthmatics, children, and the elderly, "The primary standard for PM2.5 is 12ug/m3, established by the EPA in December 2012 and was made more stringent from the previous 15ug/m3- The DEC air monitoring program recorded an average PM2.5 at the Busti Avenue site of 8.2ug/m3. While some have questioned the DEC study because it did not include the summer months, the fact is truck volumes were higher in October 2012 when the study was underway than the summer average. The DEC air monitoring program at Peace Bridge also identified that the I -190 adjacent to the Peace Bridge carried an average annual daily traffic of 77,000 vehicles. The nine year average for Peace Bridge is 17,920 and is currently about. 16,500 vehicles. For comparison purposes the South Grand Island bridges carry 66,000 vehicles. It should also be noted that with the dramatic improvements in engine and fuel technology and new federally mandated mileage requirements, it is expected that sales of diesel cars will �\ skyrocket. Diesels offer 20 % -40% better fuel economy than gasoline. In Europe, 54% of all new vehicles sales are diesels. With the projects currently underway, including the approach widening, commercial pre - inspection in Canada and working with Customs to streamline processing procedures for both cars and trucks, the result will be even more environmental improvements. For example, the PBA project to renovate the existing Customs Commercial warehouse will result in an 86 reduction in building emissions, removing more than 17,000 tons of carbon dioxide annually. Further, the State of New York's Gateway Connections project will also assist in that it will eliminate Baird Drive from the adjacent neighborhood and the traffic (including trucks) which uses it as access to and from the I -190. It will also enable the removal of the plaza /Baird Drive traffic light thereby eliminating the inefficient, emission and noise creating stops and starts. We trust this is helpful for your deliberations. Yours truly, Drlginal signed by Sam Hoyt Sam Hoyt, Chairman /kak cc Senator Schumer Senator Gillibrand Congressman Collins Congressman Higgins Senator Grisanti Assemblyman Ryan County Executive Polancarz Mayor Brown iIREFE a P D TO THE COMMITTEE , DAVID A. RIVERA NIAGARA DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1504 City Hall BUFFALO, NY 14202 -3318 PHONE: (7T6) 851 -5125 • FAX: {716) 851 -4970 E -mail: darivera@ch.ci.buffalo.ny.us. �orrtrrtort Coultrit CITY OF BUFFALO James Comerford, Commissioner Department of Permit & inspection Services 324 City Half 65 Niagara Square Buffalo, NY 14202 Dear Commissioner Comerford: 0 A 5q7 J�� COMMITTEES CLAIMS, CHAIR COMMUNITY DEVELOPMENT LEGISLATION SPECIAL COMMITTEES MBEC POLICE OVERSIGHT TRANSPORTATION CHIEF OF STAFF WHITNEY ARLENE CRISPELL LEGISLATIVE ASSISTANT NOEMI SANTIAGO ff61KOvv 110, '3-rw � t'r G86 0 , %&Om p IA() w Ark) - &w�I- fnI Please have Food Store License #FST11- 10024535 removed from the renewal list as there are conditions I would like to put on the license. I will send the conditions and additional information under separate cover, Thank you for your attention to this request. Sincerely, 1 David A. Rivera ADOPTED AND REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS p, MEMORANDUM TO: Gerald Chwalinski FROM: Majority Leader Demone A. Smith DATE: March 4, 2014 RE: Commissioner Dankert- Mauretj response to Electronic Benefit Transfer Cards I would like to file the attached information for the next Common Council meeting to be held on March 18, 3014. Thank Y LWInone A. Sn4# Majority Leader February 28, 2014 Julia Paul Sr. Legislative Assistant Common Council Staff 65 Niagara Square= Room 1413 Buffalo, NY 14202 -5105 MARK C. POLONCARZ COUNTY E REcuTm Re. CCP Item #No 431 February 18, 2014 - "Electronic Benefit Transfer Cards" Dear Ms. Paul: The City of Buffalo Common Council requested the Erie County Department of Social Services Commissioner provide an update concerning the policies and practices to prevent cash assistance provided under the New York State Temporary Assistance Program from being used in any EBT transaction in any liquor store, casino or gaming establishment, or any retail establishment which provides adult- oriented entertainment. As you recognize, this is state policy. To meet the Council's request, my Office reached out to the New York State Office of Temporary and Disability Assistance, Center for Employment and Economic Supports (LEES) and CEES provided the attached document which I share with you today. This document address questions and concerns that have been raised in regard to policies put in place as a result of The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112 -96). Sincerely, Carol Dankert- Maurer, Commissioner Erie County Department of Social Services Enclosure: EBT Restrictions & EBT Surcharges Q & A J EFEP z') To TV'E Co�vlafiI P'AT z BUILDING • 95 FRANELIN STRE$r • B UFFALO, N.Y. •].4202. (71S) 858 -6000 • MVWXR1E.c0v O} ^ ERIE; O T • OP COUNTY OF ERIE February 28, 2014 Julia Paul Sr. Legislative Assistant Common Council Staff 65 Niagara Square= Room 1413 Buffalo, NY 14202 -5105 MARK C. POLONCARZ COUNTY E REcuTm Re. CCP Item #No 431 February 18, 2014 - "Electronic Benefit Transfer Cards" Dear Ms. Paul: The City of Buffalo Common Council requested the Erie County Department of Social Services Commissioner provide an update concerning the policies and practices to prevent cash assistance provided under the New York State Temporary Assistance Program from being used in any EBT transaction in any liquor store, casino or gaming establishment, or any retail establishment which provides adult- oriented entertainment. As you recognize, this is state policy. To meet the Council's request, my Office reached out to the New York State Office of Temporary and Disability Assistance, Center for Employment and Economic Supports (LEES) and CEES provided the attached document which I share with you today. This document address questions and concerns that have been raised in regard to policies put in place as a result of The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112 -96). Sincerely, Carol Dankert- Maurer, Commissioner Erie County Department of Social Services Enclosure: EBT Restrictions & EBT Surcharges Q & A J EFEP z') To TV'E Co�vlafiI P'AT z BUILDING • 95 FRANELIN STRE$r • B UFFALO, N.Y. •].4202. (71S) 858 -6000 • MVWXR1E.c0v CENTER/DIVISION: CEES AREA OF INTEREST /CONCERN: EBT Restrictions ITEM: Q: My understanding is that the Federal Government is requiring states to restrict certain locations where public assistance can be transacted using an Electronic Benefit Transfer (EBT) card. Could you please explain this federal requirement? A: The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112 -96) requires states to report to the Secretary of the Department for Health and Human Services, no later than February 22, 2014, as to what "policies and practices" a state has put in place to prevent federal Temporary Assistance for Needy Families (TANF) benefits from being used in any electronic benefits transaction at liquor stores, casinos, gaming establishments, and establishments which provide adult- oriented entertainment in which performers disrobe or perform in an unclothed state. Q: What is the penalty if New York State does not comply with this requirement? A: Failure to comply with this reporting requirement could result in the imposition of federal sanctions that could be as high as five percent of a state's annual TANF block grant finding. Five percent of New York's annual TANF grant is $122 million. Q: Has the Federal Government promulgated regulations or issued guidance? A: The U.S. Department of Health and Human Services (HHS) has not yet promulgated regulations. On April 25, 2012, HHS published a Federal Register notice requesting comments on anticipated rulemaking regarding the provisions of P.L. 112 -96. OTDA provided comments on June 8, 2012. On February 25, 2013, HHS issued a Q & A entitled "TANF Requirements Related to EBT Transactions" that largely mirrored the language in P.L. 112-96. In the Q and A, HHS stated: "Absent regulations, a state, needs to .formulate policies and implement the requirements in section 4004 of P.L. 112 -96 based on its reasonable interpretation of these requirements. For the period before final federal rules are in effect, states will not be subject to penalties under section 4004 so long as the required report due February 22, 2014, indicates that the state has developed and is implementing policies and practices based on a reasonable interpretation of the statutory language." Q: What steps has New York State taken to date to comply with requirements? A: In December 2011, the New York State Racing and Wagering Board (now part of the Gaming Commission), at OTDA's request, directed race tracks and Off -Track Betting parlors (OTBs) to block the use of New York EBT cards at automated teller machines (ATMs) placed in public areas. In addition, the New York State Division of the Lottery (now part of the Gaming Commission), at OTDA's request, directed video lottery casinos in New York State to block the use of EBT cards at ATMs and at point of sale (POS) terminals located in the casinos. OTDA has also provided the State Liquor Authority (SLA) with information regarding the steps involved in blocking purchases from EBT accounts in liquor stores, and asked SLA to share this information with the entities it regulates that sell liquor, particularly at retail, in an effort to seek voluntary compliance with the federal prohibitions. SLA incorporated our information into an advisory that was approved by the Full Board on January 3, 2014, and posted the advisory on its website on January 17, 2014. Q: What additional steps will New York State take to comply with requirements? A: The State Fiscal Year 2014 -15 Executive Budget contains Article VII legislation and appropriation language that would prohibit the use of federal, state and locally funded public assistance by any public assistance recipient in any electronic benefit transaction at the locations identified in Public Law 112 -96, and would subject recipients who fail to comply with these restrictions to durational discontinuances of their public assistance. In addition, the appropriation and Article VII language would permit the imposition of sanctions and penalties on businesses that fail to comply with these restrictions. In addition, OTDA is a member of the National Automated Clearing House Association ( NACHA). NACHA is working to amend the rules that govern EBT transactions in states, such as New York, that comply with the "Quest" operating rules. The Quest operating rules currently require all merchants, acquirers and processors in a participating Quest state to accept transactions from all EBT cardholders, including out of state cardholders. On Friday, January 17, NACHA provided OTDA with draft language that will be added to the Quest rules to require third party processors to abide by federal and state specific restrictions and to not accept EBT transactions from the venues identified in P.L. 112 -96. NACHA is planning to distribute the rule to the broader NACHA membership during the week of January 27, 2014 and provided fewer than 60% of the registered state representatives object to the proposed rule, the rule will become effective on the 30th day after it is distributed. Q: What are the penalties that will be imposed on public assistance recipients clients who are found to have electronically transacted public assistance benefits at one of the prohibited establishments? A: Under the provisions of the proposed Article VII legislation, a public assistance recipient determined to have used his or her EST card at one of the prohibited locations would be subject to an individual sanction for a specific timefranie depending on the occurrence of the infraction. Before a recipient's public assistance can be discontinued, the local social services district would have to Cake steps to document and verify the claim in accordance with regulations to be promulgated by OTDA.. Clients will have all due process afforded in any dispute between the client and the social services district regarding program compliance. Although a client's assistance may be discontinued for non - compliance with this requirement, the grant of public assistance for the children in the household will continue. Q: What penalties will be imposed on establishments that are prohibited from taking EBT cards and are found to be in violation of that ban? A: The Article VII Iegislation provides for financial and licensing penalties against an establishment at a prohibited location that accepts an EBT card. Q: Will these steps prevent public assistance from being used to purchase specific items, such as tattoos and lap dances? A: These steps will ensure compliance with the federal requirements, which govern the use of EBT cards at ATMs and PO,S terminals in specified locations. EBT cards will not be able to be used for any transaction at these locations. The federal law does not expressly prevent certain products from being purchased with TANF funded assistance via EBT transactions; rather it specifies locations where state policies and practices should prevent any transfer of TANF assistance via EBT transaction from occurring, regardless of the product being purchased. Public assistance recipients have limited cash for which general item or service purchases can be made. Our current practice of vendor restriction significantly reduces the amount of cash assistance that is authorized on EBT cards. Through vendor restriction, a portion of a recipient's cash assistance is paid directly to the vendor (e.g. landlord, utility company) on behalf of the household to meet basic living needs. Currently, 69 percent of all public assistance dollars are issued via a restricted payment. In addition, 81 percent of all public assistance households have at least a portion of their grant vendor restricted, and 89 percent of all assistance paid goes to households with at least a partial restriction. Q: Will this proposal limit the ability for public assistance recipients to access their cash benefits? A: No. New York State will continue to provide an adequate number of cash access points and Point of Sale locations. Q: Senator Libous has put forward an EST restrictions bill that prohibits the purchase of alcoholic beverages, tobacco products and lottery tickets with public assistance benefits. What is QTDA's position on this bill? A: We support the premise of the bill, but we would have to review the specific provisions. EBT Restrictions -- Background 1. Federal Law Restriction Provisions: The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112 -96) requires states to report to the Secretary of the Department of Health and Human Services, no later than February 22, 2014, as to what "policies and practices" a state has put in place to prevent federal Temporary Assistance for Needy Families (TANF) benefits from being used in any electronic benefits transaction at liquor stores, casinos, gaming establishments, and establishments which provide adult - oriented entertainment in which performers disrobe or perform in an unclothed state. Failure to comply with this reporting requirement could result in the imposition of federal sanctions that could be as high as 5% of a state's annual TANF block grant funding. Five percent of New York's annual TANF grant is $122 million. 2. Requirement for States to Submit a Plan to HHS: Furthermore, states are required, by February 22, 2014, to set forth in their TANF state plans how they intend to implement policies and procedures to prevent access to assistance through electronic benefit transfer (EBT) transactions in automated teller machines (ATND or point- of-sale (POS) devices located in casinos, gaming establishments, liquor stores, and retail establishments which provide adult- oriented entertainment. The state plan must also include an explanation of how the state will ensure that (1) recipients of the assistance have adequate access to their cash assistance; (2) recipients of assistance have access to using or withdrawing assistance with minimal fees or charges, including an opportunity to access assistance with no fee or charges; and (3) recipients are provided information on applicable fees and surcharges that apply to electronic fund transactions involving the assistance, and that such information is made publicly available. 3. The Administrative Steps Taken in NYS (Including Timeline): In December 2011, the New York State Racing and Wagering Board (now part of the Gaming Commission), at OTDA's request, directed race tracks and Off -Track Betting parlors (OTBs) to block the use of New York EBT cards at ATMs placed in public areas. In addition, the New York State Division of the Lottery (now part of the Gaming Commission), at OTDA's request, directed video lottery facilities in New York State to block the use of EBT cards at ATMs and at POS terminals located in such facilities. On November 6, 2013, OTDA provided the State Liquor Authority (SLA) with information regarding the steps involved in blocking purchases from EBT accounts in liquor stores, and asked SLA to share this information with the entities it regulates that sell liquor, particularly at retail, in an effort to seek voluntary compliance with the federal prohibitions. SLA incorporated our information into an advisory that was approved by the Full Board on January 3, 2014, and posted the advisory on their website on January 17, 2014. 4. The NACHA Proposed Quest Operating Rule: OTDA is a member of the National Automated Clearing House Association (NACHA). NACHA is working to amend the rules that govern EBT transactions in states, such as New York, that comply with the "Quest" operating rules. The Quest operating rules currently require all merchants, acquirers and processors in a participating Quest state to accept transactions from all EBT cardholders, including out of state cardholders. On January 17, 2014, NACHA provided OTDA with draft language that will be added to the Quest rules to require third party processors to abide by federal and state specific restrictions and to not accept EBT transactions from the venues identified in P.L. 112 -96. NACHA is planning to distribute the rule to the broader NACHA membership during the week of January 27, 2014 and the rule will become effective on the 30th day after it is distributed, provided fewer than 60% of the registered state representatives object to the proposed rule. 5. SFY 2014 -15 Executive Budget Proposal: The Governor has proposed Article VII legislation and appropriation language as part of the SFY 2014 -15 Executive Budget that would prohibit the use of federal, state and locally funded public assistance by any public assistance recipient in any electronic benefit transaction at the locations identified in Public Law 112 -96, and would subject recipients who fail to comply with these restrictions to durational discontinuances of their public assistance. In addition, the appropriation and Article VII language would permit the imposition of sanctions and penalties on businesses that fail to comply with these restrictions. 6. Implementation: Penalties for Non - Compliant Clients Under the provisions of the Article VII legislation, clients found to have used their EBT card at one of the prohibited locations will be subject to an individual sanction for a specific timeframe depending on the occurrence of the infraction. Before a recipient's public assistance could be discontinued, the district will have to tape steps to document and verify the claim in accordance with regulation and directives. CIients will have all due process afforded in any dispute between the client and the social services district regarding program compliance. Although a client's assistance may be discontinued $ P for non - compliance with this requirement, the grant of public assistance for the children in the household will continue. Penalties for Non - Compliant Retailers The Article VII legislation provides for financial and licensing penalties against an establishment at a prohibited location that accepts an EBT card. With regard to liquor stores, casinos and gaming establishments, violation of the provisions of the Article VII bill subject the venue to the possible revocation, cancellation or suspension of their license(s). With regard to establishments that provide adult- oriented entertainment in which performers disrobe or perform in an unclothed state, violations of the provisions of the Article VII bill subject the venue to an initial fine of up to $100; a fine of up to $500 for a second violation; and a fine of up to $1,000 for a third violation, which would be a class B misdemeanor. Such venues that are licensed by the State Liquor Authority may also be subject to the possible revocation, cancellation or suspension of their license(s). Notification to and Enforcement of Retailers Each State licensing agency (Gaming Commission and the State Liquor Authority) will be responsible for notifying the entities they license that are subject to the prohibitions, for monitoring compliance, and for determining whether to impose consequences. OTDA will conduct periodic targeted reviews of EBT transactions to monitor retailer compliance, and will provide the licensing agencies with data on suspect transactions for the agencies to follow -up. Notification to Clients: Within 60 days after enactment of the Article VII legislation, OTDA will: • issue notices to all current public assistance recipients to inform recipients of the prohibitions on the use of their EBT card at the prohibited locations and the associated penalties for noncompliance; • amend notices issued to clients when their public assistance cases are opened to include language about the prohibitions and associated penalties; • issue a directive to social services districts to inform districts of the new requirements; • provide districts with a one -page handout explaining the requirements and associated penalties that districts will be instructed to issue to clients as part of the application package; • provide districts with a poster on the requirements and penalties that districts will be asked to post in their waiting rooms; and • post messages informing clients of the requirements and penalties on the: o EBT helpline; • OTDA toll -free hotline; • OTDA Internet site; and • myBenefits homepage. OTDA will also work to revise client handbooks to inform public assistance applicants and recipients of the requirements and associated penalties. OTDA will also promulgate regulations to implement the new statutory provisions. Client Enforcement OTDA will conduct periodic targeted reviews of EBT transactions to monitor client compliance, and would provide social services districts with data on suspect transactions for follow -up. 10 \ CENTER/DIVISION: CEES AREA OF INTEREST /CONCERN: EBT Surcharge ITEM: Q: Why did OTDA decide to no longer subsidize surcharge free cash access for Electronic Benefits Transfer (EBT) cardholders in New York State under the State's new EBT contract that takes effect on August 1, 2014? A: OTDA has been paying its EBT vendor $1.875 million gross annually in taxpayer dollars to maintain a surcharge -free ATM network for EBT cardholders and to assist cardholders in locating surcharge -free locations. However, despite the efforts of OTDA and its EBT contractor to publicize the widespread availability of surcharge -free cash locations to encourage people to maximize the purchasing value of their benefits by avoiding surcharges, New York State EBT cardholders have consistently incurred surcharges for approximately 50% of transactions in New York State. With a consistent surcharge rate of 50% over the last 17 years, this contractual requirement has proven'to be both ineffective and expensive to taxpayers. It also reduces the competitive nature of New York's EBT procurement since each bidding vendor needs to be. able to deploy its own ATMs, if needed, to ensure adequate surcharge -free access. Accordingly, OTDA removed the surcharge -free cash access requirement from the RFP issued in November 2012 to reprocure NYS' EBT system. Q: Won't this negatively impact the ability of EBT cardholders to access their cash public assistance benefits? A: Surcharge -free access will still be available when New York State begins its new EBT contract with Xerox in August 2014. OTDA's EBT RFP continued to require bidders to propose a method for maintaining a database of retailers that provide cash back on EBT purchases made at Point of Sale (POS) terminals and cash back without a purchase requirement for EBT cardholders, as EBT POS transactions are always surcharge -free. When cash back on cash purchases made at POS terminals, cash back without a purchase requirement at retail stores, and cash withdrawals at non - surcharged ATMs are included, New York's EBT cardholders currently access the vast majority (approximately 78 %) of their cash public assistance benefits without paying a surcharge. They also make more than 5.6 times as many non - surcharged ATM and POS transactions as they do surcharged ATM withdrawals. The overwhelming percentage (approximately 85 %) of all withdrawals of cash public assistance benefits using an EBT card are not surcharged when the total of all ATM and POS cash back transactions are taken into account. Since POS transactions are never surcharged, when New York discontinues its unique surcharge - free ATM requirements when the new EBT contract takes effect on August 1, 2014, we are confident that cardholders will not see any noticeable decline in their opportunities to access their cash free of surcharges. There are thousands of point of sale locations throughout New York State where cash can be obtained for no client fee, including at each and every one of the over 2,000 Post Offices in New York State, which provide up to $50 in cash back to EBT cardholders and which also sell money orders. In addition, there are over 18,000 point of sale locations throughout New York State that accept both SNAP and cash benefits. Q. How much will New York State taxpayers save from these changes? A: We take the cost to the public of these transactions seriously. When these changes go into effect, taxpayers will benefit from approximately $17 million annually in lower EBT issuance costs resulting from a more competitive procurement, in addition to savings of $1.875 million annually from discontinuing the maintenance of a surcharge -free ATM network. Q: Will public assistance recipients need to pay transaction fees under the new EBT contract? A: Automated Teller Machine (ATM) withdrawals can incur two different types of fees — surcharge fees and transaction fees. The surcharge fee is paid by the cardholder while the transaction fee is paid by the ATM owner to the network (e.g., NYCE). In our current EBT contract, OTDA pays for the first two transaction fees per month per EBT cardholder, at a rate of 40 cents per transaction. The EBT cardholder pays for any transactions other than the first two, at a cost of 50 cents per transaction. This arrangement will stay the same under OTDA's new contract, except that the cardholder will be charged 45 cents for any transactions per month after the first two. In addition, OTDA has a provision in our current EBT contract that will continue into our new contract that OTDA will not pay transaction fees on surcharged transactions. This provision incentivizes our EBT contractor to recruit surcharge -free ATMs for EBT cardholders. ., t6l., Buffalo Common Tv, t a u y: w J� Our An ill emfzllialr Far , w Id6as res.: I.-ti that �-a' big , par�t , of , a - 'Coim , ei:itnibmbor sjob is add ' sing cons t i tuent complaint and m b d' being aepessibl tt Mee ings . items ad resse y d�b" cdiy:96verhihen o. y are the ." and : routine matters necessary t .. Howeve n: im p ortant . . . to jmp .: , : issues u s r m eris also qmg - a: l egislat o r and a'ledder- a raises e .pa 6.,� eipg ound it f b e. S . Corisi&ratiofiind di cussion. AKD MILED) 4 Property tax,waivers for various properties PIAi ..... ni screening, coca xtevievw and.approval of L quor:Store I:icenses, Ordinance Arriendment Sponsor Acknowledgment in MLK &Riverside Parks, Conce ns'Regarding B9 ard of ?� - -'- '- ..- y t , ..� wu a {ius�u af�cu eu iCSCV1Ul1UA5.WIleTea;S K1V�I'$ =_�2 °' The City of Buffalo Needs Bold New Ideas www reinve.nongg6 rg Common coutuff CITY OF BUFFALO RASHEED N.C. WYATT UNIVERSITY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1508 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5165 0 FAX; (716) 851 -4580 R -111al rwyatt buffalo.coul Website: http: / / buEfala,Com March 5, 2014 The Honorable Andrew M. Cuomo Governor of New York State NYS State Capitol Building Albany, NY 12224 Dear Governor Cuomo, CHAIR CIVIL SERVICE COMMITTEES fb "'t CLAIMS COMMUNITY DEVELOPMENT FINANCE SENIOR LEGISLATIVE: ASST TAN; SANDRA.D. MUNSON LEGISLATIVE ASSISTANT Ir1ICA N. LnwI$ 07 I passionately write to you today regarding an issue that continues to plague New York at municipal and state levels: gang influence over our youth, Particularly in my district, gangs invade neighborhoods to terrorize residents as they deal .in drugs and guns, enlisting large numbers of out children into their ranks. To curb these awful trends, I recently filed a. resolution in the Buffalo Common Council called The Bufftdo Pt Act. My resolve is to intervene and Prevent youths from joining gangs that will destroy our community and ruin their lives. This undertaking will take time and resources that cannot be accomplished from one office. I need your help to protect the youths in University District. We need to work together to save New York's children, HR 1318, the Youth PROMISE Act, inspired. my aforementioned. resolution. These legislative efforts both call for the prevention of juvenile delinquency and interventions to help strengthen our community's future by ensuring that young people lead safe, gang -free, and Iaw- abiding lives. In establishing such education -based programs to address this issue, I must emphasize that we need to focus on a ftont end approach. I believe it is too costly to react as opposed to preventing, "Unity in Universityff I It costs our government move to incarcerate a child than it does to educate one. We spend about $12,500 on a child's education but approximately $88,000 on their incarceration, We could save nearly $75,000 per child every year by keeping youth in school and out of jail. Educating those already in prison is a laudable idea, but I want to evaluate what we can do for our young people before they go down the road to imprisonment. In some African countries, tribes greet each other by asking, "How are the children'?" Even there, many will answer, "the children are well." I do not believe that we could honestly do the same. However, we are close. Will you join me in this effort? Will you commit to a front -end approach that addresses young people's problems before they become crises? Sincerely, Rasheed N. C, Wyatt RNMME REFERRED T ® THE C'CP� MITTS N LEGISLA 'P 4 . 2 PETITIONS March 18, 2014 0000' A. Gill, Owner, Use 1006 Elmwood aka 1008 Elmwood to Re -Open Existing Restaurant Under New Ownership in the EImwood Avenue Special Zoning District (hrg 03/25)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD N, GERALD A. CHWAL.INSKI City Clerk Registrar of Vital Statistics MARY H. BAL.DWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE; (716) 851 -5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: V'r-WMS ckY—, U, To be held in the Council Chamber, 13 Floor, City Hail On: At 2:00 pm am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the Owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Print Name krdre I~- c;' I Phone # 7 Date OFFICE OF THE CITY CLERK ATTENTION / CONTACT THE PLANNING BOARD, 851 -5085 FOR P ANNIN BOARD TIME ON CONTACT THE COUNCILMEMB ER C IN YOUR DISTRICT K �OC�� ICA© onntisnnrruern eeeerrr11r _ warrr.wer.�,.�.____.___._ __ City of Suffalt; 65 Nizrgara Square Buffalo, NY 11202 (716)8~1 -4949 Fax (716)651 -5472 Report Date 03/03/2014 10:52 AM i i rA/P # 206208 Submitted By FLD USE Building Application Page 1 C Date / Time By Date / Time By Processed 03/0312014 10:50 DIGEF Temp COO Issued COO Final Expires ss ' L , ad In fonnation -y- Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name D c o17 rk " USE PERMIT (PUBLIC HEARING) REpUfRED 511 - 5611(1) — TO RE -OPEN AN EXISTING RESTAURANT (AIPV?195811) UNDER NEW I OWNERSHIP IN THE ELMWOOD AVE. SPECIAL ZONING DISTRICT, NO PHYSICAL OR STRUCTURAL CHANGES. AKA 1008 ELMWOOD AVE. Parent A/P # Project # Prvject/Phaso Name Phase # S,/ _ A,,, Size Description Address 1003 ELMVVOOD BUFFALO NY 14222- Location Contact ID AC221084 Name DONALD J LEONE Mailing Address 1010 ELMWOOD AVE City BUFFALO Zip /PC 1 1 1222 Day Phone (716)882 -3000 x Fax Occupant N From To Contact ID AC34083 Name DONALD J LEONE Mailing Address 1010ELMWOODAVE City BUFFALO ZIP /PC 14222 -1202 Day Phone Fax Occupant Id From To Contact ID AC381937 Name LORI (LORIE) LEONE Marling Address 1010 FLMWOOD AVE City BUFFALO ZIP/PC 14222 Day Phone Fax Occupant N From To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobila # Owner Y From 0 To Organization State /Province NY Country LISA ❑ Foreign Evening Phone Mobile # Owner Y From 05128/2000 To 05/05/2007 Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 03/02/2014 To Ldy of Buffalo I 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 ( Report Date 031031201410:52 AM 1 Contact !D AC1231536 Y J Marling Address i City 1010 ELMWOOD AVE ZIP /PC 14222 -1202 DG y Phone Fax Occupant P! From USE Building Application h S ubmitted By FL U p age 2 Name LEONE DONALD J Organization State /Province BUFFALO NY Country ❑ Foreign Evening Phone f0'obile # TO Owner Y From 02/22/2005 To 05106!2007 No Addresses are linked to this Application No Addresses are linked to this Application Na Other Ar ldrecsss are associated to this Application 0896900003018000 j No Parcels are linked to this Application In lii..f f i -Fy4. dvfs M kS'< , � j `mot No Applicant Contacts Primary Y Cepocity Tyne Efhective Expire Contect ID OWNER Afame 0WNERITENANT. Phone Fax Addreb (SEE UNIDW,, APPLICAI!T) Comments OWNERfrENENT: ANDREW GILL '116-425- 222222 SPC ACi 1P -700 OWldER FLL1234 CFMI AC'12i92 OWNER OF PROPERTY 00001 PLU A0315 7'1 fr OWNER 000000 HIM AC'12792 OWNER OF PROPERTY Check Fees APPLICATION FEE FLAT FEES ($21.00) PERMIT FEE ($25.00) Check Inspections Check Reviews 646869 CC APP #1 COMMON COUNCIL APPROVAL REO`D 646868 ELMWOOD #'I ELMWOOD VILLAGE DISTRICT Check Conditions MD MULTI - DWELLING PROPERTY Check Alert Cbnclitions Check Licenses Fees Failed Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Waived Conditions Successful Approved, OK Alert Conditions Successful Not Checked City of Buffalo 65 Niagara SgLiare Buffalo, NY 14202 (716)85 ;V -4949 Fax (716)1351 -5472 F�eporf Date 43/03/2014 1 fl:52 AM Submitted By FLD i Check Children Status Children Successful Check Open Cases 2 Case # 210313 Case ff 181662 APPLICATION FEE FLAT FEES U PERMIT FEE U Total Unpaid 50.00 There are no Inspections for thts Report 6h6866 ELMWOOD 1 Incomplete ® 031031201410:.0 NO PHYSICAL OR STRUCTURAL CHANGES 646869 CC APP 1 Incomplete ❑ 03/03/2014 •i 0:51 USE Building Application Page 3 25.00 25.00 Total Paid 0.00 Detail 1. PRIOR REQUIRED APPROVALS Modified By ditdef Modified Date/Time 03/03/2014 10:50 Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval City Survey (can't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Oflico /Fpts R4 ❑ First lnsurances Check ❑ Public Works approval C) Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy /Marquee ROW Lease showing Use ❑ Rodci�f/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign E) Se4ieilWater Cut L) Sewer Retention Ptumbers' C ❑ uts ❑ Human Service Facility [D Simple Demolition ❑ Telecommunicetien ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval City Planning ® Restricted Use Permit ❑ ZoninglUse Check Tree over 4" at 4' ❑ Citywide Site Plan ❑ Other ❑ Thruway Sign approval ❑ Subdivisions ❑ Urban Renowal Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance ❑ S.E.Q.R.A. ❑ N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Chock ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention MD OK DIGEF 03/03/2014 10:50 DIGEF 03/03/2014 10:50 N City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 USE Building Applicatfpn '6 Report Date 031031201410:52 AM Submitted By FLD Pane 4 There is no planning condition for this project. No Records for This Search Criteria Q Worm done by owner ❑ Residential ❑ Commercial Multiple Dwelling Existing RESTAURANT Now Use RESTAURANT Dwelling Units Lost 0 Dwelling Units Added 0 Debris There are no Items in tins lis[ No Employee Entries Ho Lori Enfrie ❑ Zoning Board ❑ Work with out PoFmit (FINF) FLAT FEET' ❑ Electrical ❑ Plumbing Q Healing C a l _� ®E`q` G. Omar, Owner, Use 1953 Seneca, An Existing Ice Cream Parlor Add Use of Food Store in The Seneca Street Special District (hrg 03 /25)(South) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK i GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics ' �p J 65 NIAGARA SQUARE ROOM 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (796) 859 -5431 FAX: (716) 857 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: !-Xo -0. 1JlA�- 0 CJ�F+Z � [ It, + 6� �Ms To be held in the Council Chamber, 23 Floor, City Hall On: At 2:00 pm Print Name -6::z '(-, f , _ ��Y� y T � phone # ' 16 Date 3 ATTENTION CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD TIME ON 8 j S'-14 CONTACT THE COUNCILMEMBER IN YOUR DISTRICT 111 Sa 85I _$f G 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. City of Buffalo USE Building Application 65 Niiyga a s�jtware Buffalo, NY 14202 l,'\ (716)851 -4949 Fax(716)851 -5472 Report Date 03/03/2014 12 :03 PM Submitted By DAVID GRUNDY Pag 1 A/P # 206216 - !a 3`: : h� r If" I �' °:'" f??}i !`I� SBg'w'. j i €! (g 4 k 4 , i'..4 ;4 1 .x• :k5's n 1.41 ,] `I ,c ^ ^: h SI 4 :. 3�, 1>� j.` -S � ➢ - S. %�4➢ ' -�S'. ir 1,➢ 't:: S � €,e9 }k� i� - I � f. � ,.: �::a� `� .a'� . �n .: - � I s aSAlfl {i F,➢ f S ] � ,= 4 mn stages Date ! Time By Date; / Time By Processed 03/03/2014 12:00 GRUND Temp COO Issued COO Final Expires �SQCiatf:dUrmatiOrl _ Va j uation _ Type of Work # Flans 0 Declared Valuation 0,00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name ; � 'serin COMMON COUNCIL APPROVAL REQUIRED, 519 -55 FOR NEW APPLICANT FOR A RESTRICTED U5E IN THE SENECA STREET SPECIAL DISTRICT, PUBLIC HEARING AND FEE REQUIRED.. TO EXISTING USE OF ICE CREAM PARLOR, ADD USE OF FOOD STORE. Parent All? # IImi0ct ?1 Project/Phase Name Phase # SizelArea Size Description J J I ➢ �:J .1 F 3f b7 ,Yiip ^t_bE _i. :r' :' $,. �_1 '<i2-,C} 4.`- �'[ �.[ rT- ,.?z :'' ➢"u 'lI,I 1 WON n Address 1953 SENECA BUFFALO NY 14210 - t- ocatfon 3� I.l1 Rp - apt I_r➢?R. CY.� :F._ �I { # 'i„ "'' �. � ' ➢ `ice .�+a,'S MEN � : ux 1 21 -1i� I''p I ,: � I'€ d" 1 � i .e' @b ' J,l.. ,�, <.� d. rw''Y�l°I . €.r�� as.��::w., . F , i -.I�. - T � � t ! .. k��➢ . ff ... I C I '�. ' ➢.w r i r, ten_ Es ��.y! i-1 if .F BE Confact ID AC96471 [Jame BRUCE P ANDREWS l0ailing Address 65 SENECA CREEK Organization City WEST SENECA State/Province NY ZIP/PC 14224 Country USA C) Foreign Day Phone (716)603 -0223 x Evening Phone F.m I' Obde # Occupant N Frorn To Owner Y From 05/2812000 To 0510612007 Gontact ID AC382603 Name FOAAD ZAID Idlailing Address 19 CLARK ST Organization City LACKAWANNA 5tctelProvince NY ZIPAIC 14218 Country USA Q Foreign uay Phone Evening Rhone Fax N'loblie t` occupar N From To Owner Y From 03/02/2014 To "rA �� 4k�� i 3 I L_. - ➢ �.�'. � R�'f ��i h� 'i,�� } 1 I r - r IE � ��� -. , 'Y7 h: -" � f - U; (� �� ` ➢iii a w No Addresses are linked to this Application ,°� � � ' r � �' e1 � �• ml�}� 1 fi,� � f4��' � � � ,1 as No Addresses are linked to this Application i } Ore s �..l�s£f X14, 9 C k i v at '..1- .. - 7 �, 1 I': 'K .. 5Y I"➢J$ X o-E' r k # .�.ia`.3 � :�r:V 1„ I � � . ' :_ , `;`r - ? >:.�. ..: - u`° "- a r.: € �,. ,� � .."` ,.,�„- I k . � t� .. � �;�—`' �: No Other Addresses are associated to this Application City of Offal USE Building Application 65 NidGdra Snv are Buffalo, RIY 14202 1 (716)851 -4949 Fax(716)851 -5472 Repott Date 031031201412:03 PM Submitted By DAVID GRUNDY Page 3 �.' r � y � M �—r .?t' ? }'+,Y ., �' ' :... , . ,'�A �.. �`1 f'£� 't""�'i�,f£'.. �; €... 'd` :.. }`ii �''t • .� , s ..Itr , �,: �+ ?f, Ji "°. a. •s,: ". w ,: '''E�. " j �::: + ''-'�- 1 se };� �z '4� ° " �.� t ;a. : S' � �£:a '� ��e xn i '� -:,t �F a -.:' 1 ��I���`�Gk£$� A� . I��1� s } + +` - ��, .. -. ...x €`ta , -t. ,E A F•„a;''„e - i: ?7. •; t.� ,. 1.r, r, -,,:.m ; ":t h , ,, ,k n- �' _ -� M n ck I� �lir c 646892 FLOOD 1 Incomplete 03/0312014 11:59 NO WORK BELOW GRADE 646893 CC APP 1 Incomplete ❑ 03/03/2014 12:02 t i'i k x. ' 4 f - ,3:. f - DA"^rs F 3..i is �s : l S3.. . 1 Y3'.._ t !' ,, t`f Detail 1. PRIOR REQUIRED APP ROVALS h.'�. >5 +', r 3 r i'iti r"I t'�p� 4�t�a ;< � �°� , :�� IF `` F� l.c�� �r�' � PROVALS Modified By GRUND Modified Datefl'inie 03/03/201411:59 Comments No Comments PRIOR APPROVALS D' to Arts Commission City Survey (can't) Permit Office ❑ Arts Comm. Approval ❑ Subdivisions ❑ Asbestos Survey ❑Asbestos Abatement ❑ Special events Common Council ❑ BondlCertified check ❑ Assessment Combination City Engineering ❑ Admin Offlce/Apts R4 ❑ First Insurances Check C]. Public Works approval ❑ E) Curb Cuts ❑ Notarized Permission) Beauty Parlor R2 for portable sign one year Q Encroachment ❑ Canopy /Marquee ROW Lei,- =e showing Use encroachment ❑ ❑ Oversize Trucking Q Freestanding Sign RodentlVermin Bait ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ SewerNVater Cut ❑ Street Cuts Parfable Sign in ROW ❑ Simple Demolition ❑ Telecommunication ❑ ❑ Simple Plan Approval GKy. Pfanninc3 ® Restricted Use Permit ❑ Tree over 4" at 4' ❑ Zoning/Use Check [I Citywide Site Plan ❑Other ❑ Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board ❑ Urban Renewal S.E.O.R.A. El Preservation District Zoning Variance ❑ ❑ N E P A L) Contiguous Check Gity Survey . ❑ Address Permit Laws Office Water Depar•trmcnt ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention +; I cx ,? r a il4 - •� : ';: n `T, tE N. i�' MD WAIVED GRUND 03/03/2014 12:00 GRUND 03/03/2014 11:59 GRUND N NOT AN MD Imp r :„�, - : = -.:r .. ,, eel. �, r.s *z..v _ ", s.. 3'r` _. '• . � . _> 1 :', .., .:: ..u. � :r1:C .l �gl:?iF k'E'r, .3.. t` a No Records for This Search Criteria 00?) 0 �, F. Zappia, Agent, Use 1 147 Abbott Rd for A Pole Sign/ Full Use LED (hrg 03 /25)(South) REFERRED TO THE COMMITTEE ON LEGISLATION. AND THE CITY PLANNING BOARD N OFFICE OF THE CITY CLERK G ERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics r° 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: Pr) (e-- 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 p � Print Name _ � ��P� , t Phone # Date 3 I ATTENTION /c, t1h C n I CONTACT THE PLANNING BOARD, 851 -5085 FOR PLA PIING BOARD TIME ON 3 — CONTACT THE COUNCILMEMBER IN YOUR DISTRICT IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON THE MAYOR HAS UNTIL Lf=,Ly -- / TO RETURN THE ITEM TO THE CITY „CLERK'S OFFICE City of Buffalo 65 Niagara Square B�falo, NY 44202 (716)651 -4949 Fax (716)851 -5472 Report Date 03/07/2014 03:00 PM Submitted By D AVID GRU SIGNS Building Application Page 1 AIP # 204949 Date I Time By Date I Time By Processed 01/17/2014 12:52 GRUND Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 19000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name .Descr of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 387 -19 FOR A FREESTANDING SIGN. PUBLIC HEARING AND FEE REQUIRED. ZONING BOARD APPROVAL REQUIRED, SECTION 511 -104 A(2), FOR FULL -USE L.E.D. SIGN, AND 511 -104 A(4)(b) FOR SIGN SIZE, ERECT A POLE SIGN TO THE FRONT OF A LOT FORA LAUNDROMAT. PLANS REQUIRED. Parent AIP # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 1147 ABBOTT BUFFALO NY 14220 - Location AKA 1149 ABBOTT Contact ID AC271032 Name SCIME THOMAS J & MELINA Mailing Address 703 LAFAYETTE AVE Organization City BUFFALO State /Province NY ZIPIPC 14222 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From To Contact ID AC106037 Name SCIME,THOMAS J & MELINA Mailing Address 703 LAFAYETTE Organization city BUFFALO StatelProvince NY ZIPIPC 14222 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application Cit or Buffal 65 Niagara Squ SIGNS Building Application BLWalo, NY,14202 (716)851 -4949 Fax(716)851 -5472 �7 Report Date 03/07/2014 03:00 PM Submitted By DAVID GRUNDY Page 3 7 REGULAR COMMITTEES ! Y� J CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) 0060 Notices of Appointments- Temp/Prov/Perm Cep 14- 163,03104 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on of the Civil Service FINANCE {RICHARD A. FONTANA, CHAIRPERSON} City Clerk's Department BUFFALO March 21, 2014 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 605 PASSED March 18, 2014 Request for Approval for Hatch Rest Facility Operator Agmt Btwn COB And Riverfront on the Niagara (PW) Gerald A Chwalinski City Clerk 1) ff,° L AR'`� 1 2014 MAMOR (�OJ Request for Approval for Hatch Restaurant Facility Operator Agreement between the City of Buffalo and Riverfront on the Niagara (DPW) (Item No. 446, C.C.P., Mar. 4, 2014) Mr. Fontana 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 grants permission to the Commissioner of the Department of Public Works, Parks and streets to enter into a five (5) year contract with two (2) two (2) year renewal periods to be mutually agreed upon with Riverfront on the Niagara (or an entity set up by the Riverfront on the Niagara principals with the Hatch Restaurant operations) as per its proposal and scope of services subject to the further condition that the vendor conduct job fairs for City of Buffalo residents to give an opportunity for employment representative of the city's population diversity. The vendor was chosen through a Request for Proposals (RFP) process. PASSED Recommended by the Committee on Finance Chairman C: lUsersVruciaskilApp ➢ata\LocalWicrosoft\Windows \Temporary Internet Piles\Content.Outlook1OX32QV W6Utequest for Approval -Hatch Aestaurant.docz 41 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK * * LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT [ ------------- ] [MAJ- 5] [2/3 - 61 [314 - 71 * * * ®06Of4 J. Golombek -Erie Basin Marina Slip Holders Assoc -RFP Process Cep 13- 46,12110 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on of the Finance 3 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO E_ DEAR SIR: s Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 607 PASSED March 18, 2014 Approval of Contract for Sale of Land- 1556 Main St (Ell) {BURR} Gerald A Chwalinski City Clerk Approval of Contract for Sale of Land —1556 Main (EIl)(BURA) (Item No. 456, C.C.P., Mar. 4, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the City of Buffalo Urban Renewal Agency to designate Irr Supply Centers, Inc. and/or joint venture, partnership, corporation or other Iegal entity to be formed as the qualified and eligible redeveloper of 1556 Main Street; and That the Common Council, in accordance with the provisions of Article 15A of the General Municipal Law, shall set a date for a public hearing, and to direct the publication of a notice of said hearing. Passed. Recommended by the Committee on Community Development Chairman C: llSZenWUeieuk�WppbMall .anlLllimosolllWmdouz}T�mpwery bt=d F.IelCmvtO l,.k'gM2QVW6V9p .I ofCwwm f, SW, of Ianb1356lfsindx� V -P� *AYE* NO * FONTANA FRANCZYK GOLOMBEK * LOCURTO PRID GEN RIVERA SCANLON * SMITH WYATT [MAJ- 5] [213 - 6] [314 - 7] �y City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 608 PASSED March 18, 2014 LDA- 1556 Main St TRR Supply Centers(hrg 03/18)(Pridgen) Gerald A Chwalinski City Clerk Pit MA} S 1 2014 014 MOP. 7� a ,r Land Disposition Agreement —1556 Main Street (BURA) (Item No. 506, C.C.P., Mar. 4, 2014) Mr. Golombek moved: . That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the City of Buffalo Urban Renewal Agency to designate Irr Supply Centers, Inc. and/or other legal entity to be formed as qualified and eligible redeveloper of the property located at 1556 Main Street; and That the Common Council hereby authorizes Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency to execute any and all deeds or other documents necessary to convey the land described in the proposed "Land Development Agreement" to Irr Supply centers, Inc., as Agent for a LLC to be formed and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. Passed. Recommended by the Committee on Community ' Development )' Chairman CaUsersllmcinskilAppDataVL ca11tv1icrosoftlWindowslTemporary Internet Fil eslContent.Outlook10X32QVW6\LDA -1556 Main,docx *AYE* NO * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA * SCANLON SMITH WYATT * [-------- - - - - -] [MAJ- S] [213 - 6] [3l4 - 7] City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 609 Report of Sale -121 Johnson St(Ell)(Strat Plan) PASSED March 18, 2014 Gerald A Chwalinski City Clerk r � v, MA"12014 ' U06 Report of Sale — 121 Johnson (Ell)(Strat Plan) (Item No. 53, C.C.P., Jan. 21, 2014) 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 Bakhsh Khan, 714 Foster Avenue, #41), Brooklyn, New York 12230, in the amount of One Thousand Dollars ($1,000.00) for the purchase of 121 Johnson, 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 C: SUscrelUucinskiSAgpDatal [.ocal7MicrosaflSWindonslTemposary Inlemet File %ContenLOull oMOX32QVW61Repan of Sale-121 Johnson.do �V- 4 L U *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT * [-------- - - - - -] [MAJ- 51 [213 - 6] [314 - 7] 91u Minister Dr. M. Chapman - Remarks Given at CD Mtg Re Fruitbeit Comm Dev (C.C.P #13 -52, Mar 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Devel 0 0 (), 1 D. Pridgen - Redevelopment of the McCarley GardenlFruitbelt Communities (C.C.P #13 -63, Mar 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED 1 Recommended by the Committee on Community Development I � C `)# St. John Fruit Belt Community Development- Historical Overview (C.C.P # 13 -72, Mar 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development 1 4 D. Pridgen -Non Baseball Events Held at Yankee Stadium (C.C.P #13 -51, Mar 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED k f � s Recommended by the Committee on Community Development 0061,4 C. Scanlon -F. Langdon -Use for Grain Elevator at South End Marina (C.C.P #13 -38, Feb 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED I W R° Recommended by the Committee on Community Development t/ 1� D. Rivera -Info Re. Peace Bridge Plaza Expansion (C.C.P ##12 -46, July 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development a0 '� Support for the Reduction of Air Pollution of Bflo's West Side(exc res) (C.C.P #11 -93, Dec 13) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) City Clerk's Department BUFFALO March 21, 2014 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 617 PASSED March 18, 2014 Food Store License Renewals "Amended "(EDPI) Gerald A Chwalinski City Clerk 3 •. RO Vr , rR MAR - 3 , 12014 kfoR 3 75� 0061 New Food Store License Renewals — Amended (DPIS) (Item No. 448, C.C.P., Mar. 4, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That pursuant to Chapter 194 of the City of Buffalo Ordinances — "Food Stores ", the following is a list of additional Food Store Licenses expiring on April 1, 2014 that were not included in the original submittal: Langfield Food. Market, 313 Weston, Buffalo, New York, 14215; M & N Mini Market, 2360 Bailey, Buffalo, New York, 14211; Charlie's Food Mart, 927 Broadway, Buffalo, New York 14212; Comstock Deli & Grocery, 262 Comstock, Buffalo, New York, 14215; Quick Shop, 1148 Ferry East, Buffalo, New York, 14211; Seneca Food Mart, Inc., 1199 Seneca, Buffalo, New York 14210;' Lucky Market 11, 729 Sycamore, Buffalo, New York 14212; City Market, 1069 Ferry East, Buffalo, New York 14211; Garang International Market, 325 Niagara, Buffalo, New York 14205; Speedy Market, 1799 Genesee, Buffalo, New York 14211; City Market & Deli, 1245 Delavan East, Buffalo, New York 14211; Bill's Corner, 314 Hampshire, Buffalo, New York 14213; Mega Market, Inc., 778 Tonawanda, Buffalo, New York 14207; Khatiza Gift Shop, 314 Hampshire, Buffalo, New York 14213. Passed. Recommended by the Committee on Legislation Chairman C: 1UsenUmc4sld5App6ata4LocalWfacmo ft Windoins T npuraly Intemel Fi1es%Cou1eut0ul1ookM32QV W6Wew Foad Store License Rene.h- AmendW.do Y6 . *AYE* NO * FONTANA FRANCZYK GOLOMBEK * LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT [-------- - - - - -] [ MAJ - 5 ] [ 2/3 - 6 ] [314 - 7 ] City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 618 Food Store License (New) -468 Niagara (Ell)(EDPI) PASSED March 18, 2014 Gerald A Chwalinski City Clerk 1 xk EW y. k Y,: MAR- 1204 A, 17 �7111111111111 7FOB' a q ��. Food Store License (New) — 468 Niagara (Ell)(BP+ (Item No. 452, C.C.P., Mar. 4, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Danielle Stalings d/b /a Niagara Xpress Mart located at 468 Niagara. PASSED Recommended by the Committee on Legislation Chai am C:\ Users\ lnwinskiSAppData\Local\Microsoft\Windows \Temporary Internet Files\Ccntent.0ut1ook\OX32QV W65road store liccnse - new -468 Niagara.docx *AYE* NO * FONTANA t r *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK * LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT [ MAJ - 5 ] * * c [ 2/3 - 5 ] [314 - 7] City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, 1 present herewith the attached resolution item. No. 619 Mobile Food Truck- Betty Crockski, LLC (EDPI) PASSED March 18, 2014 Gerald A Chwalinski City Clerk r MAR'3'1 2014 Qj MiX(Ou 006 11 Mobile Food Truck — Betty. Crockski, LLC (DPIS) (Item No. 455, C.C.P., Mar. 4, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Chapter 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 Dana Szczepaniak and Kathryn Hey of 295 Fayette Avenue, Buffalo, New York 14223, dlb /a Betty Crockski, LLC is hereby approved. PASSED Recommended by the Committee on Legislation [�,t C airman C :\Users\lrucinskiUppD etaU, ocallMicrosoftlWindows\Temporary Iniemet FileslContent.outlook10X32QV W61Mobile Food Tmck -Betty Cmckski.docx r *AYE* NO FONTANA FRANCZYK GOLOMBEK * * LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT [-------- - - - - -] v [MAJ- 5] [213 - b] [314 - 7] C. Christopher, Agent, to Use 2042 Niagara to Convert Storage/Warehouse to An Auto Repair Shop in the Niagara River Coastal - Special Review (North)(DPIS)( 4 14 -470 No, Mar 4) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. Adopted Recommended by the Committee on Legislation irman , 1 C:\ USersUrucinskilAppDat alLocaRMicrosoftlWindowslTemporary Internet fileslContent .Outlook10X32QVW6IChange use 2042 Niagara.docx § S �J 000 Public Financing for City of Buffalo Elections(Golombek) ( #14 -503 Res, Mar 4) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. Adopted Recommended by the Committee on Legislation C irman C: kUscrsUruciinskiLAppOatol Lcca]SMicrosoftlWindowslTempor" Intemet FileskContent.Outlook1OX32QV W6\Change use 2042 Niagam.docx City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 622 PASSED March 18, 2014 Restricted Use Permit- 69 W. Chippewa(3/20/14)(Ell)(Ctyuk) Gerald A Chwalinski City Clerk �IdD ..,�f ltico MARI 1 2014 0 1 V - 0 0 6 Restricted Use Permit — 69 W. Chippewa (Ell) (City Clk) (Item No. 313, C.C.P., Feb. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the 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 March 20, 2014 is hereby approved. PASSED Recommended by the Committee on Legislation s airman C:%Usems clehneMppDataSL.a ]Wicro oftlWindowslTemporuylnlemet Files Cantenl .OutlmkUlNfLCIH$URmuicled Use Pmiet 69 W Chippewa.docx + 7 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO PRIDGEN RIVERA SCANLON SMITH WYATT �-------- - - - - -] [MAJ- s] j 2/3 - 6 ] [314 - 7] City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 623 PASSED March 18, 2014 Food Store License(New)_1291 Broadway (Fill)(EDPI) Gerald A Chwalinski City Clerk 11, P IZ, 11 N q -k 5 m ?" T A ll V E :01 U1 Food Store License (New) —1291 Broadway (Fill)(DPIS) (Item No. 92, C.C.P., Jan. 21, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mohammed Al Sadem d/b/a Monas Market located at 1291 Broadway upon the following conditions: • Hours of operation shall be 8:00 a.m. to 11:00 p.m. Sunday - Thursday and 8:30 a.m. to midnight Friday and Saturday • Must have working security cameras inside and outside of the store and must make tapes available upon request • "No loitering" signs to be posted and enforced by store employees • No spray painted, hand painted or air - brushed signage or graphics on buildings • Must have trash receptacles outside store and be maintained • No outside signage advertising tobacco, gambling (lottery) or alcohol • No selling of loose items, e.g., cigarettes, diapers, etc. • No payphones outside of the store • No blocking of windows • All mechanical equipment must be in working order • Any broken windows must be repaired within 72 hours • No smoking inside the building • Any graffiti must be removed within 72 hours • No vehicles to be parked on sidewalks 4 Recommended by the Committee on Legislation hairman IR-A SSED— C:\Users\clehner\AppDatalLoca]WiaosofllWindowakTemporary Intemet Fiies \Conteni.OutlookUSMLCI145lfood store license -new -1291 Broadway.doex �`b *AYE* NO * FONTANA FRANCZYK GOLOMBEK * * LOCURTO PRIDGEN RIVERA SCANLON * SMITH WYATT [-------- - - - - -] [MAJ- 5 * *� [213 6] * -- [314 - 7] 0 24 J. Milbrand- Appeal of Preservation B Decision Pertaining to 130 South Park (Pub Hrg 2111)( #14-117 No Jan 21) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. Adopted Recommended by the Committee on Legislation an C:\ OsersVlrucinski \AppDataTocal\Microso@1Windows\ Temporary Internet Files \Content.4ntlook\OX32QVWfi \Change use 2042 Magars.docx �1 rVt l U06�5 J. Brem- Concerns Roosevelt Housing Assoc. and Proposed Medical School (C.C.P #13 -62, June 11) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED' Recommended by the Committee on Legislation �C q 0o 6 2 Restricted Parking in Front of City Court (C.C.P #12 -115, Feb 7) Mr. Scanlon now moves that the above item be Received and filed. ADOPTED Recommended by the Committee on Legislation a� Restaurant Dance License (Renewal) 130 South Park (Fill)(EDPI) ( #11 -33 Com, May 17) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. Adopted Recommended by the Committee on Legislation/�2 v U rman C: IUsersVlmcinskilAppDatalLocalSNFicroso @1W indowsl'femporary Infemet pileslConteot.OutIook50X32QV W61Change use 2042 Niagara.docx "1 L' RULES (DARIUS G. PRIDGEN, CHAIRMAN) 01! 00 New Council Member Training (Item No. 141, C.C.P., Jan. 21, 2014) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; That the Common Council hereby authorizes the Council President or his/her designee to provide orientation within seventy -two .(72) hours after a new Council Member has taken office. The orientation should include, but not be limited to, Human Resources procedures, Time Attendance, Council Rules/Procedures, City Charter Overview, Sexual Harassment Prevention, Committee Functions, Pro clamation/Resolution Standards, Dise ' re ary Funds Rules and other information pertaining to the position. Adopted. Recommended by the Committee on Rules C:SUserslclehncAA.ppUaFallocal W1larosofllWindowsSTemporary Int—I FiieslC aulentQull.KAJ5MLCIH5UYe%v Ca=dt Mem6e, TSaini.&dw. a--ow 353 RESOLUTIONS March 18, 2014 City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 629 PASSED March 18, 2014 Disch Finance Comm CCP #13-30, Nov 26- Report of Bids City Hall Exterior Lighting Gerald A Chwalinski City Clerk m FUF �, A 5 N I V MARI 1 2014 Vj C 1 1 .01 [4 ddv k, 112 Cl 71 1 -1 iq 006 RESOLUTION Introduced By: Council Member Richard A. Fontana Date: March 13, 2014 Re: Discharge Finance Committee From Consideration of Item No. 30, C.C.P. November 26, 2013 Whereas: Item No. 30, C.C.P. November 26, 2013, Report of Bids for City Hall Exterior Lighting — Ellicott District, is currently in the Finance Committee, and Whereas: This item has received the necessary approval from Council President Pridgen and Council Member Fontana, and Whereas: It is no longer necessary for this item to be considered by the Finance Committee: Now, Therefore Be It Resolved That the Common Council does hereby discharge the Finance Committee from further consideration of Item No. 30, C.C.P. November 26, 2013, Report of Bids for City Hall Exterior Lighting — Ellicott District, and said item is now before the Common Council for its consideration. `PASSED �a.aevnyw-�— Richard A. Fontana Lovejoy District Council Member ADOPT DISCHARGE. RARME Page 1 of 1 r #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 19, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildin s SUBJECT: [: Report of Bids [: City Hall Exterior Lighting [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: 0f� 3y � Nov a s 2013 I advertised for on August 22, 2013 and received the following formal sealed bids for the City Hall Exterior Lighting, which were publicly opened and read on September 12, 2013. Base Bid CIR Electrical Constr. Co. $489,900.00 400 Ingham Ave., Buffalo NY Frey Electric Construction Co. $692,000.00 100 Pearce Ave., Tonawanda, NY South Buffalo Electric $727,777.00 1250 Broadway St., Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical Constr. Co., with a bid of Four Hundred Eighty Nine Thousand Nine Hundred Dollars and 001100 Dollars ($489,900.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 33320506 445100, 30320506 445100, 38320806 445100, 35323106 - Buildings. SJS /PJM /JF /jlj 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: 4 3 a v *AYE* NO * FONTANA FRANCZYK * * GOLOMBEK LOCURTO PRIDGEN R.IVERA SCANLON * SMITH * WYATT [-------- - - - - -] [MAJ- 5] [213 - 6] [314 - 7] BY: MR. FRANCZYK RE: SUPPORT CENTRAL TERMINAL FOR FAST SPEED TRAIN STATION WHEREAS: The Empire Corridor High Speed Rail Program proposes to link New York State from New York City to Niagara Falls with fast speed trains, greatly reducing and improving travel time across the state; and, WHEREAS: The High Speed Rail Corridor provides many benefits to the state, but the current $14- billion plan has very little or no capital expenditure in the City of Buffalo, the second largest city in the state and one of the largest rail centers in the nation; and, WHEREAS: NYSDOT and the Federal Railroad Administration are soliciting public comments to the High Speed Rail Tier 1 Draft Environmental Impact Statement (DEIS), concluding on March 24, 2014; and, WHEREAS: The New York State Department of Transportation ( NYSDOT) and the Federal Railroad Administration are proposing new or rebuilt Intermodel Train stations, none of which are proposed for the City of Buffalo; and, WHEREAS: The Empire Corridor Plan proposes brand new intermodal train stations for Niagara Falls, Rochester and Schenectady, with improvements to Syracuse, Albany - Poughkeepsie, and Rensselaer; and, WHEREAS: Buffalo receives none of these improvements or new builds; and, WHEREAS: One of the stated objectives as outlined in the Empire Corridor Public hearing in Buffalo on March 6 included historic preservation; and, WHEREAS: The Felheimer and Wagner designed 1929 Art Deco New York Central Terminal at 59 Memorial Drive in Buffalo is on the local, state and National Historic Registers; and, WHEREAS: A stated objective on the Empire Corridor Fast Speed Train is the economic revitalization of New York State communities; NOW THEREFORE BE IT RESOLVED: That the Common Council supports the amendment of the High Speed Rail Empire Corridor Program to include the revitalization of the New York Central Terminal on Memorial Drive as an Intermodal Train Station in the City of Buffalo and officially submits this resolution to NYSDOT by the March 24, 2014 deadline. la DAVID A. FRANCZY ADUpTED City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 631 PASSED March 18, 2014 Waive Street Closing Fee for Allen West Art Festival Gerald A Chwalinski City Clerk MAR'"3 12014 Eyl Z- jdV �Jtf1j 3 G Resolution By: Council Member Franczyk Re: Waive Street Closing Fee on Allen Street between Elmwood Avenue & Wadsworth for the Allen West Art Festival Date: March 18, 2014 WHEREAS, The Allentown Association, Inc., has requested permission to conduct the 16 Annual Allen West Festival on the weekend of June 14 and 15 2014; and WHEREAS, The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allen West Festival attracts thousands of people to the City of Buffalo, including over two hundred talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the Allentown Association to hold the 16 Annual Allen West Art Festival; NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown Association, Inc. permission to conduct the 16 Annual Allen West Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVED, Date and Time of Event The event shall take place the weekend of June 14th and 15 2014, between the hours of 10:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 6:00 AM Until 8:00 PM. BE IT FURTHER RESOLVED, Event Area The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue (west side) on the east, Virginia Street on the south, and Orton PIace and Cottage Streets on the west. BE IT FURTHER RESOLVED, Even_ t Participants The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors Art and/or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and Wadsworth /-�k. qJ (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides). 2. A roval Process. Only art and craft exhibitors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event area defined above, No more than 200 art and craft exhibitors will be permitted Exhibitors engaged in the exhibition or sale of so- called "pse1do" art and commercial exhibitors not engaged in the exhibition or sale of arts and/or crafts shall not be included in that total. 3. Food Concessionaires and Vendors Only food concessionaires and vendors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items The Allentown Association, at it's sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Association may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. S. Compliance with Existing Laws Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. BE IT FURTHER RESOLVED, 1. Remote Broadcasts Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Association. Promotional activities other than those permitted by the Allentown Association are strictly prohibited. 2. Vendor and Exhibitor Identification The Allentown Association shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in qoa promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. 3. Inflatable Devices All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. BE IT FURTHER RESOLVED, That the Common Council hereby requests the street closing fee be waived for the event "Allen West Art Festival" located on Allen Street between Elmwood Ave & Wadsworth. BE IT FINALLY RESOLVED, That a copy of this resolution be forwarded to Ms. Kimberly Trent, Director of the Office of Special Events. avid A. Franczyk Fillmore District Council Member DAF /Jp y t *AYE* NO * FONTANA FRANCZYK * GOLOMBEK LOCURTO PRIDGEN RIVERA * '� SCANLON * SMITH WYATT [-------- - - - - -] [MAJ- 51 * �* [213 - 6] [3/4 - 7] City. Clerk's Department BUFFALO March 21, 2014 HON, BYRON W. BROWN MAYOR OF BUFFALO N �1. Mp Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 632 PASSED March 18, 2014 Waive Special Event and Tent Permit Fees- BfIo Cherry Blossom Festival Gerald A Chwalinski City Clerk 4 I lc K113 j L MAR 1 2014 RESOLUTION By: Mr. Golombek 006,12 Date: 1S March 2014 Re: Waive Special Event and Tent Permit Fees for Buffalo Cherry Blossom Festival Whereas: The first annual Buffalo Cherry Blossom Festival will take place from April 23 to May 4, 2014 in and around the Japanese Gardens, in Delaware Park and the Buffalo History Museum; and Whereas: The Buffalo Cherry Blossom Festival will feature twelve days of music, activities, Japanese cultural presenters and entertainment; and Whereas: Most of the activities are free and open to the public; and Whereas: The festival will kick off with a Japanese Tea Ceremony on April 23, at the Buffalo History Museum and will conclude with a closing ceremony on May 4, 2014; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the Special Event and Tent Permit Fees associated with the Buffalo Cherry Blossom Festival at the Japanese Gardens, in Delaware Park and the Buffalo History Museum from April 23 to May 4, 2014, 2014; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Department of Special Events. ,P41S$Eff Jo h Go ombek, Jr. Yb3 *AYE* NO * FONTANA FRANCZYK * * * GOLOMBEK LOCURTO. PR.IDGEN RIVERA SCANLON SMITH WYATT [-------- - - - - -] [N $] [213 - b] [314 - 7] Y01 RESOLUTION Sponsors: Michael J. LoCurto RE: Buffalo Firefighters and Overdose Prevention Whereas: Mayor Brown has made a commitment to have Buffalo Police officers administer Narcan in order to reverse the effects of a drug overdose; and Whereas: Narcan is a drug that has been successful in treating potentially fatal overdoses of opioids, which include heroin and popular prescription pain medication, such as OxyContin and Vicodin; and Whereas: According to the NYS Department of Health, nonmedical use of prescription drugs among youth ages 12 to 14 and young adults ages 18 to 25 in 2011 was the second most prevalent illicit drug use category; and Whereas: The Centers for Disease Control and Prevention report that every 19 minutes one person dies from an accidental overdose or suicide as a result of prescription drug abuse; and Whereas: Regulations in the prescription pain drug industry has unfortunately led some addicts to turn to other drugs, such as heroin, leading to a spike in heroin use and overdose across the country; and Whereas: Due to the increase in opioid abuse, increased access to Narcan is necessary to save lives; and Whereas: All Buffalo Firefighters are trained as Emergency Medical Technicians (EMTs); and Whereas: Buffalo Firefighters are the first on the location of nearly all emergency calls in the city; and Now, Therefore, Be It Resolved: That the Common Council supports the use of Narcan by the Buffalo Fire Department in order to increase access and its potential to save lives; and Be It Further Resolved: That copies of this resolution be sent to the Mayor and the Fire Commissioner. ! a W Z-q MICHAE J. LoCURTO ADOPT RESOLVES. REFER REMAINDER THE COMMI'T'TEE ON LEGISLATION IV qd 00634 # 4 (Rev. 1193) RESOLUTION By: Council President Darius Pridgen SUBJECT: SET PUBLIC HEARING DISPOSITION OF REAL PROPERTY CITY OF BUFFALO URBAN RENEWAL AGENCY 615 -623 MAIN DOWNTOWN ENTERTAINMENT DISTRICT PHASE 1 URBAN RENEWAL AREA WHEREAS, the City of Buffalo Renewal Agency (BURA) is requesting authorization by your Honorable Body to sell 615 -623 Main Street (Real Property), Buffalo, New York to Sinatra & Company Real Estate LLC (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property. The Purchaser will seek to secure the tenants in long term leases and perform interior and exterior capital improvements to the Real Property; and WHEREAS, the BURA Board has approved the sale of the Real Property at its meeting of February 13, 2014. BURA has negotiated a sales price based upon the fair market value of the Property; WHEREAS, said terms of the proposed transfer have been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of Property in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22nd day of March 2014, 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 1st of April 2014. BM/ms ADOPTED `" �4 0� 00 Gerald A. Chwalinski, City Clerk # 4 (Rev. 1193) SUBJECT: DISPOSITION OF REAL PROPERTY CITY OF BUFFALO URBAN RENEWAL AGENCY 615 -623 MAIN STREET DOWNTOWN ENTERTAIN DISTRICT PHASE I URBAN RENEWAL AREA BY: -Council President Darius Pridg_en WHEREAS, the City of Buffalo Urban Renewal Agency (BURR) has approved the sale of 615 -623 Main Street, Buffalo, New York to Sinatra & Company Real Estate LLC (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the terms of the proposed sale of the property has been duly submitted to this Common Council by BURA; and NOW, THEREFORE, BE IT RESOLVED: BURA is hereby authorized to transfer 615 -623 Main Street to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property for $1.4 million and the BURA Vice Chair is authorized to execute a quitclaim deed to convey title to 615 -623 Main Street to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and 2. BURA personnel are authorized to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of 615 -623 Main Street to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property. BM/ms REFERRED TO THE COMMITEE ON COMMUNITY DEVELOPMENT. J� L4-0? # 4 (Rev. 1/93) RESOLUTION Q F a By: Council President Darius Pridgen SUBJECT: SET PUBLIC HEARING DISPOSITION OF REAL PROPERTY CITY OF BUFFALO URBAN RENEWAL AGENCY SYCAMORE VILLAGE — PHASE III 20,26,30,36,40,46 MATTHEWS 628 JEFFERSON, 41 SYDNI AND 397,435 SYCAMORE WHEREAS, the City of Buffalo Renewal Agency (BURA) is requesting authorization by your Honorable Body to enter into a Land Disposition Agreement (LDA) and sell the following vacant lots located at 20, 26, 30, 36, 40, 46 Matthews, 628 Jefferson, 41 Sydni and 397, 435 Sycamore, Buffalo, New York (Real Properly) to Burke Homes, LLC (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property; and WHEREAS, the BURA Board has approved the sale of the Real Property at its meeting of February 27, 2014. The Purchaser is proposing to construct up to ten (10) market rate residential single family homes on the remaining vacant parcels located in the Sycamore Village Subdivision. BURA has negotiated a sales price of $20,000.00 per vacant lot; WHEREAS, said terms of the proposed transfer have been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of Property in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22 t day of March 2014. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 1st of April 2014. BM /ms ADOPTED � 0 # 4 (Rev. 1193) SUBJECT: DISPOSITION OF REAL PROPERTY CITY OF BUFFALO URBAN RENEWAL AGENCY SYCAMORE VILLAGE — PHASE III 20,26,30,36,40,46 MATTHEWS 628 JEFFERSON, 41 SYDNI AND 397,435 SYCAMORE BY: Council President Darius Prid en WHEREAS, the City of Buffalo Urban Renewal Agency (BURR) has approved the sale of 20, 26, 30, 36, 40, 46 Matthews, 628 Jefferson, 41 Sydni and 397, 435 Sycamore (Real Property) to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property located in the Sycamore Village Subdivision; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the terms of the proposed sale of the Real Property has been duly submitted to this Common Council by BURA; and NOW, THEREFORE, BE IT RESOLVED: BURA is hereby authorized to enter into a Land Disposition Agreement and transfer the Real Property to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property for $20,000.00 per vacant lot and the BURR Vice Chair is authorized to execute a quitclaim deed to convey title to the Real Property to Burke Homes, LLC or an affiliated entity formed or to be formed, said sale to be negotiated to finalization and approved as to form by BURA General Counsel, and 2. BURA personnel are authorized to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of the Real Property to Burke Homes, LLC or an affiliated entity formed or to be formed. BM/ms REFERRED 1 THE COMMU TTEE ON COMMUNITY UEVELOPFV�'ENIT, 1r _ kkj RESOLUTION In the Common Council of the City of Buffalo, On March 13, 2014 00, 6 3 Council President Darius G. Pridgen submitted the following resolution: Protecting Neighborhoods Threatened by Gentrification Whereas, investments in a community that can encourage economic development often come with high costs to the middle and low- income residents who have lived in an area for decades before gentrification; Whereas, such burdens to Iong -term residents include towering appreciation on their home values that incur property taxes well outside the household budgets of these residents; Whereas, the City, while encouraging newcomers and their plans for development, also has a commitment to protecting people who originally founded a neighborhood; Whereas, the Fruit Belt is an urban neighborhood at risk of suffering the negatives of gentrifying efforts from the ever expanding medical campus; Whereas, ways to protect long -term residents of the Fruit Belt include allowing these homeowners to reduce the assessed value of their homes or freezing their home assessments for a finite period of time; and Whereas, the best solution to protect these homeowners will come from open dialogue with local residents, business leaders, and City officials: Now, Therefore Be It Resolved that the City of Buffalo Common Council- 1) Requests the Fruit Belt Advisory Committee to the Buffalo Common Council create a committee to establish their position on the gentrification of the Fruit Belt, and propose suggestions for addressing the concerns of gentrification, including but not limited to freezing property taxes, and present their ideas to the Council no later than June 3, 2014; and 2) Requests Corporation Counsel to inform the Council no later than April 15, 2014 of any federal or state laws that would potentially block a City attempt to limit property tax increases for long -term residents. 6- 1 Q 4Pridgen Darius G. Council President D Ellicott District Council Member Pagge e I of I of Z ADOPT RESOLVES. REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 4 RESOLUTION Sponsors: Christopher P. Scanlon Subject: Instituting a "Shelf Life" for Items in Committee Folders WHEREAS, Often times, items that are presented at the regular meeting of the Buffalo Common Council are sent to the appropriate committee to facilitate further discussions and to allow departments and/or various other involved parties the opportunity to express their concerns and opinions, as well as answer questions that the Common Council may have; and WHEREAS, These items are then either sent back to the full Council meeting where an action is taken, ultimately putting the item to rest, or the items are "tabled" in their respective committee; and WHEREAS, It is not unusual for items to be "tabled" so that further information can be gathered and necessary meetings can be held to ensure the item is properly addressed; and WHEREAS, In some instances, however, no further action is taken once an item is tabled. Instead, the item remains in the committee folder for an indefinite amount of time, in some cases close to five years; and WHEREAS, These indefinitely tabled items not only take up a significant amount of space in the various committee folders, they also become irrelevant and fail to serve the residents of the City of Buffalo; and WHEREAS, In other government bodies, such as the New York State Senate, items (i.e. bills) can only remain on the docket a maximum of two years. Once a new Senate is elected, any senators who wish to continue to pursue the item must resubmit it; and WHEREAS, The imposed time limit requires the group or individual who submitted the item to actively work on it to ensure an action is taken, or to have to resubmit the item once the time limit has lapsed; and NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council seriously considers creating and imposing a two year time limit, or "shelf life ", on all items sent to committee folders, requiring any items that remain after two years to be automatically received and filed. sto r P. lon fp South District Council Member REFERRED TO THE COMMITTEE ON RULES City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: I Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 640 Transfer in Funds- PW PASSED March 18, 2014 Gerald A Chwalinski City Clerk ;.jp MA9 `31 014 '01 1 h 1 V V � I IJZ Cl --1 f BY: MR. SCANLON Transfer of Funds VI That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 13116006- 443100 Street Lighting - Road Repair To: 15050006- 443303 Public Works —Vehicle Drivetrain Repair PA E $ 100,000 $1o0,000 If I ,;!- � Y * AYE *NO* * FONTANA * FRANCZYK * * GOLOMBEK * * LOCURTO X PRIDGEN RIVERA * SCANLON * SMITH * WYATT * Maj -5 *; 2/3- 6 3/4- 7 City Clerk's Department BUFFALO March 21, 2014 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 641 Budget & Personnel Amendment- Police PASSED March 18, 2014 Gerald A Chwalinski City Clerk P R Rt 0 V E D MARS 12014 BY: MR. WYATT 0 0 6 t BUDGET AND PERSONNEL AMENDMENT 20— POLICE 1124 -- CIVILIANS The Common Council of the City Of Buffalo does ordain as follows: FM That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 20 -1124 — Police - Civilians which currently reads: 44 Cellblock Attendant $ 23,130 - $36,119 Is hereby amended to read: 44 CeIlblock Attendant $ 25,283 - $36,119 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Daniel Derenda, Commissioner of Police, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. B M. BRO N MAYOR 7 cv�J� fC J.F. SCHR + DER COMPTROLLER l PASSED .� DANIEL DERENDA POLICE COMMISSIONER . — A Z V ZT -- PROVED A FORM Corporation Counsel DU A J. ESTR�ICH�� COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS Ic yJ MEMORANDUM OF AGREEMENT In The Matter of Improper Practice Charge Petitioned by AFSCME Local 264, AFL -CIO Before the Public Employment Relations Board As for this MEMORANDUM OF AGREEMENT by and between the City of Buffalo (hereinafter "City ") and AFSCME Local 264, AFL -CIO (hereinafter "Union "), in settlement of the Improper Practice Charge filed with the Public Employment Relations Board (hereinafter "PERB ") as case number U -32304 the parties agree as follows: WHEREAS, the Union is the bargaining representative for Blue Collar workers employed by the City of Buffalo, including Cell Block Attendants; and WHEREAS, the Union, on or about November 14 2012, brought an amended Improper Practice Charge before PERB alleging that the duties now assigned to the Cell Block Attendants of transporting prisoners to court are not inherent job duties of their title and that the City failed to negotiate the terms and conditions of these additional duties; and WHEREAS, the Union alleged that the new duties imposed upon the Cell Block Attendants was an improper unilateral increase in work load; and WHEREAS, the City initially asserted that transport of prisoners is an inherent job duty of Cell Block Attendants; and WHEREAS, the parties have had numerous discussions and pre - hearing conferences at PERB regarding the impact of the new duties performed by Cell Block Attendant; and WHEREAS the parties are desirous, in the interest of positive labor relations and in consideration of the cost of such litigation, of resolving the controversy without further proceedings; NOW, THEREFORE, in consideration of the above and in full settlement of 0- 32304, the parties hereby agree as follows: 1. The parties agree that Cell Block Attendants will continue to perform the present duties of transporting and escorting prisoners to court. 2. In consideration of the duties in paragraph one (1), all Cell Block Attendants, which includes salary grades 31 B and 10B, shall reach top grade in seven steps based on the following: First year 70 %, Second year 75 %, Third 80 %, Fourth 85% Fifth 90% Sixth 95 %, Seventh 100 %. ws The steps shall increase on the employees' anniversary date. 3. The parties agree that the modified salary steps are restricted to current and future employees hired in the Cell Block Attendant position. 4. The parties further agree that effective date of the modified salary schedule shall commence on July 1, 2013 fiscal year. 5. The Union acknowledges it has been afforded a full and fair opportunity to review this Memorandum of Agreement with counsel. Dated: January 2 1, 2014 Buffalo, New York X Omar Price Director of Employee Relations Sean Carney 264 President 4 0f O VC A cu� - b �Zwm CA .n l A� *AYE *NO* FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * SCANLON * SMITH * WYATT * * * * Maj -5 * ** �* 213 - 6 * 3/4- 7 A� I 00041 BY: RASHEED WYATT 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. Edward J. Slowinski Total: 1 Adopted 3118114 f\% 0 06.4 BY: RAS H EE D WYATT 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. Eric P. Doherty Mark F. Riffling TOTAL:2 ADOPTED ON 3118114 D� 14cq 00611 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 1.3 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Tuesday, March 25, 2014 at 9:45 o'clock A.M. Tuesday, March 25, 2014 at 10:00 o'clock A.M. Tuesday, March 25, 2014 at 1:00 o'clock P.M. Tuesday, March 25, 2014 at 2 :00 o'clock P.M. Special Committees (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. l No. Adjournment On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at �J� Io n ? GERALD A. CHWALINSKI CITY CLERK March 1&, 2014