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j City of Buffalo&Buffalo Niagara Medical Campus, Inc. ttP Terms and Conditions for Lease of the Ellicott Goodrich Garage Property ATTACHMENT"B" a i f1 7 11 Parking Structure A. Parking structures must be designed as follows: 1. Internal circulation and parking levels must be oriented so that a horizontal,rather than sloped, plane faces the principal thoroughfare abutting the site. 2. Any rooftop open-air parking must be screened with a parapet of between four and five feet in height. 3. Where parking spaces are visible along the front or corner side facades of the ground story of a parking structure,a kneewall of at least three feet in height must be provided. Parking structures located more than 150 feet from a public right-of-way are exempt from this requirement. 4. Entries for parking within a parking structure should be placed along a secondary thoroughfare or alley,where practicable. 5. Any parking structure which has direct frontage on a public right-of-way in the N-11), N-1C, N-1S,N-2C,N-2E, N-31C,or N-3E zone must be designed so that at least 75%of the linear width of the ground floor front and corner side facades,measured from building corner to building corner and excluding pedestrian and vehicular entries,is designed for commercial i tenant spaces. Each commercial tenant space must have a minimum depth of 35 feet, measured from the front facade. 3 B. Parking structures must provide for a vehicular clear sight zone as follows: 1. The portion of the facade that includes the vehicle exit area, plus eight feet on either side, must be set back from the adjacent right-of-way line a minimum of eight feet. 2. In the sight triangle,defined as the area bound by the parking structure wall,sidewalk,and exit lane, landscape,or a solid masonry wall a maximum of three feet in height must be included to act as a buffer between the exit aisle and the sidewalk. 3. The upper story facades of the parking structure may overhang the vehicular clear sight zone. i i i l i I a FROM THE MAYOR— EXECUTIVE DEPARTMENT i 1 j Oct 13,2015 FROM THE OFFICE OF CITIZEN SERVICES i 3 g3 3 I COMMUNICATION TO THE COMMON COUNCIL 0' TO: THE COMMON COUNCIL DATE: October 5, 2015 FROM: DEPARTMENT: Office of the Ma or DIVISION: Citizen Services SUBJECT: Submission of Monthly Report for September 2015 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for September 2015, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. s i Department Head Name: Oswaldo Mestre Jr. Title: Director Citizen Services- Signature ervicesSignature of Department Head: i RECEIVED AND FILED City of Buffalo Citizen Services 218 City Hall Calls Between 9/1/2015 and 9/30/2015 ® e Administrative Adjudication g Anti-Graffiti Program � � g.mw.��m Assessment Issue3 BFD Fire Issue ®,m 10 13 BMHA Employee IssueA 1 Board of Education 2 BPD BasketballHoop_RoW 10 BPD Quality of Life Issue �W 97 Buffalo Police Department s. 247 Citizens'Information � 38 CityClerk Dog License, 5 CommServs Senior Services 2 EDPIS 1055 Fire Hydrant " 15 Illegal Dumping OSP RealEstate Am. 4.. . Inrem Real Estate x ,19,� � Law Claims 42 MIS Website Issues ,� a� n�3 NationalGrid Streetlights2 248-- Neighborhood Cleanup 5 Olmsted Parks 3 Open311 Housing 12 OSP Housing Loans UMP —Is sue _ ,mav ar 1 Parking-Buffalo Traffic Violations 19 � �® Post Event - -Y 2 PVB Abandoned Vehicle ' 19 PVB Parking Issue m 194 PVB Pay Station 101 PVB Personnel Issue ' s 7 PVB Single-Space Meter 172 PW Animals 129 PW Bike Rack - - 4 PW Bridge Issue 6 PW Building Maintenance M m� 3 PWBulk Trash ,, , __'_' 36 j PW Cave In 68 a. PW City Foresteru 23 PW City Park Tree Issue �R 2 PW City Parks 16 PW CityHall CityCourt 2 PW Curb-Metal Protruding 2 1 PW Curbs a ,a -- W� 6 PW Damage from Sts/San Dept 16 PW Damaged Street Light Pole 20 PW Dead Animal Removal71 PW Eng Personnel 1.. PW Excess Trash 30 PW Forestry Subcontractor ___ 1 ar' Calls Between 9/1/2015 and 9/30/2015 PW Fridge 6 u PW Garbage Missed Pickup 207 PW Illegal Dumping Curb 19 w PW Illegal Dumping_Street 21 PW Leaves/Lawn Debris � 50 PW Missed 2 Piece Trash4a 102nan«mom PW Ongoing Construction 20 PW Ordinance Violations ��,� � ,� 92 -� PW Other Hole in Road, --.——u,--� � m— 15 PW Pavement Markings Lines 19 PWPaving -�� �� �� —. 50 PW Pest �„u.,.� 236. PW Pick and Pay 147 PW PotHole � a 159 PW Recycle Tote Replace 108 PW Recycle Totes 113 �m PW RecycleToteAbandon Pickup 9 PW Recycling Missed Pickup 4 Mu m229 PW Recycling Personnel Issue Wap �, anw 24 � PW Recycling Tote Escalated Question 37 � PW Right of Way IssueW 17 PW Rodents rer qty' 191 PW Sanitation OperationalA 31 PW Sanitation Personnel W 5 PW Sidewalks 192 PW Sign Harards �- 25 PW Sign l Other Issue � _ u '16 PW Signal Other Issue �16 PW Signal Out or Flashing 16 PW Signal Timing Issue City 6 PW Streets Operational , �F5 � 1 PW Streets Personnelh N 1 PW Sweeper 54 PW Tote Waiver M 6 m � PW Totes � - 1073 PW Totes Audit Wim„ aAAmew„ ,� ,a �4 46 PW TV at Curb v � m gun a„ 22 PW User Fee . . 15 imp PW Vacant Lot 100 PW Waterfront Issueeq 2 - Quick Response Teams 5 Resolution Survey 13 Save Our Streets 35 Sewer � w 77 Sewer-Flooding 15 Taxation Issue �16 �� 1 Water 35 �rr Water BiIIii ng_Meter 19 W 2 I FROM THE OFFICE OF STRATEGIC PLANNING s R I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 10/7/2015 FROM: DEPARTMENT: STRATEGIC PLANNING SUBJECT: [: BENLIC preemptive bid at In Rem 49 auction PRIOR COUNCIL REFERENCE: NONE The City of Buffalo has partnered closely with the Buffalo Erie Niagara Land Improvement Corporation ("BENLIC" or"Land Bank")to address the impact of blight, distressed properties and the impact of absentee property owners. BENLIC is funded to complete five residential rehabs in Buffalo. The City of Buffalo will work with BENLIC to identify properties for BENLIC to acquire at the In Rem 49 tax foreclosure auction by preemptive bid for rehabilitation and resale to a responsible purchaser who will return the properties to taxable status. These properties will be identified based on their abandoned tax foreclosure status, in cases where the titled owner does not redeem the property prior to auction. Properties will be targeted to address blight or the threat of blight to the surrounding community. Section 1616(i) of the New York Not-for-Profit Corporation Law provides that New York Land banks, including BENLIC, may tender a preemptive bid at tax sales in an amount equal to the total amount of all municipal claims and liens which were the basis for the judgment and in the event of such tender by a land bank, the property shall be deemed sold to the land bank regardless of any bids by any other third parties. In order for BENLIC to purchase City properties through the in rem process, the City of Buffalo must agree to a Property Tax and Maintenance & Foreclosure Proceeds Distribution Policy ("Proceeds Distribution Policy") which outlines the obligations of the land bank and the expected repayment, if any, of the taxes and fees which were the basis for the judgment. To the extent that such agreement results in the repayment of taxes and fees in the amount less than the amount of taxes and fees which were the basis for the judgment, the cancellation of unpaid City property taxes and fees is necessary under the circumstances described in the Proceeds Distribution Policy. Your Honorable Body is being requested to: 1) Accept and agree to the BENLIC's Property Tax and Maintenance & Foreclosure Cost Recapture Policy for the City of Buffalo tax sale adopted by BENLIC on September 18, 2015 which outlines the obligations of BENLIC and the expected repayment, if any, of the taxes and fees which were the basis for the judgment on properties bid on by BENLIC at In Rem 49 auction. 2) Authorize the cancellation of unpaid city taxes and fees on properties bid on by BENLIC to the extent that such agreement results in the repayment of taxes and fees in the amount less than which were the basis for the judgment, returning the property to productive use. DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: Executive Director, Office of Strategic Planning SIGNATURE: REFERRED I E O iIf IITTEE \,��P, ON FINANCE. �� ``\� BUFFALO ERIE NIAGARA LAND IMPROVEMENT CORPORATION PROPERTY TAX AND MAINTENANCE & FORECLOSURE PROCEEDS DISTRIBUTION POLICY FOR 2015 FORECLOSING GOVERNMENTAL UNIT: CITY OF BUFFALO The Buffalo Erie Niagara Land Improvement Corporation(BENLIC) acquires, and eventually sells,properties for the purpose of advancing the Corporation's mission as follows: BENLIC seeks to confront and alleviate the problems distressed properties cause to communities by supporting municipal and regional revitalization efforts and strategically acquiring, improving, assembling, and selling distressed,vacant, abandoned and/or tax-delinquent properties. BENLIC is able to acquire parcels in a variety of ways, including the foreclosure process with City of Buffalo acting as the foreclosing government unit (FGU). The foreclosure is either done directly or via the preemptive(or "super-bid')procedure as authorized by Article 16 of New York State Not-for-Profit Corporation Law("The Land Bank Act"). The foreclosure method of property acquisition presents unique challenges relative to the payment of the bid-the satisfaction of the municipal claim(s) (i.e. accrued back taxes, fees, and charges)which was the basis for the judgment-to the City of Buffalo ("City"),the Buffalo Sewer Authority("BSA"), the Buffalo Water Board("BWB"), and the County of Erie ("County") (as the BSA, BWB and County possess their own tax and fee liens and claims on property), as well as reimbursement of maintenance service costs incurred by the City of Buffalo during the time of BENLIC ownership.For the purposes of this Policy, fees owed to the City of Buffalo include the City of Buffalo's Solid Waste User fees. Properties acquired through foreclosure have one or more years of delinquent City, BSA, BWB, County property taxes and fees owed by the property owner(s) and/or interest(s) It is therefore requisite and appropriate for BENLIC to develop a Proceeds Distribution Policy into its operations which is followed whenever a property originally acquired through a foreclosure process(with City of Buffalo as the primary FGU) is sold to another entity. Since it is BENLIC policy to require the "host" local government (City of Buffalo)to maintain property acquired through the foreclosure process, expenses relative to property care and management will be incurred over the time of BENLIC ownership. It is also acknowledged that BENLIC's purpose in acquiring said properties is to carry out the community needs and revitalization objectives stated in the City of Buffalo's resolution requesting BENLIC to acquire said property. In summary, BENLIC and the City of Buffalo are partners in the process and must work in a cooperative manner. Recognizing this need for cooperation as well as the costs that may be borne by the City of Buffalo by paying for expenses incurred in maintaining a BENLIC property, it is appropriate for the Corporation to reimburse the City of Buffalo,where feasible, a portion of the maintenance costs. Page 1 a CITY OF BUFFALO PROCEEDS DISTRIBUTION POLICY: BENLIC shall repay both the City of Buffalo, BSA, BWB, and the County a variable portion of the delinquent City, BSA, BWB and the County property taxes and fees owed on properties acquired through the foreclosure process. BENLIC,shall also reimburse the City of Buffalo a variable portion of maintenance costs the City incurs during the time of Corporation ownership,with the reimbursement amount being established pursuant to the following procedure: PROCEDURE 1. Definitions: a) Net Proceeds: The primary sale price minus the following: (1) Closing Costs incurred by BENLIC during the initial foreclosure transfer as well as during the primary sale from BENLIC to a new owner. (2) Insurance Premiums (3) Capital Improvements (4) Marketing Costs (5) Utility Costs (6) Other miscellaneous costs incurred by BENLIC b) Maintenance- the costs incurred while: Performing all necessary functions to ensure that the condition and appearance of the property are maintained satisfactorily. Such maintenance functions shall be performed to remain in compliance with City ordinances/association standards year-round. These functions include, but are not limited to, securing the property(changing locks, securing swimming pools, boarding up if necessary), lawn maintenance, debris removal, winterization, snow and ice removal,and emergency repairs. 2. Within 30 days following the primary sale closing,the City of Buffalo (through its Division of Real Estate) shall submit to the Executive Director, or his or her designee, an itemized listing of all costs incurred to maintain the property during BENLIC ownership. _ 3. Within 45 days following the primary sale closing,the Executive Director or his or 1 her authorized designee, shall calculate the net proceeds figure associated with the property in question. 4. All items subtracted from the primary sale price to determine the "net proceeds" shall be verified with appropriate written documentation and repaid to BENLIC. s 5. The Executive Director, or authorized designee, shall divide the Net Proceeds amount by two to determine the funds to be retained by BENLIC (known as BENLIC Proceeds) and those to be split between the City, BSA, BWB, and the County the appropriate proportion of back taxes and fees owed,retained as "property taxes and Page 2 fees recapture"and those to be retained by the City as "maintenance cost reimbursement." 6. The funds from "property taxes and fees recapture"and"maintenance cost reimbursement" shall be noted as the Local Distribution Proceeds. 7. Where the Local Distribution Proceeds is greater than the total amount of property taxes and fees recapture plus maintenance cost reimbursement,the City of Buffalo, BSA, BWB and the County should be paid in full and any remaining balance shall be forwarded to BENLIC. [SEE EXAMPLE 1 BELOW] However, in such circumstances where the Local Distribution Proceeds is less than the total amount of property taxes and fees recapture plus maintenance cost reimbursement,the City taxes and fees, BSA taxes and fees, BWB taxes and fees,the County tax and the City maintenance cost shall be paid in an equally proportional amount of the Local Distribution proceeds. To determine the equally proportional amount,the Local Distribution proceeds shall be divided by the total of property taxes and fees recapture plus maintenance cost reimbursement to determine Percentage X. Percentage X will then be multiplied by the property taxes and fees recapture (to determine how much shall be paid to the City, BSA,BWB and County) and by the maintenance cost reimbursement(to determine how much shall be paid to the City of Buffalo). [SEE EXAMPLE 2 BELOW] In such circumstances where there is a negative amount of Net Proceeds and the sale is$1,000 or greater(i.e. when the Carrying Costs are greater than the, $1,000 or greater Primary Sale Price), a separate and distinct formula will apply. Such circumstances shall require that the Corporation pay the City, BSA,BWB and the County 10%of the primary sale price toward the costs of back taxes and fees (in the case of the City, BSA, BWB and the County) and 10%of the primary sale price towards the maintenance expenses (to the City). If 10%of the primary sale price is greater than either the taxes and fees owed to the City, BSA, BWB and County, or the actual maintenance costs incurred by the City, BENLIC shall pay only the actual taxes and fees owed and the actual maintenance costs. In certain circumstances BENLIC may seek a hardship waiver of this repayment policy from the Buffalo Common Council,the Board of the Buffalo Sewer Authority,the Board of the Buffalo Water Board and/or from the legislature of Erie County. Said waiver requests shall document the public need for BENLIC involvement with the property, property tax and fee history, etc. All waivers require approval by the City Council and BENLIC's Board of Directors. [SEE EXAMPLE 3 BELOW] 8. Under no circumstances, except as noted in Paragraph 9 below, shall the amount . disbursed for property taxes and fees recapture and/or maintenance costs exceed the t funds available within the "Local Distribution Proceeds". 9. The BENLIC Executive Director, or authorized designee, shall prepare a written summary of the Net Proceeds calculation inclusive of the distribution amounts to Page 3 1 BENLIC, City, BSA, BWB, and the County. Said summary shall be presented to the Board of Directors for information at scheduled meetings of the Board. 10. The BENLIC Executive Director, shall cause to be distributed all funds as presented to the Board of Directors within 90 days of the primary sale. EXAMPLE 1: BENLIC or the City of Buffalo forecloses on a house in the City having back taxes and/or fees of $10,000 to the City, BSA,BWB and $3,000 to the County. BENLIC sells the property two years later for$60,000. The City of Buffalo has incurred $1,000 to maintain the property(e.g. cut grass and clear snow). The carrying cost to BENLIC for acquiring, holding, rehabilitating and conveying the property are as follows: • Closing Costs at Initial Acquisition - $ 300 • Insurance Premium - $ 700 • Utility Costs - $ 500 • Marketing Costs - $ 3,000 • Capital Improvements (Rehab) - $15,000 Total: - $16,500 The Net Proceeds from the primary sale are $60,000 - $16,500=$43,500. These funds are divided by two to determine the amount retained by BENLIC (i.e. $21,750) and the Local Distribution Fund(i.e. $21,750). From the Local Distribution Fund the City, BSA,BWB, and County proportion is-repaid the full amountof back taxes (i.e. $10,000 and$3,000) and the City is repaid$1,000 for maintenance costs. BENLIC disburse these amounts to the governments. Since$7,750 remains in the Local Distribution Fund,these funds are retained by BENLIC.` EXAMPLE 2: BENLIC forecloses on a house in the City of Buffalo having back taxes and fees of$33,000 ($22,000 City and BSA and BWB and taxes of$11,000 owed the County). After considerable rehabilitation, BENLIC sells the property three years later for$75,000. The City of Buffalo has incurred$2,400 to maintain the property(e.g. cut grass and clear snow). The carrying costs to BENLIC for purchasing,holding, rehabilitating, and reselling the property are as follows: • Closing Costs at Initial Acquisition - $ 300 • Insurance Premium - $ 700 j • Utility Costs = $ 500 J • Rehabilitation(roof and foundation repairs) $28,500 • Marketing Costs - $ 1,000 Page 4 1 Total: - $31,000 The Net Proceeds from the primary sale are $75,000 - $31,000=$44,000. These funds are divided by two to determine the amount retained by BENLIC (i.e. $22,000) and the Local Distribution Proceeds (i.e. $22,000). The Local Distribution Proceeds is not great enough to pay the total amount owed in taxes and fees to the City,BSA, and BWB (i.e. $22,000) and the County($11,000) as well as the amount owed to the City for maintenance(i.e. $2,400). The policy states that the Local Distribution Proceeds are to be applied in an equally proportional amount to the property taxes and fees recapture and maintenance costs. As such,the local distribution proceeds amount of$22,000 shall be divided by the total amount owed for property tax recapture plus maintenance costs, namely$35,400 i.e. $22,000/$35,400=62.15%. In this instance,the City, BSA, BWB and the County will be repaid 62.15%of the $33,000. The City, BSA, BWB will be repaid 62.15%of $22,000 (i.e. $13,673)and the County will be repaid 62.15%of$11,000 (i.e. $6,836.50). Further, the City will be repaid 62.15%of$2,400 (i.e. $1,491.60). EXAMPLE 3 The primary sale of the property is $1,400 however the carrying costs for the property were $3,000. In this circumstance,the net proceeds is a negative number(i.e. $-1,600). In this example,the back taxes and fees owed to the City,BSA, BWB and County for the parcel are $57,000 and the maintenance expenses owed to the City are $3,000. Because the net proceeds is a negative number, the separate and distinct"10%formula"applies. The City,BSA, BWB and the County will receive 10%of the sale price to share,namely$140 towards the back taxes to be shared as calculated by each entities' percentage of the total tax and fee debt and the City will likewise receive $140 towards its maintenance costs. i i i 3 i f 7i I Page 5 #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 532 Busti Avenue—Vacant Lot 92.50 NW JERSEY . Lot Size: 26' x 132' Assessed Value: $2,700 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Elliot Velazquez, 543 Busti Avenue, Buffalo, New York 14201 to purchase 532 Busti Avenue. Mr. Velazquez would like to purchase the lot for added greenspace. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from. Seventy Cents ($.70)-to One Dollar and Fifty Cents ($1.50) per square foot. f Mr. Velazquez has agreed and is prepared to a Seventy Three cents $.73 q g p p pay Y ( ) per square foot for the parcel for a total of Two Thousand Five Hundred Dollars ($2,500) for the above referenced property. He has also agreed to pay for the cost of the transfer tax F and recording fees. i 1 I am recommending that Your Honorable Body approve the sale of 532 Busti Avenue for the amount of Two Thousand Five Hundred Dollars ($2,500) to Mr. Elliot Velzquez. 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. i" I � ` October 8, 2015 Report of Sale 532 Busti Avenue DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE F--ST TEGIC PLANNING t CRN:edr REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. i 3 {p1 i #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 57 Carl Street-Vacant Lot 90. S SCAJAQUADA Lot Size: 30' x 140' Assessed Value: $2,600 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mohammed Nuruzzaman, 210 Crystal Street, Brooklyn, New York 11208 to purchase 57 Carl Street. Mr. Nuruzzaman would like to purchase the lot for additional yard space for his property located at 53 Carl Street. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty-Five Cents ($.45) to One Dollar ($1.00) per square foot. Mr. Nuruzzaman has agreed and is prepared to pay Sixty-Six Cents ($.66) per square foot for the parcel for a total of Two Thousand Eight Hundred Dollars ($2,800) for the above referenced properties. He has also agreed to pay for the cost of the transfer tax 3 and recording fees. 3 I am recommending that Your Honorable Body approve the sale of 57 Carl Street for the amount of Two Thousand Eight Hundred Dollars ($2,800) to Mr. Mohammed ` Nuruzzaman. 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. October 8, 2015 Report of Sale 57 Carl Street DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF ST TEGIC PLANNING CRN: edr 3 REFERRED TO THE CO,MM11 EE 3 3 I 1 i� Y P #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 45 Fitzgerald—Vacant Lot 188' S Mackinaw Lot Size: 40' x 160' Assessed Value: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Timothy Czekaj, 43 Fitzgerald, Buffalo, New York 14210 to purchase 45 Fitzgerald Mr. Czekaj would like to purchase the lot adjacent to his home for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo b � y a the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar Fifteen Cents ($1.15) per square foot. Mr. Czekaj has agreed and is prepared to pay Fifty Cents ($.50) per square foot for the parcel for a total of Three Thousand Two Hundred Dollars ($3,200) for the above referenced 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 45 Fitzgerald for the amount of Three Thousand Two Hundred Dollars ($3,200) to Mr. Czekaj. 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE O ST ATEGIC PLANNING ; i CRN:j j Report of Sale—45 Fitzgerald(Fill) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated October 8, 2015, be received and filed; That the offer from Timothy Czekaj of 43 Fitzgerald, Buffalo, New York 14210, in the amount of Three Thousand Two Hundred Dollars ($3,200.00) for the purchase of 45 Fitzgerald 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 3 i i I i '1 CAUsersXImcinsld\AppData\Loc IWcrosoR\Windows\Temporary Intemet Files\ContentOutlook\OX32QVW6\Report of Sale-45 Fitzgerald.dmx 2� J * AYE * NO * * * FEROLETO * FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN * * * RIVERA SCANLON * WINGO WYATT [— -----------] * y [MAJ — 5 ] [2/3 — 6 ] [ 3/4 — 7 ] 1 i i c i I #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 429 Forest Ave—Vacant Lot 103.50 E ABBOTTSFORD Lot Size: 35' x 125' Assessed Value: $4,800 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Andrew Krawchuk, 427 Forest Avenue, Buffalo, New York 14213 to purchase 429 Forest Avenue. Mr. Krawchuk would like to purchase the lot for added green space and parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($.70) to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Krawchuk has agreed and is prepared to pay One Dollar and Fourteen Cents ($1.14) per square foot for the parcel for a total of Five Thousand Dollars ($5,000) for the above referenced properties. 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 429 Forest Avenue for the amount of Five Thousand Dollars ($5,000) to Mr. Andrew Krawchuk. 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. I i i7 I October 8, 2015 Report of Sale 429 Forest Avenue DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING CRN:edr 1 a r Report of Sale—429 Forest(Nia) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated October 8, 2015, be received and filed; That the offer from Andrew Krawchuk of 427 Forest Avenue, Buffalo, New York 14213, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 429 Forest 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 i i 1 I C:\Users\lmc4dd\AppData\Local\Microsoft\Windows\Temporary Intemet Files\ContenLOodook\OX32QV W6\Report of Sale-429 Forestd— * AYE * NO FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN * * * RIVERA SCANLON WINGO WYATT * [-------------] [MAJ - 5 ] 2/3 - 6 [ 3/4 - 7 ] i { Cl #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 6, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale Portion of 1466 Hertel 133.83 E NORWALK Lot Size: 65.16' x 183' Assessed Value: $23,800 (Delaware District) The Office of Strategic Planning, Division of Real Estate has received a request from Sarah Grabowski, 137 Norwalk, Buffalo, New York 14216 to purchase a 2' x 150' portion of 1466 Delaware. Mrs. Grabowski would like to purchase the portion to have use and access of her driveway and garage. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services, Division of Collections and the Department of Parking have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An appraisal was performed by Northeastern Appraisal Associates Commercial, Inc. and the Market Value of$500.00 was approved by the Appraisal Review Board on September 10, 2015. Mrs. Grabowski has agreed and is prepared to pay Five Hundred Dollars ($500) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees 1 am recommending that Your Honorable Body approve the sale of the portion (2' x 150') of 1466 Hertel Avenue for the amount of Five Hundred Dollars ($500) to Mrs. Sarah Grabowski. 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. October 6, 2015 Report of Sale Portion of 1466 Hertel DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STR -E IC PLANNING CRN: edr i i J 40 i Report of Sale—Portion of 1466 Hertel (Del) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated October 6, 2015, be received and filed; That the offer from Sarah Grabowski of 137 Norwalk, Buffalo, New York 14216, in the amount of Five Hundred Dollars ($500.00) for the purchase of a 2' x 150'portion of 1466 Hertel 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 i I I C:\Users\l o inskiWppData\Local\MicrosoR\Windows\Temporary Internet Files\ContenlOutlook\OX32QV W6\Report of Sale-1466 Hertel.docx * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN a RIVERA SCANLON WINGO WYATT 3 [-------------] [MAJ— 5 ] s [2/3 — 6 ] * *" [ 3/4 — 7 ] I #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 137 Kingsley—Vacant Lot 42.40 E ROEHRER Lot Size: 33' x 112' Assessed Value: $2,000 (Ellicott District) Report of Sale 535 East Utica-Vacant Lot 519. W HUMBOLDT PKWY Lot Size: 35' x 141' Assessed Value: $ 2,300 (Ellicott District) I The Office of Strategic Planning, Division of Real Estate has received a request from Kamal Uddin, 3406 12th Avenue, Brooklyn, New York 11218 to purchase 137 Kingsley Street and 535 East Utica Street. Mr. Uddin would like to purchase the lots for additional yard space. Mr. Uddin has indicated that his two sons, whom reside locally, will be maintaining the properties on his behalf. 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 of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Seventy Cents ($.70) per square foot. Mr. Uddin has agreed and is prepared to pay Fifty-Seven Cents ($.57) per square foot for a total of Two Thousand One Hundred Dollars ($2,100) for 137 Kingsley and Fifty Cents ($.50) per square foot for a total of Two Thousand Five Hundred Dollars ($2,500) for 535 East Utica. He has also agreed to pay for the cost of the transfer tax and recording fees. October 8, 2015 Report of Sale 137 Kingsley 535 East Utica I am recommending that Your Honorable Body approve the sale of 137 Kingsley St for the amount of Two Thousand One Hundred Dollars ($2,.100) and 535 East Utica for the amount of Two Thousand Five Hundred Dollars ($2,500.00) to Kamal Uddin. 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,F EAL ESTATE OFFICE OF ST ATEGIC PLANNING I CRN:edr EFE T � THE CO�AAAI TTEE ON CO U-NiTY DEVELOPMENT. I i i 0 -2 #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 147 Loepere—Vacant Lot 337' S Sycamore Lot Size: 30' x 108' Assessed Value: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Shahid Khan, 143 Loepere, Buffalo, New York 14212 to purchase 147 Loepere Mr. Khan would like to purchase the lot adjacent to his home for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($.75) per square foot. Mr. Khan has agreed and is prepared to pay Forty Six Cents ($.46) per square foot for the parcel for a total of One Thousand Five Hundred Dollars ($1,500) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. j I am recommending that Your Honorable Body approve the sale of 147 Loepere for the I amount of One Thousand Five Hundred Dollars ($1,500) to Mr. Khan. 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF TEGIC PLANNING CRN:jc Report of Sale— 147 Loepere (Fill) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated October 8, 2015, be received and filed; That the offer from Shahid Khan of 143 Loepere, Buffalo, New York 14212, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 147 Loepere 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 3 t J C:\UsemVU insld\AppData\Local\MicrosoR\Windows\Temporary Intemet Fdes\Content.Omlook\OX32QVW6U2eport of Sale-147 Loepere.docx C * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK * * * PRIDGEN 3 RIVERA SCANLON WINGO WYATT ------------- [MAJ - 5 ] * � [2/3 - 61 [ 3/4 - 7 ] i } i #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 517 Monroe -Vacant Lot 176' N Sycamore Lot Size: 25' x 109' Assessed Value: $1,300 (Ellicott District) Report of Sale 519 Monroe —Vacant Lot 201' N Sycamore Lot Size: 25' x 109' Assessed Value: $1,300 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from I Deborah Hunt, 511 Monroe, Buffalo, New York 14211 to purchase 517 and 519 i Monroe. Ms. Hunt would like to purchase the lots adjacent to her home for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($.75) per square foot. Ms. Hunt has agreed and is prepared to pay Forty Eight Cents ($.48) per square foot for both parcels for a total of Two Thousand Six Hundred Dollars ($2,600) for the above referenced properties. She has also agreed to pay for the cost of the transfer tax and recording fees. l I October 8, 2015 Report of Sale 517 & 519 Monroe am recommending that Your Honorable Body approve the sale of 517 and 519 Monroe for the amount of Two Thousand Six Hundred Dollars ($2,600) to Ms. Hunt. 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. CHRISTIE R. NELSON DIRECTOR.,QF EAL ESTATE OFFICE F STRATEGIC PLANNING STRATEGIC CR c I a REFERRED T TKI $ � ��°TEE N C rAMUNITY DEVELOPMENT. i 1 1 l #2 (Rev. 1/93) Multiple Page Communication to.the Common Council TO: THE COMMON COUNCIL DATE: October 8, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 545 Monroe—Vacant Lot 291' S Brown Lot Size: 25' x 109' Assessed Value: $1,300 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Devon M. Lawrence and Alphonso Payne Jr., 547 Monroe, Buffalo, N.Y., 14211 to purchase 545 Monroe. Ms. Lawrence and Mr. Payne would like to purchase the lot adjacent to their home for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. ' There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($.75) per square foot. Ms. Lawrence and Mr. Payne have agreed and are prepared to pay One Thousand Two Hundred Dollars ($1,200) or Forty-Four Cents ($.44) per square foot for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. 3 I am recommending that Your Honorable Body approve the sale of 545 Monroe for the amount of One Thousand Two Hundred Dollars ($1,200) to Ms. Lawrence and Mr. Payne. 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. ° CHRISTI NELSON DIRE OR F REAL ESTATE REFERRED TO THF. COMMnI TEE OFF E OF TRATEGIC PLANNING ON COQ IMUNITY EVELO E 7To C N:jdc I, ,l 0 €y r•rl SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 8, 2015 FROM : DEPARTMENT: Strategic Planning DIVISION: Planning SUBJECT: Request to Review Public Draft Unified Development Ordinance PRIOR COUNCIL REFERENCE: 5/11/10 (No. 87), 7/22/14 (No. 5) TEXT: (TYPE SINGLE SPACE BELOW) The Buffalo Green Code will be submitted to your honorable body on October 22, 2015, for the October 27, 2015 Common Council meeting. This item is intended to provide advance information related to the upcoming submission. The Green Code translates the Comprehensive Plan's guiding principles into a Land Use Plan that will guide the city's physical development over the next 20 years. The Land Use Plan is further informed by specific plans for the waterfront (Local Waterfront Revitalization Plan) and brownfield areas (Brownfield Opportunity Areas). The culmination of the Green Code is an update of the city's 62-year old zoning code with a 1 new form-based code that will implement these plans. The Green Code also reforms the city's outdated set of Urban Renewal Plans (URPs) by incorporating their-relevant provisions into the new code and creating one citywide URP for the city's Homestead Program. j The Green Code components include: Land Use Plan - translates the Comprehensive Plan's principles into a Land Use Plan that will guide the city's physical development over the next 20 years. Brownfield Opportunity Areas (BOAs) - specific plans based on detailed analyses for brownfield areas in South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor BOAs. Local Waterfront Revitalization Plan (LWRP) - includes land and water use plans, as well as proposed projects, which will "guide development along the City's coastal areas. Unified Development Ordinance (UDO) — provides new form based zoning, subdivision, sign, and public realm standards that will replace the city's 60-year old zoning code and other regulations that control development. Urban Renewal Plans (URPs) — Most of the city's existing URPs will be terminated, with relevant provisions to be incorporated into the UDO. A new citywide URP will be prepared that will delineate eligible areas for the city's homestead program. Draft Generic Environmental Impact Statement(DGEIS) - The cumulative environmental impact of adopting the Buffalo Green Code, including all of its components, is being evaluated under one Generic Environmental Impact Statement in accordance with the State Environmental Quality Review Act (SEQRA). The SEQRA process will include a formal public review period, providing community members the opportunity to submit official comments regarding the environmental impacts of the Green Code. The submission to Common Council will include items requesting the following: Accept as complete the Draft Generic Environmental Impact Statement for the Buffalo Consolidated Development Framework; Adoption into law of the Unified Development Ordinance; • Repeal of Chapter 511 (Zoning) and other related sections of the Buffalo City Code; • Adoption of the Land Use Plan; • Accept as complete the Local Waterfront Revitalization Plan and submit to the Department of State; • Accept as complete the Brownfield Opportunity Area program — Buffalo Harbor, Buffalo River Corridor, and Tonawanda Street Corridor BOAs; • Accept as complete the Brownfield Opportunity Area program — South Buffalo BOA; and • Adopt the Homestead Plan. The Buffalo Green Code adoption process will include the following steps: • Submission of Green Code documents to the Common Council on October 22, I 2015 for the October 27, 2015 Common Council meeting. • Upon the Common Council acceptance of the DGEIS as complete, the public j comment period under SEQRA will officially commence. By law, the public j comment period must be at least 30 days, but the Mayor's Office of Strategic Planning is recommending a 90-day public comment period. • Upon the Common Council acceptance of the LWRP as complete, it will be submitted to the New York State Department of State for acceptance and to commence the required 60-day public comment period. • The Common Council may, but is not legally mandated to hold public hearing(s) regarding the DGEIS. • The Common Council is required to hold a public hearing regarding any new, or amendment to any, city law or ordinance, wh.ich means that a public hearing will be required for the UDO. • After the public comment periods expire, the Office of Strategic Planning will work with the Common Council to review all comments, make necessary changes to the Green Code documents, and respond to all comments as appropriate. • Once the necessary changes to all the Green Code documents are complete, they will be submitted to the Common Council, along with the Final GEIS and related Findings Statement. • Upon adoption by the Common Council of the Final GEIS and Findings Statement, the Council will then be able to adopt the Buffalo Green Code documents. A more detailed outline of the process will be submitted on October 22, 2015 along with the actual Green Code documents. This filing is intended for discussion purposes only. REFERRED TO THE COMMITTEE ON C0MUNiTY DEVELOPMENT. DEPARTMENT HEAD NAME: Brendan R. Mehaffy Executive Director, Office of Strategic Planning JSIGNATURE OF DEPARTMENT HEAD: i #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 6, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit 89 Fifteenth (Ellicott District) PRIOR COUNCIL REFERENCE: Item No. 5, C.C.P. 11/27/2012 In the above referenced item Your Honorable Body approved the sale of 89 Fifteen Street to Kazi Shajeda Rouf of 34-36 34th Street, Apt. 3R, Astoria, New York in the amount of$4,400.00. Kazi Shajeda Rouf was advised on March 19, 2013, May 13, 2013 and June 19, 2013 to contact this office in order to schedule the closing for the transfer title of 89 Fifteenth Street. In June of 2013 she was given an extension in order to close on the subject property. In February 2015 Kazi Shajeda Rouf was given a final notice to close on the purchase of 89 Fifteenth or the sale would be rescinded her deposit of$440.00 would be forfeited. Ms. Kzai Shajeda Rouf made no attempt to close on the purchase of 89 a Fifteenth Street. As a result, the Office of Strategic Planning, Division of Real Estate is recommending that Your Honorable Body approve to rescind the sale of 89 Fifteenth Street, Kazi Shajeda Rouf forfeit her deposit of$440.00 and the return the property to our inventory for future sale CHRISTI� . NELSON DIRECTOR OF RE,$L ESTATE OFFI OF S RA EGI PLANNING CRN: 89 Fifteenth Rescind Sale Forfeit Deposit Item to.Council i I I � _ Rescind Sale and Forfeit Deposit—89 Fifteenth(Ell)(Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 6, 2015, be received and filed; and That the Office of Strategic Planning, Division of Real Estate, be, and hereby is authorized to rescind the sale of 89 Fifteenth to Kazi Shajeda Rouf of 34-36 34th Street, Apt. 3R, Astoria,New York, and the deposit of Four Hundred Forty Dollars ($440.00) down payment is forfeited, and that the property be returned to inventory for future sale. PASSED i C:\Users\lmcinslaUppData\Local\Ncmo R\Windows\Temporary Intemet Files\ContenLOullook\OX32QV W6\Rescind Sale and Forfeit Deposit-89 FifteentlLdocz i * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK ' PRIDGEN 3 RIVERA SCANLON WINGO WYATT ------------- [MAJ - 5 ] 1 * 1 * * [ 2/3 - 6 ] * I [ 3/4 - 7 ] i i I -I FROM THE COMPTROLLER 3 1 i i Oct 13,2015 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: September 30,2015 FROM: The Department of Audit&Control SUBJECT: City of Buffalo Investment Policy On February 4, 2014,the Common Council adopted the current City of Buffalo Investment Policy. New York State General Municipal Law allows for more affordable options for meeting collateral requirements than are included in our current investment policy. In order to take advantage of these cost-cutting options, we hereby submit the attached amended version of the City of Buffalo Investment Policy for adoption by Your Honorable Body. Section I — SECURING DEPOSITS AND INVESTMENTS of the City of Buffalo Investment Policy will be amended to read as follows (new language in italics): All deposits and investments at a bank or trust company, including all demand deposits, certificates of deposits and special time deposits that are in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by: 1. A pledge of"eligible securities"with an aggregate"market value"(as provided by the GML Section 10)that is at least equal to the aggregate amount of deposits by the officers. The following is a listing of eligible securities: (a) Obligations issued or fully insured or guaranteed as to the payment of principal and interest,by the United States of America, an agency thereof or a United States government sponsored corporation. Margin% 102. (b) Obligations issued or fully insured or guaranteed by New York State, obligations issued by a municipal corporation, school district or District Corporation of New York State or obligations or obligations of any public benefit corporation which under a specific state statue may be accepted as security for deposit of public moneys. Margin %102. 2. An "irrevocable letter of credit" issued in favor of the City of Buffalo for a term not to exceed ninety days by a bank (other than the bank with which the money is being deposited or invested) by a Federal Home Loan Bank of New Yore. whose commercial paper and other unsecured short-term debt obligations are rated in one of the three the highest rating categories eategof3 by at least one nationally recognized statistical rating organization, as security for the payment of 100 percent of the aggregate amount of deposits and the agreed-upon interest, if any.Marg. of 100 If you have any questions about this policy,please feel free to contact my office. OC: TO THE DEPARTMENT HEAD: Mark J.F. Schrmbf ERRED ITTEE ON FINANCE. ( TITLE: Comptroller I SIGNATURE: �3 MARK J.F. SCHROEDER COMPTROLLER -r> 4 CITY OF BUFFALO INVESTMENT POLICY j r ANNE FORTI-SCIARRINO FIRST DEPUTY COMPTROLLER GREGG SZYMANSKI INVESTMENT & DEBT OFFICER 2015 INVESTMENT POLICY OF THE CITY OF BUFFALO I. SCOPE This investment policy applies to all moneys and other financial resources available for deposit and investment by the City of Buffalo on its own behalf or on the behalf of any other entity or individual. II. OBJECTIVES The primary objectives of the City of Buffalo's investment activities are, in priority order: o To conform to all applicable Federal, State and other legal requirements. o To adequately safeguard principal. o To provide sufficient liquidity to meet all operating requirements. o To obtain reasonable rate of return. III. DELEGATION OF AUTHORITY The Comptroller as Chief Fiscal Officer for the City of Buffalo is empowered by City Charter Section 7-13 with the responsibility of investing funds not immediately required on behalf of the City. In addition under City Charter Section 7-21 the Investment and Debt Management Officer, under the supervision of the Comptroller, shall too be authorized to invest funds not immediately required on behalf of the City. IV. PRUDENCE i All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the City of Buffalo to govern effectively. The standard of prudence to be used by investment officials shall be the"prudent person" standard and shall be applied in the context of managing an overall portfolio. The"prudent person"standard states that"Investments shall be made with judgment and care,under circumstances then prevailing,which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investments will be purchased through a competitive or negotiated process. i All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DIVERSIFICATION It is the policy of the City of Buffalo to diversify its deposits and investments,when appropriate and advantageous,by financial institution, by investment instrument, and by maturity scheduling. VI. INTERNAL CONTROLS It is the policy for all moneys collected by any officer or employee of the City of Buffalo to deposit those funds with the City Treasury daily unless an agreement exists that specifies otherwise. The Comptroller and Investment and Debt Management Officer are responsible for establishing and maintaining internal control procedures to provide reasonable,but not absolute,assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization,properly recorded, and managed in compliance with applicable laws and regulations. VII. DESIGNATION OF DEPOSITORIES The City will maintain deposits in multiple banks and trust companies,which are required to be located and authorized to do business in New York State. The maximum amount which can be kept on deposit at any time will be determined by the Comptroller or the Investment and Debt Officer,under the Comptrollers supervision who will consider the bank or trust company size and their ability to collateralize the deposits in excess of FDIC insurance. VIII. SECURING DEPOSITS AND INVESTMENTS 3 All deposits and investments at a bank or trust company, including all demand deposits, certificates of deposits and special time deposits that are in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by: 1. A pledge of"eligible securities"with an aggregate"market value"(as provided by the GML Section 10)that is at least equal to the aggregate amount of deposits by the officers. The following is a listing of eligible securities: (a) Obligations issued or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States government sponsored corporation. Margin% 102. f I 16119 (b) Obligations issued or fully insured or guaranteed by New York State, obligations issued by a municipal corporation, school district or District Corporation of New York State or obligations or obligations of any public benefit corporation which under a specific state statue may be accepted as security for deposit of public moneys. Margin% 102. 2. An "irrevocable letter,of credit" issued in favor of the City of Buffalo for a term not to exceed ninety days by a bank (other than the bank with which the money is being deposited or invested) whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization, as security for the payment of 100 percent of the aggregate amount of deposits and the agreed-upon interest,if any. IX. COLLATERALIZATION AND SAFEKEEPING Eligible securities used for collateralizing deposits shall be held by the depositary and or a third party bank or trust company subject to security and custodial agreements. The Investment and Debt Management Officer of the City of Buffalo shall monitor the collateral no less frequently than monthly. The security agreement shall provide that eligible securities are being pledged to secure such deposits together with agreed-upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon a default.It shall also provide the conditions under which the securities may be sold,presented for payment, substituted or released and the events which will enable the City of Buffalo to exercise its rights against the pledged securities. In the event that the pledged securities are not registered or inscribed in the name of the City of Buffalo, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the City of Buffalo or the custodial bank or trust company. Whenever eligible securities delivered to the custodial bank or trust company are transferred by entries on the books of a federal reserve bank or other book-entry system operated by a federally regulated entity without physical delivery of the evidence of the obligations,then the records of the custodial bank or trust company shall be required to show, at all times,the interest of the government in the securities as set forth in the security agreement. 3 The custodial agreement shall provide that pledged securities held by the bank or trust company as agent of,and custodian for,the City of Buffalo will be kept separate and apart from the general i assets of the custodial bank or trust company and will not be commingled with or become part of the backing of any other deposit or other bank liability. The agreement shall also describe how the custodian shall confirm the receipt, substitution, or release of the collateral and it shall provide for the frequency of revaluation of collateral by the custodial bank or trust company and for the substitution of collateral when a change in the rating of a security causes ineligibility. The security and custodial agreements shall also include all other provisions necessary to provide the City of Buffalo with a perfected security interest in the eligible securities and to otherwise secure interest in the collateral,and may contain other provisions that the City deems necessary. X. PERMITTED INVESTMENTS As.provided by General Municipal Law Section 11,the Comptroller and the Investment and Debt Officer,under the Comptroller's supervision,are authorized respectively by City Charter Sections 7-13 and 7-21 to invest moneys not required for immediate expenditure in the following types of investments: • Special time deposit accounts in, or certificates of deposit issued by, a bank or trust company located and authorized to do business in the State of New York not to exceed 4 months. • Obligations of the United States of America not to exceed 2 years. • Obligations guaranteed by agencies of the United States of America,where the payment of principal and interest are guaranteed by the United States of America not to exceed 2 years. • Obligations of the State of New York not to exceed 2 years. • With the approval of the State Comptroller, obligations issued pursuant to Local Finance Law Section 24.00 or 25.00(i.e.,Tax Anticipation Notes and Revenue Anticipation Notes)by any municipality, school district or district corporation in the State of New York other than the City of Buffalo not to exceed 2 years. • Obligations of the City of Buffalo,but only with moneys in a reserve fund established pursuant to General Municipal Law Section 6-c, 6-d, 6-e, 64, 6-g, 6-h, 6 j, 6-k, 6-1, 6-m, or 6- n. • Certificates of deposit obtained by a bank or trust company located and authorized to do business in the State of New York that contractually agrees to place the funds in federally insured depository institutions through the Certificate of Deposit Account Registry Service (CDARS)not to exceed 4 months. • Special time deposit accounts in a bank or trust company located and authorized to do business in the State of New York that contractually agrees to place the funds in federally insured depository institutions through the Insured Cash Sweep service(ICS). 3 a All investment obligations shall be payable or redeemable at the option of the City of Buffalo within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable in any event at the option of the City of Buffalo within two years of the date of purchase. Time deposit accounts and certificates of deposit shall be payable within such times as the proceeds will be needed to meet expenditures for which the moneys were obtained,and shall be secured as provided in Sections VIII and IX herein. i Except as may otherwise be provided in a contract with bondholders or note holders, any moneys of the City of Buffalo authorized to be invested may be commingled for investment purposes, provided that any investment of commingled moneys shall be payable or redeemable at the option of the City of Buffalo within such time as the proceeds shall be needed to meet expenditures for which such moneys were obtained, or as otherwise specifically provided in General Municipal Law Section 11.The separate identity of the sources of these funds shall be maintained at all times and income received shall be credited on a pro rata basis to the fund or account from which the moneys were invested. Any obligation that provides for the adjustment of its interest rate on set dates is deemed to be payable or redeemable on the date on which the principal amount can be recovered through demand by the holder. XI. AUTHORIZED FINANCIAL INSTITUTION AND DEALERS All financial institutions and dealers with which the City of Buffalo transacts business shall be credit worthy and capable and qualified to transact business with the City of Buffalo. The Comptroller or the Investment and Debt Officer, under the Comptrollers supervision shall evaluate annually the credit worthiness of financial institutions utilized by the City of Buffalo. Recent Reports of Condition and Income(call reports)shall be obtained for proposed banks, and security dealers that are not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. XII. PURCHASE OF INVESTMENTS The Comptroller and the Investment and Debt Officer,under the Comptrollers supervision, are authorized to contract for the purchase of investments: 1. Directly, from an authorized trading partner 2. By participation in a cooperative investment agreement with other authorized municipal corporations pursuant to Article 5-G of the General Municipal Law and in accordance with Article 3-A of the General Municipal Law. All purchased obligations,unless registered or inscribed in the name of the City of Buffalo, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold, or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment.All such transactions shall be confirmed in writing to the City of Buffalo by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law Section 10(3)(a).The agreement shall provide that securities held by the bank or trust company,as agent of, and custodian for,the City of Buffalo will be kept separate and apart from the general assets of the custodial bank or trust company and will not be commingled with or become part of the backing of any other deposit or other bank liability. The agreement shall also describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to secure the local government's perfected interest in the securities. XIH. REPURCHASE AGREEMENTS Repurchase Agreements(REPOS) is an agreement with a approved broker/dealer that provides for the sell and simultaneous purchase of an allowable collateral security. The difference in the sales and purchase price is the earning rate of the agreement. REPOS are complex transactions that can expose the City to serious risks. When determining if the use of REPOS is appropriate,the Comptroller and the Investment and Debt Officer,under the Comptrollers supervision must evaluate whether the City has the resources to negotiate and monitor these complex agreements. Legal counsel should review all REPO documents and they should comply with the following: •Trading partners should be limited to creditworthy banks or trust companies located and authorized to do business in New York State or to registered primary dealers. •Unless the obligations that are purchased pursuant to the REPO are registered or inscribed in the name of the local government, obligations must be purchased through,delivered to and held in the custody of a bank or trust company located and authorized to do business in New York State. • The City of Buffalo must enter into a master REPO,outlining basic responsibilities and liabilities of the buyer and seller,and a written agreement with the custodial bank or trust company, outlining the basic responsibilities and liabilities of the buyer, seller, and custodian. • The custodial agreement should provide that the custodian takes possession and maintains custody of the obligations exclusively for the local government,that the obligations are free of any claims against the trading partner, and that any claims by the custodian are subordinate to the local government's claims or rights to those obligations. •The obligations must be credited to the local government on the records of the custodial bank or trust company, and the transaction must be confirmed in writing to the City of Buffalo by the custodial bank or trust company. •The obligations purchased by the local government may only be sold or presented for redemption or payment by the City of Buffalo's custodian upon written instructions of the Comptroller or Investment and Debt Officer of the City of Buffalo. • The City of Buffalo must obtain a perfected security interest in the obligation. •Agreements should be for short periods of time(no more than 30 days). • The City of Buffalo should determine whether to include margin requirements. •No substitution of obligations is permitted. •Payment for the purchased obligations should not be made by the custodial bank or trust company until the obligations are actually received. XIV. PERFORMANCE STANDARDS The City's cash management portfolio shall be designed with the objective of regularly meeting or exceeding the average return on three-month U.S. Treasury bills. This benchmark is for lower i i I risk investment transactions and therefore comprises a minimum standard for the portfolio's rate of return. i i 3 i FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS i i 1 Oct 13,2015 I { `v #4(Rev 7-07) (9y 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: 10/12/2015 in the Department of Division of M I S to the Position of System Support Specialist Permanent, Provisional,Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary):Starting Salary of $ 59,645 LAST JOB TITLE 0985 NAME Mark Colern LAST DEPARTMENT MIS DATE ADDRESS 41 Oakhurst Avenue LAST SALARY $58628 CITY&ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX-XX- 6995 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 10871001 TITLE CODE NO 0983 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2015-070 SALARY RANGE OF POSITION 57302 - 66683 PER YEAR DAY HOUR YEAR REASON FOR APPT.ABOVE THE MINIMUM: Vacancy. I i NAME OF APPOINTING AUTHORITY: Kenneth M. Barnes TITLE OF APPOINTING AUTHORITY: Chief Information Officer DATE: SIGNATURE OF APPOINTING AUTHORITY: �lztclgll ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) 3 lY FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS I 3 Z i f S 1 I d Oct 13,2015 020, 2 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 7,2015 FROM: DEPARTMENT: Public Works,Parks,and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10905 [: Install Alternate Parking - Type 2K [: Seabrook Street [: from Doyle Avenue [: to Roesch Avenue [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) NO PARKING(ALTERNATE -TYPE 2K) - 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 Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Seabrook Street Doyle Avenue to northeast No Parking 6pm Monday to 6pm Thursday Roesch Avenue southwest No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking on a street previously unrestricted. This parking follows the same principals as Alternate Type I parking which has been in effect since the late 1970's. SJS/MJF/EDS/RWS Cc:Kevin Helfer; Henry Jackson TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 1 (10905.dm) I l #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 7,2015 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10906 [: Repeal Alternate Parking-Type II [: Mumford Street [: between Cumberland Avenue [: and South Legion Drive [: (South District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx,C.C.P.xx/xx/xx) NO PARKING(ALTERNATE-TYPE II) -REPEAL 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 Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Mumford Street,southeast side 9:00 a.m.-4:00 p.m. between Cumberland Avenue Thursday,Friday and South Legion Drive Mumford Street,northwest side 9:00 a.m.-4:00 p.m. between Cumberland Avenue Monday,Tuesday,Wednesday and South Legion Drive i SJS/MJF/EDS/RWS Cc:Kevin Helfer; Henry Jackson TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer j SIGNATURE OF DEPARTMENT HEAD: 11 (I0906AM) I i Y #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL �(y TO: THE COMMON COUNCIL DATE: October 7,2015 FROM: DEPARTMENT: Public Works,Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial#10907 [: Install Alternate Parking-Type II K [: Mumford Street [: between Cumberland Avenue [: and South Legion Drive [: (South District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No.xxx.C.C.P.xx/xx/xx) NO PARKING(ALTERNATE-TYPE II K) -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 Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Mumford Street,northwest side 6:00 p.m.Monday to between Cumberland Avenue 6:00 p.m.Thursday and South Legion Drive Mumford Street,southeast side 6:00 p.m.Thursday to between Cumberland Avenue 6:00 p.m.Monday and South Legion Drive 7 SJS/MJF/EDS/RWS Cc:Kevin Helfer; Henry Jackson RECEIVED AND FILED TYPE DEPARTMENT HEAD NAME: Michael J.Finn,P.E. TYPE TITLE: City Engineer I SIGNATURE OF DEPARTMENT HEAD: (I0907.dm) I� I I #1 (Rev. 1/93) s_ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 10/3/15 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks &Streets DIVISION: Buildings SUBJECT: [: Account Correction [: Contract#93001558 [: West Side Community Center [: Roof Renovations, Mechanical &Electrical Construction [: Job #1432 [: Grove Roofing PRIOR COUNCIL REFERENCE(If Any) [: #1632 of 9/1/15 TEXT: I hereby submit to Your Honorable Body the following change to the above referenced contract. This change order is for the contract allowance of the removal and replacement of the solar panels that is required for this project. The foregoing change results in a net increase in the contract of Fifteen Thousand Dollars and 00/100 g g g ($15,000). Summary: Previous Amount Approved $235,330.00 Amount of this Change Order +$ 15,000.00 Total Approved Amount to Date $250,330.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in Account#38324406-445100. SJS/RSBS/jlj RECOMMENDED Rishawn T. Sonubi,Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Wos�Park "and S .eels ~ SIGNATURE OF DEPARTMENT HEAD: : ✓` . ' ,f Change in Contract—Account Correction—West Side Community Center Roof Renovations, Mechanical and Electrical Construction (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated October 3, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $15,000.00 (Original Contract Amount $235,330.00 + Change Order $15,000.00 for a Revised Contract Amount of$250,330.00) for the West Side Community Center Roof Renovations, Mechanical and Electrical Construction, to Grove Roofing. The funds for this work are available in Account #38324406-445100. PASSED f C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OX32QV W6\Change in Contract-Acct corr-W Side Comm Ctr.docx I 000 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN * * * RIVERA SCANLON WINGO WYATT ------------- 3 [MAJ — 5 ] (� ' [2/3 — 6 ] [ 3/4 — 7 ] i i e i AFS £, tt $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL l4� TO: Common Council DATE: October 7,2015 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: C&S Engineers [: 89 Lasalle Development Inspection Services [: Contract#93001536 PRIOR COUNCIL REFERENCE: (IF ANY) [: None I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to continue inspection services on the public improvements related to the development of 89 LaSalle. The developer of 89 LaSalle is paying the cost of the inspection services and has already provided the funds necessary to increase the contract. Existing Contract Amount $24,850.00 Increase in Contract $10,000.00 Total Contract to Date $34,850.00 Funds are available in General Fund Account# 13112006-480000 and/or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works,Parks& Streets to issue said change order to C&S Engineers. SJS:MJF:SMB:kem Recommended: Michael J.Finn,P.E.,City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissi ;6r' f Publ' orks,Parks&Streets SIGNATURE OF DEPARTMENT HEAD: i i 1 Change in Contract—89 LaSalle Development Inspection Services (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated October 7, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $10,000.00 (Original Contract Amount $24,850.00 + Change Order $10,000.00 for a Revised Contract Amount of$34,850.00) for the continuance of inspection services on the public improvements related to the development of 89 LaSalle, to C&S Engineers, Contract#93001536. The funds are available in General Fund Account #13112006-480000 and/or another account to be named at a future date. PASSED C:\Users\Imcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Change in Contract-89 LaSalle.docx �� 1� i * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK i PRIDGEN * * * RIVERA SCANLON WINGO WYATT [-------------] [MAJ- 5 ] [2/3 - 61 [ 3/4 - 7 ] I { /tl9 B. The Non-Federal Sponsor shall contribute 35 percent of total project costs assigned by the Government to hurricane and storm damage reduction in accordance with the provisions of this paragraph. 1. In accordance with Article III of this Agreement,the Non-Federal Sponsor shall provide all lands, easements,and rights-of-way, including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations, and shall construct improvements required on lands,easements, and rights-of-way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction, operation, and maintenance of the Project. 2. The Non-Federal Sponsor shall provide funds in accordance with Article VI.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's required share of total project costs if the Government projects at any time that the collective value of the following contributions will be less than such required share: (a)the value of the Non-Federal Sponsor's contributions under paragraph C.1. of this Article as determined in accordance with Article IV of this Agreement; and(b)the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. 3. The Government, subject to the availability of funds and as limited by the Section 103 Project Limit and the Section 103 Annual Program Limit, shall refund or reimburse to the Non- Federal Sponsor any contributions in excess of the Non-Federal Sponsor's required share of total project costs if the Government determines at any time that the collective value of the following contributions has exceeded such required share of total project costs: (a)the value of the Non- Federal Sponsor's contributions under paragraph C.1. of this Article as determined in accordance with Article IV of this Agreement; (b)the value of the Non-Federal Sponsor's contributions under paragraph C.2. of this Article; and(c)the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. After such a determination,the Government,in its sole discretion,may acquire any remaining lands,easements, and rights-of-way required for the Project,perform any remaining relocations necessary for the Project, or construct any remaining improvements required on lands,easements, and rights-of-way to enable the disposal 3 of dredged or excavated material required for the Project on behalf of the Non-Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights-of-way, performance of relocations, or construction of improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material by the Government under this paragraph,the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. C. Notwithstanding any other provision of this Agreement, Federal financial participation in the Project is limited by the following provisions of this paragraph. i 1 1. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVIIof this Agreement that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIII.B. of this Agreement. 2. In accordance with Section 3 of Public Law 79-727, as amended(33 U.S.C. 426g),the Government's total financial obligations for planning, design, and construction of the Project(except for costs incurred on behalf of the Non-Federal Sponsor in accordance with paragraph I. of this Article) shall not exceed the Section 103 Project Limit. Notwithstanding any other provision of this Agreement,the Non-Federal Sponsor shall be responsible for all costs in excess of this limit and shall pay any such costs in accordance with Article VI.B. of this Agreement. 3. If the Government determines that the total amount of Federal funds provided by Congress for all projects implemented pursuant to Section 103 has reached the Section 103 Annual Program Limit, and the Government projects that the Federal funds the Government will make available to the Project within the Section 103 Annual Program Limit will not be sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVIIof this Agreement,the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project within the Section 103 Annual Program Limit, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIII.B. of this Agreement. D. When the District Engineer determines that the entire Project, or a functional portion of the Project, is complete, the District Engineer shall so notify the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor with a final Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire Project or such _ completed portion. Upon such notification, the Government also shall furnish to the Non- Federal Sponsor a copy of all final as-built drawings for the entire Project or such completed portion if such drawings are available. Not later than 6 months after such notification by the Government that the entire Project is complete, the Government shall furnish the Non-Federal Sponsor with the final OMRR&R Manual and all final as-built drawings for the entire Project. j In the event the final OMRR&R Manual or all final as-built drawings for the entire Project cannot be completed within the 6 month period,the Government shall provide written notice to i the Non-Federal Sponsor, and the Government and the Non-Federal Sponsor shall negotiate an acceptable completion date for furnishing such documents. Further, after completion of all contracts for the Project, copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project that have not been provided previously shall be provided to the Non-Federal Sponsor. E. Upon notification from the District Engineer in accordance with paragraph E. of this Article,the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the entire Project, or the functional portion of the Project as the case may be, in accordance with Article VIII of this Agreement. F. Upon conclusion of the period of design and construction,the Government shall conduct an accounting, in accordance with Article VI.C. of this Agreement,and furnish the results to the Non-Federal Sponsor. G. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the funds verifies in writing that such funds are authorized to carry out the Project. H. The Non-Federal Sponsor may request the Government to perform or provide, on behalf of the Non-Federal Sponsor, one or more of the services (hereinafter the "additional work") described in this paragraph. Such requests shall be in writing and shall describe the additional work requested to be performed or provided. If in its sole discretion the Government elects to perform or provide the requested additional work or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non-Federal Sponsor shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article VI.D. of this Agreement. 1. Acquisition of lands, easements, and rights-of-way;performance of relocations; or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material for the Project. Notwithstanding acquisition of lands, easements, and rights-of-way, performance of relocations, or construction of improvements by the Government,the Non-Federal Sponsor shall be responsible, as between the 1 Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 2. Inclusion of betterments in the design or construction of the Project. In the event the Government elects to include any such betterments,the Government shall allocate the costs of the Project features that include betterments between total project costs and the costs of i the betterments. i I. Not less than once each year the Non-Federal Sponsor shall inform affected interests of the extent of protection afforded by the Project. I J. The Non-Federal Sponsor agrees to participate in and comply with applicable Federal floodplain management and flood insurance programs. K. The Non-Federal Sponsor shall comply with Section 402 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 70lb-12), which requires a non- Federal interest to prepare a floodplain management plan within one year after the date of signing this Agreement, and to implement such plan not later than one year after completion of construction of the Project. The plan shall be designed to reduce the impacts of future flood events in the project area, including but not limited to, addressing those measures to be undertaken by non-Federal interests to preserve the level of flood protection provided by the Project. The Non-Federal Sponsor shall provide an information copy of the plan to the Government upon its preparation. L. The Non-Federal Sponsor shall publicize floodplain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their use in adopting regulations, or taking other actions,to prevent unwise future development and to ensure compatibility with protection levels provided by the Project. M. The Non-Federal Sponsor shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) such as any new developments on Project lands, easements, and rights-of-way or the addition of facilities which might reduce the level of protection the Project affords,hinder operation and maintenance of the Project, or interfere with the Project's proper function. N. For so long as the Project remains authorized, the Non-Federal Sponsor shall ensure conditions of public ownership and public use of the shores upon which the amount of Federal participation is based. ARTICLE III - LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH PUBLIC LAW 91-646, AS AMENDED A. The Government, after consultation with the Non-Federal Sponsor, shall determine the lands,easements, and rights-of-way required for construction, operation, and maintenance of the Project,including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of the lands, easements, and rights-of-way that the Government determines the Non-Federal Sponsor must provide,in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with acquisition of such lands, easements, and rights-of-way. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way the Government determines the Non-Federal Sponsor must provide for that work and shall provide the Government with authorization for entry thereto. l { Furthermore,prior to the end of the period of design and construction, the Non-Federal Sponsor shall acquire all lands, easements,and rights-of-way required for construction, operation, and maintenance of the Project, as set forth in such descriptions, and shall provide the Government with authorization for entry thereto. The Non-Federal Sponsor shall ensure that lands,easements, and rights-of-way that the Government determines to be required for the Project and that were provided by the Non-Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor, shall determine the relocations necessary for construction, operation, and maintenance of the Project, including those necessary to enable the borrowing of material or the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions,including maps as appropriate, of such relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non- Federal Sponsor with a written notice to proceed with such relocations. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that work. Furthermore,prior to the end of the period of design and construction,the Non-Federal Sponsor shall perform or ensure performance of all relocations as set forth in such descriptions. C. The Government, after consultation with the Non-Federal Sponsor, shall determine the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material associated with construction, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to,retaining dikes,wasteweirs, bulkheads, embankments,monitoring features, stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions,including maps as appropriate, of such improvements in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non- Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the 3 Government's own forces,the Non-Federal Sponsor shall prepare plans and specifications for all improvements the Government determines to be required for the disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. Furthermore,prior to the end of the period of design and construction,the Non-Federal Sponsor shall provide all improvements set forth in such descriptions. D. The Non-Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition.Policies Act of 1970,Public Law 91-646, as amended(42 U.S.C. 4601-4655), and the Uniform Regulations contained in 49 C.F.R. Part 24,in acquiring lands,easements, and rights-of-way required for construction, operation, and maintenance of the Project,including those required for relocations,the borrowing of material, or the disposal of i dredged or excavated material, and shall inform all affected persons of applicable benefits,policies, and procedures in connection with said Act. ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS A. The Government shall include in total project costs and afford credit toward the Non- Federal Sponsor's share of total project costs for the value of the lands, easements, and rights-of- way that the Non-Federal Sponsor must provide pursuant to Article III.A. of this Agreement; for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance pursuant to Article III.B. of this Agreement; and for the value of the improvements required on lands, easements,and rights-of-way to enable the disposal of dredged or excavated material that the Non-Federal Sponsor must provide pursuant to Article III.C. of this Agreement. However,no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of any lands, easements,rights-of-way,relocations, or improvements required on lands,easements, and rights-of-way to enable the disposal of dredged or excavated material that have been provided previously as an item of cooperation for another Federal project. In addition,no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of lands, easements,rights-of-way, relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that were acquired or performed using Federal program funds unless the Federal agency providing the Federal portion of such funds verifies in writing that affording credit for the value of such items is authorized. B. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to Article III.A.,Article III.B., or Article III.C. of this Agreement. Upon receipt of such documents,the Government in a timely manner shall determine the value of such contributions for the purpose of including such value in total project costs and for determining the amount of credit to be afforded or reimbursement to be provided in accordance with the provisions of this Agreement. C. For the purposes of determining the value to be included in total project costs and the amount of credit to be afforded or reimbursement to be provided in accordance with this Agreement and except as otherwise provided in paragraph G. of this Article,the value of lands,easements,and rights-of-way, including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material, shall be the fair market value of the real property interests,plus certain incidental costs of acquiring those interests,as determined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands, easements, or rights-of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non-Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands, easements, or I i rights-of-way acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article,the fair market value of lands,easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph. a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide the Government with the appraisal no later than 6 months after the Non-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. The fair market value shall be the amount set forth in the Non-Federal Sponsor's appraisal,if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's appraisal,the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor's second appraisal,if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's second appraisal,the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph,the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government's appraisal,the Government,after consultation with the Non-Federal Sponsor, shall consider the Government's and the Non-Federal 3 Sponsor's appraisals and determine an amount based thereon,which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article,the Government,at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non- Federal Sponsor,may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article,but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount,the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor,but no less than the amount 3 determined pursuant to paragraph C.2.a. of this Article. 3. Eminent Domain Valuation Procedure. For lands, easements,or rights-of-way acquired by eminent domain proceedings instituted after the effective date of this Agreement,the _ Non-Federal Sponsor,prior to instituting such proceedings, shall submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings. The Government shall have 60 calendar days ` after receipt of such a notice and appraisal within which to review the appraisal, if not previously i j approved by the Government in writing. I a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on,the appraisal within such 60 day period,the Non-Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval,within such 60 day period,the Government and the Non- Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the Non-Federal Sponsor agree as to an appropriate amount,then the Non- Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation,the Government and the Non-Federal Sponsor cannot agree as to an appropriate amount,then the Non-Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands, easements, or rights-of-way acquired by eminent domain proceedings instituted in accordance with paragraph C.3. of this Article,fair market value shall be either the amount of the court award for the real property interests taken,to the extent the Government determined such interests are required for construction,operation, and maintenance of the Project,or the amount of any stipulated settlement or portion thereof that the Government approves in writing. 4. Incidental Costs. For lands, easements,or rights-of-way acquired by the Non- Federal Sponsor within a five year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement,the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. In the event the Government modifies its determination made pursuant to Article III.A. of this Agreement, the Government shall afford credit for the documented incidental costs associated with preparing to acquire the lands, easements, or rights-of-way identified in the original determination, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such incidental costs shall include,but not necessarily be limited to, j closing and title costs, appraisal costs, survey costs,attorney's fees,plat maps,mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.D. of this Agreement, and other payments by the Non-Federal Sponsor for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest in accordance with Article III of this Agreement. The _ value of the interestsprovided by the Non-Federal Sponsor in accordance with Article IIIA. of this Agreement also shall include the documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as determined by the Government, and subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. i 5. Waiver of Appraisal. Except as required by paragraph C.3. of this Article,the Government may waive the requirement for an appraisal pursuant to this paragraph if it a determines that an appraisal is unnecessary because the valuation is uncomplicated and that the estimated fair market value of the real property interest is $10,000 or less based upon a review of available data. In such event, the Government and the Non-Federal Sponsor must agree in writing to the value of such real property interest in an amount not in excess of$10,000. D. After consultation with the Non-Federal Sponsor,the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway,the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. 2. For a relocation of a highway,the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of New York would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include,but not necessarily be limited to, actual costs of performing the relocation;planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with performance of the relocation,as determined by the Government. Relocation costs shall not include any costs due to betterments, as determined by the Government,nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. j E. The value of the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material shall be the costs of the improvements,as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such costs shall include,but not necessarily be limited to, actual costs of providing the improvements; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements,but shall not include any costs due to betterments,as determined by the Government. I F..Any credit afforded or reimbursement provided under the terms of this Agreement for 1 the value of relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material,performed within the Project boundaries is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act(formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.), and the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)). Notwithstanding any other provision of this Agreement, credit or reimbursement may be withheld, in whole or in part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under these laws. G. Where the Government, on behalf of the Non-Federal Sponsor pursuant to Article 11.1.1. of this Agreement,acquires lands, easements,or rights-of-way,performs relocations,or constructs improvements required on lands, easements, or rights-of-way to enable the disposal of dredged or excavated material,the value to be included in total project costs and the amount of credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall be the costs of such work performed or provided by the Government that are paid by the Non- Federal Sponsor in accordance with Article VI.D. of this Agreement. In addition, the value to be included in total project costs and the amount of such credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall include the documented costs incurred by the Non-Federal Sponsor in accordance with the terms and conditions agreed upon in writing pursuant to Article II.I.1. of this Agreement subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. ARTICLE V -PROJECT COORDINATION TEAM A. To provide for consistent and effective communication,the Non-Federal Sponsor and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Project Coordination Team. Thereafter,the Project Coordination Team shall,meet regularly until the end of the period of design and construction. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Project Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Project Coordination Team informed of the progress of design and construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. C. Until the end of the period of design and construction,the Project Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation;plans and specifications; scheduling;real property and relocation requirements;real property acquisition; contract awards and modifications; contract costs;the application of and compliance with 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act(formerly 40 U.S.C. 276a et seq.),the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.), and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c)) for relocations and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material; the investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; historic preservation activities in accordance with Article XVII of this Agreement; the Government's cost projections; final inspection of the entire Project or functional portions of the Project;preparation of the proposed OMRR&R Manual; anticipated requirements and needed capabilities for performance of operation,maintenance,repair,rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non- Federal Sponsor. I 09 D. The Project Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Project Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination Team. The Government, having the legal authority and responsibility for design and construction of the Project, has the discretion to accept or reject, in whole or in part, the Project Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE VI -METHOD OF PAYMENT A. In accordance with the provisions of this paragraph,the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, contributions provided by the parties, the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement. 1. As of the effective date of this Agreement, total project costs are projected to be the value of the Non-Federal Sponsor's contributions under Article V,Article X, and Article XIV.A. of this Agreement is projected to be$OR-1 the Non-Federal Sponsor's contribution of funds required by Article II.C.2. of this Agreement is projected to be $ � �; the Non-Federal Sponsor's contribution of funds required by Article II.D.2. of this Agreement is projected to be $0; the non-Federal proportionate share is projected to be . percent; the value ti= included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands,easements,and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement is projected to be and the Government's total financial obligations for the additional work to be incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.I. of this Agreement are projected to be $0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By July 1, 2015 and by each quarterly anniversary thereof until the conclusion of the period of design and construction and resolution of all relevant claims and appeals and eminent domain proceedings,the Government shall provide the Non-Federal Sponsor with a 1 report setting forth all contributions provided to date and the current projections of the following: total project costs; the value of the Non-Federal Sponsor's contributions under Article V,Article i X, and Article XIV.A. of this Agreement;the Non-Federal Sponsor's total contribution of funds required by Article II.C.2. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article II.D.2. of this Agreement; the non-Federal proportionate share; the value included in total project costs for lands, easements, rights-of-way,relocations, and improvements required on lands, easements,and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement; and the Government's total financial obligations for additional work incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article ILI. of this Agreement. B. The Non-Federal Sponsor shall provide the contributions of funds required by Article II.C.2.and Article II.D.2. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for design of the Project or commencement of design of the Project using the Government's own forces, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet its projected share under Article II.C.2. and Article II.D.2. of this Agreement. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, Buffalo"to the District Engineer, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover: (a)the non-Federal proportionate share of financial obligations for design and construction incurred prior to the commencement of the period of design and construction; and(b)the non-Federal proportionate share of financial obligations for design and construction as financial obligations for design and construction as those financial obligations are incurred. If at any time the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the Non- Federal Sponsor's share of such financial obligations,the Government shall notify the Non- Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice,the Non- Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of design and construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non-Federal Sponsor with written notice of the results of such j interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall amend the interim accounting to complete the f i final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total project costs and the costs of any data recovery activities associated with historic preservation. In addition, for each set of costs, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non- Federal Sponsor's total required shares of total project costs exceed the Non-Federal Sponsor's total contributions provided thereto,the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Buffalo"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total project costs exceed the Non- Federal Sponsor's total required shares thereof, the Government, subject to the availability of funds and as limited by the Section 103 Project Limit and the Section 103 Annual Program Limit, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Sponsor,the Government shall seek such appropriations as are necessary to make the refund or reimbursement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article 1I.1. of this Agreement for additional work in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation for additional work,the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work, the 3 Non-Federal Sponsor shall provide the Government with the full amount of the funds required to cover the costs of such additional work through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for such additional work,the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice,the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. I Y 1 U 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations incurred for additional work and furnish the Non-Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting of such financial obligations for additional work from being conducted in a timely manner,the Government shall conduct an interim accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved,the Government shall amend the interim accounting of such financial obligations for additional work to complete the final accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for additional work and the Non- Federal Sponsor's contribution of funds provided thereto as of the date of such'accounting. a. Should the interim or final accounting, as applicable, show that the Government's total financial obligations for additional work exceed the total contribution of funds provided by the Non-Federal Sponsor for such additional work,the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO,USAED, Buffalo"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. ' b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for additional work exceeds the Government's total financial obligations for such additional work, the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non- Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. i ARTICLE VII - DISPUTE RESOLUTION i As a condition precedent to a party bringing any suit for breach of this Agreement,that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this j Agreement. VIS j ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION, AND REPLACEMENT (OMRR&R) A. Upon receipt of the notification from the District Engineer in accordance with Article II.E. of this Agreement and for so long as the Project remains authorized,the Non-Federal Sponsor, pursuant to Article II.F. of this Agreement, shall operate,maintain,repair,rehabilitate, and replace the entire Project or functional portion of the Project,at no cost to the Government. The Non- Federal Sponsor shall conduct its operation, maintenance, repair,rehabilitation, and replacement responsibilities in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the interim or final OMRR&R Manual and any i subsequent amendments thereto. B. The Non-Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner,upon property that the Non-Federal Sponsor now or hereafter owns or controls for access to the Project for the purpose of inspection and, if necessary, for the purpose of completing, operating,maintaining,repairing,rehabilitating, or replacing the Project. If an inspection shows that the Non-Federal Sponsor for any reason is failing to perform its obligations under this Agreement,the Government shall send a written notice describing the non-performance to the Non-Federal Sponsor. If, after 30 calendar days from receipt of such written notice by the Government,the Non-Federal Sponsor continues to fail to perform,then the Government shall have the right to enter, at reasonable times and in a reasonable manner,upon property that the Non- Federal Sponsor now or hereafter owns or controls for the purpose of completing, operating, maintaining,repairing,rehabilitating, or replacing the Project. No completion, operation, maintenance,repair,rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this Agreement,or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX—HOLD AND SAVE The Non-Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, operation,maintenance,repair,rehabilitation, and replacement of I the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement,the Government and the Non-Federal Sponsor shall develop procedures for keeping books,records, j documents,or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate,the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and I ` 0�1 Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books,records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books,records,documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations,the Government and the Non- Federal Sponsor shall each allow the other to inspect such books,records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26,the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996(31 U.S.C. 7501-7507), as implemented by Office of Management and Budget(OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations,the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total project costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503,the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE XI - FEDERAL LAWS In carrying out its obligations under this Agreement, the Non-Federal Sponsor shall comply with all requirements of applicable Federal laws and implementing regulations, including, but not limited to: Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto; the Age Discrimination Act of 1975 (42 U.S.C. 6102);the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto; and 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act). 1 ARTICLE XII -RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement,the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement,neither party shall provide,without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE XIII - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement,the Assistant Secretary of the Army(Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he or she determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event future performance under this Agreement is suspended pursuant to Article II.D. of this Agreement, such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII of this Agreement the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. In the event that the Government and the Non-Federal Sponsor determine to suspend future performance under this Agreement in accordance with Article XIV.C. of this Agreement, such suspension shall remain in effect until the Government and the Non-Federal Sponsor agree to proceed or to terminate this Agreement. In the event that the Government suspends future performance under this Agreement in accordance with Article XIV.C. of this Agreement due to failure to reach agreement with the Non-Federal Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non-Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under Article XIV.C. of this Agreement, such suspension shall remain in effect until: 1)the Government and Non-Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2) the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3)the Government continues work on the Project; or 4) the Government terminates this Agreement in accordance with the provisions of Article XIV.C. of this Agreement. D. If after completion of the design portion of the Project the parties mutually agree in writing not to proceed with construction of the Project, the parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VI.C. of this Agreement. E. In the event that this Agreement is terminated pursuant to this Article or Article XIV.C. of this Agreement,both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VI.C. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.C.2. and Article II.D.2., of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. F. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article II.C. or Article XIV.C. of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XIV - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer,the Non- Federal Sponsor shall perform,or ensure performance of, any investigations for hazardous substances that the Government or the Non-Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act(42 U.S.C. 9601-9675;hereinafter "CERCLA"),that may exist in,on,or under lands,easements, and rights-of-way that the Government determines,pursuant to Article III of this Agreement,to be required for construction, operation, and maintenance of the Project. However, for lands,easements, and rights-of-way that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the Non-Federal Sponsor with prior specific written direction, in which case the Non-Federal Sponsor shall perform such investigations in accordance with such written direction. 1. All actual costs incurred by the Non-Federal Sponsor for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 2. All actual costs incurred by the Government for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement. qct B. In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights-of-way that the Government determines,pursuant to Article III of this Agreement,to be required for construction,operation, and maintenance of the Project,the Non- Federal Sponsor and the Government,in addition to providing any other notice required by applicable law,shall provide prompt written notice to each other, and the Non-Federal Sponsor shall not proceed with the acquisition of the real property interests until the parties agree that the Non- Federal Sponsor should proceed. C. The Government and the Non-Federal Sponsor shall determine whether to initiate construction of the Project, or, if already in construction,whether to continue with construction of the Project,suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements,or rights-of-way that the Government determines,pursuant to Article III of this Agreement,to be required for construction, operation, and maintenance of the Project. Should the Government and the Non-Federal Sponsor determine to initiate or continue with construction of the Project after considering any liability that may arise under CERCLA,the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor,for the costs of cleanup and response,including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs. In the event the Non-Federal Sponsor does not reach agreement with the Government on whether to-proceed or to terminate this Agreement under this paragraph, or fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the Government,the Government, in its sole discretion,may either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. D. The Non-Federal Sponsor and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor,the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable,the Non-Federal Sponsor shall operate,maintain,repair,rehabilitate, and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XV -NOTICES A. Any notice,request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class,registered, or certified mail, as follows: If to the Non-Federal Sponsor: Commissioner of Public Works City Hall—Room 502 65 Niagara Street Buffalo,NY 14202 If to the Government: District Engineer Buffalo District 1776 Niagara Street Buffalo,NY 14209 B. A parry may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XVI - CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XVII - HISTORIC PRESERVATION A. The Government, as it determines necessary for the Project, shall perform any identification, survey, or evaluation of historic properties. Any costs incurred by the 3 Government for such work shall be included in total project costs and shared in accordance with the provisions of this Agreement except for costs of data recovery activitites associated with historic preservation which shall be done entirely by the Government; however, for costs allocable to beach improvements with exclusive private benefits, such costs are entirely the responsibility of the Non-Federal sponsor. B. If, during its performance of relocations or construction of improvements'required on ' lands, easements, and rights-of-way to enable the disposal of dredged or excavated material in accordance with Article III of this Agreement,the Non-Federal Sponsor discovers historic properties or other cultural resources that have not been evaluated by the Government pursuant to i this Article,the Non-Federal Sponsor shall provide prompt written notice to the Government of such discovery. The Non-Federal Sponsor shall not proceed with performance of the relocation or construction of the improvement that is related to such discovery until the Government provides written notice to the Non-Federal Sponsor that it should proceed with such work. ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed,to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall become effective upon the date it is signed by the Assistant Secretary of the Army(Civil Works). DEPARTMENT OF THE ARMY CITY OF BUFFALO,NEW YORK BY: BY: Jo-Ellen Darcy Byron W. Brown Assistant Secretary of the Army Mayor (Civil Works) DATE: DATE: i 3 i I j i CERTIFICATE OF AUTHORITY I, David Rodriguez, do hereby certify that I am the principal legal officer of the City of Buffalo,New York,that the City of Buffalo,New York is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Buffalo,New York in connection with the LaSalle Park,Buffalo New York Hurricane and Storm Damage Reduction Project,and to pay damages, if necessary,in the event of the failure to perform in accordance with the terms of this Agreement,as required by Section 221 of the Flood Control Act of 1970,Public Law 91-611, as amended(42 U.S.C. 1962d-5b),and that the person who has executed this Agreement on behalf of the City of Buffalo,New York, have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 2015. David Rodriguez Corporation Counsel E CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Byron W. Brown Mayor City of Buffalo,New York DATE: 7 ' Z 1 E 1 f j i i I ii 3 i Permission to Enter Into Agreement—LaSalle Park Seawall (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 6, 2015, 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 a Project Partnership Agreement with the Department of the Army, subject only to such clarification and modifications as may be recommended by the Corporation Counsel, for the design and construction related activities for the LaSalle Park Seawall to reduce impact of storm damage and water damage to critical infrastructure. Non-federal funds for this work will be available as part of future bond sale(s). PASSED i 9 d i 4 i i C:\Usem\lmcinski\AppData\LocaIMcmsoft\Windows\Temporwy Internet Files\Content.0otbok\OX32QV W6\Permission to Enter Into Agreement-LaSalle Park Seawall.docx ' q� a * AYE * NO * * * FEROLETO * * FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT ------------- [MAJ- 5 ] * lJ ' [2/3 - 6 ] [ 3/4 - 7 ] i i t;) 0 cam/ 0.4I #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: October 7, 2015 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: [Report of Bid] [Contract No. 2 E—Electrical Backwash Sewer and Dechlorination Improvements Project] i PRIOR COUNCIL REFERENCE: None This is to advise your Honorable Body that we have advertised for and received bids on September 17, 2015 for the Backwash Sewer and Dechlorination Improvements Project at Col. Ward Water Treatment Facility. The following bids were received for the project: 1- Billitier Electrical, Inc. $ 282,400.00 760 Brooks Avenue Rochester,N.Y. 14619 2- CIR Electrical Construction Corp. $ 384,900.00 400 Ingham Avenue Lackawanna,N.Y. 14228 Subsequent to the bid opening the bids were reviewed by our engineering consultant and they have determined that the lowest responsible bidder is Billitier Electrical, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 282,400.00 (base bid)plus $ 28,240.00 (10%contigency) for a total contract award of$ 310,640.00 to Billitier Electrical, Inc. The funds are available in a Division of Water account to be named at a later date. Recommended: ,, Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner o ubli,)Vq'rks' Parks & Streets SIGNATURE OF DEPARTMENT HEAD: I l Report of Bids—Col. Ward Water Treatment Facility—Backwash Sewer and Dechlorination Improvements Project—Electrical (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 7, 2015, 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 Backwash Sewer and Dechlorination Improvements Projects-Electrical at Col. Ward Water Treatment Facility, with Billitier Electrical, Inc., with a total bid of $310,640.00 (Base Bid of $282,400.00 + 10% contingency of $28,240.00 for a Total Amount of $310,640.00). Funding for this project is available in a Division of Water account to be named at a later date. PASSED i 3 1 I - 1 Q C:\Usem\lmcinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\ContentOutlwk\OX32QV W6\Report of Bids-Col Ward electricaLdmx �� tom\ * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN * * * RIVERA SCANLON WINGO WYATT ------------- [MAJ- 5 ] * * O [2/3 - 6 ] [ 3/4 - 7 ] I I o o� # W 202? 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: October 7, 2015 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: [Report of Bid] [Contract No. 2 G—General/Mechanical Backwash Sewer and Dechlorination Improvements Project] PRIOR COUNCIL REFERENCE: None This is to advise your Honorable Body that we have advertised for and received bids on September 17, 2015 for the Backwash Sewer and Dechlorination Improvements Project at Col. Ward Water Treatment Facility. The following bids were received for the project: 1- Kandey Company, Inc. $ 1,167,660.00 19 Ransier Drive West Seneca,N.Y. 14224 2- Nova Site Company $ 1,183,180.00 6 Leana Court West Seneca,N.Y. 14224 Subsequent to the bid opening the bids were reviewed by our engineering consultant and they have determined that the lowest responsible bidder is Kandey Company, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 1,167,660.00 (base bid)plus $ 116,766.00 (10%contigency) for a total contract award of$ 1,284,426.00 to Kandey Company, Inc. The funds are available in a Division of Water account to be named at a later date. Recommended: Michael J. Finn, P.E., City Engineer 1 TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public W;0 ks, arks-& Streets SIGNATURE OF DEPARTMENT HEAD: L i i i i i Report of Bids—Col. Ward Water Treatment Facility—Backwash Sewer and Dechlorination Improvements Project—General/Mechanical (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 7, 2015, 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 Backwash Sewer and Dechlorination Improvements Projects-General/Mechanical at Col. Ward Water Treatment Facility, with Kandey Company, Inc. with a total bid of $1,284,426.00 (Base Bid of $1,167,660.00 + 10% contingency of $116,766.00 for a Total Amount of $1,284,426.00). Funding for this project is available in a Division of Water account to be named at a later date. PASSED t 1 t C:\Users\lmcinski\AppData\Local\Microsoft\Windows\Temporary lntemet Files\Content.Outlook\OX32QVW6\Report of Bids-Col Ward general.docx �� * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT ------------- [MAJ- 5 ] [2/3 - 6 ] [ 3/4 - 7 ] i FROM THE COMMISSIONER OF POLICE i i Oct 13,2015 i # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 10 TO: THE COMMON COUNCIL: DATE: October 5, 2015 0s, 0 a s> <, , fN FROM: DEPARTMENT: Buffalo Police Department DIVISION: Planning/Grants_ SUBJECT: [Acceptance of Research Study on Gang Violence—GIVE II Grant] ENTER PRIOR COUNCIL REFERENCE:(IF ANY)Example(CCP Item No. 14,7/7/2015) TEXT:(TYPE SINGLE SPACE BELOW) The City of Buffalo's Purchase Department, in conjunction with the Buffalo Police Department, sent out a Request for Proposals, dated August 26, 2015, requesting qualified and experienced entities to respond by September 22, 2015 (proposal submission date) outlining a proposal for an academic partner to study and examine gangs and produce a study that maps the relations between socio-temporal (who, what, when) and geographical (where) networks underpinning violence in identified hotspot areas within the City of Buffalo. It is believed that this study, part of a collaborative approach with the Erie Crime Analysis Center housed in Buffalo Police Headquarters, under the Gun Involved Violence Elimination(GIVE) Grant and strongly encouraged by the New York State Division of Criminal Justice Services will produce valuable insights for the GIVE Consortium(a partnership made up of federal/state/local law enforcement, prosecutors, community, mental health). This study will assist the Consortium to better understand the factors that drive gun violence, including a better understanding of retaliatory shooting intervals. This will then enable this partnership to implement effective approaches that will address gun crime and violence within Buffalo's community. Purchase sent this request out to five (5) colleges and universities. We received only one proposal in response to the Request for Proposal, though there were several inquiries at the pre-bid proposal conference that took place on September 10, 2015. The proposal received was from the SUNY Research Foundation, SUNY Buffalo's National Center for Geographic Information and Analysis. The submitted proposal was reviewed and it was determined that it met the City's requested criteria and that the University of Buffalo's National Center for Geographic Information and Analysis offers the best value for law enforcement partners and the community to identify various strategies based on this data leading to intervention in the hotspots to help diminish the triggers of gang violence. Funding in the amount of$70,000 is available under the 2015-2016 GIVE Grant Program which has already been awarded to the City of Buffalo through the NYS Division of Criminal Justice Services. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to enter into a contract with SUNY Research Foundation on behalf of SUNY Buffalo's National Center for Geographic Information and Analysis to complete this analysis study.of shooting patterns that will lead to a better understanding of gun violence risk and potential avenues for prevention. DD:mao i TYPE DEPARTMENT HEAD NAME: Daniel Derenda i TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: i i i I Permission to Enter Into Agreement—Research Study on Gang Violence—GIVE II (Police) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 5, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into a contract with SUNY Research Foundation on behalf of SUNY Buffalo's National Center for Geographic Information and Analysis to complete an analysis study of shooting patterns that will lead to a better understanding of gun violence and potential avenues for prevention. Funding in the amount of$70,000.00 is available under the 2015-2016 GIVE Grant Program, which has already been awarded to the City of Buffalo through the NYS Division of Criminal Justice Services. PASSED i 3 1 j� 7i 17 { a C:\Users\lmcinsM\AppData\Loml\N icrosofl\Windows\Temporaty Internet Files\Content Wllook\GX32QV W6\Permission to Enter Into Agreement-GIVE ILdocx � * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK i PRIDGEN * * * RIVERA SCANLON * WINGO WYATT [— ----------] [MAJ— 5 ] * D [2/3 — 6 ] [ 3/4 — 7 ] a i {3 1 i 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 2, 2015 r lb1 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants SUBJECT: [Permission to Accept 2015 Local Government Records Management Improvement Fund ("LGRMIF") Grant] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) N/A Example:(Item No,C.C.P.#) TEXT:(TYPE SINGLE SPACE BELOW) The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. Local Government Records Management Improvement Fund ("LGRMIF") grant. Buffalo Police has been awarded grant funds under the New York State Archives, a unit of the NYS Education Department (SED)'s, Local Government Records Management Improvement Fund. The expenditures under this grant project will cover the creation of digital copies of homicide casefile records covering a ten year period,spanning 2014 to 2014, ($62,530)to improve record storing and retrieval. Funding also includes coverage for the purchase of equipment to allow BPD to continue to maintain digital case file records going forward, specifically one(1) dedicated server to store the new database($6,000) and two(2)scanners to make digital copies of subsequent additions to the record series in question($1,685.00 x 2 units=$3,370). If you should have any questions about the grant, please contact Captain Mark Makowski at 851-4475. The Buffalo Police Department is respectfully requesting that Your Honorable Body authorize the following: (1) For the City to accept funds, totaling $72,400, from the New York State Archives, a unit of the NYS Education Department(SED)'s, under their Local Government Records Management Improvement Fund,for the grant period of 7/1/15 thru 6/30/16; (2) Authorize the City Comptroller to provide for an inter-fund cash loan for all non-personnel expenses (totaling $72,400) until such City reimbursements are secured by the funding source(NY State); (3)Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the LGRMIF grant funding. TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: S AV Permission to Accept 2015 Local Government Records Management Improvement Fund(Police) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 2, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds, totaling $72,400.00 from the New York State Archives, a unit of the New York State Education Department, under their Local Government Records Management Improvement Fund, for the grant period of July 1, 2015 through June 30, 2016; and That the Common Council hereby authorizes the City Comptroller to provide for an inter- fund cash loan for all non-personnel expenses (totaling $72,400.00) until such City reimbursements are secured by the funding source (New York State); and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Local Government Records Management Improvements Fund grant funding. PASSED j I off' C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\ContentOutlook\OX32QV W6\Permission to Accept funds-recs=agement.docx * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK i PRIDGEN RIVERA SCANLON WINGO WYATT [-------------] . [MAJ - 5 ] [2/3 - 6 ] [ 3/4 - 7 ] i i i Vo FROM THE CORPORATION COUNSEL 1 1 Oct 13,2015 I £� U" . ;_:, o � #4(Rev 7-07) `1 Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo,I transmit this certification of 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: October 7,2015 in the Department of Law Division of to the Position of Senior Special Assistant to the Corporation Counsel Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary): Starting Salary of $ 46,355/year LAST JOB TITLE NAME Shannon Lotz LAST DEPARTMENT DATE ADDRESS 54 Gates Circle LAST SALARY CITY&ZIP Buffalo, NY 14209 LAST 4-DIGITS OF SSN. XXX-XX-XXXX LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY&ZIP LAST 4 DIGITS OF SSN. XXX-XX- RECEIVED AND FILE® BUDGET ORG. CODE 10546001 TITLE CODE NO 0364 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-103 SALARY RANGE OF POSITION $46,355 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Timothy A. Ball TITLE OF APPOINTING.AUTHORITY: Corporation Counsel DATE: October 7, 2015 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET 1 #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) 11\ FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT& INSPECTION SERVICES a i I� II I - i Oct 13,2015 i 0 2 a' To: The Common Council: Date: October 3,2015 From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store(New) [: 490 Connecticut St(Niagara) Type in Upper and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No.xxx, C.C.P.xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 490 CONNECTICUT ST (QAIS ALHANS& C MART INC.)and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office,Fire Department,Building Inspections,Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER Signature of Department Head: JC:PS:jd i Interdepartmental Memo Date: October 3,2015 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Food Store at 490 Connecticut St. Per City of Buffalo Ordinance Chapter 194,the following is a check list of requirements for Food Store application to the Common Council: Application ❑ pplicant Notifcation ❑ Building Inspection ACollection Office ❑ Fire Prevention a ❑ Police Department Zoning Office //v Director Permil&Inspection Services I Ate a 1 z qbu. `' F 3 �Vilys$ ei ,.�. Prrprlextf�ee a ME a aiprCdCCt p J� �y Itstatxlt a 2UQ sa QQ,C,{/ b p¢yq ,s Y b n {n� p3( p s� pepe }/�, � QO� t FS 8,18,0( R 201-9�A spa# $254YQ4 ! X10 `xON, > s, C3 yes R Na S�Z1� a(eaal�c beyxaes LKA ha _ e � ? i� stiai wkw- s CItelcate a£lnsPectio6,tl0- 0. # � Fc�ftlt�y. $TQ 00 (1'itblzr )A, 6,2 SQA sQ7f C] 'Pot §' 17o�nollteeie e !?I 1t1 R Ogmgi ticOR Pi `�a� s . pta1ne x:47 2S; © kuf)n n1 wfio, o< ' ' �nayee $ G ;:QO I7 Arcade#�gar�ies _per 94M 4��5 U.IWAVIin� iQ els $�05.9# Ct lYls1 tneclxaxrteX X52 5 # 7faae7,7 Y OloyeesW-7 00 � C�iV.usie live,no.dance ' $5�x�0: C1$lkltA�t�ti T' lO)"P0". $3130 p = Q eXllplAyeds : $3t 00 I51.1Yew,xt �tT MOD" ' 4bt 15l00 e1iaee : $S25ti.0 , ': CaxpaatxonNaxu :: C M RT_INC. _ _' t33SS_PM(716),.7 � Busxes Nmr�aa}; S & C MART �` Business�ax; ( Bfisrtess Atldesoo t3ax 490 CONNECTICUT ST ,BUFFALO NY 14213 i , Mailing Ad�xess:(i:F�lif�er�[�t�.__ . . NX$ fax1 # 47-4608773 9tjss Wbai .. ner(�}/Px��inp�pa�Bax��ers ALHAJ , QAIS ! p?1Xn �(tast,tlrsl� FTomdPllone 716 445-7427 . _ _ ... Igrrio Address .P4 nex:n . �el�xebie� 52 Massachusetts Ave, Buffalo, NY 14213 �z� e a�Bai�t�, YEMEN Home Add cess (�t�: o aft aceeptabid ... Date pf btrtl?;. '1 o $ftli: Describe:your specie E>uinese �+ttyy ani f`afn aware ofthe abT� attatf to prbvt t�z>«e�y:r�atic :of auy au e in re u} in pt tipn,:at d,11hwe ar��arrned 411 dlViler ,mala er�ar axher prfxi i►ais fib it crimtzial.aid/px:ciiu�a respd s�brlity tpr tine tutlel fi�I ll�nent a restrietim s and conditions:to#tie Incense gr timely` batcient of any xtn�szeect(i�ity ntsr asraid,� t�t tine litltess. Tx�i1 1 ter o�'ice se Daly !�s nta r�thb l ed agwnt o #h enti '<fder►tx ed abgve,I certiify Su` ttbed:and �Yo�xbefbrFlue this inf�rt a�tff�n on f}11s tin is lnex,t� ect,eoi (Qte'8tx our e0t to the best da oi� k�awled e anti belie izt Naliiie QAIS ALHAJ Co: i5si f?f=bae i:s 1fy.0 13u sto '— QST 1 ��- 12-�_ ignaitu : -� llate 07/29/2015 p�No. < 2-1 paie issued i h . Oi " CVIMI QFQW� �� ■�f +xy ; S iia ra uare y r _ °� -p , /i�'�' ` } ;(, i ' 'zap a ; � ,a ti a ''h z `r �z QUIT CU27C`° OATt �� MON A: QAIS A ALHAJ A, 0 ed�-41 tl # £Tce#a ;= t� 49Q COED rICUT ST, BUFFALO, NY 14213 T, zaaplyra ar 1 l w' :lens yes� FOOD 13y.sagrtn this afiavtt #�+ txeby. kte ,t :tixeat�ht, etlher# ? erncla�rdtpc�rte 6f of t11i bi nesnta#have ani existing af�df�x petztlin City of Buffalo Husigc�u p d —7, aga ri t the rope #ed ab a s # e A NO e t e cla d tin the G ty of, I fhericlersfiard,tha#ifs ox.ar reaota�the'Oflee oS�tceaase =fhrs inormat�on to be �nac �r t that tl e #y £ u££a� esexv. the i r° defy ho I s e c?f r and a�1 Cxty C' . Bd Alo L en es:requestdd to 6p orate Chas business eNt ntity;. . '■b ■/ry APPET (y� ■/'gyp �,�((]� y■` I azxt,a�rare that��is a ya�l�tign of caty,,ox�anat�cesto.Qpe�at�zzay bt�s�ness�sta'f�lr.��x�ent�vtt�.ottt�1J recut .11 e s .- tea# taaust n i a e , / x`c� : ?y b� ,t au t t e t txr til,said'cirn that; Al theequiedtcer# es lie le$n Jssuecl I# hex uaxzletaxad,thaor any re. o,' the O£tce a ,aebses dexus rsa` ess establsezat taixaeeen den anfTlQ�c �ra# dor tai tle.xs.�ia#oe o£ regprec czty llceatse ,tl # i hoi�#t#tar� a#tort.ooryitszd said vaola#eXrsha ,ke` ca s to dent the s arts o1' r#y a .a11 ea# exas erlu�re tc era n ebif ditblas taaetit; 7 G'v tfbscxliJed and sworn before Lrfe fru GL Trate: Go�nm[`ss�oner of heeds�n:niad far,fhe: �4y.,o�}�iffaka i I� I 1' Y } ST z10 IR•r On � �,5'SURESD 0&�31i EXPRES?q�i2i6 �fNt�EtzMs- d 3 6 l i I •4 i I i CITY OF BUFFALO OFFICE OF LICENSES K 301 CITY HALL BUFFALO,NY 14202 REVIEW TYPE: COLLECTIONS REFERRED TO: JOE LOTEMPIO APPLICATION FOR: S&C Mart LICENSE TYPE: FOODSTORE BUSINESS ADDRESS: 490 CONNECTICUT LOCATED AT: COUNCIL DISTRICT: NIAGARA COUNCIL DISTRICT APPLICANT NAME: Qais Alhaj APPLICANT PHONE: (716)768-3005 APPLICATION NO: FST15-10027221 REFERRAL DATE: REMARKS: 1 DISAPPROVAL REASON: 3 ..................................................... ................................................................................... (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) -�----may ; CAPPROVED: Il DATE: _. ----- DISAPPROVED: DATE: DISAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: Z_' 4_7i-lz i "fL/'er INSPECTOR: ov�A RM# EXT i A PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. J To: The Common Council: Date: October 3,2015 From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store(New) [: 500 Ontario(NORTH) Type in Upper and I [: 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 500 ONTARIO (WASEEM ELWASEE/ONTARIO BEST VALUE INC.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections,Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: JA ES COM ORD Type Title: COD M4LO ER s Signature of Department Head: ILI JC:PS:jd I i - Interdepartmental - Memo Date: October 3,2015 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Food Store at 500 Ontario. Per City of Buffalo Ordinance Chapter 194,the following is a check list of requirements for Food Store application to the Common Council: Application ❑ Applicant Notifcation ❑ Building Inspection Collection Office ❑ Fire Prevention ❑ Police Department Zoning Office Director Ormit& Inspection Services bate i 3 $f i n g CITE a ' UFF ,t - � NSEATPECi' I: .. 6s Niagara Sq. Cid r Hall�ouiat 30 i al NY 142 2 ` Poue.(716) 8S1 4078 F�6'/ )81 495FV . ;. Type bf PV;nt © Sole Proprietor C Cotpprattbii C Par'�efslup b Lttnitecl Liatlity Compatly E/ y, fed dee fee Restt ural t l 200 seats: S174.OQ ©Restaurant riance UAbitau ant Take Out-$:88,00° . ©101-400 seats $250.00 11 F166rSit' Cf 400+seats $35.0:00: q I;ive Music $2I000l♦obd Sure $115.00 ; 1Yes.C11�a S, lhn 'aCcoholfcbevera +s� gMechanzcai $125' Seeaddtiorial guesltons. [Q Certificate of Inspection $56,00 O;Nteat,F sCt Fotiltry` $150.00 , ' (Public Assetxalily)Restaurant;50 M seats O t'tib11 f7attco based on sqtfi}'; t7 Caterer $ 88.00 _>' id Coto.Coptral Atnuseii►xent'. 17 GoGo Dancfi g 131.25 la'Balc xyr #games�. per genie $47,25 C Skating Rltiic10.00 d,0'2 employees $ 63.00; D Arcade#games _Per:game $47.25' ©Botivl ttg,ACley pet fat% $31.50 ( 3 W0 mployees $10500 0 Music°r►tecCtanical $52.50 #lanes D 11=15 employees $157:00 L7 Music Cive;no dancing; Wmo: ❑Bi Ilia"rd.f'arlt►r per tsble,a$31 50 Q 26-50eriiplayees $315.00' CI NevYs Stam[ $63:00 #"abler C1 S 1-200.etnplayees $525»00 ONTARIO BEST VALUE INC• „ Cox iolratlo Nath BusutessPhone(716),$44 -soon Basiuess`Name(dba) ONTARIO BEST VALUE Business Fax Business Aclriress(no Po Box) 500 ONTARIO ST ,BUFFALO, NY 14207 MailingAddress:(if different)__ NYS mag lD-# 46-2524214 Bttstness'`Website E=Mall Owner{s)/PrncipalTartners Applican#(lost,.first), ELWASEE, WASEEM Hotne.Pllone . (�16)444-ao05 Home Address:•,(ixt�„13oxnot,aceeptable) 268 _AMHERST ST, BUFFALO, NY 14207 Date of birth. Flare of Birth YEMEN Qo-A:pp#08#t(Iast,frst). IIatne LL _P-, one Home Address {l'O t3a c:not aeoepjiible) Date of birth. Place of Binh Describe ypur specific buMness activity it d6tait.: l atn aware.of the obligation to provide timely notice ofanychAtlgean rewired i>>forniation,atxd I have informed all owners,:managers,or other i1rincipals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to tha licenL.se or titnply abatement of any nuisance aetiVity at or associated with the business Initial fur•oftiee use otily As an,authoffm4 agent of the entity identified above,]'certify,the S [z ribed arid;worn beforen1 this information on`this form is true,port pct,complete',and current tp,the gest 4y” 20 of my1nowledge and belib.F. Print Nance WASEEM ELWASEEM �Co issi er Deeds--.City of it. Io i Signature �� � pate 08/20/2015 App_No;-� '' Date issued: ggl 4 , Vc � 5 PERMIT & I�SPECTIO cc t . OFMc UF).Ji { BROWN. Mayer : Comiiiisszoner. 65 Ntagara Square 301 xty Hali,13 �flo N Y .1 A02 {716} 851-4078 FA 7l G) $514q� wr4vcffalo ctY A X-IOUSING COURT VIQLA:TI, N IJIC FTSE API t CA'I`ICJ�T AFJ''tbA'VIT WASEEM ELWASEEM l I, have submittedc a License Applicati�n(s {print applicsnt'nrna}. a W1 th;the City of B,uf Vs,Office of.Lice tses at 5 0 0 ONTARi Q' ST ,BUFFALO,, NY 14207 (betslrts tocatioz�) I am.applying for the folfawing licensety,t s FOOD SWORE; LICENSE Ely signing this affidavit;I do lreretiy:attest to the fact that;neifher I nor any partners and/or corporate officers of this business entity have any,existing and)or pending City of Buffalo Housing Court proceedings against the property listed„above nor any other properties owned in the City of Buffalo. I furthex`understand that if;oi-,any reason, :theOff`ice of Licenses finds this information to be inaccurate;that the.City of.Buffalo reserves the right to deny the issuance of any and all( ity of 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 establishment without all required_licenses,'and.that I must not open and/oar operate:my business etablishtrient until.,said time that all the:rcquired licenses'have begj issued;.•I further understand;that if for any reason,the Office af' Licenses deems my business establishment to have been open:and/or operated prior,to the issuance of alt' required city licenses;that this shall,constitute a;violation of city ozdinances;and said violation shall be cause to,dory the issuance cif any:and all city licenses required to operate mybusiness establishment ,las rtad and or l efore 34 ;t ' WASE �� :da Applicant Signature 3 �Y _ Uf bate• � City,of I3u#flo a nrt 10113 Z 0 d z' F "w V jJ g a P gt g 4 5� toil nip Jayi ull Poll Us ny ALI 11 gc� I NO o- g 8 ' ,Y : a _ Ag, h 154"00 �# —WSW .YmEw ja i 33 g. ANT Smy F 41, xn S WMA CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO,NY 14202 REVIEW TYPE: COLLECTIONS REFERRED TO: JOE LOTEMPIO APPLICATION FOR: Ontario Best Value LICENSE TYPE: FOODSTORE BUSINESS ADDRESS: 500 ONTARIO LOCATED AT: COUNCIL DISTRICT: NORTH COUNCIL DISTRICT APPLICANT NAME: Waseem Elwasee APPLICANT PHONE: (716)444-8005 APPLICATION NO: FST15-10027220 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ---------- ------------- --- - - - ---- --- --- ---- ------ ----------------------------- --------- ------ -- -- --- --------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: 3 ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: Z AAZ-3' AfA INSPECTOR: RM# EXT ���� i i i PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1 #1 (Rev. 1/93) Single Page Communication to A Common Council ,k To: The Common Council: Date: October 3,2015 From: Department of Permit&Inspection Services Division: Office of Licenses Subject: [: Property Management License [: 71 University(UNIVERSITY) Type in Upper and I [: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. (Item No.xxx, C.C.P.xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 265 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Property Management License for Deneb Pirrone/CONSTELLATION DEVELOPMENT LLC and find that as to form is correct. I will cause an investigation into the applicant for which said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department and Law Department are obtained and 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 Deneb Pirrone/CONSTELLATION DEVELOPMENT LLC, the attached thereto for. This request is submitted for your approval or whatever action you deem appropriate. 5 I Type Department Head Name: JA ES MERFORD Type Title: CO IONER Signature of Department Head: I 1 JC:PS:jp Interdepartmental Memo Date: October 3,2015 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Property Management License Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Property Management License application to the Common Council: Application Application Notification ❑ Law Department ❑ Police Department Xpolice Record Check Director Pe t&Inspection Services Da CITY OF BUFFALO PROPERTY MANAGEMENT LICENSE APPLICATION Initial Fee/Renewal Fee$75.All license fees are non-refundable.The license expires each year on November 301.Issuance of City of Buffalo Property Manager's License in no way pre-empts any requirements of any State or Federal rules,regulations and/or laws. Individuals who engage in the property management of three(3)or more rental units in the City of Buffalo must obtain a Property Management License per City Ordinance Chapter 265. Property Management includes but not limited to a advertising or soliciting of apartments or rental units for rent •tenant review and screening ecollecting and/or oversight of rental profits • conducting and/or arranging general repairs and maintenance of residential properties in Buffalo. Corporations,LLCs,or partnerships must attach a list of ALL officers,members,and partners with contact information. Applicant NameApplicant phone Qc��� �1 �� `716 -- q1 3 - 3 7 9 Applicant Address State Zip -7/ UA)ZVE Sri XVC But-f-Ai-0 A y Business Name Business phone Business Address State Zip NO YES: Answer each of the following questions. R ❑ A. Have you been found guilty of any crime or offense, criminal or civil? ❑ B. Is there a criminal or civil charge pending against you? ❑ C. Are there existing and/or pending City of Buffalo Housing Court proceedings against properties you own/owned and/or manage/managed in the City of Buffalo? ® ❑ D. Is there an open claim against you or your company left unsatisfied? ❑ E. Do you have employees? ' ❑ Fl� F. Will you be performing general repairs and maintenance of properties in the City of Buffalo? ❑ © G. Will you be performing landscape/snow removal services? Attach Supporting Documentation with application 1. Government-issued Identification Card of applicant 2. Utility bill of the applicants(s) home address 3. Police background check obtained at Buffalo Police Department Headquarters 74 Franklin St. — 4. General Liability Insurance in Certificate form with 301. City Hall Buffalo NY 14202 as certificate holder 5. If you answered YES to E, submit Workers' Compensation Insurance,301 City Hall Buffalo NY 14202 must be certificate holder. Acceptable forms of proof of Workers' Compensation Insurance: C105.2,U-26.3,SI-12, GSI-1.05.2. Contact your insurance carrier to obtain one of these forms. 6. If you answered NO to E, Certificate of Attestation of Exemption from NYS Workers' Compensation Coverage (CE-200).This form is obtained online at http://www.web.nv.gov. 7. If you are requesting a waiver of the City of Buffalo License fee attach copy of one the following licenses: j New York State Real Broker,New York State Associate Real Estate Broker, or Real Estate Salespersons. 8. Provide a list of properties you or your company will be managing in the City of Buffalo.Include Property address,Total Number of Units per property,and Property Owner(whether owned by an individual or a corporation).Update this list with our Office each time you add or remove properties. Signature:_ — Date SI �'Zot NOTE:False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. SWORN BEFORE ME THIS Mail application with fee and supporting docu mentation to: D o 20►� Office of Licenses 65 Niagara Square Room 301 2;� Buffalo,NY 14202 Com �ssioner of deeds or notary public For questions,please call us 716.851.4078 Alex M Penvose { Notary Public,State of New York Qualified in Erie County My commission expires APRIL 8th,20D— Certificate of Attestation of Exemption From New York State Workers' Compensation and/or Disability Benefits Insurance Coverage YCH loR **This form cannot be used to waive the workers'compensation rights or obligations of any party.** The applicant may use this Certificate of Attestation of Exemption ONLY to show a government entity that New York State specific workers' compensation and/or disability benefits insurance is not required. The applicant may NOT use this form to show another business or that business's insurance carrier that such insurance is not required. Please provide this form to the government entity from which you are requesting a permit,license or contract. This Certificate will not be accepted by government officials one year after the date printed on the form. In the Application of Business Applying For: (Legal Entity Name and Address): OTHER:PROPERTY MANAGEMENT LICENSE CONSTELLATION DEVELOPMENT,LLC From:CITY OF BUFFALO 71 UNIVERSITY AVE BUFFALO,NY 14214 PHONE:716-913-9379 FEIN:XXXXX4094 i Workers' Compensation Exemption Statement: The above named business is certifying that it is NOT REQUIRED TO OBTAIN NEW YORK STATE SPECIFIC WORKERS' COMPENSATION INSURANCE COVERAGE for the following reason: The business is a LLC,LLP,PLLP or a RLLP;OR is a partnership under the laws of New York State and is not a corporation. Other than the partners or members,there are no employees,day labor,leased employees,borrowed employees,part-time employees,unpaid volunteers(including family members)or subcontractors. Partners I Members: DENEB L.PIRRONE,RIGEL D.PIRRONE 1 Disability Benefits Exemption Statement: The above named business is certifying that it is NOT REQUIRED TO OBTAIN NEW YORK STATE STATUTORY DISABILITY BENEFITS INSURANCE COVERAGE for the following reason: The business MUST be either: 1) owned by one individual; OR 2) is a partnership(including LLC,LLP,PLLP,RLLP,or LP)under the laws of New York State and is not a corporation; OR 3) is a one or two person owned corporation,with those individuals owning all of the stock and holding all offices of the corporation(in a two person owned corporation each individual must be an officer and own at least one share of stock); OR 4) is a business with no NYS location. In addition,the business does not require disability benefits coverage at this time since it has not employed one or more individuals on at least 30 days in any calendar year in New York State. (Independent contractors are not considered to be employees under the Disability Benefits Law.) I,DENS$L.PIRRONE,am the Partner with the above-named legal entity. I affirm that due to my position with the above-named business I have the knowledge,information and authority to make this Certificate of Attestation of Exemption. I hereby affirm that the statements made herein are true,that I have not made any materially false statements and I make this Certificate of Attestation of Exemption under the penalties of perjury. I further affirm that I understand that any false statement,representation or concealment will subject me to felony criminal prosecution,including jail and civil liability in accordance with the Workers'Compensation Law and all other New York State laws. By submitting this Certificate of Attestation of Exemption to the government entity listed above I also hereby affirm that if circumstances change so that workers'compensation insurance and/or disability benefits coverage is required,the above-named legal entity will immediately acquire appropriate New York State specific workers'compensation insurance and/or disability benefits coverage and also immediately furnish proof of that coverage on forms approved by the Chair of the Workers'Compensation Board to the government entity listed above. SIGN yr�I{Gr��N. ? S,.'X.'.,i >,ns,1,.a..?ts,ufrrF.'.f,rr-e%': p�`a'�,.`�jy�y��,.�ti,���vxi��Cs.Sk t'➢4hj�n�'/�ux�'L'�4;k�at�:rFyj��'iX-ot!�srr,i�}�rF'��.�Fnas5 a'1ar.'e<.vr;mss3f'r3x Y"t'z�xEFsh,.h% �'v 3i'-�xdS��;ro>K�'F✓i3"ay3r°<�v�t' rx_-'K:.',�ieKf¢�ch'yrfki D'"'/�'�r�#a+�s,r t1't�`reS`: yFf#n�6iu,��;3x`'1'y•t,s20��13 x ,F oEf""�kRt>;y�"�{°?"X:.'.,'�,,'pr.-1�k��.c Sza����y�'},�aK'�,rz,al.x:M,•�,C uI "".-_Ft M9F ? ✓ 'l4, QlF�tr'h��Y'ti,ss%"k!�Y'*`,Z''�`v-'..-•. Y'. I -- --- - ---- l :y. y�'A3yy�igy�^( k �X�.�FSr?MTA.�Y33'.".�:.'w�l�'"'ik'"'..Yt4X�•.r.,.. e r � ; cFiti r j 5 i f(1 'lam A ✓ N ., E e ' �. if E L 1 3 7 i 3 1 •r-lA7G(REV.3/96) i APPLICATION RELEASE FORM TO BE MAILED TO: ,9M—,,Vit:.; � t:r � :`.�;t Buffalo Police Department 211-5 AUG .'3 PM 12: 00 Identification Section 74 Franklin Street Buffalo,New York 14202 There is a$10.00 fee to process this data. By mail,payment MUST be made by money order. DO NOT send cash through the mail. In person,payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped,self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public(or)Commissioner of Deeds,as listed on the bottom of his application. Without total compliance to these instructions,you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: tVcmm PiRmetvE MAIDEN NAME: SEX: Ats RACE: w++rrC CURRENT ADDRESS: 71 UN 1 VERT I TY &VE I O u FFAW, n!Y /4M/!V DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: Ptwpf Ml Y /✓►-+MAG rM&NT 4.1 e firAi S-E j SIGNATURE OF APPLICANT: DATE: STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the Day of _ 20 Before me personally appeared To me known to be the same n described' , nd who Executed the foregoing instrument and acknowledged the execution thereof. /Notary PubbelConiffiissioner of Deeds *********************TO BE COMPLETED BY IDENTIFICATION SE N PERSO *********************** j 0 RECORD ATTACHED SUFFAL ,NY VERIFIED BY: POLICE . NORECORD DATE VERIFIED : NO RECORD ON FILE NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. 08-03-15;01 : 17PM; ;716-662-1565 # 1/ 11, 0 �+�R CERTIFICATE OF LIABILITY INSURANCE FDA0010312016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE.HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certirmts holder Is em ADDITIONAL INSURED, the pollcy(lee) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms end conditions of the polley,CeRBIn Policies may require on endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of ouch endorsement(e). PROpVOER Phone! 1718)852.5170 Fele (710)M-1565 tANTACT ' Terranova Insurance Services TERRANOVA INSURANCE SERVICES PHONE11-411. ME 882,5170 "k (716)662.1666 6546 E OUAKEA STREET U-MAIL ORCHARD PARK NY 14127 "ODREr'E' INSURER(S)AFFORDING COVERAGE NAIL P Aper+cyLlov;PC•1063201 INSVRERA I New York Central Mutual 14834 iNtIuMp PIRRONE,RIGEL S DENEB INsuasa B 71 UNIVERSITY AVE INSURERC I BUFFALO NY 14214 INsuRERo j INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 6159 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED tiELOW HAVE 6EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSRTYPE OP INSURANCE ImotNSR wuh Buell POLICY NUMBER POLICY EFF POLICY ERP LIMITS ORNBRAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY oAMAO o T D S PREMISES Eeaoeurems CLAIMS-MADE DOCCUR MED.EXP(Any one person) S PERSONAL b ADV INJURY 3 GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMPIOP AGG S POLICY 7 P," LOC S AVTOMOOK B LIABILITY It OMBII SO sIM311.E LIMIT endow $ ANY AUTO SCHEDULED BODILY INJURY(Per person) S ALLOWNEO AUTOS SODILYINJURY(Per aceldenl) S AUTOS NDN-OWNED PROP AMAO HIRED AUTOS AUTOS A,>adeM S $ UMBRELLA UAa OCCUR EACH OCCVRAENCE S RXC865 LIAR HOLAIMS-MAOE, AGGREGATE $ DEO I RETENTIONS $ WORKERS COMPENSATION TOPVLIMlTS ER S AND BMPLOVBA$' LIABILITY YIN ANY PROPRICTOWPARYNERIEXECUTIVE E,L.EACH ACCIDENT I OFFICEWMEMBER EKCLV0E07 NIA E.L,DISEASE-CA EMPLOVEE S '' IM�neAtery in NM) °y0°°0°O1I°01"tl0f E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS WOW I A LIABILITY 6150331 05/12/15 05112116 1000000 H DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACOR0101,Additional RemerNe Schedule,If more space to requited) s CERTIFICATE HOLDER CANCELLATION CITY OF BUFFALO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 301 CITY HALL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BUFFALO NY 14202 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIYEO RESENTATIYE Attention: ACOHD 25(2010105) ®1986 2010 ACORD CORPORATION. All rights reserved. AFf'.PTUPT1 Tf ChlCCC t)nm(31 /n nn'l Property Management License—71 University (Univ)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated October 3, 2015,be received and filed; and That pursuant to Chapter 265 of the City of Buffalo Ordinance, the Commissioner of Permits and Inspections Services is hereby authorized to issue a Property Management License to Deneb Pirrone d/b/a Constellation Development LLC located at 71 University. PASSED I a i i i i 1 i i I i i C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Property Management License 71 University.docx i VA- * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [- -----------] [MAJ - 5 ] [2/3 - 61 [ 3/4 - 7 ] 1 { I FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY& URBAN AFFAIRS i 1 Oct 13,2015 I 01::10 3 1� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 1, 2015 FROM: DEPARTMENT: Administration/Finance/Policy and Urban Affairs, Purchase SUBJECT: [:auction/scrap of vehicles G G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The Division of Purchase is requesting permission to dispose of vehicles from the Department of Police by means of auction/scrap. The vehicles are: P-548 2005 Ford Crown Vic P-563 2005 Ford Crown Vic P-918 2009 Ford Crown Vic P-574 2005 Ford Crown Vic P-764 2007 Ford Crown Vic I P-555 2005 Ford Crown Vic P-651 2006 Ford Crown Vic P.-753 2007 Ford Crown Vic P-933 2009 Ford Crown Vic P-949 2009 Ford Crown Vic The above vehicles are heavily rusted and beyond their useful life. SIGNATURE i DEPARTMENT HEAD TITLE : William L.Sunderlin, Director i V t I (33 P Auction/Scrap of Vehicles Mr. Rivera moved: That the above item be, and the above communication from the Department of Administration, Finance, Policy and Urban Affairs, Division of Purchase, dated October 1, 2015, be received and filed; and That the Common Council hereby authorizes the Director of the Division of Purchase to dispose of the following vehicles from the Departments of Police by means of auction/scrap as they have been deemed beyond their useful life: • P-548 2005 Ford Crown Victoria • P-563 2005 Ford Crown Victoria • P-918 2009 Ford Crown Victoria • P-574 2005 Ford Crown Victoria • P-764 2007 Ford Crown Victoria • P-555 2005 Ford Crown Victoria • P-651 2006 Ford Crown Victoria • P-753 2007 Ford Crown Victoria • P-933 2009 Ford Crown Victoria • P-949 2009 Ford Crown Victoria PASSED : i a i C:\Users\hucinski\AppData\Local\Iviicrosoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Auction of vehicles.docx * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT 1 [-------------] j [MAJ— 5 ] * *() [2/3 — 6 ] * l 7 ] [ 3/4 — s i i FROM THE COMMISSIONER OF HUMAN RESOURCES a 1 I a I 1 f Oct 13,2015 I 01203 h:J 1 �L� ' SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 10/13/2015 FROM: DEPARTMENT: Human Resources SUBJECT: [:Pharmacy Benefit Manager G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) ^ Sdt�� Ec L o 1 1 Permission is requested from your Honorable Body for the City of Buffalo to enter into a contracKith Express Scripts Inc. Gnvw6 to be our pharmacy benefit manager effective 2/1/2016 through 1/31/2019 with an agreement for 30-day termination. On August 5, 2015 the City of Buffalo, Department of Human Resources issued a Request for Proposal to manage our self-insured prescriptions. The City of Buffalo received eight proposals. After analysis by Department of Human Resources,two finalists were invited to present their proposals to an internal selection committee. The two finalists were Blue Cross/Blue Shield and Express Scripts. Currently BC/BS is utillizing Express Scripts to manage our pharmacy benefit. The committee has chosen Express Scripts Inc.based on experience, the fact they handle over 2.2 million members and a cost savings to the city. SIGNATURENI ( / DEPARTMENT HEAD TITLE : r c E V`� Permission to Enter Into Contract—Pharmacy Benefit Manager(HR) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Human Resources, dated October 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Human Resources to enter into a contract with Express Scripts Inc. to be the pharmacy benefit manager, effective February 1, 2016. The provider was chosen through a Request for Proposals (RFP)process. PASSED 3 C:\Users\lmchWd\AppData\Wcal\Microsoft\Windows\Temporary Internet Files\ContenLOmlook\OX32QV W6\Permission to Enter Into Agreement-Pharmacy Benefit Manager.docz 1 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [-------------] [MAJ - 5 ] * C [2/3 - 6 ] [ 3/4 - 7 ] i I s i FROM THE CITY CLERK a i I a I i i i i i I i Oct 13,2015 I ,4- SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 10/07/2015 FROM: DEPARTMENT: City Clerk SUBJECT: [:Permission to Trade in ID Systems Printers for [:Trade in Credit($1,400.00)(City Clk and Civil Service) a PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) We request Your Honorable Body's permission to Trade in 2 ID Systems Printers for Trade in Credit. This will go towards the purchase of 2 New ID printers that will be used for City ID Cards and The Sale of Birth Certificate Cards. The Departments purchasing the printers are The City Clerk's Office and Civil Service. J SIGNATURE I DEPARTMENT HEAD TITLE : 3 3 33� f i Ji 1 3 1 i Permission to Trade-In ID System Printers (City Clerk and Civil Service) Mr. Rivera moved: That the above item be, and the above communication from the City Clerk, dated October 7, 2015, be received and filed; and That the Common Council hereby authorizes the City Clerk to trade in two (2) ID Systems Printers for trade-in credit. This will go towards the purchase of two (2) new ID printers that will be used for City ID cards for Civil Service and the sale of birth certificate cards for the City Clerk. PASSED 1 1 I Y 7 3 nlrV�� 0 C:\Users\lmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Permission to Trade-in ID System Printers.docx G� j * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN * * * RIVERA SCANLON WINGO WYATT ------------- [MAJ - 5 ] *(� [ 2/3 - 6 ] [ 3/4 - 7 ] t ` a \ CITY OF BUFFALO OFFICE OF THE CITY CLERK `y' APPLICATION FOR RESTRICTED USE PERMIT .� } DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511-68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF APPLICANT 2. BUSINESS ADDRESS 3. EVENT ADDRESS (if different) 4. NAME OF EVENT i r 5. IS THIS A ONE-TIME EVENT? � (CHECKONE) YES NO 6. DATE OF ONE-TIME EVENT lo &5- S 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/Q, 2'0 f . END 2.'3614 M Revised April 9,2012 1 y J Restricted Use Permit—69 W. Chippewa(Ell) (City Clk) Mr. Rivera moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on October 15, 2015, is hereby denied. Denial. 3 1 I S J f C:\Users\clehner\AppData\Local\Idicrosofl\Windows\Temporary Internet Files\Content.OntlookU5NECIH5\Restricted Use Permit 69 W Chippewa 10-15-15 event.docx l VVV * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO * WYATT * [-------------] [ MAJ - 5 ] i [2/3 - 6 ] [ 3/4 - 7 ] i 1 I I 0 �9ey � r,1 l� ,_ 1 r CITY OF BUFFALO OFFICE OF THE CITY CLERK -3 7 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511-68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF APPLICANT 2. BUSINESS ADDRESS6n i 3. EVENT ADDRESS (if different) 4. NAME OF EVENT 5. IS THIS A ONE-TIME EVENT? (CHECK ONE) YES A NO 3 d 6. DATE OF ONE-TIME EVENT /6 12_� 7. IS THIS A RECURRING EVENT (CHECK ONE) YES NO i 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND /00 10. START TIME AND END TIME OF EVENT START�6 3�F END 0 Revised April 9,2012 ,� Restricted Use Permit—69 W. Chippewa(Ell) (City Clk) Mr. Rivera moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on October 29, 2015, is hereby approved. PASSED 3 3 I 3 i C:\Users\lmcinskiWppDataEocal\N icrosoft\Windows\Temporary Intemel Files\ConlenLOudmk\OX32QV W6\Reslricted Use Permit 69 W Cldppewa 10-29-15 event.docz i * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO * WYATT ------------- j [MAJ — 5 ] [ 2/3 — 6 ] [ 3/4 — 7 ] a i I 1 i OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics -- ® 65 NIAGARA SQUARE ROOM 1308 CITY HALL TIANNA M. MARKS BUFFALO, NEW YORK 14202 Deputy City Clerk PHONE: (716)851-5431 FAX: (716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics October 2, 2015 Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on September 15, 2015 No. 1872 Waive Band Shelter Fee for the `Blackrock Oktoberfest" Event No. 1876 Waive Fees for Cazenovia Pk Casino for the Kids "I Read It"Run Was presented to the Mayor on September 18, 2015, and returned to the City Clerk on September 30, 2015 without approval or disapproval Respectfully submitted, w ln, Gerald A. Chwalinski City Clerk I 3 RECEIVED AND FILED i City Clerk's Department BUFFALO September 18, 2015 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. 1872 PASSED September 15,2015 Waive Band Shelter Fee for the`Blackrock Oktoberfest"Event , Gerald A Chwalinski City Clerk I nP P ROON E D SEP 2 8 2015 { u MAYOR m City Clerks Department BUFFALO September 18,2015 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. 1876 PASSED September 15,2015 Waive Fees for Cazenovia Pk Casino for the Kids "I Read It" Run Gerald A Chwalinski City Clerk I W-V ail - uvtD AU U 9 j SEP 282015 MAYOR ,, OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics _-==_ ® 65 NIAGARA SQUARE ROOM 1308 CITY HALL TIANNA M. MARKS _.::.. BUFFALO, NEW YORK 14202 Deputy City Clerk — PHONE: (716)851-5431 FAX: (716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics October 7, 2015 3 Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on September 29, 2015 No. 1993 Waive Special Event Fees for Church Com Outreach Program No. 2000 Waiver of Fees—EID at the Park Was presented to the Mayor on October 2, 2015, and returned to the City Clerk on October 6, 2015 without approval or disapproval Respectfully submitted, Gerald A. Chwalinski City Clerk 1 i i i I City Clerk's Department BUFFALO October 2, 2015 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. 1993 PASSED September 29,2015 Waive Special Event Fees for Church Com Outreach Program Gerald A Chwalinski City Clerk i APmr-mmOVED 3 g9 7 CCT - 72015 4 i I] -4V t MAYOR t r City Clerk's Department L BUFFALO October 2, 2015 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. 2000 PASSED September 29, 2015 Waiver of Fees— EID at the Park 3 I Gerald A Chwalinski City Clerk 1 ArrROV" ED OCT 7 2015 MAYOR 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 416 Wil-Liam 416 TJ Amusement Inc a 414 Pearl_ St tbd Anthony Robert Inc 130 Main St Winter Pavilion Tent Gold Spectrum LP & Erie Canal_ Harbor Development Corporation 60.1 Main St TGI Fridays GC Fridays NY LLC 229 Lexington Ave The Place The Place on Lexington II Inc RECEIVED AND FILED i 3 i Oct 13,2015 opla-rev 11/13/'2013 OFFICE USE ONLY Q Original 0 Amended Date � 44 { State of New York g - Executive Department Standardized NOTICE FORM for Providing 30-Day Advanced Notice to y Division of Alcoholic Beverage Control Local Municipality or CornrnmWtx Bow State Liquor Authority (Page 1 of 2 of Forr 1. Date Notice was Sent:(mm/dd/yyyy) 09/23/2015 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 i 4. License Serial Number,if not a New Application: PENDING Expiration Date,if not a New Application: 5. Applicant or Licensee Name: TJ AMUSEMENT INC. 6. Trade Name(if any): 416 7. Street Address of Establishment: 416 WILLIAM ST. 8. City,Town or Village: BUFFALO MY Zip Code:14204 9. Business Telephone Number of Applicant/Licensee: 716-408-6374 10. Business Fax Number of Applicant/Licensee: N/A 11. Business E-mail of Applicant/Licensee: ytammela@yahoo.com For New applicants,provide description below using all information known to date. For Alteration applicants,attach complete description and diagram of proposed alteration(s). For Current Licensees,set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of operation. 12. Type(s)of Alcohol sold or to be sold: ("X"One) ❑ Beer Only ❑ Wine&Beer Only ® Liquor,Wine&Beer 1Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:("X"One)E] Restaurant(Sale of food primarily;Full ® sales primarily;Meets legal minimum food food menu;Kitchen run by chef) availability requirements ® Recorded Music ® Live Music E] 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- ("X"all stablishment:("X"all that apply) ❑ Capacity of 600 or more patrons F-1Topless Entertainment 1:1Restaurant ❑ Hotel ❑ Recreational Facility(Sports FacilityNessel) ❑ Club(e.g.Golf Club/Fraternal Org.) ❑ Bed&Breakfast I ❑ Seasonal Establishment 1 S. Licensed Outdoor Area: ® None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure ("X"all that apply) ❑ Sidewalk Cafe ❑ Other(specify): Page 2 opla-rev 11/13/2013 OFFICE USE ONLY 49 0 original 0 Amended pate _ State of New York Standardized NOTICE FORM for Providing D-D dv c otic to a Executive Department LOCIII M o m i 81/pard Division of Alcoholic Beverage Control (Page 2 of 2 r of F ml state Liquor Authority Q �"' 1$. List the floor(s)of the building that the establishment is located an:F,5T,BASEMENT G k 17. List the room number(s)the establishment is located in within the 1 ST-BAR,FOOD PREP AREA,RESTROOMS,DINING,OFFICE building,if appropriate: BASEMENT-STORAGE ) I S. Is the premises located with 500 feet of three or more on-premises liquor establishments? []Yes ®No l 19,WWI the license holder or a manger be physically present within the establishment during all hours of operation? 2g (]No 20. Does the applicant or licensee own the building in which the establishment is located?("X"One) []Yes(if Yes SKIP 21-24) N No ) l a Owner of the Budding In Wh"the Licensed 'E.s'tabllshment Is Located } 21, Building Owner's Full Name: FRED YOUNG 22. guilding Owner's Street Address: 255 SYCAMORE ST. - 23. City,Town or Village:BUFFALO Stater Yip Code.14204 a 24. Business Telephone Number of Building Owner: 716-310-1580 s Attorney Representing the Applicant in Connection with the,Applicant's License AppUcation Noted as Abo Vill for Rhe Establishment Identified in tbl&Notice 25. Attorney's Full Name: a 26. Attorney's Street Address: 3 27. City,Town or Village: State: Zip Code: 28, Business Telephone Number of Attorney- i 29, Business Email Address of Attorney: _ f n 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 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. I j 30.Printed Name: AMMELA YOUNG fide PRESIDENT S 5lgnature: X r F r l Page 3 i ) i REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 09/24/2015 i To the Mayor of the City of Buffalo: Please be advised that a waiver of the 30 day notification is being request by TJ AMUSEMENT INC dba 416 located at 416 WILLIAM ST,BUFFALO,NY 14204 for an ON PREMISES LIQUOR, BEER AND WINE license. This request is made to expedite the licensing process. The principals for this application are: TAMM ELA YOUNG 255 SYCAMORE ST BUFFALO,NY 14204 716-408-6374 LANDLORD: FRED YOUNG . 255 SYCAMORE BUFFALO,NY 14204 716-310-1580 Thank You, i If such waiver is granted, please fax, e-mail or forward it to: j Robert Heil Liquor License Consultant 5008 Mount Vernon Blvd. 1 j Hamburg,NY 14075 FAX : 866-910-5025 E-MAIL : myteambob@gmail.com If you have any questions please contact me at 716-512-5018 i opla-rev 11/13/2013 OFFICE USE ONLY 49 O Original O Amended Date State of New York Standardized NOTICE FORM for Providing30-Da Advanced Notice to a Executive Department y Division of Alcoholic Beverage.Control Local Municipality or Community Board State Liquor Authority (Page 1 of 2 of Form) 1. Date Notice was Sent:(mm/dd/yyyy) 09/29/2015 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 City of Buffalo Applicant/Licensee Information 4. License Serial Number,if not a New Application: N/A Expiration Date,if not a New Application:N/A 5. Applicant or Licensee Name: Anthony Robert,Inc. 6. Trade Name(if any): tbd 7. Street Address of Establishment: 414 Pearl Street 8, City,Town or Village: Buffalo MY Zip Code:14202 9, Business Telephone Number of Applicant/Licensee: 10. Business Fax Number of Applicant/Licensee: 11. Business E-mail of Applicant/Licensee: cdebo3l @hotmail.com For New applicants,provide description below using all information known to date. For Alteration applicants,attach complete description and diagram of proposed alteration(s). For Current Licensees,set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12. Type(s)of Alcohol sold or to be sold: ("X"One) ❑ Beer Only ❑ Wine&Beer Only ® Liquor,Wine&Beer i Restaurant(Sale of food primarily;Full Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:("X"One)® ❑ sales primarily;Meets legal minimum food i food menu;Kitchen run by chef) availability requirements I ® 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 ❑ 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 ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding.Covered Structure ("X"all that apply) ❑ Sidewalk Cafe ❑ Other(specify): Page 2 i opla-rev 11/13/2013 OFFICE USE ONLY 49 0 Original Q Amended Date State of New York Standardized NOTICE FORM for Providing 30-®ay Advanced notice to a Executive Department Division of Alcoholic Beverage Control Local Municipality or Community Board State Liquor Authority (Page 2 of 2 of Form) 16. List the floor(s)of the building that the establishment is located on: basement and 1 st floor 17. List the room number(s)the establishment is located in within the all building,if appropriate: 18. Is the premises located with 500 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?("X"One) E] Yes(If Yes SKIP 21-24) ®No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: Garvey Enterprises 22. Building Owner's Street Address: 414-416 Pearl Street 23. City,Town or Village:Buffalo State; NY Zip Code: 14202 24. Business Telephone Number of Building Owner: 716-854-4800 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: Theresa M.Russo 26. Attorney's Street Address: Wilson Elser Moskowitz Edelman&Dicker,LLP-677 Broadway,9th Floor 27, City,Town or Village: Albany State: NY Zip Code:12207 28. Business Telephone Number of Attorney: 518-449-8893 i I 29. Business Email Address of Attorney: theresa.russo@wilsonelser.com I 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 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. i f 30.Printed Name: Theresa M.Russo Title Attorney for Applicant Signature: X �•-� Page 3 I % WILSON ELSER tvit.soLv F.A.517.11 kOSKOwrT2 cnet.Mata B CS It;KRR Li.r September 29, 2015 Theresa Russo 518.449.8893(direct) theresa.msso@wilsonelser.com BY FEDERAL EXPRESS Gerald Chwalinski City of Buffalo-City Clerk 1308 City Hall Buffalo,NY 14202 i Re: Original Application Notice Form for: Anthony Robert,Inc. 414 Pearl Street Buffalo,NY 14202 Dear Mr. Chwalinksi: Please find enclosed herein a 30 day notice regarding the above-referenced applicant's intent to file an On-Premises liquor license application with the New York State Liquor Authority("NYSLA") for the sale of beer.and wine at the above-referenced premises. The applicant would like to submit their application to the NYSLA as soon as possible. As such, we would respectfully request a waiver of the 30 day notice period. If the City is amenable to issuing the waiver, I would ask that you fax same to me at (518)449-8927 or e-mail it to me at theresa.russo@wilsonelser.com. Should you have any questions regarding this matter,please do not hesitate to contact me. Sincerely yours, Wilson Elser Moskowitz Edelman &Dicker LLP Theresa M. Russo 3 t : Enclosure i 3 677 Broadway Albany, NY 12207-2996 p 518.449.8893 f 518.449.8927 Albany Baltimore• Boston Chicago Connecticut Dallas • Denver• Garden City• Houston • Las Vegas London• Los Angeles •-Louisville Mclean Miami • New Jersey New York• Orlando•Philadelphia San Diego• San Francisco •Washington,DC •West Palm Beach •White Plains Affiliates: Berlin Cologne• Frankfurt•Munich • Paris wilsonelsencom 1170855v.1 I y �S5 rev 10/23/1 OFFICE USE ONLY 49 0 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 (Page 1 of 2 of Form) 1. Date Notice was Sent:(mm/dd/yyyy) C( I ?O l 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License X❑ New Application ❑ Renewal ❑Alteration ❑ Corporate Change This 30-Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board City of Buffalo Applicant/Licensee Information a 4. License Serial Number,if not New Application: Expiration Date,if not New Application: 5. Applicant or Licensee Name: Global Spectrum,LP and Erie Canal Harbor Developement Corporation 6. Trade Name(if any): 7. Street Address of Establishment: 1130 Main Street, Winter Pavilion Tent 8. City,Town or Village: Buffalo rNY Zip Code:14203 9. Business Telephone Number of Applicant/Licensee: 1716-574-1 537 10. Business Fax Number of Applicant/Licensee: 732-727-5030 A 11. Buisness E-mail of Applicant/Licensee: Lfarina@skenelawfirm.com For New applicants,provide description below using all information known to date. For Alteration applicants,attach complete description and diagram of proposed alteration(s). For Current Licensees,set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12. Type(s)of Alcohol sold or to be sold: ("X"One) ❑ Beer Only Wine&Beer Only ❑ Liquor,Wine&Beer i Restaurant(Sale of food primarily, Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:("X"One) ❑ Full food menu;Kitchen run ararchef) sales primarily;Meets legal minimum food availability requirements) ❑X 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 ❑ Restaurant ❑ Hotel ("X"all that apply) ❑ Recreational Facility(Sports Facility/Vessel) ❑ Club(e.g.Golf Club/Fraternal Org.) ❑ Bed&Breakfast X❑ Seasonal Establishment 3 s I 15. Licensed Outdoor Area: ❑ None [—].Patio or Deck ❑ Rooftop [—] Garden/Grounds ❑ Freestanding Covered Structure ("X"all that apply) ❑ Sidewalk Cafe ❑X Other(specify): premises is within a tented area Page 1 , 3 , j OFFICE.USE ONLY 49 0 Original O Amended Date of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a _xecutive Department Local Municipality or Community Board ci Division of Alcoholic Beverage Control (Pa e 2 u 2 of Form) State Liquor Authority . 16. List the floor(s)of the building that the establishment is located on: n/a outdoor premises 17. List the room number(s)the establishment is located In within the n/a building,if appropriate: 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? M Yes FX� No 19, Will the license holder or a manger be physically present within the establishment during all hours of operation?FRI Yes F-1 No 1 20. Does the applicant or licensee own the building in which the establishment is located?("X"One) 0 Yes(If Yes SKIP 21-24) []No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: 22. Building Owner's Street Address: 23. City,Town or Village: State: Zip Code: Attorney Representing the Applicant in Connection with the Applicant's License Application Noted as Above for the Establishment Identified in this Notice 25. Attorney's Full Name: Robert D.Skene,Esq.-Skene Law Firm,PC 26. Attorney's Street Address: 2614 Highway 516,2nd Floor a 27. City,Town or Village: Old Bridge State: NJ —� Zip Code:08857 28. Business Telephone Number of Attorney: 732-727-5030 29. Business Email Address of Attorney: Lfarina@skenelawfirm.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. i By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 30.Printed Name: Q L b*1 n� Title I rk&_S1,0&JT- P,gfLfd0t- Signature: X 1 Page 2 OFFICE: 732-727-5030 i SECOND2614 HIGHWAY 516, 01' OLD BRIDGE, iii I i j I i 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 Principal Residence Address Community Board/Municipality: GC Fridays NY,LLC City of Buffalo TGI Fridays Office of the City Clerk 601 Alain St. 1308 City Hall Buffalo, NY 14203 Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7)or 64-a (7)of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on-premises liquor establishments, will be held on: Date; Time: Place of Hearing: Room: NYS Liquor Authority 10/20/2015 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on-premises liquor license application was filed on 9/22/2015 with the State Liquor Authority for the following premises: Applicant's Serial 3156683 Number and Name: GC Fridays NY LLC Premises Address: 601 Main 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 AUT i V DATE; September 30, 2015 BY: David L. Edmunds, Deputy Commissioner FORM:L.D.3(5111)mam opla-rev 11/13/2013 OFFICE USE ONLY ?� 4 Q Original 0 Amended Date State of Executive Department g Y New York ExecutiStandardized NOTICE FORM for Providing 30-Da Advanced Notice to Division of Alcoholic Beverage Control Local Municipality or Community Boal State Liquor Authority (Page 1 of 2 of Forr 1. Date Notice was Sent:(mm/dd/yyyy) 09/30/2015 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License ® New Application E] Renewal E] 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 i 4. License Serial Number,if not a New Application: PENDING 1 Expirat(on Date,if not a New Application: S. Applicant or Licensee Name: THE PLACE ON LEXINGTON II,INC 6. Trade Name(if any): THE PLACE 7. Street Address of Establishment: Z29 LEXINGTON AVE 8. City,Town or Village: BUFFALO NY _ r Zip Code:14222 9. Business Telephone Number of Applicant/Licensee: 716-830-0774 10. Business Fax Number of Applicant/Licensee: N/A 11. Business E-mail of Applicant/Licensee: jason.mccarthy@gmail.com For New applicants,provide description below using all information known to date. For Alteration applicants,attach complete description and diagram of proposed alteration(s). For Current Licensees,set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12. Type(s)of Alcohol sold or to be sold: ("X"One) P2. Beer Only ❑ Wine&Beer Only ® Liquor,Wine&Beer „( X„ Restaurant(Sale of food primarily;Full Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service. One)® food menu;Kitchen run by chef) ❑ sales primarily;Meets legal minimum food availability requirements ® Recorded Music ❑ Live Music F-] DiscJockey [�Juke Box F-1Karaoke Bar E] Stage Shows ❑ Patron Dancing(small scale) ❑ Cabaret,Night Club(Large Scale Dance Club) ❑ Catering Facility 14. Type of Establishment: ' ("X"all that apply) ❑ Capacity of 600 or more patrons ❑Topless Entertainment ® Restaurant ❑ Hotel ❑ Recreational Facility(Sports Facility/Vessel) ❑ Club(e.g.Golf Club/Fraternal Org.) ❑ Bed&Breakfast [] Seasonal Establishment 15. Licensed Outdoor Area: ® None ❑ Patio or Deck [] Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure ("X"all that apply) ❑ Sidewalk Cafe ❑ Other(specify): Page 2 3.)pla-rev 11/13/2013 OFFICE USE ONLY l�T) 0 Original 0 Amended Date State of New York Standardized NOTICE FORM for Providin 30-Da Advanced Notice to Executive Department 9 J( Division of Alcoholic Beverage Control _Local Municipality or CommunityBoal State Liquor Authority (Pape 2 of 2 of Forr 16. List the floor(s)of the building that the establishment is located on: 1 ST,2ND,BASEMENT 17. List the room number(s)the establishment is located in within the 1ST-BAR,DINING,KITCHEN,RESTROOMS,2ND-STORAGE,OFFCCI building,if appropriate: BASEMENT-STORAGE 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? F-1 Yes ® No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? ® Yes No i I 20. Does the applicant or licensee own the building in which the establishment is located?("X"One) []Yes(If Yes SKIP 21-24) No Owner of the Building in Whlch the Licensed Establishment is Located 21. Building Owner's Full Name: 229 LEXINGTON AVE.OF WNY LLC 22. Building owner's Street Address: 61.7 MAIN ST.SUITE 350 23. City,Town or Village:BUFFALO State: NY Zip Code: 24. Business Telephone Number of Building Owner: 716-220-8468 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: 27. City,Town or Village: State: �� Zip Code: ' 28. Business Telephone Number of Attorney: 1 I I 29. Business Email Address of Attorney: 7 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. I i By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. i i 30.Printed Name:IJASON MCCARTHY Title LLC MEMBER Signature: X Page 3 I a REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 09/30/2015 To the Mayor of the City of Buffalo: Please be advised that a waiver.of the 30 day notification is being request by THE PLACE ON LEXINGTION II, INC dba THE PLACE located at 229 LEXINGTON AVE,BUFFALO,NY 142222 for an ON PREMISES LIQUOR, BEER AND WINE license. This request is made to expedite the licensing process. a The principals for this application are: JASON MCCARTHY 162 ADNIIRAL RD BUFFALO,NY 14216 i 716-830-0774 ELISABET JANE CAWANELLA 3 6 FOUR SEASONS CIRCLE AMHERST,NY 14226 716-253-9937 BRITTANY BRINKWORTH 1745 E HALLANDALE BEACH BLVD HALLANDALE,FL 33009 j 716-510-7016 I LANDLORD: 229 LEXINGTON AVE OF WNY LLC 1 i 617 MAIN ST, SUITE 350 3 BUFFALO,NY 14203 ii 716-220-8464 1 Thank You, If such waiver is granted, please fax,e-mail or forward it to: Robert Heil Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg,NY 14075 FAX : 866-910-5025 E-MAIL : myteambob@gmail.com Ifou have an questions lease contact me at 716-512-5018 Y any P r i i No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets &Parks- ' x Police- Adam Wigdorski Darlene Muhammed Maria Diaz Kate McKeating Lori Willoughby Layonyja Redden 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. Oct 13,2015 I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL l l� TO: THE COMMON COUNCIL DATE: September 29. 2015 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) 1 : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Adam Wigdorski, assigned to the E-District, has been granted a military leave of absence without pay for the period of 62 days commencing September 26,2015 through November 26, 2015. Civilian School Crossing Guard Darlene Muhammed, assigned to the C-District has been granted an extension to her medical leave of absence without pay for the period.of 18 days commencing October 4, 2015 throgh October 21, 2015. 9 3 �3 3 3 DD/tlo I TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e(10/12) DATE: I v I S NAME: F'� \�Clt RANK: G *SSN: XXX-XX- ASSIGN: *LAST FOUR(4)DIGITS ONLY* TYPE OF LEAVE: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA(SEE BELOW) ❑ MEDICAL ❑ (MUST ATTACH MEDICAL MILITARY (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMITTENT FMLA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAIL URE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: q MC Lcclll-� DATES OF LEAVE: BEGINNING DATE: END DATE: /11? /S RETURN TO WORK DATE: I J i LENGTH OF LEAVE: EMPLOYEE SIGNATURE , AP �ED/❑DENIED (APPR AL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE i f APPROVED/❑DENIED (APPROVL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER aa...�awaol . DATE: NAME: 9��-lP�� d �uu1�.�,,..®� RANK: CniirLtJ *SSN: XXX XX- ASSIGN: *LAST FOUR(4)DIGITS ONLY* TYPF.OF LEAVE: EDUCATIONAL ❑ MATERNITY [� EMPLOYMENT ❑ PERSONAL ❑ FMLA(SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL. MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FILA)IS A 12 WEEK LEAVE MM INTERMITTENT FILA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TO E)FOR CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FILA REQUFST FORM REQUIRED) • . THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PMCP ATTENDANCE BENEFIT _ • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THUTY (30) DAYS OR A.CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MIDST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAIL URE TO DO SO WILL RESULT 1N THE REVOCATIONOFT&E LEAVE OFABSENCE AND THE CARRYING OF TAEMEMBER ASBEINGAWOL EXPLANATION OF LEAVE: -Mica t Lea,e DATES OF LEAVE: BEGINNING DATE: IOI, 15, END DATE: •101211 if RETURN TO WORK DATE: LENGTH OF LEAVE: d _� gn lona IS EMPLOYEE SIGNATURE bviw APPROVED/❑DENIED ( ROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) 111,201 < j, I POLICE INSPECTOR dFDATE �dAPPROVED/❑DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP MENT EQUIPMENT) COMMIS DUCE DATE cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 22. 2015 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE I . I : PRIOR COUNCIL REFERENCE: (IF ANY) Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Civilian School Crossing Guard Maria Diaz, assigned to the A-District,has been granted a medical leave of absence without pay for the period of 12 weeks commencing September 3, 2015 through December 3, 2015. i 9 DD/tlo I TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Co i sioonerr of Police SIGNATURE OF DEPARTMENT HEAD: I P-12e(10/12) .R'EfPK iP'i''4' {' �iYf 1.}s. kr {!f it DATE: NAME: -1�LL(dd � `� RANK: *SSN: XXX-XX- ' .? ASSIGN: *LAST FOUR(4)DIGTT TYPE OF ,FAV .: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL FMLA(SEE BELOW) ❑ MEDICAL u (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) j • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMITTENT FMLA IS A IS A 12 WEEK !480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: ( DATES OF LEAVE• BEGINNING DATE:• END DATE: / RETURN TO WORK DATE: / LENGTH OFLEAVE: J tic EMPLOYEE SIG URE APPROVED/❑DENIED/ (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) I -.,.... ? POLICE INSPECTOR DATE PROVED!❑DENIED (APPROVAL CONDITIONED UPON SURRENDER F'D�EPARTMENTAL EQUIPMENT) f COMMISSIONER OF POLICE DATE cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23, 2015 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1 : UNPAID LEAVE OF ABSENCE I . PRIOR COUNCIL REFERENCE: (IF ANY) Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Kate McKeating, assigned to the Commissioner's Office(Camera Room),has been granted an extension to her medical leave of absence without pay for the period of 38 days commencing October 2, 2015 through November 8, 2015. 3 I DD/tlo i E i I TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: I P-12e(10/12) Y L �� E (JFBS1T' 5 . QUEST TO hk °� •.`k. � �,V>x�, �s� s,z, ':?. ISS DATE: Cl 2 Z Iy5 NAME: 1 C RANK: *SSN: XXX-XX- 3&o 4.- ASSIGN:. V eco Mau SatNUL *LAST FOUR(4)DIGITS ONLY* TYPE OF LEAVE: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA(SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) l • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMITTENT FMLA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: EMS � DATES OF LEAVE: BEGINNING DATE: 2- 1 t END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: I EMPLOYEE SIGNATURE 3 Cp'APPROVED/❑DENIE (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTORDATE ? ? O /❑DENIE (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER a SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 30. 2015 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE I . PRIOR COUNCIL REFERENCE: (IF ANY) Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Civilian School Crossing Guard Lori Willoughby, assigned to the B-District has been granted a medical leave of absence without pay for the period of 45 days commencing September 29, 2015 through November 12, 2015. i 1 I DD/tlo i TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e(10/12) lsnp .r74 a f� Y a of ,�����a�7 t����T�'- 2" �• . t •'t `S fy, �yt'`�}.:fA�5����� r�Pl'�'`L.f"ucy�"�� \ .....ew... ,..x, t i.,...-s.}` 4 �: t f S .*, �E, _..,• a .. `'�k'�s-v�'a}va Vr H DATE: NAME: RANK: *SSN: XXX-XX- �q ASSIGN: lG� *LAST FOUR(4)DIGITS ONLY* — TYP�,OF 4 f.A EDUCATIONAL ❑ MATERNITY 0 EMPLOYMENT ❑ PERSONAL ❑ FMLA(SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(ITIS INTERMITTENT FMLA IS A IS A 12 WEEK /480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME)FOR: CARE OF CHILD,SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION(ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF TIIRTY(30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUSE SURRENDER THEIR DEPARTMENTAL WEAPON,RADIO,CAP SPRAY,BADGE,WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULTII!'TEE REVOCATION OF Tiff LEA VE OF ABSENCE AND THE CARRYING OF THE MEMBER ASBEINGAWOL EXPLANATION OF LEAVE: s DATES OF LEAVE: BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: EMPLOYEE SIGNA I ROVED/❑DENIED (APPR AL CONDITIONED UPON SURRENDEROFDEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE e 'd/APPROVED/ DENIED (APPROVAL CONDITIONED UPON SIAHMOER:OFDEPpR AL EQUD'MENT) COMIVIISSIONER OF POLICE D cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE I CIVIL.SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL �ry� TO: THE COMMON COUNCIL DATE: October 6. 2015 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) I : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Laborer I Layonyja Redden, assigned Police Headquarters has been granted an intermittent family medical leave of absence without pay for the period not to exceed 12 weeks or 480 hours in a 12 month period commencing August 18, 2015. 1 1 i x DD/tlo I TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police V SIGNATURE OF DEPARTMENT HEAD: i i I I ° CITY OF BUFFALO :` - DEPARTMENT OF HUMAN RESOURCES CIA—fit Compensation & Benefits , BYRON W. BROWN GLADYS HERNDON-HILL MAYOR COMMISSIONER ANTOINETTE PALMER DIRECTOR October 5, 2015 Latonyja Redden 156 Longnecker Buffalo,NY 14206 RE: REQUEST FOR FAMILY/MEDICAL LEAVE Dear Ms. Redden, The Family Medical Leave Act(FMLA) entitles employees in certain circumstances to take job- protected time off to be a caregiver for their child, spouse or parent, or to.receive care themselves. The duration of the Family/Medical Leave cannot exceed 12 weeks or 480 hours in a 12 month period. On October 2, 2015 the Compensation and Benefits office was notified of your need to take intermittent family/medical leave for the care of your child. We were notified that.you need this leave beginning on August 18, 2015. This letter is to inform you that your request has been approved. The end date of your intermittent leave will be August 17,2016. 3 Your.health benefits will be maintained during any period of 'aid/unpaid leave under the same ' conditions as if you continued to work and you must be reinstated to the same or equivalent job with the same pay,benefits, and terms and conditions of employment on your return from leave. If you do not return to work following FMLA leave for some reason other than(1)the continuation,recurrence, or onset of a serious health condition which would entitle you to FMLA leave; or(2) other circumstances beyond your control,you may be required to reimburse the City of Buffalo for your share of health insurance premiums paid on your behalf during your FMLA leave. 3 If you participate in our medical/dental insurance plans,you must pay your employee contributions during the period of FMLA leave. I 65 NIAGARA SQUARE/1014 CITY HALL/BUFFALO,NY 14202-3310/(716)851-5900/FAX:(716)851-5828 i While on leave, you may be required to furnish us with periodic reports of your status and intent to return to work. If the circumstances of your leave change and you are able to return to work earlier than the date indicated on the first page, you must notify us at least two work days prior to the date you intend to report for work. Should you have any questions,please call me at 716-851-9619. Sincerely, AStephe DuBard Compensation and Benefits Specialist cc: Daniel Derenda, Commissioner of Police Joyce DiGiulio,Report Technician 3 1 I 1 THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY EMPLOYER \, l No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority a City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board i i 3 Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board I Zoning Board of Appeals RECEIVED AND FILED Oct 13,2015 `� { 1 XAn i 1 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1 TO: THE COMMON COUNCIL: DATE October 7, 2015 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on October 7, 2015, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt,Assistant Vice Chairman Eleanor Petrucci, Secretary Absent: John D. Kennedy Sr., Vice Chairman DEPARTMENT HEAD NAME:_ Oluwole A. McFoy, P.E. TITLE: General Manager SIGNATURE OF DEPARTMENT HEAD: a 3 i 1 YU i I #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE September 24, 2015 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE a ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on September 23, 2015, in Room 1038 City Hall: Herbert L. Bellamy, Jr.,JrChairman John D. Kennedy Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor Petrucci, Secretary Absent: none DEPARTMENT HEAD NAME: Oluwole A. McFo, TITLE: General Manager SIGNATURE OF DEPARTMENT HEAD: I a S 1 i!I i 7i 1 #4(Rev 7-07) ;.� � :w 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: September 30, 2015 in the Department of Common Council Division of Masten Council District to the Position of Assistant Legislative Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSI Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 30,123 LAST JOB TITLE NAME Veola D. Brooks 1 LAST DEPARTMENT DATE ADDRESS 261 Rodney Ave LAST SALARY CITY&ZIP Buffalo, 14214 LAST 4 DIGITS OF SSN. XXX-XX-3707 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY&ZIP LAST 4 DIGITS OF SSN. XXX-XX- PUMPTEW BUDGET ORG. CODE 10104001 TITLE CODE NO 3704 I BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5606 SALARY RANGE OF POSITION 30,123 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: i NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski j TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: September 30, 2015 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8--EMPLOYEE(S) I I i No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. V, ek Mr. _L moved the approval of the appointments to the position of Council Intern. ADOPTED. i 1 i i Oct 13,2015 i i #4(Rev 7-07) 1�6� 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: October 5, 2015 in the Department of Common Council Division of Ellicott Council District to the Position of Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSIFtED Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.85 LAST JOB TITLE 3580 NAME Monica Lewis LAST DEPARTMENT Common Council DATE 01/15 ADDRESS 14 Dartmouth Lower LAST SALARY 41,163 CITY&ZIP Buffalo, 14215 LAST 4 DIGITS OF SSN. XXX-XX-1217 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 10102001 TITLE CODE NO 1778 j BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5605 I SALARY RANGE OF POSITION $12.85 PER YEAR DAY HOUR HOUR i REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: October 5, 2015 ri'f SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8 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: October 8, 2015 in the Department of Common Council Division of Delaware Council District to the Position of Intern VIII 3 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 $ 15.00 LAST JOB TITLE NAME Nina M. Jack LAST DEPARTMENT DATE ADDRESS 52 W Winspear Ave LAST SALARY CITY&ZIP Buffalo, 14214 LAST 4 DIGITS OF SSN. XXX-XX-3473 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 10102001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5604 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk { DATE: Oct ber 8, 2015 j ! SIGNATURE OF APPOINTING AUTHORITY: C 1 • I - u ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) i No. Notices of Appointments - Council Interns 3 I transmit herewith appointments to the position of Council Intern. P, nc, Mr. «. moved the approval of the appointments to the position of Council Intern. ADOPTED. i i i I Oct 13,2015 #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: October 8, 2015 in the Department of Common Council Division of Masten Council District to the Position of 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 $ 12.85 LAST JOB TITLE NAME Myra Lewis LAST DEPARTMENT DATE ADDRESS 116 Durham Avenue LAST SALARY CITY&ZIP Buffalo, 14215 LAST 4 DIGITS OF SSN. XXX-XX-4260 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 10102001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5605 SALARY RANGE OF POSITION $12.85 PER YEAR DAY HOUR HOUR 1 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tianna M. Marks TITLE OF APPOINTING. AUTHORITY: Deputy City Clerk DATE: Octojber 8, 2015 E SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) I i #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: October 8, 2015 in the Department of Common Council Division of Masten Council District to the Position of Intern VIII i a 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 $ 15.00 LAST JOB TITLE NAME LaMone Gibson LAST DEPARTMENT DATE ADDRESS 28 French Street LAST SALARY CITY&ZIP Buffalo, 14211 LAST 4 DIGITS OF SSN. XXX-XX-5453 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 10102001 TITLE CODE NO 1777 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5604 I SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT.ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tianna M. Marks TITLE OF APPOINTING. AUTHORITY: Deputy City Clerk DATE: Oct ber 8, 2015 1 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) i 02 "i FrJ � �j I No. i a 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. a r I I I 3 1 1 i I Oct 13,2015 1 #4(Rev 7-07) Certificate of Appointment l� 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 Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) REARONIA� Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary): Starting Salary of $ 12.85 hr. LAST JOB TITLE NAME Stephen Brucato LAST DEPARTMENT DATE ADDRESS 47 Avery Ave. LAST SALARY CITY&ZIP Buffalo 14216 i LAST 4 DIGITS OF SSN. XXX-XX-1568 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 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-067 SALARY RANGE OF POSITION $12.85 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ;A5w. Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9/28/15 SIGNATURE OF APPOINTING AUTHORITY: e -J'� f j ORIGINAL+2 C P TO: CITY CLERK ON/BEFORE APPOINTMENT DATE OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) i I i #4(Rev 7-07) [I 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: js in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II i . Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) 3€A6 Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary): Starting Salary of $ 12.85 hr. LAST JOB TITLE NAME Ryan McCleary LAST DEPARTMENT DATE ADDRESS 102 Hinman LAST SALARY CITY&ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX-XX-1261 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 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-67 SALARY RANGE OF POSITION $12.85 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: �' Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10/1/15 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COP-�STO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) I i 0 mi a 1� \ 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). 1 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 933 dj 3 7 2 1 i Oct 13,2015 I #4(Rev 7-07) Certificate of Appointment VIP 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: ij 115- in the Department of Public Works, Parks & Streets Division of Streets to the Position of Street Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORnov Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 24,000 (Step 11) LAST JOB TITLE Laborer II Seasonal NAME John Snyder LAST DEPARTMENT DPW DATE 10/15 ADDRESS 1242 Tonawanda St. LAST SALARY $12.85 hr. CITY&ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX-XX-7347 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 52002601 TITLE CODE NO 5010 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2014-204 SALARY RANGE OF POSITION $24,000 -$36,978 PER YEAR DAY HOUR YEAR i REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ,: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 10/1/15 SIGNATURE OF APPOINTING AUTHORITY: 'J� ORIGINAL+2 CPI S TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) 9 OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET fl #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 Public Works, Parks & Streets Division of Streets to the Position of Street Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEnnononev Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 24,000 (Step 11) LAST JOB TITLE Laborer II Seasonal NAME Markis Loder LAST DEPARTMENT DPW DATE 10/15 ADDRESS 153 Donaldson Ave. LAST SALARY $12.85 hr. CITY&ZIP Buffalo 14209 LAST 4 DIGITS OF SSN. XXX-XX-5179 i • 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 52002601 TITLE CODE NO 5010 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-075 j SALARY RANGE OF POSITION $24,000 -$36,978 PER YEAR DAY HOUR YEAR I r REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10/1/15 SIGNATURE OF APPOINTING AUTHORITY: d`' ORIGINAL+2 cq /-STO: `CITY CLERK (ON/BEFORE APPOINTMENT DATE) i OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET I #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) i #4(Rev 7-07) / Certificate of Appointment l0. 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: I® f S' in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TGnnonoAQv Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 24,000 (Step 11) LAST JOB TITLE NAME Paul Ventola LAST DEPARTMENT DATE ADDRESS 118 Taunton PI. LAST SALARY CITY&ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX-XX-2433 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 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-048 SALARY RANGE OF POSITION $24,000 -$37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: hi` Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10/1/15 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) 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: 10/5/15 in the Department of Admin. & Finance, Policy, & Urban Affairs Division of Purchase to the Position of Buyer Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional, Non-Competitive, (Insert one) PROMOTIONALOPEN GOMPETiTIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 50,034 LAST JOB TITLE Junior Buyer NAME Marlena Barker LAST DEPARTMENT Purchase DATE 9/1/15 ADDRESS 251 Whitney Place LAST SALARY $44,412 CITY&ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN. XXX-XX-5099 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 117680001 TITLE CODE NO 1180 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-066 SALARY RANGE OF POSITION $50,034-$57,788 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: William L. Sunderlin TITLE OF APPOINTING. AUTHORITY: Director of Purchase DATE: 9/23/15 SIGNATURE OF APPOINTING AUTHORITY: E ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) 1 ell #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: 10/5/2015 in the Department of Administration & Finance Division of Budget to the Position of Sr. Management Analyst Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 58,133 LAST JOB TITLE Management Analyst NAME Raymour Nosworthy LAST DEPARTMENT Administration & Finance DATE ADDRESS 156 Nicholson St. LAST SALARY $57.195 CITY&ZIP Buffalo, New York 14216 LAST 4 DIGITS OF SSN. XXX-XX-4884 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 1150001 TITLE CODE NO 0770 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-082 SALARY RANGE OF POSITION $58,133-$68,674 PER YEAR DAY HOUR YEAR 1 REASON FOR APPT.ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING AUTHORITY: DATE: t SIGNATURE OF APPOINTING AUTHORITY: J ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) i i #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: October 6, 2015 in the Department of Law Division of to the Position of Law Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORA Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 12.85/hr LAST JOB TITLE NAME Richard Rogers LAST DEPARTMENT DATE ADDRESS 404 West Utica LAST SALARY CITY&ZIP Buffalo, NY 14222 LAST 4 DIGITS OF SSN. XXX-XX-XXXX 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 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-084 SALARY RANGE OF POSITION $12.85/hr PER YEAR DAY HOUR HOUR i REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Timothy A. Ball TITLE OF APPOINTING. AUTHORITY: Corporation Counsel DATE: October 6, 2015 SIGNATURE OF APPOINTING AUTHORITY: /(/ �-- ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) q� NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS 3 t 3 I I Z I Oct 13,2015 I A C L LLP Corey A. Auerbach Associate October 6, 2015 Via Hand Delivery City of Buffalo Common Council City Hall 65 Niagara Square Buffalo,NY 14202 Re: Nickel City Shredding& Recycling Honorable Members of the Common Council: Please accept this letter in response to the information submitted by Falls Metal Recycling ("Falls Metal"), a business competitor attempting to keep new investment and high paying jobs out of the City of Buffalo. At best,their concerns about health and safety are disingenuous and, at worst, a false and misleading attack on a reputable family of businesses. However illegitimate, we have synthetized their claims into five categories, and appreciate the opportunity to correct the record. Shredder Operations: Nickel City Shredding &Recycling is proposing to operate a 4000 Hp DC electric vehicle/metal shredder(the "Shredder") with a maximum throughput capacity of 100 tons/hr, using an integral Smart Water Injection system as fire/explosion suppression and particulate control. Business hours will be limited to 7 a.m. to 6 p.m. Monday through Friday, 7 a.m. to 4 p.m. Saturday and 8 a.m. to 2 p.m. Sunday. No shredder operations will be conducted outside of weekday business hours. {' Noise: Limiting shredder operations as indicated will mitigate noise impacts. Based upon modeling, noise levels at full production are expected to be around 80 decibels at a 250 foot distance. This is comparable to the sound of a telephone dial tone. An exhibit demonstrating approximate noise levels during operation for a larger, 6,000 Hp shredder is attached as Exhibit A. The closest residential area is estimated at more than 1,000 feet away. As will be discussed more fully below, exaggerated allegations of noise generated by"hundreds of trucks potentially per day" is overblown rhetoric. Noise levels will also be mitigated by replacing heavy "tracked" equipment with rubber tire alternatives. 9276 Main Street--Suite 3--Clarence, New York 14031-1913 barclaydamon.com 9X i cauerbach@barclaydamon.com Direct:716.858.3801 Fax: 716-759-9131 e h , October 6, 2015 Page 2 Emissions: There will be no harmful air emissions from the proposed operation due to state-of-the-art air handling system which will be installed, utilizing "zero bleed"technology. This is a closed loop system, designed to eliminate any bleed off to the atmosphere. Coincidentally, this is substantially similar to the system proposed by Falls Metal as part of a proposed operation in the City of Niagara Falls. A letter submitted by Adam S. Walters on behalf of Falls Metal describing that system is attached as Exhibit B. It should be noted that despite Falls Metal's representations to the City of Niagara Falls, no facility was ever developed there, as anticipated. Fires and Explosions: As indicated, the Shredder employs an integral Smart Water a Injection system as fire/explosion suppression and particulate control. As noted in the American Metals Market article attached to Falls Metal's letter as Exhibit Q, scrap yard fires generally have few if any injuries and no danger outside of the facilities. To best prepare first responders, they recommend a strong and continuing relationship with the fire department, including visits to the facility and meeting employees. Nickel City will employ these best practices and work with local fire officials to best protect health and safety should a fire occur. Automotive Shredder Residue (ASR): ASR or"fluff'will be removed from the site for processing at a local facility in Erie County. Excluding days in which the local facility is closed, ASR will be removed from the site on a daily basis. A new perimeter fence on the river-side of the property will eliminate the possibility of any ASR finding its way into the River. Contamination from pollutants: As indicated, the Shredder is equipped with an integral Smart Water Injection system as a fire/explosion suppression and for particulate emissions control. No process water is generated. The system is designed to inject the exact amount of water for these purposes and any excess water is evaporated by the heat generated in the shredding process. The downstream z-box separator is equipped with a cyclone and exhaust fan for particulate control and does not use water. There are no underground storage tanks on site. Existing above ground tanks are registered with the NYSDEC. Those not needed will be removed prior to closing and those required for Nickel City operations will be operate in compliance with all applicable requirements. The existing Gerdau facility is currently listed as a small quantity generator of hazardous waste. Nickel City does not anticipate generating hazardous waste. Materials are managed for recycle and reclaim. Emissions from the shredder are regulated by the NYSDEC Air Registration and controlled with Smart Water injection system as described above. Further,Nickel City intends to install a closed-loop system, like an Osborn Engineering Zero-Bleed and Cascade Cleaning System which will eliminate air emissions by continuous reinjection. i Public Health and Safety: 3 j Traffic: Traffic volume at peak time is estimated to be around 10-12 vehicles per hour. It is anticipated that 75% of the vehicle trips will be from inbound/outbound trucks and 25% from retail peddlers. This equates to around 120 vehicle trips per day, a far cry from the"several hundred vehicles per day" alleged by Falls Metal. By company policy, all company vehicles and commercial vendors will be restricted from traveling on the section of Ohio Street between the Michigan Street Bridge and Louisiana Street to access the facility. I October 6, 2015 Page 3 Weitsman Family of Businesses: Falls Metal has taken great pains attempting to discredit the business operations of the Weitsman Family of Businesses. They have cobbled together a conglomeration of cherry picked newspaper articles, civil complaints, anonymous comments from the internet, conjecture, accusations, conspiracy theories etc. to support their thesis that: "The Weitsman's Operation Have a Poor Record." The task of uncovering this information was seemingly so difficult, we are advised that the services of a private investigator were required. Setting the record straight was a much easier task. Rather than relying on second hand sources, we contacted elected leaders, law enforcement officials, development officials and community representatives to describe, firsthand, about their actual experiences. The response was overwhelming. Town Supervisors, Mayors, a County Executive, Police Chief and Undersheriff, member of the Assembly and a number of Economic Development Officials,to name a few, directly contradict Falls Metal's claims. While the full text of each letter is attached as Exhibit C, some highlights follow: "I am writing to offer my support on behalf of Upstate Shredding— Weitsman Recycling for its proposal to expand operations into Buffalo. This company and its owners have been tremendous partners in economic development and job creation in the Southern Tier, as well as good corporate citizens through environmentally friendly business practices and philanthropic endeavors. " Donna Lupardo,Member of Assembly "I write to you today to outline what a positive impact Upstate Shredding has had on our community.... Year after year, they exceed stringent DEC standards when it comes to the environment.... In addition to employing hundreds of our resident, the Weitsman family has stepped up to the plate with their generosity, giving back to our community by supporting many local charitable causes. " Debbie Preston—Broome County Executive "[Kim and Adam Weitsman]run a professional, clean, and quiet operation. They also treat their workers like members of their own family. " Jason Garner-Broome County Legislator "Since acquiring Genesee Scrap (as it was formerly known) several years ago, Ben Weitsman of Rochester has proven to be a great asset to our community, adding much needed revenue,jobs and opportunity to the region....In addition, the company has been a good corporate citizen, always looking to assist the community with its needs as well as proactively being a good neighbor to those surrounding the facility. " Lovely Warren,Mayor, City of Rochester "The list of positive impacts the Southern Tier region has experienced as a result of the Weitsman family is comprehensive and includes job creation, tax benefit, charitable I contributions, community support, and environmental consciousness....The Weitsman's have demonstrated excellent environmental stewardship at all of their locations making energy efficient upgrades whenever possible and always putting forth a clean and professional atmosphere. " Richard C. David—Mayor, City of Binghamton V October 6, 2015 0 Page 4 "...the town of Brant is very happy with the Weitsman purchase of Brant Auto recycling in August of 2014. During that time they have transformed a facility that was abused through the years into a very positive environmentally friendly recycling enterprise for the Town of Brant. " Leonard Pero—Supervisor, Town of Brant "We also have a Weitsman Recycling facility in the Town of Geddes and since its arrival; it has made a positive impact on our Community. The property is well maintained and paved, and the surrounding area is well kept and clean. " Many J. Falcone, Jr.— Supervisor,Town of Geddes "In all of my dealings with Mr. Weitsman and or his business I have found that most incidents can be dealt with by a simply phone call or visit. Most times Mr. Weitsman himself will resolve the situation swiftly without hesitation. " Karen L. Viti—Owego Chief of Police "Upstate Shredding, LLC, Weitsman Recycling, LLC cooperates fully with the Broome County Sherriffs Office in response to any criminal investigations or other law enforcement matters. When we request information related to any criminal investigation, they quickly provide the requested information and any necessary documentation. They are always willing to assist us in any way. " Eric C. Janis—Broome County Undersheriff "Lastly, Weitsman's of Jamestown has been a very cooperative partner with the Jamestown Police Department to help catch criminals stealing valuable scrap metal from homes and businesses. We can always count on their vigilant proactive cooperation in that respect. I am confident in my statement that Weitsman's has been a very responsible business in Jamestown, and one that the City of Buffalo should give due consideration for their desire to operate a yard in the City. " Vince Dejoy—City of Jamestown Director of Development Site Plan: Falls Metal has alleged that Site Plan Approval is required and the Council should not issue the requested permit until such review is undertaken. As the Council is aware, Citywide Design and Site Plan is only required as a prior approval to a building permit. If, at any time, a building permit application is filed,the Commissioner of Building will determine what, if any, prior approvals must be completed before the building permit will be issued. State Environmental Quality Review Act/Restricted Use Permit: A Short Environmental Assessment Form has been provided for this unlisted action. i Unlisted actions do not carry with them the same likelihood of requiring an EIS that is associated with Type I actions. With the supplemental information provided herein, we have demonstrated that the action will not have a significant adverse environmental impact. Accordingly, based on the foregoing, we respectfully request that a negative declaration be granted and the restricted use permit approved. REFERRED TO THE COMMITTEE Very truly yours, ,� � p/pp ,ON 9 V LEGISLATION. Corey . Auerbach I J ' �\ :I I i i ���� I 1 i i I 6 0_!o z i 99p ,i 6B tj _ _ \ _ ow m ca w 0 F= wQO .j •\ $ /,� w z to D (Y Oza �.• P OOZ Pgig �• a (n emmmme6iJS .i-�- L� Z_ ooh ig a w ~mow wo- F =a 3 �o � t s & LL,Zz FQ 8=` NQp �Jw 3 ¢ Kak wa WHO 22 Z_ W F W mmm mmmmmm ammg Or '5 8� «6$83tRA a Sd, Zoa oaln �.-..WO i- zoo o e t e _�� mew ..�0 b r p g 96�er°d to Oz 0. i - MOM2%�qo sh �" ;� � (Y : � $bi! 65 E.g u "� Eq�g' oN. ev� � UaN LLI O?O w Et $, CL p Z F- Sao �o$ s , � ���� 1 i a i �� I i I 3 i 1 ;, a s 1 xc: PB Piembers Phillips Lytle LLP Tom DeSantis Senior Planner June 30,2011 City of Niagara Falls City Hall,Room 305 745 Main Street ' P.O. Box 69 Niagara Falls, NY 14302-0069 Re: Falls Metal Recycling Site Plan Approval for Proposed Metal Recycling Facility ("Project" or"Facility") Dear Mr. DeSantis: As you know, we represent Falls Metal Recycling LTC with regard to the Project which lizch received final site plan approval from the Planning Board on June 8, 2011. During the application process, representatives of Falls Metal Recycling explained to the Planning Board (more than once), that there are no harmful air emissions from the proposed shredder due to a state-of-the art air handling system designed by Osborn Engineering which will be installed utilizing"zero bleed" technology. For your reference only, we enclose documentation on Osborn Engineering's "Zero Bleed"Systeme. As you will see from the materials, the Zero Bleed System installed in conjunction with an Osborn Cascade Cleaning System (which will also be installed at the Facility) ensures no air emissions from the shredding operation.. In essence, it is a closed loop system with the air stack from the Cascade Cleaning System being re-injected back into the air handling system via the Zero Bleed components. 111 addition, by way of a project schedule update, based on recent discussions with suppliers, Falls Metal Recycling,anticipates that it will take 22 to 24 weeks from the time the major equipment is ordered to install all equipment and begin operations. i Now that Planning Board approval has been received,Falls Metal Recycling is working through some final matters and looks to be in a position to order equipment by the end of July. This will make the Facility operational sometime in late 2011 or early 2012. i AT'I'ORNFYS AT LA%V ADAM S. WALTERS. PARTNER DIRECT 716 847 7023 AV?ALTI'RS6:PHIL1 IpSI.YTLE.f:OM 3400 HSBC CENTER BUFFALO, NY 14203.7.887 PHONE 716 847 8400 FAX 716 852 6100 BUFFALO ALBANY CHAUTAUQUA GAROLN C1 fY NCW YORK ROCI.ICSTL'R I`V`I.P14ILL1PSLYTJ-e.00N Torn DeSantis June 30,201.1 Page 2 If you have any questions, please do not hesitate to contact me. Very trulYyours, Phillips Lytle LLP B j Adam S. Walters ASW/pjs Enclosures cc: David Simon(w/enclosures) Doc#01-2482003.1 i 1 I i rA t { M1`h� f11 NNot NMI, :f r, utt jt4'a rta.rtae --�' 40 - } = r {y Our solution �� 14�� �.. son to your t recycling puzzle. . r Provide all thecorrect �� ,�•� � x"'10. �. pieces, 3 utitSUHN r"Nanhim WE mufti m N's i 3 INCM RECYCLING SYSTEMS AND SOLUTIONS Tulsa, OK 918.584-5884 Peoria, IL 309-383-2878 �bA Zero Bleed Description Osborn Engineering's "ZeroBleed" System ® (patent pending) is a modification to be added to existing or new Air Classifier Systems which use a "Closed Loop" design for separating light from heavy fraction, The purpose of this system is to eliminate any bleed off air to atmosphere. For the wellbeing of the environment, this will result in the elimination of particulate being emitted into the atmosphere. For the benefit of the equipment operator, this will result in the elimination of an emission source which requires permitting with the presiding authority, Typical metal shredder processes use Air Classifier systems in the process. The primary use is for separating shredded steel from shredder fluff(nonmetals). Depending on the original equipment supplier's design, the bleedoff to atmosphere generally ranges from 5% to 1o% of the total air being circulated in the closed loop system. Most systems are operating at a volume and pressure that will accommodate the worst conditions relating to the process to provide the best results. This generally results in excessive air volume for normal operating conditions. Another application in the metal shredder processes is to separate nonferrous lighter metals from shredder fluff(non-metals). Excessive air flow results in a loss of metals. Bleedoff air to atmosphere is required for all current existing technology air classifier systems because the solid product which is to be classified, allows ambient air to leak into the system with the product. Due to the configuration of these air classifier systems, the air that leaks in must be exhausted to atmosphere, after the separation process has been accomplished. If the excess air is not bled to atmosphere, the system will become unbalanced causing various other undesirable areas to pressurize and attempt to leak, finally causing a degradation of process quality and uncontrolled dust leakage to atmosphere. The "ZeroBleed" System ®is designed with 4 major components for accomplishing the task of no exhaust to atmosphere, while not affecting process quality. These components consist of: 1. Balance Airgate to allow solid process material to enter the air classifier chamber while minimizing the leakage of ambient air into the same chamber. 2. Re-injection Nozzle & Duct for connecting to the original bleedoff stack and positioning adjacent to the Balance Airgate, 3. Secondary Rubber & Metal Seals mounted upstream of the Re-injection Nozzle, to eliminate the remaining pressure differential between atmospheric air and residual internal negative pressure. 4. Variable f=requency inverter Control for providing optimum air flow for all process j conditions without needing "worst case" excessive air volume, and maximizing the I "ZeroBleed"System® performance The "ZeroBleed" System ® is easily retrofittable to all Osborn Engineering, Inc. Cascade Cleaning Systems. They can also be adapted with the same ease to other suppliers air classifiers; such as the TSI "Z Box", Newell "Zigzag Box", American Pulverizer's Cascade copy, ' and any other brand using a "Closed Loop" Design. Adaptations will require additional 1 engineering for interface to the "ZeroBleed" System 3 j While the "ZeroBleed" System ® does eliminate the exhaust stack and exhaust emissions, and should therefore logically eliminate the need to submit to an re y presiding authority, Osborn Engineering recommends that you contact your local consultant regarding permit procedures. { fj c OV U IBJ 3 , � _ � i �,— �s � ' rm,— '� 4 � '� I � iy I � �\ ,, — .�\�.` '� � � � ,,, 1 's �c j � � —; ra 1 :a I 4 \9 i w 3 a� 1 a a THE ASSEMBLYCHAIR STATE OF NEW YORK Committee on Children and Families ALBANY Ir COMMITTEES Economic Development,Job Creation, Pxcet.sfo4 Commerce and Industry Environmental Conservation DONNA A.LUPARDO Higher Education Member of Assembly Transportation 123`d District September 23,2015 Christopher P.Scanlon,Chairman South District Common Council Member 1401 City Hall 3 Buffalo,NY 14202 Dear Chairman Scanlon: I am writing to offer my support on behalf of Upstate Shredding-Weitsman Recycling for its proposal to expand operations into Buffalo.This company and its owners have been tremendous partners in economic development and job creation in the Southern Tier, as well as good corporate citizens through environmentally-friendly business practices and philanthropic endeavors. Headquartered in Owego,Upstate Shredding-Weitsman Recycling employs more than 300 people company-wide and continues to grow.During a time when many businesses have struggled,this company has remained viable, providing important jobs and development that has helped anchor our local economy. This growth continues as Upstate Shredding has plans to bring a$5.5 million dry media plant to the area. It is worth noting that this company is involved with the REDC and is part of the Upstate Revitalization Initiative. The Weitsmans' continually give back to the community that helped them grow into the nationally-recognized businesses they are known as today.Their charitable contributions are well-known throughout the community, generously giving to numerous non-profits and local organizations.After the devastating floods of 2011, the Weitsman family provided support for many who lost everything. 3 I am happy to provide any additional information you may need regarding Upstate Shredding -Weitsman Recycling. Sincerely, Donna A.Lupardo Member of Assembly ALBANY OFFICE: Room 626,Legislative Office Building,Albany,New York 12248•518-455-5431,FAX 518-455-5693 DISTRICT OFFICE: State Office Building,17th Floor,44 Hawley Street,Binghamton,New York 13901-4416•607-723-9047,FAX 607-723-9313 E-MAIL:lupardod@assembly.state.ny.us I $tNGJ� \. OFFICE OF THE MAYOR z s • N.Y. Richard C. David,Mayor Jared M. Kraham, Deputy Donna Ferranti, Secretary September 23, 2015 Christopher P. Scanlon—Chairman South District Common Council Member 1401 City Hall Buffalo,NY 14202 Re: Upstate Shredding-Weitsman Recycling Dear Mr. Scanlon: I am writing to you today in regards to Mrs. Kim Weitsman's proposed project to develop a new scrap metal processing facility in the City of Buffalo. The Weitsman family of companies has brought many benefits to the City of Binghamton and Southern Tier region of New York and I am confident the same philosophy on corporate citizenship would be brought to your community 3 as well. The Weitsman family and Upstate Shredding have been an integral part of the Southern Tier economy since 1938. The company headquarters is in Owego,NY and as it currently employs 328 individuals in 14 operating locations, it has become a vital component of the New York State economy. The company has been recognized on the national level as a leader in the scrap metal industry, receiving numerous awards for its operations and business practices, including the 2015 American Metal Market Company of the Year, the 2014 Platts Global Metal Awards— Industry Leadership Award in Scrap & Recycling, the 2014 New York League of Conservation Voters Award for Environmental Excellence, and the 2010 Tioga County Business of the Year award. The list ofositive impacts the Southern Tier region has experienced as a result of the Weitsman p p g p family is comprehensive and includes job creation, tax benefits, charitable contributions, community support, and environmental consciousness. The company has continued to grow its employment levels and has consistently demonstrated a commitment to offer very competitive wages and benefits packages. Further, its commitment to hire hard-to-place workers is like no other with successful programs for veterans and individuals with criminal histories. i The Weitsman's have demonstrated excellent environmental stewardship at all of their locations making energy efficient upgrades whenever possible and always putting forth a clean and professional atmosphere. Lastly, I cannot stress enough how important and impactful the Weitsman's contributions and support in the community are. Whenever our community is in CITY HALL - 38 HAWLEY STREET - BINGHAMTON, NY 13901 - WWW.BINGHAMTON-NY.GOV PH: (607) 772-7001 - FX: (607) 772-7079 need of support, the Weitsman family is there. Notable charitable acts include donating $100,000 for flood relief efforts in the Southern Tier, tens of thousands of dollars to local fire departments, and countless donations to women's and children's charities. The Weitsman family of companies has been a bright spot in the Southern Tier regional economy which has been negatively impacted by the loss of much of its manufacturing base, by natural disasters, and by a decrease in population. I feel confident in supporting Mrs. Weitsman's project in Buffalo and it is my opinion that this company's presence would be a highlight in the local and regional economic landscape of Western New York. Please feel free to contact me with any questions as I would be happy to discuss my opinions at anytime. Best Rega s, Richard C. David Mayor 3 City of Rochester Lovely A.Warren City Hall Room 308A,30 Church Street Mayor Rochester, New York 14614-1290 www.cityofrochester.gov September 24, 2015 Christopher P. Scanlon—Chairman South District Common Council Member 1401 City Hall Buffalo, New York 14202 Dear Councilman Scanlon, am writing to express my support for a new Buffalo scrap metal facility, Nickel City Shredding and Recycling, which will be owned and operated by Kim Weitsman. Kim Weitsman, along with her husband Adam, own and operate Ben Weitsman of Rochester at 80 Steel Street here in Rochester, New York. Since acquiring Genesee Scrap ( as it was formerly known) several years ago, Ben Weitsman of Rochester has proven to be a great asset to our community, adding much needed revenue,jobs and opportunity to the region. In addition,the company has been a good corporate citizen, always looking to assist the community with its needs as well as proactively being a good neighbor to those surrounding the facility, Nickel City would be a good asset to the City of Buffalo and it is my sincere recommendation that the Council approve a facility for the City so you,too, can experience all of the good that the company will bring to those within your community. Please do not hesitate to contact me with any questions. 4Th you. 9 i 3 t reg ds, 1� Lovely Warren Mayor, City of Rochester City Hall 30 Church Street, Room 307 A Rochester, New York 14614 Phone: 585-428-7045 Email: mayor.. ..cityofrocbes er.clov Phone.585.428.7045 Fax:585.428.6059 TTY:585.428.6054 EEO/ADA Employer I Office of the Broome County Executive IN "The People's Office" Debra A. Preston, County Executive September 24,2015 Christopher P.Scanlon-Chairman South District Common Council Member 1401 City Hall Buffalo, NY 14202 a Chairman Scanlon, a My name is Debbie Preston and I am the Broome County Executive. I write to you today to outline what a positive impact Upstate Shredding has had on our community. Upstate Shredding and the Weitsman family are dedicated to helping the entire Southern Tier. They started their business here,expanded it here and continue to operate it from their headquarters in the Southern Tier. The Weitsman family never takes shortcuts. They spent tens of millions of dollars to convert a very depressed area at a major gateway to our community into a first class facility, adding real value to the entire neighborhood in which the company was founded. Year after year, they exceed stringent DEC standards when it comes to the environment. And, on top of that, Upstate Shredding employs hundreds of local people,keeping jobs in an area of NYS with an unemployment rate of 6%. Without businesses like Upstate Shredding, that number would be significantly higher. In addition to employing hundreds of our residents, the Weitsman family has stepped up to the plate with their generosity,giving back to our community by supporting many local charitable causes. I strongly urge you to consider partnering with them to open a new facility in your community as I know you will not be disappointed. Please feel free to contact me with questions. Thank you for your time. I Sincerely, Debbie Preston Broome County Executive Broome County Office Building .60 Hawley Street . P.O. Box 1766 . Binghamton,New York 13902 (607)778-2109 . Fax(607)778-2044 . www.gobroomecounty.com Jason Garnar Broome County Legislator 564 Chenango Street Binghamton,NY 13901 i September 23, 2015 I Christopher P. Scanlon-Chairman South District Common Council Member 1401 City Hall Buffalo,NY 14202 3 Dear Chairman Scanlon: I'm writing you today in support of Kim and Adam Weitsman. They are not only good corporate citizens,they are truly dedicated to the communities in which they live and work. l I have represented Broome County for over 8 years. Their company has a facility in my legislative district and I have not received one complaint about this facility in my 5 terms in public office. They run a professional,clean, and quiet operation. They also treat their workers like members of their awn family. Adam and Kim run a very successful company and they share their success with their workers. I know several people who work for them. They are happy,they are well-paid,and the company regularly takes their employees to after work events. Adam and Kim run their company like a family and they treat their workers with the utmost respect. Not only are Adam and Kim wonderful employers but they give back to this community in countless ways. I have never seen Kim or Adam refuse a request for a donation. There are too many examples of their charitable efforts to list here. When the local fire department needed money because of budget problems, Kim and Adam donated to them not just for that year,but for the next 5 years. When a legendary local restaurant closed its doors,Kim and Adam bought it,put a ton of money into renovations,and it is now an incredibly successful restaurant again, and Kim and Adam are donating all of the restaurant profits to local charities. These are just a few of the many examples of Kim and Adam giving back to the local community. j In short, Kim and Adam have been a tremendous asset to our community. From running an incredibly successful business that employs a large number of people in our i community to their many charitable efforts, I only wish we had many more employers like Kim and Adam Weitsman in Broome County. Sincerely, Jason Garnar Broome County Legislator �" J of SUPERVISOR a ' Leonard K. Pero 716-549-0301 opt#; Town of Brant TOWN CLERK Ey d Barbara J Daniel _yam' 716-549-0282 opt# Erie County New York st.183Si COUNCILMAN Mark DeCarlo Y o� Chad Kaczmarek Donald Clark September 23,2015 Christopher P. Scanlon Chairman i South District Common Council Dear Sir, For your information about Upstate Shredding& Weitsman Recycling,the Town of Brant is very happy with the Weitsman purchase of Brant Auto recycling in August of 2014. During this time they have transformed a facility that was abused through the years into a very positive environmentally friendly recycling enterprise for the Town of Brant. They have approxametly 8-10 employees and their growth from the previous owners has tripled in less than a year.The original Scrap yard(Junk Yard)was created in 1938 and of course regulations were not what they are today. The original owners sold the business in 2005 to individuals that did do some cleaning up and upgraded the facility. Since Ben Weitsman has been involved he promised to make the facility a grade A business that the Town of Brant could be proud of Ben Weitsman has done everything he has promised and is in the process of painting and paving the entire facility to out down any dust contaminate and he is installing a decorative block wall to block the view of the operation. Weitsman is concerned about green space and is in the process of planting trees and grass in areas of the facility to make it more platable to the surrounding residents, instead of an eyesore that had many environmental issues; he has addressed these issues and made it a business that any community would be proud of. Sincerely, Leonard K. Pero Supervisor Town of Brant i i t j 1272 Brant North Collins Rd,PO Box 228;Brant, New York 14027 PH (716)549-0282 (716)549-0623 TDD NY RELAY 1-800-662-1220 "The Town of Brant is an equal opportunity provider,and employer. If you wish to file a Civil Rights program complaint of discrimination,complete the USDA Program Discrimination Complaint Form,found online at httl2://www.ascr.usda.gov/complaint filing cust.htmlor at any USDA office,or call (866)632-9992 to request the form.You may also write a letter containing all of the information requested in the form.Send your completed complaint form or letter to us by mail at U.S.Department of Agriculture,Director;Office of Adjudication,1400 Independence Avenue,S.W.,Washington,D.C.20250-9410,by fax(202)690-7442 or email at program.intake@usda.gov." 561ewl cp/ TOWN SUPERVISOR 1000 Woods Road ' Syracuse, New York 13209 1-5 (315)468.3600 x I September 23, 2015 Mr. Christopher P. Scanlon—Chairman South District Common Council Member 1401 City Hall Buffalo,New York 14202 Dear Mr. Scanlon: I am writing with regards to Upstate Shredding—Weitsman Recycling in support of their new venture with a possible location in the Buffalo area. We also have a Weitsman Recycling facility in the Town of Geddes and since its arrival; it has made a positive impact to our Community. The property is well maintained and paved,and the surrounding area is-well kept and clean. It has brought growth and jobs to this area. As well as the business side of Weitsman Recycling, they also indulge in local fundraising and charitable events which also help our Community and individuals. It has been a pleasure working with them thus far and we look forward to the future impacts they can make. If you would like to contact me at any time my number is 315-489-6855. Thank you for your time and consideration. Sincerely, Manny J. Falcone,Jr. Geddes Town Supervisor EJF/erc i �r4tabliehed h 1848 Dear Chairman Scanlon: j 1 recently learned of the proposal involving Upstate Shredding-Weitsman Recycling. I write to you today to offer a unique perspective on the incredibly positive impact that Upstate Shredding-Weitsman Recycling, and the Weitsman's personally have had in Central New York in the five years they've operated locally. As a Town Councilor, I am often wary of business owners and developers coming into an area with promises of revenue and streets paved with gold,only to devalue the community they entered once the ink on the deal is dry.This fear could not have been further from reality in my experience with the Weitsman team; in fact their operations continue to exceed my expectations of the very best case scenario. In January 2010,the same month I was appointed to the Town Board, Upstate Shredding, LLC,announced the Company's upcoming acquisition of Matlow Company, Inc. located in Solvay, New York,a village within the Town of Geddes forming Ben Weitsman of Syracuse. By August of that year, due to an increase in sales over initial projections, they announced an$8 million dollar renovation project of the Solvay operation creating a state-of-the art facility.Since the inception of their project in Solvay,they have been exemplary citizens and neighbors responsive to and accommodating of the Board's requests, open and forthcoming regarding developments, and respectful of the community they occupy. In fact,their company models their scrap metal business after a retail operation based on customer service and their reputation in the community is impeccable. — Their investment in the community goes beyond creating scrap metal jobs and upgrading facilities–they have personally donated and raised millions of dollars to a broad range of charities in CNY.Though just one example;the story of their saving of The Krebs restaurant exemplifies their remarkable commitment to meaningful and sustainable invest in the communities they operate.The Krebs was a popular landmark in Skaneateles for over 100 years. On the brink of closing,Adam and Kim Weitsman purchased The Krebs to preserve it for future generations.After nearly four years and a multi-million dollar renovation,The Krebs reopened offering the highest quality local farm to table food. While operating a successful, high-class, and historically significant dining facility creating jobs; and reinvesting in the j local agricultural community;would be a major personal investment for any individual business owner in a community- the Weitsmans have taken their investment a step further:they commit all net profits from The Krebs to a variety women and children's charities in CNY. In short,the Weitsmans are model corporate citizens and neighbors. In sum, I am proud to support their efforts in the Buffalo region without reservation. Should you have any questions or I can otherwise be of assistance, please do not hesitate to contact me at 315-427-6658. Thank you, Paul Valenti,Town of Geddes Town Councilor - O Broome County Office of the Sheriff -lk,_. ArilF 0�cow� David E.HarderIlk Eric C.Janis Sheriff Undersheriff 155 Lt. Van Winkle Drive Binghamton,New York 13905 September 23, 2015 Christopher P. Scanlon South District Common Council Member 1401 City Hall Buffalo,NY 14202 Dear Council Member Scanlon: Upstate Shredding, LLC, Weitzman Recycling, LLC cooperates fully with the Broome County Sheriffs Office in response to any criminal investigations or other law enforcement matters. When we request information related to any criminal investigation, they quickly provide the requested information and any necessary documentation. They are always willing to assist us in any way. If you need any additional information, please contact me at (607) 778-2492. Sincerely, V Eric C. Janis Undersheriff ECJlbmo i General Information:(607)778-1911 Civil: 778-2145 Fiscal:778-2928 Garnishees:778-2926 Identification:778-2924 Records:778-2166 VI or OWEDEPARMEW Chief Karen L. Vinti 90 Temple Street Owego,New York 13827 Phone(607)687-2233 Email:opdchiefastny.rr.com FAX(607)687-2235 ' September 24,2015 Christopher P. Scanlon South District Common Council 1401 City Hall Buffalo,NY 14202 Dear Mr. Scanlon, I am writing on behalf of Adam Weitsman and Upstate Shredding Corporation as a letter of reference.With one business office located in our small Village and another just a short distance outside of the Village,the Owego Police have had numerous dealings with Mr. Weitsman and his staff. In any situation he has cooperated fully with members of my department and is quick to assist in any manner possible whether with an investigation of a criminal matter or a simple vehicle and traffic violation. In all of my dealings with Mr. Weitsman and or his business I have found that most incidents can be dealt with by a simple phone call or visit. Most times Mr. Weitsman himself will resolve the situation swiftly and without hesitation. Mr. Weitsman and his company have been a positive asset to our community by employing many local residents and with his overwhelming support within the community. If I can be of further assistance,please do not hesitate to contact me. 1 Sincerely, Karen L. Vinti Chief of Police .'resrud'Ij 03M11#19-111 llrr e xr c t." T,fQ C rrr v f �� MM WE1r1rS1N4AN. FAMILY OF COMPANIES East Coast's Largest Privately Held Scrap Metal Processor 11 Mr. James M, Land l Chief Operations Officer/Chief Security Officer Upstate Shredding, LLC—Weitsman Recycling, LLC Tioga Industrial Park 1 Recycle Drive Owego,New York 13 827 September 23, 2015 j Mr. Christopher P. Scanlon South District Common Council Member 1401 City Hall Buffalo,New York 14202 Dear Council Member Scanlon: It is my pleasure.to introduce myself to you. My name is James M. Land and I am the Chief Operations Officer (COO) and Chief Security_Officer (CSO) of Upstate Shredding, LLC and Weitsman Recycling, LLC. Prior to joining the management team here I proudly served the people within the state of New York for over 27 years as a sworn member of the New York State Police before retiring holding the rank of Captain in December 2014, when I was hired by Mr. Adam J. Weitsman and Mrs. Kimberly M. Weitsman to join their management team. A decision that I easily made because I was convinced of Mr. and Mrs. Weitsman's high ethical standards and their commitment to excellence not only for themselves but for their employees and company as a whole. As part of my duties here at Upstate Shredding, LLC — Weitsman Recycling, LLC, I am the Company Executive responsible for all aspects of the corporation's operations and security of our many facilities throughout New York and Pennsylvania and assist with oversight and leadership with capital improvements and development of new facilities. I serve as a member of the corporate management team contributing to the development and implementation of organizational strategies, policies, procedures and practices to ensure that organizational excellence exceeds current industry standards. As well as, the development, implementation and management of the organization's corporate security vision, strategy and programs that manage the security of personnel,physical assets and information in both physical and digital form. I also provide oversight and leadership ensuring the highest levels of ethical conduct and professional standards are met and maintained by all corporation personnel. Lastly, I provide liaison function to law enforcement and government agencies on the Federal, state and local levels guaranteeing our organization works cooperatively with any agency in all matters of mutual concern for the betterment of the communities with the cities, towns and villages we work in and call home. a If I may be of any assistance to you or if you would care to speak to me further on any matter please do not hesitate to contact me directly on my cell 607.743.6863 at any time. Sincerely, Mr. James M. Land COO/CSO f3 3 pCpu t 6 o 7 687 8255 r _ X 6o7 687 1435 __. � nrc:: dE; v :- loptiocjct c, ,- nr September 23, 2015 Christopher P. Scanlon—Chairman South District Common Council Member 1401 City Hall c Buffalo,NY 14202 .4 M W Dear Mr. Scanlon: Z o e _I am writing this letter as the Director of Economic Development and Planning for Tioga County. I 0) o am pleased to share with you that we have outstanding partners in economic development by way of the long standing, well established and ever growing businesses Upstate Shredding and O Weitsman Recycling. W _ W The Weitsman's has long proven themselves as good neighbors in the Southern Tier, in good times and in bad. They have made significant contributions to many local organizations and not-for- `^ Q profits as well as provided much needed and appreciated assistance during the 2011 flooding LL devastation. Most importantly we should note that they have taken this three generational business headquartered in Owego, to new internationally recognized heights. Upstate Shredding employs u 3 152 people in Tioga County alone and over 400 companywide. a 1 In addition,the Upstate Shredding plan to bring a dry media plant project estimated at$5.5 million -� = and anticipated to bring 12-15 new employees to Owego, is yet another exciting development plan m x offered by Upstate Shredding and Weitsman Recycling, and will bring a much needed boost to W } Tioga County in terms of the jobs and revenue that will be generated. V J LL Tioga County Economic Development and Planning strongly supports the efforts by Upstate LL Shredding and Weitsman Recycling to strengthen all of New York State by bringing development here. Their track record has shown their undeniable commitment to Tioga County and positive UJ = impact that the Company has had in the communities in which they operate. Z c o Tioga County strongly supports and assists in all proposed projects by upstate Shredding and Weitsman Recycling in any manner possible. j u M �_ Itespe t "✓O; i WLA = Y L3 W W ° o LeeAnn Tinney Director, Tioga County Economic Development and Planning W a m O J z M _ u Z O a DEPARTMENT OF DEVELOPMENr w VINCENT DEJOY III DIRECTOR OF DEVELOPMENT CITY OF JAMESTOWN (716)483-7541 FAX(716)483-7772 September 23,2015 Hon.Christopher P.Scanlon-Chairman South District Common Council Member_ 1401 City Hall 1 Buffalo,New York 14202 I Dear Council Member Scanlon: i It is with great pleasure that I send this letter of support on behalf of Weitsman Recycling/Upstate ; Shredding for consideration of purchasing and operating an existing scrap yard in the City of Buffalo. As ! the Director of Development for the City of Jamestown, I have had the opportunity to work closely with Weitsman's of Jamestown on their recent significant upgrade to their facilities in Jamestown that has basically cleaned-up a 100 year old facility in many ways. Weitsman's of Jamestown is situated in an area of the City that has surrounding residential neighborhoods,and is also close to the Chadakoin River basin,where the City and New York State is investing significant funds to build another section of the Greater Jamestown Riverwalk Trail The legacy facility was a scrap yard that was operated on an unpaved bed,and created a great deal of dust and dirt not only in the streets but you could actually see clouds of dust as the scrap was being processed. Weitsman's invested over$3 MM that began with highly engineered site plans in which the City Planner, City Building Inspector,and the DPW Director,worked very closely with the engineering consultants to get the best plan passed for the City and the surrounding neighborhoods. Weitsman's constructed new buildings that contained the non-ferrous materials being processed,which was a big improvement. Additionally,they paved all of the yard with a durable blacktop surface. They also created retention ponds that were not previously in place to capture the run-off water for a more responsible environmental operation with constant testing. In terms of aesthetics,they also built a new decorative fence surrounding the property with all of the landscaping the City requested as well as addressed the traffic flow issues that the legacy facility fell short on. The section of the Greater Jamestown Riverwalk is currently being constructed that goes ' i along the Weitsman's property line, and will co-exist with nature enthusiasts that will utilize the trail. I Lastly,Weitsman's of Jamestown has been a very cooperative partner with the Jamestown Police Department to help catch criminals stealing valuable scrap metals from homes and businesses. We can always count on their vigilant proactive cooperation in that respect. I am confident in my statement that Weitsman's has been a very responsible business in Jamestown,and one that the City of Buffalo I should give due consideration for their desire to operate a yard in the City. MUNICIPAL BUILDING JAMESTOWN,NY 14701 1 I Thank you for your kind consideration. Please feel free to contact me if you have any additional questions. My email address is:deiov@cityofiamestownny.com. Sincerely, Vince eloy Director of Development a } 02t0Il. AQ� CITIZENS for REGIONAL TRANSIT 617 Main Street,Suite 201,Buffalo,NY 14203 716-691-8528 crtc@citizenstransit.org September 23, 2015 Common Council—City of Buffalo Buffalo City Hall 65 Niagara Square , Buffalo,NY 14202 Dear Common Council Members: We hope the Buffalo Common Council will be able to join other municipalities in signing the attached petition. It calls for: new sustainable funding for public transportation, building of new multimodal rail stations in Buffalo, and some specific Buffalo light rail extensions. This petition is directly related to, and a reflection of,the Common Council Resolution on public transit that was unanimously passed on April 2, 2013 (attached). It is important to support out petition at this time because there is growing political and community support for expanding Buffalo's Metro Rail and for addressing the NFTA funding difficulties. For example,Assemblyman Sean Ryan is supporting legislation that will address these issues as other states have recently done. Support from community leaders and municipalities for this petition will help.our legislators make the case in Albany and Washington. Endorsers so far include The Partnership for the Public Good(representing 193 member organizations),the Sierra Club (Niagara Group), GOBike Buffalo,the Wellness Institute of Greater Buffalo,the Campaign for Greater Buffalo and many more. It is also now being distributed to all cities,towns and villages in the region. We plan to announce the petition results at our Quarterly Meeting in October(where Sean Ryan will be speaking), so we are requesting responses by October 1, 2015, if possible. We will then 3 share the results with the NFTA and State and Federal legislators. If you have any questions,please call me at 716-691-8528. Thank you for supporting this important call to action. Sincerely, no 'J REFERRED TO THE' ECOMMITTEE Douglas Funke, President ON COMMUNITY DEVELOPMENT. Citizens for Regional Transit I Buffalo Deeds A Transit Revolution! A Petition for an Integrated and Sustainable Public Transportation System We the undersigned call on the NFTA and our business and community leaders to take action to provide more comprehensive and sustainable public transportation service for the Buffalo-Niagara Region. Specifically, we call for: (1) extensions of Metro Rail along the highest-demand corridors with (2) intermodal connectivity to 'air and inter-city rail and (3) establishment of long-term sustainable transit funding. a Please add to the list of organizations and municipalities supporting this petition. Organization Authorizing Officer: Name: Position: Address: Phone: Signature: Date: Comment: Why We Need It: Attracting & Keeping Population - Growing numbers of Americans, notably young adults and baby boomers approaching retirement, prefer to locate in regions that have efficient multimodal mobility systems, including the option to live free of car dependency. The demand is for walkable, bikeable,mixed-use neighborhoods efficiently connected by transit. Parking & Congestion - Transit moves people safely and cost-effectively to work, shopping, and recreation without scarring our waterfront, parkland, and downtown streetscapes with acres of parking. Providing park-and-ride facilities for. commuters and visitors outside the central city provides a hassle-free commuting option while decreasing traffic congestion, air pollution, and on-street parking shortages. Equity - Over 1/3 of Buffalo households do not own cars (2000 US Census).Rapid transit expands mobility options for all socioeconomic groups, including those who rely on public transportation to get to suburban jobs, shopping, healthcare, educational institutions, and all other personal needs. A household can expect to save $5,000 to $9,000 a year for each car it can do without (ConsumerReports.com). Economics - Investments in light rail and bus rapid transit are transforming cities across North America and stimulating commercial and residential development along the improved transit lines (Transit-Oriented Development). Buffalo is blessed with existing, publicly owned rail rights-of-way CITIZENS for REGIONAL TRANSIT 617 Main Street,Buffalo,NY 14203 along many heavily traveled corridors. These make expansion of our light rail system among the nation's most affordable. Comprehensive analysis of WNY's infrastructure needs and resources—and surveys of what our citizens want — led UB's Regional Institute and the Greater Buffalo Niagara Regional Transportation Council to recommend "making transit funding and system improvement a top priority (One Region Forward Final Draft Plan,2014). The Environment - Automobiles in NYS collectively emit 70 million metric tons of CO2 per year, more than carbon emissions from industrial, residential, or commercial sources (2014 Draft NYS Energy Plan). Of all transportation-generated greenhouse gases, 61% come from passenger cars and light trucks (US EPA, 2013). We must offer car-free options to combat global warning. Buffalo's light rail trains already run partly on clean hydroelectric power - with the potential to run on 100% non-polluting Niagara Falls waterpower. We call for the NFTA and Buffalo-Niagara leaders to: Extend Metro Rail ® To the airport—Prioritize extension of the Metro Rail from Downtown Buffalo to the Buffalo Niagara International Airport along our existing publicly owned rail rights-of-way. This extension will intersect many East Side bus lines while connecting the central business district with Larkinville, Central Terminal, Galleria Mall, Thruway Mall, and a Park-&-Ride off the 1-90 in Cheektowaga. • To the UB Amherst campus — Build on the ongoing NFTA study to connect all three UB campuses and to facilitate access to suburban shopping and jobs. ® Through the DL&W Terminal to Larkinville — Extend Metro Rail through the DL&W Terminal to Larkinville, a first step in taking the existing line to the Buffalo Niagara International Airport while enabling car-free access to the First Niagara Arena, Buffalo Niagara Medical Campus,our Waterfront,the Cobblestone District, and Downtown. • To the Bills Stadium—Any investment in a new or refurbished Buffalo Bills Stadium should ensure Metro Rail access, folding any necessary Metro Rail enhancements into its financing. This will satisfy the intense travel demand on Bills game days while improving the experience for those who choose to drive and tailgate. Any stadium parking facilities could double as Park-&-Ride lots for everyday commuting year-round. • To the Southtowns and Tonawandas — Preserve existing rail rights-of-way, so the original vision for a comprehensive network of light rail serving the Buffalo-Niagara Region can ultimately be realized. Create Multimodal Amtrak/Metro Rail Stations ® Eliminate the existing Depew and Exchange Street Amtrak Stations and replace them with Multimodal Transportation Centers suitable for 21"century passenger service and eventually high-speed rail. These must feature a rapid transit connection to the airport and include bicycle and car share facilities. One station should be near Buffalo's waterfront and a second located further east where it can serve all Amtrak destinations. A restored Central Terminal should be a candidate for the second site. Establish long-term, sustainable dedicated funding • Establish permanent, reliable and sufficient funding streams for comprehensive multimodal public transportation in Buffalo-Niagara. This funding must be able to sustain the operations and maintenance of Metro Rail and all connecting transit services and infrastructure. CITIZENS for REGIONAL TRANSIT 617 Main Street,Buffalo,NY 14203 y1104T THK FACTORY] *�ikFtt45,.-.g Dear Councilman Franczyk, i I am writing today to request that the current City requirement that NO new wooded electrical poles be erected on Republic Street be amended and/or waived so that my team may continue the development of our building(the Barrel Factory)at 65 Vandalia St. Our project will bring:a long vacant and disused building back into functional use. It will no longer be another eyesore and site of potential vandalism. Rather, it will be a source of new jobs (in excess of 15 in the 1St 3 years) and visitors, helping to elevate the perception of the Old First Ward and adding to the critical mass needed for lasting change. Our efforts.are currently stopped due to the inability to get upgraded.power to the building. Our tenant, Queen City Malting, has been ready and willing to commence operations as the first maltster in the City of Buffalo since the 1970s but cannot because of this extremely long and unfruitful process. After many months(Since April 2015)of working with National Grid, all other alternatives have been exhausted. Our building also faces on Republic Street and has received electrical service.from that s.ide;of the building. We request that a new pole be allowed to be placed in the ROW on Republic St. near the. corner of Hamburg St.for the purpose of laterally stabilizing another existing pole on the corner of Hamburg and Republic Sts. With the addition of this pole,overhead wires can reach the pole in front of and on our property to serve our development needs. Thank you for your willingness to help us in this matter. Sincerely, I I Stephen Bystran Operating Manager RECEIVED.AND,FILED. t Lazarus Properties,LLC; 65 Vandalia Street; Buffalo,New York 14204(716)465-5158 CITY OF BUFFALO ANNE FORTI-SCIARRINO,CPA a DEPARTMENT OF FIRST DEPUTY COMPTROLLER AUDIT AND CONTROL GREGG SZYMANSKI,CPA J� DEPUTY COMPTROLLER I225 CITY HALL INVESTMENT&DEBT MANAGEMENT ® BUFFALO,NEW YORK 14202 WILLIAM FERGUSON,CPA DEPUTY COMPTROLLER 716-851-5255 CITY ACCOUNTANT MARK J.F. SCHROEDER KEVIN KAUFMAN,CPA COMPTROLLER DEPUTY COMPTROLLER CITY AUDITOR September 30,2015 Hon. Richard Fontana 1316A City Hall Buffalo,NY a Dear Councilman Fontana: l P,i J As you are aware from our Annual Audit Plans filed with the Common Council, we have used a risk-based approach to selecting audits, using our limited resources on audits that will have the greatest impact on the City's bottom line through maximizing revenues and reducing expenditures. However,the City Charter compels our office to conduct certain audits that may not necessarily be aligned with our risk-based approach. City Charter Article 7-4.5 states: "The comptroller shall engage an independent consultant to conduct an audit of the performance of the council staff every two years. " Our risk assessment found the Common Council staff to be a relatively low-risk operation, as the council staff does not handle cash or process transactions, and its percentage of the city's budget is small. The 2013 audit of the council staff, conducted to comply with Article 7-4.5, focused on the only significant area of risk,payroll procedures. The recommendations resulting from that audit have been implemented. You have expressed your opinion that this biennial, charter-required audit is not a wise use of resources. After considering the risk involved, as well as the cost of to hire an outside consultant and the use of audit resources to solicit and review proposals, I agree with your assessment. e However,unless the Charter is amended, we must conduct this audit. i If you were to propose an amendment to the City Charter that would eliminate this requirement, I would be supportive of that legislation in order to ensure audit resources are used wisely. 1 i Sincerely, 1� REFERRED TO TME COMMITTEE ON FINANCE Mark J.F. Schroedero Comptroller ��►►► 441. Q 4 ® � 0 4 �i Dr. Kriner Cash 4 ®s®®®�` o. Superintendent of Schools �� f0®®■®tl i its■s®ee� �. �i�B®�r/,� o ► Will Keresztes, Ed.D., o � Associate Superintendent for Student Support Services i TO: City Clerk FROM: Will Keresztes, Ed.D., Associate Superinte d'' RE: Resolution: Sex Offender Reporting Inquiry i DATE: October 6, 2015 The District agrees with the Resolution and endorses its objectives to l) Increase awareness about how the registry is developed by law enforcement authorities, and 2) Consider options for parental notification. We pledge to collaborate with the Buffalo Police Department and other agencies to support a notification procedure that is accurate, timely, and informative for parents. Thank you for bringing this challenge forward. We are prepared to work collaboratively on solutions that dramatically improve our students' safety in the community. REFERR�ppE/pp�DlpyT.O THE COMMITTEE i cc: Dr. Kriner Cash, Superintendent of Schools Mr. James Kane, Executive District Clerk Chief Kevin Brinkworth, Buffalo Police Department Buffalo Public Schools 701 City Hall Buffalo,New York 14202 716-816-3596 716-851-3834(fax) ;1 -� y Common counct"I DepDamoni Palmef of r Staff Damon Palmer RECEIVE . ;. City of Buffalo, NY G4 r0 � 2 Irl 15 31r' INT J ,iT'S OFF"IC{-- i October 1, 2015 i Dr. Kriner Cash, Superintendent Buffalo Board of Education City Hall, Room 712 Buffalo, NY 14202 Superintendent Cash, At the September 29, 2015 Buffalo Common Council meeting, the included Resolution resolves were Adopted by the Common Council. This included item is being sent to you for your review and comment. Please file your comments with the office of the City Clerk, 1308 City Hall, Buffalo, NY 14202. Respectfully, c�G Julia Paul Sr. Legislative Assistant Buffalo Common Council 65 Niagara Square RO. 1413 { Buffalo, NY 14202 jpaul@city-buffalo.com i i i LECA SEP 2: 9 2015 j RESOLUTION In the Common Council of The.City of Buffalo, On September 23, 2015 Council President Pridgen submitted the following resolution: Sex offender Reporting Inquiry Whereas, sexual violence has severe long-lasting Psychological, physical and economic effects on our community with far more children being sexually assaulted than adults; Whereas, these heinous crimes concern every citizen in Buffalo because assaults can cross all geographic and demographic divisions; Whereas, NYS Division of Criminal Justice Services(DCJS) is responsible for maintaining a sex offender,registry, state law does not require public agencies to proactively issue notices to parents about where sex offenders live; Whereas, the current DCJS database only serves those who have access to the internet,or to those who know to call the office in Albany for public information, leaving many parents uninformed of the location of convicted criminals living in their neighborhoods or along their children's route to school; and Whereas, because more than 75% of child molesters are known to their victims, registry notification alone is not sufficient to keep children safe, but is a necessary step in the right direction: Now,Therefore Be It Resolved that The City of Buffalo Common Council— v j 1) Requests representatives of BPD,to submit,a report to the`Counc�l that `7 �` Ce, xplau►s ......e.`..,.,=- and notification.process,,notirg tii garttcular any' cl`anges m recent years, and ' 2) Calls on BPD and: the.:Buffalo School Board to consider multiple'; alternatives to nqp ,m" the ubhc of locations.of'sex offenders registered in Y{ g,.. p ;the DCJS database: C-1 Darius G.Pridgen Council President Ellicott District Council Member DGPsw \ Page i of 2 +r _ _ a Council CHAIRMAN VEIL/ EDUCATION /(�VV CITY OF BUFFALO COMMITTEES CIVIL SERVICE COMMUNITY DEVELOPMENT MINORITY BUSINESS ENTERPRISE LEGISLATIVE ASSISTANT ULYSEES O. WINGO, SR. FRANK GARLAND HI MASTEN DISTRICT COUNCIL MEMBER OFFICE ADMINISTRATOR 65 Niagara Square VEOLA D.BROOKS City Hall 1414 Buffalo,NY 14202 Phone:(716)851-5145 j a MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Ulysees 0.Wingo Sr. Date: October 6, 2015 RE: Saving Grace Ministries at 347 E. Ferry I would like to file the attached information for the next Common Council meeting to be held on October 13, 2015. Thank ou, Ulysees 0. ingo Sr. Masten District Council Member i REFERRED TO THE COMMITTEE I ON COMMUNITY DEVELOPMENT. M 1 N I S T R I E S Founded April 24, 1999 September 30, 2015 Councilman Ulysees O. Wingo, Sr 1414 City Hall Buffalo NY 14202 Board of Directors: Dear Councilman Wingo: ? Rev.Terry J.King As a follow u to our conversation on yesterday's date,this letter is to confirm Chairman of the Board P Y Y Executive Director that Saving Grace Ministries, Inc. will not be housing registered sex offenders Sheryl L.King,LCSW-R in the affordable housing units under development at 347 East Ferry Street President and secretary (Patriot Heights Apartments). Sisters Hospital Social Work Rev.Ran Burgio As we discussed, the units are designated for affordable housing for income- Senior Pastor eligible individuals and families and will be aggressively marketed to Love Joy Gospel Church veterans. The intent of the project partners is to operate the first floor of the Chaplain Don Snyder Wende Corr.Facility(Ret.) facility as a community and outreach center for youth and families; that, . Oak orchard Assembly of combined with the proximity of a playground to the project site, makes it Gad,associate Pastor inappropriate for housing the sex offender population. Lynette Galloway Chief Mental Health Treatment Services(Ret.) This information, including information regarding the target population to be Buffalo Psychiatric center housed in the facility, was communicated to members of the community on Casimiro D.Rodriguez,Sr. meetings held Tuesday, December 16, 2014 with the Hamlin Park Community Chairman,Hispanic Heritage and, Taxpayers Association, as well as at larger community meeting held Council of Western New York g y g Wednesday, January 14, 2015 at the facility itself, to which all residents in a 3-block radius of the project were invited. If you have any other questions about the project, or are interested in more information,please feel free to contact me at(716) 893-1840._ Sincerely, Alyssa M. Gross,Dq Executive Director CC: Council President Darius Pridgen f i Saving Grisce Ministries•P.O.Box 1013• Williamsville,NY 1Q3I • 716-893-1840•www.sgmworld.org National Office:Buffalo,New York Affiliated Offices:Rochester,Dansville,Elmira,and Brooklyn,New York;Tampa,Florida -- Common Council CITY OF BUFFALO CHAIR CIVIL SERVICE RASHEED N.C. WYA'rT COMMITTEES UNIVERSITY DISTRICT COUNCIL MEMBER CLAIMS 65 NIAGARA SQUARE,1508 City Hall COMMUNITY DEVELOPMENT BUFFALO,NY 14202-3318 FINANCE PHONE:(716)851-5165 • FAX:(716)851-4580 SENIOR LEGISLATIVE ASSISTANT E-mail:rwyatt@city-buffalo.com SANDRA D. MUNSON Website:http://www.city-buffalo.com DORIS CORLEY October 6, 2015 Darius G. Pridgen Council President Ellicott District Council Member 65 Niagara Square 1315 City Hall Buffalo,New York 14202 Honorable Council President Pridgen, The Minority and Women's Business Enterprise (MWBE) Task Force continues to work diligently to ensure that the City of Buffalo is in compliance with the MWBE goals. We would like to receive all reports that the City of Buffalo has available regarding the MWBE compliance on a monthly basis. We believe a resolution from the Common Council would ensure this information is afforded. We appreciate your consideration in this matter. Sincerely, Rasheed N.C. Wyatt University District Common Council Member REFERRED TO THE COMIMMEE l "Unity in University" �� I 3 �JE�'E 'i EXTEND TH E UNIVERSITY DISTRk QT'S COMMERCIAL BUSINESS DISTRICT LINES � ' • • ' SCA col 11 75 1 kh I a 1114 1 F.11 I W.11' ' 11161TA 10 cc I THURSDAY OCTOBER 2015 KENSINGTON BAILEY NEIGHYBORHOOD HOUSING SERVICES 995 KENSINGTON AVE. B.UFFALO,_NY 14215 � IV �3 �N I`I�.E® 5:30PM - 7:OOPM fly SPONSORED BY UN'IVE SITY DLSTRI��T C . MEIIRIRASH I i PETITIONS a i i 1 i Oct 13,2015 I D. Hall, Agent, Use 789 Tonawanda to Place a Ground Sign and 13 Various Types of Signs in a R2 District(North)(Hrg 10/20) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 3 3 1 1 i YY/r� OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk ' Registrar of Vital Statistics =_= 0 65 NIAGARA SQUARE ROOM 1308 CITY HALL MARY H. BALDWIN , . ..:._ BUFFALO, NEW YORK 14202 Deputy City ClerkPHONE:(716)851-5431 FAX:(716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: UT- To be held in the Council Chamber,13' Floor,City Hall On: A :00 pm LoLk% q P2 01 Pl �� 1 am also informed that this is the only notice that the petitioner and or owner will receive,and that if I am not the owner or petitioner,I will inform said owner,petitioner or his/her agent of the above. Signed \I vt iZ l Cgen caner) Print Nam — I� 't Phone#A!2) Date � U I 3 3 ATTENTION CONTACT THE PLANNING BOARD,851-5085 FOR PLANNING BOARD DATE&TIME CONTACT THE ZONING BOARD,851-5082 FOR ZONING BOARD DATE&TIME, CONTACT THE COUNCILMEMBER IN YOUR DISTRICT-ivL �u��Gz1� S's l-5 i 1 i City of Buffalo //t SIGNS Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 Report Date 09/30/2015 02:58 PM Submitted By Mike Castro Page 1 A/P# 228002 Stages Date/Time By Date/Time By Processed 09/22/2015 09:04 CASTM Temp COO Issued COO Final Expires Associated Information Valuation Type of Work #Plans 0 Declared Valuation 0.00 Dept of Commerce #Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work ***ZBA required 511-12K(2)Accessory Uses(Only 1 Sign)***Common Council approval required w/fee&hearing 387-19 Ground Sign***to place a ground sign and 13 other various types of signs as outlined in attached site plan in a R2 district. Parent A/P# Project# Project/Phase Name Phase# Size/Area Size Description kM Address 789 TONAWANDA BUFFALO NY 14207- Location F Contact ID AC 1209322 Name TRUSTEES EHRENREICH I K EHRENREICH NEIL;AS Mailing Address Organization City 783 TONAWANDA State/Province BUFFALO NY ZIP/PC 14207-1421 Country Q Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC11849 Name TRUSTEES EHRENREICH,I K EHRENREICH,NEIL;AS Mailing Address 783 TONAWANDA Organization j City BUFFALO State/Province NY 9 ZIP/PC 14207-1421 Country USA Q Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC28876 Name CHARLES FASO Mailing Address 910 CREEKSIDE DR Organization City TONAWANDA State/Province NY 1 ZIP/PC 14150-1302 Country USA Q Foreign 9 j Day Phone(716)692-1413 x Evening Phone 1 Fax Mobile# I Occupant N From To Owner Y From 09/30/2010 To r i y � fY £ j� _,, r,M ._P No Addresses are linked to this Application City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 Report Date 09/30/2015 02:58 PM Submitted By Mike Castro Page 3 There are no Inspections for this Report IM No Activity Review Details �d rte. No Conditions There is no planning condition for this project. No Records for This Search Criteria �.. E) Work Done by Owner Q Zoning Board of Appeals FLAT FEES D Work Without Permit(FINE) j NO. TYPE OF SIGN SIZE(Sj; TOTAL SQ.FT. HEIGHT 5 Pole Sign y,"' = 0 0.0 6 Ground Sign = 0 0.0 7 Wall Sign = 0 0 Awning Sign = 0 2 Advertising Sign = 0 0 Projecting Sign = 0 0 Roof Sign = 0 i Zoning District: ,ME 40, ay, There are no Items in this list 01 No Employee Entries No Log Entries . CITY OF BUFFALO EDPIS 7/06 DEPAK I-MENT ®F PERMIT & IN PECTION SERVICES � Byron W.Brown,Mayor Date Filed Appeal from.the' Decision of the Department of Permit and Inspection Services 7a dW BoardofAppea&. An appeal is hereby taken from the decision of the Commissioner of Permit and Inspection Services ' 2QL5 a copy of which is attached,for the purpose of reversing or modifying said decision to affect a variation from the requirements of the Zoning Ordinance,so as to permit the: - tion,Extension,Alteration,Conversion,Use of V 1-c'.1-7 zo l'2 __ �a`a in accordance with the application and plans filed with the Commioner of Permit and Inspection Services,as herein below described: A No Ave Son North/South/EastWest side of said Ave./.St. Distant-Ft Nortb/South/East[West of AveJSt. Name of Appellant 0-vi d d fec. �/ Address Name of Owner Z.222Z-Ld Address /0 Size of Lot ft.front x .ileeplor if irregular see plat). Front yard to be ft. Side yard to be ft. Depth of Rear yard to be ft. width of Side Yard to be ft. CHARACTER AND USE EXISTING BUILDING. PROPOSED BUILDING Size of Buildibg ft.front x ft.deep ft.front x ft.deep ; Leight 'ft. stories ft. stories Character of-Construction Frame -Slow-Bunning Frame Slow Burning Brick,etc. F' roof Brick,etc. F' roof Are there any private restrictions as to uses and yards,setbacks or building lines on this property? 1 ' (If so attach copy) Zoned as Has there been any previous appeal to this Board for these premises? If so,when and further,if so,is there now any new evidence to Be submitted which could not be presented at the previous hearing? Attached hereto and made a part of this appeal,are submitted all papers as required. STATE OF NEW YORK COUNTY OF ERIE ss. CITY OF BUFFALO. be:rV duGjsuvm rz6 doposes w d rays dm frac read affdm above statements acrd knoaus the contents dnwf and dew tfse same are true to de but eh injbmwdon and belief . Su6scri6ed andmawn to bef Fore me$Isis _` day (Not6y Public)(Com issioner of Deeds) (Appellant sign here) r I CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT.,PERMIT &.INSPECTIOR SERVICIE,' . y Byron W. Brown, Mayor a Coinmissioner NOTICE Of APPEAL (To be filed in duplicate with The Commissioner of the Department of Permit and Inspection Services,Who will forthwith transmit to the Board of Appeals all papers constituting the record in the matter or,in lieu thereof, certified copies of same.) jj f�FROM �i�•t�� ��..- ,Apell ant. Gentlemen: Concerning the Application dated a'� 20� For Building Permit. And use At Premises �=- Which was Denied-Granted by the Commissioner of Per�taod Inspection Services S 20 ' The reason for Appeal From the Grant is under section paragraph 1,-2- k(':2 1 This notice of an Appeal from said denial or grant is hereby given within the twenty days or three days,respectively, as required, from thedate of the decision of the Commissioner of Permit and Inspection Services. I will forthwith file in duplicate all of the official forms of appeal with the required data thereon and here-with request duplicate copies of said official forms for 1 said purpose. Signature of Appellant Address _j ItIl Dated — DPIS 5/02 J. Smith, Agent, Use 658 Ohio to Erect a One Story Steel Frame and Fabric Enclosed Compost Bin Accessory to a Manufacturing Facility in the Buffalo River Coastal Review District(South)(Hrg 10/20) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 3 V OFFICE OF THE CITY CLERIC GERALD A. CHWALINSKI - City Clerk Registrar of Vital Statistics ___ ® 65 NIAGARA SQUARE - = ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 716 Deputy City Clerk "�' PHONE: ( )851-5431 FAX: (716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: thC7 Yr To be held in the Council Chamber' 3 Floor Cit H (On: Or: . U 4't'1'j At 2:00 pm *PLANNING BOARD MEETING WILL BE ATA ON NN� jr.lzL a Ro�rti q�1 * li<.11R "f12:'APRI'1�1t EF AREE7I [ N11CINC�>t OFR &NFZ= M _ C?1U�1�11()iV 9,UNCIt,111 Y Y_Q:IJi#pRQ1C�' Phone number for Planning Board 851-5085 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. xi- t f Signed >�� . )I^- - ( ;,geqt,Owner) Print Name i,GV')i r V Phone# Date ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICT OY1�, Q.`%-t'AQN-,— IF APPROVED AT THE COMMITTE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON ( I IF APPROVED AT THE FULL COUNCIL MEET.JNG THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL I TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE 1 City of Buffalo GC Building Application 65•Niagara Square J Buffalo,NY 14202 J (716)851.-4949 Fax(716)851-5472 \9 Report Date 10/01/2015 09:33 AM Submitted By FLD Page 1 A/P# 228529 FAM it Stages Date/Time By Date/Time BY Processed 10/01/2015 09:31 DIGEF Temp COO Issued COO Final Expires Associated Inf-brmation Valuation Type of Work #Plans 0 Declared Valuation 8000.00 Dept of Commerce #Pages 0 Calculated Valuation 109364.00 Priority ® Auto Reviews Bill Group SOW-A Actual Valuation 660.00 Square Footage 0.00 Name e Description of.Work ***PLANS/COMMON COUNCIL APPROVAL FOR A RESTRICTED USE PERMIT 511-67A.(3)REQUIRED*** HEARING AND FEE REQUIRED. ERECT A 20'1 STORY STEEL FRAME AND FABRIC ENCLOSED COMPOST BIN ACCESORY TO A MANUFACTURING FACILITY IN AN M3 ZONING DISTRICT IN THGE BUFFALO RIVER COASTAL RVIEW DISTRICT.SURVEY/SITE PLAN AND LETTER FROM OWNER SCANNED. Parent Ai# Project# Project/Phase Name Phase# Size/Area Size Description Address 658 OHIO BUFFALO NY 14204- Location INS= ENNEEMEEMENEENEEM Contact ID AC267946 Name RIGIDIZED METALS CORP Mailing Address 658 OHIO ST Organization City BUFFALO State/Province NY ZIP/PC 14203 Country USA Foreign Day Phone(716)849-4782 x Evening Phone Fax Mobile# Occupant N From To Owner Y . From To 1 Contact ID AC89537 Name RIGIDIZED MTLS CORP Mailing Address 658 OHIO ST Organization City BUFFALO State/Province NY ZIP/PC 14203 Country USA Q Foreign Day Phone Evening Phone Fax Mobile# { Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 i I I No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application City of Buffalo GC Building Application 65•Niagara Square Buffalo,NY 14202 �9� (716)851-4949 Fax(716)851-5472 Report Date 10/01/2015 09:33 AM Submitted By FLD Page 3 PERMIT FEE U 660.00 APPLICATION FEE(PLANS) U 55.00 Total Unpaid 765.00 Total Paid 0.0,0 There are no Inspections for this Report j700518 BCODEREV 1 Incomplete ❑ 10/01/2015 09:31 700519 CC APP 1 Incomplete ❑ 10/01/2015 09:31 700520 FPLAN 1 Incomplete ❑ 10/01/2015 09:31 700521 ELEVATORS 1 Incomplete ❑ 10/01/2015 09:31 Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Modified Date/T/me 10/01/201609:31 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey(coni) Permit Office ❑Arts Comm.Approval ❑ Subdivisions Q Asbestos Survey F)Asbestos Abatement ❑ Special events Common Council E) Bond/Certified check ❑Assessment Combination ❑ First Insurances Check City Engineering E)Admin Office/Apts R4 ❑ Public Works approval Notarized Permission/ for portable sin one year ❑ Curb Cuts ❑ Beauty Parlor R2 p t y Lease showing Use encroachment ❑ Encroachment ❑ Canopy/Marquee ROW ❑ Rodent/Vermin Bait E) Oversize Trucking ❑ Freestanding Sign Sewer Retention ❑ Sewer/Water Cut ❑ Plumbers'Cuts Q Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑Tree over 4"at 4' ® Restricted Use Permit ❑Zoning/Use Check City Planning ❑ Other ' E) Citywide Site Plan ❑Thruway Sign approval Preservation Board ❑ Subdivisions Environmental Review ❑ Zoning Variance E) Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. ❑ Contiguous Check City Survey ❑Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑Water Retention Detail 2. PLAN REVIEWS Modified By digef Modified Date/Time 10/01/201509:31 Comments No Comments City of Buffalo GC Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 Report Date 10/01/2015 09:33 AM Submitted By FLD Page 5 No Employee Entries No Log Entries i i f j 3 l {i I f i ISM!; t!o 3i S 2 p ad �' R ¢ G s- 3y d BR ae@g � 3a e W z ow _ �.-W= �noa nI`i Z-'u all gR g�88�$R s 3g m Z)W o a a nlon.AAssR R�R R� R r @ 7R Rif R�:3S s¢ $@ b COoo z �4 6 6 xl Hill 1� oo•oiz� �Msa¢ n O ' •011v kA na 11 tai �^ yig�f0 1 ism G 1 14 9 . e �k$ 'e 0 y U r E V g 0 �_ OW°p�i i= HIM f.t;= 0 V �j�F �� 'W S' 4$� HSIml e� g l3 QtL in 7 { ❑ �o N + Wa i pal 000 000 EEF0 0 f� �s t i 1 i I 0205 0 / R. Keohane, Agent,Use 1238 Hertel to Re-Open an Existing Restaurant in the Hertel Ave Special Zoning District(Del)(Hrg 10/20) 3 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD i I r OFFICE OF THE CITY CLERK /60 GERALD A. CHWALINSKI City Clerk = _ _ Registrar of Vital Statistics -_- 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 1_ ... Deputy City Clerk PHONE:(716)851-5431 - FAX: (716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT 1 HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: (, av �/ — S 7it� tcS( �,,��,.cc,,—. o` To be held in ilhe CounciKChamQr,13th Floor,City Hall On: At 2:00 pm = 4 r- *PLANNING BOARD MEETING WILL BE AT 8-15am ON r�W' 9,at-K conk *��1iCl�,$�T AIrP�A�B><`f✓�RE T�T��P�:,�Nl�1IN,C:ril�gt�D�AE'\ID;,T�-I,f�s�Q.t�IV�Q�11��QtJ�.1�1L�- ILL,1��Lt_4Y.; Phone number for Planning Board 851-5085 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. Signedvt/ A ent caner g ) Print Name i`l �� G1/?Y A/0 b -C Phone# L4 L1 3M _3 Date ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICTl�`- IF APPROVED AT THE COMMITTEE MEETIN9 THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON IF APPROVED AT THE FULL OUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE I I 1 I City of Buffalo USE Building Application 65 Niagara`Square Bbffalo,NY 14202 (716)851-4949 Fax(716)851-5472 �4 Report Date 10/02/2015 09:45 AM Submitted By FLD Page 1 A/P# 228580 MIMI Stages Date/Time By Date/Time By Processed 10/02/2015 09:42 DIGEF Temp COO Issued COO Final Expires Associated Information Valuation Type of Work #Plans 0 Declared Valuation 1.00 Dept of Commerce #Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name i Desomption ***Restricted use permit(public hearing)required 511-59F(1)***to re-open an existing restaurant in the hertel ave special zoning district.No structural or physical changes."Cafe on The Avenue"..Aka 1240 Hertel Ave. Parent A/P# Project# Project/Phase Name Phase# Size/Area Size Description Address 1238 HERTEL BUFFALO NY 14216- Location Contact ID AC1215632 Name BONDA ANTHONY V SR. Mailing Address Organization City 30 RALSTON AVE State/Province KENMORE NY ZIP/PC 14217 Country Foreign Day Phone Evening Phone _ Fax Mobile# Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC1111720 Name ANTHONY BONDA CHARLES;BONDA, Mailing Address 1500 MILITARY RD Organization j City BUFFALO State/Province NY 1] ZIP/PC 14217 Country USA E) Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 06/21/2002 To 05/06/2007 Contact ID AC18188 Name BONDA,CHARLES Mailing Address 1500 MILITARY RD Organization City BUFFALO State/Province NY ZIP/PC 14217 Country USA 0 Foreign Day Phone Evening Phone 1 Fax Mobile# Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo USE Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 �� Report Date 10/02/2015 09:45 AM Submitted By FLD Page 3 Check Open Cases 1 Case# 223763 OEM-NEMMM I= APPLICATION FEE A 50.00 PERMIT FEE U 50.00 Total Unpaid 100.00 Total Paid 0.00 There are no Inspections for this Report j 700611 CC APP 1 Incomplete ❑ 10/02/2015 09:42 IM 115� Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Modified DatelTime 10/02/2015 09:41 Comments No Comments i PRIOR APPROVALS Bflo Arts Commission City Survey(con't) Permit Office O Arts Comm.Approval O Subdivisions O Asbestos Survey O Asbestos Abatement O Special events Common Council O Bond/Certified check E:)Assessment Combination City Engineering ❑Admin Office/Apts R4 O First Insurances Check ❑ public Works approval ❑ Curb Cuts E) Beauty Parlor R2 O Notarized Permission/ for portable sign one year Lease showing Use encroachment ❑ Encroachment ❑ Canopy/Marquee ROW O Rodent/vermin Bait ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer Retention O Sewer/Water Cut ❑ Plumbers'Cuts ❑ Human Service Facility O Simple Demolition ❑ Telecommunication O Street Cuts ❑ Portable Sign in ROW O Simple Plan Approval ® Restricted Use Permit O Tree over 4"at 4' City Planning ❑ Other O Zoning/Use Check O Citywide Site Plan E) Thruway Sign approval Preservation Board O Subdivisions Environmental Review O Zoning Variance O Urban Renewal O S.E.Q.R.A. ❑ Preservation District O N.E.P.A. ❑ Contiguous Check City Survey ❑Address Permit Law Office Water Department ❑ Development O Insurances Check ❑ New Water Supply ❑ Flood Plain ❑Title Held O Water Retention i i MD OK DIGEF 10/02/2015 09:41 DIGEF 10/02/2015 09:41 i N 1 I There is no planning condition for this project. No Records for This Search Criteria T. Rider, Agent,USS-975 Fuhnnann Blvd to Convert and Enlarge an Existing 6 Sty. Warehouse to an 8 Sty. Mixed Use Bldg with a Penthouse and an Attached Parking Garage with Surface Parking in the Coastal Review District (South)(Hrg 10/20) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS 9 1 VO _ OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk = Registrar of Vital Statistics 65 NIAGARA SQUARE - ROOM 1308 CITY HALL MARY H. BALDWIN _� BUFFALO, NEW YORK 14202 Deputy City Clerk PHONE:(716) 851-5431 FAX:(716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in th�Council Chamber,131h Floor, City Hall On: At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 8:15am Room 901 ON Oc+ '9-o, *RAILURE 1'O PPEAR t ORt�jf lE-P ►NWift- OOA0.AND'I'tJ> ;CQ�1/IM;UN OUN�tL_{WILL R 44Y-.�„ Phone number for Planning Board 851-5085 I am also informed that this is the only notice that the petitioner and or owner will receive,and that if 1 am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. 1-7 Signed l tAgen�tib ner) Print Name r,4 u, Phone# �7 1� UO3 '1(Aw Date 0 %� i ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICT J IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL 1-C11- I TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo GC Building Application 65 Niagara Square Buffalo,NY 14202 (716)851-4949 Fax(716)851-5472 Report Date 10/07/2015 10:48 AM Submitted By JCALCANO Pagel A/P# 228087 Stages Date/Time By Date/Time By Processed 09/21/2015 14:20 DIGEF Temp COO Issued COO Final Expires Associated Information Type of Work #Plans 0 Declared Valuation 40000000.00 Dept of Commerce #Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group SOW-D Actual Valuation 100.00 Square Footage 0.00 Name Descotion ***PLANS/COMMON COUNCIL APPROVAL REQ.(COASTAL REVIEW DIST.) PUBLIC HEARING REQ.FEE REQ. CITY PLANNING APPROVAL REQ.*** CONVERT AND ENLARGE AN EXISTING 6 STY.WAREHOUSE TO AN 8 STY.MIXE USE BLDG.WITH A PENTHOUSE AND AN ATTACHED PARKING GARAGE WITH SURFACE PARKING. PROPERTY WILL BE GOING FOR A REZONING TO A CM ZONE.$75 ZBA FEE WILL BE DEDUCTED FROM THE PERMIT FEE Parent A/P# Project# Project/Phase Name Phase# Size/Area Size Description Address 975 FUHRMANN BUFFALO NY 14203- Location Contact ID AC98094 Name FREEZER QUEEN FOODS INC Mailing Address 975 FUHRMANN BLVD Organization City BUFFALO State/Province NY ZIP/PC 14203-3133 Country USA 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 3 ' Contact ID AC365106 Name QUEEN CITY LANDING LLC Mailing Address 3275 N BENZING RD. Organization City ORCHARD PARK State/Province NY _ ZIP/PC 14127 Country USA Q Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 11/28/2007 To iOEM No=Addresses to this Application No Addresses are linked to this Application City of Buffalo GC Building Application 65 Niagara Square Buffalo,NY 14202 <Py (716)851-4949 Fax(716)851-5472 (/ Report Date 10/07/2015 10:48 AM Submitted By JCALCANO Page 3 699581 ASB ABAT 1 Incomplete ❑ 09/21/2015 14:20 699582 CITY WIDE 1 Incomplete ❑ 09/21/2015 14:20 699583 CC APP 1 Incomplete ❑ 09/21/201514:20 699585 ZONVARI 1 Incomplete 0 09/21/201514:21 09/21/201514:21 09/21/201514:21 DIGEF 699584 ELEVATORS 1 Incomplete ❑ 09/21/201514:20 MEMEMENNEEMENEM Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Modified Date/Time 09/21/2015 14:16 I Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey(con't) Permit Office ❑ Arts Comm.Approval ❑ Subdivisions ❑Asbestos Survey ®Asbestos Abatement ❑ Special events ❑ Bond/Certified check ❑Assessment Combination Common Council City Engineering ❑Admin Office/Apts R4 El First Insurances Check ❑ Public Works approval ❑ Notarized Permission/ for portable sign one year E) Curb Cuts ❑ Beauty Parlor R2 Lease showing Use encroachment ❑ Encroachment ❑ Canopy/Marquee ROW ❑ Rodent/vermin Bait Sewer Retention ❑ Oversize Trucking ❑ Freestanding Sign E) Sewer/Water Cut ❑ ❑ Plumbers'Cuts ❑ Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval Q Restricted Use Permit ❑Tree over 4"at 4' City Planning ® Other ❑Zoning/Use Check ® Citywide Site Plan ❑ Thruway Sign approval Preservation Board ❑ Subdivisions Environmental Review ❑ Zoning Variance El Urban Renewal ❑ Preservation District Q S.E.Q.R.A. El N.E.P.A. ❑ Contiguous Check City Survey ❑Address Permit Law Office Water Department Q Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑Water Retention i ASBABAT CD DIGEF 09/21/2015 14:20 DIGEF 09/21/2015 14:19 N CONDITIONAL APPROVAL TO ADVANCE STATUS ONLY i There is no planning condition for this project. I No Records for This Search Criteria • : • i I 1 � I 1 1 • 1 4':]'Zi t 3! :'• Y'S',r ['-.5'7<5 '3 .v93F?. " -`L'Z 'S - K5"'z':..4"P i 4:."3'sem •yy. ^,[.�. E...:.sf"rL- S.-n1!_-s �7.,<-..s. ^'-4..._ •os,<x zrt 5!, -zr<, 'r .�'+: r, ... :� �3a- [i, ,Sar-y k s r NA+w2 z �€-S`-f.- Elz'Aj is{t+. t_r -'<c*2�'��-:€ ?f s aS--•E, t kir C'.. � .i - a -r. � .:{t�.1:.c i.+.-f.s;.u �d"1 f i .,....- iR�t�Ve K�' �.u�:. x'S r.4�..,,.-�`r .-..,. z �. !,A{�7r �. �.,•.. 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BALDWIN BUFFALO, NEW YORK 14202 Deputy City Clerk PHONE:(716)851-5431 FAX:(716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics i THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: G l/:► c�� 1 ;liX ��� ►rte.. To be held in the Council Chamber, 131h 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. f� Signed ( gen ,Owner) Print Name1144 CrkJAAio E Phone# -71& 075S. 400 Date IV I i ATTENTION CONTACT THE PLANNING BOARD,851-5085 FOR PLANNING BOARD DATE&TIME � � j CONTACT THE ZONING BOARD,851-5082 FOR ZONING BOARD DATE&TIME CONTACT THE COUNCILMEMBER IN YOUR DISTRICT CIS`--Sc-c'n.-iN— NOTICE OF HEARING FOR CHANGE IN ZONING MAP PURSUANT TO BUFFALO CITY CODE §511-126 Dear Resident: Re: Rezoning of 975 Fuhrmann Blvd PLEASE TAKE NOTICE that a Petition has been filed by Trautman Associates on behalf of Queen City Landing, LL,C with. a Business Address of 470 Franklin Street, Buffalo, New York 14202 to amend the Zoning Map established by §511-6 of the:Buffalo City Code by changing the zoning of: 975 Fuhrmann Blvd,Buffalo,New York 14203 From: M3-Heavy Industrial District To: CM-General Commercial District The stated purpose of said rezoning being for Mixed. Use Residential and Commercial Development PLEASE TAKE FURTHER NOTICE that a public hearing will be held on the application at the Legislation Committee Meeting in Council Chambers, 13th Floor, City Hall, 65 Niagara Square, Buffalo,NY 14202 on Tuesday,October 20, 2015 at 2:00 p.m. Gerald A. Chwalinski City Clerk Dated: October 5,2015 i i CITY CLERK CITY OF BUFFALO 1308 City Hall Buffalo, N.Y. 14202 CUSTOMER'S ORDER NO. DATE 00 9 TLC v 6 NAME f;,1:(� 17 j ADDRESS SOLD BY CASH` C.0.-0. CHARGE ION ACCT:I MDSE. I PAID OUTr] ETD. R . ES O T UJ ALL claims and returned goods MUST be accomponiedy thi; 111, 4 j 42355 Recdb i 0 i 1 I PCl'1'L"ON 'i'0 AMEND ZONING MAP (MUSS BE 'FILED IN QUADRUPLICA'I'G) (REVISED JANUARY 19931 APPROVED AS TO.FORM ONLY' BY: Division of Planning Room 901 City 11x11 TO: HE COMMON COUNCIL OF THE CITY OF BUFFALO: Pursuant to ArticLe SHV Section 511-126 of•Chapter 511 of the Code of the city of Buffalo, the undersigned petitioner hereby makes application for an amendment or change In the Buffalo Zoning Map concerning certain .premises in the'city as follows: 1. Name and Address of Petitioner: M®- W-1 ih . Pf2•ioi AIA `��?�Ar.} ��s�c.r/kTis �'•7e} �f�i�i.l� 5`�a . ►�yFF,�i,� 1�� iq2t7�. 2. Description of property sought to be rezoned by'street and Address: (this must be verified by the Survey Office- Division of Engineering- Room 605 City Ball.) rlek �P_ QcOFtA1) 3. 'Total area oi' property to be rezoned in square feet: Z� j c f=�C � 20, pees 4. if the petitioner is not the owner of the premises give A. Name o!' owner(s) �h �'tvf }kir r L f Address(es)C�i�a �'!'.;r1T �7Y`ci�P� '��•7� 1Sr �►I�I� �1=�Q��I�ce.f.FA�•'-C� �l�ar1.._ �� �WJ'27 I1..What Is interest of petitioner• in this proposed 'Zoning Amendment ? 5. An accurate survey, by a licensed surveyor, of the property, showing dimensions and all boundary lines, and the-location Of all structures on the premises. TO be attached on both origtnal and eopFles of petition. 6. Legal description, by metes and bounds or the property sought to be rezoned: RA Y. Present zoning classification of premises: I ff. Proposed zoning classifioatIon of premises: 9. Present .use of premises: ` 1 4CAt4`j M. Proposed use* or premises: E'�Af�-(•j C.�iv►Rnf��Gf ikL_ �� r• �N s`� 11. Description of uses on premises adjacent to the proposed rezoning request and the general. description of the kind of neighborhood this area is situated: North- !S�-(Pt + South- L�UeiT } D - Lt Alai West- J_ V_-. Neighborhood description �.T �GhTit=CIt1T A4VAi' &Jt> (XfVViiVW11r AsS6 CIAL-.. 12. D saription of the adjacent zoning distr�io s Surrounding property to be rezoned: North- East- South- West-, L- 1 �Si'liA S11EL"fS.MAY BG.AbbED IF NBEDl D.TO--WSWER'Am nrrq,i,rn►,c J ' � l a PACE 1 2 (Revised 1/93) 13, Map showing all properties, and owners of such properties, included in the ,proposed change, and all properties Having a frontage on both sides of the public highway or highways upon which any premises included in the proposed change have a frontage, within 1100 feet in both directions along such highway or highways from the neareat side line,. or neareat slde,llne extended, of the premises Included In Lhe proposed change; and also, the names of the owners of all Properties located within 50 feet'of the rear or side line of any premises Included in the proposed change must be attached on the original and all copies of the petition. ill. Ll.sb of all owners and current mailing addresses as shown on the above map, required in accordance with Section 511-126 U (2) of Chailter 511 of the Code of the City of Buffalo: NO'CC: PGi'I'1'IONEII IF ItESPONSTflLE FOR I ACCURATE LISTING OF ALL PROPhrry OWNERS WITH CUIt--CNT_MAILING ADDRESSES TO .INSURE PROPER NO'PIBICATION TO ALL P R TO SUCII SONS.LOCALLY ENTITLE NOTICE: ' Name (Please 1'R1N'l') - Address (Please PIIIN'P)• 2. 3.- . 5. 6. 7. 9. .. 10.-- 11. 13. 111._ 16. 17. 19. _ 22. 23.- ?4. 3._?4. 25. 26.- 27. '28. 29. . . 30. 32. 33. 34. - J 35. 36. 37. 3a. 39, 110._ 112. 113. 114. 115. 46. 117. 11B', 119. (USE MRA sNFxTs.Il= NEcrssnnvv 4, PAGE I 1 (Revised 1/93) 15. Tfie petleJoner states the use under the proposed amendment to the zoning reap is noL contrary to'or In violation of any private agreement, bulld.ing restrIoLlons. or other legal restrictions of record. The petitioner holds that the proposed razoning Is riot lnconsistent.with a well considered pian for the development of the City as describes! In Section 511- 2, or Chapter 511 of the Code of the CJLy of Buffalo, and that the proposed zonl.ng is not in conPllot wLLh local objectives , In the development of the C.ity.As a whole. 16. The fdll.owing additional Information Is. rurnished by the petitioner to assist the Coumron counol.l In Its'cons ideratIon of the matter set forth In the petition: nss1�1.1 'n� I�Yo�� laov �olangr 17. Every application, petition or request for a change of,zoning.or for a variance or amendment of the zoning or planning regylations, and every application, ti petition. or request for the approval of a plat or for the exempt•Lon'froLn a plat, of'rlcial uap, license or permit, shall contain the following: '(11) State, to the extent known by the'applioant, whether any State officer or any off ioer of the-County of Erie or the City or Buffalo or any employee of said County or City has any interest:�O)a reaid application: (YES) (.II) State the name and address of person or persons: 1/A ' (C) Sta•e the nature and extent of the lgterest: NO'F10E TO PETITJONIBII:' AN OFFICEII 011 EMPLOYCE SHALL BE DECHCU TO IIAVL' AN JN' RUJIS'l' IN THE, APPLI'CAwr WIIEN lkE SIZE, PIIS/TIER SPOUSE, OR THEIR BBOT11EI1S, SIS'I'CIIS, PARENTS, CHILDREN, GRANOCII I I..AILN, Olt TIjC SPOUSC OF ANY OF THEM: (a) IS THE APPLICANT, Olt (b) JS AN OFFICER, IIIBECI'On, PARTNER OR EMPLOYEE OF THE APPLICANT, OR (o) LEGALLY OR I]ENCFICIALLY OWNS Olt CONTROLS STOCK OF A CO(POIIATE APPLICANT OR IS A MEMBER OF A PAR'T 'NERSHIP OR ASSOCIATION WITII TIIE APPLICANT, OR (d) .IS A PARTY TO AN'AGREEMENT WITH SUCK AN APPLICANT, EXPRESS Olt IMPL'IE'D, WHEREBY I L/SIIC MAY IICCEIVE ANY PAYMCN'J'OR OTHER BENEFIT, WIIE'PIICR Oil NOT FOIL SERVICES RENDERED, 0013NUENT'OR CONTINCCNT UPON THE'FAVORABLE APPROVAL OF SUCH APPLICATION, PETITION Oil 1{EQUCS't'. OWNERSHIP OF LESS TIIA'P FIVE (5) PERCENT OF THE STOCK OF A CORLAIRATION WHOSE STOCK 13 LISTED-ON THE, NEW YORK OR AMERICAN STOCK EXCHANGE SUALL FWCONST'IT'UTE AN INTERS-Sr FOR THE PURPOSES OF THIS APPLICATION. DATE: IT 0Z , , BUFFALO, NEW-YORK. (Signature of etitton ) STAT'R OF HFW YORK ) COUNTY OF I7'111E ) CITY OF 1111FFAL0 ) 0(1 this day of 06.jare"2 , o�, personally appeared before me (NamE )/�Mdy M f--A4FfM,3 a_�, &L-)ai Fg the pei,itloner, to rue known to be the same person described In and who signed and exeeul.ed the foregoing petition and who duly acknowledged to me the execution of Lhe same I'ar the purpose therein.mentioned', J RIGHgRD PETER KUCW1 A 11 � /Y'� _� No.01KWte,ofN Commissioner of Deeds qr ffalo N.Y. Notary Public.State,of New rorfl � � . Cluelified in Notary Public, Erie Coun , .N.Y. xplFes May 31, M C Q y 3/ d My Commission Expires May 31,20_K� Y onmiasion.expires ,1sj!3 /` Does petiLloa require action In acdordance with the General Municipal Lena, SeeL.l.on 239-1, and 239-M ?,(To be-answered.by .I)Ivlslon or Planning). YES. No i REFEREE'S DEED THIS DEED is made this e6day of November,2007 BETWEEN Thomas Whissel, Esq., Referee, duly appointed in the action hereinafter mentioned, Grantor,and Queen City Landing.,LLC,.a New York limited liability company with an address at b MA#iv er ! F ^ a �. IRIZO Z Grantee, sv, � ,q WITNESSETH,that the Grantor,the Referee appointed.in an action between.575 INROAD STREET, INC„Plaintiff,and FUHRM�ANN BOULEVARD,INC'.,FORMERLY KNOWN AS 975 FummANi'v I� uiORD, j 1NC.;AND PEOPLE OF THE STATE OF NEW YORK BY TATE TAX COMMISSION, Defendants,foreclosing a mortgage recorded on November. 19,2004in Liber 13199 of Mortgages at page 6504 in the office of the Clerk of the County of'Erie;said mortgage was consolidated with previous mortgages pursuant to a Consolidation Agreement recorded in Liber 11085 of Deeds at page 5566 in the office of the Clerk of the County of Erie on November 22,2004,in pursuance of a judgment entered at an ex parte term of the Supreme Court of the State of New York,on September 27,2007 and in consideration of THREE MILLION and NO/100ths($3,000,000.00)Dollars paid by the Grantee,being the highest sum bid.at the sale under said judgment does hereby grant and convey unto the Grantee,the premises described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York,being more particularly described an Exhibit"A"attached hereto. Said premises are sold subjecU to any state of facts an accurate survey may show,: to covenants, restrictions andeasements,if any,to violations,zoning regulations and ordinances of the city,town or village in which said premises lie. Said premises are also sold subject to any liens or encumbrances of record not affected by this foreclosure action,and to the rights of any occupants. TO HAVE AND To HOLD the premises herein granted unto the Grantee the successors or distributees and assigns of the Grantee forever, Whenever thetext herein requires,the singular number as used herein shall include the plural and all genders. 1 IN WITNESS WHEREOF,the Grantor has hereunto set his.hand and seal,the date first above written. Thomas Whissel,Esq.,Referee STATE OF NEW YORK. ) COUNTY OF ERIE ss Aj On this day of November,in the year 2007 before me,the undersigned,a Notary Public in and for said State,personally appeared Thomas Whissel,personally known to me or provedto 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 by his signature on the instrument, the individual(s),or the person upon behalf of which the individual acted, uted the instrument. Notary RAYMOND L. PINK 'u:sa,'celNew York :_rfti County Caarx i"on Expires Septemba 30,20/& 3 i i l 1 1 O EXHIBIT A Description of Mortgaged Land ALL.THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 4 of the Ogden Gore Tract,so called, bounded.and described as follows: BEGINNING at the point of intersection of the northerly line of Lot No.4 of the Ogden Gore Tract with the westerly line of Harbor Turnpike(formerly the Sea Wall.Highway Extension);thence along the dividing line between lands of the Lehigh Valley Rail Way Co. and lands of the Buffalo Creek Rail Road Co. the 3 following courses and distances: (1) South 68°47'25" west along the said northerly line of Lot No. 4 of the Ogden Gore Tract, 100.29 feet to the shore line of Lake Erie as it existed in August, 1916; (2)South 20"40' 35" east along said shore line as it existed in August, 191.6, 1..65 feet to a point; (3) South 69" 19'25" west, 1646.47 feet to the Harbor line established by the United States Government and approved march 27 1899; (4) South 27° 7' 35" east along the said Harbor line, a distance of 503.18 feet to a point distant 500 feet. southerly measured at right angles thereto from the third course hereinabove described, dividing the land of the Lehigh Valley Railway Co. and lands of the Buffalo Creek Rail Road Co.; (5)North 69° 19' 25" east parallel to and distant 500 feet southerly measured at right angles thereto from the third course above mentioned, a. distance of 1847.49 feet to the westerly line of the Harbor Turnpike (formerly Hamburg Turnpike); thence along the said westerly line of the Harbor Turnpike (formerly Hamburg Turnpike) the following 3 courses and distances:(6)North 32°25'45"west,218.68 feet to an angle;(7)North 57°34' 15" east at right angles to the last course 12 feet to an angle;(8)North 32°25'45"west,218.97 feet to an angle in. said line; (9)North 68°4630" west along the westerly line of the Harbor Turnpike (formerly the Sea Wall Highway Extension),a distance of 107.28 feet to the place of beginning. EXCEPTING THEREFROM those portions of the above described premises conveyed to the City of Buffalo by deed recorded in the Erie County Clerks Office in Liber 5506 of Deeds at page 27 and those portions taken by the State of New York, by notice of appropriation being Map No. 310,Parcel No. 321 recorded in the Erie County Clerk's Office in Liber 6750 of Deeds at page 26. Tax Map No. 132.06-1-1.1 and 132.06-1-1.2 These Premises are more commonly known as 975 and 1005 Fuhrmann Blvd., City of Buffalo,NY 14203 i 1 To 919 �mpwvqW QUEEN CITY LANDING LLC QUEEN CITY LANDING LLC NIAGARA MOHAWK POWER CORP 1005 FUHRMANN 975 FUHRMANN 1000 FUHRMANN BLVD a� Buffalo, NY 14127 Buffalo, NY 14127 Buffalo, NY 13202 0 0 0 Buffalo, NY Buffalo, NY Buffalo, NY GERDAU AMERISTEEL US INC NIAGARA FRONTIER TRANSPORTATIO 169 BUFFALO RIVER 901 FUHRMANN 0 a Buffalo, NY 33631 Buffalo, NY 14203 Buffalo, NY APOLLO SERVICES INC 670 OHIO 3 FUHRMANN BLVD 0 Buffalo, NY 14 a 03 Buffalo, NY Buffalo, NY ERIE CANAL HARBOR DEVELOPMENT CITY OF BUFFALO CITY OF BUFFALO 1053 FUHRMANN 1200 FUHRMANN 1016 FUHRMANN Buffalo, NY 14203 Buffalo, NY 14202 Buffalo, NY 14203 i 1 1 } City of Buffalo GIS Detailed Parcel ReportG Tax/ot Information: Report Generated: 1 0111201 5 7.•55:23 PM PIN: 1402001320600001001100 SBL: 132.06-1-1.1 , Addr ss: 975 FU RMANN City/Zip Code: Buffalo, NY 14127 Property Owner 1: QUEEN CITY LANDING LLC Mailing Address 1: Property Owner 2: Mailing Address 2: a Property Class: 710 Front: 318 Property Class Description: Depth: 0 MANUFACTURING&PROCESSING Calculated Acres: 19.77 Year Built:0 Living Area: 0 SgFt '�, Y + " f Taxlot highlighted in blue City of Buffalo,its officials,and its employees assume no responsibility or legal liability for the accuracy,completeness,reliability,timeliness,or usefulness of any information provided. Tax parcel data was prepared for tax purposes only and is not to be reproduced or used for surveying or conveyancing. This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. I 1- City of Buffalo GIS Detailed Parcel Report Taxlot Information: Report Generated: 10/2/201511:18:06AM PIN: 140200MO600001001200 SBL: 132.06-1-1.2 Addr s: 1�Wnerl: FURMANN City/Zip Code: Buffalo, NY 14127 Property UEEN CITY LANDING LLC Mailing Address 1: Property Owner 2• Mailing Address 2: Property Class: 710 Front: 169 Property Class Description: Depth: 119 MANUFACTURING&PROCESSING Calculated Acres: 0.48 Year Built:0 Living Area: 0 SgFt 'yrs,ct 1. 975 yiT � I `$ y. } C1'' 4\k 1453 i -- Taxlot highlighted in blue City of Buffalo,its officials,and its employees assume no responsibility or.legal liability for the accuracy,completeness,reliability,timeliness,or usefulness of any information provided. Tax parcel data was prepared for tax purposes only and is not to be reproduced or used for surveying or conveyancing. This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. i 020Pki � J. Kaminsky, Agent, Rezone 429 Plymouth and 378 Normal from an R2 to a C2 to Create a Mixed Use hub with Affordable Housing for Seniors.and Commercial and Community Facility Spaces (Nia)(Hrg 11/04) j REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS l { i 1 3� OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics === a 65 NIAGARA SQUARE - = ROOM 1308 CITY HALL MARY H. BALDWIN _l BUFFALO, NEW YORK 14202 Deputy City Clerk '� PHONE:(716)851-5431 '• FAX:(716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE - PUBLIC HEARING REGARDING: .7 To be held in the Council Chamber, 13th Floor,City Hall On: At 2:00 pm sct am also informed that this is the only notice that the petitioner and or owner will receive,and that if I am not the owner or petitioner,I will inform said owner,petitioner or his/her agent of the above. Signed (Agent,Owner) Print Na A .L lC�►MunS Phone# Date, _ r--I I ATTENTION CONTACT THE PLANNING BOARD,851-5085 FOR PLANNING BOARD DATE&TIME CONTACT THE ZONING BOARD,851-5082 FOR ZONING QOARD DATE&TIME J CONTACT THE COUNCILMEMBER IN YOUR DISTRICT r `�� i I CITY OF BUFFALO y` DEPARTMENT OF - ` PUBLIC WORKS, PARKS & STREETS C�1� � g 4`"1r BYRON W. BROWN STEVEN J. STEPNIAK MAYOR COMMISSIONER PETER J.MERLO,P.E. CITY ENGINEER October 5, 2015 Jenifer Kaminsky BNSC 271 Grant Street Buffalo, NY 14213 RE: Address Certification for 378 Normal Avenue Dear Ms. Kaminsky: The property located on the west side of Normal Avenue and distant Three hundred and Four(304) feet from the north line of Rhode Island Street. The above mentioned property also has a frontage of Twenty Seven (27) feet. The above address has been certified by the Survey and Plans Division of the City of Buffalo's Department of Public Works, Parks and Streets. If you should have any further questions or concerns regarding this matter, please contact Daniel Lombardo, City Survey Office, Room 605, and City Hall at 851-5578. Very truly yours, Daniel Lombardo Investigator r i i 65 NIAGARA SQUARE/502 CITY HALL/BUFFALO,NY 14202-3373/(716)851-5636/FAX:(716)851-4201/Email:sstepniak@city-buffalo.com CITY OF BUFFALO DEPARTMENT OF C,Tit.Y�,-p �~ PUBLIC WORKS, PARKS & STREETS "Ir� BYRON W. BROWN STEVEN J. STEPNIAK MAYOR COMMISSIONER PETER J.MERLO,P.E. CITY ENGINEER October 5, 2015 Jenifer Kaminsky BNSC 271 Grant Street Buffalo, NY 14213 RE: Address Certification for 429 Plymouth Avenue Dear Ms. Kaminsky: The property located on the east side of Plymouth Avenue and distant One hundred Ten I and Ninety hundredths (110.90) feet north of Rhode Island Street. The above mentioned property also has a frontage of Two hundred Sixty Six and Ten hundredths (266.10) feet. The above address has been certified by the Survey and Plans Division of the City of Buffalo's Department of Public Works, Parks and Streets. If you should have any further questions or concerns regarding this matter, please contact Daniel Lombardo, City Survey Office, Room 605, and City Hall at 851-5578. i Very truly yours, Daniel Lombardo Investigator 65 NIAGARA SQUARE/502 CITY HALL/BUFFALO,NY 14202-3373/(716)851-5636/FAX:(716)851-4201/Email:sstepniak@city-buffalo.com r r October 5t6A ", 2015 BNjlsc Nadine Marrero,AICP BUFFAD Director of Planning Office of Strategic Planning NEIGHBORHOOD City of Buffalo STABILIZATION 901 City Hall COMPANY, INC. Buffalo, New York 14202 Rebuilding Neighborhoods One House At ATime Dear Ms. Marrero: Enclosed please find an application for rezoning for 429 Plymouth Avenue and 378 Normal Avenue, Buffalo, NY 14213 for the redevelopment of School 77 into a mixed-use community hub for the West Side. Materials include: • Rezoning application • Text of answers to questions on rezoning application • A survey of the properties • Deeds of the properties with legal descriptions • A map of the properties and surrounding area • A list of all property owners owning property within 400'of the proposed rezoning area I • Project description describing BNSC's plans for rehabilitation and transformation of the building from a school to a mixed-use community hub If you have any questions about this application, please do not hesitate to contact me at 716-882-2672 or len@bnscbuffalo.or . Sincer ly, Jfifer Kamirfsky Director of Planning and Community Development i i 271 Grant Street 1 Buffalo,New York 14213 716 882-2672 phone 716 881-0191 fax www.bnscbuffalo.org PETITION TO AMEND ZONING MAP (MUST 11C )FILED IN 0ADRUPLICA'I'C) (REVISED JANUARY 1993) APPROVED AS TO FORM O LY DATE: lQ BY: �.:✓— Division of Planning Room 901 City Hall TO: '1'I1L COMMON COUNCIL OF THE CITY OF BUFFALO: Pursuant to Article XXV Section 511-126 of•Chap'Ler 511 of the Code of the City of Buffalo, the undersigned petitioner here by,makes application for an amendment or change In the Buffalo Zoning Map concerning certain premises in the 'city as follows: I. Name arid Address of Petitioner: Buffalo Neighborhood Stabilization Co; Inc i 271 Gran re , 2. Description of property sought to be rezoned by sL-reet and Address: (this must be verified by the Survey Office- Division of Engineering- Room 605 City Ball.) School 77 _ 429 Plymouth Ave and 378 Normal Ave, Buffalo, NY 14213 3. ToCal area of property to be rezoned in square feet: 8-3, 853 ll. Ir the petitioner is not the owner of the premises give : A. Name or owner(s) City of Buffalo Address(es) '2501 City Hall, Buffalo, 14202. B: What is interest Of' pettt-ionev In this proposed 'Zoning Amendment ? See attached text 5. An accurate survey, by a licensed surveyor, of the property, showing dimensions and all boundary lines., and the location of all structures on the premises. To be attached on both original and copies of petition. 6. Legal description, by metes and bounds of the pro(ierty sought to be rezoned: ee a `l. Present• zoning classification of premises: R2 6. Proposed zoning classification of premises: C2 9. Present use of pretrtises; see attached Ill• Proposed use or premises: ,Pp attached 11. Description, o[' uses on premises adjacent to tine Proposed -rezoning request and the general descriptl.on of the kind neighborhood this area is situated: North- see attaceCt East South- j West- Neighborhood description- ! 12. Description of the adjacent zoning districts North- surrounding property to be rezoned: Cast- Gee at taC e south- West-. Y ' (EXTRA SHEETS_MAY BE AbbED IF NEEDED.TO-Ails Enl''b.y nttrerrnuc\ PAGE 1 2 (Revised 1/93) 13. Map showing all. properties, and owners of such properties, included in Lhe -Proposed change, and all properties having a. frontage on both sides of Lhe publlr, highway or highways upon which any premises included in the proposed change have a Frontage, within 1100 feet 11) both directions along such highway or highways from. the nearest aide line, or nearest side. line extended, of the premises Included .In the proposed change, and also, the names of the owners of all properties located within 50 feet'of the rear or side line of any premises included In the proposed change must be attached on Lhe original and all copies Of Lhe petition. 111. List of a31 owners and current" mailing addresses as shown on the above map, required In accordance with Section 511-126 0 (2) of Chapter 511 of the Code of the City of Buffalo: NO'T'E: Pl l'I'1'TONETI :TC RESPONSIBLE FOR AN ACCURATE LISTING OF ALL PIt01''11TY OWNERSW3'1'Il , CURRENT MAILING ADDRESSES TO .INSURE PROPER NOTIFICATION 'I'0 ALL PERSONS LEGALLY EN'I"1'I'LEU l'0 SU(:Ii NO ICE: Name (Paeaae l'IiLNY') Address (Please Pllfw ) i. See attached 2. 3. q 5.-- 6. 7, 9. 10.- ._ 111. 15.- 17. lg. .20.---- ' 22. 23.� 25. 26.-- -- 2'l 28. 29. 30. 31. 32. 33. 311, - 35. 36. ---- 37. 38. - 110. - �I1. i 42. J13. tl ti 115. 46. 117. 11f3. 119. 50: (USEEXTRA S111ii'S IC NECrSSe9v1 PAGE Y 3 (Revised 1/93) 15. 'flue peLiLloner• states the use under the proposed amendment to the zoning map is not, contrary to or In violation of any private agreement, bult ing restrictions 01' Other legal restrictions of record. 'Tile petitioner holds that the proposed razoning .is not Inconsistent with a well considered plan for' the d'eve'lopment of the City as described In Section 511- 2, of Chapter 511 of the Code of the CILy 01' Buffalo, and that: tfe proposed. zoning 1.3 riot- In confiiet with local ob•}eetives In the development- of the 0.ty.as a whole. 1G. '1110 following additional Information is rurnished by the petitioner to assist the Collation councLl in Its consideration of the matter set forth'in the petition: a' i 17. Every appi.loatlon, petition or, request for a change of.zoning.or for a variance or amendment of the zoning or planning regulations, and every application, petition or request for the approval of a plat or for the exemption from a plat, } official map, license or permit, shall contain the following: (A) State, to the extgnt known by the'applicant, whether any State officer or any officer of the County of Erie or the City of Buffalo or any employee of said County or' City has any interest In the aforesaid application: (YES) (NO) (I1) State the name and address of the aforesaid interested person or persons: (C) StaLe the nature and extent• of Lhe interest: NOTICE TO PETITIONEII AN OFFICER OR EMPLOYEE SHALL ITR DEEMED TO HAVE AN INTEREST IN THE APPLICANT WIILN lit/SIZE, 11.15/11CR SPOUSE, Ott TuEllt BIIO'ri1ERS, SIS'T'ERS, PARE'N'TS, CHILDREN, GRANDCHIL.DIIEN, 011.1-11E SPOUSE Or ANY OF THEM: (a) is 'r1IE APPL'ICAN'T', Olt (b) iS AN OFFICER, DfIlEcroil, PARTNER Oft EMPLOYEE OF TILE APPLICANT, Oft (c) LEGALLY 011 BENEFICIALLY OWNS OR CONTROLS STOCK Or A CORPORATE APPLICANT Oil IS A HEM13EIZ OF A PARTNERSNIP oil ASSOCIATION WITH THE APPLICANT', Oil (d) .13 A PARTY TO AN AGREEMENT WITH SUCIt AN APPLICANT, EXPRESS OB fMPLIED, WIIEIIEIIY HE/SBL: MAY RECEIVE ANY PAYMENT'011 O'Tl1Elt BENEFIT', WHETHER Oft NOT FOR SERVICES HENDEHI.'D, DOCNUENT Olt CON WEEN'! UPON BENEFIT, FAVORABLE APPROVAL Or SUCH APPLICATION, PETITION oil REQUEST. OWNERSHIP Or LESS.'I'IIAT FIVE (5) PERCENT OF Tjic STOCK or A CORNMIATION WHOSE SHOCK 1S LISTED.ON fill' NEW YORK Oil AMERICAN STOCK EXCHANGE SIIALL tdOCONSTITUT'E AN INTEREST Voll '1'111; PUR.POSCS OF THIS APPLICATION. DATE: )n2 r . j1i���j BUFFALO, N YORK. 'n\ (Signature of Petitioner) STAT'►» (iF MEW YORK ) COUNTY OF ERIE ) C I'T'Y OF Ij(j FALO } Un Th is day 0C_0 )�� � )�J=, personally appeared before me (Nan(j)_ 1r/)Vl 11 l (Address). UG lM� �� "2 r,to t '"7 'L4-7 the peeLiLloner, Lo rue known t be the same person described in and who signed and exeeul.ed the foregoing petl.tlon and who duly vknowiedgpolt tile the execution of 1 the same 1'01' (;he W[,lose therein•mentioned 11, JENIFER Ot%eyl York Conuuisslolier of Deeds, I)uffal.o, N.Y. state Notary`.,PLb.lic, Erie County, N. Notary NObiIo1KA6283325 Myo1lunisslon.expires In Erie cOUTAY3 2011 fs 11 OU %I ted fres Jun My DOmmissionEXp 's peL1Li.On require action in accordance with the General Municipal laud, SeeLlon 239-1, and 239-M ?,('Io bG-answered.by •1).ivislon of Planning). YES. No 1. Name and Address of Petitioner: • Buffalo Neighborhood Stabilization Co., Inc. 271 Grant Street, Buffalo, NY 14213 2. Description of property to be rezoned • School 77, 429 Plymouth Avenue and 378 Normal Street, Buffalo, NY 14213 3. Total area to be rezoned: 83,853 SF 4. Current owner of the property a. City of Buffalo, 2501 City Hall, Buffalo, NY 14202 b. BNSC intends to purchase the building from the City of Buffalo and convert it into a mixed-use facility with residential, commercial, and community facility uses 5. A survey is enclosed 6. Legal description —deeds are enclosed 7. Present zoning classification — R2 8. Proposed zoning classification — C2 9. Present use of the premises —vacant former school building 10. Proposed use of premises • Creation of a mixed-use hub with affordable housing for seniors and commercial and community facility spaces. a 11. Adjacent uses a. North — primarily residential with some commercial uses b. East - primarily residential with some commercial uses c. South - primarily residential with some commercial uses d. West - primarily residential with some commercial uses e. Neighborhood description i. The area is a mixed-use neighborhood where residential as well as retail stores and other small businesses are mixed into the residential fabric 12. Description of adjacent zoning districts a. North — R2, a single parcel C1 district is 177' from the site j b. East— R2, a C1 district is 1218' from the site c. South — R2, a large C1 district is 1400' from the site d. West— R2, a C1 district is 218' from the site 13. See attached map 14. See attached mailing list of all property owners within 400' of 429 Plymouth Avenue and 378 Normal Avenue. 16. See attached project description i i i Z N WN Q a o E d N Y � O N N K N w o be g(at `�0, 0 0 0, Z Q Qro<'n Z J� Z � q3 �o p0?. w QZw F- Zoo m -x L)UI w on w Z m m. j zLu ' NORMAL (66'WIDE) I AVENUE 5 o N N lu - � (THIRTEENTH STREET) �o �•.I••— — - - f-.'r�_. ._-294.0'_— --_I-.r= -- 110.0' g 267.0' tl I•.u•I i 3 I So lNo,378) r I';A.m' I�'I E]AJ n lab� 128.98 o lab� 2]A u d — I'� I61 � V �bE al E29 LIJ lu; IIs = ct a BRICK BUILDING 'g ¢w a (SCHOOL) w € es Sq -r N o.c W d?va LLQ E - N C o H ^_33 2.I 27.0" WyQ K� pg li.9e 04 12.06 N � ® vc� IF ]] 0 7 LINE MIDWAY BETWEEN zB Canos oo�lee a Ge No.429 NORMAL AVE.S PLYMOUTH AVE. 0 4 i'B a zanz 7 0 - Izeb] zzsr 5 � �-• wg1wnP; olabo=a METAL CIAD V r a O �S g 9 BUILDING BLACKTOP PARKING AREA JI.6B 62i Ort w� eL:1 0.90. csl.q PARALLEL WITH PLYMOUTH AVE. .020 sE O ZS 2¢ g In 77m can 'C 266.10' N s .W -1., _ _ _l conn ral_•___ 267.0' s'£• 9�w Pdm A.nd wB�.� .rol: ,arw wBv,7 yT�—r6r°1i1er•'E�a — '— 'gl9 r0 vld.WLe� n— �a�_-.�—�--$o— �E I o0 u�l am o��au i a]I an �2 LYMOUTH �w(66 WIDE) AV WE t52 (TWELFTH STREET) ` ossa i i I I t2-., s � n o� "— y ar o E my .2 I reval uB•BO6aa6B ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Index DEED LIBER Return To: Book 10941 Page 5151. BOX 150 No. Pages 0002 Instrument DEED-EXEMPT Date : 11/06/1998 Time 12:08:5 Control # 199811060626 RAUCH ALLEN RAUCH TT# TT 1998 007702 MARY CITY OF BUFFALO Employee ID FG COUNTY $ 21.00 STATE $ 25. 00 COE $ 5 . 00 $ .00 $ .00 $ . 00 $ .00 $ . 00 $ . 00 Total : $ 26 .00 j I STATE OF NEW YORK TRANSFER TAX ERIE COUNTY CLERKS OFFICE WARNING - THIS SHEET CONSTITUTES THE CLERK' S CONSIDERATN $ 2,500.00 ENDORSEMENT, REQUIRED BY SECTION 316-a (5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH TRANSFER TAX $ .00 DAVID J SWARTS COUNTY CLERK I Illllllllllllllllllllllllllllllllllllllllllllllllllllllll111 D109415151 Li ■ ■ �r IMMILIKM r � f i I �')��►>�I .�1�I�_i��� !fes / ` / `,� �_ I I i i 1 � . . ± . . _ » 6tA § . . . . / : § 7 ^ N . \ \ 2 y° f n m < $ � @ \ \ \ Id \ 00 \ ` \ ¥ \\ � \ ± � d - � | � �hinct Labelsc'reen Selected Table Name Print Preview Exit Addresses , anted Street Name House Number House Number Low HJIM igh r a Criteria option'. - Label Option - Council District Abbreviation (D Owner's;Mailing Address Council,District Only Property Address ® Street Ranee Only Owner Occupied Properties. . Council District and Street range Non Owner Occupied Properties f` CASTIGLIA JOSEPH M CASTRO MICHAEL CASTRO MICHAEL 178 MASSACHUSETTS 305 PLYMOUTH,AVE 305 PLYMOUTH AVE BUFFALO,NY 14213-2140 BUFFALO,NY 14213 BUFFALO,NY 14213 1 CASTRO MICHAEL CITY BUFFALO DIV.REAL ESTATE CITY BUFFALO PERFECTING TITLE 305 PLYMOUTH AVE 2501 CITY HALL �65 NIAGARA SQ RM 901 BUFFALO,NY 14213 BUFFALO,NY 44202 BUFFALO,NY 14202 ATTN:REAL ESTATE CITY 10/28/02 R36 S155 CITY BUFFALO PERFECTING TITLE CITY BUFFALO PERFECTING TITLE CITY BUFFALO PERFECTING TITLE 65 NIAGARA SQ RM 901 .65 NIAGARA SQ;RM:901323 CITY HALL, BUFFALO,NY 14202 BUFFALO,NY 14202 BUFFALO,NY 14202 ATTN:M 158 S/348 BUFFALO PERFECTING TITLE IN RE R155 S314 CITY BUFFALO PERFECTING TITLE CITY BUFFALO.PERFECTING TITLE CITY BUFFALO PERFECTING TITLE 907 CITY HALL 65 NIAGARA SQ RM 920 65 NIAGARA SQ RM 901 BUFFALO,NY 14202 BUFFALO.,NY 14202 BUFFALO,NY 14202 IN REM 156 S/310 R40 S94 OCT.2006 CITY BUFFALO PERFECTING TITLE CITY BUFFALO PERFECTING TITLE CITY BUFFALO PERFECTING TITLE 65 NIAGARA SQ RM 920 65 NIAGARA SQ RM 901 65 NIAGARA SQ RM 920 1 BUFFALO,NY 14202 BUFFALO,NY 14202 BUFFALO,NY 14202 € R40 S118 OCT.2006 i i CITY BUFFALO PERFECTING TITLE CITY OF BUFFALO CITY OF BUFFALO PERFECTING TITLE 3 65 NIAGARA SQ RM 907 2501 CITY HALL 65 NIAGARA SQ RM 901 BUFFALO,NY 14202 BUFFALO,NY 14202 BUFFALO,NY 14202 IN REM 33#264 CITY OF BUFFALO PERFECTING TITLE CITY OF BUFFALO PERFECTING TITLE CITY OF BUFFALO PERFECTING TITLE 65 NIAGARA SQ RM 901 65 NIAGARA SQ RM 901 65 NIAGARA SQ RM 901 BUFFALO,NY 14202 BUFFALO,NY 14202 BUFFALO,NY 14202 IN REM 33#318 IN REM 33#319 IN REM 33#324 i COLANGELO RACHEL J(LE)COLANGELO COMMONWEALTH PROPERTIES L C COONS RICHARD M 399 FOURTEENTH ST 10348 S REDWOOD RD 357 NORMAL BUFFALO,NY 14213-2205 SOUTH JORDAN,UT 84095 BUFFALO,NY 14213-2201 COX ELLEN P CUPELES EDUARDO DANIELLE INC 105-21 132ND ST 591 WEST AVE PO BOX 142 SOUTH RICHMOND HILL,NY 11419 BUFFALO, NY 14213 BUFFALO,NY 14216 { DAVILA CARMEN DAVIS LEON H III DEJESUS ASANTE 231 MASSACHUSETTS AVE 123 GRAPE ST 324 NORMAL AVE BUFFALO,NY 14213 BUFFALO,NY 14204 BUFFALO,NY 14213 C/O(FKA ASANTE KENYATTA) I I phi GUZMAN DOMINIC HABITAT FOR HUMANITY/BUFFALO HARED FARAH 2J 180 MASSACHUSETTS 1675 SOUTH PARK AVE 650 WEST BUFFALO,NY 14213 BUFFALO,NY 14220 BUFFALO,NY 1421.3 LLC HERNANDEZ LUIS A HERRERA FRANCISCO HOVEY ADAM K HOVEY KATHLEEN M 215 MASSACHUSETTS AVE 197 MASSACHUSETTS 210 ANDERSON PL BUFFALO,NY 14213 BUFFALO,NY 14213-2141 BUFFALO,NY 14222 1 HRR FAMILY INC IRAKOZE MARTHA JAMES ALLEN DEVELOPMENT INC. 17509 89TH AVE 443 SEVENTH ST UPPR. 57 LIVINGSTON ST JAMAICA, NY 11432 BUFFALO;NY 14201 BUFFALO,NY 14213 KAPRI BISHNU P KATEBIAN MANSOUR KT MAINTENANCE MANAGEMENT 165 LASALLE 12947 FLINTWOODW.AY PO BOX 472 I KENMORE,NY 14217 SAN DIEGO,CA 92130 BUFFALO, NY 14213 k GROUP INC. IAGUN NAYAN LOHANI DHANI LAPORTA WILLIAM F LAUER KURT E&TORRES BETZAIDA 256 RHODE ISLAND ST 300 BUCYRUS DR 207 RHODE IS I BUFFALO,NY 14213 AMHERST,NY 14228 BUFFALO,NY 14213 I i LEON ANGELICA LILLEY (FKA FORD)TERESA M LOCKWOOD CHARLES G 369 FOURTEENTH ST 382 FOURTEENTH ST 181 LYNDALE AVE BUFFALO,NY 14213-2205 BUFFALO,NY 14213-2206 BUFFALO,NY 14223 LOCKWOOD CHARLES G LOPEZ DAISY MADINA HALAL SWEETS&RESTAURANT 181 LYNDALE AVE 397 FOURTEENTH ST 242 14TH ST BUFFALO,NY 14223 BUFFALO,NY 14213 BUFFALO,NY 14213 MAJEWSKI RICHARD MAJEWSKI RICHARD J MANSO AMARYLIS 312 NORMAL 316 NORMAL 770 PROSPECT AVE BUFFALO,NY 14213 BUFFALO,NY 14213 BUFFALO,NY 14213 MANTCHIK YISRAEL YEHOSHUA MARASCHELLO CHARLES MARASCHELLO MARASCHELLO PAULA MARIE 2885 SANFORD AVE SW 22012 246 RHODE ISLAND ST 241 RHODE IS GRANDVILLE,M149418 BUFFALO,NY 14213-2229 BUFFALO,NY 14213-2229 C/O ABS ENTERPRISE,LLC I 1 MARTINEZ JOSE MASCELLINO PHILIP R MASCELLINO MASS AVE COMMUNITY HOMES 396 FOURTEENTH ST 281 RHODE ISLAND 1201 E FAYETTE ST BUFFALO,NY 14213-2206 BUFFALO,NY 14213 SYRACUSE,NY 13210 HOUSING DEVELOPMENT FUND CORP. RODRIGUEZ ANGEL L III ROUNDPOINT MARY M SANCHEZ JOSE L 233 MASSACHUSETTS 31 SAYBROOK 588 WEST BUFFALO,NY 14213 ORCHARD PARK,NY 14127 BUFFALO,NY 14213 SCUNGIO&JENNIE SCUNGIO JOHN A SCUNGIO CONNIE D SEDA JOSE A 315 NORMAL AVE 319 NORMAL AVE 219:RHODE ISLAND ST BUFFALO,NY 14213-2522 BUFFALO,NY 14,213 BUFFALO,NY 14213-2152 SENATE SPORTMANS CLUB.INC. SERRANO JOSE L. SLUSARCZYK JOHN PO BOX 643 .655 WEST AVE 257 VERMONT ST BUFFALO,NY 14207 BUFFALO,NY 14213 BUFFALO,NY 14213 i SM PROPERTIES OF BUFFALO INC SPANISH CHURCH OF GOD STRACH JAMES 97 LINDEN AVE 279 RHODE IS 373 NORMAL AVE KENMORE,NY 14217 13FLO,NY 14213 BUFFALO,NY 14213 C/O SUMIT MAJUMBAR PRES. STRACH JAMES F TORRES LYDIA SULTANA NIGAR THANT MYO 373 NORMAL AVE 109-36 1:60TH STREET APT.2C 530 FULTON BUFFALO,NY 14213 JAMAICA,NY 11433 BUFFALO,NY 14210 TIRADO OBDUDIO;GARCIA MARIA ESTHER TIRADO OBDULIO TRAN LONG T&TONG T E 370 FOURTEENTH ST 370 FOURTEENTH ST 138 WOODSHIRE BUFFALO,NY 14213-2206 BUFFALO,NY 14213 GETZVILLE,NY 14068 TRIFILO JOHN S ;TRIFILO JOHN S JR;TRI TRIFILO JOHN S JR&JOSEPH TUN TUN CHO MA 146 MILL VALLEY CT 146 MILL VALLEY CT 185 MASSACHUSETTS AMHERST,NY 14051 AMHERST,NY 14051 BUFFALO,NY 14213 ATTN:JOHN TRIFILO JR ATTN:JOHN TRIFILO JR UDDIN HAFIZ G VALLE FRANCISCO VALLE FRANCISCO 121 LOEPERE ST UPPER 260 MASSACHUSETTS AVE 260 MASSACHUSETTS AVE ii BUFFALO,NY 14212 BUFFALO,NY 14213-2219 BUFFALO,NY 14213-2219 VALLONE GINA K VAZQUEZ RAMON&IVETTE VELEZ VICTOR M&RUBY E 201 W UTICA ST 177 MASSACHUSETTS AVE 600 WEST BUFFALO,NY 14222 BUFFALO,NY 14213-2141 BUFFALO,NY 14213-2506 i I I WESTSIDE MINISTRIES INC ZGLINICKI JOSEPH ZGLINICKI JOSEPH 301 FOURTEENTH ST 378 FOURTEENTH ST 378 FOURTEENTH ST BUFFALO,NY 14213 BUFFALO,NY 14213 BUFFALO,NY 14213 Project Description for Adaptive Reuse of School 77 People United for Sustainable Housing (PUSH Buffalo), through its housing development arm the Buffalo Neighborhood Stabilization Co. (BNSC), is currently preparing a development plan to rehabilitate School 77 on Normal Avenue between Massachusetts and Rhode Island on Buffalo's West Side. School 77 is a former City of Buffalo elementary school that now lies vacant. Through a neighborhood planning process started in 2014, community leaders identified the vacant school building as an opportunity to create a mixed-use community hub on the West Side. Once rehabilitated, the building will incorporate a variety of uses including 32 units of affordable housing for seniors, a set aside of units for Frail Elders, office space for PUSH and other area organizations, a community center with gym and classroom space, and utilization of the auditorium for theatrical productions by a local theatre company. The project aims to creatively reuse this former school—to transform it from one kind of neighborhood anchor into another that continues to serve community needs. In order to complete the transformation to a mixed-community hub—identified by BNSC and the surrounding community as the best reuse of the site—the site needs to be rezoned to permit commercial uses. BNSC proposes to rehabilitate and manage the School 77 project. Total project costs are estimated at $13.1 million. The financing for School 77 will primarily utilize the following permanent funding sources: Low Income Housing Tax Credits (LIHTC), Housing Trust Fund (HTF), and Community Investment Fund (CIF) dollars from NYS Homes and Community Renewal (HCR), Federal and State Historic Tax Credits, City of Buffalo HOME funds, and Better Buffalo Funds from NYS Empire State Development. BNSC has assembled a development team of professions with deep experience in mixed-use adaptive rehabilitation in Buffalo, including: • R&P Oak Hill as General Contractor • Steiglitz Snyder Architecture as Architects • Cannon Heyman &Weiss, LLP as Legal Counsel • Preservation Studios as Historic Tax Credit consultant • Oxford Consulting Inc. as Financial consultant PUSH and BNSC have extensive experience with developing and managing quality affordable housing and community spaces. BNSC uses a variety of strategies to create a safe, decent and viable neighborhood on the West Side of Buffalo. The School 77 Project fits directly within the creativity, vitality and spirit of Buffalo's Massachusetts Avenue Corridor Green Development Zone (GDZ) and the vision that its residents have for its future. The GDZ was founded by PUSH in 2008. It is a place-based initiative anchored in a 25-block section of the city's West Side that includes green affordable housing construction, community-based renewable energy projects, housing weatherization, green jobs training and urban agriculture. The best plans and the ones with the highest likelihood of success build on the assets currently available and address the daily needs of those currently living in the West Side. The School 77 project proposes a strategy that meet these local needs, reinforce the positive work that has been going on for several years, and work toward a comprehensive and sustainable neighborhood with opportunities for all who live here. 3 1 -- CITY OF BUFFALO �. OFFICE.OF STRATEGIC PLANNING DIVISION• OF REAL ESTATE BYRON W. BROWN CRRISTIE'R.NELSON MAYOR MEMORANDUM DIRECTOR TO: Nadine Marrero ' Director of Planning FROM: Christie R. Nelson Director of Real Estate DATE: September 30, 2015 SUBJECT: 429 Plymouth (Former School 77) The City of Buffalo, Division of Real Estate has-received a request to acquire the.above referenced property from Buffalo.Neighborhood Stabilization Company; Inc. (BNSC). BBSC intends to convert the former'school into a mixed use community hub to include approximately 30 housing units on the 2nd and 3rd floor and approximately 3,400 sq. ft. of community space and office space, The Common Council approved BNSC as Developer for this project, pursuant to Item #1881; C.C.P. 9/29/20/15. If you have any questions or comments, please do not hesitate.to contact this office at 851-5278. CRN:plg i 65 NIAGARA SQUARE /901 CITY HALL/BUFFALO,NY 14202-3309/(716).851-5261/FAY;(716)851-559,0/wwwxity-buffaloxom Regular Committees I i I l I I Oct. 13,2015 I i CIVIL SERVICE (Rasheed N.C. Wyatt, Chairperson) 3 Oct. 13,2015 02 Q Appoint Traffic Agency Representative(Perm)(Max)(Spada) (ccp# 15-1884,09/29) Mr.Wyatt moved: That Communication 1884 of Sept 29,2015,be received and filed and that the Permanent Appointment of Marlene D. Spada, 99 Highview Circle,Blasdell,NY 14219 at the Maximum Salary of$45,520.00 is hereby approved PASSED AYES - 9 NOES -0 i Recommended by the Committee on Civil Service i i l I 3 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * 3 [-------------] y * y [MAJ - 5 ] [2/3 - 6 ] [ 3/4 - 7 ] { 020CC � } CJ Appoint Systems Support Analyst(Prov)(Inter)(McCrea)(MIS) (ccp# 15-1887,09/29) Mr. Wyatt moved: That Communication 1887 of Sept 29,2015,be received and filed and that the Provisional Appointment of Crystal McCrea,70 West Parade,Buffalo,NY 14208 at the Intermediate Salary of$61,034.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service i s i ` 1J * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [-------------] * l [MAJ- 5 ] [2/3 - 6 ] [ 3/4 - 7 ] 3 `i 1 Appoint Systems Analyst(Temp)(Inter)(Sanfilippo)(MIS) ✓h (ccp# 15-1888,09/29) Mr.Wyatt moved: That Communication 1888 of Sept 29,2015,be received and filed and that the Temporary Appointment of Janet SanFilippo,215 Saranac Avenue,Buffalo,NY 14216 at the Intermediate Salary of$61,034.00 is hereby approved PASSED AYES -9 NOES- 0 Recommended by the Committee on Civil Service -� 1 1 i i I �J _ * AYE * NO * * * FEROLETO * * * FONTANA * * * FRANCZYK * * * GOLOMBEK * * * PRIDGEN * * * RIVERA * * * SCANLON * * * WINGO * * WYATT * * * _ _ I [MAJ- 51 [2/3 - 6 ] [ 3/4 - 7 ] f I 1 i Appoint Heavy Equipment Operator(Prov)(Inter)(Then)(PW) (ccp# 15-1897,09/29) Mr.Wyatt moved: That Communication 1897 of Sept 29,2015,be received and filed and that the Provisional Appointment of William R.Then,322 St.Lawrence Ave,,Buffalo,NY 14216 at the Intermediate Salary of$28,247.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service a I i I � 1 i j M 4 * AYE * NO FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [-------------] T y y [MAJ - 5 ] [ 2/3 - 6 ] [ 3/4 - 7 ] I { t Appoint Laborer II(Perm)(Inter)(Davis)(PW) (ccp# 15-1898,09/29) Mr. Wyatt moved: That Communication 1898 of Sept 29,2015,be received and filed and that the Permanent Appointment of Jorden Davis,50 Timon St,Buffalo,NY 1421 lat the Intermediate Salary of$24,000.00 is hereby approved PASSED AYES - 9 NOES- 0 Recommended by the Committee on Civil Service 1 i 1 * AYE * NO * * * FEROLETO * * FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT 3 ------------- [MAJ- 5 ] _ [2/3 - 6 ] [ 3/4 - 7 ] i 0206) ° Appoint Teller(Perm)(Inter)(Masullo)(PW) (ccp# 15-1899,09/29) Mr.Wyatt moved: That Communication 1899 of Sept 29,2015,be received and filed and that the Permanent Appointment of Stacey Masullo, 1042 Abbott Rd,Buffalo,NY 14220 at the Intermediate Salary of$38,597.00 is hereby approved PASSED AYES —9 NOES —0 a 3 Recommended by the Committee on Civil Service - i 's i i 1 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON * WINGO WYATT ------------- [MAJ- 5 ] �j U [2/3 6 ] * l [ 3/4 - 7 ] 3 i i i i Ur Appoint Truck Driver(Prov)(Inter)(Roberson)(PW) (ccp# 15-1900,09/29) Mr. Wyatt moved: That Communication 1900 of Sept 29,2015,be received and filed and that the Provisional Appointment of Corey Roberson, 161 Trowbridge St,Buffalo,NY 14220 at the Intermediate Salary of$31,830.00 is hereby approved PASSED AYES — 9 NOES—0 a Recommended by the Committee on Civil Service ALN 38 1 i i i j f7� 1 i I * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN 9 RIVERA SCANLON * WINGO * WYATT i _ _ [MAJ— 5 ] I [2/3 — 6 ] [ 3/4 — 7 ] t i s i i U ,10 to) (. 1 Appoint Police Officer(Perm)(Badger)(Pol) (ccp# 15-1901,09/29) Mr.Wyatt moved: That Communication 1901 of Sept 29,2015,be received and filed and that the Permanent Appointment of Armonde M.Badger,202 Berkshire Avenue,Buffalo,NY 14215 at the Starting Salary of$50,373.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service t I I a I * AYE * NO * * * FEROLETO FONTANA FRANCZYK GOLOMBEK 3 PRIDGEN RIVERA SCANLON WINGO WYATT ------------- [MAJ- 5 ] [2/3 - 6 ] [ 3/4 - 7 ] I Appoint Police Surveillance Camera Monitor(Perm)(Sixth Step)(Carr)(Pol) (ccp# 15-1902,09/29) Mr. Wyatt moved: That Communication 1902 of Sept 29,2015,be received and filed and that the Permanent Appointment of Venus Carr, 59 Pierce Court,Buffalo,NY 14209 at the Sixth step of 7 Starting Salary of$27,191.00 is hereby approved PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service i i a I 1 I * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON * WINGO WYATT [- -----------] . [MAJ- 5 ] [2/3 - 6 ] [ 3/4 - 7 ] i i Notices of Appointments-Temp/Prov/Perm(Cty Clk) (ccp#15-1916 9/29) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED a 7_ (,-j Recommended by the Committee on Civil Service R `i i i 0207 f Appoint Deputy Director of Cable Communications(Greene)(PW) (ccp#15-1656 9/01) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 1 f FINANCE (Richard A. Fontana Chairman) 1 a 7 i i a 3� 1 3 1 P a f Oct. 13,2015 0 q Permission to Purchase Vehicle (DPW) (Item No. 1896, C.C.P., Sept. 29, 2015) 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 authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1)pickup truck with a plow, one (1) utility truck, one (1) utility/stake truck and one (1) dump truck with a plow that will be obtained at the best price available by means of New York State vehicle contract or City of Buffalo formal bid for the Division of Engineering. This vehicle will be assigned to the Division of Engineering and will not be a take home vehicle. Funds for these four vehicles are available in Accounts #13113007-474200, 13111007-474200, and an account(s)to be named at a later date.� PASSED Recommended by the Committee on FinanceF "` Chairman F 1 C:\Users\l cinsid4AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\OX32QVW6\Pemussion to Purchase Velucle.docx t 33\ * AYE * NO FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT ------------- [MAJ - 5 ] [ 2/3 - 6 ] [ 3/4 - 7 ] i 1 i +fid ,{p N't a3 �3 Permission to Takeover Impounded Car(Parking) (Item No. 1907, C.C.P., Sept. 29, 2015) Mr. Fontana moved: That the above it be, and the same hereby,returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of Parking to take into inventory an abandoned car that was never claimed from impound. The car is a 2013 Chevy Malibu. PASSED Recommended by the Committee on Finance l � { Chairman i d C:\Users'dmcimE\AppData4.ocal\Microsoft\Windows\Temporary Internet Files\ContenLOutlook\OX32QV W6\Pemnission to Takeover Impowded Car.docx * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT i 1 [-------------] [MAJ- 5 ] [ 2/3 - 6 ] [ 3/4 - 7 ] 3 E 1 0 210 4i 1 A. Thompson-Municipal Violations (ccp#15-851,04/28) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED f Recommended by the Committee on Finance c 2 ; w - 1 Creation of Parking Benefit Districts in COB (ccp#71,03/02) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED a i Recommended by the Committee on Finance j i 3 i i i COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) 3 9 1 j� i Oct. 13,2015 S. Barber Geter-Formally Object to Housing at 347 East Ferry (C.C.P. #15-1917, Sept 29) a Mr. Golombek now moves that the above item be Received and Filed. ADOPTED ( UWW i 1 Recommended by the Committee on Community Development i 1� 1 0 IS R. Wyatt-C.Koeppel-Concerns Storage Facility 400-410 Kenmore(Univ) (C.C.P. #15-1929, Sept 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED i 9 Recommended by the Committee on Community Development i 1 1 iI I f p.9 1 i'V, Common Council Schedule on Government Access (Res. 2002, Sept. 29, 2015) That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. Golombek moved: That the Common Council supports scheduled and consistent time tables for constituent viewing of"Common Council Update shows" on Time Warner Cable Channel 22 which shall be adhered to and should not be changed without written consent of the individual Council Member or Council President and filed with the Office of the City Clerk; and that the Common Council I meetings shall be shown live on Tuesdays and rebroadcast on Wednesdays and Saturdays in addition to other available time tables throughout the week. Adopted. 3 I i i I C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlmk\JSMLCIHS\Resolution-CC Schedule on Gov Across.dmx C� 0 6 M. Gorman-2015 Take Another Look (C.C.P. #15-1819, Sept 15) 1 Mr. Golombek now moves that the above item be Received and Filed. ADOPTED 3 Recommended by the Committee on Community Development i I I Report of Sale—475 Dodge (Ell)(Strat Plan) (Item No. 1603, C.C.P., Sept. 1, 2015) 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 Mr. Francis Nfeugang and Mrs. Elise Ngameni of 22 Peckham Street, Buffalo,New York 14206, in the amount of Two Thousand Dollars ($2,000.00) for the purchase of 475 Dodge 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 Chai an i i 1 3 I 3 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\OX32QV W6\Report of Sale 475 Dodge.docx i * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK * * * PRIDGEN RIVERA SCANLON WINGO WYATT [— -----------] j [MAJ— 5 ] * C 1 [2/3 — 6 ] [ 3/4 — 7 ] 1 i i a i i i 020 , Report of Sale—676 Jefferson(Ell)(Strat Plan) (Item No. 1607, C.C.P., Sept. 1, 2015) 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 011ie Bradberry of 680 Jefferson, Buffalo,New York 14204, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 676 Jefferson j be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees, and that the purchaser agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED Recommended by the Committee on Community Development Chairman 3 3 i I I a C:\Users\IrucinskiWppDataU.ocel\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OX32QVW6\Iteport ofSale 676 Jefferson.docx �� J * AYE * NO 3 FEROLETO FONTANA FRANCZYK * * * GOLOMBEK * * * PRIDGEN RIVERA SCANLON WINGO WYATT [- -----------] [MAJ - 5 ] 2/3 - 6 [ ] [ 3/4 - 7 ] 3 3 !f� I Report of Sale—31 Wyoming (Masten)(Strat Plan) (Item No. 806, C.C.P., Apr. 28, 2015) 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 Kiet Thanh Do and Nam Thi Nguyen of 27 Wyoming, Buffalo,New York 14215, in the amount of One Thousand Nine Hundred Dollars ($1,900.00) for the purchase of 31 Wyoming 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 Chai i P C:\Users\Imcinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\OX32QVW6\Report of Sale 31 Wyoming.docx Z * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT r ------------ [MAJ - 5 ] * �� [2/3 - 6 ] 7 ] [ 3/4 - i 1 21. 0 3 A i S. Hodala-Concerns Building of House at 728 Linwood Ave (C.C.P. #15-750,Apr 14) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED 3 Recommended by the Committee on Community Development i s i s i I 2 0 i� 3 M. Ricchiazzi-Articles-Charlotte,NC Ballpark-Relationship with City (C.C.P. #14-2099, Oct 14) i Mr. Golombek now moves that the above item be Received and Filed. ADOPTED i 3 a 3 Recommended by the Committee on Community Development s s 0 I E. Sullivan-Concerns National Grid Property Btwn Clinton,Elm and Michigan(CP) (C.C.P. #14-1950, Sept 30) i Mr. Golombek now moves that the above item be Received and Filed. ADOPTED a Recommended by the Committee on Community Development i I j J V. Chandler&O-Oppose Construction of Deaconess Heights (C.C.P. #13-59,Dec 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED r I Recommended by the Committee on Community Development a 1 1 R. Fontana-SEAR Assessment Form-Bflo Consolidated Dev Framework (C.C.P. #12-49, May 29) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development Chairman i I1 1 3 CC Intent to Serve as Lead Agency Under SEQR for Bflo Consolidated Dev Framework ' (Exc Res's)(Fontana) (C.C.P. #12-95, May 29) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development Chairman 1 I i i Q � 3 3 D. Smith-Recommendations for Zoning Changes (C.C.P. #12-106, May 1)(#61, 4/5) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be recommitted to the Committee on Community Development. ADOPTED a Recommended by the Committee on Community Development Chair n i I M. Jacobbi,Agent, to Use 488 Franklin to Re-establish a Sit In Restaurant with Front Patio, Add Use of a Bar and Place of Projecting Sign in Front of the Building in the Allen Street Special District(Fill) (Item No. 1930, C.C.P., Sept. 29, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Jacobbi, Agent, to reestablish a discontinued restricted use of a sit-in restaurant without front patio,the use of a bar, and to place a projecting sign in the front of the building,located at 488 Franklin in the Allen Street Special District. PASSED/,- 0 Recommended by the Committee on Legislation firm i l E C:\Users\lmcinsld\AppData\Local\Microsoff\Windows\Temporary Intemet Files\Content.Outlook\OX32QV W6\Reestablish restaurant 488 Fmnktin.dmx Councilmember Franczyk - Fillmore From: JLW <jonathanlwhite@aol.com> Sent: Friday,October 09,2015 4:45 PM To: Councilmember Franczyk- Fillmore Subject: Restaurant proposed for 59 Allen Street Attachments: Allentown Assoc Recommendation to David Franczyk Regarding Proposed Restaurant at 59 Allen St-20150ct08.pdf Importance: Low Councilmember Franczyk: Please know that members of the Allentown Association met this week Wednesday with Michael Jacobbi, who is proposing to open a restaurant at 59 Allen Street. Mr. Jacobbi would like to apply for a full liquor license for the restaurant. The Association had a very productive meeting with Mr. Jacobbi and would like to go on record in supppApf this new business. However, the Association and Allentown residents remain extremely wary of new liquor licenses on an already saturated street that has become the number one police trouble spot in B District late at night. Therefore, the Association requests that the Common Council attach conditions to the approval of this business in the Allen Street special use district. The conditions we request are similar to those that the Council recently imposed at the request of the Allentown Association for the restaurant/bourbon bar that plans to open at 224 Allen. pecifically, we request that Council approval and authorization for this business be granted for 12 months and'! be su< ect�o_annual renewal, that vvill automaticatlyrenew on the_annw�r�a\ry dat-eCouncil takes no action to s�asp_e�r d_the.xengwalAEurther we ask that the Council to reserve the right to decline to renew continued approval of the business at renewal time if�.it isdetermined that the business becomes in any way a detriment to the quality of life of nearby-residents or if a pattern of activity is judged to be in opposition to the standards of operation deemed acceptable to the Council based upon police reports or feedbacl�. m, r residents. Further, we ask that the approval be granted on condition-that the establishment..clos"j.no filter thin :00 AM_.dai.ly and...that..no..liquor is to be.served-after 2-00-AM.-Further, we ask that approval inblude a ondition any change in business plan or operating pattern, such as transition to a tavern rather th4 full service restaurant shall immediately void the operating permits. I told Mr. Jacobbi that a letter of support from the Allentown Association would include a request for these conditions. Mr. Jacobbi indicated that he accepts all of the conditions, including a 2:00 am closing time and noted that he understands the balance that is needed to support both a viable business district and a peaceful residential neighborhood. It is our hope that, going forward, working together with the Council, we can continue to evaluate each new proposal for a licensed business on its own merits and to include reasonable controls that allow the business to success while also respecting the desire of residents to reduce the amount of late night disturbance. Attached is a letter of support from the Association for the proposed restaurant at 59 Allen Street. A hard copy Will ham- ourwffice. Please feel free to contact me should you have any questions. efforts to help us to create a vibrant neighborhood that is viable for both businesses and i * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * [-------------] [MAJ - 5 ] 2/3 - 6 [ ] [ 3/4 - 7 ] i 0 2 0 S, Ordinance Amendment-Ch 154 Discrimination(Rivera) (C.C.P. #15-2001, Sept 29) i Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED 1 Recommended by the Committee on Legislation i Food Store License (New)—2662 Bailey (Masten)(DPIS) (Item No. 1669, C.C.P., Sept. 1, 2015) 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 hereby approves the application of Talal Shaibi d/b/a King City Fashion to operate a food store located at 2662 Bailey. PASSED Recommended by the Committee on Legislation airm 1 C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\OX32QVW6\Food Store License-new-2662 Bailey.docx �Y * AYE * NO * * * FEROLETO * * FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [- -----------] . [MAJ- 5 ] [2/3 - 6 ] [ 3/4 - 7] 1 i I - 0 2 0 Used Car Dealer— 81 Grider(Masten)(DPIS) (Item No. 1676, C.C.P., Sept. 1, 2015) 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 the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Anthony Miller d/b/a TS Affordable Auto Sale, located at 81 Grider. PASSED Recommended by the Committee on Legislation Qr�irman i i j C:\Users\lmcinsld\AppData\Loca]NicrosoR\Windows\Tempomry Intemet Files\ContenLOudwk\OX32QV Wb\Used Car Dealer 81 Grider.docx 1 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON * WINGO WYATT [-------------] * *F [MAJ- 5 ] (� [ 2/3 - 6 ] [ 3/4 - 7 ] I I i A. Bainey-Concerns Buffalo Marijuana (C.C.P. #15-1699, Sept 1) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED 3 Recommended by the Committee on Legislation 3 1 i j 1 Regulation of Multiple Resident Homes(Halfway and Rooming Houses, Group Homes) (exe res)(Smith) (C.C.P. #15-182,Jan 20) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED i Recommended by the Committee on Legislation 1 I i RESOLUTIONS 73 7 I i 1 3i 1 Oct 13,2015 I � f By: Mr. Fontana Ordinance Amendment Chapter 72 Ambulances and Ambulance Drivers The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That§72 of the Code of the City of Buffalo be amended to read as follows: Chapter 72. Ambulances and Ambulance Drivers § 72-1. Definitions. As used in this chapter,the following terms shall have the meanings indicated: ADI Ambulance Dispatch and Inspection. AMBULANCE Any vehicle equipped for the care of and used in the transportation of wounded, sick, injured or infirm people. PERSON Any individual, firm, partnership, association, corporation, company or any organization of any kind. § 72-2. Exemptions. A. Exemptions from the provisions of this chapter shall be: (1)Ambulances owned and/or exclusively controlled by any federal, state, county or other governmental agency. (2) Private vehicles used in the transportation of the convalescent from hospital to home or from home to outpatient clinics. 1 (3)Private vehicles used in the transportation of the infirm or crippled to and from laces for p pp p o [rehabilitory] rehabilitation therapy. (4)A physician, resident intern and registered nurse. B. A volunteer ambulance operating on a college or university campus for the sole purpose of providing service to the members of said academic community shall be exempt from: 1 (1) The license fee for drivers and attendants. 1 6D I (2) That provision of§ 72-3 requiring two licensed ambulance attendants on the ambulance. (The ambulance may operate with one emergency medical technician, according to New York State Public Health Law, Article 30A.) § 72-3. Ambulance license required. On and after the first day of April 1960, no person shall engage in the ambulance service business of transporting patients from a location within the City to any other location without first obtaining a license from the Commissioner of Permit and Inspection Services of the City of Buffalo. Such licensed ambulance shall be operated consistent with the provisions of New York State Public Health Law Article 30, Sections 3005 and 3005A, and New York Codes, Rules and Regulations, 10 NYCRR Part 800. The ambulance driver shall be qualified as an emergency medical technician and shall be accompanied by an additional licensed Emergency Medical Technician as hereinafter provided. § 72-4. Application for ambulance business license. An application for an ambulance license shall be made by the person desiring the same to the Commissioner of Permit and Inspection Services on forms provided. Such application shall state the designated stations or hospitals or such other place or places from which it is intended or desired to operate such ambulance on a twenty-four-hour basis, together with a description of the ambulance and such other information as the Commissioner of Permit and Inspection Services and the Board of Emergency Medical Services shall find reasonably necessary. Applicants must duly verify that each ambulance has been inspected by the Commissioner of Health,certifying that each ambulance meets the requirements of this chapter, pertinent state laws, City ordinances and the applicable sanitary codes. A. Each applicant for an ambulance business license shall submit a letter of approval from the Commissioner of Police and shall submit a current original operating certificate from the New York State Department of Health. B. The licensed ambulance business shall assure that all ambulances utilized in the ambulance business meet all applicable regulations and requirements of New York State and the municipality. § 72-5. Application for emergency medical technician's license. ' Applications for licenses for emergency medical technicians shall be made upon forms to be provided by the Commissioner. of Permit and Inspection Services and shall contain such information as the Commissioner of Permit and Inspection Services and Board of Emergency Medical Services shall deem reasonably necessary, in addition to meeting the following requirements and qualifications: A.Each applicant for a license as an emergency medical technician shall submit a letter of approval from the Commissioner of Police and shall submit a current certificate of completion of an emergency medical technician course approved by the Commissioner of Health. I 2 i i B. Upon being satisfied that an emergency medical technician meets the requirements of this chapter, the Commissioner of Health to whom the application shall be referred shall recommend approval of such application. § 72-6. Emergency Medical Services Board. A. Appointment; membership. The Mayor shall appoint an Emergency Medical Services Board to consist of at least six members and not more than 10 members, each of whom shall serve for a term of three years without compensation. The Mayor shall designate and appoint one of the members of said Board as [Chairman] Chaimerson thereof,who shall be removable at the pleasure of the Mayor. One member of said Board shall be the Director of the Erie County Health Department Bureau of Emergency Medical Service or such other representative as the Erie County a Commissioner of Health may designate. B. Qualifications. The members of the Board shall be persons possessing qualifications satisfactory to the Mayor. C. Powers and duties. The Board shall: (1)Meet on the [first] third Thursday [by] of each month.,or such other time as may.be designated by the [Chairman] Chairperson of the Board. The Board shall file its minutes with the Common Council by the filing deadline immediately following said meeting. (a)A member of the Board who fails to attend three consecutive monthly meetings,without being excused by the Board [Chairman] Chairperson or the Secretary of the Board prior to a scheduled meeting, may be dismissed by the Mayor. (2) Advise, consult with and recommend to the Mayor and the Common Council all matters concerning ambulance service, administration of this chapter and any amendments thereto which it may deem necessary and advisable. The Board shall file any recommendations to the Council with its monthly report. (3) Advise and inform the public concerning any practices in connection with ambulance service which it may consider harmful to the persons in need thereof. (4)Examine and determine the fitness and qualifications of applicants for licenses,using as criteria therefor the information contained in the application and such other or additional proof attached thereto, together with such proof or evidence as the Board may acquire by its own study, examination or investigation, and thereafter, in its certification, recommend to the Commissioner of Permit and Inspection-Services whether or not a license shall be issued to the applicant. (5) Grant, upon written request accompanying the application of the applicant, a hearing on said application or, if the application is denied without a hearing being requested, grant a hearing on said denial, provided that said hearing is demanded in writing within 15 days after denial of the application by the Board. 3 (6)Hear and determine any and all matters relating to the revocation or suspension of licenses and certify its findings to the Commissioner of Permit and Inspection Services. However, a license may be temporarily suspended without a hearing for a period not in excess of 10 days upon notice to the licensee following a finding by the Board that the public health, safety or welfare is in imminent danger. (7)Adopt such rules and regulations as may be necessary to carry out the purposes of this chapter and for the conduct of its duties, including but not limited to: (a)Establish zones of operation within the City boundary lines,using as criteria the responsiveness to emergency calls, the population and rescue call experience, and listing thereon the order of priority of the service so that ADI can, when ambulance service is needed, dispatch in order of said priority, provided that the ambulance or ambulances are not otherwise in service. (b) Extending, modifying, restricting or changing the boundary lines of an assigned ambulance zone of operation as may from time to time be deemed necessary. (c) Providing for the location and staffing of a central control office so that all complaints for ambulance service can be recorded and forthwith forwarded to the Board for its study, review and attention. (d) Coordinating and establishing ambulance charges for patients transported from a location within the City to any other location and requiring ambulance owners to submit, with the application for a license, the rates to be charged for said service in the City and the rates charged for said service when rendered outside the boundaries of the City. (e) Requiring the owner or operator of an ambulance dispatched by ADI to forthwith report the results thereof. (f)Requiring the owners of ambulance businesses to maintain all records as required by New York State and the Emergency Medical Services Board. These records shall be made available upon the request of the Emergency Medical Services Board within 24 hours of said request. (g) Evaluate on an ongoing,regular basis the quality and effectiveness of services. § 72-7. Issuance, term and revocation or suspension of ambulance business license. A. The Commissioner of Permit and Inspection Services shall, upon the approval of the Board of Emergency Medical Services, issue such license upon the payment of the required fee. B. Each such license shall expire on December 31 of the year for which it is issued. C. At any time after a license has been issued,the Commissioner of Health may make or cause to be made further inspections;and if any ambulance is found by him to be in violation of this chapter, the Commissioner of Health may recommend to the Board of Emergency Medical Services that proceedings be instituted to revoke or suspend such license. 4 § 72-8. Issuance, term and revocation or suspension of emergency medical technician's license. A. With the approval of the Board of Emergency Medical Services and the Commissioner of Police, the Commissioner of Permit and Inspection Services shall issue such emergency medical technician's licenses upon payment of the required license fees. B. Each such license shall expire biennially on the last day of the emergency medical technician's birth month. C. After such license has been issued, if it is found that the licensee is violating any of the terms of this chapter,the Commissioner of Health may recommend to the Board of Emergency Medical Services that proceedings be instituted to revoke or suspend such license. § 72-9. Payment of license fees. A. The fee for an ambulance license shall be as provided in Chapter 175, Fees,payable biennially to the Commissioner of Permit and Inspection Services in advance. Separate licenses shall be required biennially for each ambulance operated, and they shall not be transferable, except that a license issued for any vehicle belonging to the same licensee shall be transferred to another vehicle upon application therefor, duly verified and showing that the vehicle previously licensed is no longer to be used for the purpose herein contemplated. B. The fee for an emergency medical technician's license shall be as provided in Chapter 175, Fees, payable biennially to the Commissioner of Permit and Inspection Services in advance. § 72-10. Insurance. All persons who shall operate a licensed ambulance on the streets of the City of Buffalo shall procure a public liability policy, to be issued by an insurance company authorized to do business in the State of New York, to provide liability coverage at levels determined from time to time by the Comptroller. Such policy, or a duly certified copy thereof, or an appropriate certificate of insurance, approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller, shall be delivered to the Commissioner of Permit and Inspection Services before or at the time of issuance of a license. No ambulance shall be operated within the City of Buffalo unless such public liability insurance policy continues in good standing. In the event of any material alteration or cancellation of any policy, at least 10 days' notice thereof shall be given to the Commissioner of Permit and Inspection Services, City Hall, Buffalo,New York 14202. § 72-11. Responsibilities of ambulance business owner. The owner of an ambulance business to whom a license has been issued by the provisions hereof shall be under duty and obligation to: A. Coordinate the ambulance radios or other communication radios with the facilities provided by ADI and County of Erie Medical Emergency Radio System(MERS). 5 �N 3 B. Develop and implement an emergency response management plan and file said plan annually with the Emergency Services Board. Any changes to the plan must be filed with the Emergency Services Board. C. Give prior notice to ADI when and why an ambulance is out of service. D.Inform ADI whether or not any ambulance en route to or returning from a call can render service at the scene of the accident or, in lieu thereof,request the dispatching of other ambulances thereto. E.Notify the Emergency Medical Services Board when a particular ambulance is replaced and, if replaced,provide the Commissioner of Permit and Inspection Services with all the required a information to determine if said ambulance complies with the requirements of this chapter. § 72-12. Responsibilities of emergency medical technicians employed by ambulance service. A. Emergency medical technicians shall: (1) When they arrive at the scene of an accident or disaster, notify ADI whether or not they are in need of additional ambulances and emergency medical services. (2) Take the injured person or the person in need of hospital services to the nearest hospital able to meet the person's needs, consistent with service guidelines, including regional emergency medical services protocols, medical direction and patient choice. B. No person in charge of an ambulance shall refuse to take a wounded or ill or infirm or injured person to a hospital after the need for hospitalization has been determined or if made at the request of the Police or Fire Department. When a person is found ill or wounded or infirm or injured in the street or any public place, however seriously, he or she shall not be left in such location but shall be removed to a hospital. C. Emergency medical technicians shall not cruise in the Buffalo streets except in an emergency declared by the Buffalo Police Department. 3 § 72-13. Equipment and supplies. All ambulances on the streets in the City of Buffalo shall be equipped and maintained consistent with the requirements of Part 800 of New York Codes, Rules and Regulations, Sections 800.21 through 800.26. § 72-14. Grounds for suspension or revocation of license. 3 A. The license of an ambulance business licensee may be suspended or revoked for any of the following causes: 6 i (1) Failure to comply with the provisions of this chapter or the rules and regulations of the Board of Emergency Medical Services. (2) Solicitation of business for attorneys or tow truck companies. (3)Removal and retention of property, money or other assets belonging to a patient. (4)Unbecoming conduct and abusive language in rendering ambulance service. (5)Unprovoked assaults in the discharge of duties. (6) On-duty use of alcohol and/or illegal or non-prescribed drugs. (7) Conviction of a crime involving moral turpitude. B. The license of an emergency medical technician may be suspended or revoked for any of the following causes: (1)Failure to comply with the provisions of this chapter or the rules and regulations of the Board of Emergency Medical Services. (2) Solicitation of business for attorneys or tow truck companies. (3)Removal and retention of property, money or other assets belonging to a patient. (4)Unbecoming conduct and abusive language in rendering ambulance service. (5)Unprovoked assaults in the discharge of duties. (6) On-duty use of alcohol and/or illegal or non-prescribed drugs. (7) Conviction of a crime involving moral turpitude. Section 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3-19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL REFERRED TO THE COMMITTEE N LEGISLATION. Underl ned mater' 's new. Material in brackets [] is repealed. 7 i 0 2 BY: MR. FRANCZYK RE: SUPPORT MOVING CONCERT SERIES AWAY FROM MARINE DRIVE WHEREAS: The Buffalo Waterfront has been positively transformed in a myriad ways beneficial to thousands of people who can enjoy exciting new venues and activities at that location; and, WHEREAS: There are also plans for additional attractions on the waterfront that Buffalonians are eagerly looking forward to, but planners also need to be sensitive to concerns of long-time residents at Marine Drive Apartments; and, i WHEREAS: One of the improvements that can be made is a request that the Erie Canal Harbor Development Corporation and its entertainment promoter Global Spectrum, move the Thursday rock concert series and other music shows away from Marine Drive and into the festival grounds on the Outer Harbor or to Broderick or LaSalle Parks as has been suggested; and, WHEREAS: Moving the concerts away from Marine Drive would lessen the very loud noise from the music,traffic jams and rowdy, drunken behavior from some patrons which have diminished the quality of life at Marine Drive; NOW THEREFORE BE IT RESOLVED:That the Common Council supports the moving of the rock and other concerts away from its current location adjacent to Marine Drive to a site at the proposed festival grounds on the Outer Harbor,or Broderick or LaSalle Park; BE IT FINALLY RESOLVED:That this resolution be forward to the Erie Canal Harbor Development Corporation and Global Spectrum. AVID A. FRA CZYK ADOPTED i 3 I * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [-------------] * , [ MAJ - 5 ] * * [ 2/3 - 6 ] [ 3/4 - 7 ] i I I RESOLUTION By: Messrs. Golombek and Rivera RE: Easement Abandonment for 80-100 Forest Avenue WHEREAS, the City of Buffalo, the Buffalo Sewer Authority and the Buffalo Water Board currently have easements that cross the above identified parcel; WHEREAS, the purchaser of the property is also seeking to purchase the these easement interests as part of the real property included therein; WHEREAS, pursuant to Article 27 of the City Charter and Code, an appraisal of any interest in real property must be undertaken and approved by the Appraisal Review.Board prior to the disposition of any real property interest; WHEREAS, the Appraisal Review Board is currently scheduled to review the appraisal for the easement interests identified above at its meeting on October 14, 2015; WHEREAS,the purchaser seeks the assurance of the Common Council that it will approve the sale of these easement interests, subject to the recommendations and findings of the Appraisal Review Board and any other conditions that the City may require; NOW, THEREFORE,BE IT RESOLVED: That the Common Council hereby confirms that it supports the sale of the easement interests in the above-described real property, subject to the findings and recommendations of the Appraisal Review Board at its October 14, 2015 meeting and any other conditions that the City may require. 1 ' ` k Joseph GolombeJr. David A. Rivera I PASSED 1 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT 3 [-------------] [2/3 - 61 [ 3/4 - 7] I I f By: Mr. Rivera, P` ° Ordinance Amendment Chapter 154. Discrimination The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §154-11 of the Code of the City of Buffalo be amended to read as follows: §154-11. Anti-bias relief. Any person who, with the intent to deprive an individual or group of individuals of the exercise of their civil rights because of the individual's or individuals' race, creed, color, national origin,sex, gender identity and expression, disability, age, or sexual orientation, commits an unlawful discriminatory practice in violation of an individual's civil rights, causes damage to the property. of another or causes physical injury or death to another shall be liable, in a civil action or proceeding maintained by such individual or group of individuals for injunctive relief, damages, or any other appropriate relief in law or equity. In any such action or proceeding, the court, in its discretion, may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. Section 2. It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN MAYOR APPROVED AS TO FORM - Corporation Coudsel 1 NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED f .t i * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RJVERA SCANLON WINGO WYATT [-------------] [MAJ - 5 ] [2/3 - 6 ] [ 3/4 7] i i By: Council Member Wingo No. Appointment Assistant Legislative Aide Councilmember placed in nomination the name of Veola D. Brooks, for appointment to Assistant Legislative Aide Masten District, effective September 30,2015. Seconded by *AYE* NO FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO * * x WYATT Maj-5 2/3- 6 3/4 7 I - r j ADOPTED i 3 3' RESOLUTION In the Common Council of The City of Buffalo, On September 29, 2015 Council Member Wingo, Sr. submitted the following resolution: Strategy for compliance and enforcement Whereas, a significant number of complaints to 311 concern neglected vacant lots, buildings and housing violations; Whereas, a major factor contributing to the neglect reported to 311 is that many vacant properties are controlled by banks or have owners who do not live in The City of Buffalo; and Whereas; despite clear expectations of minimum maintenance standards for real property in The City of Buffalo, large institutions and out-of-town owners are not being held accountable for causing the blight that holds back progress in our otherwise revitalized city: Now,Therefore Be It Resolved that The City of Buffalo Common Council- 1) Requests a working meeting with Department of Permits and Inspections, Strategic Planning, Law Department, Rental Registry, and the Masten District Council Office to develop a strategy for compliance and enforcement of adequate property maintenance; and 2) Requests Council Staff to forward copies of this resolution to department heads of the aforementioned offices. ADOPTED I i 1 f I i r ysees d.Win-go,9F. Masten District Council Member UOW:me Page 1 of 1 BY: MR.WYATT BUDGET AND PERSONNEL AMENDMENT 55—COMMUNITY SERVICES 1560—EMPLOYMENT AND TRAINING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,relating to 55-Community Services, 1560—Employment&Training,Is hereby amended to read: 1 Secretary to the Director of Buffalo Employment and Training (Part Time) $26,615 It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary. OTIS T BARKER,ACTING COMMISSIONER OF COMMUNITY SERVICES AND DONNA J. ESTRICH,COMMISSIONER OF ADMINISTRATION,FINANCE,POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct,administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. OTIS T.BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES I ....... DONNA J.ESTRICH PASSE COMMISSIONER OF ADMINISTRATION,FINANCE,POLICY AND URBAN AFFAIRS i r APPROVED AS TO RM Corporation Counsel 31 3 * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [MAJ - 5 ] * O [2/3 - 61 [ 3/4 - 7 ] i i 6 `➢ RESOLUTION In the Common Council of the City of Buffalo, On October 13, 2015 Council Member Rasheed N. C. Wyatt submitted the following resolution: Conditional License for the Red Sea Market 3154 Bailey Avenue Whereas, In the event that drug and gang activity increase due to the opening of the Red Sea, then the Red Sea Market must provide an armed security guard during their hours of operation. The security would be responsible in keeping the area clear of criminal activity from Berkshire to E. Amherst on the west side of Bailey Avenue; and Whereas, Full compliance with the code of ethics that has been established by the Buffalo Promise Neighborhood; and Whereas, No loitering signs to be posted inside and outside, security cameras that are registered with the City of Buffalo Operation Safe Cam; and Whereas, The police must be called when loitering occurs and Red Sea Market must be willing to sign criminal complaints and full cooperation with law enforcement investigations; and Whereas, Must keep outside of the store clear of debris and store to be closed by 10:00pm daily. Now, Therefore, Be It Resolved that The City of Buffalo Common Council— This license will be subject to review and possible revocation after a I 6 month period of issuance. Approval at this time will be given by Councilman Wyatt, Chief Menza, and Kenya Hobbs of the Buffalo Promise Neighborhood. PASSES , Rasheed N. C. Wyatt University District Councilmember RW/dc CITY OF BUFFALO 3� B Department of Permit & Inspection Services ° September 30,2015 Office of Licenses, .._. 65 Niagara Sq Rim 3.01 • Buffalo,NY 14202 (716)851=4078 INSPECTION TYPE: POLICE. REFERRED TO: MARGARET OVERDORF APPLICAMN FC+R: The Red Sea Store a LICENSE TYPE:: FOOD STORE BUSINESS ADDRESS: 3154 BAILEY LOCATED AT: COUNCIL DISTRICT: University District APPLICANT NAME: SEMERE GEBREMUSIE APPLICANT PHONE: (716)816-8700 APPLICATION NO.: FST15-10026878 REFERRAL DATE: 04/17/2015 REMARKS: DISAPPROVAL REASON: • ........ ... .... : (TO BE COMPLETED BYAGENCY/DEPARTMENT REFERRED TO) APPROVED:' RO D: DATE: z(/ DIS*PPDATE: . REMARKS; . .ecll l Li bio . �/ v�Z . . .. d/ 57 //9e Are ' DISTRICT CAPTAIN: 3; APPROVED ...... .DAT.E:.. DISAPPROVED: DATE: .***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** a REMARKS d'l�L CT CON01 `7DA /tug Ac4_J ��� COMMISSIONER OF POLICE: pcI. Y AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS. REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1 , cu co AD o0 . U)a � � o ¢ E m . ° LL 0 3 ,2 � 3a) ° m cocn ° co j caai CL r- fL o c7 o o.u:i. O o • Co o m m o M . m ai co o: .o q m a co a� C �. -O U U. i.Y N N N N O. .' N G . O O m C O N:C O O co . cu 4- CQ Lu O C C �. Q �.. (1) o o � �:•� N c�' N � •O ca. Ca C LU :3 ,- c U r� _.. �. Co O �: N N •U. QC G 'C3'Co co N O cD E co ' Z7 U p 0 O . Q• O U LL 'Cf cLp N, U. . °. C: . N N. . C) . V A W.. �. .. . cz (D ° .4-+ .Q y-- >> : >. -� > -° -0 .o. co 0 e[ C U 0 . . 0 i i Conditional License for the Red Sea Market—3154 Bailey Avenue Mr. Wyatt moved: That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; That the Common Council hereby approves a Conditional License for the Red Sea Market, located at 3154 Bailey Avenue, which will be subject to review and possible revocation after a six (6) month period of issuance, upon the following conditions: • In the event that drug and gang activity increase due to the opening of the Red Sea, then the Red Sea Market must provide an armed security guard during their hours of operation. The security would be responsible in keeping the area clear of criminal activity from Berkshire to E. Amherst on the west side of Bailey Avenue. • Full compliance with the code of ethics that has been established by the Buffalo Promise Neighborhood. •, No loitering signs to be posted. • Inside and outside security cameras that are registered with the City of Buffalo (operation safe cam). • Must call the police when loitering occurs, and be willing to sign criminal complaints. • Full cooperation with law enforcement investigations. • Must keep outside of the store clear of debris. • Store to be closed by 10:00 p.m. daily. • This license will be subject to review and possible revocation after a six (6)month period of issuance. Approval at this time will be given by Councilman Wyatt, Chief Menza, and Kenya Hobbs of the Buffalo Promise Neighborhood. PASSED i 3 i 3 r hl C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Con[en4Outlook\OX32QV W6\Conditional License.docx * AYE * NO * * * FEROLETO FONTANA FRANCZYK * * * GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT I [- -----------] [MAJ- 5 ] [2/3 6 ] [ 3/4 - 7 ] i 1 I a I 09 y 3gb� RESOLUTION In the Common Council of the City of Buffalo, On October 13, 2015 Council Member Rasheed N. C. Wyatt submitted the following resolution: University District Snow Removal Pilot Project Whereas, last year the severe winter storm caused many neighborhood streets to be unpassable and frustrating for University District residents; and 3 Whereas, the University District Snow Removal Pilot Project would utilize interested block clubs in the district to do a neighborhood alert to residents on their streets on garbage pick-up days, so that the snow plows can plow efficiently; and Whereas, the Department of Public Works will receive a list of block clubs that would like to partner to have their street plow. The block club leaders would alert residents on their street by going door to door by ensuring that the vehicles will be moved off the street to allow the snow plows to go through. Now, Therefore, Be It Resolved that The City of Buffalo Common Council— Request that the Department of Public Works assist in collaboration with the block clubs in the University District to remove snow when allowable to ease traffic issues during winter season. Block clubs will coordinate with the Department of Public Works on non-snow emergencies with University District Snow Removal Pilot Project. 3 Rasheed N. C. Wyatt University District Councilmember 1 ADOPTED AND REFERRED TO PUBLIC WORKS PARKS AND STREETS i RW/bsj 3b3 No. By Mr. Wyatt Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for FreedoM From Workplace Bullies Week By Councilmember Council_ President Pridgen Council members Rivera Scanlon Ferol.eto Franczyk Fontana Wingo Sr Gol_ombek Jr Wyatt Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember jFelicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember i ADOPTED Oct 13,2015 t be City of Jouffalo 4prodamatton, Common Council Whereas, The City of Buffalo has an interest in promoting the social and economic well-being of its citizens, employers, and employees; Whereas, that well-being depends upon the existence of healthy and productive employees working in safe and abuse-free work environments; Whereas, abusive work environments are costly for employers, with consequences including reduced productivity, absenteeism,turnover, and injuries; and Whereas, protection from abusive work environments should apply to every worker, and not be limited to legally protected class status based only on race, color, gender,national origin, age,or disability: Now, Therefore we,members of The City of Buffalo Common Council,hereby proclaim October 19 -25,2015 to be "Freedom From Workplace Bullies Week", and commends the New York Healthy Workplace Advocates and the Workplace Bullying Institute, which raise awareness of the impacts of, and solutions for,workplace bullying in New York and the United States. IN WITNESS WHEREOF, we hereunto set our hands and cause thee, Owl Seal of The City of Buffalo to be affixed. Done at City Hall in Buffalo, David A. Rivera hris her P. anlon New York on this day, Majority Leader Council President Pro Tempore Septe ber 21,2015. Niagara Council Member South Council Member Darius G. Prid n Council President Joel P. Feroleto David A. Franc k Ellicott Council Member ZY Laware Council Member Fillmore Council Member �� �� Richard A. Fontana Ulys es O. mgo, Sr. Lovejoy Council Member Masten Council Member A\ ' Joseph Golombek,Jr. Rasheed N.C.W North Council Member University Councilat ber BY: RASHEED N.C. 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, 2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Dinash Lal Total: 1 Adopted: 10/13/15 3 i i 1 1 j 1 V V� BY: RASHEED N. C. WYATT i ' Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Thomas Carlyle Dewey II Jason Koelle Renee C. Rechan Margarita Rivera TOTAL: 4 Adopted on 10/13/15 I i . i I i r, 2P ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo,New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 20, 2015 at 9:45 o'clock A.M. Committee on Finance Tuesday, October 20, 2015 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 20, 2015 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 20, 2015 at 2:00 o'clock P.M. Special Meetings 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. 3 i 9 t� t { 1 No. a Adj ournment On a motion by Mr. Rivera, Seconded by Mr. Scanlon,the Council adjourned at3:04PM GERALD A. CHWALINSKI CITY CLERK 3 1 i f Oct 13,2015