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Home My WebLink About16-0216 (2) COR::t.ORA ION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO FEBRUARY 16, 2016 AT 2:00 P.M. Present—Darius G. Pridgen, President of the Council and Councilmembers: Feroleto, Fontana, Franczyk, Golombek, Jr, Rivera, Scanlon, Wingo, Sr, Wyatt- 9 Absent -None On a motion by Mr.Rivera, Seconded by Mr. Scanlon,the minutes of the stated meeting held on February 2,2016 were approved. * AYE* NO * * * * FEROLETO * y- * * * * FONTANA * / * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * i PRIDGEN * * * * / * * RIVERA * * * * SCANLON * / * * * * * WINGO * / * WYATT * * * * * [MAJ - 5 ] [2/3 - 6 ] [ 3/4 - 7 ] Feb 16,2016 FROM THE MAYOR Feb 16,2016 3 TO: THE COMMON COUNCIL: DATE: February 16, 2016 FROM: DEPARTMENT: THE EXECUTIVE DEPARTMENT: SUBJECT: Ground Lease Agreement between the City of Buffalo as Landlord and 854 Ellicott St., LLC as Tenant at 854 Ellicott Street in Buffalo Ellicott District Prior Council Reference: Item No. 2006, C.C.P. October 13, 2015 Pursuant to the attached Item No. 2006 of Common Council Proceedings held on October 13, 2015, I informed Your Honorable Body that the City was negotiating with Buffalo Niagara Medical Campus, Inc. (the "BNMC") for a 50 year ground lease with two 25 year extension options for the Ellicott Goodrich Garage property. I am happy to announce that the Ground Lease Agreement has been successfully negotiated. This will now allow the BNMC's affiliate 854 Ellicott St. LLC to construct a new parking ramp of not less than 1600 parking spaces at 854 Ellicott Street and to continue the BNMC's significant progress in the Medical Campus area by partially alleviating parking concerns for the future and, per this Agreement, by creating and funding new community benefit initiatives utilizing certain net cash revenues from new parking ramp operations for the betterment of communities living within one mile of the Medical Campus (e.g., Fruit Belt, Masten Park, Ellicott, Allentown), all as spelled out in the Ground Lease Agreement. On December 16th 2015, the City's Appraisal Review Board reviewed and accepted the $2,913,000 valuation appraisal for the disposition by long term ground lease of the City- owned Ellicott Goodrich Garage property currently improved with a 950 parking space 39 year old parking ramp at 854 Ellicott Street. The Ground Lease Agreement provides for an Initial Rent Payment by Tenant to City of$3,250,000. Additional annual Base Rent will be paid throughout the term as described below. Further terms and conditions of the Ground Lease Agreement shall also include but not be limited to the following: 1. Term —the term of the Ground Lease is 50 years subject to two 25 year renewal term extensions. 2. Non-refundable "Initial Rent Payment" of$3,250,000. 3. The annual Base Rent "Rent Commencement Date" will be no later than April 1, 2018. 4. Tenant will pay the City Base Rent of$267,000 a year during the initial term with 3% increases every five years until the 30th year when the annual Base Rent will go up by the amount of$300,000 with an annual 2% increase in each year thereafter throughout the rest of the initial term and during both of the exercised 25 year renewal terms. February 16, 2016 Ground Lease 854 Ellicott St., LLC Page 2 5. Right of First Refusal — If at any time during the lease the City receives and wishes to accept an offer to purchase the City's interest in the property, the Tenant will have a right of first refusal. 6. Sale or Sublease of Air Rights — Following Tenant's completion of the new parking garage, Tenant has the right to sell or sublease all of its rights to the air space above the new parking ramp (the "Air Rights") and the City shall share in the net proceeds of the sale or sublease. 7. Maintenance and Repairs —Tenant shall be responsible for all maintenance and repairs to the new parking ramp. 8. One of the conditions precedent to Tenant's obligations under the Ground Lease will be the successful sale by City to Tenant of an air rights easement for an overhead pedestrian bridge over and across Goodrich Street connecting the new parking ramp with the new Children's Hospital. Commitment to Community Benefits - The terms and conditions contained in Exhibit E of the ground lease set forth the agreement of the City and the Tenant that the net cash flow derived from the operation of the new parking ramp shall be committed primarily to local community benefits and each party shall comply (or shall use commercially reasonable efforts to cause their affiliate entities to comply) with the community inclusion and diversity and wage objective requirements set forth in Exhibit E of the Ground Lease. Specifically: • All cash flow generated from the operation of the parking ramp, including mixed uses, will be committed to community benefits. Over the first 30 years of the lease, the cash flow is projected to equal approximately $15 million. • BNMC, Inc. will determine the uses funded by 40% of the cash flow and the City of Buffalo will determine the uses funded by another 40% of the cash flow. The City of Buffalo and the BNMC, Inc. have agreed that the community will determine the uses for the remaining 20%. • Uses for the cash flow identified in the attached Terms and Conditions include housing, workforce training, M/WBE initiatives, and buy local initiatives. • In collaboration with the institutions on the Medical Campus, the BNMC, Inc. will annually create a Community Benefit Report that includes extensive information about the employment and procurement operations of the Medical Campus institutions. • The Community Benefit Report, among other things, will be created in lieu of an additional $300,000 payment per year by the BNMC, Inc. • BNMC, Inc. will present the Community Benefit Report to the community and solicit feedback annually as part of its Four Neighborhoods, One Community meeting. In addition, the Community Benefit Report will be available on the 1 BNMC, Inc. website. February 16, 2016 Ground Lease 854 Ellicott St., LLC Page 3 • BNMC, Inc. and the institutions on the Medical Campus have agreed to enhance collaboration with the Buffalo Employment & Training Center and coordinate with the soon to be established Beverly Gray Business Exchange. • The ramp will be operated by non-seasonal employees earning a living wage. • For the construction of the parking ramp, BNMC, Inc. has agreed to the following community benefits: o 25% minority and 5% women workforce goal o 25% MBE and 5% WBE participation goal o Local workforce goal of 75% (meaning workers residing within 100 miles of the project site, excluding Canada). o Retaining a third-party construction monitor to ensure compliance with goals o Completion of mutually agreed upon utilization forms o Goal accomplishment data will be posted on a project sign during construction. o The project will be designed to maximize energy efficiency and follow LEED design principles where practicable o Posting construction employment opportunities at the Buffalo Employment and Training Center I am respectfully requesting that Your Honorable Body (i) approve the attached proposed Ground Lease Agreement between the City of Buffalo and 854 Ellicott St., LLC as described above and authorize me to execute the Ground Lease with only such clarifications and modifications as are recommended by the City of Buffalo's Corporation Counsel's Office in finalizing the Ground Lease Agreement, and (ii) authorize pertinent City personnel to facilitate the Ground Lease Agreement and take all such steps and execute such documents and enter into such agreements and arrangements as are necessary to implement the objectives set forth above and in the proposed Ground Lease Agreement. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: (/). lh CRN:plg • 1 TO: THE COMMON COUNCIL DATE: October 13,2015 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: Lease of the Ellicott Goodrich Garage to the Buffalo Niagara Medical Campus, Inc. ("BNMC,Inc.") I am pleased to inform Your Honorable Body that after extensive negotiations, an agreement has been reached with the Buffalo Niagara Medical Campus,Inc. for the disposition of the Ellicott Goodrich Garage. This agreement allows the BNMC,Inc.to continue the significant progress on the Medical Campus,while creating new initiatives for the community living within the vicinity of Medical Campus supported by a new Medical Campus Community Benefit Fund. Attached for your information is a term sheet agreed to by the BNMC,Inc.,which contains the primary terms to be included in a lease agreement. As the environmental review process must first be completed,no formal action can be taken at this time. This Honorable Body will be asked to consider and approve a formal lease agreement in the near future. The highlights of the lease agreement include: • The City of Buffalo and the BNMC,Inc.will enter into a lease agreement permitting the construction of a new parking ramp on the current site of the Ellicott Goodrich Garage. BNMC,Inc.'s new parking ramp will serve the needs of patients and employees of the Medical Campus and help alleviate the burden of on-street parking in neighborhoods surrounding the Medical Campus. • The lease agreement includes an initial term of 50 years with an option for two 25 year extensions. • BNMC,Inc. will make an initial lease payment of$3.25 million. • BNMC,Inc.will pay$267,000 a year for the lease with a 3%increase every five years until the 30th year of the lease. • In the thirty-first year of the lease,the lease payment will increase by an additional $300,000 and the annual lease payments thereafter will increase by 2%per year. • All cash flow generated from the operation of the parking ramp, including mixed uses, will be committed to community benefits. Over the first 30 years of the lease,the cash flow is projected to equal approximately$15 million. i • BNMC,Inc. will determine the uses funded by 40%of the cash flow and the City of Buffalo will determine the uses funded by another 40%of the cash flow. The City of Buffalo and the BNMC,Inc. have agreed that the community will determine the uses for the remaining 20%. • Uses for the cash flow identified in the attached Terms and Conditions include housing, workforce training, M/WBE initiatives, and buy local initiatives. • The City of Buffalo and BNMC,Inc. will share the net proceeds from the disposition of air rights for any project subsequently built upon the parking ramp to be constructed by BNMC,Inc. • In collaboration with the institutions on the Medical Campus,the BNMC,Inc. will annually create a Community Benefit Report that includes extensive information about the employment and procurement operations of the Medical Campus institutions. • The Community Benefit Report, among other things,will be created in lieu of an additional$300,000 payment per year by the BNMC,Inc. • BNMC, Inc.will present the Community Benefit Report to the community and solicit feedback annually as part of its Four Neighborhoods, One Community meeting. In addition,the Community Benefit Report will be available on the BNMC,Inc.website. • BNMC,Inc. and the institutions on the Medical Campus have agreed to enhance collaboration with the Buffalo Employment&Training Center and coordinate with the soon to be established Beverly Gray Business Exchange. • The ramp will be operated by non-seasonal employees earning a living wage. • For the construction of the parking ramp, BNMC,Inc.has agreed to the following: o 25%minority and 5%women workforce goal o 25%MBE and 5%WBE goal o Local workforce goal of 75%(meaning workers residing within 100 miles of the project site, excluding Canada). o Retaining a third-party construction monitor to ensure compliance with goals o Completion of mutually agreed upon utilization forms o Goal accomplishment data will be posted on a project sign during construction. 2 - 0 TheTroject will be designed to maximize energy efficiency and follow LEED design principles where practicable o Posting construction employment opportunities at the Buffalo Employment and Training Center My administration will continue to update Your Honorable Body as the project develops and looks forward to presenting a formal lease agreement to be approved after the completion of the environmental review process. As always,my administration is available to discuss this groundbreaking agreement in greater detail and to answer any questions you may have. Thank you for your consideration. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor gr SIGNATURE OF DEPARTMENT HEAD: RECEIVED AND FLED 3 3 City of Buffalo&Buffalo Niagara Medical Campus, Inc. Terms and Conditions for Lease of the Ellicott Goodrich Garage Property (2i I. Lease Terms II. Medical Campus Community Benefit Report III. Medical Campus Community Benefit Funding IV. Other Community Benefit Lease Terms 1 I City of Buffalo &Buffalo Niagara Medical Campus,Inc. Terms and Conditions for Lease of the Ellicott Goodrich Garage Property • Intent Statement The City of Buffalo("City")and the member institutions of the BNMC,Inc.("Institutions")recognize that a strong city means a strong Medical Campus and that a strong Medical Campus is vital to the success of the City and its communities. The City and the Institutions recognize the mutual benefits of local business engagement and job and career opportunities for community residents as the Medical Campus grows and develops. The City and the Institutions likewise recognize the mutual benefits of strong and vibrant neighborhoods connected to and engaged with the Medical Campus. The Institutions and local businesses strengthen the city when they hire residents of the city and focus efforts on conducting business with businesses in the city. Institutions strengthen the city by encouraging new employees and new businesses to reside and work in the city. These efforts by the Institutions strengthen Buffalo's neighborhoods and business environment and increase the City's ability to provide essential services through a stronger tax base. These efforts also assist in developing the region in a manner that makes the region stronger. The City recognizes the positive economic impacts of the presence of the Institutions on the Medical Campus and their contributions — both direct and indirect — on the overall health and economic outlook of the region. The City and Institutions mutually agree that the development and ongoing activities of the Medical Campus provide opportunities to strengthen prospects for Buffalo's diverse population and that it is important that this opportunity is recognized by the residents and businesses throughout the city. It is further agreed that the City and the Institutions will continue to work to have a qualified workforce on the Medical Campus reflective of the population of the surrounding communities. The City sets contracting goals of 25% minority and 5%women workforce and 25% minority business enterprise and 5%women business enterprise that provide the community a benchmark for measuring progress. As noted below, the BNMC,Inc.is pursuing these goals for the construction phase of the project discussed herein. The Institutions on the Medical Campus already understand the above objectives and have independently made substantial efforts towards the same. The Institutions and the City wish to ensure that these accomplishments are fully recognized and appreciated for their depth and scope. There are also opportunities for the Institutions to enhance or create initiatives in conjunction with the community and in coordination with the City of Buffalo and other governmental and not-for-profit organizations. Recognizing the value of enhanced communication and coordination, the City of Buffalo will forego redeveloping the Ellicott Goodrich Garage and the surplus revenues generated thereby,and instead lease the site of the Ellicott Goodrich Garage("Site")for development by BNMC, Inc.,in exchange for the terms and conditions below. The City and the BNMC, Inc., agree that the subsequent formal lease document shall be drafted such that the project can be financed by a reasonable lender and such that it remains consistent with these terms and conditions. 2 City of Buffalo&Buffalo Niagara Medical Campus, Inc. Terms and Conditions,for Lease of the Ellicott Goodrich Garage Property I. Lease Terms O The City recognizes that the BNMC, Inc., through a to be formed affiliate entity"Affiliate", wishes to lease the Site from the City to construct a new parking facility which will be owned by the Affiliate. • $3.25 million will by paid on a mutually agreed upon date, identified in the formal lease agreement, which shall be contingent upon the successful completion of the environmental site investigation and financing commitment. • Annual base rent payment of$267,000. • Lease payment increasing by 3% every 5 (five) years, commencing on the anniversary dateof the lease through and including year thirty(30)of the Initial Term of the lease. In year thirty-one(31) of the Initial Term of the lease there shall be a onetime increase of$300,000 in the lease payment, and thereafter the lease payment shall increase by 2%every year. • Term—Initial term of 50 years with an option of two 25 year renewals • City and BNMC, Inc. mutually agree that.preserving an opportunity at mixed use development on the site is in the best interests of both and in order to preserve this opportunity planning needs to begin with development of the parking garage. In order to entice BNMC, Inc. to commence this planning • activity, the City anti BNMC, Inc. mutually agree that the proceeds negotiated in connection with mixed use development from any air rights obtained by the Affiliate under this lease agreement shall be equally shared between the City and BNMC, Inc. after recovery of incremental costs incurred by the Affiliate to accommodate a mixed use development opportunity.The incremental costs will be provided by the Affiliate's contractor during the proposal process and reviewed with the City. II. Medical Campus Community Benefit Report The BNMC, Inc. member Institutions (except for Institutions without a physical presence on the Buffalo Niagara Medical Campus("Campus"))will provide to BNMC, Inc.,to the extent they are legally able to do so, and if kept in the regular course of business or readily attainable,1 the information listed below.The Community Benefit Report allows the Institutions, the City, and the community to understand the substantial commitment of the Institutions to the community and where strategies can be pursued to strengthen this commitment. The BNMC,Inc.shall produce the Community Benefit Report annually. The Community Benefit Report will include the following information: o procurement dollars spent by the BNMC,Inc.and Institutions in total ■ %City of Buffalo based businesses ■ %M/WBE ■ Categories of spending (e.g., furniture, food, construction) to account for the fact that the ability to achieve targets can be different by category ■ Workforce participation accomplishments for businesses contracting with the Institutions • 1"Readily attainable information"is information that is not kept in the regular course of business,but can be obtained by simple observation or by the development of new collection practices that do not result in undue burden on an Institution's existing resources. Prior to adoption of the formal lease agreement by the City,BNMC,Inc.will work with the Institutions to identify the information requested below that is currently available or readily attainable and how that information will be reported by the Institution. If information is not readily attainable,the lack of the provision of the information will not jeopardize the Affiliate's ability to avoid the obligation to make the additional $300,000 payment described in section III below. 3 i) -A4 City of Buffalo&Buffalo Niagara Medical Campus, Inc. Terms and Conditions for Lease of the Ellicott Goodrich Garage Property • Institution contact(s) responsible for overseeing local procurement and diversity • City businesses created by the Institutions(if applicable) o employees working in the Institutions on the Campus • number of employees ▪ Categories of employment(e.g.,doctor,nurse,IT,cleaning) • %City of Buffalo residents and%living in a census tract within one mile of the Campus • %minority and women • In summary form, the # of jobs that were available to the public and filled during the year • education level required for the jobs • identify if new hires live in City and race • %offering a living wage • %identified by Buffalo Employment and Training Center("BETC") • %of minorities and women in management/board positions • Projections if available relating to the future workforce needs of the Institutions and contact(s)responsible for overseeing local hiring and diversity o Schedule of community events of Institutions and BNMC,Inc. o Discuss initiatives being undertaken by Institutions and BNMC, Inc. to the extent these are being done in such areas as: • Employee/Staff related Housing ® Workforce training • Local procurement efforts in supply chain o Community Benefit Funding • Annual approved budget for the ramp including mixed uses, if any ("Ramp") and resulting projected deposits to the Fund. The Mayor's Office of Strategic Planning will provide the BNMC, Inc.with the following information, for the City and census tracts within one mile of the Campus,to include in the Report: • Employment rate. • Educational attainment levels • Median income • Median housing values • • Racial statistics • Housing conditions(e.g.,housing court violations,demolition orders,vacancy) BNMC, Inc. will submit a draft Report to the Mayor's Office of Strategic Planning on a mutually agreed upon date identified in the formal lease agreement on an annual basis. The Mayor's Office of Strategic Planning will confirm receipt of the complete report and once confirmation is received, BNMC, Inc. will publish the final report on its website. III. Medical Campus Community Benefit Funding The cash flow generated by the operation of the Ramp to be constructed by the Affiliate, net of cash designated in order to meet lender mandated requirements and debt service coverage ratios and net of cash designated for maintenance reserve in order to maintain the structure into the future, will be expended on activities intended to benefit City residents and businesses,with an emphasis on residents and businesses located in a census tract within one mile of the Campus ("Community Benefit Funding"). 4 ibAg City of Buffalo&Buffalo Niagara Medical Campus, Inc. Terms and Conditions for Lease of the Ellicott Goodrich Garage Property a` Uses for 40%of the cash flow will be determined exclusively by BNMC, Inc. and uses for another 40%of the cash flow will be determined exclusively by the City. BNMC, Inc. and the City agree to commit the remaining 20% of the cash flow to uses determined by the community. The 60% of the cash flow committed to uses determined by the City and the community will be paid to the City for deposit in a Medical Campus Community Benefit Fund.The City will develop a process for the community within one mile of the Campus to determine the uses. In addition,there will be an additional payment of$300,000 made to the Medical Campus Community Benefit Fund by the BNMC, Inc. if the minimum disclosure requirements are not met as described in Section II and the conditions are not met in this section and Section IV. Attached hereto as Attachment "A" is the pro forma for the proposed development, which includes projections for the cash flow for a period commensurate with the expected Ramp debt service amortization term (30 years). While the pro forma is attached for illustrative purposes only, the pro forma demonstrates the expectation of all parties to this agreement that the Affiliate's operation of the development will generate positive net cash flow(as defined above)over the course of the agreement for the benefit of City residents and businesses. BNMC, Inc. will distribute the Community Benefit Report and will discuss its Community Benefit Funding annually at one of its Four Neighborhoods, One Community public meetings. The objective of meeting with the community is to advise the community of the data in the Report, on the initiatives undertaken by the Institutions, and to solicit feedback from the community on needs and priorities. This information will be considered by the City and BNMC,Inc. as part of seeking input for uses of the Community Benefit Funding. The Funding will be focused on common areas of concern,which may include but are not limited to: 9 Housing • Workforce Training O M/WBE Business Development O Buy Local Initiatives Annually,on a date identified in the formal lease agreement, BNMC, Inc.will provide to the City of Buffalo Mayor's Office and the Common Council the budget approved by the BNMC, Inc. Board of Directors related to the anticipated operation of the Ramp being constructed. IV. Other Community Benefit Lease Terms ® Institutions with a physical location within the Campus will post at, link to, and generally, coordinate with the BETC and the Beverly Gray Business Exchange employment and business opportunities in accordance with regulation,contract,or purchasing affiliation. ® Representatives from the BETC and the Beverly Gray Business Exchange will be invited to participate in the BNMC, Inc.Workforce and Procurement Councils. ® BNMC, Inc.will offer free membership to Dig Buffalo to Executive Directors of the BETC and the Beverly Gray Business Exchange. • BNMC, Inc. and/or Affiliate will operate the Ramp with full time non-seasonal employees that receive a living wage during the term of the lease. ® Desired parking standards that include"first floor activation"are attached as Attachment "B"for consideration by the BNMC, Inc:s/Affiliate's development team. Although not required, efforts will be made to incorporate these standards into the Site design in so far as they are financially and operationally feasible.The final determination of first floor activation incorporation into the • i 5 City of Buffalo&Buffalo Niagara Medical Campus,Inc. Terms and Conditions for Lease of the Ellicott Goodrich Garage Property design will be shared with the City as a part of the City planning process in the normal course of business. e BNMC, Inc., will provide annually to the Mayor's Office of Strategic Planning, the Audited Financial Statements of the BNMC.,Inc.,which will include the activity of the Affiliate,as certified by an independent auditor and the annual statement of operations related to the Site. The independent audit is performed in accordance with Generally Accepted Auditing Standards and is governed by the American Institute of CPA's. Audits are designed to provide reasonable assurance that the financial statements are presented fairly and in accordance with Generally Accepted Accounting Principles. e Construction o 25%minority and 5%women workforce goal o 25%MBE and s%WBEgoal o Local workforce goal of 75% (meaning workers residing within 100 miles of the project site,excluding Canada). o BNMC, Inc. and/or the Affiliate will retain a third-party construction monitor to ensure compliance with goals o The BNMC,Inc.and/or Affiliate will complete mutually agreed upon utilization forms o Goal accomplishment data will be posted on a project sign during construction. o The project will be designed to maximize energy efficiency and follow LEED design principles where practicable • o BNMC, Inc.and/or the Affiliate agree to post construction employment opportunities at the Buffalo Employment and Training Center • 6 City of Buffalo&Buffalo Niagara Medical Campus, Inc. 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U3 trl 4.6 Li' to' cci tu irt4 cr co to o o 1.f1 st r-I N CO N tO 0 rn I, cf. N CI)i on csi 'SI CI 2 13 4 rg •Q- 1. CO Lf1 en ni N LC; LO 0 0 inc».13" :•t" CI ,4 LO N. 0 0 I, LD N OPP CD 14 N U3 0 01 r-I tO C71 C, )"• ni Cr) N U 4c'04' 01 'ea = = = .2 4 cc c = ae 4-' ov, SE E .0 EE oEw 00 CL eD ru o o ct. x te, 1p a, 1-6 E o w " o3 .o co Li U O. ". 0 Gi 0 COL) U CE OCe = Ln WD. WL. W w rlw cco zcocc (..) o (..) 2 z City of Buffalo&Buffalo Niagara Medical Campus, Inc. Terms and Conditions for Lease of the Ellicott Goodrich Garage Property • • ATTACHMENT"B" 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-1D, N-1C, N-1S, N-2C,N-2E,N-3C,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 tenant spaces. Each commercial tenant space must have a minimum depth of 35 feet, measured from the front facade. 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! 7 GROUND LEASE AGREEMENT THIS GROUND LEASE AGREEMENT (the "Lease") is made and entered into as of this day of February, 2016 (the "Effective Date"),by and between the CITY OF BUFFALO, a municipal corporation of the State of New York having its principal place of business at 200 City Hall, 65 Niagara Square,Buffalo,New York 14202 ("Landlord") and 854 ELLICOTT ST.,LLC, a New York limited liability company having an address of 640 Ellicott Street, Suite 401,Buffalo,New York 14203 ("Tenant"). In consideration of the covenants and agreements in this Lease, Landlord and Tenant hereby agree as follows: 1. LEASE OF PREMISES; RIGHT OF FIRST REFUSAL 1.1. Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,the parcel of real property known as 854 Ellicott Street,Buffalo,New York(SBL No. 100.71-5-2.11) as further described on the attached Exhibit A(the "Land") upon which Tenant's Parking Structure(as hereinafter defined in Section 6.1) is to be constructed on the Land and all other improvements now existing or hereafter built on the Land(collectively,the"Improvements"),together with all appurtenances, rights of ingress and egress appurtenant to the Land, and all appurtenant easements owned or controlled by Landlord which benefit the Land(along with the Land and Improvements are hereinafter referred to collectively as the"Premises"). 1.2. Right of First Refusal. If at any time during the Term(as defined below), Landlord in good faith receives a bona fide offer to buy the Premises or any component or portion thereof and Landlord in Landlord's sole discretion wants to accept the offer, or if Landlord shall in good faith make an offer to any third party to sell the Premises or any component or portion thereof(individually, an "Offer"),Landlord shall make as a condition thereof that such sale or purchase shall be subject in all respects to the rights of Tenant under this Lease, and shall promptly and in good faith fully communicate to Tenant the terms and provision of such Offer,and Tenant shall thereupon have the right to purchase the Premises or such part thereof, at the terms and upon the provisions of such Offer. Upon receipt by Tenant of notice of any such Offer and the terms and provisions thereof, Tenant shall have thirty (30)business days in which to elect to exercise its right of first refusal set forth above, and shall within such time notify Landlord of its election. If Tenant elects to purchase,Landlord shall within thirty(30) business days thereafter deliver to Tenant(a) a fully guaranteed tax and title search covering the Premises only, or such component or portion thereof,updated so that the last continuation of the Abstract shall be dated subsequent to the date Tenant exercises its right of first refusal hereunder(the"Exercise Date") and where not covered by the search, a local tax certificate, and(b)a survey of the Premises or such portion thereof, dated subsequent to the Exercise Date,prepared in accordance with Bar Association of Erie County Standards and certified at Landlord's expense to Tenant and its title company. Within thirty days thereafter,Landlord shall convey good and marketable title to the Premises, or such component or part thereof, by quit claim deed, free of all liens and encumbrances, except for Permitted Encumbrances and those encumbrances created by Tenant. The conveyance will otherwise be on terms and conditions which are customary in Erie County,New York for real estate conveyances, except that Tenant shall pay the transfer tax. Landlord is obligated to cure all title defects which are attributable to monetary obligations owed by Landlord but shall not be obligated to expend more than $5,000 in the aggregate to clear non-monetary title defects. 2. TERM; RENT COMMENCEMENT DATE; CONDITIONS PRECEDENT. 2.1. Term. The original term of this Lease shall begin on the Effective Date and end fifty (50)Lease Years (as defined below) after the Rent Commencement Date (as defined below),unless extended or terminated earlier, as provided for herein. The term of this Lease shall continue for any extensions thereof pursuant to this Lease unless terminated earlier in accordance with this Lease. As used in this Lease,the "Term" shall mean the original term as the same may have been extended pursuant to Section 3. The term "Lease Year" shall consist of each twelve (12) calendar month period after the first Lease Year,which shall begin on the Rent Commencement Date and end on the last day of the twelfth(12th) full calendar month after the Rent Commencement Date. 2.2. Rent Commencement Date. The Rent Commencement Date shall be the earlier of (a)the date in which Tenant has completed construction of Tenant's Work and has commenced business operations at the Parking Structure or(b)April 1, 2018. Upon request of either Landlord or Tenant,Landlord and Tenant shall enter into an agreement in the form attached here to as Exhibit C confirming, among other items,the date on which the Rent Commencement Date occurred. 2.3. Conditions Precedent. This Lease may be terminated by Tenant if any of the following conditions (individually and collectively,the"Conditions Precedent") are not satisfied(or waived in writing by Tenant)by the Rent Commencement Date: (a) Tenant has obtained a financing commitment, in form and substance satisfactory to Tenant in its sole discretion, from Tenant's lender to finance the hard and soft construction costs and other related costs of Tenant's Work, along with Tenant's initial payment of Three Million Two Hundred-Fifty Thousand Dollars ($3,250,000)to become due pursuant to Section 5.1 hereof, and the closing on such financing commitment has occurred (collectively,the"Finance Closing"); (b) The Landlord has delivered the Premises to Tenant free of all tenants, occupants, • personal property, liens and encumbrances, other than those parking tenants and parking occupants associated with the Existing Lease (as hereinafter defined) and the Permitted Title Exceptions (as such term is hereinafter defined); and (c) Landlord has provided Tenant with evidence, satisfactory to Tenant in its reasonable discretion,that the City of Buffalo's Common Council has approved and fully supports the granting by Landlord to Tenant of a perpetual, exclusive permanent air rights easement to construct, reconstruct,use, operate and maintain a pedestrian overhead bridge across Goodrich Street to connect the Parking Structure to the Oishei Children's Hospital; subject to Tenant and Landlord completing the abandonment process typically required by Landlord for conveyance of such rights. Following the execution of this Lease, Tenant shall promptly order an air rights valuation appraisal to provide to the City of Buffalo's Division of Real Estate in connection with the commencement of such abandonment process. If, for any reason, any of the Conditions Precedent are not satisfied(or waived in writing by Tenant)by the Rent Commencement Date,Tenant may terminate this Lease upon written notice to Landlord within five (5) days following such Rent Commencement Date. 2.4. Existing Lease. Following the Effective Date and for so long as the existing parking garage located on the Premises is operational and open for business, Tenant(or the BNMC related entity currently leasing the Premises from Landlord) shall continue to pay to Landlord monthly rental amounts, as such amounts become due pursuant to the terms of the existing lease agreement between Landlord and Tenant(or the BNMC related entity currently leasing the Premises from Landlord)with respect to such existing parking garage (the "Existing Lease"). Upon the occurrence of the Rent Commencement Date,the Existing Lease shall be deemed terminated and replaced in its entirety by this Lease. Upon such termination, neither party shall have any further liabilities or obligations under the Existing Lease. 3. OPTION TO EXTEND TERM. Tenant has the right to extend the Term for two (2) successive periods of twenty-five(25)years each(each, a"Renewal Term"). Each right to extend the Term may be exercised upon notice to Landlord no less than six(6)months prior to the end of the then current Term. 4. ABSTRACT/SURVEY; PERMITTED TITLE EXCEPTIONS; DUE DILIGENCE. 4.1. Abstract/Survey. Tenant will procure at Tenant's initial cost and expense, (i) a fully guaranteed tax and title search covering the Premises only (the"Abstract") and (ii) an update of the current Foit-Albert survey of the Premises. Tenant shall have the right to take a one-time only credit from the annual Base Rent payment in an amount of up to and not to exceed$1,000 in the aggregate to cover the demonstrable expenses of the title work and survey update. Tenant shall not look to the Landlord to pay for any other title or survey related expenditures including but not limited to title insurance. 4.2. Permitted Title Exceptions. The term"Permitted Title Exceptions" means the documents affecting title to the Premises, as described on Exhibit B hereto. 4.3. Due Diligence. During the sixty (60) days following the Effective Date ("Inspection Period"), Tenant shall have the right to conduct its own title examination and inspection of the Premises. In connection therewith, Tenant or its agents shall have the right to do environmental investigations, surveying, engineering and other tests with respect to the Premises. The Premises shall be restored by Tenant to substantially the same condition as it was prior to Tenant's inspection. Landlord shall forward to Tenant copies of all existing title searches,title policies, surveys,plans, drawings, environmental studies, environmental impact statements, engineering reports that affect or relate to the Premises which are in Landlord's possession,within three(3) days following the Effective Date. Tenant shall indemnify, defend and hold harmless Landlord and hold Landlord harmless from and against any and all loss, costs, damages, actions, or expense suffered by Landlord as a result of any personal injury,property damage, or lien resulting from any of the activities undertaken by Tenant pursuant to this paragraph. Notwithstanding anything to the contrary set forth in this paragraph, Tenant shall have no duty or responsibility to indemnify Landlord regarding any environmental conditions not caused or created by Tenant or for any Pre-existing Environmental Conditions (as such term is hereinafter defined) or physical conditions discovered in the course of such due diligence activities. If Tenant determines (in Tenant's reasonable discretion)that the Premises are unsatisfactory to Tenant for any reason or for no reason at all, Tenant may elect to cancel this Lease by giving written notice to Landlord on or before the end of the Inspection Period,whereupon this Lease shall be deemed to be terminated as of the date of such notice, and neither party shall have any further rights or claims against the other with respect to this Lease. In the absence of such notice of termination,this Lease shall be and remain in full force and effect. Upon the completion of the Inspection Period and in the absence of such notice of termination,Tenant agrees to provide Landlord with the following items with respect to Tenant's Work: (a)a statement of its sources and uses of funds, (b) an executed design-build agreement; and (c) a performance bond by the Tenant's general contractor. 5. INITIAL RENT PAYMENT; BASE RENT; RENEWAL TERMS; SECURITY DEPOSIT 5.1. Initial Rent Payment. Upon the occurrence of the Finance Closing,Tenant shall pay to Landlord a one-time non-refundable initial rent payment of Three Million Two Hundred-Fifty Thousand Dollars ($3,250,000.00). This payment in its entirety shall be allocated into the City of Buffalo's general fund and is not refundable.Notwithstanding anything contained in this Lease which could be construed to the contrary, it is expressly agreed that payment by Tenant to City of the $3,250,000 Initial Rent Payment is a key milestone for the City in this Lease transaction and accordingly the Tenant and the Landlord agree that the $3,250,000 Initial Rent Payment must be paid by Tenant to Landlord(i)prior to the cessation of parking operations currently in place at the Premises, (ii)prior to commencement by Tenant of any demolition activities with respect to the existing parking ramp on the Premises and(iii) in any event no later than April 1, 2018. 5.2. Base Rent. Commencing on the Rent Commencement Date,Tenant shall pay to Landlord, in monthly installments and at the address specified in Section 31, "Base Rent". The Base Rent shall increase at a rate of three per cent(3%) every five (5)years for Lease Years one (1)through thirty (30) as set forth on the schedule below. The first such payment shall be due on the first day of the calendar month after the Rent Commencement Date. Base Rent for any period less than a full calendar month shall be calculated on a per diem basis. Any per diem Base Rent due for the period between the Rent Commencement Date and the first day of the calendar month after the Rent Commencement Date shall be due together with the first installment of Base Rent on the first day of the calendar month after the Rent Commencement Date.As of the beginning of Lease Year thirty one (31),the annual Base Rent shall increase by $300,000; and the annual Base Rent payments thereafter shall increase by two per cent(2%) annually as set forth as follows: Lease Year(s) Annual Base Rent Monthly Base Rent 1 —5 $267,000.00 $22,250.00 6— 10 $275,010.00 $22,917.50 11 - 15 $283,260.30 $23,605.03 16—20 $291,758.11 $24,313.18 21 —25 $300,510.85 $25,042.58 26 - 30 $309,526.18 $25,793.85 31 $609,526.18 $50,793.85 32 $621,716.70 $51,809.73 33 $634,151.03 $52,845.92 34 $646,834.05 $53,902.84 35 $659,770.73 $54,980.89 36 $672,966.14 $56,080.51 37 $686,425.46 $57,202.12 38 $700,153.97 $58,346.16 39 $714,157.05 $59,513.09 40 $728,440.19 $60,703.35 41 $743,008.99 $61,917.42 42 $757,869.17 $63,155.76 43 $773,026.55 $64,418.88 44 $788,487.08 $65,707.26 45 $804,256.82 $67,021.40 46 $820,341.96 $68,361.83 47 $836,748.80 $69,729.07 i 48 $853,483.78 $71,123.65 49 $870,553.45 $72,546.12 1 50 $887,964.52 $73,997.04 5.3. 5.3. Renewal Terms. During each Renewal Term(s),this Lease shall be upon the same terms and provisions as set forth in this Lease except that Base Rent shall increase by two per cent(2%) annually, as follows: Lease Year of First Annual Base Rent Monthly Base Rent Renewal Term 51 $905,723.81 $75,476.98 52 $923,838.29 $76,986.52 53 $942,315.05 $78,526.25 54 $961,161.35 $80,096.78 55 $980,384.58 $81,698.72 56 $999,992.27 $83,332.69 57 $1,019,992.12 $84,999.34 58 $1,040,391.96 $86,699.33 59 $1,061,199.80 $88,433.32 60 $1,082,423.80 $90,201.98 61 $1,104,072.27 $92,006.02 62 $1,126,153.72 $93,846.14 63 $1,148,676.79 $95,723.07 64 $1,171,650.33 $97,637.53 65 $1,195,083.33 $99,590.28 66 $1,218,985.00 $101,582.08 67 $1,243,364.70 $103,613.72 68 $1,268,231.99 $105,686.00 69 $1,293,596.63 $107,799.72 70 $1,319,468.57 $109,955.71 71 $1,345,857.94 $112,154.83 72 $1,372,775.10 $114,397.92 73 $1,400,230.60 $116,685.88 74 $1,428,235.21 $119,019.60 75 $1,456,799.91 $121,399.99 5.4. Lease Year of Second Annual Base Rent Monthly Base Rent Renewal Term 76 $1,485,935.91 $123,827.99 77 $1,515,654.63 $126,304.55 78 $1,545,967.72 $128,830.64 79 $1,576,887.08 $131,407.26 80 $1,608,424.82 $134,035.40 81 $1,640,593.32 $136,716.11 82 $1,673,405.18 $139,450.43 83 $1,706,873.29 $142,239.44 84 $1,741,010.75 $145,084.23 85 $1,775,830.97 $147,985.91 86 $1,811,347.59 $150,945.63 87 $1,847,574.54 $153,964.54 88 $1,884,526.03 $157,043.84 89 $1,922,216.55 $160,184.71 90 $1,960,660.88 $163,388.41 91 $1,999,874.10 $166,656.17 92 $2,039,871.58 $169,989.30 93 $2,080,669.01 $173,389.08 94 $2,122,282.39 $176,856.87 • 95 $2,164,728.04 $180,394.00 96 $2,208,022.60 $184,001.88 97 $2,252,183.05 $187,681.92 98 $2,297,226.71 $191,435.56 99 $2,343,171.25 $195,264.27 100 $2,390,034.67 $199,169.56 5.4. Security Deposit. None 6. CONSTRUCTION OF TENANT'S WORK; COMMITMENT TO COMMUNITY BENEFITS; DISPOSITION OF AIR RIGHTS. 6.1. Construction of Tenant's Work. With respect to the currently existing parking facility on the Land, Tenant is solely responsible for securing all demolition permits and for contracting for and paying for the demolition and for all the costs of demolition as well as for all costs for properly disposing of demolition materials and debris and all costs relating to environmental and neighborhood concerns and all matters associated with the demolition. Provided all appropriate permits have been obtained by Tenant, Tenant may construct a parking structure (having a minimum of 1600 parking spaces) on the Land to serve the needs of the patients, employees, students, agents, invitees, licensees,tenants, subtenants and guests of the Buffalo Niagara Medical Campus without having to obtain the prior consent or approval of Landlord(the "Parking Structure"); provided that Tenant uses commercially reasonably efforts to incorporate Landlord's desired parking standards described on Exhibit D attached hereto into the design of the Parking Structure to the extent that such standards are financially and operationally reasonably feasible(collectively, "Tenant's Work"). Landlord agrees,where reasonably necessary,to cooperate and execute applications for permits, in its proprietary capacity as record owner of the Premises, as may be reasonably requested by Tenant in good faith with respect to Tenant's Work; provided that Landlord shall incur no out-of-pocket expense in connection therewith or Tenant shall reimburse Landlord for all such liability and expense incurred by Landlord for such participation. Landlord agrees that it shall not take any steps to unreasonably impede the permitting process or prevent Tenant from obtaining such permits or municipal approvals with respect to Tenant's Work. Provided the $3,250,000 Initial Rent Payment has been made,Landlord acknowledges that Tenant owns the Parking Structure and all improvements now or hereafter located on the Land and that Tenant alone shall be entitled to deduct all depreciation on Tenant's federal and state income tax returns with respect to Parking Structure and all other improvements. 6.2. Commitment to Community Benefits. Pursuant to and in compliance with the terms and conditions set forth in the attached Exhibit E, Landlord and Tenant hereby agree that the cash flow derived from the operation(including but not limited to proceeds derived from the permitted subletting) of the Parking Structure (which cash flow shall be net of operating expenses, cash designated to meet lender mandated requirements, debt service coverage ratios, and cash designated for a maintenance reserve to maintain the Parking Structure in the future) shall be committed to local community benefits and each party shall comply (or in the limited instances described in Exhibit E shall use commercially reasonable efforts to cause their affiliated entities to comply)with the requirements set forth in Exhibit E. Notwithstanding anything to the contrary contained herein, any proceeds received by Tenant from the sale, rental or subletting of all or any portion of the Air Rights (as hereinafter defined in Section 6.3 below) shall be excluded from cash flow for purposes of the calculation of the net cash flow allocable to community benefits. Notwithstanding anything to the contrary contained herein, upon the conveyance or transfer by Landlord of all or any portion of its interests under this Lease to any party other than Tenant, all of Tenant's community benefit obligations set forth in this Section 6.2 or Exhibit Eof this Lease shall automatically cease upon the effective date of such conveyance or transfer, including but not limited to, any reporting or disclosure obligations or any requirement to remit cash flow from the Parking Structure to the City of Buffalo, except that Tenant agrees to continue to remit up to twenty percent(20%) of its net cash flow from the Parking Structure to the City of Buffalo for specific neighborhood and community uses. 6.3. Sale of Air Rights. Following Tenant's completion of the Parking Structure, Tenant may sell or sublease all or any portion of its rights to the air space above the Parking Structure (collectively,the"Air Rights"). To the extent that Tenant sells or subleases all or any portion of its Air Rights to any party,Landlord and Tenant shall share equally in the net sale or rent proceeds received by Tenant for such sale or rent,but only after Tenant's full recovery of(a)the transactional costs incurred by Tenant in connection with such sale (including,but not limited to,broker commissions, legal fees, transfer tax and recording fees) and(b)the incremental hard and soft construction costs incurred by Tenant to enhance the structural integrity of the Parking Structure enabling it to support the construction of a structure on top of the Parking Structure. The incremental costs will be provided by Tenant's contractor during the proposal process and reviewed with Landlord. Notwithstanding anything to the contrary contained herein, any proceeds received by Tenant from the sale,rental or subletting of all or any portion of the Air Rights shall be excluded from cash flow for purposes of the calculation of the net cash flow allocable to community benefits pursuant to Exhibit E. 7. DEMOLITION; CONSTRUCTION AND ALTERATIONS. During the Term, Tenant, at its sole cost and expense, shall have the right at any time and from time to time (without obtaining Landlord's prior consent or approval)to make any structural or non- structural changes, demolitions, additions and alterations (hereinafter collectively referred to as a"Change" or"Changes")to the Premises,with no obligation to restore or rebuild any such items;provided Tenant complies with each of the following: (a) Tenant will procure all governmental permits or authorizations necessary for construction of the Change;provided that Landlord shall execute any applications for permits, in its proprietary capacity as record owner of the Premises, as may be reasonably requested by Tenant in good faith, and further provided that Landlord shall incur no out- of-pocket expense in connection therewith or Tenant shall reimburse Landlord for all such liability and expense incurred by Landlord for such participation. (b) Any Change shall be made in accordance with all applicable laws and governmental permits and authorizations. (c) Tenant shall comply with the provisions of Section 9 hereof(Mechanic's and Materialmen's Liens). (d) Following Tenant's completion of Tenant's Work(as well as after completion of any Change and or Changes), Tenant shall continue to operate and maintain a Parking Structure on the Premises which shall comply with the terms set forth in Exhibit D and which shall contain a minimum of 1,600 parking spaces. (e)Each of Tenant's demolition, construction,testing and operations contractors shall provide Landlord with satisfactory indemnification and insurance in substantially the form set forth in Appendices A,B, C and D attached hereto and made a part hereof. 8. MAINTENANCE AND REPAIRS. Tenant shall be responsible for all maintenance and repairs to the Premises. 9. MECHANIC'S AND MATERIALMEN'S LIENS 9.1. Tenant's Obligation. If any mechanic's, materialmen's, or other similar lien is filed against the Premises or any portion thereof (other than as a result of any work performed by or at the behest of Landlord),but including without limitation any lien filed as a result of any work ordered or performed by Tenant or any subtenant, Tenant shall discharge, bond or otherwise remove such mechanic's,materialmen's, or other lien within thirty(30) days after filing thereof;provided,however, Tenant reserves the right to contest any such lien by the institution of appropriate legal proceedings or otherwise, as long as Landlord's interest in the Premises is not threatened. 9.2. Landlord's Obligation. If any mechanic's,materialmen's, or other similar lien is filed against the Premises or any portion thereof as a result of any work performed by or at the behest of Landlord,Landlord shall discharge,bond or otherwise remove any mechanic's, materialmen's, or other such lien within thirty(30) days after receipt of notice thereof from Tenant;provided, however,Landlord reserves the right to contest any such lien by the institution of appropriate legal proceedings or otherwise, as long as Tenant's interest in the Premises is not threatened. 10. UTILITIES 10.1. Payment. During the Term,Tenant shall pay the cost and expense of all utility services hook-ups, metering and or sub-metering as well as for all utilities services used or consumed by Tenant or others at the Premises, including but not limited to water, sewer, gas, electric current,telephone, cable and all communications and other connectivity modes directly to the utility service provider or other provider. 10.2. Interruption. Landlord shall not take, or grant any permission or consent for any person or entity to take, any action which may interrupt or interfere with any utility service to the Premises except as may occur in connection with bona fide emergencies. 10.3. Utility Easements. Landlord shall grant such non-exclusive utility easements as reasonably requested for the operation of Tenant's business in the Premises. 11. FIRE AND OTHER CASUALTY. If at any time during the Term hereof,the Improvements shall be damaged or destroyed by fire, or other casualty, Tenant,with due diligence after settlement of the loss,may commence to repair such Improvements, or at Tenant's discretion,may demolish what may remain of such Improvements. In any event, Tenant will be entitled to any and all insurance proceeds related to such Improvements. 12. INSURANCE; WAIVER OF SUBROGATION 12.1. Liability Insurance. From and after the Effective Date and during the Term, Tenant shall maintain, at Tenant's sole cost and expense, in the name of Tenant as the named insured, commercial general liability insurance (including contractual liability insurance coverage) against any and all claims for injuries to persons or property occurring in or upon the Premises. Tenant's general commercial liability insurance policy will be endorsed so as to name each of Landlord and Landlord's mortgagee(if any)whose name and notice address shall have theretofore been provided to Tenant in the manner required for giving notices under this Lease, as an additional insured. Such insurance at all times shall provide coverage in an amount not less than Two Million Dollars ($2,000,000)per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate with a deductible not to exceed$100,000. The policy or policies of Tenant's liability insurance shall provide that any loss will be paid notwithstanding any act or negligence of Landlord or Tenant and for payment of claims on an occurrence basis. All insurance required by this Section 12 shall be issued for periods of not less than one (1)year by companies with an AM Best rating of A or better(or equivalent)that are admitted in New York State and authorized to issue such insurance in New York State. Upon the Effective Date and thereafter during the Term and or upon request by Landlord, Tenant shall deliver to Landlord copies of certificates evidencing the policies [(ACORD Form 27 or equivalent)] required under this Section 12. The certificates of insurance shall include endorsements to the policies confirming that(i)no lapse, cancellation or material modifications of the policy shall be effective until at least thirty (30) days after mailing of written notice thereof to Landlord, and (ii)the policy shall not be subject to cancellation as to the additional insured(s)by reason of any act or omission of the named insured or any of its officers, employees or agents. Notwithstanding the foregoing, no access to the Land for testing the Land and current improvements thereon, for demolition of the current improvements, for construction or operation of the new Parking Structure shall be permitted unless and until each respective contractor shall have first executed the Landlord's standard access, indemnity and insurance effectuation letter agreement in form and substance similar or functionally equivalent to that which are attached hereto as Appendices A,B, C and D respectively. Over the course of the lengthy Term,the insurance coverage limits shall increase commensurate with industry standards. 12.2. Blanket Policies. Any insurance provided for in this Section 12 may be effected by a policy or policies of blanket insurance and may be continued in such form; provided, however,that the amount of the total insurance allocation to the Premises shall be such as to furnish in protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects, any such policy or policies shall comply with the other provisions of this Lease. In any such case it shall not be necessary for Tenant to deliver the original of any such blanket policy to Landlord, but Tenant shall deliver to Landlord a certificate of insurance. 12.3. Self-Insurance. Notwithstanding anything to the contrary set forth in this Section 12, any insurance required by this Section 12 may be provided thorough self-insurance but only upon prior written consent of the Landlord, said consent shall not be unreasonably withheld, conditioned or delayed. 12.4. Waiver of Subrogation. Landlord and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any injury to persons (including death)or loss or damage to property caused by fire or any other perils insured in policies of insurance covering such property, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. All of Tenant's insurance policies shall contain waiver of subrogation endorsement in favor of the Landlord if so requested by Landlord and copies of same shall be delivered to Landlord upon request. 13. INDEMNIFICATION; SURVIVAL. 13.1. By Tenant. Tenant shall defend, indemnify and hold Landlord harmless from and against all bodily or personal injury, losses, costs, damages, liabilities, claims, or any other expenses (including reasonable legal fees) incurred by Landlord by reason of or arising out of(a)the negligence or willful misconduct by Tenant(or its agents, contractors, employees, guests or invitees) or(b) a breach by Tenant of any of its representations,warranties or obligations under this Lease. 13.2. Survival. The terms and provisions of this Section 13 shall survive the expiration or earlier termination of this Lease with respect to any occurrence which occurs prior to the expiration of the Term. 14. USE. Tenant shall have the right to use and occupy the Premises for any lawful parking uses,parking,related uses, and any mixed use development purposes. 15. TAXES 15.1. Payment by Tenant. After the Rent Commencement Date and throughout the Term, Tenant shall pay and discharge all real estate taxes,water and sewer rents, ad valorem and other taxes, license and permit fees and other assessments attributable to the Premises (collectively,the "Taxes")which become payable during the Term, as and when the same shall become due and payable. Within 30 days after the Rent Commencement Date,Tenant shall pay to Landlord the pro-rated amount of the Taxes applicable to the part of the tax year for each such Tax extending after the Rent Commencement Date which shall have been paid by Landlord for such unexpired portion of the tax year. By way of clarification, Landlord shall not be responsible for any charges described above at any time. Rather, any such charges are payable by the lessee under the Existing Lease through to the Rent Commencement Date. If, after expiration of the Term, any Taxes shall have been paid by Tenant for any part of the tax year extending after the expiration of the Term, Landlord shall refund at the time of termination of this Lease to Tenant the prorated amount of said Taxes readily demonstrably applicable to the unexpired portion of the tax year. 15.2. Appeal. Tenant may contest by appropriate proceedings the amount of any Taxes or seek to obtain a reduction in the assessed valuation of the Premises. 16. SIGNS. Tenant shall have the right to maintain and erect on the exterior of the Premises such signage as Tenant may elect. Landlord will assist Tenant as reasonably requested by Tenant(but at no cost to Landlord) in obtaining all necessary permits and municipal approvals for such signage. 17. DEFAULT BY TENANT; REMEDIES 17.1. Events of Default. The following events shall each constitute an event of default by Tenant: (a) Monetary Default. The failure of Tenant to pay Base Rent or any other amounts due and payable hereunder within thirty (30) days after receipt of written notice of such failure from Landlord which notice shall specify the exact nature of the alleged failure. (b) Non-Monetary Default. The failure of Tenant to perform its duties and obligations hereunder(other than a Monetary Default)within sixty (60) days after receipt of written notice from Landlord of such failure which notice shall specify the exact nature of the alleged failure;provided, however, if such failure is not reasonably capable of being cured within said thirty (30) day period, such failure shall not constitute an event of default so long as Tenant undertakes affirmative acts to cure such failure within said sixty (60) day period and thereafter diligently prosecutes the same to completion. 17.2. Remedies. Upon the occurrence of an event of default by Tenant and subject to the additional notice and cure periods extended to FNUB or the State, as assignee thereof, under Article 36 hereof, Landlord shall have the following remedies; provided,however, Landlord shall not have any right to accelerate the Base Rent or other amounts due hereunder, or to otherwise require payment of such amounts prior to the date on which such amounts would otherwise become due hereunder had such event of default not occurred; and provided further that Landlord's rights and remedies shall be subject to and conditioned upon Landlord using good faith efforts to mitigate its damages: (a) Judicial Proceeding. Landlord may bring suit to collect Base Rent or any other amounts due from Tenant or for the specific performance of Tenant's duties and obligations under this Lease. (b) Termination and Reletting the Premises. Landlord may, subject to the rights of FNUB or the State, as assignee thereof,under Article 36 hereof, elect to terminate this Lease and reenter and relet or operate the Parking Structure on the Premises. All rentals and other income received by Landlord from such reletting or operation of the Parking Structure shall be applied: (i) first to the payment of the reasonable and customary expenses of such reletting or parking operations; (ii) second to the payment of Base Rent and any other amounts due hereunder; and(iii) last,the residue, if any, shall be held by Landlord and applied in payment of Base Rent and any other amounts which may thereafter become due hereunder. Tenant agrees to pay to Landlord on demand any deficiency between the amount received by Landlord from such reletting or parking operations and the amount of Base Rent and any other amounts due hereunder;provided, however, such deficiency shall be paid by Tenant in monthly installments which shall not exceed the amount of Base Rent and any other amounts due hereunder as if such event of default had not occurred. (c) Availability of Remedies. Landlord's remedies for any event of default by Tenant under this Lease shall be limited to the rights and remedies set forth in this Subsection 17.2 together with such injunctive relief as a court of competent jurisdiction may determine. Without limiting the foregoing, in no event shall Tenant ever have any liability or responsibility whatever for any consequential or indirect damages,whether proximately or remotely related to a default or an event of default by Tenant. Landlord hereby waives all rights of distraint and distress and all other rights,title and interest in and restrictions and encumbrances on all Tenant's personal property and improvements, including without limitation alterations, fixtures, signs, and all other property of Tenant. (d) Limitation on Termination. Notwithstanding anything in this Lease to the contrary, if Tenant is in good faith contesting an alleged default,Landlord shall not have the right to terminate this Lease unless and until a court of competent jurisdiction renders a final judgment determining that Tenant was in fact in default and Tenant thereafter fails to cure any such monetary default within fifteen(15) days after such judgment is rendered or Tenant otherwise fails to cure a non-monetary default within thirty (30)days after such judgment is rendered;provided however, if such non-monetary default is not reasonably capable of being cured within said thirty (30) day period, Landlord shall not have the right to terminate this Lease so long as Tenant undertakes affirmative acts to cure such non-monetary default within said thirty (30) day period and thereafter diligently prosecutes the same to completion. For purposes of this Subsection 17.2(d), a "final judgment"will not be deemed to have been rendered if a judgment is rendered against Tenant and Tenant thereafter appeals such judgment within the time period permitted to appeal the judgment within the particular jurisdiction. 18. DEFAULT BY LANDLORD; REMEDIES 18.1. Events of Default. The following events shall each constitute an event of default by Landlord: (a) Default. The failure by Landlord to perform its duties or obligations within thirty { (30) days after receipt of written notice from Tenant of such failure; provided,however if such failure is not reasonably capable of being cured within such thirty (30) day period, such failure shall not constitute an event of default so long as Landlord undertakes affirmative acts to cure such failure within said thirty (30) day period and thereafter diligently prosecutes the same to completion. 18.2. Remedies. Upon the occurrence of an event of default by Landlord,Tenant shall have the following remedies: (a) Judicial Proceeding. Tenant may bring suit to enforce the specific performance of Landlord's duties and obligations under this Lease. (b) Other Remedies. Such other remedies as are specifically permitted under the terms and provisions of this Lease or available at law or in equity. 19. EMINENT DOMAIN 19.1. Termination Upon Taking. In the event that the Premises or any portion thereof shall be taken in condemnation proceedings or by exercise of any right of eminent domain or by agreement between Landlord and Tenant and those authorized to exercise such right(hereinafter referred to as "condemnation proceedings"or a"taking"), any compensation that may be awarded in any such proceedings for the property so taken shall be divided between Landlord and Tenant as hereafter set forth in this Section 19. Landlord and Tenant shall execute any and all further documents that may be reasonably required in order to facilitate collection of any and all such awards. If at any time during the Term there shall be a total taking(as defined below),then this Lease shall at the option of either Landlord or Tenant terminate and expire on the date of surrender of possession to the condemning authority of the Premises as a result of such total taking. In the event this Lease terminates as the result of a total taking, Tenant shall continue to pay the Rent hereunder and, in all other respects,keep, observe and perform all the terms, covenants, agreements,provisions, conditions and limitations of this Lease to be kept, observed and performed by Tenant until the date of such surrender. As used herein"total taking" shall mean(a) a taking of twenty-five (25%)percent or more of the Improvements or(b) a taking of all points of egress and ingress to and from the Premises where Landlord does not provide alternative points of ingress and egress reasonably acceptable to Tenant and such taking materially adversely affects the Improvements, as determined by Tenant in its reasonable discretion. 19.2. Obligation to Restore. If a condemnation or conveyance in lieu thereof does not result in a termination of this Lease, Tenant shall promptly, subject to force majeure delays,restore the Premises to a condition similar in physical appearance to that which existed immediately prior to the taking to the extent possible such that Tenant can conduct its normal business operations. 19.3. Condemnation Award. In the event of a condemnation or conveyance in lieu thereof which results in a termination of this Lease as aforesaid,the net award(or settlement in lieu thereof) shall be payable to the Tenant and Landlord by paying to (a) the Landlord, an amount equal to the value of Landlord's fee simple interest in the Land, subject to this Lease(valued immediately prior to the taking)but assuming exercise by Tenant of all of its options to extend to the Term of this Lease, and(b)to the Tenant an amount equal to the value of the Improvements(including any site improvements, fixtures, equipment,machinery, leasehold improvements, and other property on the Premises),plus the loss of Tenant's leasehold interest in the Premises (i.e.,the unexpired balance of the Term immediately prior to such taking and assuming exercise by Tenant of all of its options to extend the Term). In the event the balance of the overall award exceeds the aggregate of such sums,then Tenant shall be entitled to the balance of the amount. In the event of a condemnation or conveyance in lieu thereof which does not result in a termination of this Lease,the total award shall be applied(subject to reasonable provisions for the disbursement thereof in any leasehold mortgage)toward the payment of the cost of restoration and repair of the Improvements, and, subject to reasonable terms for disbursement included in any leasehold mortgage, shall be paid out from time to time to Tenant or in accordance with Tenant's directions, as such restoration or repair progresses,upon the written request of Tenant,which shall be accompanied by all certificates, invoices and releases that may then be necessary to protect Landlord, and the Land from any lien, charge or liability and by the written approval of the Leasehold Mortgagee. After application of the award for such restoration, any balance of the award shall be payable next to Landlord, in an amount equal to the value of Landlord's fee simple interest in the Land taken, subject to this Lease (valued immediately prior to the taking), and any balance remaining after such payment to Landlord shall be payable directly to Tenant. 19.4. Temporary or other types of Takings. In case of any governmental action, not resulting in the taking or condemnation of any portion of the Land or Improvements but creating a right to compensation therefor,such as the changing of the grade of any street upon which the Land abuts,this Lease shall continue in full force and effect without reduction or abatement of Rent, and the award shall be paid to Tenant as its sole property except such portion of the award that is directly attributable and allocable to the value of the Land. 20. ENVIRONMENTAL 20.1. Pre-Existing Environmental Conditions. The term"Pre-Existing Environmental Conditions" means any and all Hazardous Materials existing at or in the vicinity of the Premises as of the Effective Date of this Lease, including,but not limited to any recognized environmental concerns set forth in any environmental reports. Tenant releases Landlord from liability for investigation or remediation of any Pre-Existing Environmental Conditions. Tenant agrees to remove or remediate any Pre-Existing Environmental Conditions discovered by Tenant during the course of its construction of the Parking Structure,but only to the extent such removal or remediation is mandated by any governmental authority having jurisdiction thereof(other than Landlord). 20.2. Tenant's Compliance with Environmental Laws. During the Term, Tenant covenants and agrees not to use, generate, store, dispose,produce, introduce or maintain any Hazardous Materials in or about any portion of the Premises except in compliance with all applicable laws. Tenant further covenants and agrees to indemnify, defend and hold harmless Landlord, any mortgagee of Landlord and their respective successors and assigns from and against any and all damages, losses, liabilities, obligations,penalties, claims, litigation,proceedings, or expenses of any kind or of any nature whatsoever (including reasonable attorneys' and experts' fees and disbursements) arising out of a breach of the preceding sentence. Tenant will have an environmental assessment of the Premises prepared, at its expense, within 14 days of the expiration or termination of this Lease. Notwithstanding anything to the contrary set forth herein,the foregoing indemnification shall not apply to any Pre-Existing Environmental Conditions. 20.3. Hazardous Materials. The term"Hazardous Materials" as used in this Section. 20 shall mean and refer to asbestos, asbestos containing materials,polychlorinated biphenyls, radioactive materials, pollutants, contaminants,petroleum products or any other hazardous or toxic materials, waste and substances which are defined, determined or identified as such in, or the removal of which is required, or the use,handling, removal, deposit or storage of which is restricted,prohibited, regulated or penalized under, any federal, state or local laws,rules, codes, ordinances or regulations (whether now or hereafter existing) or any judicial or administrative interpretation of any thereof, including any judicial or administrative orders or judgments. 20.4. Removal and Repair by Tenant. In addition to Tenant's obligations under Section 20.2, Tenant agrees that in the event any Hazardous Materials shall be found in violation of applicable law within, under or upon the Premises and such Hazardous Materials were first introduced to the Premises by Tenant or its invitees during the Term, and the removal thereof shall be ordered by any governmental authority having jurisdiction, Tenant shall, forthwith upon receipt of written notice from Landlord or actual notice, initiate and thereafter diligently prosecute to completion all actions necessary to remove all such Hazardous Materials. All such work hereunder shall be performed at Tenant's sole cost and expense in a first-class workmanlike manner and in accordance with all requirements of any federal, state or municipal governmental authorities having jurisdiction. To the extent that Tenant obtains any environmental liability insurance policy with respect to the Premises,Tenant agrees to cause the Landlord to be one of the named insureds on such policy;provided,however,that Landlord agrees to waive all rights with respect to such policy (including,but not limited to,the right to change the policy coverage or any of its other terms or conditions), other than the right to collect proceeds. 21. COVENANT OF QUIET ENJOYMENT. Provided Tenant is not in default of any material duty or obligation hereunder beyond any applicable cure period,Landlord covenants that Tenant shall peaceably and quietly have,hold, occupy and enjoy possession of the Premises,together with the rights,privileges, easements, and appurtenances herein demised without hindrance, interference or molestation of any kind. 22. OPERATION. Following the completion of Tenant's Work and continuing throughout the remainder of the Term,the Parking Structure shall be open for business during normal business hours, as established by Tenant in its sole discretion; subject,however, to temporary cessations for the performance of repairs or Changes thereto and for the development of improvements located within the Air Rights. 23. FEE MORTGAGE. Landlord represents that neither the Land nor the leasehold estate created by the Lease are subject or subordinate to any mortgage or other encumbrance other than those encumbrances included in Exhibit B as Permitted Title Exceptions. Landlord hereby covenants and agrees that it shall neither mortgage nor encumber its fee interest or any other interest in the Land or leasehold estate created by this Lease without first obtaining Tenant's prior written consent. Notwithstanding anything to the contrary contained herein, any such mortgage shall provide that it is subordinate to Tenant's interest under this Lease,FNUB's interests or the State's interests, as assignee thereof, under the TIC Agreement and any mortgage interest held by Tenant's lenders in the Premises. 24. ESTOPPEL CERTIFICATE. Within twenty (20) days after receipt of written request from Landlord, Tenant agrees to execute and deliver a Tenant Estoppel Certificate in the form attached hereto as Exhibit G, subject to such provisions as are necessary to reflect a true and accurate statement of facts at the time the Estoppel Certificate is being given. Within twenty (20)days after receipt of written request from Tenant, Landlord agrees to execute and deliver to Tenant a Landlord Estoppel Certificate in the form attached hereto as Exhibit H, subject to such provisions as are necessary to reflect a true and accurate statement of facts at the time the Landlord Estoppel Certificate is begin given. 25. TRADE FIXTURES. All trade fixtures, equipment, signs, inventory, and property located at the Premises(installed or placed in or upon the Premises by Tenant) shall remain the property of Tenant. Tenant shall have the right, at any time during the Term, to remove such trade fixtures, equipment, signs, inventory, and property from the Premises. To the extent Landlord may have a statutory or common law lien on or security interest in the trade fixtures, equipment, signs, inventory, or other personal property of Tenant,Landlord hereby waives and agrees not to assert such lien or security interest. Landlord agrees to provide Tenant,within ten(10) days of request therefor, a written waiver in form reasonably satisfactory to Tenant and any lender of Tenant confirming and evidencing Landlord's waiver of any rights it has or may have in Tenant's trade fixtures, equipment, signs, inventory, and other property provided that Landlord's failure to execute any such waiver shall not affect or diminish Landlord's waiver as set forth in the immediately preceding sentence. 26. ASSIGNMENT AND SUBLETTING. 26.1. Assignment and Subletting. Except for and subject to Article 36 hereof, Tenant shall not assign or sublease its entire interest in this Lease or its entire interest in the Premises,without Landlord's prior written consent. Notwithstanding the foregoing and except for and excluding the TIC Agreement between Tenant and FNUB, Tenant may sublease, from time to time, any portion of its interest in this Lease or grant occupancy rights to any portion of the Parking Structure,without Landlord's prior written consent; provided such subletting will not relieve Tenant of any liability hereunder nor impede the Tenant's use and operation of the Parking Structure and further provided that Tenant receives fair market value actual dollars payment therefor and such payments are included in the calculation of cash flow from operations of the Parking Structure under Exhibit E for purposes of calculating community benefits. Notwithstanding anything to the contrary set forth herein, Tenant may sell, rent or sublease from time to time, all or any portion of the Air Rights,without Landlord's prior written consent, and any proceeds received by Tenant from the sale, rental or subletting of such Air Rights shall be excluded from cash flow for purposes of the calculation of the net cash flow allocable to community benefits pursuant to Exhibit E. 26.2. Subleases;Nondisturbance. Landlord shall, within ten(10) days after receipt of Tenant's written request therefor, execute and deliver to any subtenant or assignee of Tenant,to the extent such subtenant or assignee is permitted pursuant to the terms of Section 26.1 above, a written agreement(a"Nondisturbance Agreement") in such form as may be reasonably acceptable to Tenant and Landlord. 27. LEASEHOLD MORTGAGES 27.1. Mortgaging of Tenant's Estate. Tenant and every successor and assignee of Tenant, and any sublessee of all of the Premises (permitted under the terms of Section 26.1 hereof) shall have the absolute and unconditional right,without Landlord's consent, from time to time, subject to FNUB's interests or the State's interests, as assignee thereof, under the TIC Agreement and Article 36 hereof, (a)to mortgage, finance and refinance its interest in this Lease under one or more leasehold mortgages (provided that such security may in no event extend to Landlord's fee interest in the Land or any other interest of Landlord in,to or under this Lease), (b)to assign unconditionally, collaterally or otherwise, Tenant's interest in this Lease, any sublease and in the Premises as collateral or security for such leasehold mortgage, and(c)to grant and convey a security interest in Tenant's interest in the Improvements and any building service equipment in such form as the holder of the leasehold mortgage determines (collectively, a"Leasehold Mortgage"). All proceeds of any Leasehold Mortgage shall belong to Tenant. 27.2. Definitions. For purposes of this Section 27,the term"Leasehold Mortgage" shall include mortgages, deeds of trust, assignments of the sublessor interest, and all similar instruments, as well as security interests, including security interests in personal property, and pledges and assignments of the Tenant's interest in this Lease, and modifications,replacements and consolidations of any of the foregoing, and the term "Premises" shall include all fixtures and equipment located on or used in connection with the Premises but shall not include the Land and or Landlord's interest therein for purposes of mortgaging. 27.3. Leasehold Mortgagee Protective Provisions. If Tenant or Tenant's successors and assignees (including,without limitation, any permitted sublessee of Tenant,but only with Tenant's prior consent) shall mortgage or grant a security interest in Tenant's interest in the Lease and the Premises, and if the leasehold mortgagee shall send to Landlord a true copy of its leasehold mortgage,together with written notice specifying the name and address of the leasehold mortgagee, so long as such leasehold mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to Landlord,the following provisions shall apply (in respect of such leasehold mortgage and of any other leasehold mortgages which also comply with the above), subject to the rights and interests of FNUB or the State, as assignee thereof, under the TIC Agreement and pursuant to Article 36 hereof: (a) There shall be no cancellation, surrender, acceptance of surrender, amendment, alteration or modification of the Lease without the prior consent in writing of the leasehold mortgagee. Nor shall any merger result from the acquisition by, or devolution upon, any one entity of the fee and the leasehold estates in the Premises. (b) Landlord shall,upon serving Tenant with any notice or other communication,whether of default or any other matter, simultaneously serve a copy of such notice upon the leasehold mortgagee, and no such notice or other communication to Tenant shall be deemed given unless a copy is so served upon the leasehold mortgagee in the manner provided in the Lease for the giving of notices. (c) In the event of any default by Tenant under the Lease,the leasehold mortgagee shall have the same period, after service of notice upon such default,to remedy or cause to be remedied the default complained of as Tenant has hereunder for such default,plus an additional 30 days, and Landlord shall accept such performance by or at the instigation of such leasehold mortgagee as if same has been done by Tenant. Each notice of default given by Landlord will state the amounts of whatever rent and other payments herein provided for are then claimed to be in default. (d) Provided that the leasehold mortgagee shall (i)within 30 days from the date of service of notice of termination have notified Landlord of its desire to nullify such notice, (ii)within 60 days from the date of service of notice of termination cure or cause to be cured any then existing money defaults, (iii)pay or cause to be paid the rent as due, and(iv) commence or cause to be commenced the work of complying with all of the other requirements of the Lease, if any are then in default,and shall prosecute or cause the prosecution of same to completion with diligence (including, if necessary to cure the default, acquiring or selling Tenant's interest in the Lease by foreclosure of the leasehold mortgage or otherwise and prosecuting or causing the prosecution of same to completion with diligence);then the leasehold mortgagee shall have the right to nullify any notice of termination as described in (c) above, as well as the right to postpone and extend the specified date of termination of the lease for the period necessary to so cure the default. If the leasehold mortgagee is prohibited by any process or injunction issued by any court or be reason of any action by any court having jurisdiction of any bankruptcy, debtor rehabilitation or insolvency proceedings,the reasonable period shall include the period of such prohibition,provided that the leasehold mortgagee shall diligently attempt to remove any such prohibition. (e) In the event of termination of the Lease by reason of any default by Tenant or any other cause or thing whatsoever, including, but not limited to the bankruptcy of Tenant, Landlord will promptly notify the leasehold mortgagee of such termination and the amount of the sums then due to Landlord under the Lease, and the leasehold mortgagee shall have the right to have Landlord enter a new lease of the Premises with the leasehold mortgagee or its nominee or designee in accordance with the following provisions: (i) The leasehold mortgagee or its nominee or designee shall be entitled to such new lease if the leasehold mortgagee shall make written request upon Landlord for such new lease on or before the date which is 30 days after the date on which the leasehold mortgagee shall have received the notice from Landlord of such termination and if such written request is accompanied by the leasehold mortgagee's agreement to pay to Landlord within 60 days after the execution and delivery of the new lease the sums then due to Landlord under the Lease. (ii) Said new lease shall be for what would have been the remainder of the term if the Lease had not been terminated, effective as of the date of such termination, at the rent and upon the terms,provisions, covenants and agreements as herein contained, including all rights and options herein contained. (iii) Such new lease shall be subject to the same conditions of title as the Lease is subject to on the date of the execution hereof. (iv) The leasehold mortgagee or its nominee or designee as tenant under the new lease shall have the same right,title and interest in and to the buildings and improvements erected on the Premises as Tenant had under the Lease. (1) Any insurance proceeds in respect of the Premises shall be paid to the leasehold mortgagee to be applied in the manner specified in the leasehold mortgage. Any rent insurance proceeds shall be applied first to payment of any unpaid obligations owing under the Lease and thereafter to the payment of any unpaid obligations owing under the leasehold mortgage, and any remaining balance to Tenant. (g) Tenant's interest in any award or payment in condemnation or eminent domain in respect of the Premises shall be paid to the leasehold mortgagee to be applied in the manner specified in the leasehold mortgage. (h) No fire or casualty loss claims shall be settled and no agreements will be made in respect of any award or payment in condemnation or eminent domain without in each case the prior written consent of the leasehold mortgagee. (i) If Tenant fails to exercise any extension or renewal option in this Lease, Landlord shall promptly send the leasehold mortgagee written notice thereof, and the leasehold mortgagee,within 30 days after receipt of such notice, may exercise any such option on behalf of Tenant; and Tenant hereby grants to the leasehold mortgagee a power of attorney, coupled with an interest,to exercise any such option. (j) No payment made to Landlord by the leasehold mortgagee shall constitute agreement that such payment was, in fact, due under the terms of the Lease and the leasehold mortgagee having made any payment to Landlord pursuant to Landlord's wrongful, improper or mistaken notice or demand shall be entitled to the return of any such payment or portion thereof provided it shall have made demand therefor not later than one year after the date of its payment. (k) Notwithstanding any provision to the contrary, foreclosure of a leasehold mortgage or any sale of Tenant's interest in the Lease and the Premises in connection with a foreclosure,whether by judicial proceedings or by virtue of any power of sale contained in the leasehold mortgage, or any conveyance of Tenant's interest in the Lease - and the Premises from Tenant to the leasehold mortgagee or its nominee or designee by virtue of or in lieu of foreclosure or other appropriate proceedings, or any conveyance of Tenant's interest in the Lease and the Premises by the leasehold mortgagee or its nominee or designee, shall not require the consent or approval of Landlord or constitute a breach of any provision of or a default under the Lease. 28. FORCE MAJEURE. Except as otherwise expressly set forth in this Lease, in the event either party hereto shall be delayed or hindered in, or prevented from,the performance of any act(other than the payment of money)required hereunder by reason of strikes, lock- outs, labor troubles, inability to procure materials, failure of power, riots, insurrection, war or other reasons of a like nature not the fault of the party delayed in performing work or doing acts required under this Lease(all of such reasons or causes referred to in this Lease as "force majeure"),then performance of such acts shall be excused for the period of the delay, and the period within which the performance of such act may be required hereunder shall be extended by a period equal to the period of such delay. 29. NON-WAIVER. The failure of Landlord or Tenant to enforce against the other any provision, covenant or condition herein,by reason of either of them committing any breach of or default under this Lease shall not be deemed a waiver thereof,nor void or affect the right of the aggrieved party to enforce the same covenant or condition upon the occurrence of any subsequent breach or default;nor shall the failure of either party to exercise any consent, approval, or right in this Lease upon any occasion arising therefor be deemed or construed to be a waiver of the right to exercise that same kind of consent, approval or right upon any subsequent such occasion. 30. EXPENSES. Wherever in this Lease provision is made for the doing of any act by any person, it is understood and agreed that such act shall be done by such person at its own cost and expense unless a contrary intent is expressed. 31. NOTICES AND PAYMENTS. All payments of Base Rent or other amounts payable hereunder shall be delivered to the party entitled thereto at the addresses hereinafter set forth. All notices shall be in writing and shall be sent or given by U. S.Postal Service, postage prepaid, certified or registered mail,return receipt requested, or by a nationally recognized overnight courier service. All notices hereunder shall be deemed to have been received on the delivery date endorsed by the Postal Service on the return receipt or as shown on the records of such courier service, except that any notice which is (according to the terms of this Section 31) correctly addressed for delivery but which is returned by the Postal Service or such courier service as undeliverable, shall be deemed to have been received on the earliest date on which the Postal Service or such courier service attempted delivery, as indicated by the Postal Service endorsement on the return receipt form or as indicated by such courier service's records. All payments and notices required or permitted in this Lease shall be delivered to the party entitled thereto at the following addresses: Landlord: Tenant: For Rentals to City of 854 Ellicott St.,LLC Buffalo 854 Ellicott Street Accounts Receivable Buffalo,New York 14203 65 Niagara Square Attention: Mr. Patrick J. 117 City Hall Kilcullen, Buffalo,New York 14202 Chief Financial Officer For Notices to City of With, in the case of notices, a Buffalo: copy to: Division of Real Estate City of Buffalo Hodgson Russ LLP 65 Niagara Square 140 Pearl Street, Suite 100 901 City Hall Buffalo,New York 14202-4040 Buffalo,New York 14202 Attention: Terrence M. Gilbride,Esq. With, in the case of notices, a copy to: Corporation Counsel City of Buffalo 65 Niagara Square 1100 City Hall Buffalo,New York 14202 If to FNUB: FNUB, Inc. PO Box 900 Buffalo,NY 14226-0900 Attention: Edward P. Schneider With, in the case of notices, a copy to: Hodgson Russ LLP 140 Pearl Street, Suite 100 Buffalo,New York 14202-4040 Attention: Terrence M. Gilbride, Esq. The foregoing addresses may be changed or added to by delivery of written notice of such change or addition to the party entitled thereto, which written notice shall be delivered and deemed effective as set forth herein. Notwithstanding any assignment or subletting, copies of any notice to the holder of the tenant's interest hereunder alleging default shall always be sent to the original tenant named herein, and Landlord shall always accept payment or performance from the original tenant named herein. Each party agrees that notices to such party ("Receiving Party")may be given to the Receiving Party by the attorney for the other party("Sending Party") acting on behalf of the Sending Party. 32. BROKER'S COMMISSION. Landlord and Tenant each hereby represent and warrant to the other that they have not employed the services of a real estate agent or broker in respect to this Lease (the"Broker"). Landlord hereby indemnifies Tenant against, and agrees to defend and hold Tenant harmless from, any and all claims for any real estate commissions or similar fees arising out of or in any way connected with any claimed agency relationship with Landlord relating to this Lease. Tenant hereby indemnifies Landlord against, and agrees to defend and hold Landlord harmless from, any and all claims for any real estate commissions or similar fees arising out of or in any way connected with any claimed agency relationship with Tenant relating to this Lease. 33. SURRENDER OF PREMISES; HOLDING OVER 33.1. Surrender of Premises. Subject to the provisions of Subsections 6, 7,and 25, upon the expiration or earlier termination of the Term, Tenant shall surrender to Landlord possession of the Premises and all changes, alterations, additions, and improvements thereto (subject,however,to Tenant's right to remove its trade fixtures, equipment, signs, and other personal property as otherwise provided in this Lease) in good condition provided that Tenant shall not be required to correct any condition caused by or resulting from any act, negligence or default under this Lease of Landlord, its employees, agents, or contractors, reasonable wear and tear or any causes beyond Tenant's control. 33.2. Holding Over. If Tenant shall remain in possession of the Premises or any part thereof after the expiration or termination of the Term without any agreement in writing between Landlord and Tenant with respect thereto,then Tenant shall be deemed a tenant from month to month, at the monthly rental payable during the last Lease Year subject to the provisions of this Lease insofar as the same may be made applicable to a tenancy from month to month. This Subsection 33.2 does not apply if Tenant is removing its trade fixtures, equipment, signs, or other personal property installed or placed in or upon the Premises by Tenant. 34. MEMORANDUM OF LEASE. Within thirty (30) days after the Effective Date, Landlord and Tenant shall execute a memorandum of lease(the "Memorandum of Lease") in the form attached hereto as Exhibit F(subject,however,to the inclusion of such additional information as may be reasonably appropriate), and Tenant may record the Memorandum of Lease in the Erie County real property records. Tenant shall not have the right to offset against its rental obligations hereunder the amount of any transfer tax paid by Tenant in connection with the recording of the Memorandum of Lease. Under no circumstances shall this Lease be recorded. 35. LANDLORD'S REPRESENTATIONS AND WARRANTIES. Landlord represents and warrants that: (a) Landlord owns fee simple title to the Land, subject only to the Permitted Title Exceptions. (b) Landlord has the full right,power and authority to lease the Land to Tenant as provided in this Lease without any need for obtaining any consents or approvals from any party, including,without limitation, any mortgagee or other entities. (c) This Lease and all documents to be executed pursuant hereto by Landlord are binding upon and enforceable against Landlord in accordance with their respective terms. (d) The transaction contemplated hereby will not result in a breach of, or constitute a default under, any indenture, mortgage, deed of trust, loan agreement, or other agreement to which Landlord or the Premises is subject or by which Landlord or the Premises is bound. 36. TENANCY-IN-COMMON AGREEMENT BETWEEN TENANT AND FNUB (a) Tenancy-In-Common Agreement With FNUB: Notwithstanding anything to the contrary contained herein,Tenant may,without obtaining Landlord's prior written consent,enter into a Tenancy-in-Common Agreement with FNUB,Inc. ("FNUB"), pursuant to which Tenant shall convey to FNUB an approximately twenty percent(20%) undivided interest in the Improvements for the duration of the Term, along with an exclusive right to occupy up to 350 parking spaces during the term of such agreement (the "TIC Agreement'). Any amount paid by FNUB for such undivided interest in the Improvements shall be excluded from the calculation of cash flow from operations of the Parking Structure under Exhibit E. However, any amounts subsequently collected from the rental of such parking spaces allocated to FNUB shall be included in the calculation of cash flow from operation of the Parking Structure under Exhibit E. FNUB may, at any time, assign all or any part of its right,title and interest under the TIC Agreement to the State of New York or any agency or subdivision thereof(collectively,the"State"), without having to obtain the consent of Landlord or any Leasehold Mortgagee. Any amount paid by the State for such assignment shall be excluded from the calculation of cash flow from operations of the Parking Structure under Exhibit E. However, any amounts subsequently collected from the rental of such parking spaces assigned by FNUB to the State shall be included in the calculation of cash flow from operation of the Parking Structure under Exhibit E 36.2. Nondisturbance Protections: So long as the TIC Agreement is in effect,Landlord and Tenant hereby acknowledge and agree that(a)neither FNUB nor the State, as assignee thereof, shall be joined as a party defendant in any action or proceeding which may be instituted or taken by Landlord or any mortgagee of Landlord, or any of their successors and assigns; (b) neither FNUB nor the State, as assignee thereof, shall be evicted from the Premises while the TIC Agreement is in effect; (c)neither the tenancy in common interest of FNUB nor the tenancy in common interest of the State, as assignee thereof, shall be terminated or disturbed; and(d)none of FNUB's rights nor the State's rights, as assignee thereof, under the TIC Agreement shall be affected in any way by reason of any default under this Lease, any mortgage made by Tenant of its interest in the Premises, any mortgage made by Landlord of its fee interest in any portion of the Premises, or any termination of this Lease. 36.3. FNUB's Rights. Landlord and Tenant hereby acknowledge and agree that so long as the TIC Agreement is in effect: (a) There shall be no cancellation, surrender, acceptance of surrender, amendment, alteration or material modification of this Lease without the prior consent in writing of FNUB or the State, as assignee thereof. No merger shall result from the acquisition by, or devolution upon, any one entity of the fee and the leasehold estates in the Premises. (b) Landlord shall, upon serving Tenant with any notice or other communication, whether of default or any other matter, simultaneously serve a copy of such notice upon FNUB or the State, as assignee thereof, and no such notice or other communication to Tenant shall be deemed given unless a copy is so served upon FNUB or the State, as assignee thereof, in the manner provided in this Lease for the giving of notices. (c) In the event of any default by Tenant under this Lease,FNUB or the State, as assignee thereof, shall have the same period, after service of notice upon such default,to remedy or cause to be remedied the default complained of as Tenant has hereunder for such default,plus an additional thirty(30)days, and Lessor shall accept such performance by or at the instigation of FNUB or the State, as assignee thereof,as if same has been done by Tenant. Each notice of default given by Landlord will state the amounts of whatever rent and other payments herein provided for are then claimed to be in default. (d) In the event of termination of this Lease by reason of any default by Tenant or any other cause or thing whatsoever, including, but not limited to the bankruptcy of Tenant, Landlord will promptly notify FNUB or the State, as assignee thereof, of such termination and the amount of the sums then due to Landlord under this Lease, and FNUB or the State, as assignee thereof, shall have the right to have Landlord enter into a new lease of the Premises with FNUB or the State, as assignee thereof, for what would have been the remainder of the term if this Lease had not been terminated, effective as of the date of such termination, at the rent and upon the terms,provisions, covenants and agreements as herein contained, including all rights and options herein contained. Such new lease shall be prior to any mortgage or other lien, charge or encumbrance on the fee of the Premises. Such lease shall,however, be subject to the same conditions of title as this Lease is subject to on the Effective Date. 37. MISCELLANEOUS 37.1. Suspension of Business. If Tenant is prohibited from conducting its normal business operations in the Premises because of any act or default of the Landlord,the Base Rent and other amounts otherwise due under this Lease from Tenant to Landlord shall be abated to the extent that Tenant is prohibited from conducting its normal business operations while such prohibition remains in effect, and Landlord shall forthwith refund to Tenant all unearned Base Rent and other amounts paid in advance by Tenant. If such prohibition shall continue in effect for a period of three (3)months, Tenant shall have the right to terminate this Lease by written notice sent to Landlord at any time after the expiration of such six(6)month period,but before the prohibition is ended. Landlord shall promptly initiate and diligently prosecute to completion any action which may be necessary to abate the condition(s)which gave rise to the prohibition. 37.2. Lease Interpretation; Prior Representations; Prior and Preliminary Agreements. The parties acknowledge that each has been represented by legal counsel in negotiating this Lease, or has had the opportunity to be so represented, and that they intend that the provisions of this Lease not be interpreted or construed against either party due to the fact that such party may have been responsible for the drafting of this Lease. The parties acknowledge that in the course of negotiating this Lease their respective representatives have gradually reached preliminary agreement on the several terms set forth in this instrument. The parties acknowledge and agree that at all times they have intended that none of such preliminary agreements (either singly or in combination) shall be binding on either party, and that they shall be bound to each other by a single, formal, comprehensive document containing this Paragraph and all of the agreements of the parties, in final form,which has been executed by a duly authorized officer of Tenant and by Landlord or a duly authorized representative of Landlord. The parties acknowledge that none of the prior oral and written agreements between them (and none of the representations on which either of them has relied)relating to the subject matter of this Lease shall have any force or effect whatever, except as and to the extent that such agreements and representations have been incorporated in this Lease. 37.3. Headings. The Section and Paragraph headings in this Lease are used,only for convenience and are not to be taken as part of this Lease or to be used in determining the intent of the parties. 37.4. Waiver of Trial by Jury. To the extent allowed by applicable law,Landlord and Tenant hereby waive all right to a trial by jury in any dispute between Landlord and Tenant related to this Lease. 37.5. Authority. The person(s) executing this Lease on behalf of Landlord do hereby represent and warrant that Landlord is a duly authorized and validity existing municipal corporation organized under the laws of the State of New York,that Landlord has full rights,power and authority to enter into this Lease and that each person signing on behalf of Landlord is authorized to do so. The person(s) executing this Lease on behalf of Tenant do hereby represent and warrant that Tenant is a duly authorized and validity existing not-for-profit corporation organized under the laws of the State of New York, that Tenant has full rights,power and authority to enter into this Lease and that each person signing on behalf of Tenant is authorized to do so 37.6. Successors. It is agreed that the respective rights and obligations hereunder shall inure to, and be binding upon Landlord and Tenant and their respective successors and assigns. 37.7. Entire Agreement. This Lease embodies the entire agreement of the parties hereto, and this Lease shall not be altered, changed, or modified in any respect, except by a written instrument executed by the duly authorized officers or representatives of the party to be bound by such alteration, change or modification. 37.8. Severability. If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid,void, or unenforceable,the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 37.9. Rights Cumulative. Unless expressly provided to the contrary in this Lease, each and every one of the rights,remedies, and benefits provided by this Lease shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed at law or in equity. 37.10. Governing Law. This Lease shall be governed by, construed and enforced in accordance with the laws of New York State. Venue for all disputes as well as for any and all meetings,proceedings, depositions,motions, actions for specific performance, hearings,trials and all manner of litigation and or dispute related matters shall be in Buffalo,New York. 37.11. Interest. Any amount due from Tenant to Landlord shall bear interest from the date such amount became due at the lesser of(i)the prime rate as stated in the Money Rates Table of the Wall Street Journal on the date(s) such amount(s)became due plus two percent(2%) or(ii)the maximum amount allowed by applicable law. If the prime rate is no longer published in the Money Rates Table of the Wall Street Journal as of the time for which the foregoing interest rate is to be calculated,then a comparable publication as reasonably selected by the party to whom payment is due shall be utilized to determine the prime rate. 37.12. Exhibits. The following are attached hereto and made a part of this Lease: A Legal Description of Land B Permitted Title Exceptions C Rent Commencement Date Agreement D Landlord's Requirements for Tenant's Work E Terms and Conditions for Community Benefits F Form of Memorandum of Lease G Form of Tenant Estoppel Certificate H Form of Landlord Estoppel Certificate IN WITNESS WHEREOF, Landlord and Tenant have set their hands and seals hereto, as of the day and year first above written. LANDLORD: CITY OF BUFFALO By: Name: Byron W. Brown Title: Mayor TENANT: 854 ELLICOTT ST.,LLC By: Name: Title: EXHIBIT A LEGAL DESCRIPTION OF LAND [TO BE PROVIDED BY TENANT AND SUBMITTED TO LANDLORD FOR LANDLORD'S REVIEW, COMMENT AND OR APPROVAL PRIOR TO EXPIRATION OF INSPECTION PERIOD] EXHIBIT B PERMITTED TITLE EXCEPTIONS [TO BE PROVIDED BY TENANT AND SUBMITTED TO LANDLORD FOR LANDLORD'S REVIEW, COMMENT AND APPROVAL PRIOR TO EXPIRATION OF INSPECTION PERIOD.] EXHIBIT C RENT COMMENCEMENT DATE AGREEMENT. THIS RENT COMMENCEMENT DATE AGREEMENT, dated , 201_, by and between the CITY OF BUFFALO, a municipal corporation of the State of New York having its principal place of business at 200 City Hall, 65 Niagara Square, Buffalo,New York 14202 ("Landlord") and 854 ELLICOTT ST.,LLC, a New York limited liability company having an address at 640 Ellicott Street,Buffalo,New York 14203 ("Tenant"). Background: 1. Landlord and Tenant entered into a Ground Lease Agreement(the"Lease") dated , 201_regarding the Premises (as defined in the Lease) located at 854 Ellicott Street in the City of Buffalo, County of Erie and State of New York. 2. A Memorandum of Lease with respect to the Lease has been recorded in the Erie County Clerk's Office in Liber_at Page_. 3. Pursuant to Subsection 2.2 of the Lease,Landlord and Tenant wish to confirm the Rent Commencement Date (as defined in the Lease) of the Lease. NOW,THEREFORE, intending to be legally bound, Landlord and Tenant agree as follows: (a) Rent Commencement Date. The Rent Commencement Date of the Lease is , 201_. The expiration date of the Lease is ,206_, subject to Tenant's options to renew the Term as set forth in the Lease. (b) Ratification. Each and every provision of the Lease is hereby ratified and remains in full force and effect. Witness the due execution hereof as of the date first above written: LANDLORD: CITY OF BUFFALO By: Name: Byron W. Brown Title: Mayor TENANT: 854 ELLICOTT ST.,LLC By: Name: Title: EXHIBIT D LANDLORD'S DESIRED DESIGN STANDARDS FOR PARKING STRUCTURE Pursuant to Section 6.1 of the Lease, although not required, Tenant shall make commercially reasonable efforts to incorporate the design standards set forth below into the site design for the Parking Structure to the extent they are financially and operationally reasonably feasible. 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- 1D,N-1C,N-1S,N-2C,N-2E,N-3C, 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 tenant spaces. Each commercial tenant space must have a minimum depth of 35 feet, measured from the front facade. 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. EXHIBIT E TERM AND CONDITIONS FOR COMMUNITY BENEFITS I. Medical Campus Community Benefit Report Tenant shall cause, with respect to the Major Institutions (as such term is hereinafter defined) and shall use commercially reasonable efforts to cause the other member institutions of Buffalo Niagara Medical Campus, Inc. ("BNMC"), except for institutions without a physical presence on the Buffalo Niagara Medical Campus ("Campus") (hereinafter referred to collectively as the "Institutions")to provide to BNMC, to the extent they are legally able to do so, and if kept in the regular course of business or readily attainable,' the information listed below. The term "Major Institutions" shall refer to, collectively, the State University of New York at Buffalo, Kaleida Health and Roswell Park Cancer Institute. The Community Benefit Report allows such Institutions,the City of Buffalo (the "City"), and the community to understand the substantial commitment of such institutions to the community and where strategies can be pursued to strengthen this commitment. Tenant shall cause BNMC to produce the Community Benefit Report annually. Subject to the foregoing,the Community Benefit Report will include the following information: o procurement dollars spent by BNMC and Institutions in total • %City of Buffalo based businesses • %M/WBE • Categories of spending (e.g., furniture, food,construction)to account for the fact that the ability to achieve targets can be different by category • Workforce participation accomplishments for businesses contracting with the Institutions • Institution contact(s) responsible for overseeing local procurement and diversity • City businesses created by the Institutions (if applicable) 1 "Readily attainable Information"is information that is not kept in the regular course of business,but can be obtained by simple observation or by the development of new collection practices that do not result in undue burden on an Institution's existing resources.Prior to adoption of the Lease,BNMC worked with the Institutions to identify the information requested below that is currently available or readily attainable and how that information will be reported by the Institution. If information is not readily attainable,the lack of the provision of the information will not jeopardize the Affiliate's ability to avoid the obligation to make the additional $300,000 payment described in section II below. o employees working in the Institutions on the Campus in total • number of employees • Categories of employment(e.g., doctor,nurse, IT, cleaning) • %City of Buffalo residents and% living in a census tract within one mile of the Campus • %minority and women • In summary form,the#of jobs that were available to the public and filled during the year ❑ education level required for the jobs ❑ identify if new hires live in City and race ❑ %offering a living wage ❑ %identified by Buffalo Employment and Training Center("BETC") • %of minorities and women in management/board positions • Projections if available relating to the future workforce needs of the Institutions and contact(s)responsible for overseeing local hiring and diversity o Schedule of community events of Institutions and BNMC o Discuss initiatives being undertaken by Institutions and BNMC to the extent these are being done in such areas as: • Employee/Staff related Housing • Workforce training • Local procurement efforts in supply chain o Community Benefit Funding • Annual approved budget for the parking structure, including mixed uses, if any ("Parking Structure") and resulting projected deposits to the Fund. Landlord shall use commercially reasonable efforts to cause the Mayor's Office of Strategic Planning to provide to Tenant and BNMC the following information for the City of Buffalo and census tracts within one mile of the Campus,to include in the Report: ❑ Employment rate. ❑ Educational attainment levels ❑ Median income ❑ Median housing values ❑ Racial statistics ❑ Housing conditions (e.g.,housing court violations, demolition orders,vacancy) Tenant shall cause BNMC to submit a draft Report to the Mayor's Office of Strategic Planning, on an annual basis, within ninety (90) days following the end of each Lease Year(as such term is defined in the Lease). Landlord shall use commercially reasonable efforts to cause the Mayor's Office of Strategic Planning to confirm receipt of the complete report and once confirmation is received, Tenant shall cause BNMC to publish the final report on its website. II. Medical Campus Community Benefit Funding The cash flow generated by the operation of the Parking Structure to be constructed by Tenant (which cash flow shall be net of operating expenses, cash designated in order to meet lender mandated requirements, debt service coverage ratios, and cash designated for a maintenance reserve in order to maintain the Parking Structure into the future), will be expended on activities intended to benefit City residents and businesses, with an emphasis on residents and businesses located in a census tract within one mile of the Campus ("Community Benefit Funding"). Landlord and Tenant acknowledge that uses for 40% of the cash flow will be determined exclusively by BNMC, uses for another 40% of the cash flow will be determined exclusively by the City and the remaining 20% of the cash flow will used for uses determined by the community. Tenant agrees that the 60% of cash flow committed to uses to be determined by the City and the community will be paid to the City for deposit in a Medical Campus Community Benefit Fund (the"Fund"). The City will develop a process for the community within one mile of the Campus to determine the uses for 20%of the cash flow. Landlord and Tenant acknowledge and agree that there will be an additional payment of $300,000 owing by Tenant to the Fund each time (but no more than once per Lease Year), as additional rent under the Lease, that BNMC fails to satisfy its minimum disclosure requirements or conditions, as set forth in this Exhibit. Tenant shall cause BNMC to distribute and discuss the Community Benefit Report annually at one of its Four Neighborhoods, One Community public meetings. The objective of the meetings with the community is to advise the community of the data in such report, on the initiatives undertaken by the Institutions, and to solicit feedback from the community on needs and priorities. This information will be considered by the City and BNMC as part of seeking input for uses of the Community Benefit Funding. The funding deposited in the Fund will be focused on common areas of concern, which may include but are not limited to: ❑ Housing ❑ Workforce Training ❑ M/WBE Business Development ❑ Buy Local Initiatives Annually, within ninety (90) days following the end of each calendar year, BNMC will provide to the City of Buffalo Mayor's Office and the Common Council the budget approved by BNMC's Board of Directors related to the anticipated operation of the Parking Structure. III. Other Community Benefit Terms Landlord and Tenant acknowledge and agree to the following additional terms: ❑ Tenant shall cause Institutions with a physical location within the Campus to post at, link to, and generally, coordinate with the BETC and the Beverly Gray Business Exchange employment and business opportunities in accordance with regulation, contract, or purchasing affiliation and cause BNMC to invite representatives from the BETC and the Beverly Gray Business Exchange to participate in BNMC's Workforce and Procurement Councils. 0 Tenant shall cause BNMC to offer free membership to Dig Buffalo to Executive Directors of the BETC and the Beverly Gray Business Exchange. ❑ Tenant will operate the Parking Structure with full time non-seasonal employees that receive a living wage during the term of the Lease. ❑ Desired parking standards that include"first floor activation" are attached hereto for consideration by the Tenant's development team. Although not required, efforts will be made to incorporate these standards into the site design in so far as they are financially and operationally feasible. The final determination of first floor activation incorporation into the design will be shared with the City as a part of the City planning process in the normal course of business. 0 Tenant shall cause BNMC to provide annually to the Mayor's Office of Strategic Planning,the Audited Financial Statements of BNMC,which will include the activity of Tenant, as certified by an Independent auditor and the annual statement of operations related to the Premises. The independent audit shall be performed in accordance with Generally Accepted Auditing Standards and shall be governed by the American Institute of CPA's to ensure that the financial statements are presented fairly and in accordance with Generally Accepted Accounting Principles. ❑ Construction of the Parking Structure, shall include: o 25%minority and 5%women workforce goal o 25%MBE and 5%WBE goal o Local workforce goal of 75% (meaning workers residing within 100 miles of the project site, excluding Canada). o Tenant will retain a third-party construction monitor to ensure compliance with goals o Tenant will complete mutually agreed upon utilization forms o Goal accomplishment data will be posted on a project sign during construction. o The project will be designed to maximize energy efficiency and follow LEED design principles where practicable Tenant agrees to post construction employment opportunities at the Buffalo Employment and Training Center EXHIBIT F MEMORANDUM OF LEASE NAME AND ADDRESS OF LANDLORD: CITY OF BUFFALO,a municipal corporation of the State of New York having its principal place of business at 200 City Hall, 65 Niagara Square, Buffalo,New York 14202. NAME AND ADDRESS OF TENANT: 854 ELLICOTT ST., LLC, a New York limited liability company having an address at 640 Ellicott Street, Suite 401, Buffalo,New York 14203 DATE OF EXECUTION OF LEASE: , 201_ DESCRIPTION OF DEMISED PREMISES IN THE FORM CONTAINED IN THE LEASE: The real property and improvements commonly known as 854 Ellicott Street,Buffalo,New York, as further described on the attached Schedule A. DATE OF COMMENCEMENT OF LEASE TERM: The original term of the Lease commenced on , 201_. DATE OF TERMINATION OF LEASE TERM: The original term of the Lease shall terminate on 31, 206_. RENEWAL TERMS: Two extension periods of twenty-five (25)years each,to be exercised by notifying the Landlord not less than six months prior to the expiration of the stated term or any extension term. TENANCY-IN-COMMON AGREEMENT: Tenant shall enter into a Tenancy-in-Common Agreement with FNUB, Inc., ("FNUB"), pursuant to which Tenant shall convey to FNUB a certain percentage undivided interest in the improvements at the demised premises for the duration of the term of the Lease, along with an exclusive right to occupy a proportionate share of the parking spaces at the demised premises during the term of such Tenancy-In-Common Agreement. IN WITNESS WHEREOF,the parties hereto have respectively executed this Memorandum of Lease as of this day of , 201_. LANDLORD: • CITY OF BUFFALO By: Name: Byron W. Brown Title: Mayor TENANT: 854 ELLICOTT ST.,LLC By: Name: Title: ACKNOWLEDGMENT STATE OF NEW YORK ) :ss. COUNTY OF ERIE ) On the day of , in the year 201_,before me,the undersigned, a notary public in and for said state,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) :ss. COUNTY OF ERIE ) On the day of , in the year 201_,before me,the undersigned, a notary public in and for said state,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 044886.00003 Business14360436v8 SCHEDULE A TO MEMORANDUM OF LEASE 044886.00003 Business 14360436v8 EXHIBIT G TENANT ESTOPPEL CERTIFICATE City of Buffalo 200 City Hall 65 Niagara Square Buffalo,New York 14202 and , 20 [LANDLORD'S MORTGAGEE] Re: 854 Ellicott Street,Buffalo,New York(SBL No. 100.71-5-2.11) Dear Sir or Madam: Reference is made herein to a certain Ground Lease Agreement dated _, 201_ entered into by and between the CITY OF BUFFALO, as "Landlord" and 854 ELLICOTT ST.,LLC,as "Tenant", as amended and supplemented by those instruments contained in Schedule A attached hereto and incorporated herein(hereinafter sometimes collectively referred to as the "Lease"), regarding the leasing of the real property and improvements located at 854 Ellicott Street,Buffalo,New York(SBL No. 100.71-5-2.11) (collectively,the "Premises"). Tenant hereby advises you as follows (capitalized terms in this letter shall have the meaning ascribed to them in the Lease): 1. A true, accurate and complete copy of the Lease is attached hereto as Schedule A. The Lease is in full force and effect and,has not been amended, modified, supplemented or superseded, except as set forth above. 2. The Effective Date of the Lease occurred on , 201_. The Rent Commencement Date of the Lease occurred on , 20 , and the current term of the Lease will continue through , 20_. Tenant has options to extend the term of the Lease for 2 successive periods of twenty-five (25)years each. 3. Tenant is currently in possession of the Premises in accordance with its rights under the Lease. 044886.00003 Business 14360436v8 4. Base Rent has been paid through , 20_and is payable in monthly installments of$ ). All additional rent due under the Lease has been paid through 5. Except as set forth on Schedule A,the Premises have not been sublet, nor has the Lease been assigned, modified, supplemented, or amended. 6. As of the date hereof, except as otherwise set forth on Schedule B, attached hereto and incorporated herein,to the best of the knowledge and belief of the Tenant,the Landlord is not currently in default under the Lease, and the Tenant has no current set-offs against the Landlord. 7. The Tenant has a right of first refusal to purchase the Premises as provided in the Lease. 8. There are no rent concessions,tenant allowances or other benefits due the Tenant which are not expressed in the Lease. 9. As of the date hereof,the Tenant has not received any notice from the Landlord that it is currently in default under the Lease. 10. The Tenant confirms that it has not deposited any funds with the Landlord as a security deposit. 11. All provisions, covenants, agreements, amendments,terms, rights and conditions of the Lease are hereby ratified and confirmed, and shall remain in full force and effect. 12. This instrument shall be binding upon Tenant and its successors, assigns, and personal representatives. 13. The above certifications are made by Tenant knowing and that they will be relied upon by Landlord and its successors and/or assigns. Sincerely, 854 ELLICOTT ST., LLC By: Name: Title: 044886.00003 Business 14360436v8 SCHEDULE A TO TENANT ESTOPPEL CERTIFICATE SCHEDULE OF LEASE DOCUMENTS 044886.00003 Business 14360436v8 SCHEDULE B TO TENANT ESTOPPEL CERTIFICATE DEFAULT NOTICES 044886.00003 Business 14360436v8 EXHIBIT H LANDLORD ESTOPPEL CERTIFICATE 854 ELLICOTT ST., LLC 640 Ellicott Street Suite 401 Buffalo,New York 14203 and , 20 [TENANT'S MORTGAGEE] Re: 854 Ellicott Street, Buffalo,New York(SBL No. 100.71-5-2.11) Dear Sir or Madam: Reference is made herein to a certain Ground Lease Agreement dated _, 201_ entered into by and between the CITY OF BUFFALO, as "Landlord" and 854 ELLICOTT ST.,LLC, as "Tenant", as amended and supplemented by those instruments contained in Schedule A attached hereto and incorporated herein(hereinafter sometimes collectively referred to as the "Lease"), regarding the leasing of the Premises located at 854 Ellicott Street,Buffalo, New York(SBL No. 100.71-5-2.11) (collectively,the "Premises"). Landlord hereby advises you as follows (capitalized terms in this letter shall have the meaning ascribed to them in the Lease): 1. A true, accurate and complete copy of the Lease is attached hereto as Schedule A. The Lease is in full force and effect and, has not been amended,modified,supplemented or superseded, except as set forth above. 2. The Effective Date of the Lease occurred on , 201_. The Rent Commencement Date of the Lease occurred on , 20_, and the current term of the Lease will continue through , 20_. Tenant has options to extend the term of the Lease for 2 successive periods of twenty-five (25)years each. 3. Landlord is the fee owner of the Premises and has not assigned its interest in the Lease. 4. Base Rent has been paid through , 20_and is payable in monthly installments of$ ). All additional rent due under the Lease has been paid through 044886.00003 Business 14360436v8 5. Except as set forth on Schedule A,the Premises have not been sublet, nor has the Lease been assigned, modified, supplemented, or amended. 6. There are no outstanding notices of default given by Landlord under the Lease. As of the date hereof, except as otherwise set forth on Schedule B attached hereto and incorporated herein,to the best of Landlord's knowledge, Tenant is not in default of any of the agreements,terms, amendments, covenants, or conditions of the Lease on the part of Tenant to be performed or complied with, and no condition or set of facts presently exist which,with the passage of time and/or the giving of notice would constitute a default by Tenant in the performance of any of the agreements,terms, amendments, covenants, or conditions of the Lease. 7. The Tenant has a right of first refusal to purchase the Premises as provided in the Lease. 8. There exist at this time no charges, liens, claims, or offsets against the rents or other charges due or to become due under the Lease. 9. There is no defense, offset, claim or counterclaim by or in favor of Landlord against Tenant under the Lease or against the obligations of Landlord under the Lease. 10. As of the date hereof,the Landlord has not received any notice from the Tenant that it is currently in default under the Lease. 11. All provisions, covenants, agreements, amendments,terms,rights and conditions of the Lease are hereby ratified and confirmed, and shall remain in full force and effect. 12. This instrument shall be binding upon Landlord and its successors, assigns, and personal representatives. 13. That there is no suit, action,proceeding or audit pending, or,as far as can be ascertained by Landlord,threatened against or affecting Landlord or the Premises at law or in equity or before or by any court, administrative agency or other governmental authority which brings into question the validity of the Lease or which if determined adversely against Landlord might result in any material adverse change to the leasehold interest of Tenant under the Lease. 044886.00003 Business 14360436v8 The above certifications are made by Landlord knowing and that they will be relied upon by Tenant and Stewart Title Insurance Company, and their successors and/or assigns. Sincerely, CITY OF BUFFALO By: Name: Byron W. Brown Title: Mayor 044886.00003 Business 14360436v8 SCHEDULE A TO LANDLORD ESTOPPEL CERTIFICATE COPY OF LEASE • 044886.00003 Business 14360436v8 SCHEDULE B TO LANDLORD ESTOPPEL CERTIFICATE DEFAULT NOTICES 044886.00003 Business 14360436v8 Appendix A Form of Access Indemnification and Insurance Agreement For Placement on 854 Ellicott St., LLC's Site Testing Contractor's letterhead (Insert Date) City of Buffalo Division of Real Estate, Office of Strategic Planning Christie Nelson, Director 65 Niagara Square, Rm. 901 City Hall Buffalo, New York 14202 RE: Access to property improved with a parking ramp, located at 854 Ellicott Street (the "Property"), in Buffalo, New York for the Purpose of site testing ("Project") and the undersigned's indemnification of the City of Buffalo ("City") generally in connection with the Project at the Property and the undersigned's indemnification of the City of Buffalo in connection with any related work to be performed in and around the Property. Dear Ms. Nelson: Add 854 ELLICOTT ST., LLC's Testing Contractor's name here (the "Contractor") has been engaged by 854 ELLICOTT ST., LLC ("Company") and is requesting access to the Property for the purposes of the Project. The City is willing to allow access to the Property for the above purpose, on condition that the Contractor provides the City of Buffalo with an indemnification and with evidence of certain types of insurance coverage. In connection with the Project, the Contractor shall and does hereby indemnify and save harmless (and agrees to defend) the City, its officers and employees from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of injury to the person or property of another, or the property of the City, resulting in any degree or manner whatsoever from or in connection with the Contractor's activities and or in connection with the Contractor's Project related activities and or resulting, from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive of the Contractor and others, or of the Contractor and his, its, or their employees, agents, or sub-contractors, in the performance of the Project and or in connection with the Project or in connection with the delivery and or installation and operation of equipment, materials and or supplies or otherwise. This indemnification is without limit. 044886.00003 Business 14360436v8 Contractor shall and does hereby agree to defend, indemnify and hold harmless the City, its and their agents, officers, servants and/or employees for all claims or losses for personal injury involving employees of the Contractor or persons working for the Contractor or any sub-contractor or supplier or any third parties injured during the performance of the Project, events related to the Project, or under this letter agreement/access agreement. This letter agreement/access agreement and the effectuation of the indemnification hereunder is intended to be accompanied and facilitated by the Contractor's provision to the City of evidence of various types of insurance coverage as set forth below. This letter agreement/access agreement shall be voided and of no effect unless the Contractor shall provide the City with proof of Workman's Compensation Insurance for the benefit of, and keep insured during the life of the Project work, such employees as are necessary to be insured in compliance with the provisions of the Workmen's Compensation Law of the State of New York on the New York form. The Contractor shall also provide evidence of disability insurance coverage on the New York Form. In furtherance of the foregoing, the Contractor shall also provide evidence of general liability, automobile, disability and worker's compensation insurance coverage naming City as an additional insured in the case of general liability and automobile liability insurance (specifying the scope of the allowed access and Project work. objective) and as certificate holder for each type of insurance coverage. Said insurance coverage shall be maintained for the duration of this access agreement in an amount of not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by any one person and not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than Three Hundred Thousand Dollars ($300,00.00) for property damage (with the City named as additional insured under each such insurance policy) and automobile liability insurance policy of at least $1,000,000.00 (any vehicle with the City named as additional insured); to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Contractor's or Company's agents, consultants or contractors entrance upon and/or work performed by or for Company pursuant to Project objectives. The Contractor shall furnish appropriate certificates of insurance at the time of execution of this letter agreement. The.City shall be named as certificate holder and as an additional insured under the general liability insurance coverage (with the Project being described in the description of operations box of the certificate of insurance including a reference to the 044886.00003 Business 14360436v8 Project), the automobile liability insurance coverage (any auto) as well as under excess/umbrella liability coverage. The City shall be named as certificate holder on a certificate of insurance (on the New York form) evidencing worker's compensation insurance coverage and disability insurance (on the New York form). The Company and Contractor shall not look to the City of Buffalo for any payment whatsoever in connection with the Project. Notwithstanding anything contained herein to the contrary, the Contractor shall not access the Property and/or the Project site for any purpose unless the City shall have issued a written notice to proceed. City reserves the right to terminate the access in the City's sole discretion at any time and the Company and Contractor shall have no recourse to the City in such event. City shall receive a copy of field notes, test results, and completed report/copy of completed product all free of charge. The Contractor agrees to restore the Property to as good a condition as the Contractor found it and agrees to clean-up the Project site after completion of the Project, if necessary as determined by the City in the City's sole discretion. 854 ELLICOTT ST., LLC's Contractor BY: Name Date Title Accepted and agreed to by the City of Buffalo through its Division of Real Estate BY: Christie Nelson, Director Date 044886.00003 Business 14360436v8 STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF ) ss.: On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public 044886.00003 Business 14360436v8 Appendix B Form of Access Indemnification and Insurance Agreement For Placement on 854 Ellicott St., LLC's Demolition Contractor's letterhead (Insert Date) City of Buffalo Division of Real Estate, Office of Strategic Planning Christie Nelson, Director 65 Niagara Square, Rm. 901 City Hall Buffalo, New York 14202 RE: Access to property improved with a parking ramp, located at 854 Ellicott Street (the "Property"), in Buffalo, New York for the Purpose of demolition of parking ramp ("Project") and the undersigned's indemnification of the City of Buffalo ("City") generally in connection with the Project at the Property and the undersigned's indemnification of the City of Buffalo in connection with any related work to be performed in and around the Property. Dear Ms. Nelson: Add 854 ELLICOTT ST., LLC's Demolition Contractor's name here (the "Contractor") has been engaged by 854 ELLICOTT ST., LLC ("Company") and is requesting access to the Property for the purposes of the Project. The City is willing to allow access to the Property for the above purpose, on condition that the Contractor provides the City of Buffalo with an indemnification and with evidence of certain types of insurance coverage. In connection with the Project, the Contractor shall and does hereby indemnify and save harmless (and agrees to defend) the City, its officers and employees from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of injury to the person or property of another, or the property of the City, resulting in any degree or manner whatsoever from or in connection with the Contractor's activities and or in connection with the Contractor's Project related activities and or resulting, from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive of the Contractor and others, or of the Contractor and his, its, or their employees, agents, or sub-contractors, in the performance of the Project and or in connection with the Project or in connection with the delivery and or installation and operation of equipment, materials and or supplies or otherwise. This indemnification is without limit. 044886.00003 Business 14360436v8 Contractor shall and does hereby agree to defend, indemnify and hold harmless the City, its and their agents, officers, servants and/or employees for all claims or losses for personal injury involving employees of the Contractor or persons working for the Contractor or any sub-contractor or supplier or any third parties injured during the performance of the Project, events related to the Project, or under this letter agreement/access agreement. This letter agreement/access agreement and the effectuation of the indemnification hereunder is intended to be accompanied and facilitated by the Contractor's provision to the City of evidence of various types of insurance coverage as set forth below. This letter agreement/access agreement shall be voided and of no effect unless the Contractor shall provide the City with proof of Workman's Compensation Insurance for the benefit of, and keep insured during the life of the Project work, such employees as are necessary to be insured in compliance with the provisions of the Workmen's Compensation Law of the State of New York on the New York form. The Contractor shall also provide evidence of disability insurance coverage on the New York Form. In furtherance of the foregoing, the Contractor shall also provide evidence of general liability, automobile, disability and worker's compensation insurance coverage naming City as an additional insured in the case of general liability and automobile liability insurance (specifying the scope of the allowed access and Project work objective) and as certificate holder for each type of insurance coverage. Said insurance coverage shall be maintained for the duration of this access agreement in an amount of not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by any one person and not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than Three Hundred Thousand Dollars ($300,00.00) for property damage (with the City named as additional insured under each such insurance policy) and automobile liability insurance policy of at least $1,000,000.00 (any vehicle with the City named as additional insured); to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Contractor's or Company's agents, consultants or contractors entrance upon and/or work performed by or for Company pursuant to Project objectives. The Contractor shall furnish appropriate certificates of insurance at the time of execution of this letter agreement. The City shall be named as certificate holder and as an additional insured under the general liability insurance coverage (with the Project being described in the description of operations box of the certificate of insurance including a reference to the 044886.00003 Business 14360436v8 Project), the automobile liability insurance coverage (any auto) as well as under excess/umbrella liability coverage. The City shall be named as certificate holder on a certificate of insurance (on the New York form) evidencing worker's compensation insurance coverage and disability insurance (on the New York form). Contractor shall at Contractor's expense also provide to the City an Owner's Protective Liability insurance policy in the amount of at least $2,000,000 naming the City as the named insured, the Contractor as the Designated Contractor and specifying the job as "demolition of parking ramp." The insurance company must be admitted in New York State. The Company and Contractor shall not look to the City of Buffalo for any payment whatsoever in connection with the Project. Notwithstanding anything contained herein to the contrary, the Contractor shall not access the Property and/or the Project site for any purpose unless the City shall have issued a written notice to proceed. The City shall receive a copy of demolition plans and specifications and field notes and wrap up reports as well as notice of any accidents or injuries. The Contractor agrees to clean-up the Project site after completion of the Project, if necessary as determined by the City in the City's sole discretion. 854 ELLICOTT ST., LLC's Contractor BY: Name Date Title Accepted and agreed to by the City of Buffalo through its Division of Real Estate BY: Christie Nelson, Director Date 044886.00003 Business 14360436v8 STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF ) ss.: On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public 044886.00003 Business 14360436v8 Appendix C Form of Access Indemnification and Insurance Agreement For Placement on 854 Ellicott St., LLC's Construction Contractor's letterhead (Insert Date) City of Buffalo Division of Real Estate, Office of Strategic Planning Christie Nelson, Director 65 Niagara Square, Rm. 901 City Hall Buffalo, New York 14202 RE: Access to property located at 854 Ellicott Street (the "Property"), in Buffalo, New York for the Purpose of construction of a new parking ramp ("Project") and the undersigned's indemnification of the City of Buffalo ("City") generally in connection with the Project at the Property and the undersigned's indemnification of the City of Buffalo in connection with related work to be performed in and around the Property. Dear Ms. Nelson: 854 ELLICOTT ST., LLC's Construction Contractor (the "Contractor") has been engaged by 854 ELLICOTT ST., LLC ("Company") and is requesting access to the Property for the purposes of the Project. The City is willing to allow access to the Property for the above purpose, on condition that the Contractor provides the City of Buffalo with an indemnification and with evidence of certain types of insurance coverage. In connection with the Project, the Contractor shall and does hereby indemnify and save harmless (and agrees to defend) the City, its officers and employees from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of injury to the person or property of another, or the property of the City, resulting in any degree or manner whatsoever from or in connection with the Contractor's activities and or in connection with the Contractor's Project related activities and or resulting, from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive of the Contractor and others, or of the Contractor and his, its, or their employees, agents, or sub-contractors, in the performance of the Project and or in connection with the Project or in connection with the delivery and or installation and operation of equipment, materials and or supplies or otherwise. This indemnification is without limit. 044886.00003 Business 14360436v8 Contractor shall and does hereby agree to defend, indemnify and hold harmless the City, its and their agents, officers, servants and/or employees for all claims or losses for personal injury involving employees of the Contractor or persons working for the Contractor or any sub-contractor or supplier or any third parties injured during the performance of the Project, events related to the Project, or under this letter agreement/access agreement. This letter agreement/access agreement and the effectuation of the indemnification hereunder is intended to be accompanied and facilitated by the Contractor's provision to the City of evidence of various types of insurance coverage as set forth below. This letter agreement/access agreement shall be voided and of no effect unless the Contractor shall provide the City with proof of Workman's Compensation Insurance for the benefit of, and keep insured during the life of the Project work, such employees as are necessary to be insured in compliance with the provisions of the Workmen's Compensation Law of the State of New York on the New York form. The Contractor shall also provide evidence of disability insurance coverage on the New York Form. In furtherance of the foregoing, the Contractor shall also provide evidence of general liability, automobile, disability and worker's compensation insurance coverage naming City as an additional insured in the case of general liability and automobile liability insurance (specifying the scope of the allowed access and Project work objective) and as certificate holder for each type of insurance coverage. Said insurance coverage shall be maintained for the duration of this access agreement in an amount of not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by any one person and not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than Three Hundred Thousand Dollars ($300,00.00) for property damage (with the City named as additional insured under each such insurance policy) and automobile liability insurance policy of at least $1,000,000.00 (any vehicle with the City named as additional insured); to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Contractor's or Company's agents, consultants or contractors entrance upon and/or work performed by or for Company pursuant to Project objectives. The Contractor shall furnish appropriate certificates of insurance at the time of execution of this letter agreement. The City shall be named as certificate holder and as an additional insured under the general liability insurance coverage (with the Project being described in the description of operations box of the certificate of insurance including a reference to the Project), the automobile liability insurance coverage (any auto) as well as under 044886.00003 Business 14360436v8 excess/umbrella liability coverage. The City shall be named as certificate holder on a certificate of insurance (on the New York form) evidencing worker's compensation insurance coverage and disability insurance (on the New York form). Contractor shall at Contractor's expense also provide to the City an Owner's Protective Liability insurance policy in the amount of at least $2,000,000 naming the City as the named insured, the Contractor as the Designated Contractor and specifying the job as "construction of parking ramp." The insurance company must be admitted in New York State. The Company and Contractor shall not look to the City of Buffalo for any payment whatsoever in connection with the Project. Notwithstanding anything contained herein to the contrary, the Contractor shall not access the Property and/or the Project site for any purpose unless the City shall have issued a written notice to proceed. 854 ELLICOTT ST., LLC's Contractor BY: Name Date Title Accepted and agreed to by the City of Buffalo through its Division of Real Estate BY: Christie Nelson, Director Date 044886.00003 Business 14360436v8 STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF ) ss.: On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public 044886.00003 Business 14360436v8 Appendix D Form of Access Indemnification and Insurance Agreement For Placement on 854 Ellicott St., LLC's Operations Contractor's letterhead (Inse o., City of Buffalo Division of Real Estate, Office of Strategic Planning Christie Nelson, Director 65 Niagara Square, Rm. 901 City Hall Buffalo, New York 14202 RE: Access to property improved with a parking ramp located at 854 Ellicott Street (the "Property"), in Buffalo, New York for the Purpose of operating a ramp ("Project") and the undersigned's indemnification of the City of Buffalo ("City") generally in connection with the Project at the Property and the undersigned's indemnification of the City of Buffalo in connection with related work to be performed in and around the Property. Dear Ms. Nelson: 854 ELLICOTT ST., LLC's Operations Contractor (the "Contractor") has been engaged by 854 ELLICOTT ST., LLC ("Company") and is requesting access to the Property for the purposes of the Project. The City is willing to allow access to the Property for the above purpose, on condition that the Contractor provides the City of Buffalo with an indemnification and with evidence of certain types of insurance coverage. In connection with the Project, the Contractor shall and does hereby indemnify and save harmless (and agrees to defend) the City,,its officers and employees from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of injury to the person or property of another, or the property of the City, resulting in any degree or manner whatsoever from or in connection with the Contractor's activities and or in connection with the Contractor's Project related activities' and or resulting, from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive of the Contractor and others, or of the Contractor and his, its, or their employees, agents, or sub-contractors, in the performance of the Project and or in connection with the Project or in connection with the delivery and or installation and operation of equipment, materials and or supplies or otherwise. This indemnification is without limit. 044886.00003 Business 14360436v8 Contractor shall and does hereby agree to defend, indemnify and hold harmless the City, its and their agents, officers, servants and/or employees for all claims or losses for personal injury involving employees of the Contractor or persons working for the Contractor or any sub-contractor or supplier or any third parties injured during the performance of the Project, events related to the Project, or under this letter agreement/access agreement. This letter agreement/access agreement and the effectuation of the indemnification hereunder is intended to be accompanied and facilitated by the Contractor's provision to the City of evidence of various types of insurance coverage as set forth below. This letter agreement/access agreement shall be voided and of no effect unless the Contractor shall provide the City with proof of Workman's Compensation Insurance for the benefit of, and keep insured during the life of the Project work, such employees as are necessary to be insured in compliance with the provisions of the Workmen's Compensation Law of the State of New York on the New York form. The Contractor shall also provide evidence of disability insurance coverage on the New York Form. In furtherance of the foregoing, the Contractor shall also provide evidence of general liability, automobile, disability and worker's compensation insurance coverage naming City as an additional insured in the case of general liability and automobile liability insurance (specifying the scope of the allowed access and Project work objective) and as certificate holder for each type of insurance coverage. Said insurance coverage shall be maintained for the duration of this access agreement in an amount of not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by any one person and not less than One Million Dollars ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than Three Hundred Thousand Dollars ($300,00.00) for property damage (with the City named as additional insured under each such insurance policy)and automobile liability insurance policy of at least $1,000,000.00 (any vehicle with the City named as additional insured); to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Contractor's or Company's agents, consultants or contractors entrance upon and/or work performed by or for Company pursuant to Project objectives. The Contractor shall furnish appropriate certificates of insurance at the time of execution of this letter agreement. The City shall be named as certificate holder and as an additional insured under the general liability insurance coverage (with the Project being described in the description of operations box of the certificate of insurance including a reference to the Project), the automobile liability insurance coverage (any auto) as well as under 044886.00003 Business 14360436v8 excess/umbrella liability coverage. The City shall be named as certificate holder on a certificate of insurance (on the New York form) evidencing worker's compensation insurance coverage and disability insurance (on the New York form). Contractor shall at Contractor's expense also provide evidence of garage keeper's liability insurance as is standard in the industry. The Company and Contractor shall not look to the City of Buffalo for any payment whatsoever in connection with the Project. Notwithstanding anything contained herein to the contrary, the Contractor shall not access the Property and/or the Project site for any purpose unless the City shall have issued a written notice to proceed. 854 ELLICOTT ST., LLC's Contractor BY: Name Date Title Accepted and agreed to by the City of Buffalo through its Division of Real Estate BY: Christie Nelson, Director Date 044886.00003 Business 14360436v8 STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this day of , 20 , before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF ) ss.: On this day of , 20 , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public 044886.00003 Business 14360436v8 Ground Lease Agreement between the City of Buffalo as Landlord and 854 Ellicott St., LLC as Tenant at 854 Ellicott Street in Buffalo (Ell) Mr. Rivera moved: That the above item be, and the above communication from the Hon. Byron W. Brown, Mayor, dated February 16, 2016, be received and filed; That the Common Council hereby approves the proposed Ground Lease Agreement between the City of Buffalo and 854 Ellicott St., LLC, as described in the communication to the Common Council previously submitted; and that the Common Council hereby authorizes the Mayor to execute the Ground Lease with only such clarifications and modifications as are recommended by the City of Buffalo's Corporation Counsel's Office in finalizing the Ground Lease Agreement; and that the Common Council hereby authorizes pertinent City personnel to facilitate the Ground Lease Agreement and take all such steps and execute such documents and enter into such agreements and arrangements as are necessary to implement the objectives set forth in the proposed Ground Lease Agreement PASSED AYES —9 NOES - 0 • • C:\Users\clehner\AppData\Local\Microsott\Windows\Temporary Internet Files\ContentOutlookU5MLCIH5\Ground Lease Agreement 854 Ellicott St.docx * AYE * NO * * * * • FEROLETO * * * * FONTANA * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * PRIDGEN * * * * * * RIVERA * * • * * * * SCANLON * * * * * • WINGO * * . * * * WYATT * * * * * [MAJ- 5 ] * 6 * [2/3 - 6] * * * [3/4 - 7] • • #4(Rev 7-07) a >, \C'v-715 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: FEBRUARY 4, 2016 in the Department of EXECUTIVE Division of. MAYOR to the Position of CHIEF DIVERSITY OFFICER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) EXEMPT 'Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary): Starting Salary of $ 89,192. LAST JOB TITLE NAME CRYSTAL RODRIGUEZ LAST DEPARTMENT DATE ADDRESS 140 LINWOOD AVE., APT. B12 LAST SALARY CITY&ZIP BUFFALO, NY 14209 LAST 4 DIGITS OF SSN. XXX-XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY&ZIP LAST 4 DIGITS OF SSN. XXX-XX- RECEIVED AND FLED BUDGETORG. CODE 10301001 TITLE CODE NO I j BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR • YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: F BRUARY 4,2016 SIGNATURE OF APPOINTING AUTHORITY: G.) 0.62--01--‘ ORIGINAL+2 COPIES T : 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 FROM THE MAYOR- EXECUTIVE DEPARTMENT Feb 16,2016 FROM THE OFFICE OF CITIZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL 0 0 TO: THE COMMON COUNCIL DATE: February 1, 2016, FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report for January 2016 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 January 2016, 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. Department Head Name: Oswaldo esCre Tr: Title: D'rec nor Citizen Services Signature of Department Head: RECEIVED AND FILED 1 City of Buffalo Citizen Services 218 City Hall Calls Between 1/1/2016 and 1/31/2016 ...:N.. a,,,,me opened . Americorp �.. 1 Anti-Graffiti Program Assessment Issue 2 BFD Fire Issue 6 BMHA 13 BMHA Employee Issue Board of Education BPD Employee Issue _ BPD Quality of Life Issue 38 Buffalo Police Department 63 _mm Citizens'Information 26 CityClerk Dog License DPIS Rental Registration 1 EDPIS 501 Fire Hydrant 10 HR Civil Service Issue Illegal Dumping OSP RealEstate Inrem Real Estate Law Claims 18 NationalGrid Streetlights2 142 Open311 Graffiti 3 Open311 Housing Parking Buffalo Traffic Violations 18 Post Event PVB Abandoned Vehicle 22 _.�... PVB Parking Issue 222 PVB Pay Station 67 PVB Personnel Issue 5 ._. PVB Single-Space Meter 131 PVB Veh Blocking Snow Plow 3 PW Animals PW Bridge Issue PW Building Maintenance PW Bulk Trash PW Cave In PW Christmas Tree 121 PW City Forester 14 PW City Parks 4 PW Curbs PW Damage from Snow Removal PW Damage from Sts/San Dept 6 PW Damaged Street Light Pole 17 e_. ___.. PW Dead Animal Removal 13 PW Eng Personnel PW Excess Trash 31 PWForestry SubContractor 41a.Faxercank.rxtromeariwszat..emmatlronnellwarsa....1.M.........melseePsxamarausa,rnmayszarfrommiecatemmerme I 1 i I 1 I 1 IV Calls Between 1/1/2016 and 1/31/2016 Name �.. �., a9.Q lied PW Garbage Missed Pickup162 25 PW Illegal Dumping_Curb PW Illegal Dumping_Street PW Leaves/Lawn Debris21 PW Missed 2_Piece Trash 41 PW Ongoing Construction PW Ordinance Violations 47 PW Other Hole in Road PW Pavement Markings Lines PW Paving m 3 PW Pest 14 PW Pick and Pay 102 PW Plowing Issue16 ..,.. ._. ..._, ... ._m.._ PW Pot Hole 105 PW Recycle Tote Replace ►m�n.,. ��,.� ter.... 73 _T .. PW Recycle Totes 81 PW RecycleTote Abandon Pickup PW Recycling Missed Pickup 125 PW Recycling Personnel Issue PW Recycling Tote Escalated Question PW Right of Way Issue VIII III III A�II PW Rodents PW ILMI_ Ill 1I TIL ..VIII PW Sanitation OperationalIII, PW Sanitation Personnel IIID IIII M .. _ II IIII PW Sidewalks IIIIIIIIIIIOIIIIIIIIII ne PW Sign Hazards IIIIIIIIII IIIIIIIBIII�IIl��11 IIIIIII PW Sign Maintenance11111111111111S11.1111111111_. PW Signal Issue DoT IIS Il l� 111111 . PW Signal Other Issue �I III_. I ��. SII PW Signal Out or Flashingw.__ .�__: .._.__._,___, III III IIIII�I�I I1I�IIII I III III PW Signal Timing Issue City _ • PW SnowBank Removal PlAf Street Plowing _ __._'_�.. ...... PW Street Salting PW Streets ...,. O perational PW Sweeper PW Tote Waiver . PW Totes 647 PW ..w 30 PW Totes Audit PW TV at Curb 5 PW User FeeSMIIIIIIIIUIIIIIIIIII t PW Vacant Lot Qui 14 ----- Quick Response Teams Save Our Streets Sewer 13 Sewer-Flooding 6 Taxation Issue Telecommunications 1 Water 23 Water Billing6 _Meter .m .,, 2 I1 FROM THE BUFFALO PRESERVATION BOARD • 5EA(_ _ _mo• CityofBuffalo0 0 G TY±off BUFFALO PRESERVATION BOARD Byron W. Brown, Mayor Paul McDonnell AIA Chair February 3, 2016 Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Landmarking North Park Branch Library, 2351 Delaware Avenue, Buffalo, NY 14216 The Buffalo Preservation Board recommends that the Buffalo Common Council designate the North Park Branch Library, 2351 Delaware Avenue (corner of Hertel Avenue and Delaware Avenue) a local landmark. The attached application was initiated and prepared by the Preservation Board. The North Park Branch Library, located at 2351 Delaware Avenue, Buffalo, at the northeast corner of Hertel Avenue, was built in 1928-29. The one-story brick-and-stucco Tudor Revival building and its landscaped setting were designed by the Howard Beck, the prolific and long-serving City Architect of the City of Buffalo's Department of Public Works, Architectural Bureau. Beck had the title from 1904 until the early 1930's, a period which saw the city gain 221,000 people. The library's architectural integrity is intact, with only inconsequential changes occurring since it was built. The library was closed in consolidation plan by the Buffalo and Erie County Library in 2008. The current branch library serving North Buffalo and Parkside is adapted retail space in a strip plaza built on former industrial land, approximately one-half mile west of Delaware Avenue. The building and its park are threatened: The City of Buffalo recently elected to sell the building to a developer who has proposed to demolish the library and its park and replace it with a retail and office building. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "Any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation...The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." A public hearing to review the application was held by the Buffalo Preservation Board on January 28, 2016 and the Preservation Board unanimously voted based on the application and public input. It should be noted that there were several speakers who spoke in favor of landmarking and there was no one present to speak in opposition nor were there any written opposing comments. -2- Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that the properties meet 5 of the 9 criteria for designation as a Local Landmark: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The North Park Library was constructed as the civic capstone of its neighborhood and so is an integral part of the North Park neighborhood, a vibrant inter-war residential area. The neighborhood has a wonderful collection of intact high-style and vernacular structures reflecting the times, including thousands of revivalist houses, well-detailed commercial structures, numerous houses of worship, and a vibrant, successful collection of retail stores, taverns and restaurants. (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. The library was built during a time when Buffalo was growing at a substantial rate and was seeking to expand its public institutions apace, such as schools and libraries. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials The Tudor Revival style chosen for the library is a fine example of a style commonly chosen for educational buildings, including schools, universities, and libraries throughout the United States common in the early 20th century. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. North Park Library was designed by Howard Beck, City Architect for the City of Buffalo. Mr. Beck designed numerous fire houses, government buildings, libraries, schools and even an early proposal for a new city hall as City architect during his tenure in the early twentieth century. He was easily Buffalo's most prolific civic architect and the North Park Library may be the only Tudor Revival structure he designed. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The fine brick and stone detailing, intact leaded glass windows, and "half timber" chestnut and stucco gables all contribute to a very well done Tudor revival building constructed in a "workmanlike" manner to produce a timeless building. (9) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city. The North Park Library was intended to be a civic anchor, and has been a visual fixture in the neighborhood since its construction. it can be seen for many blocks while I I- I • _3_ travelling north on Delaware Avenue, or east on Hertel Avenue. Its unique siting, set back from the street with a broad front lawn, distinguishes it from the overwhelming number and nature of the later commercial developments nearby, particularly those built on former industrial and railroad lands west of Delaware Avenue. Respectfully submitted, Paul Donnell, AIA ^.. 4 Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION. NOTICE OF PUBLIC HEARING I S. PURSUANT TO chapter 337-7 OF THE CITY OF BUFFALO CODE THE BUFFALO PRESERVATION BOARD WILL HOLD A PUBLIC HEARING IN ROOM 901, BUFFALO CITY HALL AT: THURSDAY: 1-28-2016 3:30 PM APPLICANT: NORTH PARK LIBRARY PREMISES 2351 DELAWARE FOR: CONSIDERATION OF THE SITE TO BE DESIGNATED A LOCAL LANDMARK. COUNCILMEMBER: FEROLETO BUILDING/ USE APPLICATION: APPLICANT MUST PRESENT THIS ITEM TO THE BOARD. THIS NOTICE IS FOR YOUR INFORMATION ONLY. NO APPEARANCE IS NECESSARY UNLESS YOU ARE INTERESTED IN THIS MATTER, BUFFALO PRESERVATION BOARD 65 Niagara Square, Room 901 Buffalo, NY 14202-3318, (716)851-4064 1 NOTICE OF PUBLIC HEARING: BUFFALO PRESERVATION BOARD Notice is hereby given pursuant to Chapter 337-7, of Buffalo Code that a public hearing will be conducted by the Buffalo Preservation Board in Room 901 City Hall, Buffalo, NY, on Thursday January 28, 2016 at 3:00 PM. The purpose of the hearings will be to consider the application of the properties known as the "The Bachelor" apartments located at 331 Franklin Street, "The Crosby Company" at 412 William Street and "North Park" Library at 2351 Delaware Avenue to be designated as a City of Buffalo Local Landmark. Any person(s) who would like to speak for and/or against these landmark designations is invited to attend. Meetings of the Buffalo Preservation Board are open to the public. Paul McDonnell Chair, Buffalo Preservation Board I I. Buffalo Preservation Board � 65 Niagara Square Room 901 Buffalo,NY 14202-3318 2351 DELAWARE January 13, 2016 Marcy Lombardo The Buffalo News One News Plaza Buffalo, New York 14240 RE: PRESERVATION BOARD PUBLIC HEARINGS: • "The Bachelor" @331 FRANKLIN • "The Crosby Company" @ 412 WILLIAM • "North Park" Library @ 2351 DELAWARE Dear Ms. Lombardo: It is hereby requested that the enclosed notice of public hearing be printed in the Buffalo News on Saturday, January 16, 2016. Please confirm receipt of this notice by e-mailing me at tchwalinski@city-buffalo.com. Please bill ACCT. #CI 5200. Sincerely, Thomas Chwalinski Senior Planner—OSP • CC: Nadine Marrero Angela Webber, OSP Form LS-1 • Application for Landmark/Landmark Site Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851-5029 Fax: (716) 851-4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10"), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building/properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: **** check in the amount of$500.00 made out to the Cityof Buffalo Preservation Board must be submitted at time of application for non-owner occupied structures/sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site #23 51 P 1 A lAt7. AVE. 2. Name of Property(if any) d _?/6► . f✓L4 L(I ► "‘1, Page 1 of 3 3. Name of Present Owner ''/C1 Address 2 G dA'. j ? v_* City pore z Zip ✓42b� Phone Contact person R� ,. !r . 14 Phone Note: If property is in multiple ownership, list the names/addresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? ` Yes ? No If yes, is owner in favor of landmark designation? Yes No If yes, submit a signed statement/affidavit by owner supporting Designation. 5. Present useV property 6. Year of Construction ( 2i92J Information Source IA Cr. de 2. .,D Le,.. :.fit:. 7. ArchitectPi)W,/ Information Source ARAl RzikithiJ b 5 8. Is property endangered? Yes No If yes, explain: A 5 ' , !._ .a' 0 I r _ _ QE Sji 9. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark site. Please indicate the sources of information, 10. Please attach any additional material which might be useful in considering the site for landmark designation,i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. Page 2 of 3 ' a 11. Name of Applicant Organization, (if -ny 6.4. _id NI >so :or„'"5C.° 150AFP Address !T h City ibarrytiz Zip 1410 2- Phone I hereby certify that the information contained herein is true and correct to the best of my knowledge. ,h( Signature of Applicant 1 , 1( Date Page 3 of 3 • City'of Buffalo,NY Code Page 3 o landmark site or historic district shall also be filed in the office of the Erie County Clerk by the Corporation Counsel in such form and manner as shall best provide notice to prospective buyers of affected property. 1 § 337-14. Amendment or rescission of designation. Designation of landmarks, landmark sites and historic districts may be amended or rescinded in the manner in which created. § 337-15. Criteria for designation. A.The Preservation Board shall, upon such investigation as it deems necessary,make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the following criteria: (1) It has character,interest or value as part of the development,heritage or cultural characteristics of the City,state or nation. (2) Its location is a site of a significant local,state or national event. (3) It exemplifies the historic,aesthetic,architectural,archaeological,educational,economic or cultural heritage of the City,state or nation. (4) It is identified with a person or persons who significantly contributed to the development of the City, state or nation. (5) it embodies distinguishing characteristics of an architectural style valuable for the study of a period, type,method of construction or use of indigenous materials. (6) It is the work of a master builder,engineer,designer,architect or landscape architect whose individual work has influenced the development of the City,state or nation. (7) It embodies elements of design,detailing,materials or craftsmanship that render it architecturally significant. (8) It embodies elements that make it structurally or architecturally innovative. (g) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the City. B.Any structure, property or area that meets one or more of the above criteria shall also have sufficient integrity of location,design, materials and workmanship to make it worthy of preservation or restoration. ei The Architectural, Historical, and Cultural Significance of the North Park Branch Library, 2351 Delaware Avenue, Buffalo, NY 14216 Introduction The North Park Branch Library, located at 2351 Delaware Avenue, at the northeast corner of Hertel Avenue, was built in 1928-29. The one-story brick-and-stucco Tudor Revival building and its landscaped setting were designed by the Howard Beck, the prolific and long-serving City Architect of the City of Buffalo's Department of Public Works, Architectural Bureau. Beck had the title from 1904 until the early 1930's, a period which saw the city gain 221,000 people. The library's architectural integrity is intact, with only inconsequential changes occurring since it was built. The library was closed due to the stated cost of asbestos abatement in about 2008. The current branch library serving North Buffalo and Parkside is adapted retail space in a strip plaza built on former industrial land approximately one-half mile west of Delaware Avenue.The building and its park are threatened: The City of Buffalo recently elected to sell the building to a developer who has proposed to demolish the library and its park and replace it with a retail and office building. Significance Between 1910 and 1930 the area known as Hertel-North Park developed into a vibrant middle class enclave. Scores of mixed-use buildings were built on Hertel Avenue between Parker and Delaware avenues. The side streets were filled with thousands of houses and apartments in the Colvin Park Estates and other developments. With them came new schools, churches, synagogues, a theater, and the library. The North Park Library was built as part of a major initiative of the Buffalo Library to build branch libraries throughout the city. Nine buildings were constructed in less than 20 years. These facilities would become the civic anchors and identifying landmarks of their neighborhoods. Each was designed to harmonize with and ennoble its residential setting. For almost 80 years the North Park Library served the Hertel-North Park neighborhood and nearby public and parochial schools (Numbers 21, 22, 66, 81, 86, and 88, and parochial schools Holy Spirit, St. Margaret's, and St Rose of Lima). As stated in John Conlin's Survey of Buffalo Civic Architecture: "Nowhere did Beck have a more profound and sweeping influence on Buffalo Civic buildings than the branch library. The original branch libraries of the Buffalo and Erie County Public Library represent a unique collection of special purpose architecture built over a relatively short time span." Architectural Assessment The North Park Branch library is located at the northeast corner of Hertel Avenue and Delaware Avenue. It is a broad Y-shaped structure with a raised basement. The two symmetrical wings extend from the gabled entrance pavilion at a broad angle, defining and sheltering a the greensward. The exterior steps bring one up to a foyer, from which it is a half-flight up to the main floor, which contains reading rooms and book shelves, and a half-flight down to the basement, which contains a large public meeting room and mechanical spaces. The main floor reading rooms and book shelves are under a high, shallow-vaulted ceiling. The circulation desk and service areas occupy the stem of the y-plan. The plan is uncluttered, expansive, and adaptable to a multitude of uses. The building owes a large debt to the local Arts and Crafts tradition as exemplified by the Roycroft Community in East Aurora, the Willis Carrier House and Nichols School on nearby Amherst Street (both by Green & Wicks), and their echo in the large "Stockbroker Tudor"houses and apartment buildings of the late 1910's and 1920's in the locality. The exterior is defined by brown brick walls and a dominant, sharply pitched roof with decorative half-timbering and cream stucco at the gable ends. Casement windows with diamond panes with lead caming provide ample and atmospheric illumination within during the day. At dusk the effect is reversed, as the glow of lamplight emanates from the finely patterned glass. A massive brick chimney with cast stone shoulders, set almost flush in the wall, bisects the south gable and is tucked behind verge boards before finally breaking free, silhouetted against the sky, where it contributes to the romantic effect endemic to the style. The roof has deep flared eaves, and is sheathed with what appears to be heavy cement shingle. It is unknown if this sheathing is original, but, as rendered, it is sympathetic to the building. It appears that this may have been Howard Beck's only foray into the Tudor style. A small ground-level, one-story brick addition at the end of the north wing gives direct access to the basement from the outside. The brick is of a slightly different shade It has a flat roof copper coping and two small windows with cast stone sills. One has original diamond-paned windows. The addition's original exterior door has been replaced by a plain metal door. Beck sought to maximize the amount of green space in the setting, pushing the building as far as possible into the northeast quadrant of the almost square 123-ft x149-ft lot. This is especially important; the siting and the shape of the building allow the library to embrace a large tree lawn, which provides the bucolic setting and emotional response integral to the domestic romanticism that was a dominant trait of the aspiring American middle-class before the Great Depression. This evocative civic set-piece of landscape and architecture forms a western gateway to a broad swath of the city and a reminder of ideals higher than the noisy, glaring commercialism that would take over this corner. It stands as bulwark and antidote. Research indicates that the library is Beck's only Tudor Revival design, but it fits the style and aspirations of its neighborhood to a "T" (or a "Y", as the case may be). The Architect Howard L. Beck is recognized as being the most prolific of any architect to hold the title of City Architect. Beck began work in the City Architect's Office as a draftsman in 1890 and became the official City Architect in 1904 at the age of 32. His tenure lasted until the early 1930's, when he was succeeded by Clair E. Hutchinson. Beck was City Architect during Buffalo's era of greatest growth in population and wealth and he was charged with designing many of the civic buildings supporting the burgeoning city. He would design fire stations, police precincts, parks buildings, schools, libraries,and community centers. His choice of styles ran the gamut from the academic revival styles, as seen at North Park, to the classical revival (Precincts 8 and 12) to the Flemish Revival (Hook & Ladder 12) or Craftsman style (Engine 36). Beck, responsible for designing so many buildings in a short span, standardized many plans and building types, as can be seen in Schools 22, 26, and 29, and Precincts 8 and 12. The functional standardization was artfully masked by a high level of stylistic detail. Beck was responsible for all of Buffalo's branch libraries during his tenure, including the Fairfield Branch Library, the conversion of which he designed. The Fairfield Library was designed by William Wicks as a church; Beck reconfigured the interior and added a wing. In 1912, he designed his first new library, the Jubilee Library on Niagara Street. Seven more followed from 1924 through 1930. Each reflected the sensibilities of their neighborhoods and an awareness of architectural developments across the country. His command can be seen in the following libraries: • Fairfield Branch Library addition (Colonial Revival) (original building by Green & Wicks) • Jubilee Branch Library Niagara Street, 1912 • Kensington Branch Library, 1922 • Cazenovia Branch Library (Colonial Revival), 1924 • Genesee Branch Library (Renaissance Revival), 1927 • North Park Branch Library (Tudor Revival), 1928 • North Jefferson Branch Library (Renaissance Revival), 1929 • West Side Branch Library (Spanish Renaissance Revival), 1928 • Clinton Branch Library and Neighborhood House, 1930 "These branch libraries were conceived as unique focal points of community interaction. The social philosophy behind them is given in a "History of the Buffalo Public Library" (1936) which quotes from a 1921 report: "There are no more friendly community centers possible, and none more thoroughly appreciated than branch libraries. Each has its own public...and they do much toward making good c)-(fi citizens of the grown people and the children. The Library is a place wholly free from the stigma of charity, without prejudice of any kind, without any ulterior motive, free from all propaganda just a center of friendliness and service distributing good books..." In addition to the above-mentioned libraries, Beck was the architect for the following buildings: • Hook & Ladder#10 Southside Parkway, 1907 (later Engine #30) • Hook & Ladder#11 636 Fillmore Avenue, 1908 • Hook & Ladder#12 395 Amherst Street, 1913 • Engine #35 1512 Clinton Street, 1913 • Engine #36 1655 Elmwood Avenue, 1913 • Police Precinct #8 647 Fillmore Avenue • Police Precinct #12 1186 Genesee Street • School #21 1000 Hertel Avenue • School #61 453 Leroy Avenue • School #22 90 Huntington Avenue, 1906 • School #29 2219 South Park Avenue, 1904 • School #62 396 Urban Street Conclusion As per the Charter and Code of the City of Buffalo, 337-15, The Buffalo Preservation Board upon investigation has made a determination that the North Park Library meets the following criteria as cited in the code to be listed as local landmark: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The North Park Library was constructed as the civic capstone of its neighborhood and so is an integral part of the North Park neighborhood, a vibrant inter-war residential area. The neighborhood has a wonderful collection of intact high-style and vernacular structures reflecting the times, including thousands of revivalist houses, well-detailed commercial structures, numerous houses of worship, and a vibrant, successful collection of retail stores, taverns and restaurants. (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. The library was built during a time when Buffalo was growing at a substantial rate and was seeking to expand its public institutions apace, such as schools and libraries. • (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials The Tudor Revival style chosen for the library is a fine example of a style commonly chosen for educational buildings, including schools, universities, and libraries throughout the United States common in the early 20th century. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. North Park Library was designed by Howard Beck, City Architect for the City of Buffalo. Mr. Beck designed numerous fire houses, government buildings, libraries, schools and even an early proposal for a new city hall as City architect during his tenure in the early twentieth century. He was easily Buffalo's most prolific civic architect and the North Park Library may be the only Tudor Revival structure he designed. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The fine brick and stone detailing, intact leaded glass windows, and "half timber" chestnut and stucco gables all contribute to a very well done Tudor revival building constructed in a "workmanlike" manner to produce a timeless building. (9) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city. The North Park Library was intended to be a civic anchor, and has been a visual fixture in the neighborhood since its construction. 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'of.'-',V ....T.:1.::110.‘,:21'. 44* • ' ..4. i,11:!'y .-'1*.--1' '‘ ?-4f.._:- . f -,•,.. ,:,.•.•.-•• b . . , 3 3 , , c Cityof BuffaloC z 0 0 30 0 BUFFALO PRESERVATION BOARD Byron W. Brown, Mayor Paul McDonnell AIA Chair February 3, 2016 Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Landmarking Bachelor Apartments, 331 Franklin Street, Buffalo, NY The Buffalo.Preservation Board recommends that the Buffalo Common Council designate the Bachelor Apartments, 331 Franklin Street, Buffalo, NY (located at the corner of Franklin Street and Tupper Street) a local landmark. The Bachelor, located at 331 Franklin Street, southeast corner of Tupper Street, is a four-story brick and stone Queen Anne style apartment building constructed in 1886. Built for the James N. Metcalf Estate, it was designed by Green &Wicks, the preeminent Buffalo architectural firm founded in 1884, and is significant as one of the firm's earliest remaining buildings. It largely retains its as-built appearance, and is still used for its original purpose. The Bachelor is also significant as one of the earliest apartment buildings built in Buffalo, and is possibly the oldest surviving such building. The future of this important building is in jeopardy as it has been proposed to be demolished to allow the construction of a hotel. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "Any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation...The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." A public hearing to review the application was held by the Buffalo Preservation Board at a public meeting on January 28, 2016 and the Preservation Board unanimously voted based on the application and public input. It should be noted that there were several speakers who spoke in favor of landmarking and there was no one present to speak in opposition nor were there any written opposing comments. Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that the properties meet 4 of the 9 criteria for designation as a Local Landmark: -2- 1. It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. As one of the first apartment buildings in Buffalo, and the very first which catered specifically to bachelors, the Bachelor has character, interest, and value as part of the development of the City of Buffalo. 3. It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. As the oldest downtown building designed by Green & Wicks, perhaps the most celebrated architectural firm in Buffalo history, the Bachelor exemplifies the historic and architectural heritage of the City of Buffalo. 4. It is identified with a person or persons who significantly contributed to the development of the city, state or nation. The Bachelor was the place of residence of multiple individuals who significantly contributed to the development of the City of Buffalo, New York State, and the nation. 5. It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials Retaining much of its as-built appearance, and still used for its original purpose, the Bachelor is a survivor in a part of downtown Buffalo that is now principally made up of acre upon acre of surface parking. It is a rare example of an early apartment building constructed in the Queen Anne style, reflective of the architectural currents of the 1880s. Respectfully submitted, Paul 'Donnell, AIA Of Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION. 1 NOTICE OF PUBLIC HEARING PURSUANT TO chapter 337-7 OF THE CITY OF BUFFALO CODE THE BUFFALO PRESERVATION BOARD WILL HOLD A PUBLIC HEARING IN ROOM 901, BUFFALO CITY HALL AT: THURSDAY: 1-28-2016 3:00 PM APPLICANT: "The Bachelor" Apartments PREMISES 331 FRANKLIN FOR: CONSIDERATION OF THE SITE TO BE DESIGNATED A LOCAL LANDMARK. COUNCILMEMBER: DARIUS PRIDGEN BUILDING/ USE APPLICATION: APPLICANT MUST PRESENT THIS ITEM TO THE BOARD. THIS NOTICE IS FOR YOUR INFORMATION ONLY. NO APPEARANCE IS NECESSARY UNLESS YOU ARE INTERESTED IN THIS MATTER, BUFFALO PRESERVATION BOARD 65 Niagara Square, Room 901 Buffalo, NY 14202-3318, (716)851-4064 January 13, 2016 Marcy Lombardo The Buffalo News One News Plaza Buffalo, New York 14240 RE: PRESERVATION BOARD PUBLIC HEARINGS: • "The Bachelor" @331 FRANKLIN • "The Crosby Company" @ 412 WILLIAM • "North Park" Library @ 2351 DELAWARE Dear Ms. Lombardo: It is hereby requested that the enclosed notice of public hearing be printed in the Buffalo News on Saturday, January 16, 2016. Please confirm receipt of this notice by e-mailing me at tchwalinski@city-buffalo.com. Please bill ACCT. #CI 5200. Sincerely, Thomas Chwalinski Senior Planner—OSP CC: Nadine Marrero Angela Webber, OSP 1 3 -7 • NOTICE OF PUBLIC HEARING: BUFFALO PRESERVATION BOARD Notice is hereby given pursuant to Chapter 337-7, of Buffalo Code that a public hearing will be conducted by the Buffalo Preservation Board in Room 901 City Hall, Buffalo, NY, on Thursday January 28, 2016 at 3:00 PM. The purpose of the hearings will be to consider the application of the properties known as the "The Bachelor" apartments located at 331 Franklin Street, "The Crosby Company" at 412 William Street and "North Park" Library at 2351 Delaware Avenue to be designated as a City of Buffalo Local Landmark. Any person(s) who would like to speak for and/or against these landmark designations is invited to attend. Meetings of the Buffalo Preservation Board are open to the public. Paul McDonnell Chair, Buffalo Preservation Board g _ . _ _ _ • Form LS-1 Application for Landmark/Landmark Site Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851-5029 Fax: (716) 851-4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8"x 10"), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building/properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: **** check in the amount of$500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non-owner occupied structures/sites. Please provide the following on the property for which landmark consideration is requested. F 1. Address of Site 3 (i/\. - ` l ,1 2. Name of Property(if any) N&G,If\e/lar -iLkxr---6erAiTh Page 1 of 3 3 3 ci 11. Name of Applicant: T-1 ikA0 ItH 41&) Organization, (if any): VDOFe-WA-1TO&3 &dig I hereby certify that the information contained herein is true and correct to the best of m knowledge. Signature of Applicant ) it- 11.41 Date Page 3 of 3 1 interesting cross-section, but perhaps the most noteworthy association involved our landlord, a Holocaust survivor who operated his television and electronics store on the ground floor and advertised his business occasionally in Billboard. As noted,the attached list of prominent residents of 331 Franklin Street is a draft in progress. I will continue to work on it(for example, I should check additional city directories and need to add citations for various sources I've already consulted),but it seems important to provide some form of this information without undue delay. Sincerely, Raymond C. Vaughan,Ph.D. 2 many years as the Chief of the Bureau of Bacteriology in the Health Dept. of Buffalo. Was also a consulting sanitary expert for Chautauqua Institution, city of Niagara Falls, and town of West Seneca; surgeon of the 74th Regiment,N.Y.National Guard. He was a member of the Erie County Medical Society, served on several committees of the Medical Society of New York State, and was president of the State Board of Medical Examiners and of the NYS Sanitary Officers Association. He made various contributions to the medical and scientific literature. Member of the Saturn Club and Buffalo Canoe Club. Information about Bissell can be found online and in various publications.6 George S. Metcalfe, 1859-1934; member of prominent Buffalo family; active in real estate development. Lived at 331 Franklin Street in Buffalo ca. 1906-1910.7 Son of James Harvey Metcalfe of Buffalo and thus lived for several years in the Metcalfe House (McKim,Mead and White)that stood at 125 North Street. In addition to his real estate work and other business ventures,he served in 1901 as a member of the Committee on Ceremonies that handled President McKinley's funeral and the public mourning/viewing arrangements, and he also served in 1909 as a Commissioner of Deeds for Erie County. Information about Metcalfe can be found online and in various publications. George W. Goetz, 1856-1914;Buffalo businessman(wholesale grocery and insurance). Lived at 331 Franklin Street in Buffalo ca. 1895-1896.8 Had studied medicine at McGill but left those studies in 1877 to work for the wholesale grocery firm of Philip Becker& Co. in Buffalo;was treasurer of that company from 1893 onward. Served on the boards of directors of the Buffalo Commercial Insurance Company and the Buffalo German Insurance Company. Owner of the registered trotting horse Attellem, ca. 1901. Information about Goetz can be found online and in various publications. Henry Hale Seymour, 1849-1913; lawyer. Lived at 331 Franklin Street in Buffalo ca. 1895- 1898 and again in 1909-1910.9 Graduated Cornell 1871. Studied law in Mt. Morris,NY;was admitted to the bar in 1874 in Buffalo. Traveled abroad for a year before establishing his law practice in Buffalo; also took several later trips to Europe. Argued at least one case before the U.S. Supreme Court,Bell v. Bell, 181 U.S. 175 (1901). Served variously as Commissioner of Jurors,bar examiner, and lecturer at UB Law School. Lieutenant-colonel in the N.Y.National Guard. Served as president of the University Club and(in 1908) as secretary of the Buffalo Club. Author of Ceramic Art in Egypt. Information about Seymour can be found online and in various publications.lo 6 See especially biographical sketch in Twentieth Century Buffalo(1902). 1906 and 1907 city directories; 1910 federal census listing; also The Buffalo Blue Book...for the Year Ending September 1, 1906(Dau Publishing Co.). 8 1895 city directory; also Buffalo Address Book and Family Directory 1896-1897(Peter Paul Book Co.). 91895 city directory; alumni list in The Ten-Year Book of Cornell University, III(1898); 1909 Cornell Alumni News; 1910 federal census listing. 10 See especially biographical sketch in Who's Who in New York City and State(1907)and obituary in 1913 Cornell Alumni News. 2 2-1 The Architectural,Historical,and Cultural Significance of The Bachelor,331 Franklin Street I.Introduction The Bachelor,located at 331 Franklin Street,southeast corner of Tupper Street,is a four-story brick and stone apartment building constructed in 1886.It was designed by Green&Wicks,the preeminent firm of Buffalo's distinguished architectural history. It is significant as one of the firm's earliest remaining buildings.Built for the James N.Metcalfe Estate,it largely retains its as-built appearance,and is still used for its original purpose.The Bachelor is also significant as one of the earliest purpose-built apartment buildings built in Buffalo,possibly the oldest such surviving. II. Significance In the 1880s,the neighborhood of the Bachelor Apartments was primarily residential,and would remain so into the mid-twentieth century. Most of the buildings were wood and brick single-family houses. On January 2, 1885,the lot at the southeast corner of Franklin and Tupper Streets,measuring about 50 feet square,was sold by Elizabeth and Frederick Geib to Edward Brodhead Green for$5,000. Green was an architect and principal in the firm of Green&Wicks,which had just relocated to Buffalo from Auburn, NY. Green passed ownership to the James N.Metcalf Estate on April 23, 1885.The estate then formally commissioned Green&Wicks to design an apartment house for the lot.The design was completed by early 1886,and was the subject of an article in the Buffalo Morning Express on January 31, 1886(see Attachment A).Completed in May 1886,it was described in the Real Estate and Builders'Monthly the following month: The Bachelor.This is the name,of genial suggestion,which is to be borne by the four- story structure,recently completed,on the southeast corner of Franklin&Tupper streets. As most of our readers have already learned,it is the property of the Metcalfe estate,and is to be occupied as an apartment-house for gentlemen. [...]Exteriorly,the building is of pressed brick with stone trimmings,very tastefully designed.Within,it is finished with oak and Georgia pine,and the plumbing and ventilation are arranged on the most approved principles of modem sanitation.The building is provided with fire-escapes leading from each apartment.The ground floor is laid out into a suite of dental parlors,a doctor's office,and a small store.The entrance to the apartments proper is from Franklin street.The main hall,lighted by a skylight,is in the centre of the building and is occupied by a staircase and a freight elevator.All apartments are provided with steam heat,gas, hot,and cold water,fire-places,and closets.All apartments on the first floor and one apartment on the second have separate bath and water closets.Three of the suites have a study and two bedrooms,and are intended each for two tenants.All other apartments have a study and one bedroom.The building will be under the charge of a resident janitor, who,it is expected,will be able to provide a light breakfast for any tenant desiring it. [...] The architects of this very perfect little institution were Green&Wicks;the mason,J.H. Tilden;the carpenter,J.W.Atwood;the plumbing was done by E. L.Cook&Co.;the elevator was from the Howard Iron Works; the fire-places and tile-work were by Malcom &Wolsley;the mantels from the Cutler Furniture Co.,&c. The Bachelor Apartments was among the earliest apartment houses to be built in Buffalo.Apartment house living(as opposed to tenements)was then new in the United States.Modeled after buildings in Paris,apartment houses had begun to be built in quantity in New York City in the mid-1870s,arriving in Buffalo around 1880.Apartment house construction accelerated considerably here in the 1890s,but the Bachelor was among the pioneers. The Bachelor is also notable for its tenants,who were,as the name suggests,all single men.The Bachelor was the first"gentleman's apartment house"built in Buffalo.When it opened in 1886,it was marketed only to bachelors under the motto, "When a man's single he lives at his ease." It was to be a temporary bulkheads.Above the massive sandstone lintel course is a row of shallow dentils several courses high, surmounted by a small molded cornice. The three upper floors of the principal elevations are treated similarly,with irregularly spaced windows on each story that line up vertically with the ones above and below.The larger windows on the second and third floors have segmental arches,with splayed lintels of brick,while the smaller windows have round arches; all the windows on the fourth story have round arches.All the openings appear to have stone sills. Originally the window openings were filled with single-hung windows that had a large single-pane lower sash and a smaller,fixed multi-pane upper sash;the openings now have plastic single pane,double-hung sash windows.At the top of the fourth story is a simplified brick frieze.A molded cornice with dentil course projects above.The plane of the facades continues above this cornice,forming a parapet at the roof,topped by a small coping punctuated by short chimneys.The notch at the northwest corner features a single window on each story that mirror those on the adjacent elevations.The south and east elevations have no details and a few small segmental arch windows; there is a square notch in the southeast corner containing a metal fire escape. The original wooden-spindled interior staircase remains,lit by a skylight,and retains the wooden gates that once opened onto a freight elevator. IV.The Architects Green&Wicks is the most significant Buffalo-based architectural firm in the city's history.The office was the leading firm in the city by 1895,as attested by the Illustrated Buffalo Express of April 14, 1895: "Buffalo has many good architects... but to no single firm is so much of prominent Buffalo work attributable as to Green&Wicks... [T]hey have indelibly impressed their mark upon the Buffalo of today." Edward B.Green(1855-1950)and William S.Wicks(1854-1919)were natives of Central New York. Both attended the architectural program at Cornell University during the 1870s,where Green graduated in 1878;Wicks completed his final two years at MIT,graduating in 1877.This advanced academic preparation was new and relatively rare;most American architects up to then simply learned on-the-job. The partnership of Green&Wicks was formed in Auburn,NY,in 1880.Immediately the firm began receiving a significant amount of work in Buffalo(including the imposing James Adams house,designed in1882 and extant)and relocated to Buffalo in 1881,launching an enterprise that would go on to design over 300 buildings. Green&Wicks began executing a stream of prominent buildings:the First Presbyterian Church (1889-1891),Market Arcade(1892),Dun Building(1893-1894),Twentieth Century Club(1895-1896), Buffalo Savings Bank(1898-1901),and the Albright Art Gallery(1901-1905)in Buffalo;the University Block(1897)in Syracuse,and the Albright Memorial Library(1891-1892)in Scranton,Pa. Residential designs are also a major part of the Green&Wicks legacy.These include the mansions of Buffalo's industrial and commercial titans,townhouses,and upper-middle class houses,but few apartment houses;230 North Street(1914)is a distinguished example,almost 30 years after the Bachelor. Later work included the Marine Bank Building in Buffalo,the State Agricultural College in Ithaca,and the State Fair Buildings at Syracuse,all c. 1910-1913.Wicks retired in 1917,whereupon the firm became Green& Sons.Green practiced,first with his sons,then with other partners,almost until his death in 1950.As James,Meadows&Howard,Green's firm ultimately lasted until 1974. Attachment A "The Bachelor."Buffalo Morning Express 31 Jan. 1886: 12. "The Bachelor." An Apartment House for Gentlemen—A Novel Idea for Buffalo. "The Bachelor,"located at the south-east corner of Franklin and Tupper streets,and owned by the Metcalfe estate,is a four-story structure, designed by Green&Wicks,architects,and intended to be occupied as an apartment house for gentlemen. It is built of pressed brick and Medina stone. The ground floor is laid out into a suite of dental parlors,a doctor's office,and a small store. The entrance to the apartments proper is from Franklin Street.The main hall lighted by skylight,is in the center of the building,and is occupied by a staircase and elevator. Each apartment consists of a study,a bathroom,one or two sleeping rooms,together with closets, mantels,and fire places. Steam heat,gas,and hot and cold water are supplied to each apartment,and fire- escapes are placed on three sides of the building. Designed especially for this purpose,"The Bachelor"will provide for single gentlemen the maximum of comfort at the minimum of cost.The building will be under the charge of a resident janitor,who will care for the apartments. The building will be finished interiorly with oak and Georgia pine,and the plumbing and ventilation are arranged on the most approved principles of modern sanitation.The furnishing of the several apartments is left to the taste of their respective tenants. "The Bachelor"supplies a want which daily makes itself more strongly felt in this growing city.Now the bachelor in whose honor the building is named may escape the cribbed confinement incidental to a hall bedroom in a crowded boarding-house and find himself with room to swing a cat or a buttonless shirt,and if his struggles with a stubborn necktie bring on an indulgence in expletive,he may so indulge without fear that sensitive female ears may be shocked thereby.He may leave his bottle of hair-dye—or bottle of anything else for that matter—standing in bold prominence on his bureau without the fear of its exciting a scandal.His apartment will be his castle;and if his cigars diminish in number with undue rapidity it will be from his own smoking,and not from the depredations of the family cat or the chambermaid's cousin. Bachelorhood is a sad condition,but under these new surroundings it will be robbed of half its terrors. The building will be ready for occupancy about the 1st of May. i s • . • ie i-lc., ..0- . — - • , •?.. ------" w",1 .1,. . I1 . . THE . i . ., . . 1. BACHELOR : 1 ..:—.0,-- nn"...,,,it . L.i....,6 „.• 4,,, .. Le,,i, . tjUa. 1 ;I , t i...1 i? .1 •.71. •1' i 1 g IlistA,di'.... II ,: 1• i Li BRAic Y I: 1 1 1 t, BUFFAL0ORIERIE COUNTY ‘,. AL SOCIM it . r HIST 1-: LIBRARY' ! • " When a man 's single he lives at his ease." •St i , V 11. Vkibli_ „ , . . . , . . 1 . i . o I 1 1 1 . • • 1 .. ,.„._.,...,.,,_ .,._..,._._, ..:_._"1 . r t1 • I 1 1 Tupper Street. > tp .›1 xi i M I m . b‘ • •' U�:C� ■ . . 1.41 .'.: 3 If r lionti.ii pi r: . ,.... ,.. .......„.., , ,.. ..• f ., _. . , , p- ....., _ _�U :: W r' _IIIIIIItJIOII �z 1 4. 1.1 �� • 1. _ _ • •3 71 m �. Ii * • • 1 11 9 • i , o h ar o o a oq o h ( �'n" N, N co h co �., h n ?.. &�..1...�,. ti HyA *. N. y LI N h, ,� ,�-h; *• cp co `�, h cO0 a to cy f O N Zty Q. 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' .,-,..„ .:. ...„,..i,,,. , a r .. • , (1...,, ,,f:h; . .: ..... ..,, . .. • . .: 6! . ,,: • 1' '-'. 1 .. . : • ', :• . 71,- , , • I.... tli 1 . ' 1. '! • l',:,' ' ....i . • . • i . n s^t o - c.3 o, a: 4 ity of Buffalo 0301-.C-7-'1-- - BUFFALO PRESERVATION BOARD Byron W. Brown, Mayor Paul McDonnell AIA Chair February 3, 2016 Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Landmarking The Pratt Street Industrial Heritage District (a.k.a. 412 William Street) The Buffalo Preservation Board recommends that the Buffalo Common Council designate The Pratt Street Industrial Heritage District (a.k.a. 412 William Street) locally landmarked district. The attached application was initiated and prepared by the Preservation Board. The Pratt Street Industrial Heritage District (a.k.a. 412 William Street) is a multiple-building site constructed largely between the mid-19th-and early 20th centuries. The Crosby Company illustrates the technological and architectural evolution of industrial buildings in Buffalo when Buffalo often pioneered or popularized the type. Buildings commissioned by the company include designs by Lansing & Beier! and R.J. Reidpath, significant shapers of the city's architectural and industrial character. The complex stands as one of the earliest metal stamping plants in the United States, a process which offered significant savings over die casting and machining of metal parts. It is further associated with William H. Crosby, a singular individual whose influence on the City of Buffalo is felt to the present day. The complex includes the Theodor Kleinschmit malt house, built on Pratt Street as early as 1871. Nearby industrial complexes include the former Iroquois Brewery and Washington Iron Works. The period of significance of the district is 1865 to 1929. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "Any person, group of persons, or:association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation...The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." A public hearing to review the application was held by the Buffalo Preservation Board on January 28, 2016 and the Preservation Board unanimously voted based on the application and public input. i .i---' -2- Per§ 337-15, Criteria for designation, of the Buffalo City Code, the Preservation Board determines that the Pratt Street Industrial Heritage District, a.k.a. the Crosby Complex, 412 William Street, meets multiple criteria for designation as a Local Landmark district. It also is likely to yield significant new information and educational value through site and archival investigation. 1. It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The factory complex of the Crosby Company has significant interest and value in communicating the story of the industrial development of the City of Buffalo, New York State, and the nation. 3. It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. The factory complex of the Crosby Company, one of the first and certainly among the most prominent sheet metal manufacturers in North America, exemplifies the economic heritage of the City of Buffalo, New York State, and the nation. 4. It is identified with a person or persons who significantly contributed to the development of the city, state or nation The Crosby Company complex is identified with William H. Crosby, an entrepreneur and philanthropist who significantly contributed to the development of the City of Buffalo, New York State, and the nation. It is also identified with Theodor Kleinschmit, one of Buffalo's first brewers and maltsters and an important figure in the city's German American history. 5. It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials The Crosby Company complex embodies distinguishing characteristics of late 19th and early 20th century industrial architecture and engineering, with significant work by prominent firms Lansing & Beierl and R.J. Reidpath & Son, as well as the contractor Charles Berrick. 7. It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The Crosby Company complex embodies elements of design, detailing, materials, and craftsmanship that render it architecturally significant. -3- 9. It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city. The unique location and singular physical characteristics of the Crosby Company factory complex make it an established or familiar visual feature of Buffalo's East Side. Respectfully submitted, Paul M Donnell, AIA Chair, Buffalo Preservation Board REFEME) TO THE COMMITTEE ON LEGISLATION. NOTICE OF,PUBLIC HEARING PURSUANT TO chapter 337-7 OF THE CITY OF BUFFALO CODE THE BUFFALO PRESERVATION BOARD WILL HOLD A PUBLIC HEARING IN ROOM 901, BUFFALO CITY HALL AT: THURSDAY: 1-28-2016 3:15 PM APPLICANT: "The Crosby Company" PREMISES 412 WILLIAM FOR: CONSIDERATION OF THE SITE TO BE DESIGNATED A LOCAL LANDMARK. COUNCILMEMBER: DARIUS PRIDGEN BUILDING/ USE APPLICATION: APPLICANT MUST PRESENT THIS ITEM TO THE BOARD. THIS NOTICE IS FOR YOUR INFORMATION ONLY. NO APPEARANCE IS NECESSARY UNLESS YOU ARE INTERESTED IN THIS MATTER, BUFFALO PRESERVATION BOARD 65 Niagara Square, Room 901 Buffalo, NY 14202-3318, (716)851-4064 Buffalo Preservation Board ' 65 Niagara Square Room 901 Buffalo,NY 14202-3318 412 WILLIAM January 13, 2016 Marcy Lombardo The Buffalo News One News Plaza Buffalo, New York 14240 RE: PRESERVATION BOARD PUBLIC HEARINGS: • "The Bachelor" @331 FRANKLIN • "The Crosby Company" @ 412 WILLIAM • "North Park" Library @ 2351 DELAWARE Dear Ms. Lombardo: It is hereby requested that the enclosed notice of public hearing be printed in the Buffalo News on Saturday, January 16, 2016. Please confirm receipt of this notice by e-mailing me at tchwalinski@city-buffalo.com. Please bill ACCT. #CI 5200. Sincerely, Thomas Chwalinski Senior Planner—OSP CC: Nadine Marrero Angela Webber, OSP Form LS-1 Application for Landmark/Landmark Site Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851-5029 Fax: (716) 851-4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10"), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building/properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: **** check in the amount of$500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non-owner occupied struc- tures/sites. Please provide the following on the property for which landmark consideration is re- quested. 1. Address of Site : ` 1 2_ l,, )Ll.i k/'4 `a 1 2. Name of Property (if any): PLA-1-1 `aT�� I'� �S'► � t- 3. Name of Present Owner: 2. Address: � o �� 'cl� `�F. �,�i�"tf� �' /4-Zc `I Contact person: .)P ?J x 12 S J5 + 1P(') Page 1 of 3 Note: If property is in multiple ownership, list the names/addresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Owner will be contacted as per City of Buffalo Code. If owner has been contacted, is owner in favor of landmark designation? If yes, submit signed statement/affidavit by owner supporting designation. 5. Present use of property: M E-1-P't s 7-Pr 1l tJ( F P J P-y 6. Year of Construction IFS 7 I l`�(9 Information Source: C:e,111 DI 2 Ur_T Ia►55 ` .6--(12/\-,11)-( . I N,SL)611\-1(b- M 1 � 7. Architect: f ►.J 6 9 V,61 Eft- -J .R b y g lam) Information Source : carr-Ni ,n.1 8. Is property endangered? Nb If yes, explain: 1 (Oft) 9. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark iM Po ►V� 1.JJ'J& site. Please indicate the sources of information. 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. Page 2 of 3 t 11. Name of Applicant: --111-A --' 11-A lL91 I`}''f I {%t- 'QA-' Organization, (if any): C l T) s -�7 6 02J 1 I hereby certify that the information contained herein is true and correct to the best of my knowledge. /0 JMeU\,, Signafrure of Applicant ) / 11 ) x: Date ' • Page 3 of 3 • (1,0 The Architectural,Historical,and Cultural Significance of the Crosby Company Complex,Pratt&William Streets,Buffalo — I.Introduction The Pratt Street Industrial Heritage District(a.k.a.The Crosby Company complex,412 William Street)is a multiple-building site constructed largely between the mid 19th-and early 20th centuries.The Crosby Company illustrates the technological and architectural evolution of industrial buildings in Buffalo when Buffalo often pioneered or popularized the type.Buildings commissioned by the company include designs by Lansing&Beierl and R.J.Reidpath,significant shapers of the city's architectural and industrial char- acter.The complex stands as one of the earliest metal stamping plants in the United States, a process which offered significant savings over die casting and machining of metal parts.It is further associated with William H. Crosby,a singular individual whose influence on the City of Buffalo is felt to the present day.The complex includes the Theodor Kleinschmit malthouse,built on Pratt Street as early as 1871. Nearby industrial complexes include the former Iroquois Brewery and Washington Iron Works.The peri- od of significance of the district is 1865 to 1929. II. Crosby Company The Crosby Company complex is located on Buffalo's East Side,in the heart of a historically German-, Jewish-, and African-American neighborhood.The Crosby Company was one of the largest industrial concerns in the City of Buffalo,and one of the world's largest manufacturers of stamped sheet metal. In,1896,the Crosby Company was organized to manufacture bicycle fittings from sheet metal.The firm was then located in a small building at 506 Genesee Street.The Crosby Company developed fast methods of fabricating lighter-weight,stronger,and cheaper bicycle fittings."This started,"boasted John Martin Smith,president of the Crosby Company after 1944,"the history of metal stampings,and the develop- ment of this industry helped pace the growth of America."While the Crosby Company survives to this day,a Chicago bicycle manufacturer,Western Wheel Works,long vanished,can claim to have introduced metal stamping to the United States in the early 1890s. In 1902,the Crosby Company moved to an existing 25,000-square-foot building at 185 Pratt Street—now referred to as Building 2 of the Crosby complex.From this nucleus,buildings were added as the compa- ny expanded from bicycle parts to motorcycle and automobile parts.A Crosby advertisement from the country's first automobile show(in Chicago in 1901)stated"Crosby metal stampings are playing an im- portant role in the development of the automobile."Soon,Crosby was producing stampings for hundreds of different devices. The Crosby Company reached its peak employment level during World War I,when,in addition to what regular business it could maintain during wartime,it manufactured shells,helmets,and metal machine gun links,and employed 1,500 workers.By World War II,the company occupied 363,000 square feet of space.Its metal stamping components were found in automobiles,aircraft,locomotives,trolleys,refriger- ators,shower heads,bathroom scales,electric fans,lawn mowers,coal hoppers,and thousands of prod- ucts integral to everyday life. Company literature stated"From the time you turn off your alarm clock to the moment you put out for your bedside lamp,metal stampings are providing a better way of living.And a large number of these metal stampings are fabricated by Crosby." III.William H. Crosby William H.Crosby was born in Markham,Ontario,in 1862,moved to Buffalo in 1883,and held various positions—including with the Holmes&Adams oil refinery and the Niagara Machine Company—before entering the sheet metal business.He began work in the metal stamping industry in 1894 at Spaulding Machine&Screw Company,where he was briefly a partner.In 1896,William H. Crosby and William H. Hill formed The Crosby Company to manufacture bicycle frame parts. Crosby was president and active head of the firm from its founding through 1930,by which time he was making substantial philanthropic bequests locally and nationally.He remained chairman of the board until his death in 1944. Crosby was also chairman of the board of the Barcalo Manufacturing Company(inven- tors of the reclining chair)and the builder of the Crosby Building,constructed in 1916 at the northwest corner of Franklin and Mohawk streets. While Crosby's contributions to the economic history of the City—and indeed,of America—are signifi- cant,his lasting impact is felt through his extensive philanthropy.As H.Katherine Smith of the Buffalo Courier-Express noted in 1955,William H. Crosby's philanthropy"exemplifies one of the basic princi- ples by which its donor lived: the belief that wealth is a trust,to be shared and to benefit others." Crosby donated$2,000,000 to the University of Buffalo in 1929(over$27,000,000 in 2015 dollars); $400,000 of which was used to build Crosby Hall,designed by E.B. Green and completed in 1931.In ad- dition Crosby gave significant support to Berea College in Kentucky,and several historically black col- leges. IV.Theodor Kleinschmit The Crosby Company factory complex sits on property that was a center of brewing and distilling since the 1830's,and incorporates a malthouse built by Theodor Kleinschmit as early as 1871.Kleinschmit was born in 1828 in Sachsenhausen,in what is now Germany.In 1857,he immigrated to Hamilton,Ontario, and moved to Buffalo in 1860,where for the next 11 years he was employed at various breweries and malt houses.In 1871,he established his malting business at 193 Pratt Street.This is an 1897 account of Kleinschmit(died 1901)from History of the Germans in Buffalo and Erie County,Part II: Through diligence and thrift he succeeded in building,in partnership with William Klepe in 1871,a malt house...Thanks to his tireless energy,his prudence,and his business sense as well as his practical ability,he succeeded in bringing his firm to a flourishing state and he found further markets for the products of his malthouse.By the time he re- tired in 1892 he had brought his business so far that he could be counted among the most distinguished of Germans in the city. V.Building development The Crosby Company factory complex is one of the finest collections of factory buildings from what ar- chitectural historian Reyner Banham called Buffalo's"Golden Age"of industrial architecture between 1895 and 1925. The Crosby Company complex includes work by Lansing&Beierl(c.1892-1910).The partnership of Williams Lansing and Max Beierl,who started their careers as draftsmen for Green&Wicks,was prolific and profound. Surviving commercial and institutional work includes the Connecticut Street Armory,Sib- ley&Holmwood Candy Company,Lafayette Presbyterian Church,and the city's first purpose-built au- tomobile parking garage,an"automobile stable"at 18 Summer Street(1904).All are of heavy timber construction,as is the building now known as Crosby Building No. 2,built to its,current dimensions by 1902.Lansing&Beierl filed plans for a one-story brick and heavy-timber frame addition in that year, and a panoramic sketch made in that year shows the full four-story building on the site.In detailing and exe- cution,the fourth story matches the second and third stories below, suggesting that the builder and de- signer could have been the same.Lansing&Beierl had a fruitful relationship with builder Charles Berrick,extending to designing side-by-side homes for two Berrick brothers on Linwood Avenue,as well as collaborating on warehouses in the First Ward. r f Building No. 2 was designed on the cusp of revolutionary change in factory design,just as reinforced concrete framing—and the aesthetic changes it promoted—was moving from experimentation to common practice.The building has a hard-working facade: it was designed to communicate basic functions— where deliveries must go and shipments must leave,and where visitors and staff must enter—and a face to project dignity,success,and status. The result was a three-bay,four-story factory loft building with architectural nuance.The structure is heavy timber post-and-beam;sidewalls 20 inches thick on the first story,and 16 inches thick on the sec- ond and third stories,receive the ends of floor joists;the fourth story walls are 12 inches thick and receive the ends of the roof joists.The front exterior wall,which has ample fenestration,adds brick piers to the brick cladding. The top three stories are an essay in spare but handsome industrial 2-3-2 rhythm.Monotony is avoided by projecting the central bay the depth of one brick,and by running the tripartite window scheme of the cen- tral bay across all three bays on the top floor.A subtle corbelling scheme defines the top of the building: the flanking bays have corbel tables supporting flat wall planes,while the central bay reverses this,with a panel below the corbel table,which terminates at the top of the parapet. Corbelling also runs across the facade just below the fourth story window sills,possibly indicative of the former parapet prior to expan- sion. The piers flanking the top story of the central bay are further projected by corbelling,forming an implied tower.Flattened arches springing from rusticated Medina sandstone shoulders define the windows. The first story,in its present state,is a result(probably in 1909,by the engineering firm of R.J.Reidpath) of infilling what likely was a typical wood-and-glass loft front: deliveries in one bay,staff and visitors in the central bay,and shipping out of the third bay.A 1902 bird's eye drawing of the city suggests as much. Cast iron pilasters by the Washington Street Iron Works survive from the original configuration;broad on the flanks,narrower on the inside,they support a continuous steel I-beam lintel,faced with wooden planking. (The Washington Iron Works,which for decades supplied cast-iron building fronts for Buffalo, shared the same block as Crosby;it was at the north end of Pratt Street at Broadway.)The brick infill, with large paired 12-over-12 sash windows over limestone sills,matches the tinted mortar and Scottish bond of Reidpath's attached Building No. 3,plans for which were filed in 1905. Water running from a roof leak at the base of the parapet,down a narrow channel of the south wall of Building 2,has caused an arch above a top-floor stairwell window to fail,leaving one roof joist(of ap- proximately 72)unsupported.The stairwell occupies half the depth of one structural bay;the other half is occupied by an elevator shaft.The 4th floor stairwell window has fallen out,and the brick spandrel be- tween that window and the window below has also failed,and the 3rd floor window is missing. The stairwell exterior wall does not evidently receive any floor joists. Almost immediately after the construction of the additions to Building 2,the company was cramped for space.It undertook new buildings and additions almost immediately. Several of these were built by con- tractor Charles Berrick and designed by the engineering firm of R.J.Reidpath&Son. For a major expansion campaign from 1906 to 1913,Reidpath,a firm that had made its mark at the Larkin factory one-half mile south of the Crosby site,was called in to design additions to Building 2, known as buildings No. 1 and No. 3.Plans for the buildings were filed in the summer of 1905. (The num- bering system developed was from north to south along Pratt Street,then counter-clockwise up the west side of Castor Alley,thence down the east side of the Alley.After that,buildings were numbered by date of construction or acquisition,so that the largest structure,completed in 1913 at Pratt and William streets, is No. 15, and the oldest building,the former Kleinschmit Malt House, is No. 14).In 1915,Building 1 was listed as 189 Pratt Street,Building 2 at 185-7 Pratt,Building 3 at 171-183 Pratt,Building 4 at /(1 ,r 163-169 Pratt,Building 5 (a small mid-block connector between buildings 4 and 6)and a small gas house at 161 Pratt,Building 6 at 155-159 Pratt(formerly of the E.N. Cook&Co. distillery and much altered), and Building 15 at 412 William St.The company then and now has a mailing address of 183 Pratt Street. Reidpath designed buildings 1 and 3 with reinforced concrete framing with exterior brick piers and walls. In 1909,Reidpath filed plans for alterations to the former E.N. Cook&Co. distillery's bonded whiskey warehouse.Automatic sprinklers were added,and the northern section of the building,which contained welding operations,was separated from the southern section by removing a bay and inserting a fire-proof connector building(No. 5).A story was added to both the northern and southern sections.Where there was one two-story building,there were now three three-story buildings.After all that,work could be un- dertaken on the imposing 4-story Building 15,which was completed by 1913. In 1912,plans were also filed for a two-story addition to Building 8,which is perpendicular to Building 3. Its fenestration,concealed steel lintels,and brick tone matches those of Building 15,and it is likely they were built at the same time.The upper stories of Building 8, are taller than the corresponding levels of Building 3.The alignment is reconciled by means of a small brick connector that contained an elevator. Building 15 is one of Reidpath's daylight factory masterpieces,and helps define a Buffalo style of heavy- industry architecture that retained the city's tradition industrial style of rustic limestone foundation and brickexterior walls,even with the new reinforced concrete framing. • Building 20 is rare in Buffalo in that it is almost entirely of structural terra cotta.Built in two phases in 1926 and 1928,it has distinctive step gables and sidewalls topped with glazed terra cotta camelback cop- ing and a half-length clerestory running from Castor Alley.The corrugated metal roof sheathing was re- moved in December 2015. Building 6 is the southern section of a former Thomas&W.W.Moore distillery building later used as the G.G. Curtiss malt house. Still later,it was used as the bonded warehouse of the E.N. Cook&Co.rum dis- tillery.The building formerly had four stories and a sloping roof,and was joined by a 6-story clerestoried central bay to a matching northern section. Firewalls separated the three sections.Cook&Company re- duced the height of the entire structure to two stories for its warehouse,only to have a third story added by the Crosby Company,evident from changes in mortaring.Through it all,the firewalls were main- tained,becoming the outer walls of Crosby buildings 4 and 6 where they were joined by the fireproof Building 5 in an H-configuration. A Sanborn Insurance Company map claims a construction date of 1904 for Building 7(and Building 3), but that is not confirmed by plan filings,and is contradicted by subsequent engineering maps.It seems likely it was built in 1914.Fronting on Castor Alley,it is a one-story brick building used to cool metal parts and has a very large clerestory with 8-over-eight sash windows running its length,attesting to the importance of the ventilating function. The industrial structures of the Crosby Company span a transition from traditional 19th-century brick-pier construction to the reinforced concrete framing of the daylight factory,which allowed for improved fire- proofing, abundant access to natural light in the interior,and fast and efficient construction—hallmarks of modernity at a time in which architects,particularly from Europe,were searching for a new aesthetic. The Crosby Company complex is a significant example of late 19th and early 20th century American fac- tory and warehouse construction,which Le Corbusier hailed as"the first fruits of the New Age." VI. Conclusion Per§ 337-15,Criteria for designation,of the Buffalo City Code,the Preservation Board determines that the Pratt Street Industrial Heritage District,a.k.a.the Crosby Complex,412 William Street,meets multi- ple criteria for designation as a Local Landmark district.It also is likely to yield significant new informa- tion and educational value through site and archival investigation. 1.The factory complex of the Crosby Company has significant interest and value in communicating the story of the industrial development of the City of Buffalo,New York State,and the nation. 3.The factory complex of the Crosby Company,one of the first and certainly among the most prominent sheet metal manufacturers in North America,exemplifies the economic heritage of the City of Buffalo, New York State,and the nation. 4.The Crosby Company complex is identified with William H. Crosby,an entrepreneur and philanthropist who significantly contributed to the development of the City of Buffalo,New York State,and the nation. It is also identified with Theodor Kleinschmit,one of Buffalo's first brewers and maltsters and an impor- tant figure in the city's German American history. 5.The Crosby Company complex embodies distinguishing characteristics of late 19th and early 20th cen- tury industrial architecture and engineering,with significant work by prominent firms Lansing&Beierl and R.J.Reidpath& Son,as well as the contractor Charles Berrick. 7. The Crosby Company complex embodies elements of design,detailing,materials,and craftsmanship that render it architecturally significant. 9.The unique location and singular physical characteristics of the Crosby Company factory complex make it an established or familiar visual feature of Buffalo's East Side. Sources "Another Step Taken in U.B.'s Development."Buffalo Courier-Express 29 Apr. 1932. "Crosby Hall."Buffalo Courier-Express 30 Apr. 1932. "Crosby Hall Is Dedicated By University."Buffalo Evening News 3 Oct. 1929: 1. "New Crosby `Boss'Refused Big League Baseball Offer."Buffalo Evening News 22 Jul. 1939. Rizzo,Michael F. and Ethan Cox.Buffalo Beer: The History of Brewing in the Nickel City.Charleston, SC:The History Press,2015. Rutherford,Roy."Crosby Head Praises Workers."Buffalo Evening News 8 Mar. 1947. "Serving industry since 1896."Vertical File: Manufacturers-Crosby Company.Buffalo History Museum Research Library. Smith,H.Katherine. "Philanthropist Gave City Gifts, Service."Buffalo Courier-Express 9 Oct. 1955: 55- 56. The History of the Germans in Buffalo and Erie County,Part II.Buffalo,NY:Reinecke&Zesch, 1897: 3. "There's a human interest story..."Vertical File: Manufacturers-Crosby Company. Buffalo History Mu- seum Research Library. "U.B.Building Being Dedicated Thursday."Buffalo Evening News 28 Apr. 1932. "U.B.Dedicates Crosby Hall,Honors Donor."Buffalo Times 28 Apr. 1932. "University to Dedicate New Building Today."Buffalo Courier-Express 28 Apr. 1932. "William H.Crosby."Buffalo Times 6 Oct. 1924. "William H.Crosby." The Crosby Press Vol. 1,No. 5.Mar. 1920.Vertical File: Manufacturers-Crosby Company.Buffalo History Museum Research Library. "Your day is full..."Vertical File:Manufacturers-Crosby Company.Buffalo History Museum Research Library. 1 Attachment A Crosby Company-2016 photographs ,iv„--: I �'.''''',,,i,..,;.,,,,,, - Nv� ,^I _ #y C� R t 1 Iw ,rtt f+l �+ +,fig , ` 'ft ,, $� '�.:'f j A I1 Il "•itrlt' ;ti}s5 1 -I F , iff 110 ,.: t't� #1 �> 1 5 I' a or 'Ilf.,-. . ''P' �� I � - � .>a...em». I �' ire r 'II I� 11 i rl i I rl I I t I "1 ? l I I AS °i + It, t �` rl I'I+ �'.II ;I 1 'E l I 1 �it' I w1 s G I L, �� • I t,l 1010� 1�,, �' �, �' '` ! _ ` SIN { ISI 0 :,..01;,;i4.11! f+ m, :1� „ II , Ill =Irl,: ' I. :I .c �� 1 . Z4-' 144 j + ,I;{t �}{ 1.. 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FROM THE OFFICE OF STRATEGIC PLANNING GI 0 03 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 11,2016 FROM: DEPARTMENT: Office of Strategic Planning SUBJECT: Authorizing the Mayor of the City of Buffalo, or a designated member of his staff, to execute and deliver an intergovernmental memorandum of understanding (Strategic Alliance Memorandum)with the United States Small Business Administration (SBA) for the purposes of promoting cooperation in providing assistance to the small business community in the City of Buffalo. The mission of the SBA is to aid, counsel, assist and protect the interests of small business by providing financial, contractual and business development assistance and advocating on their behalf within the government. SBA district offices deliver SBA programs and services to the public. The City of Buffalo seeks to implement strategies through the Mayor's Office of Strategic Planning to promote the economic vitality of the City of Buffalo through business investment as well as social and human capital development. The Mayor's Office of Strategic Planning works alongside local,state, and federal partners to create a thriving business community by making resources available to businesses within the City of Buffalo,NY. Each Party has separate services and resources which,when delivered.in coordination with each other, will provide maximum benefits to the small business communities served. The Strategic Alliance Memorandum (SAM),as presented in Exhibit A as attached hereto, will allow the City of Buffalo and the SBA to develop and foster mutual understanding and a working relationship. in order to strengthen and expand small business development in the City of Buffalo. The Office of Strategic Planning is requesting that Your Honorable Body: Authorize the Mayor of the City, or a designated member of his staff, to execute and deliver the SAM and any other related documents and authorize the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of cooperation and open communications, consistent with law, with the primary goal of meeting the needs of the small business community in the City of Buffalo. SIGNATURE: DVISION HEAD NAME: Rebecca L. Gandour TITLE: Director of Development, Mayor's Office of Strategic Planning Exhibit A 11, Strategic Alliance Memorandum with the United States Small Business Administration and the City of Buffalo I. PURPOSE The United States Small Business Administration (SBA) and the City of Buffalo (each a "Party" or, collectively the"Parties") are joined by a common mission; helping start,maintain, and expand small businesses. The Parties will work together in the spirit of cooperation and open communications, consistent with law,with the primary goal of meeting the needs of the small business community. The City of Buffalo, a Municipal Corporation, seeks to implement strategies through the Mayor's Office of Strategic Planning to promote theeconomic vitality of the City of Buffalo through business investment as well as social and human capital development.The Mayor's Office of Strategic Planning works alongside local, state, and federal partners to create a thriving business community by making resources available to businesses within the City of Buffalo, NY. The mission of the SBA is to aid, counsel, assist and protect the interests of small business by providing financial, contractual and business development assistance and advocating on their behalf within the government. SBA district offices deliver SBA programs and services to the public. Each Party has separate services and resources which,when delivered in coordination with each other,will provide maximum benefits to the small business communities served. The purpose of this Strategic Affiance Memorandum (SAM) is to develop and foster mutual understanding and a working relationship between the SBA and the City of Buffalo in order to strengthen and expand small business development in the local area. The Parties acknowledge that specific joint training and outreach activities contemplated under this SAM require further negotiations and a separate signed agreement developed pursuant to SBA's cosponsorship authority. Nothing in this SAM permits either the SBA or the City of Buffalo to use the respective logo or seal of the other unless the SBA or the City of Buffalo seeks and receives advance written approval from the other. The "U.S. Small Business Administration" name shall be used only in a factual manner, consistent with applicable law, and shall not promote or endorse any products or services of any entity including but not limited to the City of Buffalo. 1/4 GS In order to further their common goals, the Parties agree to the following: II. SCOPE AND RESPONSIBILITIES SBA Undertakings: Within the limits of its available and/or appropriated resources, the SBA through its Buffalo District Office will: • Provide the City of Buffalo with up-to-date information about SBA's programs and services. • Make available, upon request, information regarding SBA's resource partners, including but not limited to, the Small Business Development Centers (SBDCs), SCORE, Women's Business Centers (WBCs) and the Veteran Business Outreach Centers (VBOCs) (collectively, "SBA's Resource Partners"). • Make available,upon request and subject to their availability, SBA pamphlets,brochures, and other publications. • Advise the City of Buffalo of events that may impact its mission. • Provide speakers, consistent with SBA rules and policy, to participate in the City of Buffalo workshops, conferences, seminars and other activities-to discuss-SB-A—financing, government contracting and other business topics. • Invite the City of Buffalo's clients/members to attend local SBA-sponsored events and offer SBA-sponsored training at the City of Buffalo's location when appropriate. • Provide information to the City of Buffalo's staff on SBA programs and services • available to local small businesses: • Assign a local point of contact to serve as liaison between SBA and the City of Buffalo. City of Buffalo Undertakings: Within the limits of its available resources, the City of Buffalo will: • Cooperate with SBA's Resource Partners to provide information to its clients/members about business development services to small businesses when appropriate. • Keep abreast of and disseminate up-to-date information provided by SBA when appropriate. • Make available to its clients/members SBA pamphlets,brochures, and other publications. • Inform the City of Buffalo's small business clients/members of SBA's programs and services including referrals to SBA's Resource Partners when appropriate. • Upon request, provide speakers for SBA-sponsored events when appropriate and available. • Provide a text-only hyperlink from the City of Buffalo's website to SBA's website. • Assign a local point of contact to serve as liaison between the City of Buffalo and SBA. III. TERM Cooperation under this SAM will commence upon signing by both Parties and will continue for a period of two years from date of signature unless otherwise terminated by one or both Parties as per paragraph V below. 2/4 4-1 IV. AMENDMENT The Parties agree to consult each other on any amendment, modification or clarification to the provisions of this SAM. This SAM may only be amended or modified in writing and shall be consistent with applicable laws,regulations and SBA policy. V. TERMINATION Either Party may discontinue its participation under this SAM at any time, with or without cause,upon thirty (30) days written notice to the other Party. VI. RELATIONSHIP This SAM does not authorize the expenditure of any funds. Accordingly, this SAM shall not be interpreted as creating any binding legal obligations between the Parties nor shall it limit either Party from participating in similar activities or arrangements with other entities. Nothing contained herein shall be construed to create any association, partnership, joint venture or relation of principal or agent or employer and employee with respect to the City of Buffalo and SBA. VII. RESPONSIBLE OFFICIALS The responsible officials and points of contact for administrative matters pertaining to this SAM are: The City of Buffalo: U.S. Small Business Administrations Byron W. Brown Franklin J, Sciortino Mayor Buffalo District Director Buffalo City Hall .130 S. Elmwood Avenue,Suite 540 , 65 Niagara Square Buffalo,NY 14202 Buffalo,NY, 14202 716-551-4301 franldin.sciortino@sba.gov VIII. SIGNATURES The signatories below represent that they have the authority to make such commitments on behalf of their respective organization: Small Business Administration: Deputy Assistant Administrator Date Office of Communications and Public Lisaion Franklin J. Sciortino,District Director Date Buffalo,NY 3/4 City of Buffalo: Byron W.Brown, Mayor Date Brendan R. Mehaffy, Executive Director Date Mayor's Office of Strategic Planning • 4/4 Authorization to Enter Into an Intergovernmental Memorandum of Understanding with the United States Small Business Administration(Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Development, dated February 11, 2016,be received and filed; That the Common Council hereby authorizes the Mayor, or a designated member of his staff,to execute and deliver the Strategic Alliance Memorandum with the Small Business Administration for the purpose of promoting cooperation in providing assistance to the small business community in the City of Buffalo and any other related documents, and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of cooperation and open communications, consistent with law, with the primary goal of meeting the needs of the small business community in the City of Buffalo. PASSED AYES 9,NOES 0 • • • Vit✓ C:\Users\ltucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Intergovermental MOU-SBA.docx • • • • .* AYE * NO * • * * * FEROLET.O * FONTANA * * • * * * FRANCZYK * * * * * GOLOMBEK . * * * . * * * , PRIDGEN * * * * * * • RIVERA * * * • * * * • SCANLON * * . * * * • • WINGO • * • * . • * * * WYATT * * * • * * * [ ] . * * (3 * [MAJ- 5 ] * * * • [2/3 - 6] * * * [ 3/4 - 7] . • • • • #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 10, 2016 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Developer 124 Maryland (the "Property") Former Roberto Clemente Clinic Northwest Corner of Seventh Street Lot Size: 113 x 116.50 Assessed Value: Land: $ 18,000 Improvements: $316,400 Total: $334,400 Ellicott District The Office of Strategic Planning, Division of Real Estate received two (2) proposals for the purchase of 124 Maryland. The proposals were reviewed by the Land Use Planning Committee and determined that The Belle Center in collaboration with the Buffalo Municipal Housing Authority ("Developer") proved to be the best use for the property. The Developer currently runs the Belle Center, former Father Belle Center, located next to the subject property. They have requested to purchase the subject property in order to expand their services to the community. Their core programs provide day care, school age child care before and after school, 21st Century Community Learning Center, Evening Program for High School students and AmeriCorps National Service. They also provide special needs children with People Incorporated, English Language Learners Classes and Food Pantry Services. The former Roberto Clemente Center will be used as the home of Buffalo AmeriCorps and the future home of Youth Build and AmeriCorps *VISTA. The space will house AmeriCorps HQ including staff offices, training rooms and a bullpen for members who serve in Belle Center programs from day care to High School. The building will be a training site for all of our requested 85 Corps members, including our Citizen Corps serving with the City's 311 Call and Resolution Center and those serving in CBO's across the City of Buffalo. It will also provide space for their new grades 11-12 Learn to Earn program, a youth center with college and career counseling as a focus. The Learn to Earn program will provide stipends for youth, homework and academic help, enrichment in STEM (Science, Technology, Engineering and Math) and the arts along with a college going culture. The total project costs are estimated at$1,382,316.00 The Belle Center has indicated that the Buffalo Municipal Housing Authority will provide the utility costs, Cannon Design is providing the first few stages pro bono and a 50% discount for the master plan production. In addition to Community Development Block Grant, the Belle Center has fee for service, DSS workfare, United Way support and strong support from local foundations. U February 10, 2016 Page 2 Re: 124 Maryland — Designated Developer The Belle Center The Belle Center will be seeking funding from local and national investors including M & T Charitable Foundation, John R. Oishei, Margaret L. Wendt and Community Foundation for Greater Buffalo. The Office of Strategic Planning respectfully requests that Your Honorable Body designate The Belle Center and/or a corporation, partnership or other legal entity to be designated by The Belle Center as Developer and approved by the City of Buffalo, Office of Strategic Planning as Developer of the Property subject to but not limited to the following terms and conditions: a. The designation will expire eighteen (18) months from the date the Common Council approves the designation. b. Payment of a designation fee of Five Hundred Dollar ($500.00) per month by Developer to the City, payable within five (5) days from the date of Common Council Approval of the designation and due thereafter the first day of every month. c. In addition to the desgination fee the Developer will also be responsible for maintenance of the grounds in the form of snow& ice removal,grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.). d. In the event Developer shall exercise its option to acquire said property pursuant to the Contract of Sale said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquistion of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account, the City shall retain all such fees and the Developer shall have no furhter rights with respect to the Property. e. The successful negotiation of a Land Dispostion Agreement (LDA) for approval by the Common Council no later than eighteen (18) months from the date the Common Council approves the designation. f. Submission by the Developer of a detailed site plan of the project for the property at 124 Maryland for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimted total project costs, for review and approval by the City. g. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo G February 10, 2016 Page 3 Re: 124 Maryland — Designated Developer The Belle Center h. Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to Common Council approval. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation j. That the Developer, or an entity to be desginated by the Developer and approved by the City of Buffalo Office of Strategic Planning, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said documents to be in form and substance acceptable to the City in the City's sole discretion. k. That the contract of sale will require that the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo,Office of Strategic Planning, agrees to provide the City of Buffalo and any and all other effected utility companies with any easements, rights and access arrangements, that may be necessary, satisfactory to the City and the other effected utility companies in their sole discretion. I. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter. The purchase price of the Property shall be based upon a real estate appraisal to be obtained and paid for by the Developer ("Purchase Price"), which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. m. Upon signing of the contract for sale, there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit, in the amount of ten percent (10%) of the agreed upon Purchase Price n. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5th) of each month, beginning in the month following this designaiton. O February 10, 2016 Page 4 Re: 124 Maryland -Designated Developer The Belle Center o. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. p. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary q. Developer is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subjec to execution and compliance with an Access, Indemnificaiton and Insurance Agreement, by each and every Contractor hired by Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and/or the presence or absence of hazardous substances as such terms used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by- law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. r. That the Developer, or an entity to be desginated by the Developer and approved by the City of Buffalo Office of Strategic Planning, has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. s. That the Developer, or an entity to be desginated by the Developer and approved by the City of Buffalo Office of Strategic Planning, has agreed that all levels of the project will include the certified Minority and Women-Owned Business Enterprise participation. • I0 February 10, 2016 Page 5 Re: 124 Maryland — Designated Developer The Belle Center t. That the Developer, or an entity to be desginated by the Developer and approved by the City of Buffalo Office of Strategic Planning, has agreed to use its best efforts to pursue, a minority workforce goal of 25%, a woman workforce goal of 5%, a minority owned business enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction cost, to the extent that it is economically and technically feasible to do so. u. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Redeveloper two (2) weeks to cure. I am requesting that your Honorable Body approve the designation of The Belle Center in collaboration with the Buffalo Municipal Housing Authority with a mailing address of 104 Maryland Street, Buffalo, New York 14201 and/or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City of Buffalo, as Developer of the above referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the Property to the Developer for the development of the project on the Property; and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Christie R. Nelson Director of Real Estate Office of tra egic Planning • CRN:plg REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,. boa 0030 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 8, 2016 FROM : DEPARTMENT: Strategic Planning DIVISION: Planning SUBJECT: Request for Approval to Apply for Funding and to Enter into Agreements in Order to Prepare a Citywide Historic Preservation Plan. PRIOR COUNCIL REFERENCE: TEXT: (TYPE SINGLE SPACE BELOW) Buffalo has a rich and compelling historic legacy and its various buildings, sites, and neighborhoods pay tribute to this heritage. The preservation of historic buildings, sites, and neighborhoods is critical to telling Buffalo's story, plays a key role in enhancing the quality of life in neighborhoods, and is an integral aspect of Mayor Brown's place-based economic development strategy. The City, Preservation Board, and the various organizations involved with historic preservation, have done a good job over the years of recognizing the value of Buffalo's historic resources and have saved countless historic resources that have been at risk of being lost. However, the process and management of preservation activities in the city are often not well-coordinated or proactive. As the City's economy continues to get stronger, there will be increasingly more opportunities and threats for many of our historic resources, and the preparation of a historic preservation plan will allow the City and its partners to develop a collective and coordinated approach to preservation activities. Goals of the preservation plan include identifying, protecting, enhancing, and interpreting Buffalo's vast array of historic resources. Preservation stakeholders and citizens throughout the city will participate in the development of the plan, which will establish and prioritize a set of implementable action steps to meet Buffalo's preservation goals. The plan will build off two previous preservation planning initiatives that were drafted approximately 12 years ago. The New York State Office of Parks, Recreation, and Historic Preservation (NYSOPRHP) administers the federally-funded Certified Local Governments (CLG) grant program which provides funding for a variety of historic preservation-related projects including preservation planning initiatives. The CLG grant program is a reimbursement program, with payment made after the project is complete and approved. While matching contributions are not required, applicants are encouraged to contribute 40 percent of the project cost, either in cash or in-kind services. The Office of Strategic Planning estimates that the cost of a citywide historic preservation plan to be approximately $100,000, with $50,000 required for consultant services; $10,000 for other expenses including printing, website, and community outreach; and $40,000 for in-kind services provided by the Office of Strategic Planning. /63 The Office of Strategic Planning requests your Honorable Body's authorization for: 1. The application for funding to the NYSOPRHP for CLG funds in order to prepare a historic preservation plan; and 2. The provision of an in-kind match for the grant, through the Office of Strategic Planning, including project management and planning services; and 3. The Mayor or his designee to enter into an agreement with the NYSOPRHP for the purpose receiving CLG funds for the preparation of a historic preservation plan; and 4. The Mayor or his designee to enter into such contracts, agreements and/or other related appropriate arrangements to facilitate the completion of a historic preservation plan. DIVISION HEAD NAME: Nadine Marrero Director of Planning Office of Strategic Planning SIGNATURE OF DIVISION HEAD: /,'0."'y L. PASSED AND THE NARRATIVE MOVED TO THE PRESERVATION COMMITTE: Request for Approval to Apply for Funding and to Enter Into Agreements in Order to Prepare a • Citywide Historic Preservation Plan(Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Planning, dated February 8, 2016, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning to apply for funding to the New York State Office of Parks, Recreation and Historic Preservation for Certificated Local Governments grant funds in order to prepare a historic preservation plan; and that the Common Council hereby authorizes the provision of an in-kind match for the grant, through the Office of Strategic Planning, including project management and planning services; and that the Common Council hereby authorizes the Mayor or his designee to enter into an agreement with the New York State Office of Parks, Recreation and Historic Preservation for the purpose of receiving Certified Local Governments grant funds for the preparation of a historic preservation plan; and that the Common Council hereby authorizes the Mayor or his designee to enter into such contracts, agreements and/or other related appropriate arrangements to facilitate the completion of a historic preservation plan. PASSED • AYES 9,NOES 0 • fib, C:\UsersUmcins1 MppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\OX32QV W6\Enter Into Agreements-Citywide Historic Preservation Plan.docx • 1v • • • • • • * AYE * NO * * * * FEROLET.O * * *• * * * • FONTANA• * * * * * FRANCZYK * * * • GOLOMBEK * * * * * * PP]DGEN * * * * * • RIVERA * * • * * • SCANLON * * * * * ;* WINGO * • * * * WYATT * * * * [ J . * * * MAJ- 5 ] *C� [2/3 - 6] * * * J3/4 - 7•] • 1 • �p I d i' RESOLUTION("RESOLUTION")OF THE CITY OF BUFFALO PLANNING BOARD ("PLANNING BOARD")PURSUANT TO SEQRA(DEFINED BELOW)CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR THE NORTHLAND CORRIDOR REDEVELOPMENT AND WESTERN NEW YORK WORKFORCE TRAINING CENTER PROJECT PROJECT OVERVIEW Project Name: Northland Corridor Redevelopment and Western New York Workforce Training Center("Project") Location: 537 East Delavan Avenue; 631, 644,664, 683, 688, 690, 741, 767 and 777 Northland Avenue; 126 and 128 Dutton Avenue(collectively,the "Project Area") SEQRA Status: Type I XX Type II Unlisted Determination of Significance: Negative Declaration XX Positive Declaration Project Description: The Buffalo Urban Development Corporation("BUDC")has acquired and proposes to redevelop approximately thirty five(35+/-)acres with approximately seven hundred and forty thousand(740,000+/-)square feet("sf')of vacant industrial properties within the Project Area. The Project will consist of the stabilization,renovation, select demolition,remediation and redevelopment of the Project Area for the purpose of returning the vacant,underutilized properties to productive use,to assist with revitalizing the neighborhood surrounding the Project Area and to provide employment opportunities for nearby residents by creating a new manufacturing and employment hub on the City of Buffalo's East Side. The Project is a partnership among the BUDC,the City of Buffalo("City"),the New York State Urban Development Corporation d/b/a Empire State Development("ESD")and the New York Power Authority("NYPA"),and is being funded by ESD and NYPA. RESOLUTION WHEREAS,on December 7,2015,the BUDC submitted a letter of intent and pre-application materials, including Part 1 of an Environmental Assessment Form("EAF")with supporting documentation and a list of potentially interested and involved agencies("Interested/Involved Agencies")(collectively, a "Pre-Application Package")to the Planning Board,requesting that the Planning Board commence the coordinated environmental review process pursuant to Article 8 of the New York Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended("SEQRA Act") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York,being 6 N.Y.C.R.R. Part 617, et. seq.,as amended("SEQRA Regulations"), (SEQRA Regulations,together with the SEQRA Act,"SEQRA"), for the Project by declaring its intent to act as lead agency("Lead Agency"). WHEREAS,the Planning Board declared its intent to act as Lead Agency for the Project and distributed notices of same with supporting documentation to the Interested/Involved Agencies. WHEREAS,no Interested/Involved Agencies contested the Planning Board's intent to be Lead Agency, and consequently,the Planning Board was established as Lead Agency for the Project. 1 S 9 Doc#01-2920898.2 WHEREAS,on January 8,2016,the BUDC submitted an additional letter of intent and site plan review application with supporting documentation("Application Package")to the Planning Board,requesting that the Planning Board commence its City-wide site plan review process and subsequently issue site plan approval for phase I of the Project,which will involve substantial renovation and rehabilitation of the industrial complex at 683 Northland Avenue into a multi-tenant commercial/light industrial complex anchored by the Workforce Training Center,and the rehabilitation of associated surface parking lots located at 644, 664, 688 and 690 Northland Avenue. WHEREAS,on January 20,2016,the BUDC submitted the Northland Corridor Redevelopment and Western New York Workforce Training Center Environmental Analysis Report to the Planning Board, (Northland Corridor Redevelopment and Western New York Workforce Training Center Environmental Analysis Report,collectively with the Pre-Application Package,Application Package and comments from Interested and Involved agencies including comments from the New York State Department of Environmental Conservation("NYSDEC")and the Buffalo Sewer Authority("BSA"),"Project Application and Environmental Materials"). WHEREAS,pursuant to SEQRA,the Planning Board must satisfy the requirements contained in SEQRA prior to making a final determination about the environmental impacts associated with the Project. WHEREAS,the Planning Board has considered the Project Application and Environmental Materials and has considered the list of activities which are Type I Actions outlined in Section 617.4 of the SEQRA regulations,the list of activities that are Type II Actions outlined in Section 617.5 of the SEQRA regulations, and the criteria for determining significance outlined in Section 617.7 of the SEQRA regulations. NOW,THEREFORE,BE IT RESOLVED BY THE MEMBERS OF THE CITY OF BUFFALO PLANNING BOARD AS FOLLOWS: 1. Based upon the Planning Board's thorough review and examination of the Project Application and Environmental Materials,the Project,the Planning Board's knowledge of the Project Area and surrounding area and further investigations of the Project and its environmental impacts as the Planning Board has deemed appropriate,the Planning Board makes the following findings and determinations with respect to the Project: A. Although the Project largely involves actions that are Type II activities because they involve the rehabilitation or reconstruction of structures or facilities, in kind,on the same site and/or involves maintenance or repair involving no substantial changes in an existing structure or facility,the Project as a whole is a Type I action pursuant to SEQRA because it will include non-residential development that will result in a physical alteration of more than ten(10)acres of land and involves approximately seven hundred and forty thousand(740,000+/-) sf of gross floor area of vacant industrial space. B. The Planning Board is the Lead Agency for the coordinated environmental review of the Project,and performed such coordinated environmental review in accordance with the requirements of SEQRA. C. No potentially significant adverse impacts on the environment are noted in the Project Application and Environmental Materials and none are known to the Planning Board. D. The Project will not have a significant adverse impact upon the environment. The reasons supporting this determination are as follows: 2 Doc#01-2920898.2 - ) v7) i. Impact on Land and Geological Features. The Project entails the stabilization, renovation, select demolition, remediation and redevelopment of the Project Area for the purpose of returning vacant,underutilized properties to productive use. Construction activities associated with the Project will have a minimal impact on topography. Except for grading and excavation work associated with foundations for buildings and associated parking lots,the slope of the land will not be significantly altered by the Project and there will be no construction on steep slopes. Additionally,there are no unusual land forms (cliffs,dunes,minerals, fossils,caves)within the Project Area. Accordingly,the Project will not have a significant adverse impact on land or geological features within or around the Project Area. ii. Impact on Surface Water. There are no surface water bodies within or around the Project Area. There are no wetlands within or around the Project Area.The Project will not create any new water bodies or require the construction of new, or the expansion of,any wastewater treatment facilities. In order to avoid potential significant impacts related to land disturbance activities, a Storm Water Pollution Prevention Plan("SWPPP")will be prepared in accordance with NYSDEC and BSA requirements when required, and such controls and measures will be implemented throughout Project development in accordance with guidance provided by BSA in its comment letter.New construction will also involve improvements to runoff control measures through the use of"green infrastructure," such as rain gardens,bio-swales,and permeable pavement, and other related best management practices to decrease the level of surface water runoff from entering into the City's sewer system. Accordingly,the Project will not have a significant adverse impact to surface waters in or around the Project Area. iii. Impact on Groundwater.The Project will not result in any use of groundwater, nor is there any current use of groundwater within the Project Area. All water required for the Project will be supplied by municipal water lines, and existing capacity is more than sufficient to supply the demand. Additionally,the Project will not involve any wastewater discharges to groundwater. During demolition activities and Project Area improvement construction work,various surface water and sedimentation controls will be implemented to avoid any potential impacts associated with stormwater management during the demolition and construction phases of the Project. It is also noted that the BUDC is entering into an Order on Consent with the NYSDEC,which will require remediation of the 537 E. Delavan property, a major source of the groundwater contamination within the Project Area,Thus,the Project would result in the long term in improved groundwater conditions within the Project Area. Accordingly,the Project would not have a significant adverse impact to groundwater within or around the Project Area and,in fact,would result in improvements to groundwater quality. iv. Impact on Flooding. The Project will not result in development on lands subject to flooding, nor is the Project Area located within a 100 or 500-year floodplain. Additionally,the Project will not result in,or require,modification of existing drainage patterns. During demolition activities and Project Area construction work,various standard soil erosion and sedimentation controls will be implemented as required to control construction-related runoff. Accordingly,the Project will not have a significant adverse impact on flooding within or around the Project Area. v. Impact on Air. There will be no significant air emissions in connection with the Project nor will the Project require any state or federal air emission permits. Demolition and construction-related air quality impacts would be limited to temporary increases in fugitive dust,which will be reduced by Project design,and the construction contractor's work plans. No significant odors are anticipated during construction. Odors and dust would be monitored during construction activities,and corrective actions instituted if action levels are exceeded. Additionally, air emissions from mobile sources(particularly site-induced traffic)will also not result in any significant changes in anticipated concentrations of ground-level carbon monoxide; given that the Project will not result in any instances of 3 Doc#01-2920898.2 log peak-hour traffic congestion. Accordingly,the Project will not have a significant adverse impact upon air quality within or around the Project Area. vi. Impact on Plants and Animals. Due to the Project Area's urban nature,there is minimal vegetation and wildlife within the Project Area. Additionally,there are no known threatened, endangered, or other species of special concern,rare plant, animal or natural communities or other significant habitats present within the Project Area. Accordingly,the Project will not have a significant adverse impact on plants and animals or natural communities within or around the Project Area. vii. Impact on Agricultural Resources. The Project Area is not located in, or near, any agricultural land and/or resources.Accordingly,the Project will not have a significant adverse impact upon agricultural resources within or around the Project Area. viii. Impact on Aesthetic Resources. The Project Area and immediate surrounding properties are a mix of residential, industrial and commercial buildings. The Project will renovate or demolish existing underutilized, abandoned and/or collapsed industrial buildings which have been subject to a significant level of neglect. Any new construction will be designed for compatibility and will be subject to site plan review to ensure compatibility with the existing development and/or will be constructed pursuant to the new City of Buffalo Unified Development Ordinance("UDO"),also known as the"Buffalo Green Code", form based code provisions. Thus,the Project will improve neighborhood aesthetics, and will positively impact aesthetic resources within or around the Project Area. Accordingly, the Project will not have a significant adverse impact upon aesthetic resources within or around the Project Area. ix. Impact on Historic and Archaeological Resources. While there are no properties (i.e., buildings or archaeological sites)or historic districts within the Project Area that are listed on the State or National Registers of Historic Places("S/NRHP"), each of the five industrial complexes within the Project Area has been determined to be eligible for listing on the S/NRHP individually and as part of a potential historic district. However, several structures within the Project Area are so deteriorated that they cannot reasonably be secured and, in their current condition,pose a threat to health and safety and therefore will be demolished. This includes the Administration office and Annex building and the Main Plant of the former Houde Engineering complex at 537 E.Delavan Avenue;the collapsed sections of the 741 Northland complex; and the entire structure at 777 Northland Avenue. The remaining structures within the Project Area are considered structurally sound and will be stabilized and renovated for commercial and light industrial uses. In order to minimize impacts to historic resources,the BUDC has proposed that prior to demolition or renovation,recordation in accordance with requirements of a state- level Historic American Buildings Survey will be undertaken. From an archaeological perspective,while the Project Area is generally considered sensitive for archaeological resources,the vast majority of the Project Area is comprised of previously-disturbed soils and only a few small areas have been identified as potentially sensitive for archaeological resources. Prior to undertaking any ground disturbing construction in these areas,BUDC has proposed that Phase 1B archaeological reconnaissance surveys will be undertaken and impacts to any archaeological resources identified during those surveys will be avoided and/or addressed as appropriate prior to initiation of construction. Additionally, it is noted that the BUDC,the City,and ESD are collectively consulting with the State Historic Preservation Office of the NYS Office of Parks,Recreation,and Historic Preservation in accordance with Section 14.09 of the NYS Historic Preservation Act and it is anticipated that this consultation process will result in a letter of resolution amongst the agencies that would include stipulations to apply such measures(and/or others), as appropriate. Taking into account the deteriorated condition of the structures to be demolished,and the approaches that BUDC has proposed including restoration of many of the structures,the Project will not have a significant adverse impact on historic or archaeological resources within or around the Project Area. 4 Doc#01-2920898.2 x. Impact on Open Space and Recreation. The Project Area is not presently used by the community or the neighborhood as open space, or as a recreation area. Accordingly,the Project will not have a significant adverse impact on open space or recreation within or around the Project Area. xi. Impact on Critical Environment Areas. There are no state-designated Critical Environmental Areas in the Project Area. As a result,the Project will not have a significant adverse impact on any Critical Environmental Areas within or around the Project Area. xii. Impact on Transportation. The Project will result in a change to existing traffic patterns in and around the Project Area, and will generate new traffic. Thus, a detailed traffic impact study, supplemented with field data collection and observations of existing traffic patterns,was undertaken in an effort to provide suggested mitigation efforts to alleviate any adverse impacts. Rehabilitation of the existing surface parking lots at 644, 664, and 688/690 Northland Avenue will increase available parking to historic levels and will alleviate pressure from the Project upon local on- street parking. Additionally, during construction,workers will use existing public transportation or park on-site, and will not be allowed to use on-street parking. Overall,the Project will not have a significant adverse impact on the transportation network within or around the Project Area. xiii. Impact on Energy. Electricity service to the Project will be provided by National Grid, and existing capacity is more than sufficient to supply the demand. As a result of the use of modern LEED design,modern lighting equipment, and new efficient heating,ventilation and air conditioning systems,the new build out will require less electrical energy than prior uses. Based upon the overall reduced electrical demand for the Project,the existing 23 KV transformer/substation located north of the 683 Northland Avenue building, across Northland Avenue,which formerly serviced the property will no longer be needed. Additionally,other properties in the Project Area will be expected to experience similar decreases to electrical demand as compared to historical usage. Accordingly,the Project will not have significant adverse impacts upon energy. xiv. Impact on Noise, Odor and Light. Noise from a fully redeveloped Northland corridor will be typical for non-manufacturing commercial and light industrial facilities,and will be generally limited to noise generated by equipment and traffic which will be temporary in nature and dissipate following construction activities. Any increase in noise levels during the construction phase will be short-term activities that take place during daylight working hours,when noise sensitivity is lowest. Furthermore,construction phases would be relatively short, and will comply with the City of Buffalo Noise Ordinance regulations(City Charter Chapter 293-4). A fully redeveloped Northland corridor will not generate any significant odors. Any odor generation will be anticipated to be typical of non- manufacturing commercial and light industrial facilities. The Project will include the re-introduction of exterior lighting to existing parking areas and building exteriors within the Project Area,which are currently dark. While light levels will be greater than the current inactive lighting conditions,all proposed exterior lighting will be designed to blend with the existing artificial ambient lighting of the area (street lights and traffic lights)and to avoid any effects to adjoining residential properties. Accordingly, the Project will not have a significant adverse impact on noise, odor or light. xv. Impact on Human Health. The impacts to human health associated with the Project have been thoroughly evaluated. First,the Project will involve light industrial uses which may involve limited use,handling and/or storage hazardous materials. Potential impacts to human health from ( such activities are considered minor because of the comprehensive Federal, State and local regulatory programs applicable to businesses that handle, store and/or treat or transport hazardous materials and the significant penalties(including imprisonment)associated with non-compliance. Second,the Project will involve demolition and rehabilitation of existing structures. Such activities necessarily generate both 5 Doc#01-2920898.2 I solid waste(construction and demolition debris)and hazardous waste when hazardous materials used on the construction of such facilities(asbestos,for example)are removed and/or abated prior to demolition and/or renovation activities. Short-term increases in the generation of non-hazardous solid wastes that will occur during the decommissioning and construction activities on redeveloped properties in the Project Area will be reduced by proper handling,transportation, and disposal of waste at permitted off- site facilities. Construction and demolition debris will be minimized through the recycling and/or reuse of brick,block,concrete and scrap metal from the select demolition activities. Additionally,fencing will be used around construction areas, and where necessary,to delineate excavations and to prevent the entry to the site of unauthorized personnel. Appropriate signs will be posted to inform those entering the Project Area and near construction sites of the potential construction hazards and appropriate actions will be taken while on site. The Project will minimize risk to construction personnel by fully complying with applicable Occupational, Safety and Health Administration and New York State Labor Law requirements. Third,the Project will involve the redevelopment of properties at 537 E.Delavan and 777 Northland that have become contaminated from historic industrial activities and that require environmental site remediation. Plans and specifications will be developed for the removal and disposal of asbestos and hazardous materials, industrial cleaning of the buildings, underground and above ground storage tank removal, contaminated soil removal and for select demolition work. 537 E. Delavan is a State Superfund Site(i.e.,on State Registry of Inactive Hazardous.Sites)and the BUDC is voluntarily entering into an Order on Consent with NYSDEC to implement a remedy at that site. 777 Northland will also be remediated to address on site contamination. Overall,the Project will have potential temporary and minor impacts associated with public health within or around the Project Area. However, such impacts will be appropriately addressed through best practices and concurrence with existing laws and regulations as described above. Accordingly,the Project will not have a significant adverse impact on public health within or around the Project Area and due to significant remediation/abatement of existing contamination, the Project is anticipated to result in improvements to public health. xvi. Impact on Growth and Character of the Community. The Project is consistent with current land use and zoning regulations, as well as the proposed UDO that is currently under development. Under both the current zoning code and the UDO,the Project Area will support commercial and light industrial use. Additionally,the Project will also be consistent with the existing community characteristics as a mixed use industrial/commercial and residential neighborhood. Furthermore,most of the properties neighboring the Project Area are predominately industrial/commercial properties with some residential properties north of Northland Avenue. While it has been noted by NYSDEC in its comment letter that the Project Area is located in a potential Environmental Justice area,none of the Project permits are anticipated to trigger NYSDEC EJ formal outreach policies and the BUDC has engaged and will continue to engage in extensive community outreach about the Project. Accordingly,the Project will be consistent with community plans,will not have an significant adverse impact to the character of the community, and in fact,due to significant redevelopment,the Project is anticipated to result in improvements to overall community character within or around the Project Area. 2. Taking into consideration all of the above,the Planning Board has determined that the Project will not have a significant adverse impact upon the environment and a negative declaration("Negative Declaration")pursuant to SEQRA is hereby issued. This Resolution has been prepared in accordance with article 8 of the Environmental Conservation Law, was adopted by a majority vote of the Planning Board on February 8, 2016,shall serve as the Negative Declaration(as defined in 6 N.Y.C.R.R. 617.2(y))for the Project and is issued by the Planning Board, acting as Lead Agency, in a coordinated environmental review pursuant to SEQRA. 6 Doc#01-2920898.2 ..1 Copies of this resolution shall be filed with the following: (1) The Mayor of the City of Buffalo; (2) The City of Buffalo Planning Board; (3) The Interested and Involved Agencies(Office of the Mayor,Hon. Byron W.Brown,City of Buffalo Common Council, City of Buffalo Office of Strategic Planning,City of Buffalo Zoning Board of Appeals, City of Buffalo Department of Permit and Inspection Services, City of Buffalo Sewer Authority, City of Buffalo Water Department/Buffalo Water Board,Buffalo Urban Renewal Agency,Erie County Department of Environment and Planning,Erie County Industrial Development Agency,New York State Urban Development Corp. d/b/a/Empire State Development Corporation,New York State Power Authority,New York State Department of Environmental Conservation,New York State Office of Parks Recreation and Historic Preservation,New York State Energy Research and Development Authority); and (4) The Buffalo Urban Development Corporation. In addition,a notice of this Negative Declaration shall be filed in the Environmental Notice Bulletin (`BNB"). For further Information Contact: City of Buffalo Planning Board do Nadine Marrero Director of Planning 901 City Hall Buffalo,New York 14202 (716)-851-5029 EFERRED TO THE COMMITTEE ON LEGISLATION. 7 Doc#01-2920898.2 I � FROM THE COMPTROLLER Feb 16,2016 113 s� 0 0 Certificate of Necessity Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20-12 of the Charter, that it is necessary that the sum of $121,000 be transferred and reappropriated as set forth below: From: 30000106-445100 Capital Projects Planning $ 121,000 To: 30091806-445500 North Buffalo Ice Rink- Design $ 121,000 i")• 5245-1 I:YRON W. BROWN MAYOR RECEWED AND FILED MARK 717 SCHROEDER COMPTROLLER U 0307 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: February 12,2016 FROM: The Department of Audit&Control SUBJECT: Audit of Fire Department Payroll Procedures Attached please find the audit report on Fire Department Payroll Procedures. The response from Fire Commissioner Garnell Whitfield is also attached, as well as City Auditor Kevin Kaufman's reply to the Commissioner. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: Ocinte,06/7 REFERRED T THE COMMITTEE ON FINANCE. 61) 1� i + S CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL AUDIT REPORT PAYROLL PROCEDURES FOLLOW UP FIRE DEPARTMENT MARK J. F. SCHROEDER COMPTROLLER * I -_,,:,..,. , -_-_..... * fr4filk * * ANNE FORTI - SCIARRINO , CPA FIRST DEPUTY COMPTROLLER KEVIN J . KAUFMAN , CPA CITY AUDITOR JANUARY 2016 Preface In accordance with the goals set forth in the Annual Audit Plan, we conducted a follow up to the Audit Report on Payroll Procedures of Timekeepers, issued in July 2015. The Audit Report documented significant deficiencies related to payroll processing at the Fire Department, therefore a follow up audit was performed. The audit was conducted in conformance with the International Standards for the Professional Practice of Internal Auditing issued by the Institute of Internal Auditors. The Buffalo Fire Department provides fire protection and first responder emergency medical services to the City of Buffalo. The department serves a population of approximately 260,000 people in a geographic area of approximately 41 square miles. Emergency response within the Buffalo Fire Department includes 19 fire stations, a rescue boat and emergency medical services. There are 842 emergency response employees who are all members of the local 282 Firefighters Union. The term emergency responders will be used to describe these employees throughout the audit report. The Buffalo Fire Department also has civilian personnel at the following locations including Dispatch, System Support, Fire Headquarters, Fire Alarm Office, Fire Prevention, Fire Training, Fire Repair Shop and Fire Investigation. There are 38 civilian employees who are members of the local 650 and 264 unions. For purposes of the audit report,the term Civilian will be used to describe these employees. Audit Objectives The objectives of the audit are to determine if the Fire Department implemented recommendations cited in the audit of Payroll Procedures of Timekeepers,to document the Fire Department payroll process (exhibit A) and to test the accuracy and validity of payroll transactions for Fire Department employees. To achieve these objectives,the Department of Audit and Control (DAC)performed tests to determine if the following recommendations were implemented: • Recording actual hours worked • Documenting supervisor approval • Not using signature stamps to document approval Based on the audit testing, none of these recommendations were implemented. The Auditors tested a sample of payroll documentation for the two pay periods ending 8/16/15 and 8/30/15. The scope of the audit was expanded as needed to draw conclusions from findings noted within the sample period. 1 H Audit Findings Findings—Overtime (OT) Civilian OT Greater than Emergency Responders OT DAC analyzed payroll data for the current and previous four fiscal years and the following was noted: Average Overtime Hours per Employee 400 350 E 300 250 O 200 \ \ \ • 150 \ \ IN Civilian • 100 Emergency Responders 50 0 FY2012 FY2013 FY2014 FY2015 FY2016 YTD(July- Dec 2015) Fiscal Year(July 1-June 30) We would expect that Civilian members of the Fire Department would incur less OT than emergency responders on a per employee basis. Civilian manpower needs are relatively consistent and predictable. Therefore, with proper scheduling and staffing levels,the amount of OT should be minimal and significantly less than that of emergency responders. On average, for the last 5 years Civilian employees worked approximately 8 weeks (320 hours) of overtime per year and emergency responders average 6 weeks (240 hours) of overtime per year. Findings-Fire Headquarters Fire Headquarters OT Not Approved Fire Headquarters OT documentation does not include approval of the OT prior to it being worked. It is not possible to determine if employees were authorized to work OT. OT must be approved prior to being worked per the 650 union agreement section 3.2 item(J) "No overtime payments shall be made unless the overtime work has been specifically authorized by the department head or his designated representative". 2 ) e A signature stamp of the Deputy Commissioner or Commissioner was noted on OT Request Forms examined. It is unknown who possesses the signature stamp, therefore it cannot be determined if the OT requests were reviewed and approved. Per City Charter chapter 16-5 (B), "Each payroll shall be certified as correct by a person having knowledge of the facts". Inadequate Documentation of Fire Headquarters OT Fire Headquarters OT is not documented using the standard OT request form that is used by every other Fire Dept. location. Fire Headquarters OT is documented on a handwritten list of dates and number of OT hours worked per day within the two week pay period. There is no indication of when the work was performed, what work was done or why the OT was necessary. PTO used and OT Earned on Same Day It was noted that in 9 instances, 3 Fire Headquarters employees earned OT on days which they also used sick and vacation time between 7/20/15 and 9/13/15. In those 9 instances there was a total of 12 regular hours worked, 26 hours of OT earned and 60 hours of PTO used. Fire Headquarters -Lower titled employee paid Acting Time rate when employee uses PTO Per the 650 Union Agreement section 3.2 Hours of Work item(K) "Any employee temporarily transferred or assigned to the duties of a higher position for more than one (1) day shall be paid for all such days worked either his current rate of pay or the increment level of the higher position corresponding to his own,whichever is greater. The Common Council shall receive notification of said out-of-title payment at the same time as the Division of Audit and Control" An employee assigned duties of a higher position for one day should not be paid acting time. Only after one day and the proper notification is made, should an employee be paid acting time rate. During the 8 week period examined, it was noted that each day the Senior Administrative Assistant used PTO,the Senior Account Clerk Typist and the Senior Clerk were paid acting time. The Senior Account Clerk Typist was paid for 102.5 hours of acting time and the Senior Clerk was paid for 171 hours of acting time. The Senior Administrative Assistant used 76 hours of PTO during this time. On 4 of the days the Senior Administrative Assistant used PTO, she worked from home and earned 16 OT hours while the others earned acting time in her role. Working from Home It was represented to the Auditors that Fire Headquarters employees work from home at times. There is no documentation approving this practice. 3 Findings -Payroll Process and Documentation No Documentation of Hours Worked The Fire Department does not document hours worked, neither the number of hours, nor the arrival and departure times on their timesheets. Their timesheets note only that the employee was present on that day. It is not possible to determine hours worked from these records,therefore it cannot be determined if employees were paid the proper amount. Timesheets and OT Requests not approved by a person having knowledge of the facts The Fire Department requires three approval signatures for all OT request slips and two approval signatures for all timesheets. Per review of 373 Fire Dept. OT request slips and 148 timesheets within the audit sample period, the following was noted: a. 372 of 373 OT request slips examined and 11 of 148 timesheets examined contained a signature stamp from management. A signature stamp is not considered approval as it is unknown who possesses the signature stamp. b. 0 of 373 OT request slips had three handwritten approval signatures. c. 31 of 148 (21%)timesheets examined did not have two handwritten approval signatures. Per City Charter Chapter 16-5 item B "Time sheet- Each payroll shall be supported by a written time sheet prepared on forms approved by the Comptroller and certified as correct by a person having knowledge of the facts." With the use of a signature stamp it is unknown if a person having knowledge of the facts actually reviewed and approved the timesheets and OT request slips as it cannot be determined who is using the stamp. OT Paid in excess of OT Request Slips In 3 instances,the amount of OT paid did not agree to OT request slips. In these three instances, the amount of OT paid exceeded the amount recorded on the OT request slip for a total of 7 hours. Employees with Negative Accrual Banks There were six Fire Dept. employees that have used a total of 88.5 hours of PTO in excess of what they are entitled to as of 8/30/15. Vacation recorded on Timesheets Not in Agreement with MUNIS records On 2 of 148 timesheets examined,vacation time recorded on the timesheet did not agree to the amount of vacation time recorded in MUNIS. The two instances totaled 1.5 days. The employee vacation banks were not reduced by the amount of vacation used. 4 41, P Audit Recommendations Reduce OT to Civilian employees. If civilian duties cannot be completed within the regularly scheduled shift,then staffing levels and scheduling should be adjusted accordingly. Civilian manpower needs are relatively consistent and predictable,therefore, with proper scheduling and staffing levels,the amount of OT should be minimal and significantly less than that of emergency responders. Fire Headquarters OT must be Approved OT at Fire Headquarters is not adequately documented. Supervisory review and approval must be noted on OT Requests. A signature stamp cannot be used as approval as it does not determine if the OT requests were reviewed and approved by"a person having knowledge of the facts." In accordance with the 650 Union agreement, management approval of OT should take place prior to the OT being worked. The OT documentation should note the number of hours approved,the OT hours worked, and the work completed during the OT. Eliminate the Practice of Paying Acting Time at Fire Headquarters Employees at Fire Headquarters should not be paid acting time each day another employee uses PTO. Acting time should be paid in accordance with the 650 Union Agreement. Management should determine if employees at lower titles are actually performing duties that are not included in their current titles while higher titled employees are absent. If it is determined that acting time is needed, management should not approve overtime for the absent employee if someone is earning acting time to perform the absent employee's duties. Standardize Payroll Forms and Develop Written Instructions on Proper Use Until such time as the City implements a new time and attendance system,the Fire Department payroll forms should be standardized (timesheets, PTO and OT request forms) and written instructions on their proper use should be published. These instructions will make it clear that timesheets must have sign in/sign out times, must have employee signatures,must have supervisor approval, and that supervisor signature stamps are not acceptable. Evaluate the Practice of Taking a Full/Partial Day of PTO Combined with OT on the Same Day This is not a best practice as employees are in effect paid time and a half for time off when using PTO. Management should avoid this practice whenever possible. Employees Working from Home Arrangements allowing employees to work from home should only be granted as deemed necessary by management. If necessary,the arrangement should be documented and approved by management and employees. 5 Automate Time Entry System The City should invest in an automated time and attendance system. The current system of paper time sheets is antiquated, inaccurate and inefficient. An automated system should include a hand scanner or other device which recognizes the biometric identity of an individual. This would increase internal controls by eliminating the opportunity to falsify arrival and departure times. • 6 Exhibit A Description of the of Fire Department Payroll Process The payroll process varies slightly between the Fire Department locations due to the difference in Emergency Responders and Civilian operations. Employees do not sign in at the start of a shift. One employee is responsible for recording the timesheets at each location. Each location has one timesheet that includes all employees for that respective location. The responsible employee marks down if employees are present or absent. These timesheets are then signed and approved by the company officer or immediate supervisor at the location. A second review and approval is then completed by the Battalion Chief or Supervisor. All timesheets and OT slips are hand delivered to Fire Headquarters by the Battalion Chief or responsible individual. The Senior Account Clerk Typist and Senior Administrative Assistant at Fire Headquarters receive all timesheets and OT slips. Emergency Responders and Civilian Dispatchers operate on a platoon schedule. Platoons are four days on and four days off. The platoons work two 9-hour day shifts from 8 a.m. to 5 p.m. and then two 15-hour night shifts from 5 p.m. to 8 a.m. Days on and off rotate throughout the year based on the platoon schedule. Platoon timesheets are delivered to Fire Headquarters every two days. All other timesheets are delivered to Fire Headquarters every Friday. The Senior Administrative Assistant and Senior Account Clerk Typist enter platoon timesheets and OT slips into Timekeeper software (TKS) every two days. Every 14 days the Senior Account Clerk Typist and Senior Administrative Assistant closeout the payroll. The closeout takes place Tuesday,prior to paychecks being issued on Friday. The close out consists of running the TKS error report which finds errors in the payroll entered into the TKS program that are not in agreement with the Fire Department pay structure and regulations per the respective union contracts. The Senior Account Clerk Typist and Senior Administrative Assistant then correct errors identified in the report. The Senior Administrative Assistant then notifies DAC payroll personnel that the payroll is ready. If there are supplemental payments for the pay period,the Fire Department notifies Audit payroll personnel of that as well. OT Emergency Responder(Firefighter) OT is driven by manpower requirements necessary to operate the Fire Department on a daily basis. 122 Firefighters are required to be working to adequately staff all locations. In addition, each fire house requires a certain amount of manpower based on the vehicles (engines and ladders) at the respective locations. Twice per . day, a manpower report documenting the daily schedule is run and sent to the Budget Department. There is no such manpower requirement for Civilian employees of the Fire Department,with the exception of Dispatch, which requires 3 dispatchers working at all times. 7 4 j"i�Q2. CITY OF BUFFALO BUFFALO FIRE DEPARTMENT BYRON W.BROWN GARNELL W.WHITFIELD,JR. MAYOR COMMISSIONER February 11,2016 Dear Kevin Kaufman, Attached please find a response to your January 2016 Payroll Audit. There were a number of findings in which details were not provided. Due to this lack of information,there is no response on these findings. I appreciate your offer of assistance with payroll input;at this time I have sufficient personnel enlisted to ensure accuracy and timeliness. If your suggested meeting for tomorrow is to provide additional information to support your findings,I will be glad to meet with you along with my fiscal committee Commissioners Estrich and Helfer. Sincerely, Garnet!W.W itfield Jr. • Commissioner of Fire • 195 COURT STREET/BUFFALO,NY 14202-2692/(716)851-5333/FAX:(716)851-4364/www.city-buffalo.com j Cr. o- 3 CITY OF BUFFALO BUFFALO FIRE DEPARTMENT Cs tat v BYRON W.BROWN GARNELL W.WHITFIELD,JR. MAYOR COMMISSIONER • • • • Buffalo Fire Department Upon review of the Comptrollers Review of Payroll Procedures—January 2016,the following is my preliminary response.Where applicable,all enforcement set forth is based on collective bargaining agreements. Findings • Civilian OT Greater than Emergency Responders OT: • Documentation that backs up this statement has been requested and'at this time,has not been provided to the department. No documentation of Hours worked: ' ' • Updated timekeeping and overtime forms are being implemented,where civilian employees sign in and out on a daily basis. Overtime and/or Acting Time will be authorized on a daily basis by the department head or his/her designee and reason for overtime/acting time.All requests for overtime/acting time shall be submitted on a standard overtime form (F-66),currently accepted by Payroll Audit. ' • All payroll certifications shall be submitted with original signature of direct supervisor. • Currently,Local 282 employees are marked present by their supervisor for their assigned shift which verifies that they have worked their assigned scheduled shift. If that employee Is not present or has not worked the entire shift,it is notated on the timesheet by the supervisor. • Pending review of Local 282 Contract we agree that all employees should sign in and out. PTO used and OT earned on the same day: • Documentation that backs up this statement has been requested and at this time,has not been provided to the department. • Use of OT on PTO day will only be used in the case of emergency with prior written approval.. Lower titled employee paid Acting Time rate when employee uses PTO: • Documentation thatbacks up this statement has been requested and at this time,has not been provided to the department. Buffalo Fire Audit Response Feb 2016 195 COURT STREET/BUFFALO,NY 14202-2692/(716)851-5333/FAX:(716)851-4364/www.city-buffalo-com • Acting time will be treated as overtime and be pre-approved by the Commissioner and his/her designee with the agreed upon responsibilities being defined.Acting time will be paid in accordance to the collective bargaining union of the employee. Working from Home: • • Employees will not be approved to work from home.If deemed necessary,rationale will be sufficiently documented by supervisor and Commissioner. Timesheets and OT requests not approved by a person having knowledge of the facts: • All payroll certifications shall be submitted with original signatures within chain of authority. OT paid in excess of OT Request Slips: • Documentation that backs up this statement has been requested and at this time,has not been provided to the department. • • If it is verified that OT was incorrectly paid,the employee will be responsible for reimbursement. Employees with Negative Accrual Banks: • Documentation that backs up this statement has been requested and at this time,has not been provided to the department. • If it is verified that employees were not charged correctly,the employee's accrual bank will be adjusted and the employee will be responsible for any necessary reimbursement. Vacation recorded on Timesheets not in agreement with MUNIS records: • Documentation that backs up this statement has been requested and at this time,has not been provided to the department. • If It is verified that employees were not charged correctly,the employee's vacation accrual bank will be adjusted and the employee will be responsible for any necessary reimbursement. • Buffalo Fire Audit Response Feb 2016 I i 1x69 _6-E_ = CITY OF BUFFALO ANNE FORTI-SCIARRINO,CPA - _ 'Q= DEPARTMENT OF FIRST DEPUTY COMPTROLLER of "` Q= AUDIT AND CONTROL �_ GREGG SZYMANSKI,CPA `'� k< DEPUTY COMPTROLLER -'sr_' J- INVESTMENT&DEBT MANAGEMENT L � 1225 CITY HALL 7=rY_0�= WILLIAM FERGUSON,CPA BUFFALO,NEW YORK 14202 DEPUTY COMPTROLLER 716-851-5255 CITY ACCOUNTANT MARK J.F.SCHROEDER KEVIN KAUFMAN,CPA DEPUTY COMPTROLLER COMPTROLLER CITY AUDITOR February 12, 2016 Garnell W. Whitfield Jr. Commissioner of Fire 195 Court St. Buffalo,NY 14220 Dear Commissioner Whitfield: We have received your letter, which responded to the Audit of Fire Department Payroll Procedures, as well as informed me that you no longer would like the Audit Division's assistance in processing Fire Department payroll and implementing the audit recommendations. The offer still stands if you find our assistance would be beneficial. Your response repeatedly included the statement, "Documentation has been requested and at this time, has not been provided to the department. " We have received no such request,but we are happy to allow you and your fiscal committee, Parking Commissioner Kevin Helfer and Finance Commissioner Donna Estrich,to review the audit work papers in our office, City Hall Room 1230. Sincerely, IL/4',-r---t-''-'''''_,----------- Kevin J. Kaufman City Auditor cc: Hon. Byron Brown Corporation Counsel Timothy Ball Parking Commissioner Kevin Helfer Finance Commissioner Donna Estrich • € 0 3 0 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: February 11,2016 FROM: The Department of Audit&Control SUBJECT: Letters to Management from Independent Auditors Attached please find the letter to management from independent auditors Dresher&Malecki resulting from their audit of the basic financial statements of the City. Although this document is dated November 16,2015,which was last day of the auditors' fieldwork,the final document was not issued until February 9,2016. This document includes suggested improvements to our financial transaction processes, as well as planned corrective actions. Please contact me if you have any questions or concerns. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: "3-F. v REFERRED10 THE COIVROTTEE ON FNAINCE. { i i 9-Z Drescher& Malecki LLP 3083 William Street, Suite 5 Cheektowaga, New York 14227 � �� Telephone: 716.565.2299 trin MaIeckt Fax: 716.565.2201 Certified Public Accountants November 16,2015 To the Honorable Comptroller of the City of Buffalo,New York: In planning and performing our audit of the basic financial statements of the City of Buffalo,New York(the"City") as of and for the year ended June 30, 2015, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States,we considered the City's internal control over financial reporting("internal control")as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control.Accordingly,we do not express an opinion on the effectiveness of the City's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent, or detect and correct misstatements on a timely basis.A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However,material weaknesses may exist that have not been identified. Our audit was also not designed to identify deficiencies in internal control that might be significant deficiencies.A significant deficiency is a deficiency,or a combination of deficiencies, in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. We communicated a significant deficiency identified during our audit in a separate communication dated November 16, 2015. Additionally,during our audit we identified certain matters involving the internal control and other operational matters that are presented for your consideration. This letter does not affect our report dated November 16, 2015 on the financial statements of the City. Our comments and recommendations, all of which have been discussed with the appropriate members of management,are intended to improve the internal control or result in other operating efficiencies. Our comments are summarized in Exhibit I. - 1 - I • We also summarized new reporting requirements in Appendix A. These should be evaluated to determine the extent the City will be impacted in the future years. The purpose of this communication,which is an integral part of our audit, is to describe for management and those charged with governance the scope of our testing of internal control and the results of that testing.Accordingly,this communication is not intended to be and should not be used for any other purpose. k E November 16,2015 -2- EXHIBIT I Debarred Vendors While performing procedures surrounding the purchasing cycle,we noted an instance for which payment was made to a vendor that was debarred by New York State. The City should not contract with vendors that have been disbarred by the State or Federal government. We recommend that the City review its purchasing policies to ensure that proper controls are in place to mitigate the risk of making purchases from debarred vendors. This should include a regular review of the City's vendors compared to the State and Federal vendor listings. View of Responsible Officials and Planned Corrective Action Plan—For expenditures related to federal and state grants, City management intends to formalize a memorandum to department heads outlining procedures to verify that all vendors contracted with are not listed as a debarred vendor. Timesheet Approvals While performing payroll control testing,we noted several timesheets that had not been properly approved by a department head. Lack of evidence for proper review and approval creates the potential of the City paying its employees for work that was not performed. We recommend that the City review its payroll procedures surrounding departmental approvals over timesheets and enforce these procedures as necessary. View of Responsible Officials and Planned Corrective Action Plan—City management has sent a memorandum to the appropriate department outlining their responsibility to approve timesheets. Purchase Orders As noted in prior years, some items have purchase orders that are dated subsequent to the dates of the invoices they relate to. Purchase orders should be reviewed and approved by the Purchase or Audit Divisions prior to initiating the purchase from the vendor/service provider. Goods and services should not be ordered until a purchase requisition is created to ensure that the form is received,reviewed and approved by the Purchase or Audit Departments prior to initiating the purchase from the vendor/service provider. We recommend that the City adhere to its policy and ensure that there is approval of a purchase order before the actual purchase is made. View of Responsible Officials and Planned Corrective Action Plan—The Department of Audit and Control intends to redistribute a memorandum to all department heads reminding them of the current purchasing policies which require a purchase order before the purchase is made for non- emergency expenditures. Segregation of Duties While performing revenue control testing within the City Clerk's Office, it was noted that there is a lack of segregation of duties surrounding cash collections.Employees within the Clerk's office do not use separate cash drawers. Additionally, all employees in the office use the same MUNIS user account to process payments. As such,it is difficult to decipher which employee has collected and recorded the payment and cash being received. -3 - I ) EXHIBIT I We recommend that the City use multiple cash drawers and unique MUNIS account access to process payments. Employees should not share a cash drawer;rather, each employee responsible for processing payments should be assigned a cash drawer in order to eliminate the opportunity for fraud. Alternatively,the City could consider the elimination of the receipt of cash in the City Clerk's Office and centralize this process in the Division of Treasury. View of Responsible Officials and Planned Corrective Action Plan—The City is in the process of reviewing all cash collections City-wide,with the goal of moving cash collections to the Treasury Department. Terminated Employee Notification As noted in prior years,the City does not have a formal policy or process in place regarding the steps necessary to process an employee's termination. There is a risk that terminated employees might retain access to the City's facilities as well the City's computer network and applications. We recommend that the City's Human Resources Department devise, implement and enforce policies and procedures whereby immediately upon an employee's termination,the appropriate departments (e.g.,Building Facilities and MIS)are notified and take appropriate steps to ensure access to the City's facilities as well the City's computer network and applications are accordingly restricted. View of Responsible Officials and Planned Corrective Action Plan—The Department of Audit and Control intends to formalize a memo to the Human Resources Department recommending that they create procedures to ensure all appropriate departments are made aware of terminated employees. Capital Asset Policy As noted in prior years,the City does not currently have a complete and formalized capital asset policy.There are no written procedures to ensure that disposals of capital assets are reported to the accounting department as they occur.Additionally,with the exception of vehicle purchases, there are no guidelines which require City departments to notify the accounting department when a capital asset is acquired. It is currently the responsibility of the accounting department to perform a search of expenditures made throughout the year in order to identify those that qualify as a capital asset.Lastly,we noted that there has not been a physical inventory of capital assets performed in several years. We recommend that the City create and adopt a complete, formal policy relating to capital assets covering topics such as the disposal of capital assets to ensure the reporting of capital asset disposals is accurate and appropriately approved. Similarly, departments should inform the accounting department in a timely manner when new assets are acquired.A standardized form could be developed to provide adequate accounting documentation and to provide evidence of adherence to the City's policy. We also recommend that the City add guidelines for items to capitalize and items to expense as repairs and maintenance to their Capital Asset Guide. Lastly, we recommend that the City perform a physical inventory of their capital assets. View of Responsible Officials and Planned Corrective Action Plan—The Department of Audit and Control intends to review and appropriately revise its current Capital Asset Guide. -4- EXHIBIT I Construction in Progress Tracking As noted in prior years,while performing testing of construction in progress,we noted that each year the City records deletions from construction in progress that equal the total ending balances of the prior year. However,this accounting treatment could be misleading as some projects may remain in progress for more than one year and should not be shown as a deletion from construction in progress. This often occurs because the City records the retained percent on contracts as construction in progress, even if portions of the contract have been completed and capitalized.As a result,portions of individual capital projects are being capitalized in different years,rather than as a whole when it completed. We recommend that the City develop and formalize procedures surrounding construction in progress to better track the cost of the projects.This would include developing a reasonable basis for tracking the activity of each project on a yearly basis.All additions to projects during a year should be accounted for, and the total cost of the project should be removed from construction in progress and capitalized upon its completion. In addition,the City should consider the use of the capital asset module in their accounting software package for an efficient way of tracking the construction in progress. View of Responsible Officials and Planned Corrective Action Plan—The Department of Audit and Control intends to review its current procedures surrounding construction in progress and determine the most appropriate procedures for tracking ongoing construction in progress given the current staffing levels and system capabilities. -5 - l33 APPENDIX A New Reporting Requirements The Governmental Accounting Standards Board("GASB")has adopted new pronouncements, which may have a future impact upon the City: GASB Statement No. 72—The City is required to implement GASB Statement No. 72,Fair Value Measurement and Application,effective for the fiscal year ending June 30,2016. The objective of this Statement is to provide guidance for determining the fair value measurement for financial reporting purposes and for disclosures related to all fair value measurements. GASB Statement No. 73—The City is required to implement GASB Statement No. 73, Accounting and Financial Reporting for Pensions and Related Assets That Are Not Within the Scope of GASB Statement No. 68, and Amendments to Certain Provisions of GASB Statements No. 67 and No. 68, effective for the fiscal year ending June 30, 2017. The requirements of this Statement establish new reporting requirements for those pensions and pension plans that are not administered through a trust meeting the requirements of GASB Statements No. 67 and No. 68. GASB Statement No. 79—The City is required to implement GASB Statement No. 74,Financial Reporting for Post-employment Benefit Plans Other than Pension Plans,effective for the fiscal year ending June 30,2017. The requirements of this Statement address the financial reports of defined benefit OPEB plans that are administered through trusts that meet certain criteria. This Statement replaces GASB Statement No. 43,Financial Reporting for Post-employment Benefit Plans Other than Pension Plans. GASB Statement No. 75—The City is required to implement GASB Statement No. 75, Accounting and Financial Reporting for Post-employment Benefits Other than Pensions,effective for the fiscal year ending June 30,2018. This Statement replaces GASB Statement No. 45, Accounting and Financial Reporting by Employers for Post-employment Benefits Other than Pensions, and will require more extensive note disclosures and required supplementary information about their OPEB liabilities. GASB Statement No. 76—The City is required to implement GASB Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments—an amendment of GASB Statement No. 55, effective for the fiscal year ending June 30,2016. This Statement reduces the GAAP hierarchy to two categories of authoritative GAAP and addresses the use of authoritative and nonauthoritative literature in the event that the accounting treatment for a transaction or other event is not specified within a source of authoritative GAAP. GASB Statement No. 77—The City is required to implement GASB Statement No.77, Tax Abatement Disclosures,effective for the fiscal year ending June 30,2017. This Statement requires the disclosure of information about the nature and magnitude of tax abatements and will make these transactions more transparent to financial statement users. 1-1 FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS Feb 16,2016 Ci u _j kJ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 8, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Cazenovia Pool [: Steel & Roof Replacement [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: #2454 of 12/9/14 EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for Cazenovia Pool Steel & Roof Replacement, DiDonato Engineering & Architectural Professionals, C #93001460. The scope of work for this change order includes details and sketch drawings that depict modifications of the existing steel frames with new cover plates and high performance paint. • Add $ 2,500.00 The foregoing changes result in a net increase in the contract of Two Thousand Five Hundred Dollars and 0 Cents ($2,500). Summary: Previous Amount Approved $33,850.00 Amount of This Change Order $ 2,500.00 Total Approved Amount to Date $36,350.00 Costs have been reviewed and the Department of Public Works, Parks & Streets and were found to be fail and equitable. Funds for this work will be available in account No. 37321306 - 445100 Buildings. SJS/RTS/PS/jlj RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Par.tr.nd Teets SIGNATURE OF DEPARTMENT HEAD: Chaiige'irr ContractCazefiuvia Pocii Steel arrd'RoofReplacement(Soiith)(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 February 8, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $2,500.00 (Original Contract Amount $33,850.00 + Change Order #1 $2,500.00 for a Total Contract Amount of $36,350.00) for the Cazenovia Pool Steel and Roof Replacement, with DiDonato Engineering & Architectural Professionals, Contract#93001460. Funds are available in Account #37321306-445100 Buildings. PASSED AYES 9,NOES 0 CAllsersUrucinskiWppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\OX32QV W6\Change in Contract-Caz Pool roof.docx p\\ 1 • • • • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * • GOLOMBEK * * * * * * • PRIDGEN * * * * * * • RIVERA * * SCANLON * * * * * WING() * • * . * * WYATT * * * • * * [ ] . * * * [MAJ- 5 ] • [2/3 - 6] * * [3/4 - 7] . • • 1 0031 0 131 $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: February 10,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Parks SUBJECT: [: Change in Contract [: Environmental Consultant Services [: for ESI and HHRA Investigation for [: Walden Park [: Contract#H0000307 [: CDBG,IDIS 8598 PRIOR COUNCIL REFERENCE: (IF ANY) [: September 15,2015,Item#1791 Permission is hereby requested from Your Honorable Body to increase the consultant contract for the above named contract.A Limited Environmental Phase II Site Investigation was conducted and completed in January 2016. The results of this investigation requires that a Supplemental Phase II Environmental Investigation(ESI)and Human Health Risk Assessment(HHRA)for Walden Park be conducted in order to fully understand the on-site environmental characteristics. This change order is necessary to increase the contract encumbrance to conduct the ESI and HHRA for Walden Park. ADD: Supplemental Phase II Environmental Investigation(ESI) $60,158.00 Human Health Risk Assessment(HHRA) $36,000.00 Existing Contract Amount $31,344.00 Change order total ..$96,158.00 Revised Contract Amount .$127,502.00 Funds for this contract are available in# CG9B3037—470000,DJ9B2017-400000 and account(s)to be named at a later 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 Core Enviromnetal Consultants,Inc. SJS:FG cc:Parks RECOMMENDED Andrew Rabb,Deputy Commissioner of Parks TYPE DEPARTMENT HEAD NAME: Stephen J. Stepniak TYPE TITLE: Commission o u. fEWorsParks&Streets SIGNATURE OF DEPARTMENT HEAD: . • Change in Contract-Environmental Consultant Services for EST.and''HHRA'Investigation•for • . Walden Park(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 February 10, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 for the Environmental Consultant Services for ESI and HHRA Investigation for Walden Park in the amount of $96,158.00 (Original Contract Amount $31,344.00 + Change Order #1 $96,158.00 for a Revised Contract Amount of $127,502.00). Funds for this contract are available in Account #CG9B3037 — 470000, DJ9B2017-400000, and an account(s)be named at a later date. PASSED AYES 9,NOES 0 • • C:\Users\mcinski\AppData\Local\Microson\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Change in Contract-Walden Park.docx ) 3 * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * , PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * * * WINGO * * * * * * WYATT * * * * * * [ ] . * q * [MAJ- 5 ] * * 6 * [2/3 - 6] * * * [3/4 - 7] i i3 cl #1 (Rev. 1/93) SINGLE PAGE COMMUNICRf? J'Td THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 9, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings • SUBJECT: [: Change in Contract [: North West Community Center [: Rehabilitation Project #40-50205-NW [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: #716 of 4/14/15 EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for North West Community Center, Rehabilitation Project, Jameson Roofing, Inc., C #H0000288. The scope of work for this change order includes the removal of Bid Item #5, painting and restoration of air discharge structures. Also, additional work to include masonry at the West facing corner South end Rain table. Repointing of stone to stone joists and stone to brick joints to prevent water from entering interior waiting room area. Deduct $ 1,750.00 The foregoing changes result in a net decrease in the contract of One Thousand Seven Hundred Fifty Dollars and 0 Cents ($1,750). Summary: Previous Amount Approved $964,205.00 Amount of This Change Order -$ 1,750.00 Total Approved Amount to Date $962,455.00 Costs have been reviewed and the Department of Public Works, Parks & Streets and were found to be fail and equitable. SJS/RTS/FG/jlj RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Par and reets.----"-_,. SIGNATURE OF DEPARTMENT HEAD: Change in'COntract. North•West Community Center Rehabilitation:Project(Ncirtli)(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 February 9,2016,be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $1,750.00 (Original Contract Amount $964,205.00 - Change Order #1 $1,750.00 for a Total Contract Amount of $962,455.00) for the North West Community Center Rehabilitation Project, with Jameson Roofing, Inc., Contract#H0000288. PASSED AYES 9,NOES 0 • • • \1 ( C:\UsersUmcinski\AppData\Local\Microsof\Windows\Temporary Internet Files\Content.ONlook\OX32QV W6\Change in Contract-NW Comm CU Rehab Project.dacx j i • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * • GOLOMIBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * • SCANLON * * * * * * • WINGO * • * . * * * * WYATT * * * * * * [ ] . * * * [MAJ— 5 ] * q -* 0 -* . [2/3 - 6] * * * [3/4 — 7] . • i e i a312- )Lj #1 (Rev. 1/93) COMMUNICATIOll CO ' MMON COUNCIL TO: THE COMMON COUNCIL DATE: February 11,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [: Permission for Encroachment on [: Public Right-of-Way [: 486-492 Elmwood [: Overhead Balcony [: Niagara District PRIOR COUNCIL REFERENCE: (None) Mr. Rocco Termini, Managing Partner of 486 Elmwood LLC, has requested permission to install a self- supported balcony over the sidewalk abutting 486-492 Elmwood. The balcony was conditionally approved by the Planning Board as part of the overall site plan review at its meeting on September 8,2015. The Department of Public Works,Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works,Parks and Street to issue a"Revocable License",subject to approval as-to-form by Corporation Counsel,for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits as necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services. 3. The owner/operator of 486-492 Elmwood shall have all obligations of construction, maintenance, repair, responsible operation (and ultimately pay for the cost of balcony removal), unlimited indemnification by owner/operator in favor of City (and the Buffalo Sewer Authority) and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 486-492 Elmwood. The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in such form as shall cause the owner/operator obligations to run with the land know as 486-492 Elmwood. 4. That,in the event that the Commissioner of Public Works,Parks and Streets determines the encroachments must cease as a result of factors effecting the health,safety and welfare of the public,or the needs of the City, said commissioner may order the immediate removal of the encroachments as described in Chapter 413- 67(F)of the City Charter. The cost of removal shall be borne by the'applicant. 5. That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance,use and removal of said encroachments. 6. That the applicant pay an annual license fee as determined by the Division of Real Estate. SJS:MJF:MGM Recommended: Michael J.Finn,P.E.,City Engineer TYPE DEPARTMENT HEAD NAME: Steven J.Stege TYPE TITLE: Comm'& •ir�of Publi .Wo'rks,Parks&Streets SIGNATURE OF DEPARTMENT HEAD: V Encroachment into.City Right-ofWaY:--486,492-Ehn ocd--Overhead Balcony (Nis)(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 February 11, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets,pursuant to Chapter 416 Section 67 (Encroachment Regulations) of the City Charter to issue a"Revocable License"to Mr. Rocco Termini, Managing Partner of 486 Elmwood LLC,to install a self-supported balcony over the sidewalk abutting 486-492 Elmwood within a City right-of-way abutting said property, after being referred to the Planning Board for the necessary site plan review and approval,provided the following conditions are met: • That the applicant obtains any and all City of Buffalo permits necessary. • That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services. • That the owner/operator of 486-492 Elmwood shall have all obligations of construction,maintenance,repair, responsible operation(and ultimately pay for the cost of balcony removal),unlimited indemnification by owner/operator in favor of City(and the Buffalo Sewer Authority) and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 486-492 Elmwood. The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in such form as shall cause the owner/operator obligations to run with the land known at 482-492 Elmwood. • That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of the factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413-67(F) of the City Charter. • That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said encroachments. • That the applicant pay an annual license fee as determined by the Division of Real Estate. • PASSED AYES 9,NOES 0 C:\UsersUmci sldWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Omlook\OX32QV W6'Encroach ROW 486-492 Elmwood.docx i Le * AYE * NO * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK. * * * * * * , PRIDGEN * * * * * * RIVERA * * • * * * SCANLON * * * * * * WINGO * * * * * * WYATT * * * * * * [MAT- 6 ] * Q * a [2/3 - 6] * * * [3/4 7] 003.1. � �3 #1 (Rev. 1/93) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 10,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [: Permission for Encroachment on • [: Public Right-of-Way [: 1800 Jefferson Avenue,Canisius College [: Flashing Pedestrian Warning Sign [: Masten District PRIOR COUNCIL REFERENCE: (None) Mr.Thomas Ciminelli,Director of Facilities at Canisius College,has requested permission to install an LED crosswalk warning system within City Right of Way adjacent to the crosswalk abutting 1800 Jefferson Avenue,at the intersection of Jefferson and Hughes. The proposed warning system would include two sign posts with crosswalk warning signs and solar powered,push button operated warning lights. The sign posts would be installed within the standard area where traffic signs are installed,approximately 18-36 inches from the curb in the"snow storage"area. The flashing warning lights would be activated by the push button to alert motorists that a pedestrian in entering the crosswalk. The Department of Public Works,Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works,Parks and Street to issue a"Revocable License", subject to approval as-to-form by Corporation Counsel,for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services. 3. That the applicant be responsible for maintenance of the encroachments as long as they remain within City right of way. 4. That,in the event that the Commissioner of Public Works,Parks and Streets determines the encroachments must cease as a result of factors effecting the health,safety and welfare of the public,or the needs of the City, said commissioner may order the immediate removal of the encroachments as described in Chapter 413- 67(F)of the City Charter. 5. That the applicant enter into a revocable license agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance,use and removal of said encroachments. SJS:MJF:EDS Recommended: Vif/X1/./, Michael J.Finn,P.E.,City Engineer TYPE DEPARTMENT HEAD NAME: Steven J.Stepniak r TYPE TITLE: Commission-r� o, - Works,Parks&Streets SIGNATURE OF DEPARTMENT HEAD: , °� Ericroachinetii into-cityRight-ofWay 1.800- effersan'Avenue (Masten)(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 February 10, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets,pursuant to Chapter 416 Section 67 (Encroachment Regulations) of the City Charter to issue a"Revocable License"to Mr. Thomas Ciminelli, Director of Facilities at Canisius College, to install a LED crosswalk warning system within a City right-of-way abutting said property, after being referred to the Planning Board for the necessary site plan review and approval, provided the following conditions are met: • That the applicant obtains any and all City of Buffalo permits necessary. • That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services. • That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right-of-way. • That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of the factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413-67(F) of the City Charter. • That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said encroachments. PASSED AYES 9,NOES 0 C:\UsersUmc nsld\AppData\LocalMerosoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Encroach ROW 1800 Jefferson.docx J 4-1 * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN . * * * * * * RIVERA * * * * * * SCANLON * * * * * WINGO * . * * * * WYATT * * * * * * [ ] . * * * [MA.J- 5 ] [2/3 - 6] * * * [ 3/4 - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL i TO: THE COMMON COUNCIL 00 3 TE: February 8, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Cazenovia Pool [: Window Replacement [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire DiDonato Engineering & Architectural Professionals as a consultant to provide architectural and engineering services for Cazenovia Pool Window Replacement. The cost for consulting services is estimated not to exceed $15,000. Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be made available by FEMA -Account #25123206 —434000 - 11314. vS/i SJS/RTS/PS/jlj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parks ar .Streets. SIGNATURE OF DEPARTMENT HEAD: • Permission'to Hire Consultant—Cazeno•via Pool Window Replacement (South)(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 February 8, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire DiDonato Engineering&Architectural Professionals as a consultant to provide architectural and engineering services for the Cazenovia Pool Window Replacement. The cost for consulting services is estimated not to exceed$15,000. Funds for this work will be made available by FEMA—Account#25123206—434000— 11314. PASSED AYES 9,NOES 0 C:\Users\imcinski\AppData\ocal\Microsoft\Windows\TemporaryIntemet Files\Content.Oudook\OX32QVW6\Fermission to Hire Consultant-Caz pool window reptacementdocx • • • • * AYE * NO * * * * FEROLET.O * * * * • FONTANA• * * * * * * FRANCZYK * • * * * • GOLOMBEK * * * PRIDGEN • * * * * * * RIVERA * * • SCANLON * * * • WINGO * • * . * * * WYATT • * * • [ I . * * * [MAJ- 5 ] [2/3 - 6] * * * [3/4 - 7] . • • • #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1 DO ‘31S TO: THE COMMON COUNCIL RATE: February 6, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant - Correction [: City Hall - Improvements [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: #80 of 1/19/16 TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Foit Albert Associates as a consultant to provide architectural and engineering services for City Hall — Improvements The cost for consulting services is estimated not to exceed $148,511. The funds are available in account#33291706 - 445500. The consultant has been chosen through a Request for Proposal process (RFP). SJS/RTS/PS/jlj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parks .Teets f� SIGNATURE OF DEPARTMENT HEAD: • Permission to Hire Consultant--Correetioir-City.Haii.Improvernents (El1XDPW) . 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 February 6, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Foit Albert Associated as a consultant to provide architectural and engineering services for City Hall Improvements. The cost for consulting services is estimated not to exceed $148,511. The consultant was chosen through a Request for Proposal (RFP)process. The funds are available in Account#33291706—445500. PASSED AYES 9,NOES 0 C:\UsersUmcinski\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Permission to Hire Consultant-City Hall improvements correctiondocx 1 I 14 * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * . * * SCANLON * * * * * * WINGO * . * * * * * WYATT * * * * * * [ ] * * [MAJ- 5 ] * * o * [2/3 - 6] * * * [3/4 - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 11, 2016 6, 0 0 ..o-_ FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Olmsted Parks Buildings Improvements [: Roof & Exterior Reconstruction [: Delaware District, South District PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Architectural Resources as a consultant to provide architectural and engineering services for the Olmsted Parks Building Improvements at Delaware Park and South Park. The cost for consulting services is estimated not to exceed $55,000. The funds are available in account#33203296 —445500. The consultant will be chosen through a Request for Proposals (RFP) process. SJS/RTS/BTS/jlj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: - Commissioner of Public Works, Padcg d Sir ets`"— SIGNATURE OF DEPARTMENT HEAD: �f 4 \CI\ • PerntissiOri to Hite Consultant-Olmsted Parks Buildiii s ti pre-verneY ts.Roaf and-Exterior Reconstruction(Del, South)(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 February 11, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Architectural Resources as a consultant to provide architectural and engineering services for the Olmsted Parks Buildings Improvements at Delaware Park and South Park. The cost for consulting services is estimated not to exceed$55,000. The consultant was chosen through a Request for Proposal (RFP)process. The funds are available in Account#33203296- 445500. PASSED AYES 9,NOES 0 C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Tempamry Intemet Files\ContentOutlook\OX32QV W6\Pemdssion to Hire Consultant-Olmsted Parks bldgs.docx . • . i * AYE * NO * * * * . . FEROLET.O * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * . GOLOMBEK . * * * . ** * , • . PRIDGEN • * * * * * * RIVERA * * * * * * . • SCANLON * * * * * * WINGO * • * * * * * WYATT * *_ * • * * * ] * * * [MAJ- 5 ] * * o * , [213 - 6] * * * . [ 3/4 - 7] • 1 I #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 11, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets 0 `' DIVISION: Parks SUBJECT: [: Permission to Hire Consultant [: Wendel [: 2016-2017 Citywide Tree Management & Planning PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Wendel WD Architecture, Surveying & Landscape Architecture, PC as a consultant to provide architectural and engineering services for the 2016-2017 Citywide Tree Management & Planning. The cost for consulting services is estimated not to exceed $155,090.00. The funds are available in account #30001016-445100 and account(s) to be named at a later date. SJS/ARR/RH RECOMMENDED , Andrew R. Rabb Deputy Commissioner TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, P.Ik�and$trets SIGNATURE OF DEPARTMENT HEAD: t)-. c Permission to Hire Cori$uitarit='201&2017 City Citywide Tree Management and Plan irig(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 February 11, 2016, be received and filed; and • That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Wendel WD Architecture, Surveying & Landscape Architecture, PC as a consultant to provide architectural and engineering services for the 2016-2017 Citywide Tree Management and Planning. The cost for consulting services is estimated not to exceed $155,090.00. The funds are available in Account#30001016-445100, and an account(s)to be named at a later date. PASSED AYES 9,NOES 0 • C:\UsersUmcinsid\AppDataWocat\Microsoft\Windows\Temporary Intemet Files\Content.Outook\OX32QV W6\Pemtission to Hire Consultant-Citywide tree management.doco jj! as r 7 .* AYE * NO * * * * • FEROLETO * * * * * * FONTANA * * * • * * * FRANCZYK * * * • * * * . GOLOMBEK . * * * * * * . • • . PRIDGEN * * * * * • * • . RIVERA * * . * * * SCANLON * * * * * * • WINGO • * • * . * • * * WYATT * * * * * * [ I . * * * l [MAJ- 5 ] . [2/3 - 6] • * n * * 1 [3/4 - 7.] • . • I I #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council 0 03 IS DATE: February 3,2016 FROM: DEPARTMENT: Public Works,Parks&Streets DIVISION: Engineering SUBJECT: [:Permission to Hire Woodsmith Fence Corporation [:November 2014 Storm Damaged Fence&Guiderail Replacment [:North&South Legion-Group 814C [: South District PRIOR COUNCIL REFERENCE: [:None TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works,Parks and Streets to grant permission to hire Woodsmith Fence Corporation to repair and replace guide rail and chain link fence on North and South Legion that was damaged in the November 2014 storm. The contractor was the low bidder on two separate informal procurements that were done. The DPW elected to combine the procurements into one contract for simplicity. The costs for services are estimated not to exceed$50,000 and are reimbursable by FEMA. The funds are available in account 15030006-434000 and/or an account(s)to be named at a later date. SJS:MJF:kem Recommended: Title: Michael J.Finn,P.E.,City Engineer of Public Works,Parks&Streets TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of$u 1151 e Works,Parks&Streets SIGNATURE OF DEPARTMENT HEAD: aV Permission to Hire Consuitani-Woodsrriith•Fence•Coipor-atiOri-November 2014 Storm • : ' •'-- Damaged Fence and Guiderail Replacement—North and South Legion(South) (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 February 3, 2016,be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Woodsmith Fence Corporation to repair and replace guiderails and chain link fences on North and South Legion that was damaged in the November 2014 storm. The cost for services is estimated not to exceed$50,000.00 and are reimbursable by FEMA. The funds are available in Account#15030006-434000, and an account(s)to be named at a later date. PASSED AYES 9,NOES 0 • • )';\ C:\UsersUmcinski\AppData\LocaI Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Permission to Hire Consultant-Woodsmith Fence.docx • • * AYE * NO * * * * . FEROLETO * * * * * * • FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK . * * * * * * • . PRIDGEN • * * * * * . * • RIVERA • * * . * * * * SCANLON * * * * ' WINGO * • * . * • *• * WYATT * * * . * * * [ ] [MAJ- 5 ] ** *. [ 2/3 - 6] * * * [3/4 - 7] . • 1 • 1 1 ' • I . I ' I te 0O3 _9. q #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 11,2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission for Reduction of Retention [Ohio Street and Inner Harbor Infrastructure Improvement Project [Concrete Applied Technologies Corp - Contract# 93001280 [Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. , C.C.P.) This is to request from your Honorable Body for authorization of a reduction in the retention for the Ohio Street and Inner Harbor Infrastructure Improvement Project. This is a Federal and State funded project and as per direction of NYSDOT, the City should not retain the full 5% from contractor until the project completion. The contract documents state that 50% of retention will be released when 75% of the work is completed. The Department is satisfied that in excess of 75% of the work is complete and recommends that retention be reduced in accordance with the contract provisions. Therefore, I am requesting your honorable Body's authorization Commissioner of the Public Works, Parks and Street to reduce the retention on this contract from 5%to 2.5%. It is the opinion of this Department that the retention proposed is sufficient to guarantee for completion of this contract. MJF:sag 1 Recommended: / Michael J. Finn, P.E., City Engineer DEPARTMENT HEAD NAME: Steven J Stepniak TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: .,:fes` l Permissi'on for Redaction in Retention'-Ohio-Street and Inner Harborinfrastructure:: Improvements Project(Fill) (DPW) Mr. Rivera moved: That the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated February 11, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention from 5%to 2.5%in Contract #93001280, Concrete Applied Technologies Corp. for the Ohio Street and Inner Harbor Infrastructure Improvement Project. PASSED AYES 9,NOES 0 • ))ij C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Reduction of Retention-Ohio St and Inner Harbor.docx • 1ST * AYE * NO * * * * . . FEROLETO * * * * * * FONTANA * * * * * * • FRANCZYK * * * . * * * GOLOMBEK . * * * * * * . • . PRIDGEN • * * * * * * • RIVERA * 4* . * . * * * SCANLON * * * . , * * * WINGO * •�• * * * * WYATT * * * . • * * * [ ] * * * . [MAJ- 5 ] -* GI , 0 -* . , . [2/3 - 6] [3/4 - 7] . • i 1 • . • I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 8, 2016 FROM: Public Works, Parks & Streets Parks & Recreation SUBJECT: [: Report of Bids [: 2016 BLOCK PRUNING [: Group#871 I advertised for on January 26, 2016 and received the following formal sealed bids for the 2016 Block Pruning, which were publicly opened and read on February 5, 2016. In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The Following Bids Were Received Total Bid Davey Tree Expert $ 138,596.00 1200 Commerce Pkwy. Lancaster, New York 14086 (failed to provide the required documents) Tree Care of NY $ 156,425.00 11493 Broadway Alden, New York 14004 AJ's Tree Service $167,100.00 6 Whispering Ct. East Amherst, New York 14051 Bradley Tree $173,600.00 12671 Vermont St. Holland, New York 14080 Schnecks Tree Removal $198,600.00 2861 Southwestern Blvd. Orchard Park, New York 14127 I hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Care of NY is the lowest responsible bidder. I respectfully recommend that your Honorable Body authorize a contract award in the amount of One Hundred Fifty Six Thousand Four Hundred Twenty Five 00/100 ($156,425.00) Funds for this contract are available in 4570006-456000 and account(s)to be named at a later date. Recommended By: Andrew R. Rabb, Deputy Commissioner Department Head Name: Steven J. Stepniak ' Title: Commissioner of ois ,or°ks, arks& Streets Signature of Department Head: f Cc: Michael J. Finn, P.E., City Engineer g"'"72 Andrew R. Rabb, Deputy Commissioner for Parks& Recreation :... . . , Report of'Bids 2016 Block PrGroup#+8 7'1=(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 February 8, 2016, 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 2016 Block Pruning, with Tree Care of NY, with a total contract amount of $156,425.00. Funds for this contract are available in Account#14570006-456000, and/or an account(s)to be named at a later date. PASSED AYES 9,NOES 0 (),> C:\Users\1rucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\OX32QV W6\Report of Bids-2016 block pnming.docx • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * • * * * GOLOMBEK * * * * PRIDGEN * * * * * * RIVERA * * . * * * SCANLON * * * * WINGO * " * * WYATT * * * [ ] * * * [MAJ- 5 ] * * * [2/3 - 6] * * * [3/4 - 7] 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 10, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets 00 ; DIVISION: Buildings SUBJECT: [: Report of Bids - CORRECTION [: Engine 25 [: New Roof & Deck [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: #1444 of 7/18/14 TEXT: I asked for on May 27, 2014, and received the following formal sealed bids for Engine 25 New Roof & Deck, which were publicly opened and read on July 1, 2014. Base Bid Jameson Roofing $601,800.00 Grove Roofing $814,200.00 Progressive Roofing No Bid Weaver Metal & Roofing $514,900.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, with a Base Bid of $514,900.00, a contingency of$51,490.00 for a total bid of Five Hundred Sixty Six Thousand Three Hundred Ninety and 00/100 Dollars ($566,390.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Account No. 38320316 445100 and 38322986 445100- Buildings. SJS/RTS/DDC/ddc RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings DEPARTMENT HEAD: Steven J. Stepniak TITLE: Commissioner of Public Works, Park , . d Bets Signature of Department Head: cc: J. Jacobs, Buildings . .. . . Report of Bids-=Correction--Engine 25'New Rorif and Deck(South)'(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 February 10, 2016, 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 Engine 25 New Roof and Deck with Weaver Metal &Roofing, with a total bid amount of$566,390.00 (Base Bid of$514,900.00 + a contingency of $51,490.00 for a total bid of $566,390.00). Funding for this contract is available in Account#38320316 445100 and 38322986 445100—Buildings. PASSED AYES 9,NOES 0 • C:\UsersUmcinskiWppData Local\Microsoft\Windows\Temporary Internet Files\ContentOotlook\OX32QV W6Uteport of Bids-Eng 25 correedon.docx • ) Loo • • .* AYE * NO * * * * FEROLETO * * FONTANA * * * FRANCZYK• * * * * * * • GOLOMBEK . * * * * * PRIDGEN • * * *, * * RIVERA * * • * * . * SCANLON * * * * * * • WINGO • * • * , * * * * WYATT * * * • * * [ ] . * [MAJ- 5 ] * * - • [2/3 - 6] * * * [ 3/4 - 7] . • • • POSITION ALLOCATION MAINTENANCE FORM I(-0 1 If IV )/ Title Truck Driver(Streets) It Department/Division Public Works,Parks&Streets,Division of Streets Start Date i I I 0 0a-a 7 Original PR No. 2014-125 I Title Code No. 6021 1 Salary $24,377(Step 12) Budget Function No. 52002601-411001 Reason for appointment(check one) IZ Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change(check one) ® From Temporary to Provisional ❑; From Temporary to Permanent I ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent E Other Type of Appointment: Classification ❑ Permanent C Exempt ❑ Contingent Permanent Competitive N Provisional ❑ Non-Competitive El Temporary Ell SeasonalFEB 1'1618:28 39s8CSt Comments: REF ESR k; �'" T H�® COMMITTEE ON CML SERVICE. Employee Information: Name Dwain Laws SS# 3643 Address 427 Cornwall Ave. DOB City Buffalo State New York Zip Code 14215 ..„.6.,,.. ,,,,, ,,,64.-e.,1" //2 Sp<//4,11. Signature of Appointing Authority Date : - elcr.5(:.:-.A....-A--, / x-17 /k, gnature of Director of Budget Date Z-Zz 4Signatu o-'(Y/A, .4 ' — (7e -/--/6-- f Adm. r irecto doole► evil ervice Date Send original copy signed by Dept.Head to Budget Send or e-mail Civil Service a copy When approved copy is returned,send a copy to Audit along with file maintenance form, City Clerk and Budget 1 FROM THE COMMISSIONER OF POLICE Feb 16,2016 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL I TO: THE COMMON COUNCIL: DATE: February 4,2016 FROM: DEPARTMENT: POLICE U 03b.3 DIVISION: SUBJECT: I : Acceptance of Donation PRIOR COUNCIL REFERENCE: (IF ANY) I : Ex. (Item No. xxx,C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Buffalo Police Department recently received two (2) $500.00 checks from the NOCO FOUNDATION as a donation to the Department as a token of appreciation for the continued support and law enforcement efforts utilized at and around their stores and other entities in Buffalo. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved, the funds will be placed in special revenue account #71000000 210020 and then utilized to purchase equipment and other items needed specifically in the District houses to facilitate the required tasks of Officers to perform their law enforcement duties. The Buffalo Police Department hereby requests approval from your Honorable Body to accept this donation. DD/jws TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMM II NER)OF POLICE 1 SIGNATURE OF DEPARTMENT HEAD: -1 • opiq NOCO SIONIUM"`NESEEN noco.com November 16, 2015 Buffalo Police Department 1847 South Park Avenue Buffalo, NY 14220 Buffalo Police Department, NOCO Energy Corp. has Express Convenient Stores at the following locations. • S-38 155 Bailey Avenue • S-42 2133 South Park Avenue Please accept the enclosed check as a token of appreciation for your continued support in protecting all of our stores and other entities in Buffalo. Thank you again. Sinc- ly4 Jae , D. ewman Michael F. Newman Pr.sident Executive Vice President Enclosure { 2440 Sheridan Drive•Tonawanda,New York 14150• Phone(716)833-6626•(800)662-6776•Fax(716)874-7032 LOCO riffsmaxv... noco.com November 16, 2015 Buffalo Police Department 695 Main Street Buffalo, NY 14203 Buffalo Police Department, NOCO Energy Corp. has Express Convenient Stores at the following locations. • S-205 1137 Elmwood Avenue • S-206 577 Elmwood Avenue Please accept the enclosed check as a token of appreciation for your continued support in protecting all of our stores and other entities in Buffalo. Thank you again. Sin - ely, P j /115.1NNewman Michael F. Newman sident Executive Vice President Enclosure 2440 Sheridan Drive•Tonawanda,New York 14150•Phone(716)833-6626•(800)662-6776•Fax(716)874-7032 r---=============----------------7c FOR SECURITY PURPOSES,THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING—_= F==--_ -===='_—---- "`"`------`-1 NOCO FOUNDATION INC 50-7044/22236 2388 2440 Sheridan Dr Tonawanda,NY 14150-9416z DME l///VPOF I1 ,1 . $I L LL IGy-�/d /,,, LOLLARS al� I�j/-I tai LI 2 . FIRST P NIAGARA0i 1 4 �j�p C CSC//L2�N ------ .- a EDSIGNATURE ' MEMO: �l�S ma,... _' _ Z_ m, I i I 11 { ---_—_ --- _—__�—_ _r_.FOR SECURITY PURPOSES,THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING------------------------------------ NOCO FOUNDATION INC 50-7044/2223 2389 2440 Sheridan Dr 006 Tonawanda,NY 14150-9416 / DATE !l _ 0 POF / / � / / / /" ii v4 Q—'( Did M.) Dors a NIAGARA � �g4ORDRE MEMO: I J( �� ^^� SIGNATURE D CCJJ �(� • • 1 i I i i 1 Acceptance of Donation(Police) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department dated February 4, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation from the NOCO Foundation in the amount of$1,000.00 to the Buffalo Police Department as a token of appreciation for the continued support and law enforcement efforts utilized at and around their stores and other entities in Buffalo. The funds will placed in Special Review Account#71000000 210020, and then utilized to purchase equipment and other items needed specifically in the District houses to facilitate the required tasks of Officers to perform their law enforcement duties. PASSED AYES 9,NOES 0 C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32Q V W6\Acceptance of Donation.docx • • * AYE * NO * ,t.. • • * * * FEROLET.O * * * * FONTANA * * * * FRANCZYK * * * GOLOMBEK * * * * * • PRIDGEN * * * * * * • RIVERA * * * * * * SCANLON * * • W1NGO • * * * * * WYATT • * * * [ ] . * * * [MAJ- 5 ] * V - 6 * * * [2/3 ] . [ 3/4 - 7] . • • •• •rfb(HEN Uts-'Ib) -f. , r. /7-i-A2-iJ /,�;,4U. Cofic'if' of,IAtppointmeht \cf\NY 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 j p ff (6 • promotion(s), I further certify that the person(s)named In Schedule"A"have been certified or approved 6y the Human Resources/Civil Service Administration for the following: • l k . Appointment Effective: • January 26,2016 in the Department of: .Police ' • • • Division of: Patrol • . 0 LJ to the position of: Police Lieutenant (Insert One): Permanent (Insert One): ' Promotion . (Insert One)at the; Flat • • ' Starting Salary: $81,343 • Schedule"A" • • • LAST JOB TITLE Contingent Perm.Lt. NAME Derrick R.Banaszak LAST DEPARTMENT Police DATE 0129/15 . ADDRESS 6887 Monaghan Lane LAST SALARY $81,343 • CITY&ZIP Clarence Center,NY 14032 • • • LAST.4 DIGITS OF SSN#: 4923 LAST JOB TITLE Contingent Perm.Lt. • NAME •Kenneth Maya • LAST DEPARTMENT Police • DATE 8131/15 ADDRESS 233 Rockdale Drive • LAST SALARY • $81,343 CITY&ZIP Amherst,NY 14228 LAST 4 DIGITS OF SSN#: 2283 LAST JOB TITLE Contingent Perm.Lt. NAME Jon J.Kokotallo LAST DEPARTMENT Police • DATE 8/31/15 ADDRESS 134 Baltz Avenue • LAST SALARY $81,343 CITY&ZIP Buffalo,NY 14206 LAST 4 DIGITS OF SSN#: 8894 • LAST JOB TITLE• Contingent Perm.Lt. NAME Thomas R.Mayes LAST DEPARTMENT Police DATE 8/31/15. ADDRESS 5400 South Park Ave.,#G-1 LAST SALARY $81,343 CITY&ZIP Hamburg,NY 14075 LAST 4 DIGITS OF SSN#: 6240 LAST JOB TITLE NAME • • LAST DEPARTMENT DATE . ADDRESS LAST•SALARY $ CITY&ZIP LAST 4 DIGITS OF SSN#: • REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG.CODE: 12005001411001 .. TITLE CODE NO.: 2-g BUDGET ACCT.OBJ : 12005001411001 PROJ.ID. • PERSONNEL REQ.NO.: 15-165 SALARY RANGE OF POSITION: $'81.343.00-$81.343.00, PER: YEARLY REASON FOR APPT.ABOVE THE MINIMUM: .. . • NAME OF APPOINTING AUTHORITY: Daniel Derenda. . . . . • . TITLE OF APPOINTING AUTHORITY: Commissioner of Police . DATE: Januu xy,• 2,_2016 . SIGNATURE OF APPOINTING AUTHORITY: ...L. •- -----------7-7*------- -•-- --r " — ORIGINAL+3 COPIES TO: CITY CLERK'S OFFICE (ON/SEFORE APPOINTMENT DATE) • OTHER COPIES TO: 1 COPY TO:COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/OIVILSERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) • . Certificate of Appointment • • In compliance with provisions of Section 24-2 of the Charter and Chapter 35.1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appolntment(s)or I rY promotion(s). I further certify that the person(s)named In Schedule"A"have been certified or approved by the Human Resources/Civil Service Administration for the following: I.(, (.,� Appointment Effective: . January 26,2016 • In the Department of: Police . • • • Division of: Patrol ' • to the position of: Police Lieutenant (Insert One): Permanent • (Insert One): Promotion . (Insert One)at the: Flat ' • • Starting Salary: $81,343 . Schedule"A" ' • LAST JOB TITLE Police Officer NAME Jason R.Whitenight LAST DEPARTMENT Police DATE 1/18/08 ADDRESS 121 Kathy Lane LAST SALARY $71,117 • CITY&ZIP West Seneca,NY 14224 LAST 4 DIGITS OF SSN#: 5087 LAST JOB TITLE Police Officer NAME Andre M.Lloyd • LAST DEPARTMENT Police ' DATE 1/16/09 ADDRESS .16 Preston Road . LAST SALARY $71,117 CITY&ZIP Buffalo,NY 14215 LAST 4 DIGITS OF SSN#: 9376 • LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS • • • LAST SALARY $ CITY&ZIP LAST 4 DIGITS OF SSN#: • • LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY . $ CITY&ZIP LAST 4 DIGITS OF SSN#: LAST JOB TITLENAME • LAST DEPARTMENT DATE ADDRESS • LAST SALARY $ • CITY&ZIP LAST 4 DIGITS OF SSN#: . REFERRED TO THE COMMITTEE ON CIVIL SERVICE . BUDGET ORG.CODE: 12005001411091 . . TITLE CODE NO.: 2240 BUDGET ACCT.OW : 1 005001411001. PROD.ID. PERSONNEL REQ.NO.: .16-163 SALARY RANGE OF POSITION: $81;343.00-$81,343.06 PER: YEARLY ' REASON FOR APPT.ABOVE THE MINIMUM: .. . . . • NAME OF.APPOINTING AUTHORITY: . Daniel Derenda . . TITLE OF APPOINTING AUTHORITY: Commissioner of Police . . DATE: Jany! 22 20 SIGNATURE OF APPOINTING AUTHORITY: • ORIGINAL r 3 COPIES TO: OITY CLERKS OFFICE(ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO:COMPTROLLER; 1 COPY TO; HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET ' OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) gra(t Lev Ua r a) ,% 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 promolion(s). I further certify that the person(s)named in Schedule"A have been certified or approved by the Human Resources/Civil Service Administration for the following: � �• t6 Appointment Effective: January 26,2016 • in the Department of: Police • Division of: Patrol 0 0.g2 t5 to th'e position of: Police Lieutenant • . (Insert One): Contingent Permanent (Insert One): Promotion • • ' (Insert One)at the: Flat • Starting Salary: $81;343 Schedule."A" .. . ' LAST JOB TITLE Detective NAME Vickie L.Smith LAST DEPARTMENT Police DATE 8/29/15 ADDRESS 32 Bame Avenue . LAST SALARY $73,485 CITY&'ZIP Buffalo,NY 14215 LAST 4 DIGITS OF SSN#:.6676 LAST JOB TITLE Police Officer NAME . Peter C.Nigrelll LAST DEPARTMENT Police DATE•7/31/97 ADDRESS 180 Bloomfleld Avenue LAST SALARY $71,117 CITY&ZIP Buffalo,NY 14220 • LAST 4 DIGITS OF SSN#: 3392 LAST JOB TITLE Police Officer • NAME Lashondra M.Roach LAST DEPARTMENT Police DATE 1/18/08 • ADDRESS 162 Goembel LAST SALARY $71,117 CITY&ZIP Buffalo,NY 14211 LAST 4 DIGITS OF SSN#: 8468 • LAST JOB TITLE Police Officer . NAME Mark M.Goodspeed LAST DEPARTMENT Police • DATE 8/1/08 ADDRESS 145 Shedandoah . LAST SAIARY $71,117 CITY&ZIP Buffalo,NY 14220 • LAST 4 DIGITS OF SSN#: 7633 ' LAST JOB TITLE , ' NAME. LAST DEPARTMENT DATE ADDRESS • LAST SALARY • $ • CITY&ZIP LAST 4 DIGITS OF SSN#: • REI=ERRED TO THE COMMITTEE ON CiVIL SERVICE • BUDGET ORG.CODE: 12005001411001 . TITLE CODE NO.: 22!10 BUDGET ACCT.OBJ : 12005001411001 . PROJ.ID. PERSONNEL REQ.NO.: 15-162 • SALARY RANGE OF POSITION: $81,343.00-$81.343.00 PER: YEARLY REASON FOR APPT.ABOVE THE MINIMUM: . . •• • NAME OF APPOINTING AUTHORITY: Daniel Derenda. . TITLE OF APPOINTING AUTHORITY: . Commissioner of Police DATE: . Janus 2 ,2016 SIGNATURE OF APPOINTING AUTHORITY:. . f -'�... _ --_......... —_----=.-_:.-..-.-_:-...---- --- -" '�'..-" ORIGINAL+3 COPIES TO: CITY CLERK'S OFFICE(ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO:COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY.TO: BUDGET •OFFICE; 1 COPY TO; DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) nu,l IVY VWIv/ 74 6.1-/MA/-6,6"7 � ,e); .-7, /L/v5 4)/1/A *r - ' _ M • Certificate of Appointment ,\\1 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo;I transmit this certification of 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 Administration for the following: fro Appointment Effective: January 28,2018 • in the Department of: Police • • • Division Of: Detective Bureau to the position of: • Detective 2 • (Insert One): Permanent . (Insert One): Promotion • ' (Insert One)at the: • Flat Starting Salary: $73,485 • Schedule"A" • LASTJOB TITLE Contingent Perm.net. NAME William Drabik • LAST DEPARTMENT Police • DATE W31/15 ADDRESS 903 Girdle Road LAST SALARY •$73,485 CITY&ZIP Buffalo,NY 14052 • • . .LAST 4 DIGITS OF SSN#: 1808 ' • LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY&ZIP • LAST 4 DIGITS OF SSN#: LAST JOB TITLE • NAME ' LAST DEPARTMENT DATE • ADDRESS LAST SALARY $ CITY&ZIP LAST 4 DIGITS OF SSN#: • LAST JOB TITLE •' NAME • LAST DEPARTMENT DATE ADDRESS • • LAST SALARY• $ • CITY&ZIP • LAST 4 DIGITS OF SSN#: • LAST JOB TITLE, NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY&ZIP • LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG.CODE: 12005001411001 TITLE CODE NO.: 2132 BUDGET ACCT.OBJ : 12005001411001 PROJ.ID. PERSONNEL REQ.NO.: 15-161 • • SALARY RANGE OF POSITION: $73,485.00•.$73,485.00 PER: YEARLY • • REASON FOR APPT.ABOVE THE MINIMUM: . • • ' NAME OF APPOINTING AUTHORITY: Daniel Miranda • • TITLE OF APPOINTING AUTHORITY; Commissioner of Police DATE: January-29r,. 1---^ll---......._........-• -"-_____—_....---- - SIGNATURE 0 ... OF APPOINTING AUTHORITY: ORIGINAL+3 COPIES TO: CITY CLERK'S OFFICE,(ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO:COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) f,u V 10 V SAX'1,J/ Certificate of Appointment ' \s,. .....r / • • 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 I Civil Service Administration for the following: 1 '-1 ' Appointment Effective: • January 26,2016 In the Department of: Police Division of: Detective Bureau • •• to the position of: Detective (Insert One): Permanent ' . (Insert One): . Promotion • (Insert One)at the: Flat • . Starting Salary: .$73,485 • • Schedule"A" • LAST JOB TITLE Police Officer NAME Donna M.Benitez • •LAST DEPARTMENT Police DATE 1/25/01 ADDRESS 201 Willow Breeze Road LAST SALARY $71,117 CITY&ZIP Tonawanda,NY 14223 LAST 4 DIGITS OF SSN#: 1980 LAST JOB TITLE Police Officer • NAME Jose L.Lorenzo LAST DEPARTMENT Police DATE 1/18/08 ADDRESS 217.Prospect Avenue LAST SALARY $71,117 CITY&ZIP Buffalo,NY 14201 LAST 4 DIGITS OF SSN#: 6216 • LAST JOB TITLENAME LAST DEPARTMENT DATE ADDRESS. LAST SALARY $ • CITY&ZIP LAST 4 DIGITS OF SSN#: • LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS . LAST SALARY $ CITY&ZIP • . LAST 4 DIGITS OF SSN#: LAST JOB TITLE NAME • LAST DEPARTMENT DATE • ADDRESS LAST SALARY $ - CITY&ZIP LAST 4 DIGITS OF SSN#: • • REFERRED TO THE COMMITTEE ON CIVIL SERVICE . • . • BUDGET ORG.CODE: 12005001411001 TITLE CODE NO.: 1 2, BUDGET ACCT.OBJ : 12005061411001 . PROJ.ID. . PERSONNEL REQ.NO.: 15.164 • • SALARY RANGE OF POSITION: $73,485.00-$73,485.60 PER: YEARLY REASON FOR APPT.ABOVE THE MINIMUM: • • NAME OF APPOINTING AUTHORITY: Daniel Derenda . TITLE OF APPOINTING AUTHORITY: Commissioner of Police • DATE: January292016.-._ . - �/ r ,--------C _..........SIGNATURE OF APPOINTING AUTHORITY: �. .ORIGINAL+3 COPIES TO: CITY CLERK'S OFFICE(ON/BEFORE APPOINTMENT.DATE) OTHER COPIES YO: 1 COPY TO:COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) rro(new vo-to) • (ty Certificate of Appointment In compliance with provisions of Section 242 of the Charter and Chapter 36.1 of the Ordinances of the City of Buffalo,I transmit this certification of appointment(s)or promotion(s), I further certify that the persdn(s)named In Schedule"A"have been certified or approved by the Human Resources/Civil Service Administration for the following: Appointment Effective: January 26,2016 . in the Department of: Police Division of: Detective Bureau . • to the position of: Detective • • (Insert One); Contingent Permanent ' • • • (Insert One): Promotion • . • (Insert One)at the: Flat • ' ' Starting Salary: $73,485 • Schedule"A" • ' • LAST JOB TITLE Poilce Officer •NAME Anthony 0.Shea LAST DEPARTMENT Police DATE 8/1/08 ADDRESS 19 Susan Lane • LAST SALARY $71,117 CITY&ZIP Tonawanda,NY 14220 LAST 4 DIGITS OF SSN#: 8825 • LAST JOB TITLE . ' NAME , LAST DEPARTMENT • DATE ADDRESS • LAST SALARY $ CITY&ZIP •LAST 4 DIGITS OF SSN#: • • • LAST JOB TITLE • NAME . LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY&ZIP • • LAST 4 DIGITS OF SSN#: LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS • LAST SALARY $ . - CITY&ZIP LAST 4 DIGITS OF SSN#: LAST JOB TITLE NAME ' • LAST DEPARTMENT DATE ADDRESS LAST SALARY $ • CITY&ZIP LAST 4 DIGITS OF SSN#: • ' . • REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG.CODE: 12005001411001 TITLE CODE NO.: 2132• BUDGET ACCT.OBJ : 12005001411001 PROJ.ID. PERSONNEL REQ.NO.: 15-160 SALARY RANGE OF POSITION: $73,485.00'-$73,485.00 PER: YEARLY REASON FOR APPT.ABOVE THE MINIMUM: • NAME OF APPOINTING AUTHORITY: Daniel Derenda • TITLE OF APPOINTING AUTHORITY: Commissioner of Police . . . . DATE: January- 2 2,0.1.6,. _ SIGNATURE OF APPOINTING AUTHORITY: . • (' - ""`�`' W ~ • ORIGINAL+3 COPIES TO: CITY CLERK'S OFFICE(ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO:COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) 1 H FROM THE COMMISSIONER OF FIRE Feb 16,2016 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 1/27/2016 FROM: DEPARTMENT: 2100 Fire SUBJECT: [:Purchase Cab&Chassis Vehicle PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) We are requesting Council approval to purchase a 2016 Dodge crew cab and chassis. We have funds appropriated to purchase this vehicle in our 12136007 474200 budget line and it is available through state contract. This vehicle will be utilized by the Buffalo Fire Department Haz Mat Unit when responding to calls. SIGNATURE I w "v f� DEPARTMEN HEAD TITLE : Garnell W.Whitfield, ommissio r of Fire cak :Permission to.Purchase Cab-and'Clrassis=Veliicie(i ire)' . - Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated January 27, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to purchase one (1) 2016 Dodge crew cab and chassis to be used by the Buffalo Fire Department Hoz Mat Unit when responding to calls. Funds are available in Account#12136007 474200. PASSED AYES 9,NOES 0 C:\UsersUmcinsla\AppDala Local\Microsofl\Windows\Temporary Internet Files\ContenLOutlook\OX32QV W6\Pemtission to Purchase Vehicle.docx • • • • • * AYE * NO * * * * • FEROLETO * * * FONTANA * * * • * * * FRANCZYK * * * * ^* * • GOLONIBEK . * * * . * * • PRIDGEN * * * * * * RIVERA * * • * * * • SCANLON * * * * WINGO • * • * , • WYATT • * * * [ ] . * Cic * * [MAJ- .5] * [2/3 - 61 * * * [3/4 - 7] . ' 1 #4(Rev 7-07) 0 037,91Pn. Certificate of Appointment 1 ~lam 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: FEBRUARY 10, 2016 in the Department of FIRE Division of FIRE to the Position of FIRE CAPTAIN - Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 80,508. LAST JOB TITLE NAME MATTHEW OSINSKI LAST DEPARTMENT DATE ADDRESS 2317 STALEY ROAD LAST SALARY CITY&ZIP GRAND ISLAND, NY 14072 LAST 4 DIGITS OF SSN. XXX-XX-8230 LAST JOB TITLE NAME STEVEN BENTON LAST DEPARTMENT DATE ADDRESS 4 JOHN PAUL COURT LAST SALARY CITY&ZIP BUFFALO, NY 14206 LAST 4 DIGITS OF SSN. XXX-XX-4087 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12135001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 2015-174 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL WHITFIELD TITLE OF APPOINTING. AUTHORITY: COMMISSIONER DATE: FEBRUARY 10, 2016 L) LSIGNATURE OF APPOINTING AUTHORITY: erf ORIGINAL+2 COPIES TO: 'CITY CLERK (ON/BEFORE APPOINTME T DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVIC J#5-BUDGET /6;4 #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT& INSPECTION SERVICES Feb 16,2016 0330 To: The Common Council: Date: February 3,2016 From: Department Permit& Inspection Services Division: Office of Licenses Subject: [: Food Store(New) [: 1036 E.Ferry(MASTEN) I Type in Upper and I [: J 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 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1036 E. FERRY (OSAMAH ALDHABYANI/BUFFALO MEATS LLC.) 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 CORAIIAITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFO Type Title: COMMISSWNER Signature of Department Head: JC:PS:jd 1 eb Interdepartmental Memo Date: February 3,2016 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Food Store at 1036 E. Ferry 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 U Fire Prevention • U Police Department Zoning Office V ire Director Permit& Inspection Services I.to '., , p _ _. ¢��) cep O • S, z1 toa _ 1 9®j CITY OF BUFFALQ J I0 SE APPLICAt N Ali.„.. 1 0, 65 Niagara Sq. City Hall .oi ` � a o,Ny 142_ r .1(-N. ;i 4 r Phone(716) 851-407'8 kik('716$51-4952 r-r r Y tti_ Type Of I+ptity 0 Sole Proprietor 0 Corporation t Pa nr�< ®� ship XLhnited Liability Company t fee - Cl Restaurant 1-200 seats $174.00 d Restaurant l ante Afee` feegeY ea. Rotatirant Take Out $ 88.00 O 201-400 seats $250.00 Q Floor Show $3450 P 01400+seats $354.44 0 Live Music $• I,;00 oud Store $115.00 -' _; A Yes 0 No Seliin! alcoholic bevera l es7 0 Mechanical $131.25 See additional questions. q CI Certificate of Inspection $56.00 A Meat Fish Poultry $150,00 1' (Public Assembly)Restaurant 50+seats Cl Public.Dance(based 04,0 it) El Caterer $ 88.00 0 Coln Control Amusement 0 GoGo Dancing $131.25 0 Bakery. #games per game $4725 0 Skating Rink $210.00 0.0-2 employees $ 63.00 0 Arcade#games perame $4725 g0 Bowling Alley per lane $31.50 4 3-10 employees $145.00 Cl Music mechanical $52.50 #lanes © 11-15 employees $157.00 • 0 Music live,no dancing $52.50 0 Billiard Parlor per table $31.50 13 26-50 employees $315.00 • 0 News Stand $63.00 #tables 0 51-200 employees $525.00 Corporation Name eV KO,'0 /1c 4 , S L 4ic.j _._,... Business Phone( ) - Busiuess Name(dba) Business Fax ( ) - Business Address(no PO Box) /0 3 & g", r6 2A Y S trr.E�`- e u FF'4-2-v /1/ / a( Mailing Address(if different) NYS Tax ID# Business Website E-Mail 0vvner(s)/Principal Partner : ,r� f 7/� �� _"317 Applicant(last first) I)W ifl3 yRN/ < °sol,4 Home Phone T/ -7/3 68C v. Home Address:(PO Box not acceptable) /66L0 ('c,0,q-D 04y ci c- Date of birth w Place of Birth Co-Applicant(last,first) Home Phone Home Address: P Bo not:acceptable) . _. Date of birth Place of Birth Dbi-/.4/ 04 ,O-re.- Describe our specific business activity in detail. fl c-r4-/L rir t Sy-DR-t.--/ rg2.S a PA•8-'9R M_I& I am aware of the obligation to provide timely notice of any change in required information,and I have.informedall owners,managers,or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial For office use only As an authorized agent of the entity identified above,I certify the Subscribed and a ern before me chi information on this form is true,correct,complete and current to the best + ay of_,.,,, r 20 /Q of my knowledge and belief. -- Print Name 47-561-M.4i( gi-b ki4.8Y4A// � •1 t �r ,. ` , tiic.1l4G1 Wc'L„fv,Ainta,ry (,(il i*C . ..... ?Signature r 1. Date //202 ; "v/� App No l � Date issued: MICHAEL J.WRONA Notary Public State of New York Qualified in Erie County /, = My Commission Expires June 09,20 . _. ,, •.., I, .„....,„:„.,._„:„.116.,.......„,00„....3,:,1„„,t4„-..1.4..e..4v:._illgiz-*4,1 • . . ...,.. .1.4.--%4-4"741:rnfr"'" r A rr,Py.ftjE .,.:T-•! •:-, ‘,--'' •r• -t.,-Jt-1,••-r,••= . ' .. • . -‘i i.1:4,..-.1____,A,,, Ci i '-• „',.,„,.;,._ .,_.'__... -L_7 r •I ,P2•14,s- qtic 4 .`: ,.. , • .1 emmor---.‘ __- _!. 4,T.-7i.IT'-.;!'"S_671 _' '' -.7,-, -''''401Arirg 443• . , . =. g'-u•r7 -• T., .-A.--•••2-- -5;..0•,•%-7.-5--' 7-;t:---(1/4• 4,L-7.- -.... '7.. 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'-: :•:,... -.....-„..,..,--- -:.....-...k.::-.7-;, L.efLiv..ame;:.-zr.---; , _,..:, : -r,-'• :"•;.., '. '--..1-. •.-;::-:-- . -. ; :1 -rt,- • '."`:.4.:4- !,,,,.p..!rilry ol.thrtr4 .•..-7.7,7• --"=-.H7..• - ,. . :..-;.:• , 7 ;t:: ,Qats..:r.tz4 zE-1 : -_:...,:,---,-,:-•-...'..-., 7.14-_-_,-.1,:,,, .62tt'z'Of Bir-th .14; 'S x..:;.--;:,:--,---.:.'- 0 b•flA -;-198 M •:- -.7---•:-I: ...:-;;; • - I: :,•'.•.: ..:.1.:„:::::7t.f.i::.;,;- ..ri...., - Card Expires: 03/28/24 .i.:;:":::. ',.',41,70V• • . • . . i i:.'1'.1--..1:'-',1-:•••:--i-,...,!.--•,:.,•:. Resident Since: 03/28/14: -. " •'' -:._."• . . • .. . '-:,..p.,,,.:.:.:,•:::.,.i,..,:-.7,-.5'.1:-. ':..''.1-'.:-.,-.-'.7..fr•-.!'..,',.'f:rt..:Z1,.---f.:•-:;. .71, ..,,,,7' ----,,-,_.,. . • • • . • • • % - . • • • . • • • , . • . . • i . • . . i . i • 1 1 • ' 7 • • . . • . . . . • . . , • . • /es APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel by the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. License Application Address/0 36E. a d- c 1 Buffalo,NY/9,-24/ DELAWARE DISTRICT— 1405 City Hall ELLICOTT DISTRICT - Darius G.Pridgen 1315 City Hall FILLMORE DISTRICT - David A. Franczyk 1408 City Hall LOVEJOY DISTRICT- Richard A.Fontana 1316-A City Hall MASTEN DISTRICT - - ---- - W----- 1414 City Hall NIAGARA DISTRICT- David A.Rivera 1504 City Hall NORTH DISTRICT - Joseph Golombek Jr. 1502 City Hall SOUTH DISTRICT- Christopher P. Scanlon 1401 City Hall UNIVERSITY DISTRICT - Rasheed N.C.Wyatt 1508 City Hall ��'Z 't Counci Personnel , g CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO,NY 14202 REVIEW TYPE: COLLECTIONS REFERRED TO: JOE LOTEMPIO APPLICATION FOR: BUFFALO MEATS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1036 FERRY EAST LOCATED AT: COUNCIL DISTRICT: MASTEN COUNCIL DISTRICT APPLICANT NAME: OSAMAH ALDHABYANI APPLICANT PHONE: (716)884-8500 APPLICATION NO: FST16-10027539 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: (y DATE: 2-��'/1/C, DISAPPROVED: DATE: DISAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR: (7,) -!V RM# If EXT it?9 PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. / 2 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: February 8,2016 0 O I. From: Department of Economic Development,Permit&Inspection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: 1125 BROADWAY(FILLMORE) Type in Upper and I [: j 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 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1125 BROADWAY and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of SALEEM YOUSUF The attached thereto for SALEEM YOUSUF/ FAMACO INC d/b/a/ CITY APPLIANCE & METAL. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFO Type Title: COMMISS ONER ("\14Signature of Department Head: JC:PS:jd ) eta Interdepartmental Memo Date: February 8,2016 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Second Hand Dealer at 1125 BROADWAY Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Second Hand Dealer application to the Common Council: Application U Application Notification U Building U Fire Zoning Police Department Police Record Check Direct Permit& Inspection Services Date I v , CITY OF BUFFALO =SEa 0 65 Niagara Sq. City Hall Room 301 N Buffalo,NY 14202 CI- -Z- 6 �M ` Q Phone (715) 851-4078 Fax(716) 851-4952 (5015.,) oU 7 T s----,-1..;;x ".- t- m All information on this form is public record BUSINESS LICENSE APPLICATION fee fee 0 Used Car Dealer $262.50 0 Tire :candler I $118.00 Tire Storage Information 10-1000 tires Inside Storage yes _no '3 Second Hand Dealer $118.00 D Tire Handler II $262.50 Outside Storage yes _no Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability 0 Scrap Processor $78.75 Insurance at least$50,000 both for personal 0 Flee Market fee injury and property damage,must contain 10 1-10 tables $ 78.75 0 Wholesale Junk ',Realer $262.50 day cancellation clause with the certificate 11-25 tables $155.00 holder as City of Buffalo,Office of Licenses +26 tables $210.00 Room 301,Buffalo NY 14202 Corporation Name r M-6 If<' , Business Phone(8) S12.---77-7 7, Business Naine(dba) e-11- l° G M71/4l6 of Yti,T, 4L � 1)Business Fax ( ) - Business Address(no PO Box) (f 2,5- bg 1 "' Mailing Address(if different) &4f FF-44.492 N: /4'211-- NYS Tax ID# Business Website E-Mail Owner(s)/Principal Partners - Applicant(last,first)— Home Phone , , ( r Home Address:(P Box of acceptable) - ,_ _ �f _ - • I I 7 i-'-j ."'• • = , Date of birth Place of Birth P A--(e.t 5 'N Co-Applicant(last,first) SA `- 'fD?'t-9 t' F HomerPhone � Home Address: (PO Box not acceptable) '' /r S y S rk 7 P i I- PST►�-("J, Al,!•-t►, (F'?2--, — Date of birth Place of Bir t/h Describe your specific business activity in detail. 0 Sea L l i � D 1 1J it A e -- ------ .... - 1 - ii;�kk Dt_t".r.:71-FS' I am aware of the obligation to provide timely notice of any change in required Subsc ed and sworn to befoceime this ty; day of gel- 20 information,and I have informed all owners,managers,or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and I __ conditions to the license or timely abatement of any nuisance activity at or associated CommVioner. Deeds in and for the with the business. Ciel ofBuff. ►- . iAs an authorized agent of the entity identified above,I certify the information on this f form is true, correct,complete and rrent to the best of my knowledge and belief. JOHN ILK Print Nail,e n[ Notary Pubilo-St-to of Now Yolk Signature Date f � `r No.011406000477 Qualified In Erie County Ray Commission Expires Dec. lu,2017 • • cam. , �`�y �ra� P �`" � < � r� �43 Y/ st'{ z"`' � 32�� . ..K.: �.ire ''� �+i• c�rY `'b Ftp r- r•rte". _Ali2" - Cl i v - ki_".1 Ste.s • • a • • • • • • • • e i • • • • • • I P-1470(REV:3/96) 1 g e4 APPLICATION RELEASE FORM TO BE MAILED TO: BUFFALO nBUFFALO, DE eARTME T f ALO,i '& Buffalo Police Department .2015 DEC 30 PM j'. 30 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: ,S A-1_55-co / /SC// MAIDEN NAME: SEX: /)Z /e. RACE: Ai---/a,(--4-- CURRENT GCURRENT ADDRESS: 9.2-‘775/C - &A6 c'l, .,�'2t-o, N i / /2 DATE OF BIRTH: SOCIAL SECURITY NUMBER: _ , .7.--- REASON FOR REQUEST: (�.,< — SIGNATURE OF APPLICANT: kld/1 `'' t DATE: /7::1 J/S^STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the .`� III Day of t,e,Thb&' ,_ 20 I Before me personally appeared Sn/k99,m ( To me known to be the same person described in,and who Executed the foregoin 'nstrument d acknowledged the executions thereof. \ J.di,ek- ),\_-. _.- .A...&(:.-0 -Notary Public/Co a ' sS�iorier of Deeds *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL*********************** RECORD ATTACHED BUFFALO, VERIFIED BY: L",..AiS NO ,e-/L- POLICE DOM RECORD DATE VERIFIED: A . 1 ( 1)1 1 ti 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. / Oc CITY OF BUFFALO SEA( 4 :.. o Department of Permit &Inspection Services 1,. January 06,20164 �_ Office of Licenses Z J' 65 Niagara Sq Rm.301 T � �T Y O� Buffalo,NY 14202 (716)851-4078 INSPECTION TYPE: POLICE REFERRED TO: MARGARET OVERDORF APPLICATION FOR: CITY APPLIANCE&METAL LICENSE TYPE: SECOND HAND DEALER `j`i 5 BUSINESS ADDRESS: 1125 BROADWAY LOCATED AT: COUNCIL DISTRICT: Fillmore District , APPLICANT NAME: SALEEM YOUSUF APPLICANT PHONE: (716)892-7777 APPLICATION NO: SHD15-10027441 REFERRAL DATE: 01/06/2016 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ..i APPROVED: DATE: 2.111(49 °/w DISAPPROVED: DATE: REMARKS: / DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: COMMISSIONER OF POLICE: wc.___ ► ....i AFTER INSPECTION PLEASE COMPLETE AND r URN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Segund Hand Dealer= 1125 Broadway`(Fiil)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated February 8, 2016, be received and filed; and That pursuant to Chapter 254 of the City Code,the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Saleem Yousuf d/b/a Famaco Inc. d/b/a City Appliance & Metal located at 1125 Broadway is hereby approved. PASSED AYES 9,NOES 0 C:\Users\IrucinskiWppData\LocaltIvticrosoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Second Hand Dealer 1125 Broadway.docx ) G1 * AYE * NO * * * * 0 FEROLETO * * * * * * FONTANA * * * FRANCZYK * * * * * GOLOMBEK * * * * • * PRIDGEN * * * * * RIVERA * * * * * SCANLON * * * * * WINGO * * * * * WYATT * * * * * ] * * * [MA.J- 5] * * [2/3 - 6] * * * [ 3/4 - 7] #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: January 26,2016 From: Department of Economic Development,Permit&Inspection Services 0 0 3 3 Division: Office of Licenses Subject: [: Used Car Dealer [: 409 HERTEL(aka 276 MILITARY)(NORTH) I Type in Upper and I [: 1 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 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 409 HERTEL (aka 276 MILITARY)and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of SARMAEL SABIR . The attached thereto for SARMAEL SABIR/dba/BALCK GOLD RESALE CENTER. This request is submitted for your approval or whatever action you deem appropriate. 1t Type Department Head Name: JAMES CO`4 e' ORD Type Title: COM t•SI•NER Signature of Department Head: JC:PS:jad ) � nterdepartmental Memo Date: January 26,2016 To: James Comerford,Commissioner From: Patrick Sole Jr.,Director of Permits&Inspection Services RE: Common Council Communication Used Car Dealer at 409 HERTEL(aka 276 MILITARY) Per City of Buffalo Ordinance Chapter 254,the following is a check list of requirements for Used Car Dealer application to the Common Council: Application Application Notification ❑ Building Inspection ❑ Fire Department U Police Department Police Record Check 11 ( Director Permit&Ind:ection Services Date .- CITY OF BUFFALO /sEac 65 Niagara Sq. CityHall Room 301 Buffalo, o oj_ g NY 14202 ,;_.E -Q=_ Phone (715) 851-4078 Fax(716) 851-4952 -•.A.„� a'�' All information on this form is public record nt dCac BUSINESS LICENSE APPLICATION fee fee 0 Used Car Dealer • $262.50 0 Tire Handler I $118.00 Tire Storage Information COMMON COUNCIL REQUIRED _ 10.-1000 tires Inside Storage yes _no 0 Second Hand Dealer $118.00 0 Tire Handler II $262.50 Outside Storage yes _no COMMON COUNCIL REQUIRED Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability 0 Scrap Processor $78.75Insurance at least$50,000 both for personal 0 Flee Market fee COMMON COUNCIL REQUIRED injury and property damage,must contain 10 1-10 tables $ 78.75 day cancellation clause with the certificate 11-25 tables $155.00 0 Wholesale Junk Dealer $262.50holder as City of Buffalo,Office of Licenses +26 tables $210.00 COMMON COUNCIL REQUIRED Room 301,Buffalo NY 14202 COMMON COUNCIL REQUIRED Corporation Name Business Phone(116 q 2)e-4,2) rs s Business Name.(dba) b LoLc,V 6-0(of Pe S(ut L.. Ce. - e. ine Fax ( ) - Business Address(no PO Box) D:4, j ),l r ,4 rt G R `b C A7 x.) 1 4 Mailing Address(if different) 91 NYS Tax ID#_;6\.....0 9' ?c f 9 Business Website ti- (A E-Mail a, , , , ,. 0 t• a 410 CO Owner(s)/Principal Partners ` v‘," Applicant(last,first) (S'ex,0 V l Sctc 0/1_0( Home Phone Home Address: (PO Box not acceptable) 3 ( iii oc,1 I €. • p-/-.4 f U C Cv,f/%qn,INAP _,Qy Date of birth Place of Birth cl(vx— ` / kL(4'\..b.c t y Z7 Co-Applicant(last,first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth 111 Describe your specific_business activity in detail. k. t. 11 %c) _�.a t IN Subscri ed and sworn to before me I am aware of the obligation to provide timely notice of any change in required yea- information,and I have informed all owners,managers,or other principals of their this da/o f/1,)co,. 20 ,6 criminal and/or civic responsibility for the timely fulfillment of restrictions and /4 _ L !� conditions to the license or timelyabatement of nuisance activity at or associated Commi•Q1`ner o a e :'s in and for the With the business. any C • of Buffalo,New York As an authorized agent of the entity identified above, I certify the information on this { form is true,correct, complete and Curren,to the a est of my knowledge and belief. 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' • • • . . . . • • • . . • • .', • '• • . . . • • . ' • • .• . • • 1 • • k . . • . • . . . • • . • , . • . . • • • 1 . } 16I APPLICATION RELEASH°RM, . TO BE MAILED TO: Buffalo Police Department E3tFt` j • IBUFFlIEU% 1 R T 1 iE�dT Identification Section 74 Franklin Street. 2016 JAN -6 PM 11 33 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 this application. Without total compliance to these instructions,you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: en' c Y 1`fit 1 �. A J i MADIEN NAME: SEX: ` e a RACE: k7� ;, 4 .�, CURRENT ADDRESS: / ' /? C'i:�' 3 /I 'V ' Ii OC. Gov') (t'a.11Ac VI,�I 1 DATE OF BIRTH: - ?- SOCIAL SECURITY NUMBER: REASON FOR REQUEST: i J 4'a r�l (i1 SIGNATURE OF APPLICANT: ...... ' / DATE: 0 ./0 6 / `7_„, I STATE OF NEW YORK) COUNTY OF ERIE) SS. CITY OF BUFFALO) ( On the 12"1I Day oft An E, .. 20 1 Before me personally appeared • ` '4-t'"rnr ci Fa I^ To me know to be the same person described in,and who Executed the foregoing instrument nd acknowledged the executions thereof. Notary Public/Commissioner of Deeds *************************************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL************************•************* 0 RECORD ATTACHED ®®n� XNO RECORD ON FILE NC) CO.=:O VERIFIED BY: C l )—...-,-----___y tom. ot__19 DATE VERIFIED: `. L ((-e NOTE:USE OF THIS INFORMATION ISNOT BASED ON FINGERPRINT IDENTIFICATION.DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. I i I BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT • DATE OF INQUIRY: 01/06/2016 13:37: NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME:SABIR, SARMAD DATE OF BIRTI RACE: SEX: ADDRESS: , SOCIAL SECURITY#: PCN: NYSID: WARRANT/WANT INQUIRY-REFER TO WARRANT#: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA FILES. ADDITIONALLY,THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. NO RECORD BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED,A NEW INQUIRY SHOULD BE MADE. PAGE: 1 APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council. Approval MUST have this Notification signed by Council Personnel by the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. License Application Address <` (PJ (ACC. ck Buffalo,NY 4004 DELAWARE DISTRICT— 1405 City Hall ELLICOTT DISTRICT- Darius G. Pridgen 1315 City Hall FILLMORE DISTRICT- David A. Franczyk 1408 City Hall LOVEJOY DISTRICT- Richard A. Fontana 1316-A City Hall MASTEN DISTRICT- 1414 City Hall NIAGARA DISTRICT - David A. Rivera 1504 City HallNORTH DISTRICT - Aoseph Golombek Jr. 1502 City Hall SOUTH DISTRICT- Christopher P.Scanlon 1401 City Hall UNIVERSITY DISTRICT- Rasheed N.C. Wyatt 1508 City Hall ri"raf ouncil Personnel Use'Car-Dealer 409 Hebei a/k/a-276 Military (North)(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 January 26, 2016, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Sarmael Sabir d/b/a Black Gold Resale Center located at 409 Hertel a/k/a 276 Military. PASSED AYES 9,NOES 0 • C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOWlook\OX32QVW6\Use Car Dealer-409 Hertel.docx J jaq • • • • * AYE * NO * FEROLETO * FONTANA * * * * * * FRANCZYK * * * * * * • GOLOMBEK . * * * . * * * • PRIl7GEN * * • •* * * * • RIVERA * * ' * * * * •. • SCANLON * * * * WINGO • * • * . * * WYATT * *• *_ * * * [ ] . * * * [MAI- 5 ] * * • [2/3 - 6] . * * * [3/4 - 7] . • 1 • • 1 • POSITION ALLOCATION MAINTENANCE FORM 1 . cr,"1 0 0 Title Chief Building Inspector Department/Division Pervait&Inspections 0 03 33 Original PR No. 2011-40 . .il Title Code No. 3160 Salary -$61,425 Budget Function No. .16550001 Reason for appointment-(check one) 121 Status Change 0 Reinstatement C Replacement 0 Extension Type-of Status Change(check one) g From Tentporary to Provisional D From Temporary to Pennatient 0 From Provisional to Permanent O From ContingentPermanent to Permanent E other Type of Appointment: Classification D. Permanent LI Exempt 0 Contingent Permanent 0 vNo Coi•ti titi p FEB 29.6 1:0155 41$irsa El Competitive Ej ProVisional 1:11 Temporary El. Seasonal REFERRED TO THE COMMITTEE ON CML SERVICE. Comments: Employee Information: ' Name Ronald.Collins Address 153 Choate Ave, . DOB City Buffalo State NY Zip Code 14220 Signature o Appoin ng Authority Date . . . , --. .S Si' ature oil:irector of Budget Date - • AO' ,,7''• , g a re Alm. ihreo orA, i Service . l' 13014**6 36SIESfl Send original copy signed by Dept.Head to Budget (‘) Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget *Applicant appointed on or after this date 0~O ) FROM THE COMMISSIONER OF PARKING Feb 16,2016 (\(\,4/ #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: //2//()Fie in the Department of Parking Division of Parking Enforcement to the Position of Parking Enforcement Officer 55A Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) ' lAkel rwu c\\G- a. (Enter Starting Salary): Starting Salary of $ 29,830 LAST JOB TITLE Seasonal Laborer II NAME Anthony Clyburn LAST DEPARTMENT Parking DATE 1/5/2015 ADDRESS 210 Brunswick Blvd LAST SALARY , $27,373.76 CITY&ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX-XX-5386 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 11413001 TITLE CODE NO 5330 BUDGET ACCT. OBJ. 412001 PROJ. ID PERSONNEL REQ. NO 2015-166 SALARY RANGE OF POSITION $24,377-$35,094 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: current salary is $27,373.76. NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 02/02/2016, 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) /51 0-0 FROM THE CITY CLERK Feb 16,2016 _ CITY F BJFFALQ OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT 1 •1 t.:... -- 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 uf c L- 2. BUSINESS ADDRESS 69, vi 3. EVENT ADDRESS (if different) SAS 4. NAME OF EVENT _AcelA" ,irj a s 5. IS THIS A ONE-TIME EVENT? (CHECK ONE) YES NO 6. DATE OF ONE-TIME EVENT /3776 7. IS THIS A RECURRING EVENT (CHECK ONE) YES NO 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND /O U /, 0 10. START TIME AND END TIME OF EVENT START/0:` ,E'''` END 3 "oo A Revised April 9,2012 /77% Restricted Use Pefrnit-69`W: Clit cwt' BiCitClic 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 March 3, 2016, is hereby approved. PASSED AYES 9,NOES 0 1% C:\UsersU i\A \Mi nrcinskppData\Locaicrosoft\Windows\Temporary Internet Files\Content.Oatlook1OX32QVW6\Restricted Use Permit 69 W Chippewa 3-3-16 event.docx - `� • • • * AYE.* N0 * * * * - • FEROLETO • * * * * FONTANA * * * *- * FRANCZYK * * * * * * • GOLOMBEK . •* * • PRIDGEN * * • * • RIVERA * * . * • * * * • SCANLON * * * * * WINGO * * . * * * * WYATT * * * * * * [ J . * * * [MAJ- 5 ] * • [2/3 - 6] • * • * * [3/4 - 7.] • •• I . •-(,)e,41 © 0336 - CITY OF BUFFALO OFFICE OF THE CITY CLERK APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511-68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. NAME OF APPLICANT T �-- -r'0,,,, s u? V C..- c.. C 2. BUSINESS ADDRESS 3. EVENT ADDRESS (if different) c N� 4. NAME OF EVENT , l 5. IS THIS A ONE-TIME EVENT? (CHECK ONE) YES NO 6. DATE OF ONE-TIME EVENT J/7 //,6 7. IS.THIS A RECURRING EVENT (CHECK ONE) YES NOrk__. 8. DATES OF RECURRING EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND /00 -- 10. 10. START TIME AND END TIME OF EVENT START/0 .3°(' END3°yd j 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 March 17, 2016, is hereby approved. PASSED AYES 9,NOES 0 • • C:\UsersVrucinskilAppDataV.ocalVvficrosoII\Windows\Temporary Internet Files\Con[entOudook\OX32QVW6Vteslricled Use Permit 69 W Chippewa 3-17-16 event docz 6 • • • • • • • . * AYE * NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * GOLOMBEK. . * * * * * * PRIDGEN • * * • * * * * RIVERA * * * * • * * ' • SCANLON * * * * * WINGO • * • * . * * * WYATT * * * • * * ] . * 01 * D * [MAJ- 5 ] • [2/3 - 6] * * * [ 3/4 - 7] . • • • • . 0 0 .' 3 0 OFFICE OF THE CITY CLERK GERALD A.CHWALINSKI City Clerk — -� SEq Registrar of Vital Statistics =0-_. 11 65 NIAGARA SQUARE _� � ,__. ROOM 1308 CITY HALL o" I— BUFFALO, NEW YORK 14202 TIANNA M. MARKS KA.;-="-14::` PHONE: (716)851-5431 Deputy City Clerk = `' = = ' $= FAX: (716)851-4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics February 8, 2016 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 January 19, 2016 No. 159 Waiver of Fee for"Buffalo Native Resource Center Egg Hunt" No. 160 Waiver of Fees for"Buffalo Native Resource Center Summer Camp" Was presented to the Mayor on January 22,2016, and returned to the City Clerk on February 3, 2016 without approval or disapproval Respectfully submitted, ,r (A.,4 — Gerald A. Chwalinski City Clerk RECEIVED AND FLED t City Clerk's'T)epaFtmei t BUFFALO January 22,2016 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. 159 PASSED January 19, 2016 Waiver of Fee for"Buffalo Native Resource Center Egg Hunt" Gerald A Chwalinski City Clerk I, PPROVED JAN 2 ; 2016 } MAYOR • e Resolution January 7, 2016 Sponsored by: David A. Rivera, Niagara District Council Member Re: Waiver of Fees for "Buffalo Native Resource Center Easter Egg Hunt" Whereas, Seneca Nations Buffalo Native Resource Center ("SNBRC") is a non-profit organization located at 135 Delaware Avenue; and Whereas, on March 19th 2016 from12:00pm to 4:00pm, The SNBRC will be hosting their annual Easter Egg Hunt at Front Park; and Whereas, the Easter Egg Hunt is a free event open to children who are interested in participating; and Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's Special Events Office. PASSED dip David A. Rivera Majority Leader Niagara District Council Member is { I • * AYE* NO * . * * * . . FEROLETO * * * * * * FONTANA * * * * * * • FRANCZYK * * * * * * • GOLOMBEK. . * * * , * * * PRIDGEN * * * * * * . RIVERA . * * . * * * * • • SCANLON * * * * * * . • WINGO * • * . * * • * WYATT * * * * * * [ ] * ( * * [MAJ- S] * V *0 . [2/3 - 6] * * * • [3/4 - 7] . • 1 . City Clerk's Department- - BUFFALO January 22,2016 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. 160 PASSED January 19,2016 Waiver of Fees for"Buffalo Native Resource Center Summer Camp" Gerald A Chwalinski City Clerk AP if ovED r. JAN 2 20161 MAYOR • fi , dz O 4i\ Resolution January 7, 2016 Sponsored by: David A. Rivera, Niagara District Council Member Re:Waiver of Fees for "Buffalo Native Resource Center Summer Camp" Whereas, Seneca Nations Buffalo Native Resource Center ("SNBRC") is a non-profit organization located at 135 Delaware Avenue; and Whereas, from July 11th, 2016—August 16th, 2016, The SNBRC will be hosting its Summer Language Camp at Front Park; and Whereas, the summer camp is a free service for native and non-native children; scheduled for weekdays Monday-Friday with daily camp hours of 8:30 am to 4pm; and Now, Therefore, Be It Resolved,that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks &Streets Department and the Mayor's Special Events Office. PASSED David A. Rivera Majority Leader Niagara District Council Member l • 1 * AYE* NO * . * * * FEROLET.O * • *. * * ' * . * . FONTANA * * * - • * * * • FRANCZYK * * * . * * . * . . GOLOMBEK. . * * * * * . • • . PRIDGEN • * * * * * * . RIVERA * * . * * . * * . • SCANLON * * * . * * • * . WINGO * ' * . * * • * WYATT * * * . * * * [ ] . * * * [MAJ- 5] Ul *0 * * [2/3 - 6] [3/4 - 7 ] . ' 0033B • • 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 261 Swah St Pucho Inc Wilter Olivencia 130 Main St Global. Spectrum&ECHDC Paul Weinberg 414 Pearl. St Tavern 414 Anthony Robert Inc 1261 Fillmore Pending Rashard Davis 59 Allen Giacobbis Cucina Citta Jacobki Enterprises 1063 Grant Showplace Theater Kevin Brooks RECEIVED AND FILED Feb 16,2016 6 ) ,opIa-rev11/13/2013 COCOFFICE USE ONLY 49 frea 0 Original 0 Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Division of Arcoholic BeVerage Control Local Municipality or Community Board State Liquor Authority (Page 1 of 2 of Form) 1, Date Notice was Sent:(rnm/dd/yyYY) I 1 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage.License ,VA New Application El Renewal 0 Alteration I 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: 1 Expiration Date,if nota New Application: 5. Applicant or Licensee Name: IPucho Inc. 6. Trade Name(if any): I 7. Street Address of Establishment: 1261 Swan St. 8. City,Town or Village: ¶Buffalo I ,NY Zip Code:114204 9. Business Telephone Number of Applicant/Licensee: 1(716)852-1648 I 10. Business Fax Number of Applicant/Licensee: I I 1 Business E-mail of Applicant/Licensee: I wolivencia716@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 oro be sold: ("X"One) 10 Beer Only 0 Wine&Beer Only 0 Liquor Wine&Beer Tavern/Cocktail LOU nge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:("X"One),D Restaurant(Sale nf fn°d Prirnan/Y;Full sales primarily,Meets legal minimum food food menu;Kitchen run by chef) . . avallability'requirements Recorded Music Live Music. X Disc Jockey 111 Juke Box Karaoke Bar 0 Stage Shows Ei Patron Dancing(small scale) 0 Cabaret,Night Club(Large Scale Dance Club) Ei Catering Facility 14. Type of Establishment: 0 Capacity of 600 or more patrons 0 Topless Entertainment 0 Restaurant E Hotel ("X"all that apply) Recreational Facility(Sports Facility/Vessel). 0 Club(e.g.Golf Club/Fraternal Org.) Ei Bed&Breakfas 0 Seasonal Establishment 15. Licensed Outdoor Area: 1 1 None [21 Patio or Deck. Rooftop n Garden/Grounds 0 Freestanding Covered Structure ("X"all that apply) 1::1 Sidewalk Cafe U Other(specify): Page 2 ,.4t06'6 onla-rev,11/13/2013 OFFICE USE ONLY i 3 49 0 Original 0 Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Division of Alcoholic Beverage Control - Local Municipality Or COMMU111000arst State Liquor Authority (Page 2 of 2 of Form) 16. List the floor(s)of the building that the establishment is located on: First floor 17. List the room number(s)the establishment is located in within the building,if appropriate: _ 18. is the premises located with 500 feet of three or more on-premises liquor establishments? Ell Yes X No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? Ei Yes Ei No 20. Does the applicant or licensee own the building in which the establishment is located?("X"One) Ex Yes(If Yes SKIP 21-24) E]No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: Pucho Inc. 22, Building Owner's Street Address: 261 Swan St. 23. City,Town or Village: Buffalo State: NY Zip Code 14204 24. Business Telephone Number of Building Owner: (716)8521848 Attorney Representing the Applicant in Connection with the Applicant's License Application Noted as Above for the Establishment Identified in this Notice 25. Attorneys Full Name: Francesca R. Falzone,Esq. 26. Attorney's Street Address: 215 Hampshire ST. 27. City,Town or Village: Buffalo State: NY Zip Code:114213 28. Business Telephone Number of Attorney: (716)881-2653 29. Business Email Address of Attorney: ffalzone25@gmail.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 30.Printed Name: Wilmer Oli encia . Title Board President Signature: x 4 ,, Pr' *rail avallifflompi - -, ..... Page 3 ,;:, 1 g ,_ , 3 ' opla-rev 01/22/16 OFFICE USE ONLY 49 Q Original 0 Amended Date ,. . .•:_I�� + or;�: _state.Liqut5.i. .. .. .Stam[ardized.NOTICE FORM..for.Providi t 30-Day:Advanced.N.otics.to a ..,: ( oP^oR1��TY. Local Municipality or Community Board Authority (Page 1 of 2 of Form) 1. Date Notice Was Sent: 0 i/C) f 0j 6, la.Delivered by: Overnight Mail with Tracking Number 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 ❑ Removal___❑Class Change For New applicants,answer each question below using all information known to date. For Renewal applicants,set forth your approved Method of Operation only. For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants,attach a list of the current and proposed corporate principals. For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation. For Class Change applicants,attach a statement detailing your current license type and your proposed license type. 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 Applicable: 3156794 Expiration Date,if Applicable: 4/30/2016 5. Applicant or Licensee Name: Global Spectrum LP and Erie Canal Harbor Development Corporation 6. Trade Name(if any): 7. Street Address of Establishment: Winter Pavilion,130 Main Street 8. City,Town or Village: Buffalo ,NY Zip Code:14203 9. Business Telephone Number of Applicant/Licensee: 716-574-1537 10. Business Fax Number of Applicant/Licensee: 732-727-5028 11. Business E-mail of Applicant/Licensee: Lfarina@skenelawfirm.com 12. Type(s)of Alcohol sold or to be sold: []Beer&Cider ❑Wine,Beer&Cider ® Liquor,Wine,Beer&Cider 13. Extent of Food Service: ❑ Full food menu; ® Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Recreation Facility/Exhibition Hall 15. Method of Operation: ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey ❑ Recorded Music ❑ Karaoke (Check all that apply) 0 Live Music(Give details:i.e.rock bands,acoustic,jazz,etc.): ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑Topless Entertainment Video/Arcade Games 0 Third Party Promoters ❑ Security Personnel ® Other(specify): tented outdoor pavilion 16. Licensed Outdoor Area: ❑ None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ® Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other(specify): . Page 2 opla-rev 01/22/16 OFFICE USE ONLY 49 Q Original 0 Amended Date ._1wEwYowK.:tstate Standardized NQ1 .EQB fpr Providtrxg.3Q�Qayik_c_Winced Notice to.a.,....,. sTATEOP 'if#i3i ;..:..,..,,. . n"TU8". Authority Local Municipality or Community Board (Page 2 of 2 of Form) 17. List the floor(s)of the building that the establishment is located on: n/a 18. List the room number(s)the establishment is located In within the n/a building,if appropriate: 19. Is the premises located within 500 feet of three or more on-premises liquor establishments? OYes QNo 20, Will the license holder or a manager be physically present within the establishment during all hours of operation? ®Yes Q No 21. If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee. Note that this is for an upgrade from a seasonal to a full year license to be held by the same licensee. 22. Does the applicant or licensee own the building in which the establishment is located? QQ Yes(If Yes SKIP 23-26) Q No Owner of the Building In Which the Licensed Establishment is Located 23. Building Owner's Full Name: 24. Building Owner's Street Address: 25. City,Town or Village: State: Zip Code: 26, Business Telephone Number of Building Owner: Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: Robert D.Skene,Esq, 28. Street Address: . Skene Law Firm,PC,2614 Highway 516,2nd Floor 29. City,Town or Village: Old Bridge State: NJ Zip Code:08857 30. Business Telephone Number of Representative/Attorney: 732-727-5030 31. Business Email Address: Lfarina@skenelawfrm.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true, 32.Printed Name: 7)1 LA Q . WC/ Title eVeCulri✓C VPJG6-de - CotLn1.cel— Signature: -X Page 3 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: Anthony Robert Inc City of Buffalo Tavern 414 Office of the City Clerk 414 Pearl St. 1308 City Hall Buffalo,NY 14202 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 2110/2016 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 - An on-premises liquor license application was filed on 1/14/2016 with the State Liquor Authority for the following premises: Applicant's Serial 3157080 Number and Name: Anthony Robert Inc Premises Address: 414 Pearl St. Buffalo,NY 14202 • 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 AU •' DATE: January 29, 2016 BY: David L. Edmunds, Deputy Commissioner FORM:L.D.3(5/11)mam i z opla-rev 01/22/16 OFFICE USE ONLY 49 0 Original 0 Amended Date 1iao Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Local Mumcipahty or Community Board .. UPPUitTUP�(fY. ��3�Y`l�� (Page 1 of 2 of Form) 1. Date Notice Was Sent: 02-6-1421 a.Delivered by: Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License ® New Application 0 Renewal ❑Alteration ❑ Corporate Change 0 Removal 0 Class Change For New applicants,answer each question below using all information known to date. For Renewal applicants,set forth your approved Method of Operation only. For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants,attach a list of the current and proposed corporate principals. For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation. For Class Change applicants,attach a statement detailing your current license type and your proposed license type. 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 Clerk's Office Applicant/Licensee Information 4. License Serial Number,if Applicable: Pending Expiration Date,if Applicable: Pending 5. Applicant or Licensee Name: B P Global Funds,Inc. 6. Trade Name(if any): Pending 7. Street Address of Establishment: 1261 Fillmore Avenue 8. City,Town or Village: Buffalo ,NY Zip Code:14211 9. Business Telephone Number of Applicant/Licensee: 716-465-5512 10. Business Fax Number of Applicant/Licensee: N/A 11. Business E-mail of Applicant/Licensee: blueprint98@gmail.com 12. Type(s)of Alcohol sold or to be sold: 0 Beer&Cider 0 Wine,Beer&Cider ® Liquor,Wine,Beer&Cider 13. Extent of Food Service: D Full food menu; ® Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Bar/Tavern 15. Method of Operation: Ei Seasonal Establishment /1 Juke Box 0 Disc Jockey 0 Recorded Music LI Karaoke (Check all that apply) 0 Live Music(Give details:i.e.rock bands,acoustic,jazz,etc.): fl Patron Dancing Employee Dancing ❑ Exotic Dancing ❑Topless Entertainment 0 Video/Arcade Games 0 Third Party Promoters ® Security Personnel 0 Other(specify): 16. Licensed Outdoor Area: ® None f Patio or Deck 0 Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) 0 Sidewalk Cafe fl Other(specify): I � Page 2 C9‘ cQ opla-rev 01/22/16 OFFICE USE ONLY 49 Q Original 0 Amended Date Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a ofI lia. ... Local atan� 0 L l M icipality or.Coi�ieounity Board «,�, t)PS°pRYUs'lti Y. �0�'l� "l, S�,3 4 (Page 2 of 2 of Form) 17. List the floor(s)of the building that the establishment is located on: Basement and Ground(1st)Floor 18. List the room number(s)the establishment is located in within the N/A building,if appropriate: 19. Is the premises located within 500 feet of three or more on-premises liquor establishments? QYes *No 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ()Yes 0 No 21. If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee. 22. Does the applicant or licensee own the building in which the establishment is located? Q Yes(If Yes SKIP 23-26) Q No i Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: Lionel)Livingston 24. Building Owner's Street Address: 442 Shirley Avenue 25. City,Town or Village:Buffalo State: NY Zip Code:14215 26. Business Telephone Number of Building Owner: 716-936-3462 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: Mary Dorsaneo-Consultant 28. Street Address: 74 Kenview Avenue 29. City,Town or Village: Kenmore State: NY Zip Code:14217 30. Business Telephone Number of Representative/Attorney: 716-874-4150 31. Business Email Address: mary.dorsaneo@verizon.net I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 32.Printed Name: Rashard Davis Title President Signature: X • Page 3 G2 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: Jacobbi Enterprises Inc City of Buffalo Giacobbi's Cucina Citta Office of the City Clerk 59 Allen St. 1308 City Hall Buffalo,NY 14202 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 2/16/2016 11:00 am Electric Tower Building SLA Hearing • 535 Washington St. Room . Buffalo, NY 14203 An on-premises liquor license application was filed on 12/15/2015 with the State Liquor Authority for the following premises: Applicant's Serial 3156976 Number and Name: Jacobbi Enterprises Inc Premises Address: 59 Allen St. Buffalo,NY 14202 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 AU •'ITY DATE: February 4, 2016 BY: David L. Edmunds, Deputy Commissioner FORM:L.D.3(5/11)mam rev 10/23/13 OFFICE USE ONLY 49 Q Original 0 Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a E Executive Department Local Munici•all or Communit Board Division of Alcoholic Beverage Control , _ (Page 1..of:2 of Firm,) <: ,.,5tateLiquorAuthority ., .. 1. Date Notice was Sent:(mm/dd/yyyy) C �S 2-o 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License New Application 0 Renewal 0 Alteration 0 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 O./ ry Applicant/Licensee Information 4. License Serial Number,if not New Application: Expiration Date,if not New Application: 5. Applicant or Licensee Name: ‘ir27,1-1%�'� ePt-57 4. p� 6. Trade Name(if any): ,..---74-4(,v/.JLi1 GC=® 7. Street Address of Establishment: /0 —/OZ, ei T '® 8. City,Town or Village: c#'Ff 4'4 ANY Zip Code: /(7/2-0 9. Business Telephone Number of Applicant/Licensee: C7/&) f o2- — -2ZQy' 10. Business Fax Number of Applicant/Licensee: 1 11. Buisness E-mail of Applicant/Licensee: era 671..Ja"2le? l ho cow 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 Restaurant(Sale of food primarily; Tavern/Cocktail Lounge/Adult Venue/Bar(Alcohol 13. Extent of Food Service:("X"One) El food menu;Kitchen run by chef) sales primarily;Meets legal minimum food availability requirements) ❑ Recorded Music 14 Live Music ❑ Disc Jockey ❑Juke Box [] Karaoke Bar ❑ Stage Shows ❑ Patron Dancing(small scale) K1 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 FacilityNessel) [] 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) [I Sidewalk Cafe ❑ Other(specify): Page 1 rev 10/23/13,: OFFICE USE ONLY c 49 '` - 0 Original Q Amended Date State of New York Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a Executive Department Local Municipality or Community Board Division of Alcoholic Beverage Control . . ........... . ....... ...... .. .... (Page./of 2-of Form).. ` .State LSquor'AutHority _ ; , 16. List the floor(s)of the building that the establishment is located on: ,our,,e, r=LAd4/AtteA•ttGlvf" O 17. List the room number(s)the establishment is located in within the /OP building,if appropriate: X18. Is the premises located with 500 feet of three or more on-premises liquor establishments? 1: Yes No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? 'Yes 11 No 20. Does the applicant or licensee own the building in which the establishment is located?("X"One) ❑ Yes(If Yes SKIP 21-24) hili No Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: 1.6'�,ce'x/��— .??,0,6.itry ,t4�"n'e� t_.(._- C-- 22. Building Owner's Street Address: ,'3 V( _ce- - z� $ ��J ie(--d State m' Zip //2--4.)23. City,Town or Village: 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: -P4iVib Di `6 26. Attorney's Street Address: lamb tr o/etocO ,/V -- 27. City,Town or Village: /?j v r=-a=-,a a State: NMI. Zip Code: //we 28. Business Telephone Number of Attorney: (... ')((o) Z?©- 7/l17 29. Business Email Address of Attorney: Cid/2—& a,4 q0, CO)44 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 i in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 1 30.Printed Name: �, �_dm Title ` J j. C[66X.1T Signature: X m ! i ) it Page 2 0 0 3 y ") 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- Stephanie Feliciano Kate McKeating Arwen Marlette 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. Feb 16,2016 LON SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 28, 2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : UNPAID LEAVE OF ABSENCE I •: PRIOR COUNCIL REFERENCE: (IF ANY) I : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Cell Block Attendant Stephanie Feliciano, assigned to City Court Lock-up,has been granted a medical leave of absence without pay for the period of 10 days commencing January 22,2016,2016 through February 1, 2016. • DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e(10/12) a .h 4 h J \s ja} � f P Y2 � .��lYh._J h ff5 �. , , l �:7 iti23 S \ J K7 f 1iZ 4;k 5 r� u�T�,YIf' a }n ;`! t t e \ � SMT ..�i:✓ c f �'h } s I f Oi r k}' a L.: -ir,h�. ...<�'.._ .�.. _.... .X.?:k..�,t,.a„ :��.F. e«., n ,rr,�., ..ti f...<..�5�:� _.... 5�s�z �..<, .�.>�k�.€,n.�.�a..,.. .��x...a. DATE: ll a ; I NAME: ‘k ,.�� O\6)\ t e.\‘C 061- RANK: C . 'J • / \ *SSN: XXX-XX- i} ASSIGN: C\\ \�1 U(: , *LAST FOUR(4)DIGITS ONLY* TYPE OF LEAVE: EDUCATIONAL D MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA(SEE BELOW) ❑ MEDICAL q (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE(FMLA)IS A 12 WEEK LEAVE(THE INTERMII'1'hNT 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 A 1'1'bNDANCE 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: 1 \ 6 a j 11J2 END DATE: .:� Al Ile .ii d RETURN TO WORK DATE: rr iunthriiu, I CO LENGTH OF LEAVE: (7)1419•67,07, I I dattS' 7 AP _-...1_poi" .0 .J . . ` EMPLOYEE SIGNATURE 12-/APPROVED/0 DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) 72 ± 7/ ATE 6,:,POLICE/INSPECTOR APPROVED/❑DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP RTMEN AL EQUIPMENT) 4 COMMISSIONER OF POLICE DATE cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 2. 2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : UNPAID LEAVE OF ABSENCE I : PRIOR COUNCIL REFERENCE: (IF ANY) I : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Kate McKeating, assigned to the Commissioner's Office(Video Surveillance Room), has been granted an extension to her medical leave of absence without pay for the period of 36 days commencing February 2, 2016 through March 9, 2016. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner off Police SIGNATURE OF DEPARTMENT HEAD: P 12e(10/12) ' x y :s:, y;s 'nt x�.sti h :,a°v� «4 �3 rt ;sEAX ,.,.ku :s '- t5 4 n h ;, Y;G Y },d S M,a Mas" a ittEa xis sig . s' fs S y 3 S t x sr 5 '44 x �.C�X�f3 yC t ``�'� s® �" ,,�f t� .4's'?. .1: ^.® � .;. 5 .,... . �.,z�.s.r'., .i Vis: ..:'» -n°s...x.�� ,.,.i%» �,,f`o, �, R �:w FrtE...:�r�A..3s z�— z i� a'4t a,�.a.n•+��Ex:�.... .d... �' . DATE: 6416 �•�,�- Pe) NAME: Kia.t6 PlRANK: *SSN: XXX-XX- 3b6,6 ASSIGN:( , / *LAST FOUR(4)DIGITS ONLY* 17 TYPE OF T,EAVFE: EDUCATIONAL ❑ MATERNITY 0 EMPLOYMENT ❑ PERSONAL 0 FMLA(SEE BELOW) 0 MEDICAL If(MUST ATTACH MEDICAL MILITARY 0 (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 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: < l END DATE: 9 RETURN TO WORK DATE: /6 /6" LENGTH OF LEAVE: L p 1 5 ifA)(eitt4---- E� i'LO E S G A URE y� sifcAPPROVED/❑DENIED ( PPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) — (71(:Z. 76 ,,,"*C2-c---(POLICE INSPECTOR DATE PROVED 5ENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP• : M TAL EQUIPMENT) r sr_ COMMISSIONER OF POLICE DATE Cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 4. 2016 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : UNPAID LEAVE OF ABSENCE I : PRIOR COUNCIL REFERENCE: (IF ANY) I : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Arwen Marlette, assigned to the E-District,has been granted a medical leave of absence without pay for the period of 27 days commencing February 6,2016 through March 3, 2016. DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e(10/12) 02 i$$..s��et. �� h •rc It x�4 mx #�"errd w`��«3 F DATE: 4 Ft of LIQ NAME: dimly)Y( ) P16L lL RANK: Po *SSN: XXX-XX- b I09 ASSIGN: E Dls� tripA *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 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: look it pareorrn phviecd 6uthg. 0pakti p t'k.A1a - F1fr ie a Tef)aft Og- woo: I2.-II, vUKS +be hern uteri caste,. DATES OF LEAVE: BEGINNING DATE: CD Feb END DATE: a mg_ko Uo RETURN TO WORK DATE: yy J D ; 7 M/ LENGTH OF LEAVE: `T'`I Ig uc sCACC) 4±j EMPLOYEE SIGNATURE APPROVED/0 DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) 9 • 7 POLICE INSPECTOR ATE APPRO ED/❑DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPART NAL EQUIPMENT) COMMISSIONER O CE DATE cc: ORIGINAL—ADMINISTRATION AND FINANCE(PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER oo qo No. Notices of Appointments- Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Feb 16,2016 , 60#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: 2/1/16 in the Department of Public Works, Parks &Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE Lifeguard (Seasonal) NAME Jordan Ernest LAST DEPARTMENT DPW DATE 9/15 ADDRESS 17 Minton St. LAST SALARY $12.85 CITY&ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX-XX-1500 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 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-078 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ;„ Steven J. Stepniak TITLE OF APPOINTING.AUTHORITY: Commissioner DATE: 1/29/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 CS SIE 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) #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: c�', --I(coat_ in the Department of Parking Division of Parking Enforcement to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary): Starting Salary of $ 13.09/hour LAST JOB TITLE NAME Sarah Kapanek LAST DEPARTMENT DATE ADDRESS 58 Columbus Ave Lower LAST SALARY CITY&ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX-XX-0233 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 11413001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-148 SALARY RANGE OF POSITION $13.09/hr PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING.AUTHORITY: Commissioner DATE: 02/02/2016 SIGNATURE OF APPOINTING AUTHORITY: R` sf/ 1474/' 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) #4(Rev 7-07) Certificate of Appointment In 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: 0-1:3/1& in the Department of Parking Division of Parking Enforcement to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 13.09/hour LAST JOB TITLE NAME Thomas R Betts LAST DEPARTMENT DATE ADDRESS 219 Hutchinson LAST SALARY CITY&ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX-XX-5203 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 11413001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-156 SALARY RANGE OF POSITION $13.09/hr PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: . NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING.AUTHORITY: Commissioner DATE: 02/03/2016////-; 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) / W#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: ( -2,1 3 I I CO in the Depaitment of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME Isaiah Jefferson LAST DEPARTMENT DATE ADDRESS 130 Auburn Ave. Apt. #4 LAST SALARY CITY&ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX-XX-2540 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 $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: . NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 16 SIGNATURE OF APPOINTING AUTHORITY: : , f if / I C s....... li/14-- ORIGINAL+2 COPIE 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) #4(Rev 7-07) ,C? 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: Ai 1 4`0 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) SEASONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum,Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME Michael Torre!! LAST DEPARTMENT DATE ADDRESS 54 Culver Dr. LAST SALARY CITY&ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. .XXX-XX-3394 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 $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2/5/16 ;� e..._... .. SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: Sri CLERK,(ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) k, #4(Rev 7-07) e9-3 , 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: /11, l0 in the Department of Public Works, Parks &Streets Division of Water to the Position of Water Service Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 • LAST JOB TITLE NAME Jere! Williams LAST DEPARTMENT DATE ADDRESS 64 Hamlin Rd. LAST SALARY CITY&ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX-XX-0007 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 53003611 TITLE CODE NO 470J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-088 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: X04 Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 2/3/16 SIGNATURE OF APPOINTING AUTHORITY: 6#1,6;461//4444t; 6 J /11 //444"l 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) OOS91 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Feb 16,2016 #3 (Rev 1-02) 1-1 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 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: February 1, 2016 in the Department of Assessment and Taxation Division of to the Position of Account Clerk Typist Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non-Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP (Enter Starting Salary): Starting Salary of: $35,403 LAST JOB TITLE Employed in Private Sector NAME Boualivone Serixay LAST DEPARTMENT N/A DATE ADDRESS 115 Ontario Street LAST SALARY CITY&ZIP Buffalo, New York 14207 LAST 4 DIGITS OF SSN. XXX-XX-7470 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY&ZIP LAST 4 DIGITS OF SSN. XXX-XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0401 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-139 SALARY RANGE OF POSITION $35,403 -$39,164 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Martin F. Kennedy TITLE OF APPOINTING.AUTHORITY: Commissioner DATE: January 15, 2016 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#5-COMPTROLLER #6-HUMAN SERVICES/CIVIL SERVICE #7-BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) #3 (Rev 1-02) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo,I transmit this certification of appointment(s)or promotion(s).I further certify that the person(s)named in Schedule"A"have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 2/18/2016 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non-Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM lEnter Starting Salary) : Starting Salary of: $34,013 LAST JOB TITLE NAME Quinton J McClain LAST DEPARTMENT DATE ADDRESS 124 Kelburn Street LAST SALARY CITY&ZIP Buffalo, 14206 LAST 4 DIGITS OF SSN. XXX-XX-3604 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 10319001 TITLE CODE NO 0015 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-138 SALARY RANGE OF POSITION 34,013-37,379 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Oswaldo Mestre Jr. TITLE OF APPOINTING. AUTHORITY: Director, Citizen 'ces DATE: 2/2/2016 SIGNATURE OF APPOINTING AUTHORITY: Of‘t—t� ORIGINAL+3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#5-COMPTROLLER #6-HUMAN SERVICES/CIVIL SERVICE #7-BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) #4(Rev 7-07) 3 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: 02/08/16 in the Department of Human Resources Division of Civil Service to the Position of Personnel Assistant(Civil Service) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) M -NT Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 37,120 LAST JOB TITLE NAME Luis Hernandez LAST DEPARTMENT DATE ADDRESS 851 Columbus Pkwy LAST SALARY CITY&ZIP Buffalo, 14213 LAST 4 DIGITS OF SSN. XXX-XX-2776 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 12554001 TITLE CODE NO 1371 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-170 SALARY RANGE OF POSITION $37,130-$41,459 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gladys G Herndon-Hill TITLE OF APPOINTING. AUTHORITY: Commissioner of Human Resources DATE: 02 J y'j'IU(' SIGNATURE OF APPOINTING AUTHORITY: in Q,l,� /j'14/ 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) #4(Rev 7-07) • 4-4 Certificate of Appointment 9 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: FEBRUARY 8, 2015 in the Department of COMMUNITY SERVICES Division of CONTRACT ADMINISTRATION to the Position of HUMAN RESOURCE PLANNER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT._G6 Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 47,107 LAST JOB TITLE NAME LISA M. YAEGER LAST DEPARTMENT DATE ADDRESS 1461 AMHERST ST LAST SALARY CITY&ZIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX-XX-9359 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 155010014 TITLE CODE NO 9705 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-153 SALARY RANGE OF POSITION 47,107-54,073 PER YEAR DAY HOUR YEAR REASON FOR APPT.ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: OTIS T. BARKER TITLE OF APPOINTING. AUTHORITY: DEPUTY COMMISSIONER DATE: ,�3`/b I SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO:#3-COMPTROLLER #4-HUMAN SERVICES/CIVIL SERVICE #5-BUDGET #6-DEPARTMENT #7-DIVISION #8-EMPLOYEE(S) #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: 2/1/16 in the Department of Mayor's Office of Strategic Planning Division of Executive to the Position of HUD Grant Program Administrator Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 48,445 (Step 1) LAST JOB TITLE NAME Rashika L. Hall LAST DEPARTMENT DATE ADDRESS 614 Wyoming Avenue LAST SALARY CITY&ZIP Buffalo, 14215 LAST 4 DIGITS OF SSN. XXX-XX-4490 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 10314001 TITLE CODE NO 0556 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-002 SALARY RANGE OF POSITION $48,445(step 1) PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Brendan Mehaffy TITLE OF APPOINTING. AUTHORITY: Executive Director DATE: 2/1/16 SIGNATURE OF APPOINTING AUTHORITY: � ►.. i t 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) POSITION ALLOCATION MAINTENANCE FORM Title Truck Driver(Streets) / „ Department/Division Public Works,Parks&Streets,Division of Streets l�' Start Date Original PR No. 2015-154 Title Code No. 6021 Salary $24,377(Step 11) Budget Function No. 52002601-411001 Reason for appointment(check one) Z Status Change ❑ Reinstatement C] Replacement ❑ Extension Type of Status Change(check one) Eg From Temporary to Provisional From Temporary to Permanent ❑ From Provisional to Permanent Ej From Contingent Permanent to Permanent C Other Type of Appointment: Classification ❑ Permanent ❑ Exempt ❑ Contingent Permanent 0 Competitive Eg Provisional ❑ Non-Competitive JHH29'15 12x26 37S BM ❑ Temporary • ❑ Seasonal Comments: Employee was on PR#2014-126. Employee Information: Name Darryl Glasco SS# 2862 Address 12 Camelot DOB City Buffalo State New York Zip Code 14214 _-.--- ignatWre-of Appointing—Authority Date, - - _— (- / r ignaturre of Director of Budget Date / 14/ 74 //e;i2 9:/12 ignatu, of Adm.Director • -toil ' e Date Send original copy signed by Dept.Head to Budget. Send or e-mail Civil Service a copy When,approved copy is returned,send a copy to Audit along with file maintenance form,City Clerk and Budget #4y \V Y (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: 4 1 I L n in the Department of Public Works, Parks & Streets Division of Parks to the Position of Park Utility Worker Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE NAME Ian Danieu LAST DEPARTMENT DATE ADDRESS 213 Okeli St. LAST SALARY CITY&ZIP Buffalo 14220 • LAST 4 DIGITS OF SSN. XXX-XX-9271 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 14160001 TITLE CODE NO 9201 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-152 SALARY RANGE OF POSITION $24,377 -$38,615 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1/21/16 SIGNATURE OF APPOINTING AUTHORITY: �,� "t_,., : ORIGINAL+2.&PIES 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) POSITION ALLOCATION MAINTENANCE FORM Title Equipment Operator Department/Division Public Works,Parks& Streets,Division of Streets Start Date I Original PR No. 2015-155 Title Code No. 6040 Salary $24,377(Step 11) Budget Function No. 15030001-411001. Reason for appointment(check one) IZ Status Change [ Reinstatement ❑ Replacement ❑ Extension Type of Status Change(check one) From Temporary to Provisional ❑ From Temporary to Permanent ID From Provisional to Permanent ❑ From Contingent Permanent to Permanent C Other Type of Appointments Classification ❑ Permanent ❑ Exempt ❑ Contingent Permanent Competitive EI Provisional C Non-Competitive H Temporary FEB 2'16 19:551isC1 Seasonal Comments: Employee was on PR#2015-096. Employee Information: Name Lawrence Williams SS# 7743 Address 331.Phyliss Ave, DOB City Buffalo State New York Zip Code 14215 1 / c_ � 1. Sii a - of Appointing Authority Date CP/cil7(PSignature of Director of Budget Date Asof � .ignatur m. i reetor • - Service Date { Send original copy signed by Dept.Head to Budget Send or e-mail Civil Service a copy When a ppacopy is returned,send a copy to Audit along with file maintenance form, City Clerk and Budget NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS Feb 16,2016 ASO Subject: Public Notice:TIP Amendment#37,#38,#39,#40 and#42 If you're having trouble viewing this email,you may see it online. Share this: ;: k¢'r 6x . aft +�� YY r q p F ✓ q I t • su. ?RkC,FPHAi 7RA11 PQR7A{IQP{GoUwe.t4 44. PUBLIC NOTICE: TIP AMENDMENT#37, #38, #39, #40 and #42 GBNRTC TIP Amendment#37: PIN 5812.87 Drainage Improvements over Rt. 240 from Potters Rd to Cazenovia Creek—New Project . The Greater Buffalo-Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is proposing to amend its current 2014-2018 Transportation Improvement Program (TIP) by adding one (1) project. PIN 5812.87 Drainage Improvements over Rt. 240 from Potters Rd to Cazenovia Creek will improve the drainage along the corridor to eliminate the extensive ponding of storm water during rain events by installing a new enclosed drainage system along the east side of NY Route 240 between Loxley Court and Fairfax Drive. Let date will be 12/16. Total construction cost is$0.354M ($0.284M federal NHPP + $0.070M State match). The offsets for adding PIN 581287 to the STIP are as follows: • Delete PIN 5V1653 (VPP—Rt. 62 from East of Mavis Drive to Rt.429)from the STIP, which has been removed from the Capital Program • Delete the Detailed Design Phase of PIN 581254 (Paving of Walden Ave from Rt. 277 to CSX Bridge)—funds are no longer needed. Fiscal constraint is maintained. Full details, including change form, IPP, and map are available on our website. Public comments for this project will be received through February 24, 2016. 1 1 If you have additional questions please email us at staff©gbnrtc.orq, or contact us at the address and telephone number below. GBNRTC TIP Amendment#38: PIN 5757.09 Resurfacing of Lockport Street from Main St to Seneca Ave—Minor Scope Change The Greater Buffalo-Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is proposing to amend its current 2014-2018 Transportation Improvement Program (TIP) by modifying the scope of one (1) project. PIN 5757.09 Resurfacing of Lockport Street will change the project limits from Seneca Ave to North Ave. In addition, the let date will be advanced from 6/13/17 to 9/13/16. Total project cost(C & CI) is $1.330M ($1.064M federal STP Large Urban + $0.266M local match). In order to advance the project let date and maintain fiscal constraint, construction for PIN 5809.52 Guiderail Replacement is being delayed from FFY16 to FFY17 and ROW Acquisition for PIN 5755.57 John Daly Extension is being delayed from FFY16 to FFY17. Full details including change form are available on our website. Public comments for this project will be received through February 24. 2016. If you have additional questions please email us at staff©gbnrtc.org, or contact us at the address and telephone number below. GBNRTC TIP Amendment#39: PIN 5760.93 Clarence Sidewalks Route 5: Transit to Sheridan—Cost Increase, Project Deletion The Greater Buffalo-Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is proposing to amend its current 2014-2018 Transportation Improvement Program (TIP) by modifying one (1) project. PIN 5760.93 Clarence Sidewalks Route 5: Transit to Sheridan will increase the cost of the project by$0.447M due to a low initial estimate. Total project cost(C & CI)will be$0.907M ($0.727M federal STP Flex/TEP/HSIP + $0.180M local match). In order to maintain fiscal constraint: • $0.269M of STP Flex funds will be moved from PIN 580998,B/P Block SFY 18/19. This project will no longer contain any funding and will be deleted. • $0.029M of STP Flex funds will be moved from PIN 5809.99 B/P Block Project SFY 19/20. • $0.072M of HSIP funds will be moved from PIN 5T16.36 HSIP Ped Signal Program. All matching funds will be the responsibility of the Town of Clarence. PIN 580998, B/P Block SFY 18/19 will no longer contain any funding and will be deleted. Let date will be 9/15/16. 2 S:;;?1' Full details including change form are available on our website. Public comments for this project will be received through February 24, 2016' If you have additional questions please email us at staff@gbnrtc.org, or contact us at the address and telephone number below. GBNRTC TIP Amendment#40: PIN 5761.30 Bridge Painting and Repairs—Advance, Cost Increase, Project Deletion The Greater Buffalo-Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is proposing to amend its current . 2014-2018 Transportation Improvement Program (TIP) by modifying one(1) project. PIN 5761.30 Bridge Painting and Repairs will make the following changes: •Advance the letting from 4/15/17 to 5/19/16 •Add $1.070M to C&CI phases • Delete PIN 5760.54 Bridge Painting of BIN 3327260 In order to maintain fiscal constraint: • PIN 5760.54 Bridge Painting will transfer$0.675($0.540M STP Off System Bridge + $0.135M local match) and that project will be deleted. • PIN 5760.23 Local Bridge Maintenance SFY 16/17 will be reduced by$396k(matched STP Off System Bridge and STP Flex). • PIN 5753.74 North Forest Rd will move$594K(matched) C & CI funds from FFY16 to FFY17 (new let date 6/15/17) Total project cost(C &'CI) is $1.670M ($1.336M federal STP Off System Bridge/STP Flex + $0.344M local match). Full details including change form are available on our website. Public comments for this project will be received through February 24. 2016. If you have additional questions please email us at staff( gbnrtc.org, or contact us at the address and telephone number below. GBNRTC TIP Amendment#42: PIN 5810.04 Reconstruction of Rt. 952T(Sweet Home Rd)from Maple Rd to UB Entrance The Greater Buffalo-Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is proposing to amend its current 2014-2018 Transportation Improvement Program (TIP) by modifying one (1) project. PIN 5810.04 Reconstruction of Rt. 952T (Sweet Home Rd)from Maple Rd to UB Entrance will increase the Construction & Construction Inspection costs to match the PS&E submission. In addition, the letting date will be advanced from FFY17 to FFY16. The federal funding source is also changing from all NHPP to STP Flex& HSIP. 3 d*C1>'.1 Let date will be 4/16. Total project cost(C& CI) is $4.032M ($3.349M federal HSIP/STP Flex+ $0.683M State ,.....,. .. match Offsets are as follows: PIN 5101.86 Rehab of Rt. 219 bridges in Erie County is being delayed from FFY16 to FFY17 and PIN 5808.03 Drainage Block for all Counties in Region is being deleted. Fiscal constraint is maintained. Full details including change form are available on our website. Public comments for this project will be received through February 24, 2016. If you have additional questions please email us at staff@gbnrtc.org, or contact us at the address and telephone number below. 438 Main Street,Suite 503 I Buffalo,NY 14202 I Ph: 716.856.2026 .,f.._.. z#_.r s„s'> -,�_,wj.,_ :. _....._,:i�...�...._.� s rs1. ..�? ..�._tw. . _...., _ ......�:;;:; This email was sent to gchwalinski@city-buffalo.com.To ensure that you continue receiving our emails, please add us to your address book or safe list. manage your preferences I opt out using TrueRemove®. Got this as a forward?Sign up to receive our future emails. email marketing by I-Evolve powered byernma RECEWED AND FLED 4 Montour,James E. 0 0 3 4 . From: Mohammed Humayun <kabir0463@gmail.com> Sent: Thursday, February 11, 2016 3:49 PM To: Montour,James E. Subject: Re:Intentions for 413 Sherman Street Hello Dear, I am respectfully inform you that, I received your letter today Feb lith/16 However, Thank you for your kind information about the letter, I am Mohaammed Kabir owner of 413 Sherman St, I bought this for organization for Humanitarians Cultural Center, I Try to help and Build City and my Family at Buffalo Resident I was doing works at place all exterior with permit and Engineer Report which is submitted to city of Buffalo Inspection and permit Department Including housing court . on 2013 You can see the front and back my guys renovating the Facades and trims with cleaning all Necessary looses from top Singles/slates In the mean time Mr Michael Muscarela Inspector had done with me and my workers that's like personally--- --- Inspector asked My crew take down all new Masonry column's and I my self asked Inspector and showed to him how and what materials we used He don't want here ? and He made statement to Housing court is not consistence and housing court did not asked anything to me did not verify and very obviously that all papers in record but the way express the sentiment by Hon, Housing Court Judge and talk look like I am one of Big enemy of the city also in presence of Commissioner Jaime Comfort and In front of my family and others my partners at City hall Inspector Paul Cruze asking to me why I am buying all property at buffalo , few time I went to Housing court with my Architect, court don't want here and issued Demo and fine me How ever we are the peoples working hard and clean&build city, state with my own money For your Kind information I am giving some of my Experience and capacity of ability I am in business since 1994 I build over all NY City most of high Rise Masonry Building ( 1 I am fully aware all Building Code I invested Money for my Family and my child all in Residences at Buffalo City we have more over new hundred family moved there+others villager followed me any way Back on 2011 Council men office called me attend meeting and I respect and Joined at meeting back from India The way City official treating nations is not proper and right NYC Official to help peoples to Build City and coordinating with Major minority Community peoples to become Healthy and healthier the Neighbors. Buffalo City Water Board completely Different issue/we have bad experience I have lost my energy to build as we all thought I lost my partner Due to all Inconvenience Due to miss behaves by city officials and non cooperation of inspection Department all of members are backups this point Mr. Inspector Muscherala call Media with Defer ant, view and put/hang sign in front of Building with vacate Notice there few others issued also at others many area at city. This is all my emotion and all my experience I do earn at city of Buffalo Thanks again On Thu, Feb 11, 2016 at 1:45 PM, Montour,James E. <jmontour@ch.ci.buffalo.ny.us>wrote: Mr. Kabir, As per our conversation,please email me a written statement regarding your intentions for 413 Sherman Street, Buffalo,New York. I will forward your response to the Buffalo Common Council in lieu of your absence from the February 23, 2016 Common Council Community Development Committee meeting. 2 61 Also,below are the dates for the following 3 Common Council Community Development Committee meetings: March 8, 2016 at 1pm March 22,2016 at 1pm April 5,2016 at 1pm Please let me know if there is a date we can expect you to attend. Common Council Community Development meetings take place in Buffalo City Hall Council Chambers, 65 Niagara Square, Buffalo,New York 14212. Thank you, Jim Montour Legislative Assistant Buffalo Common Council (716) 851-4186 imontour@city-buffalo.com REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.. 3 00 Registered Sex Offender Awareness Task Force CHAIRMAN — KEYON LEE We the appointed members of the Registered Sex Offender Awareness Task Force per the Common Council of the City of Buffalo Resolution dated November 17, 2015 have been directed to submit a report of our recommendations on improved registry notification no later than February 11, 2016. After having deliberations per the Common Council Directive on the following dates December 10, 2015, January 7, 2016 and February 4, 2016. Do hereby submit the following recommendations: I. Recommendation #1 Improving Registry and Notification 1. A hard copy of DCJS Sex offender Registry to be sent to All Buffalo Public and Charter Schools, Community Centers and Block Clubs annually, by the Buffalo Police Dept. The BPD will create a PDF file specific to Buffalo that will be reproduce by Buffalo Public Schools. 2. As offenders are added to the list and released into the Community a notification be sent the Distribution list. II. Recommendation#2 Education In our research it was determined that Notification without Education would not be as effective.This recommendation seeks to Educate and Empower youth to notify appropriate authority when inappropriate actions take place. 1. We recommend that the Buffalo Public and Charter Schools be directed to review existing models of Sex Abuse Awareness Training as conducted by other School Districts { (IE Diocese of Buffalo, NYC Child Welfare agency)and implement the training as a shared practice for ALL Buffalo Students. 2. A copy of the Sex offender registry be placed in Parent room of all schools. 3. An Annual Connect Ed call informing Parents of where to find the registry(Hard Copy and link to State website). Ill. Recommendation 3 Close Loop holes 1. We recommend that the Corporation Council be directed to advise the Council on ways to close loopholes that allow known sex offenders to circumvent being on registry. (IE Plea bargains that don't include known sex offenses) ofNiCIQ-516,Rizy N, d (44 ocz-t, --(telo a fide ° C 10 fje uffato (Common (ouuctt CHRISTOPHER P. SCANLON CHAIRMAN SOUTH DISTRICT COUNCIL MEMBER -O , O FINANCE 65 NIAGARA SQUARE,1401 CITY HALL ��+ < ' Q. 'I TRANSPORTATION `�' �' BUFFALO,NY 14202-3318 '`4 _ WATERFRONT DEVELOPMENT PHONE(716)851-5169 A FAX (716)851.4294 � �"' COMMITTEES E-mail:cscanlon®city-buffalo.com C� _ pF BUDGET CIVIL SERVICE LEGISLATIVE ASSISTANTS •PEGGY SHEA JUSTIN STEINWANDEL February 12,2016 Dr.Kriner Cash,Superintendant Buffalo Public Schools 65 Niagara Square,Room 712 Buffalo,NY 14202 Dear Dr.Cash: In late November, after The Buffalo News reported that an alleged violent, sexual assault against a third grade student by fifth grade students occurred on a bus transporting BPS students home, I filed a resolution with the Buffalo Common Council urgingthe Buffalo Public Schools and First Student to work together to staff each school bus with a minimum of one bus aide. On January 22, 2016, I was horrified and furious to read of yet another, separate alleged assault occurring on a district provided school bus.Joined by Councilmembers Richard A.Fontana • • and Ulysees O. Wingo, Sr., I stood on the steps of city hall demanding answers from the district. I was assured 1 district representatives would attend the next Buffalo Common Council Education Committee meeting to provide an update in regards to staffing each bus with an aide. 3 Yesterday, the Education Committee meeting was held and very few answers were provided. In three months, I, along with the public, have been made aware of two separate allegations of sexual assaults occurring on district provided busses that were not staffed with bus aides. These are only the allegations I have been made aware of,I fear other incidents can potentially be taking place that I am unaware of.How many children have to be assaulted on their way to and from school for the district to feel inclined to take action? Does.a child need to die before the Buffalo Public Schools will move to protect our children? As an official elected to represent the residents of Buffalo,I feel it is my duty to question why no member of your highly paid cabinet has been able to answer questions regarding the lack of hiring of bus aides and provide a solid plan for staffing busses? The Buffalo Common Council allocates $70 million taxpayer dollars annually to the Buffalo Public Schools. I assure you that the taxpayers I represent would like to see that money used towards educating and ensuring the safety of our children, not paying the salaries of administrators who cannot answer simple questions. I implore you to put a plan in place to staff each bus with a minimum of one bus aide and present this plan to the Buffalo Common Council immediately,our children's well-being depends on it. • Sincerely, r>tstopherP.Scan on • REFERRED TO ..� SPECIAL President Pro Tempore South District Councilmember C M ITT EDUCATION • cc: Buffalo Board of Education Members Ø/L3 112= (Common Council CITY OF BUFFALO a 7 c_ Y CHAIR CIVIL SERVICE RASHEED N.C. WYATT 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 February 3, 2016 Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo NY 14202 Attention: Please file the comments of Maureen Brady and James Werick concerns regarding Deep South Taco at Starin and Hertel Avenues. Thank you. -Fetatexcl )(if (2_r.t,+k- Rasheed N.C. Wyatt University District Councilmember "Unity in University" k..*A From: Maureen Brady and James Werick [mbandjw@outlook.com] Sent: Tuesday, February 02, 2016 11:18 PM To: Councilmember Wyatt - University; Councilmember Feroleto - Delaware Subject: Deep South Taco I live just outside of the Delaware District in the University District, one block from the proposed Deep South Taco. My husband and I both support this project. Although we are not Delaware District residents, we live closer to this location than the majority of Delaware District residents. We are avid walkers, and regularly walk on Hertel Avenue. It would be wonderful to see the site remediated and put back to a good use. Please approve of Deep South Taco at Starin and Hertel. Thank you. Maureen Brady and James Werick 363 Voorhees Avenue Buffalo, NY REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS Feb 16,2016 cVog 003 ,1 ',) D. Wilcox, Agent, Use 601 Main for Signage at Holiday Inn Express (E11)(Hrg 02/23) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 14-M,1 cA OFFICE OF THE CITY CLERK • GERALD A. CHWALINSKI City Clerk S:Eq Registrar of Vital Statistics p 65 NIAGARA SQUARE , ._ O ROOM 1308 CITY HALL TIANNA M. MARKS BUFFALO, NEW YORK 14202 S j= PHONE: (716)851-5431 Deputy City Clerk "$_- FAX: (716)851-4845 MILLY CASTRO CITY=� 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: 1./N=1 — /IV f`- ; t ILS c c� c To be held in the Council Chamber, 13th Floor,City Hall On: )5 ) 0 (c At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON . PIP *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMMON COUNCIL WILL DELAY YOUR PROJECT 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 th wner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed ��4 461A- Com/ (Agent,Owner) Print Name D .-10A) ?5 p Phone# Z/ ? l 7 . Date e---/c9/191Z, • ATTENTION c f6 CONTACT THE COUNCILMEMBER IN YOUR DISTRICT OA 060 1 .._ l?, iSc &'S-I- 4 IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE RE ERRED TO THE FULL COUNCIL ON jCa IF APPROVED AT THE FULL COUN IL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL �.�f 1 i �, TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo SIGNS Building Application 651Niagara Square a6 Buffalo,NY 14202 "d A (716)851-4949 Fax(716)851-5472 Report Date 02/05/2016 10:05 AM Submitted By FLD Page 1 A/P# 229883 • .3,.x° :.s€ c t ti': r -_T" .7. 5:.at€,t°.s d. -� :.;t:i.:r :s;::. r,:..€,: ,>:-5r•,r .:."_._,., a €;ro....,., ,.€„ E. ..E... .<k.C...�... 1 .s €_< � ;......<.__C,.<.€y_:Y:!—.cka7,t{F,�,..v..-.�.�.,.I.:�€n..tl.�t."p7.t,>�.£Yy.,,:.,<.r.,.§4 re..r 1k..y[.aci�,f PKz.'�v--�_.....:...�..;,...•r.�.�s..,,,:: 3at6 €g.€..t,.,.:....._.,.€,s ..� 3kzYi., p9• tl 5„ � .F".:.:se Ct_n3.',.`., Stages Date/Time By Date/Time By Processed 02/05/2016 10:02DIGEF Temp COO Issued s• . 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 Actual Valuation 0.00 Square Footage 0.00 Name Description of Work PRESERVATION AND COMMON COUNCIL APPROVAL REQ'D/PLANS REQUIRED/ADDITIONAL APPROVALS MAY BE REQ'D AS PROJECT DETAILS ARE RELEASED.SIGNAGE AT HOLIDAY INN EXPRESS. Parent A/P# JJr 11 C� Project# Project/Phase Name Phase# Size/Area Size Description -..,....,.,._._,_,._t.,. '=..rE �o.�-.�E;*r+�.�2k.-.?:.--e=�',g$�=.s-�a6..'•„,.a�C�;..€c��.3v-.aam_,G5,.s.„.�;�:.�:a,.e€.3,�..k:z,,ms.,3,.,,�,s�,,,,.-.:ea�eodi�ka,,E,,,�a...:...9C3...:...cI:.�.-:k�._�,-��..�.=.:__.�..�,k^�..tnn.....:��..s_c .:......E,......._.,-.�,r.3�--�``'�:�,*€5..c.€...�.-µ3.'��'��..�,.-�;..a.,_ �. !s1 Address 601 MAIN BUFFALO NY 14203- Location €-�} 9 t.:s. t ¢n'a ;s -;». r. s 3 3:§.:s a s € := €'` ss _•'€:: 7s IS z -'s �.: ,v4,.E•-,., E.�.. .€E?�,��.. _.,. ,,...<,: E._e-.”- l .:..,Je.E B i. c .: r ...z:.0 �... h;_ ,. ,a- s”-, c 3 9.� s t ;: a €..s „_�.-,� Contact ID AC326125 Name LLC BUFFALO HOTEL ASSOCIATES Mai/ingAddress_..182_F_SFCQ.ND ST. ._._.__ . _. ...:._.._ ._:._ .___ _._._... Organization City CORNING State/Province NY ZIP/PC 14830 Country USA 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 03/12/2008 To Contact ID AC77730 Name E.C.I.D.A.REGENCY SAVINGS BANK Mailing Address C/O MARLA ANDREWS Organization City NAPERVILLE State/Province IL ZIP/PC 60540 Country USA LI Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 I st r`.t@ € '€a a t:: t 3 E } s`� �! z �ItZ s :•I3.Ce G.$.,.c_. .. ,., e tc e t € as i t:. No Addresses are linked to this Application t s t kg t.:K rt. 1 No Addresses Addresses are linked to this Application r [c c a :e a3 t€r a p'a at c a t s: .�E_ € E tg s .� €_ :.s s s s l$8 z� t� � a ; €: is s € f ° s 6s :::_ i e a i :,.-€.: as .;., $z Eg: € €.� t:-€ it,x. € It € ..�_E�S.,=t,_... t s_c.�,�..z�. �.::r� .„i.�=x....§._ z.._�.,.a .�... ,.�._ ,: ,_N .�.,�6€,_,a u_d�z��.€,a No Other Addresses are associated to this Application City of Buffalo SIGNS Building Application 65 Niagara Square Buffalcl NY 14202 0- / (716)851-4949 Fax(716)851-5472 � Report Date 02/05/2016 10:05 AM Submitted By FLD Page 3 ss ,, ,,,, , -;,r,t `€ z s'€• 2a �.•c.:_:::4-',7);V-;:-':;: '''';';',7:';';;;:';:"'''': x a ' : ::::-'7;;;;:::'(.71;:-;.. 5 €€ . & rc € it r, >., e .€... ` .<. :tu 2 s.. ie s } r#. ^ tk a a s ...,2 ,...a t z °s° .,. if .:':'''''''2:4 za s x is i a:. € ..:.° ..:-z �<.g€.€ � r k { ...-e- w o .:.; zr. <,.,..,€f ,c� a.eE .. }o-: �: b F: Y ,Y..(... . 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PRIOR REQUIRED APPROVALS Modified By digef Modified Date/Time 02/05/2016 09:58 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey(con't) Permit Office ElArts Comm.Approval ❑Subdivisions ❑Asbestos Survey ❑Asbestos Abatement ❑ Special events ❑ Bond/Certified check ❑Assessment Combination Common Council ❑ First Insurances Check Engineering ❑Admin Office/Apts R4 ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 (1 Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy/Marquee ROW Lease showing Use encroachment ❑ Rodent/Vermin Bait i ❑ Oversize Trucking ® Freestanding Sign ❑ Sewer Retention ❑ Sewer/Water Cut R. ❑ Plumbers'Cuts Q Human Service Facility ❑ Street Cuts ❑ Simple Demolition ❑ Telecommunication ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Restricted Use Permit ❑ Tree over 4"at 4' City Planning ❑ Other ❑ Zoning/Use Check ❑ Citywide Site Plan El Sign approval ❑ Subdivisions Environmental Review Preservation Board ❑ Urban Renewal ❑ Zoning Variance ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E.P.A. ❑ Contiguous Check City Survey . ❑Address Permit Law Office Water Department • U Development • 0.Insurances Check ❑ New Water Supply ❑ Flood Plain ❑Title Held ❑Water Retention Detail 2. PLAN REVIEWS Modified By digef Modified Date/Time 02/05/2016 09:58 Comments No Comments PLAN REVIEWS Plans Review Required Revisions Required ❑ Simple Plan Review by Permit Office ❑ Revisions Required for Simple Plans ❑ One-and Two-Family Plan Review ❑ Revisions Req'd for 1-and 2-Family ❑ Multiple Dwellings Plan Review ❑ Revisions Req'd for Mult.Dwellings ® Building Code Review ❑ Revisions Req'd.for Bldg Code Rev. ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd.for Citywide Site ❑ SewerCodeReview Q Revisions Required for Sewer Plans ❑ Plumbing Code Review ❑ Revisions Required for Plumbing ❑ Electrical Code Review ❑ Revisions Required for Electrical ❑ HVAC(Mechanical)Code Review ❑ Revisions Required for HVAC/Mech. ❑ Elevator Code Review ❑ Revisions Required for Elevators ❑ Fire Code Review 0 Revisions Required for Fire Bureau d. (c) 4 ry. " z>> 's V. Panagopoulos, Owner, Use 1900 Hertel Re-Open Take-Out Restaurant in the Hertel Ave Special Zoning District (Univ)(Hrg 02/23) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD D OFFICE OF THE CITY CLERK GERALD A.CHWALINSKI City Clerk S:E=A{= Registrar of Vital Statistics _--_ _-0== 65 NIAGARA SQUARE fi Q_ ROOM 1308 CITY HALL TIANNA M. MARKS ' BUFFALO, NEW YORK 14202 Deputy City FAX S = PHONE: (716)851-5431 _ .,,,,., w$- FAX: (716)851-4845 MILLY CASTRO CST-Y-Ot- 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: Il - Ci 1 -tAL. - \ � - 6 '�= rc.�., ' i -'L To be held in the Council Chamber, 13th Floor, City Hall On: . jam__ . i- t: T;u_` u.c. `� , otlp At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm oom 901 ON I lC *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMMON COUNCIL WILL DELAY YOUR PROJECT 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. Signed (�s \-3--"N (Agent,Owner) ---__ ) ( ,Print Name\ \\J\5 �► ( --o Qo10-Phone# (i ) (`f5 vV' ' 6 .-S Date ( ..,- ro\yo ATTENTION _ CONTACT THE COUNCILMEMBER IN YOUR DISTRICT CA--- (1 Ac'' RVv. lS� S - l�S • IF APPROVED AT THE COMMITTEE MFE ING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON .3 Ih Ili IF APPROVED AT THE FULL COUN IL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL 3114 1 `k•° TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo USE Building Application 65'.agara Square Buffalo,NY 14202 c9, gi (716)851-4949 Fax(716)851-5472 Report Date 02/10/2016 01:11 PM Submitted By FLD Page 1 A/P# 232880 4 4 31 a r v r ''-rf �fi Ti[o f�ra3 'a4;rkd s' � st t. ty a- ra r at i° - e'aF 5 -t z a .. ... _,._..��.....$.Ll,....,. �.,.a......_ti k. ,aa�� r„�.. �'� U.�St.. ...�..��E�a3,u..... ..:tea,,.......... „_ Stages Date/Time By Date/Time By Processed 02/10/2016 13:10 DIGEF Temp COO Issued COO Final Expires Associated Information Valuation Type of Work #Plans 0 Declared Valuation 1.00 Dept of Commerce #Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work ***511-59F.(1)RESTRICTED USE PERMIT/COMMON CUNCIL APPROVAUPUBLIC HEARING REQUIRED***TO RE-OPEN A TAKE OUT RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT UNDER NEW OWNERSHIP. Parent A/P# Project# Project/Phase Name Phase Size/Area Size Description 3r 9 r y ; a � I�a [- 4 s a S v '`` '-•i y �s I ` I" a s s- {, z 3 tlq t rSI Address 1900 HERTEL BUFFALO NY 14214- Location Contact ID AC1219838 Name MINED JANET M • Mailing.Addr_ess_. _ ... ... ....._ ._ .._ ... . Organization......., ._.. _.._ City 842 THOMAS FOX DR State/Province NO TONAWANDA NY ZIP/PC 14120 Country 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC807454 Name MICHAEL R MINEO,JOSEPH M;SOLOMON, Mailing Address Organization City 82 FIFTEENTH AVE State/Province NO.TONAWANDA,NY ZIP/PC 14120 Country 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 10/18/2001 To 05/06/2007 Contact ID AC398897 Name VASILIS PANAGOPOULOS Mailing Address 694 STARIN Organization City KENMORE State/Province NY '•, ZIP/PC 14223 Country USA 0 Foreign Day Phone Evening Phone Fax Mobile# Occupant N From To Owner Y From 12/27/2015 To City of Buffalo USE Building Application 65 Niagara Square - Buffalo,NY 14202 t (716)851-4949 Fax(716)851-5472 Report Date 02/10/2016 01:11 PM Submitted By FLD Page 3 • F a rf r9. tc {.>;e< <.�. ( 5 i 5 „d,�.✓.,a� .,.,, .. 3 x, _i...rr a .,,v • Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 4'..Z}e; �$ sa M1 r ! d r {x` i2 - '5,41 � .d }}z €� rj r� � � r .a t��{�� t, ,� , € `€ .� z `�z �3€�1s1 *' APPLICATION FEE U 50.00 PERMIT FEE U 50.00 Total Unpaid 100.00 Total Paid 0.00 7 F C ?T :: -� �£..�„ � Sia 2-, £ .,Jx E a?s is...-tea"' - a d t £t4 ;*} t "¢3 x-E f x r zk en ) s � .7 �. There are no Inspections for this Report • r a t 3 S '' t i ✓ a k ° f ° i rr .E IJrr`€ ,:,;;;;4; .q ; t ,��tlira- 8 Ix:.3 • ,z dx., ' �+,.:� ::. Fi si a s- 1 ' - .x )€s -' • Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Modified Date/time 02/10/2016 13:09 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey(con't) Permit Office 0 Arts Comm.Approval 0 Subdivisions 0 Asbestos Survey 0 Asbestos:Abatement 0 Special events 0 Bond/Certified check 0 Assessment Combination Common Council 0 First Insurances Check City Engineering 0 Admin Office/Apts R4 0 Public Works approval 0'Curb CutsBeauty 0 Notarized Permission/ forportable sign one year 0 Parlor R2 Cano /Mar uee ROW Lease showing Use encroachment 0 Encroachment , 0.. py_._ n_ 0 RodentNermin Bait • 0 Oversize Trucking 0 Freestanding Sign 0 Sewer Retention 0 Sewer/Water Cut 0 Plumbers'Cuts 0 Human Service Facility 0 Street Cuts 0 Simple Demolition 0 Telecommunication 0 Portable Sign in ROW 0 Simple Plan Approval ® Restricted Use Permit 0 Tree over 4"at 4' City Planning 0 Other 0 Zoning/Use Check 0 Citywide Site Plan 0 Thruway Sign approval Preservation Board 0,Subdivisions Environmental Review 0 Zoning Variance 0 Urban Renewal 0 S.E.Q.R.A. 0 Preservation District 0 N.E.P.A. 0 Contiguous Check City Survey 0 Address Permit Law Office Water Department 0 Development 0 Insurances Check 0 New Water Supply 0 Flood Plain 0 Title Held 0 Water Retention i E { € z t 1 d f f 5 r 5 _..,...., ,ss.. .xo- <..� a.. :r G�,i w,<. r ..a..�.��C...i r_ti,._e_.1 .+ ,.<,f;...._. . .n. 6: No Conditions There is no planning condition for this project. x- a No Records for This Search Criteria REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) ce) Appoint Recycling Coord Pem Inter Attrid e PW (ccp# 16-186,02/02) Mr. Wyatt moved: That Communication 186 of February 2, 2016, be received and filed and that the Permanent appointment of Susan Attridge, 51 Coving Rd, Buffalo, NY 14216 at the Intermediate Salary of$60,763.00 is hereby approved. PASSED AYES -9 NOES - 0 Recommended by the Committee on Civil Service * AYE * NO * . * * * . FEROLETO * * * * * * • FONTANA * * * * * * FRANCZYK * * * * * . * GOLOMBEK * * * . * * * , PRIDGEN * * * * * * RIVERA * * " * * * SCANLON * * * * * * WINGO * * . * * * * WYATT * * * * [ ] " [ MAJ— 5 ] * (lie * O * [2/3 — 6] * * [3/4 — 7] 1 00 , Appoint Supervisor of TvVaterway&Bridge Maintenance(Penn)(Max)(Maloney)(PW) (ccp# 16-187,02/02) Mr. Wyatt moved: That Communication 187 of February 2, 2016, be received and filed and that the Permanent appointment of Daniel Maloney, 368 Whitfield, Buffalo, NY 14220 at the Maximum Salary of$47,606.00 is hereby approved. PASSED AYES -9 NOES- 0 Recommended by the Committee on Civil Service 14iir . • • .1 ) S . , , .s. . . . • . • . . . ... . . . . . . • . • . . . . , . • • . , • . . . • * AYE * NO * * * * . FEROLETO * * * *• FONTANA * * * * * * FRANCZYK * * * * * . * . GOLOMBEK . * * . * . * * * . • PRIDGEN ' * * * * RIVERA - * * . * . * * SCANLON * * * * . • WINGO * •� * . * • * * * WYATT * * * . * * * • • [ ] * 01 * * [MAJ.- S ] * * 6 . . [2/3 - 6] * * * • [3/4 - 7] . • 1 i I • . I O 0 3 '_p Appoint Truck Driver(Tem Inter Walker)(P (ccp# 16-188,02/02) Mr. Wyatt moved: That Communication 188 of February 2, 2016, be received and filed and that the Temporary appointment of Freddie Walker, 62 Carl St, Buffalo, NY 14215 at the Intermediate Salary of$24,341.00 is hereby approved. PASSED AYES-9 NOES - 0 (/1a--1Z7 Recommended by the Committee on Civil Service ,, * AYE * NO * * * * FEROLET.O * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK * * * PRIDGEN * * * * * RIVERA * * * * * * SCANLON * * * * WINGO * * * * * * WYATT * * * * * [ ] . * * * [MA.J- 5 ] * * V [2/3 - 6] * * v * [ 3/4 - 7 ] Notices of Appointments-Temp/Prov/Perm (ccp#16-195, 02/02) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service v1 (9,--) 6 FINANCE (RICHARD A. FONTANA, CHAIRPERSON) 0 0 .7,; 2 • Permission to-Purchase Vehicle(Parking),..,... o... .,:..:,. (Item No. 191, C.C.P., Feb. 2, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Commissioner of Parking one (1)2016 Chevrolet AWD Equinox L/S from Chautauqua Co. Bid Group IV, Item 5, Vehicle#1. Funds are available in Department of Parking budget line 114112007-474200. PASSED AYES 9,NOES 0 ;- Recommended by the Committee on Finance t Chairman C:\UsersUrucinski\AppData\LocatMicrosofl\Windows\Temporary Internet Files\ContenLOollook\OX32QV W6\Fermission to Purchase Vehicle.docx I • • • • • .* AYE * NO * * * * • FEROLETO * * * * * * • FONTANA * * * * * FRANCZYK * * * * * • GOLOMBEK . * * * . * * * , • PR DGEN * * * • RIVERA * * * * * * • SCANLON * * WIN-GO * • * * * WYATT * * * . • * * * [ I . [MAJ- 5 ] * * V [2/3 - 6] * * * [ 3/4 - 7] . • • • 01 2 cs;), A 5 Bond Resolution-Fire Apparatus =Purchase (Item No. 252, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of firefighting apparatus for the Fire Department in the City, at the estimated total cost of$2,478.33. PASSED AYES 9,NOES 0 L Recommended by the Committee on Finance J f Chairman • • C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\fire apparatus.doc a • • * AYE * NO * * * * FEROLETO * * * FONTANA * * * FRANCZYK• * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * RIVERA * * • * * * * SCANLON * * * • WINGO * . * * * * WYATT * * * * ,21 [MAJ- 5 ] [2/3 - 6] * * * [ 3/4 - 7] • 3 • 00 Bond Resolution Bailey Avenue Bridge'RecOriStruction (Item No. 253, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of bridge reconstruction on Bailey Avenue over Cazenovia Creek and the Buffalo River in the City, at the estimated maximum cost of$22,566,700, and authorizes $19,449,000 expected to be received from the United States of America and/or the State of New York and$117,700 proceeds of the City bonds previously issued to be expended towards the cost thereof or redemption of the bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said bonds of the City, in addition to proceeds of$820,000 bonds to be authorized in the future to finance the balance of said cost. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance Chairman • • C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Bailey Ave bridge reconstruction.doc ol • • * AYE * NO * • * * * • FEROLET.O * * * * FONTANA * * . * • * FRANCZYK * * * * . * GOLOMBEK . * * * * * PRIDGEN * * * * RIVERA * * • * * * * • SCANLON * * * * WINGO * • * * • * WYATT * * * • . • * * [ ] [MAJ- 5 ] * * * • [2/3 - 6] * , * * • [3/4 - 7 ] • 1 •• • 1 • o l) Bond Resolution--Infrastructure Improveiiier is_Various (Item No. 254, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the cost of infrastructure improvements at various locations throughout the City, at the estimated total cost of$6,271,055. PASSED AYES 9,NOES 0 r , Recommended bythe Committee on Finance /*Zt/I' Chairman C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\infrastructure improvements.doc • • • • • • * AYE * NO * * * * FEROLET.O * * * * * * FONTANA * * FRANCZYK * * . • GOLOMBEK. . • * * * PRIDGEN • * * * * RIVERA * * • * * ' SCANLON * • WIN-GO * * * * WYATT * * * • * * * [ ] * * * [MAJ- S ] * * • [2/3 - 6] * * * [ 3/4 - 7 ] • • • • fI f , g I F O O 3 r _' Bond Resolution=Ohio Street Lift Bridge Reconstruction (Item No. 255, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of rehabilitation for the Ohio Street Lift Bridge over the Buffalo River, between St. Clare and Ganson Streets, in the City, at the estimated maximum cost of$7,145,250, and authorizing $6,776,250 expected to be received from the State of New York and/or the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance Chairman • C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Ohio St lift bridge.doc es) ci • • • • • • * AYE * NO * * * * FEROLETO• * * * * FONTANA * * . * • • * * * FRANCZYK * * * * . * • GOLOMBEK. . * * * * * * PRIDGEN * * . * * * RIVERA * * • * * * • SCANLON * * * • WINGO * • * * • * * * WYATT * * * • * * * [ ] . [MAJ- 5 ] * * * • [2/3 - 6] * * *• [3/4 - 7] . • • s 1 • Bond Resolution- Seneca Street Improvements (Item No. 256, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance cost of infrastructure improvements to Seneca Street Corridor District in the City, at the estimated maximum cost of $2,378,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance % l�" Chairman C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Seneca St Improvements doe • * AYE * NO * * * * FEROLETO * * * * FONTANA * * * * * * FRANCZYK * * * *. * GOLOMBEK * * * * * * PRIDGEN * * * * * RIVERA * * • * * * SCANLON * * • • WINGO * . * * * * WYATT * * * * * * [ ] [MAJ- 5 ] * * [2/3 - 6] * * * [3/4 - 7] • Amending Bond Resolution South Ogden Bridge Reconstruction (Item No. 257, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed amend the bond resolution adopted February 18, 2014 in relation to financing the local share of the cost of reconstruction of the South Ogden Street Bridge over the Buffalo River in the City, at the estimated maximum cost of$1,273,270. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance �C "'��_ Chairman C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\S Ogden Bridge Reconstructed-amended.doc • * AYE * NO * * * * FEROLETO * * * * * FONTANA * * * * * * FRANCZYK * , * * *. * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * • * * * * SCANLON * * * * WINGO * * * * * ' WYATT * * [MAJ- S ] * * ( * [2/3 - 6] * * LJ [3/4 - 7 ] x Bond Resolution-South Park Loop Bridge (Item No. 258, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $530,000 General Improvement Bonds of the City of Buffalo, in addition to $172,270 bond previously authorized, to finance the local share of the cost of partial reconstruction of the South Park Loop Bridge over South Park Lake in the City, at an estimated maximum cost of $1,273,270, and authorizing $571,000 expected to be received from the United States of America and/or the State of New York to be expended towards the cost thereof or redemption of the bonds issued therefor or to be budgeted as on offset to the taxes for the payment of the principal of and interest on said bonds of the City. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance gt-Z-(--te_, -- Chairman 1 . • I. 1 C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\South Park Loop Bridge.doc • • • • * AYE * NO * • FEROLETO * * * FONTANA * * * * * FRANCZYK * * * * * . * • GOLOMBEK * * • * PRIDGEN * * * * * * RIVERA * * • * * * * • SCANLON • * * * * WINGO * . * * * * . WYATT * * * * * * [ I . [MAS- 5] * [2/3 6] * * G * [3/4 - 7] . • Bond Resolution= Street Light Replacement"=Various (Item No. 251, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the cost of improvements to City- owned street lighting facilities located on Richmond Avenue, Linwood Avenue, and the Kensington Expressway in the City, at the estimated cost of$500,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance - il4-1 airman 1 U C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Street light replacement.doc • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * . • FRANCZYK * * * * * . * GOLOMBEK . * * * . * * * PRIDGEN * * * * * * RIVERA * * • * * * * • SCANLON • * * WINGO * • * * * * * WYATT * * * * [ I . [MAT- S ] * -* U * [2/3 - 6] * * * [3/4 - 7] . • 5 • 61 61i 003 ,IL Bond Resolution-Allendale Theater Improvements (Item No. ac, C.C.P., Feb. 2, 2016) • That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo in the amount of$314,431, in addition to the $172,324 bonds previously authorized to finance the cost of partial reconstruction of the Allendale Theater located at 203 Allen Street in the City, at the total estimated maximum cost of $486,755. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance 4e4. Chairman k A C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Allendale Theater hnprovements.doc a el 61, • • * AYE * NO * * * * . • FEROLETO * * * * FONTANA * * * * * FRANCZYK * * * * . * GOLOMBEK * * * * PRIDGEN * * * * * * RIVERA * * • * * * SCANLON * * * WING() * • * * * * ' WYATT * * * * * * [ ] * * [MAJ- 5 ] * l./ * [2/3 - 6] [3/4 - 7 ] • • • Q 0033; Bond Resolution•-•BroadW y 1VlArket'Kitchen (Item No.),ie I, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of construction of a commercial kitchen of the Broadway Market located at 999 Broadway in the City, at the estimated maximum cost of$267,540, and authorizing $40,000 expected to be received from the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED _......_. AYES 9,NOES 0 Recommended by the Committee on Finance�JU W — Chairman • • \ J C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Broadway Market kitchen.doc • • • • • * AYE * NO * FEROLETO * * * * FONTANA * * * * * * FRANCZYK * * * * * • GOLOMBEK * * * * * * • PRIDGEN * * * * RIVERA - * * * * * * SCANLON * * * WINGO * • * * * * * WYATT * * • * * [ ] * * * [MAJ- S ] * V • [2/3 - 6] * * * • [ 3/4 - 7 ] • • • • 1 Bond Resolution L Buffalo History Museum (Item No. 262, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo in the amount of$110,000 to finance the local share cost of partial reconstruction of the Buffalo History Museum building located at 1 Museum Ct., in the City, at the estimated total cost of$110,000. PASSED AYES 9,NOES 0 Recommended bythe Committee on Finance 77-74,e, ` �� `l Chairman `i C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Buffalo History Museum.doc c • • • .* AYE * NO * * * * • FEROLETO * * * * * FONTANA * * * * * * FRANCZYK * * * * * . * GOLOMBEK . * * * * * * PRIDGEN * * * * * * RIVERA - * * • * * * * • SCANLON * * * * * • WINGO * * . * • * WYATT * * * * * [ I . * * [MAT- 5 ] * * * [2/3 - 6] * * * [ 3/4 - 7] . • • • 0 4-4 • ' ` .Bond Resolution-City Hall Improvement's (Item No. 263, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $2,354,958 General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of City Hall at 65 Niagara Square, at the estimated total cost of$2,354,958. PASSED AYES 9,NOES 0 .,—........_..._....f ........_..._.... Recommended bythe Committee on Finance f 4G� a—c.------ hairma n t ` C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\City Hall improvements.doc • • of • • • • • * AYE * NO * • * * * FEROLET.O * * * * FONTANA * * * FRANCZYK * * * * * * • GOLOMBEK . * * * * * * • PRIDGEN • * * * * • RIVERA • * * • * * * * • • SCANLON * * * * WINGO * • * * • * WYATT * * * • * * * ] * * * [MAJ- 5 ] * * Q [2/3 - 6] * * * . [3/4 - 7] . ' • •• (,) Bond Resolution—Downtown Bali Park(COca Cola Field) (Item No. 264, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $350,000 General Improvement Bonds of the City of Buffalo to finance the cost of recreational area improvements to Coca Cola Field at 275 Washington Street in the City, at the estimated cost of$350,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance Chairman i 1 C:\Users\lrucinskiWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Downtown Ball Park.doc * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * * PRIDGEN * * * RIVERA. * * * * * * SCANLON * * * WINGO * * * * * * WYATT * * * * * * [ ] . * * * [MAJ- 5 ] * * O - [2/3 - 6] * * * [ 3/4 - 7] 2 e 00 36 Bond Resolution-East Delavan Library Triiprovenients • (Item No. 265, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $470,000 General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of East Delavan Library building located at 1187 E. Delavan Avenue, at the estimated total cost of$470,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance / fr- 4 � Chairman V\ C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\E Delavan Library Improvements.doc 7 0 q • * AYE * NO * * * * FEROLETO * * * * FONTANA * * * FRANCZYK * * * * . * GOLOMBEK. * * * PRIDGEN * * * * * RIVERA - * * * * * SCANLON * * • WINGO * * • WYATT * * * * * [ ] [MA.J- 5 ] * G * * [2/3 - 6] [ 3/4 - 7 ] • 1 003 crpg • Bond Resolution—Fire Department Building. (Item No. 266, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,259,046 General Improvement Bonds of the City of Buffalo to finance the cost of improvements for various Fire Department buildings in the City, at the estimated total cost of $1,259,046. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance itiJ-1-J 7.----• Chairman • E '•C C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Fire Dept bldg.doc 11 • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRDGEN * * * * * * RIVERA - * * * * * * SCANLON * * • WINGO * * * * * WYATT * * * * * * [ I . [MAJ- 5 ] * * D [2/3 - 6] * * * [ 3/4 - 7] Bond Resolution Lovejoy Poo Improvements' (Item No. 267, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $530,000 General Improvement Bonds of the City of Buffalo to finance the cost of improvements to the Lovejoy pool facilities located at 1171 E. Lovejoy Street in the City, at the estimated total cost of$530,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance j<< Chairman • • • �1 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Lovejoy Pool improvements.doc i * AYE * NO * * * * FEROLETO * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK. * * * * * * • PRIDGEN * * * * * * RIVERA _ * * • * * * SCANLON * * * * WINGO * * . * WYATT * * * * [ ] . * * * [MAJ- 5] [2/3 - 6] * * * [3/4 - 7] 0037e Bond'Resolution—Main Animal Building'Roof Replacement(Sd th Side) (Item No. 268, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $267,500 General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of the Buffalo Zoo Main Animal House located at 300 Parkside Avenue in the City, at the estimated total cost of$267,500. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance , 4-4-1, Chairman • 9)-1 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Main animal building roof.doe IS. * AYE * NO * * * * FEROLETO * * * FONTANA * * * * * * FRANCZYK * * * * * . * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * • * * * * SCANLON * * * * * WINGO * • * . * WYATT * * * * [ ] . * * [MAJ- 5 ] [2/3 - 6] * * * [3/4 - 7] 1 Bond Resolut ori-MUseuin of Seienee Frbht Eftrar'ice`Restorat bil (Item No. 269, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $535,000 General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of the Buffalo Museum of Science located at 1020 Humboldt Parkway, at the estimated total cost of$535,000. PASSED AYES 9,NOES 0 �^^^� .._...._._ Recommended by the Committee on Finance L4—I Chairman C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Sci Museum front entrance.doc • • • • • • • * AYE * NO * * * * FEROLETO * * * FONTANA * * * * * * FRANCZYK * * . * GOLOMBEK . * * * . * * * • . PRIDGEN • * * * * RIVERA * * - * * * SCANLON * * * WINGO * • * . * • • * * * WYATT * * * • * * * [ ] * * [MAI- 5 ] • [3/4 - 7 ] . • l • I Bond Resoiutiori t Naval Park Hangar Ekparision(Planning) (Item No. 270, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $240,750 General Improvement Bonds of the City of Buffalo to finance the cost of planning expansion to the Naval Park Hangar Building located at 1 Naval Park Cove in the City, at the estimated maximum cost of$240,750. PASSED AYES 9,NOES 0 ��...._- Recommended by the Committee on Finance Chairman C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Naval Park hangar expansion.doc 1 9 •r • * AYE * NO * . * * * • FEROLETO * * * * * FONTANA * * * * * * • . FRANCZYK * * * * * * GOLOMBEK . * * * . * * * . PRIDGEN * * * * * * RIVERA * * • * * * SCANLON * * • * * * * . • WINGO * - * . * • * * * WYATT * * * . * * [ ] . * * * [MAT- 5 ] * I * Q • . [2/3 - 6] [3/4 - 7] . • 1 i 1 r?c:16 o Bond Resolution-North'Buffalo Ice Rink Ice Making'Equipment " (Item No. 271, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,535,787 General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of equipment for the North Buffalo Ice Rink located at 156 Tacoma Ave. in the City, at the estimated maximum cost of$1,535,787. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance7Z, '4+. 0 , ...._. Chairman / t C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\N Bflo ice rink ice making equip.doc • • • • • * AYE * NO * * * * FEROLET.O * * * * * FONTANA * * * • * * * FRANCZYK * * *• * . * GOLOMBEK * * • * . • * * * • PRIDGEN * * * * RIVERA * * * • * SCANLON * * • • WINGO * . * * * WYATT * * • * [ ] . * * * [MAJ- S ] * * d [2/3 - 6] * • * • [3/4 - 7] • • • EW y n 314 Bond Resolution--Park-Building Improvements (Item No. 272, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $540,350 General Improvement Bonds of the City of Buffalo to finance the cost of improvements in various City parks, at the estimated total cost of$540,350. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance 704c-e-o Chairman • C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Fark Bldg Improvements.doc r e:2 • * AYE * NO * • FEROLETO * * * * * FONTANA * * * FRANCZYK * * * * * * GOLOMBEK * * * PRIDGEN * * * RIVERA * * * * * SCANLON * * • WINGO * - * • * * WYATT * * * * [ ] * * * [MAI- 5 ] [2/3 - 6] * * * [3/4 - 7] • oomf: - •••- • • • Bond Resolution---Broderick hark Seawall-Study (Item No. 273, C.C.P., Feb. 2, 2016) • That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $252,500 General Improvement Bonds of the City of Buffalo to finance the local share of the cost of planning rehabilitation of the Broderick Park Seawall in the City, at the estimated maximum cost of$512,575, and authorizing $252,500 expected to be received from the United States of America and$7,575 current funds to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 9,NOES 0 �,c ( Recommended by the Committee on Finance �i •• ' Chairman • ity\ C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Broderick Park Seawall.doc • • 3,3.. S J • • • • • • • • * AYE * NO * * * * . FEROLET.O * * * * * * FONTANA * * • * * * FRANCZYK * * * • * *. * • GOLOMBEK . * * • * PRIDGEN * • • RIVERA * * * * • SCANLON * . • WINGO * . * * * WYATT * * • * ] * * * [MAJ- 5 ] * � * •� * [2/3 - 6] * * * [ 3/4 - 7] • • • • • 0 037G, Bond-Fcesolutiori=LaSalle Seawaii'Construction - (Item No. 274, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,448,000 General Improvement Bonds of the City of Buffalo to finance the local share of the cost of rehabilitation of the LaSalle Park Seawall in the City, at the estimated maximum cost of $4,180,440, and authorizing $2,689,000 expected to be received from the United States of American and $43,440 current funds to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 9,NOES 0 Recommended bythe Committee on Finance ti/� '` / Chairman C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\LaSalle Seawall.doc • • • • • * AYE * NO * * * * FEROLETO * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK . * * * • • PRIDGEN * * * * RIVERA * * * * * * • SCANLON * * * * • • . • WINGO * . * * * WYATT * * * • * * * [ ] . [MAJ- 5 ] • [2/3 - 6] * * * [3/4 - 7] • • oo31' Bond Resolution=Park Improvements (Item No. 275, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,035,500 General Improvement Bonds of the City of Buffalo to finance the cost of recreational area improvements to various City parks, at the estimated total cost of$1,035,500. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance 'gig ,y Chairman • C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Park Improvements.doc . • • • * AYE * NO * * * * FEROLETO * * * * FONTANA * * * FRANCZYK * * * * * * GOLOMBEK * * * PRIDGEN * * * * * * RIVERA * * * * * * • SCANLON * * * * * WINGO * * * * * . WYATT * * * * * [ ] a [MAT- 5 ] * _ * 7) * • [2/3 - 6] * * * • [3/4 - 7] . • Bond Resolution—Tree Removals and-Plantings (Various) - (Item No. 276, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $600,000 General Improvement Bonds of the City of Buffalo to finance the cost of removal of dead or diseased trees and the planting of new trees located in various locations in the City, at the estimated total cost of$600,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance g Chairman • L C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Tree removals and plantings.doc M 1 • * AYE * NO * * * * FEROLETO * * * • FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * PRIDGEN * * * * RIVERA * * * • * SCANLON * * * * * WINGO * • * * * WYATT * * * [ ] , * * * [MAJ- S ] [2/3 - 6] * * * . [3/4 - 7] 0031( Bond Resolution—Dilapidated Structures Demolition (Item No. 277, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $2,000,000 General Improvement Bonds of the City of Buffalo to finance the cost of demolition of various City-owned and private buildings which pose a significant threat to public health or safety, at the estimated total cost of$2,000,000. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance Rdiet----,Chairman • 31 C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Dilapidated structures demo.doc • • • • .* AYE * NO * • FEROLETO * * * * * • FONTANA * * * • * * * FRANCZYK * * * • GOLOMBEK . * * * * * • * • PRIDGEN * * * - • RIVERA . * * • * * * * • SCANLON * • * * • • WINGO * • * * . • • WYATT * * • * * [MAJ- 6 ] -* • [2/3 - 6] [3/4 - 7] • • • 1 • • o O O , 4 - Bond Resolution=Augspurger"Parking Ramp ithprovenieiits ` (Item No. 278, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,200,265 General Improvement Bonds of the City of Buffalo to finance the cost of improvements to the Augspurger Parking Ramp located at 362 Pearl Street in the City, at the estimated cost of$1,200,265. PASSED AYES 9,NOES 0 Recommended by the Committee on Finance / Chairman • •C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Augspurger Parking Ramp Improvements.doc • • * AYE * NO * * * * FEROLETO * * * * * * • FONTANA * * * • * * * FRANCZYK * * * * * • GOLOMBEK . * * * . * * * PRIDGEN * * * * * * RIVERA * * • * SCANLON * * * * * WINGO * 0 * . * * * WYATT * * • * * [ I . * * * 0 [MAJ- 5 ] * * ( [2/3 - 6] * * * • [3/4 - 7] Bond Resolution--Fernbach Parking-Rat-hp-Improvements' (Item No. 279, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,343,600 General Improvement Bonds of the City of Buffalo to finance the cost of improvements to the Fernbach Parking Ramp located at 200 Pearl Street in the City, at the estimated cost of$1,343,600. PASSED AYES 9,NOES 0 ��.W _,..........._. Recommended by the Committee on Finance , � �`'`� - Chairman C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Fembach Parking Ramp Improvements doe • • • • • • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK . * * * * * * PRIDGEN * * * * * * • RIVERA * * * * • SCANLON * * WINGO * • * * • • * * WYATT * * * * [ I . * * [MAJ- 5 ] * C • [2/3 - 6] [3/4 - 7] . • 1 • • ti 0 0 f3j 8 O. • Bond Resolution—Turner Parking Ramp improvements • (Item No. 280, C.C.P., Feb. 2, 2016) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue $1,844,260 General Improvement Bonds of the City of Buffalo to finance the cost of improvements to the Turner Parking Ramp located at 1 Perkins Drive in the City, at the estimated cost of$1,844,260. PASSED AYES 9,NOES 0 Recommended bythe Committee on Finance;we`ll , ��- ✓� Chairman • • I L C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Turner Parking Ramp Improvements.doe • } • 3 .( • • • * AYE * NO * * * * • FEROLETO * * * * * • FONTANA * * * • • * * * FRANCZYK * . * * * * . * • GOLOMBEK . * * * * * * PRIDGEN * • * * * RIVERA _ * * • * * * • SCANLON * * WINGO * • * * • • * * WYATT * * • * * [ ] . * * [MAJ- 5 ] [2/3 - 6] * * * [3/4 - 7 ] . • • Budget and Personnel Ar"rlendnrerit 03 —Mayor 1501 Executive Mr. Fontana moved: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 — Mayor, 1501 —Executive, which currently reads: 1 Chief Diversity Officer $89,192 Ishereby amended to read: 1 Chief Diversity Officer $101,873 PASSED AYES 9,NOES 0 Recommended by the Committee on Finance 721-4---1t' �J-- Chairn�an 5:) C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Budget Amendment-Mayor Executive doe • Li a • • • * AYE * NO * FEROLETO * * * FONTANA * * * * * FRANCZYK * * * * * * • GOLOMBEK. * * * * * * • PRIDGEN • * * * * * * RIVERA * * • * * * * • SCANLON . • * * * • WINGO * . * * * * * WYATT * * * • * * * [ ] * * * [MAJ- 5 ] * * [2/3 - 6] * * * [ 3/4 - 7�] . • COMMUNITY DEVELOPMENT • (JOSEPH GOLOMBEK JR., CHAIRPERSON) -Re ort of Sale =239 Titus S'treet(Fiil)`Strat'Plan :_>. (Item No. 170, C.C.P., Feb. 2, 2016) 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 Tamanna Ansare of 3406 12th Avenue, Brooklyn,New York 11218, in the amount of Two Thousand Two Hundred Dollars ($2,200.00) for the purchase of 239 Titus Street be and hereby is accepted; and That the transfer tax,recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9,NOES 0 Recommended by the Committee on Community 94va ( ,;' Development PJ . � Cha'irman 3tyC:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Report of Sale-239 Titus Street.docx • 34-14 S • • • • • • * AYE * NO * * * * • • FEROLETO * * * * FONTANA * * * • * * * FRANCZYK * * * * * * • GOLOMBEK . * * *. • • PRIDGEN • * * * * • RIVERA * * * * • SCANLON * * * WINGO * • *• . * • * WYATT * * * • [ ] * * * [MAJ- 5 ] • [2/3 - 6] * * * . [3/4 - 7 ] . • • •• '31-4 ( NYSDEC-Certifies Cleanup 89 LaSalle (C.C.P. #16-203,Feb 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development (/// /11 00300 NO. M. Romanowski-SEQR 3 Gates Circle (C.C.P. 16-205, Feb 2) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. t ttO Recommended by the Committee on Community Development �y _ I r Chairm' 'n es 14 g 0 8 ' NO. M. Romanowski-(informational)SEQR Gates Circle Redev (C.C.P. 16-230, Feb 2)(#16,-111, 1/19) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. Recommended by the Committee on Community Development I Chairma 3()\ L-1 61 01)2 88 NO. M. Romanowski-(informational)SEQR Gates Circle Redev & Cantebury Woods (C.C.P. 16-231, Feb 2)(#16,-113, 1/19) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. Recommended by the Committee on Community Development 1 . ; Charman P. Beavers-Street Level Parking in Buffalo (C.C.P. #16-107,Jan 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED It I 110 V Recommended by the Committee on Community Development 1 1 C. Scanlon-Follow up Re Weekend Hours at the Community Centers (C.C.P. #15-112,Jan 20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Q1.34191), Recommended by the Committee on Community Development 003 i • C. Scanlon-Article Skyway one of 10 Freeways Without Features (C.C.P. #14-468,Mar 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Lt 4 Recommended by the Committee on Community Development 0 03 R. Tobe-Response Construction ECC's Proposed Health Sciences Facility (C.C.P. #13-75, Sept3) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED ‘I�� 940Q1j—Qtc‘4/, Recommended by the Committee on Community Development t oS q3 Call for the Construction of ECC's Proposed Health Sciences Facility(Exc Resolves)(Golombek) (C.C.P. #13-93,July 9) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED • td/91J -191 � Recommended by the Committee on Community Development o o Li NO. NYSDEC-SEQR Lead Agency Coordination-Request for Info Battaglia Transfer Station- 1037-1055 Seneca St (C.C.P. 13-56, Feb 19) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. el r 11, Recommended by the Committee on Community Development r 1 1 Chair an f., r, 1 3 S 0o NO. NYSDEC-Susp of SEQR Process-Battaglia Demo Inc- 1037-1055 Seneca St (C.C.P. 13-57, Feb 19) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. r f Recommended by the Committee on Community Development ;, ,•AI %AI Chairma " 0 if) _✓ L NO. J. Golombek-R. Yelda-Req New Green Code Does Not Impact Bflo's Comm Protection From Natural Gas Extraction Ordinance (C.C.P. 12-33, Nov 27) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. Adopted. Recommended by the Committee on Community Development , ' 9jatr Chairman 3 S2 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) Property Management License -Key"Ptopert Consultin Inc. (DPIS) . .. . • . (Item No. 189, C.C.P., Feb. 2, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That pursuant to Chapter 265 of the City of Buffalo Ordinance,the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to issue a Property Management License to William Feeley of 6525 Versailles Road, Lake View, New York 14085, d/b/a Key Property Consulting Inc. PASSED AYES 9,NOES 0 Recommended by the Committee on LegislationC_f2-e-,-.. :1--- 5,---C2.-<'> �< Ch_xrman • C:\UsersUmcinsld\AppData\ocal\Microsoft\Windows\Temporary Internet Files\ContenLOutlook\OX32QVW6\Property Management License-Key Property.docx (AC` * AYE * NO * * * * • FEROLETO * * * * * *. FONTANA * * * * * FRANCZYK * * * * * . * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * SCANLON * * * * • WINGO * - * , * * * * WYATT * * * * * * [MAJ.- 5 ] * 3 [2/3 - 6] * [3/4 - 7] • ` '''' 6 • 003 , f� . . Property Management License=Towne Housing LLC (DPIS) (Item No. 190, C.C.P., Feb. 2, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That pursuant to Chapter 265 of the City of Buffalo Ordinance,the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to issue a Property Management License to Jeremy Ballsmith of 51 Washington Street,North Tonawanda,New York 14120, d/b/a Towne Housing LLC. PASSED AYES 9,NOES 0 Recommended by the Committee on Legislation -_ �.� C irm. L . • • Q C:\UsersUmcinski\Appflata\Local\Microsoft\Windows\Temporary Intemet Files\Content Outlook\OX32QV W6\Property Management License-Towne Housing.docx ,. 364 * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * SCANLON * * * * * * WINGO * • * * * * * WYATT * * * * * * [ ] * * 0 * [MAJ- S ] [2/3 - 6] * * * [ 3/4 - 7] i '3o ` `' ` J. Rozanski-Concerns Food Store 3083 Main St (C.C.P. #16-207,Feb 2) Mr:Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 36) Ordinance'Amendment-Chapter 437.Taxicabs, Liveries and Sightseeing Buses • (Item No. 186, C.C.P., Feb. 2, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Chapter 437 of the Code of the City of Buffalo, as it relates to Taxicabs, Liveries and Sightseeing Buses be amended as specified in the attached Ordinance Amendment. PASSED AYES 9,NOES 0 • Recommended by the Committee on Legislation (� _ Cha' er • (9)" C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Ordinance Amendment Ch 437.docx ''.-. (.0 S s A * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * ' * * * * SCANLON * * * * * WINGO * * . * * * * WYATT * * * * * [ ] * oi * 0 * [MAJ- S ] * [2/3 - 6] * * * [ 3/4 - 7] 1 Food Store License (New)—3083 Main Street (Univ)(DPIS) (Item No. 89, C.C.P., Jan. 19, 2016) M . Scanlon moved: • 0 0 4 0 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 Saleh Sayad d/b/a 3083 Main St. Inc. to operate a food store located at 3083 Main Street upon the following conditions: • Must have working security cameras inside and outside of the store. • Store surveillance system is to be registered with the Buffalo Police Department. Tapes are to be made available upon request to the authorities and have the capability of saving video for thirty (30) days. • No spray painted, hand painted or air brushed signage or graphics on the building unless professionally done and approved by the City. • No outside signage advertising tobacco, gambling (lottery) or alcohol. • No selling loose items, i.e., cigarettes, diapers, etc. • Must have trash receptacles maintained outside of the store. Dumpsters should be maintained and picked up when full or a fine will be issued. • No payphones outside of the store. • Windows should be clean and free of grime. Windows must be unobstructed and able to view inside the establishment. • Broken windows must be repaired within 72 hours. • No smoking or vaping in building. • Graffiti must be removed within 72 hours. • No vehicles parked on sidewalks. • All mechanical equipment must be in working order. • "No loitering" signs must be posted and enforced by store employees. • No selling of drug paraphernalia including, but not limited to glass test tubes, glass pipes, glass pens, "Chore Boy" scour pads, tobacco wraps, blunts, rolling papers or flowers in glass tubes, etc. • Snow must be shoveled/removed around the store grounds including fire hydrants and bus stops if on your property before 9:00 a.m. the morning following a snow fall event. • All store items are to be priced and receipt available for customers upon request. • No expired food is to be sold. • No selling of prepared food without proper Erie County Health Department license. • Store hours must be posted clearly for public view. • Hours of store operation must be determined in cooperation with the District Council Member and law enforcement. PASSED Recommended by the Committee on Legislation ,Ch, 9 s >� ,.—.X2. airman I* . 6C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Food Store License-new-3083 Main Street.docx • • * AYE * NO * * * * • FEROLET.O * * * - FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK . * * * * * • PRIDGEN * * * * RIVERA * * * SCANLON * * WINGO * • * . * * * WYATT * * * * * [ ] * * * [MAJ- 5 ] [2/3 - 6] [ 3/4 - 7] • • �j (.) 4; S. Wilkins`Owner,toUse 537 Main-Street'to'Placean Ontdooi'°Cafe 1'Ftont-ofan Existing -- Restaurant(Ell)(DPIS) (Item No. 43, C.C.P., Jan. 5, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of S. Wilkins, Owner,to place a 10'X 27' irregular shaped out café on the sidewalk in front of an existing restaurant, located at 537 Main Street. PASSED AYES 9,NOES 0 Recommended by the Committee on Legislation / _ � .�� . rman C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32Q V W6\Outdoor cafe 537 Main.docx C { s • * AYE * NO * * * * FEROLETO * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK . * * * * * * PRIDGEN * * * * • RIVERA * * * * * SCANLON * * * * • • WING() * • *. . * * * * WYATT * * * • * * * [ ] [MAJ- 5 ] - * -*• � * * a * [2/3 6] [ 3/4 - 7] • 0 () C 0 - Used Car Dealer=30 Ca u a Eli)(DP S. _ .- - .. .:. (Item No. 2443, C.C.P., Dec. 8, 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 Latasha Hardy d/b/a Hardy Automotive Wholesale Group, located at 30 Cayuga. PASSED AYES 9,NOES 0 Recommended by the Committee on Legislation irmc--P J2,-� 5-:-)C:\Users\Imcinski\AppDataU.oca➢Microsoft\Windows\Temporary Internet Files\ContentOullook\OX32QV W6\Used Car Dealer-30 Cayuga.docx 1 r • * AYE * NO * * * * • FEROLETO * * * * * • FONTANA * * * * * FRANCZYK * * * * . * GOLOMBEK * * * * PRIDGEN • * * * RIVERA * * ' * • SCANLON * * • WINGO * • * * * * WYATT * [ ] * * * [MAI- 6 ] * * * [2/3 - 6] * * * [3/4 - 7] • 3 1 J. 0 0 4 0 .a ' accept as Complete the Draft Generic Environmental Impact Statement for the Buffalo'-: "" •• Consolidated Development Framework (Mayor) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for adoption; That the Common Council hereby accepts as complete the Draft Generic Environmental Impact Statement for the Buffalo Consolidated Development Framework in the City of Buffalo. . The Buffalo Consolidated Development Framework includes a Land Use Plan by the City; a Local Waterfront Revitalization Plan; a Homestead Plan; Brownfield Opportunity Area Nomination Documents for South Buffalo, the Buffalo River Corridor, Buffalo Harbor and Urban Renewal Plans; and a Unified Development Ordinance that includes zoning, subdivision, sign and street design regulations and approval procedures. That the Common Council hereby establishes a public comment period, establishes the Buffalo Green Code website as the appropriate website to publish the Draft Generic Environmental Impact Statement, and hereby authorizes the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation, agreements and/or modifications, amendments thereto as shall be necessary to facilitate acceptance and review. ADOPTED Recommended by the Committee on LegislationC2 ` .; an . 6u C:\Users\rucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContenLOotlook\OX32QV W6\Draft Generic Environmental Impact Statement.docx 1 . . ,1 -) 3 f ' , . . , • . . . * AYE * NO * * * . FEROLETO * * * * * * FONTANA * * * * * * • . FRANCZYK * * * * * * .GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * • * * * SCANLON * * * * * * WINGO * • * . * * * * WYATT * * * * * [ ] . * * * [MAJ- 5 ] * � * 0 [2/3 - 6] * * * [ 3/4 7] " . 1 4-, • RESOLUTIONS • Feb 16,2016 1:5 0 ) 4. n , . BY: MR. FONTANA Transfer of Funds That, Pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be transferred and reappropriated as set forth below: From: 30000106-445100 Capital Projects Planning $ 121,000 To: 30091806-445500 North Buffalo Ice Rink-Design $ 121,000 PASSED • • • • • • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * * FRANCZYK * * * • . GOLOMBEK . * * * * * PRIDGEN • * * * * * * RIVERA * * * * * • SCANLON * * • WINGO • * • * , * * * • WYATT * * • * * ] . * * 6 * [MAJ- 5] [2/3 - 6] * * * [3/4 - 7] • • • • 0040E RESOLUTION 2/5/2016 By: Mr. Fontana Re: Waiver of Fees for 2016 Ice Man Run Whereas: On Saturday, February 27th 2016 Endurance America will be hosting the Ice Man Run at the Delaware Park Ring Road; and Whereas: The purpose of this event will be to raise money for the Heart Animal Rescue and Adoption Team, a 501(c)3 volunteer organization dedicated to caring for neglected, injured, abandoned, and abused animals in Western New York; and Whereas: Heart Animal Rescue and Adoption Team is a self-funded organization that receives no government funding. Now,Therefore, Be It Resolved: The Common Council hereby requests a waiver of any permit and application fees associated with the Ice Man Run. Richard A. Fontana Lovejoy District PASSED 1 5- (9,„ • • • • '3 1 • • • . . * AYE * NO * * * • FEROLETO • FONTANA * * • • * * * FRANCZYK * * * • GOLOMBEK. * * * * • PRIDGEN • * * * * * * . RIVERA * * * * * • • SCANLON • • - • * * • WINGO * • * _ . * * * • WYATT * * * • [ . * * * {MAI- 5 ] 6 [2/3 - 6] * * [ 3/4 - . • I . • • • 07 0 4 �y RESOLUTION In the Common Council of The City of Buffalo, On February 2, 2016 Council Member Franczyk submitted the following resolution: Permission To Hang Flags Along Old Neighborhood Parade Route Whereas, The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; Whereas, the parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood; Whereas, the Valley Community Center is requesting permission to hang flags along the parade route from March 1, 2016 to March 21, 2016. The parade route is Leddy Street to South Park Avenue, South Park Avenue from Hamburg Street to Smith Street, Smith Street to Elk Street, Elk Street to South Park Avenue, Hamburg to South Street, and South Street to Louisiana Street between Hamburg Street and Louisiana Street: Now, Therefore Be It Resolved that The City of Buffalo Common Council— 1) That The City of Buffalo Common Council hereby permits the Valley Community Center to hang flags alone the Old Neighborhood St. Patrick's Day Parade. The flags will be installed on March 1, 2016 and stay up until March 21, 2016 in accordance with the requirements set forth by the Department of Public Works; 2)That copies of this resolution be sent to the Department of Public Works, Special Events and Permits and Inspections. PASSED o David A. Franczyk Fillmore District Council Member DAF/JP S\0 Page 1 of 2 • • • • • • • * AYE * NO * • • FEROLET.0 * * * FONTANA • * * * FRANCZYK. * * * • GOLOMBEK * * * * PRIDGEN * * RIVERA * * * * * • • • SCANLON , . * * • • WINGO * • * _ . • WYATT • • [ ] * /•-1 * * [MAJ 5 ] • • • • [2/3 - 6] * * • [ 3/4 - 7] . • • • 1 0040g RESOLUTION In the Common Council of The City of Buffalo, On February 2, 2016 Council Member Franczyk submitted the following resolution: Waive Special Event and all Permit Fees for the"Old Neighborhood" St. Patrick's Day Parade Whereas, The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; Whereas, the parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood; Whereas, The parade route is Leddy Street to South Park Avenue from Hamburg Street to Smith Street, Smith Street to Elk Street, Elk Street to South Park Avenue, Hamburg Street to South Street to Louisiana Street: Now,Therefore Be It Resolved that The City of Buffalo Common Council— ].) Waive the Special Event application fee and all permit fees associated with the 2016 Old Neighborhood St. Patrick's Day Parade to be held on March 19, 2016; 2)That copies of this resolution be sent to the Department of Public Works, Special Events and Permits and Inspections. PASSED t) Da 'd A. Franczyk Y Fillmore District Council Member DAF/jp Page l of • * AYE * NO * * * * • FEROLETO * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * PRIDGEN * * * * * * RIVERA * * ' * * * SCANLON * * * • WING() * • * . * * * WYATT * * * * [ ] . * * * [MAJ- 5 ] * * [2/3 - 6] * * * [ 3/4 - 7] I , • 3 0 O 4 0 �J RESOLUTION { { By: Mr. Golombek Date: February 16,2016 Re: Club 49'er Annual Easter Egg Hunt -- Waive Fees Whereas: The Club 49'ers are a social group that meets in the Riverside section of the City of Buffalo and Whereas: Since their founding, the Club 49'ers have had a commitment to community service; and Whereas: The Club 49'ers have conducted an annual Easter Egg Hunt for the children and families of the Riverside and Black Rock communities for many years; and Whereas: This year the annual Club 49'ers Easter Egg Hunt will take place on Saturday, March 26, 2016 in Riverside Park; and Whereas: The annual Easter Egg Hunt is a free event and all activities are free for the community; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve waiving all fees associated with the Club 49'ers annual Easter Egg Hunt for Saturday, March 26, 2016, at Riverside Park; and Be it Further Resolved: That copies of this resolution be sent to the Department of Public Works Parks & Streets and the Corporation Counsel. ik PASSED Jo ph olombek, Jr. 4-1 { * AYE * NO * * * * • FEROLETO * * * * FONTANA * * * * * * FRANCZYK * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * SCANLON * * * * WINGO * . * * WYATT * * * * * [ ] * * [MAJ- 5 ] * * [2/3 - 6] * * * [3/4 - 7] . f d' 4: 10 RESOLUTION Sponsor: David A. Rivera February 10th,2016 Re: Trailblazing Sign on Elmwood Ave for"Lance Diamond Way" Whereas: Lance Diamond was born on July 3rd, 1945 and a lifelong resident of the City of Buffalo until his passing in 2015; and Whereas: Lance Diamond was a well-known and recognized lounge singer and radio personality based in Buffalo,New York; and Whereas: His career spanned over 40 years while passionately playing classic rock as well as many disco-era songs. Often referring to himself as the"Love Doctor"; and Whereas: His success in Buffalo lead to offers to open for shows in Las Vegas,NV,but declined due to his fondness to stay in Buffalo; and Whereas: He is an adored staple in the City of Buffalo as well as in Erie County. Lance is beloved and missed by many fans who remember his music,warmth,and humor at countless 4th of July celebrations and performances. Whereas: The location of this sign will be placed on the corner of Elmwood Avenue and West Utica Street. In front of what used to be the Elmwood Lounge, an establishment where Lance was known to regularly perform and was the place where he started his performance career. Now,Therefore,Be It Resolved: That the Common Council of the City of Buffalo approves the installation of a trailblazing sign proclaiming a portion of Elmwood Ave as"Lance Diamond Way." Be It Further Resolved: That this Common Council requests that the Department of Public Works install a trailblazing sign that reads"Lance Diamond Way"on the street pole at 522 Elmwood Avenue. Be It Finally Resolved: That this Council honors Mr. Lance Diamond for his service to the community with the creation and dedication of"Lance Diamond Way". PAS sED Pc...La/ David A. Rivera Niagara District Council Member Majority Leader DAR:MN 5'6 3 (4) * AYE * NO * * * * FEROLETO * * * FONTANA * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * RIVERA * * * * * SCANLON * * * * WINGO * • * . * * * * WYATT * * * * [MAJ- 5 ] * * U -* [2/3 - 6] [ 3/4 - 7] y 2 0 Ott p 0 4 .-. RESOLUTION SPONSOR: Christopher P. Scanlon DATE: January 27, 2016 SUBJECT: Instruct the Department of Public Works to place more Hospital Signs throughout the City of Buffalo WHEREAS: Buffalo is fortunate to have a number of world class hospitals located within our city, with Roswell Park Cancer Institute, Erie County Medical Center, and Children's Hospital being nationally recognized; and WHEREAS: The importance of the location of the hospitals throughout the City of Buffalo is a vital part of keeping our society healthy; and WHEREAS: It is equally important that citizens and visitors alike can easily identify and locate the hospital of their choice. Unfamiliarity with hospital locations may cause citizens or visitors to get lost, which could potentially lead to further injury or possibly death; and WHEREAS: In many areas throughout the city,hospital signs are few and far between; and WHEREAS: Hospital Signs directing citizens to the nearest facility should be located more frequently throughout the City of Buffalo so that the citizenry or visitors to the city can easily locate these facilities when needed. Now,Therefore be it Resolved That: The Common Council of the City of Buffalo instructs the Department of Public Works to pinpoint the current locations of Hospital Signs and determine additional appropriate locations for Hospital signs to be added; and Be it Further Resolved That: The Buffalo City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. i /I ! L_y--ehristop` er P. Scdnl n ADOPTED President Pre Tempore South District Councilmember 81 4 Q0 . RESOLUTION Sponsors: Christopher P. Scanlon Subject: Waive Event Fees the 2016 South Buffalo Farmers Market WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses,permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Farmers Market will be held every Sunday from June 5, 2016 — September 25, 2016 at Cazenovia Park; and NOW,THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all applicable events fees for the 2016 South Buffalo Farmers Market; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events. Christopher P. Scanlon President Pro Tempore South District Council Member PASSED • • * AYE * NO * * * * FEROLETO * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * PRIDGEN * * * * * * RNERA * * * * SCANLON * * * * WINGO * . * . * * * * WYATT * * * * * [ ] * * * [MA.J- 5 ] -* [2/3 - 6] * * * [ 3/4 - 7] 0 0 4 : . `> 7, RESOLUTION Sponsors: Christopher P. Scanlon Date: February 5,2016 Subject: Waive Event Fees for Star Swimming Program Swim Team Practice WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Star Swimming Program Swim Team Practice will take place February 10, 2016— February 12, 2016, February 17, 2016 —February 19, 2016, and March 3. 2-16 — March 4, 2016 from 7:00pm—9:00pm at the Connors-Kait-Harrity Memorial Pool (aka Caz Pool); and WHEREAS, Star Swimming Program Swim Team Practice provides swimming instruction to 80 children in the area and allows them to train and compete in the sport of swimming; and WHEREAS, The Star Swimming Program Swim Team Practice is beneficial to the health of local children who train, participate and compete in swimming. NOW, THEREFORE,BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works (Parks Department) waive the $3 per swimmer per day fee applicable to the Star Swimming Program; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. Christopher P. Scanlon President Pro Tempore South District Council Member PASSED • • • • • * AYE * NO * * * * FEROLETO * * * * * * FONTANA * * * • * * * FRANCZYK * * * • GOLOMBEK * * * * * * • PRIDGEN * * * . * * * • RIVERA * * * * * * • SCANLON * * • * * WINGO • * • * . * * * WYATT * * * . * * [ ] . * n * * [MAJ- 5 ] * * V • [2/3 - 6] * * * [ 3/4 - 7] . I Yea BY: MR.WYATT 06) 4 __ BUDGET AND PERSONNEL AMENDMENT 03-EXECUTIVE 1509—STRATEGIC PLANNING 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 which currently reads: 1 Rehabilitation Loan Specialist $59,854-$70,480 Is hereby amended to read: 1 Real Estate Financial Analyst $59,854-$70,480 It is herebycertified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance p g g g is necessary. BRENDAN R.MEHAFFY,EXECUTIVE DIRECTOR OF STRATEGIC PLANNING 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. 1KA-e --)CACAA_O--01(111) BRENDAN R.MEHAFFY DONNA J.ESTRICH EXECUTIVE DIRECTOR OF COMMISSIONER OF STRATEGIC PLANNING ADMINISTRATION,FINANCE,POLICY AND URBAN AFFAIRS wG " .PROV`, AS TO TAT Corporation Counsel y C • • • * AYE * NO * * * * . FEROLETO * ** * * * • FONTANA * * * . * FRANCZYK * * * * * * • GOLOMBEK . * * * . * * * , • . PRIDGEN . * * * * * * RIVERA * * • * * * SCANLON * * * . * * * WINGO •� * ' * * * * * WYATT * * * . * * * [ ] . * * * [MAJ- 5 ] * * ,6 - * ,. • . [2/3 - 6] * , * * I [3/4 - 7_] f I • I i BY: MR.WYATT (1,1 4 .. .a BUDGET AND PERSONNEL AMENDMENT 03-EXECUTIVE 1033-TRAFFIC VIOLATIONS 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 03-Executive—1033-Traffic Violations,which currently reads: 1 Supervising Traffic Agency Representative $47,790-$53,476 2 Traffic Agency Clerk $35,265 -$39,461 Is hereby amended to read: 0 Supervising Traffic Agency Representative $47,790- $53,476 4 Traffic Agency Clerk $35,265 -$39,461 1 Traffic Administrator $53,470 -$61,669 1 Administrative Secretary $40,675 -$46,434 It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary. KEVIN J.HELFER,EXECUTIVE DIRECTOR OF BTVA 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. f/h0/2--- KEVIN J.HELFER EXECUTIVE DIRECTOR OF BTVA PASSED DO�1NA J.ESTRICH COMMISSIONER OF ADMINISTRATION,FINANCE,POLICY AND URBAN AFFAIRS 6 APPROVED AS TO FORM /a( Corporation Counsel / .514( t:, ,, L.,/, ))/ a.e )` L.�•'41r" f 1'(11k//lr / be/;i.u./t; GG (1.2p 6-AfI%.,c.:/ CIS • Budget and Personnel Amendment 10333001-411001 Salary Curent Budget 240,000.00 Year to Date Expenditure 114,152.30 Available 125,847.70 Final Year End Projection 208,770.17 Surplus / (Deficit) 31,229.83 Salary Ordinance Amendment • • • 3q (e) • • • • • • • * AYE * NO * * * * FEROLETO * * * * * * • FONTANA * FRANCZYK * * * * * • GOLOMBEK * * * * PRIDGEN * * * • * * RIVERA * * * * * • SCANLON * * * * * • WINGO • * • * . * • * WYATT * * * • • * * E . ] . * * [MAJ- 5 ] * * * • [2/ - 6]3 * * * [3/4 - 7] • OO(iG 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. Luis A. Hernandez Total: 1 Adopted: 2/16/16 Ci 0 0 4 BY: RASHEED N. C. WYATT 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. Jennifer L. Atkins Charles J. Stegura TOTAL: 2 Adopted on 2/16/16 fir i , B C' 06) 4 .;.R •ANNO lNCENIENT OF C OMMiTTEE 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, February 23, 2016 at 9:45 o'clock A.M. Committee on Finance Tuesday, February 23, 2016 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, February 23, 2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday, February 23, 2016 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition,there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen,we can only make notification of what we are made aware. • 41 No. Adjournment On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the Council adjourned at PM GERALD A. CHWALINSKI CITY CLERK Feb 16,2016