HomeMy WebLinkAbout07-0306No. 5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 6, 2007
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
NIAGARA DISTRICT
DOMINIC J. BONIFACIO JR
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
DEMONE A. SMITH - MASTEN
MICHAEL J. LO CURTO - DELAWARE
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J.
LoCurto - Members
CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph
Golombek, Jr.,- Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J.
LoCurto, Bonnie E. Russell, Demone Smith - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J.
LoCurto, Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr.,
Michael P. Kearns, Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members
E" jxd /e1 W9161 kh hh111 i94 *1
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph
Golombek, Jr. Bonnie E. Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A.
Fontana, Bonnie E. Russell Members
EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members
WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana,
Joseph J. Golombek, Jr. — Members
INVOCATION - PLEDGE TO FLAG * *FINAL * **
* *MARCH 6, 2007 * **
6 -5. Strat. Plan. -Amend Lease Agree. -COB & USA Gov. Services Adm.- Use -Port of W.
Mohawk
7 -6. Strat. Plan.- Contract Award -240 Kensington Ave. & 26 Halbert-Env. Assess. (Masten)
8 -7. Strat. Plan.- Foreclosure Notification
9 -8. Strat. Plan.- Niagara River Greenway Plan
10 -9. Strat. Plan.- Refund Deposit- Purchase of 79 Gatchell St.
11 -10. Strat. Plan.- Refund Deposit- Purchase of 90 Pullman St.
12 -11. Strat. Plan.- Results Neg. -59 Bardol (Masten)
13 -12. Strat. Plan. - Results Neg. -136 Harvard (Del)
14 -13. Strat. Plan. - Results Neg. - 175 -177 Kingsley (Ell)
15 -14. Strat. Plan. - Results Neg. -237 Orange (Ell)
16 -15. Strat. Plan. - Results Neg. -277 Peach (Ell)
17 -16. Strat. Plan.- Results Neg. -81 Southampton (Ell)
18 -17. Strat. Plan. - Results Neg. -26 Vernon (Del)
19 -18. Strat. Plan. -SEQR Lead Agency Designation- Pratt- Willert UR Plan Amendment
COMPTROLLER
20 -19. Second Quarter Gap
ASSESSMENT/TAXATION
21 -20. Foreclosure Notification LEG
PUBLIC WORKS, PARKS & STREETS
22 -21. Bids - Buffalo Fire Dispatch - Boiler Replacement -Job 4701 (Ell) APP
23 -22. Bids -Erie Canal Harbor Streets -New Waterlines (Fill) APP
24 -23. Bids - Riverside Park - Football Field Reconst. (North) APP
25 -24. Perm. Enter Into Agreements w/NYSDOT -Main St. -PIN 45034.93 (Univ) APP
26 -25. Perm. Enter Into Contract /Accept Funds - Shea's O'Connell Pres. Guild LTD - Reconst. Air Cond. Svs. APP
P01,1C'.F
27 -26. Exempt Appt. -Spec. Asst. to Police Comm. For Communications R &F
28 -27. Vehicle Transfer APP
CORPORATION COUNSEL
29 -28. Accepting Late Tax Payments FIN, COMP?
30 -29. Claims Committee Agenda CLAIMS
ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS
31 -30.
MAYOR
R &F
1 -A. Mayor Brown -Out of Town Travel
R &F
2 -1.
Appt. Robert F. Leach -Chief Info. Officer of MIS
APP
3 -2.
Appts. -Parks Advisory Board
R &F
4 -3.
Mayor Brown -Out of Town Travel
R &F
5 -4.
Reappt.- Examining Bd. Of Plumbers
R &F
APP
MAYOR - EXECUTIVE
Restaurant Dance License (Renewal) -79 W. Chippewa (Ell)
6 -5. Strat. Plan. -Amend Lease Agree. -COB & USA Gov. Services Adm.- Use -Port of W.
Mohawk
7 -6. Strat. Plan.- Contract Award -240 Kensington Ave. & 26 Halbert-Env. Assess. (Masten)
8 -7. Strat. Plan.- Foreclosure Notification
9 -8. Strat. Plan.- Niagara River Greenway Plan
10 -9. Strat. Plan.- Refund Deposit- Purchase of 79 Gatchell St.
11 -10. Strat. Plan.- Refund Deposit- Purchase of 90 Pullman St.
12 -11. Strat. Plan.- Results Neg. -59 Bardol (Masten)
13 -12. Strat. Plan. - Results Neg. -136 Harvard (Del)
14 -13. Strat. Plan. - Results Neg. - 175 -177 Kingsley (Ell)
15 -14. Strat. Plan. - Results Neg. -237 Orange (Ell)
16 -15. Strat. Plan. - Results Neg. -277 Peach (Ell)
17 -16. Strat. Plan.- Results Neg. -81 Southampton (Ell)
18 -17. Strat. Plan. - Results Neg. -26 Vernon (Del)
19 -18. Strat. Plan. -SEQR Lead Agency Designation- Pratt- Willert UR Plan Amendment
COMPTROLLER
20 -19. Second Quarter Gap
ASSESSMENT/TAXATION
21 -20. Foreclosure Notification LEG
PUBLIC WORKS, PARKS & STREETS
22 -21. Bids - Buffalo Fire Dispatch - Boiler Replacement -Job 4701 (Ell) APP
23 -22. Bids -Erie Canal Harbor Streets -New Waterlines (Fill) APP
24 -23. Bids - Riverside Park - Football Field Reconst. (North) APP
25 -24. Perm. Enter Into Agreements w/NYSDOT -Main St. -PIN 45034.93 (Univ) APP
26 -25. Perm. Enter Into Contract /Accept Funds - Shea's O'Connell Pres. Guild LTD - Reconst. Air Cond. Svs. APP
P01,1C'.F
27 -26. Exempt Appt. -Spec. Asst. to Police Comm. For Communications R &F
28 -27. Vehicle Transfer APP
CORPORATION COUNSEL
29 -28. Accepting Late Tax Payments FIN, COMP?
30 -29. Claims Committee Agenda CLAIMS
ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS
31 -30.
Addressing Vacant Properties as a Regional Issue - Prepare Comprehensive Rpt.
R &F
32 -31.
Addressing Vacant Properties as a Regional Issue - Targeting Vacant Properties
R &F
33 -32.
D. Bonifacio -C. Schumer -Press Release - Resolve Issues Shared
CD
34 -33.
Food Store License -240 Central Park Plaza (Masten)
APP
35 -34.
Food Store License -456 William (Ell)
LEG
36 -35.
Restaurant Dance License (Renewal) -26 Mississippi (Fill)
APP
37 -36.
Restaurant Dance License (Renewal) -79 W. Chippewa (Ell)
APP
38 -37.
Restaurant Dance License (Renewal) -1 W. Ferry (Niagara)
APP
39 -38.
Requesting Dept. of Law Add Goals of Section 3 Program to Charter /Code
LEG
40 -39.
Used Car Dealer -3225 Bailey (Univ.)
APP
CD
APP
APP
APP
APP
APP
APP
APP
BUDGET
APP
APP
LEG
WATERFRONT
APP
APP
41 -40. Used Car Dealer -25 Roberts (Lovejoy)
LEG
42 -41. Used Car Dealer -490 Seneca (Ell)
LEG
ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
53 -51.
43 -42. List of Delinquent Taxes, User Fees, Sewer & Water Charge Liens
R &F
COMMUNITY SERVICES & RECREATIONAL PROGRAMMING
Davis
44 -43. Appt.- Director of Senior Services (Max)
R &F
BOARD OF EDUCATION
55 -52A. N. Buscaglia -M &T Bank- Foreclosure Notification
45 -43A. Trans Fat Elimination - Buffalo Public Schools
ED
SEWER AUTHORITY
FIN
46 -44. M. LoCurto- Amendment - Municipal Code re: Sewer & Utility Cut -Outs
R &F
CITY CLERK
58 -55.
47 -45. Minutes -Bd. Of Ethics - 1/9/06
R &F
48 -46. Auto Allowance
R &F
49 -47. Liquor License Applications
R &F
50 -48. Leaves of Absence
R &F
51 -49. Notices of Appointments - Mayor's Program
R &F
52 -50.
Notices of Appointments - Seasonal
R &F
53 -51.
Notices of Appointments - Temp. /Prow. /Perm.
CS
MISCELLANEOUS
Davis
54 -52.
S. Baum - Comments - Foreclosure Notification
LEG
55 -52A. N. Buscaglia -M &T Bank- Foreclosure Notification
LEG
56 -53.
J. Campolong -Amer. Water Works- Response -M. Kearns -J. Eddy -COB Water Bill
FIN
57 -54.
L.P. Ciminelli -Board Packet Documents - 2/15/07
R &F
58 -55.
B. Davis -J. Bona - Info. -Big Shotz Bar
R &F
59 -56.
B. Davis -D. Chadsey- Info. -Allen St. Bars
LEG
60 -57.
B. Davis -R. Giambrone -Req. Purchase -186 Chicago St. & 83 Fulton St.
EDPI, R. ES
61-58.
B. Davis - Pentecostal Temple Church of God in Christ -Three Years Option to Purchase
Var. Prop._EDPI,
R. EST
62 -59.
B. Davis -C. Peoples- Properties to be Considered for Demolition
EDPI
63 -60.
B. Davis -W. Small- Disposal of Foreclosure Properties
CD
64 -61.
B. Davis -R. Tobe - Renewal Req.- Restaurant /Dance License -45 W. Chippewa
R &F
65 -61A. D. Franczyk -C. Cox - Environmental Events - "Greening Bflo, "Here Comes the Sun ",
etc.
66 -62.
J. Harvey -Haz. Condition on Main St.
CLERK, CIT. SVS
67 -63.
J. Holifield -Bflo. Olmsted Parks Conservancy -Form. Of Pks. Adv. Bd. /Opp. Imposing
Fees
LEG
68 -64.
L. Mallia - Devere Mortgage Corp.- Foreclosure Notification
R &F
69 -65.
A. Piccione -Fat Bob's Smokehouse -Req. 30 Day Waiver of Waiting Period
R &F
70 -66.
M. Rodgers- Info.- Abandoned Property Issues
CD, EDPI
71 -67.
US Bankruptcy Ct.- Adelphia Comm. Corp.
R &F
72 -68.
D. Volker -Req. Home Rule- S41963/A #5381 -Local Finance Law Amendment
R &F
73 -69.
D. Zuchlewski- Proposed Olmsted Park Fees
LEG
PF,TITIONS
74 -70. P. Sorgi, Agent, Use 1545 William St.- Billboard Sign (Lovejoy) (Hrg. 3/13)
RESOLUTIONS
LEG, CP BD
114 -71.
Bonifacio
HRM- S41963/A 45381- Act -Amend Local Finance Law
ADOPT
115 -72.
Davis
Bond Resolution -Fire Apparatus Acquisition
APP
116 -73.
Davis
Bond Resolution - Vehicle Purchase - Streets Division
APP
117 -74.
Davis
Bond Resolution -Bflo. Medical Campus Streetscape
APP
118 -75.
Davis
Bond Resolution- Citywide Arterial Pavement Milling & Resurfacing
APP
119 -76.
Davis
Bond Resolution- Citywide Infrastructure Repair /Replacement
APP
120 -77.
Davis
Bond Resolution - Construction of Arena Streets -Phase II
APP
121 -78.
Davis
Bond Resolution - Emerg. Bridge Repairs
APP
122 -79.
Davis
Bond Resolution -Fargo Ave. /D'Youville College Streetscape & Traffic
APP
123 -80.
Davis
Bond Resolution - Grider St. Reconstruction
APP
124 -81.
Davis
Bond Resolution- Kenmore Avenue Paving & Streetscape
APP
125 -82.
Davis
Bond Resolution- Michigan Avenue Streetscape Improvements
APP
126 -83.
Davis
Bond Resolution- Niagara St. Gateway Project
APP
127 -84.
Davis
Bond Resolution -Porter Ave. Observation Point & Streetscape Impr.
APP
128 -85.
Davis
Bond Resolution - Reconstruction of Main St. -Phase II
APP
129 -86.
Davis
Bond Resolution- Returning Cars to Main St. -Phase I
APP
130 -87.
Davis
Bond Resolution- Sycamore Village Development
APP
131 -88.
Davis
Bond Resolution -60 Hedley Pl. Restoration
APP
132 -89.
Davis
Bond Resolution - Bailey Genesee Fire Station
APP
133 -90.
Davis
Bond Resolution - Bailey Kensington Fire Station -Phase I
APP
134 -91.
Davis
Bond Resolution -City Court Fire Alarm System
APP
135 -92.
Davis
Bond Resolution -City Hall -Fire Alarm System
APP
136 -93.
Davis
Bond Resolution -City Hall- Reconstruction
APP
137 -94.
Davis
Bond Resolution- Citywide Improvements to Building /Facilities
APP
138 -95.
Davis
Bond Resolution- Museum of Science -Phase I Plumbing Upgrade
APP
139 -96.
Davis
Bond Resolution - Kleinhans Elect. Capacity Upgrade
APP
140 -97.
Davis
Bond Resolution -New Streets Garage Planning & Analysis
APP
141 -98.
Davis
Bond Resolution -NW Comm. Ctr.: Air Conditioning
APP
142 -99.
Davis
Bond Resolution - Police Garage Car Wash
APP
143 -100.
Davis
Bond Resolution - Shea's Reconst. Air Conditioning System
APP
144 -101.
Davis
Bond Resolution- Citywide Parks Improvements
APP
145 -102.
Davis
Bond Resolution- Citywide Tree Removals & Plantings
APP
146 -103.
Davis
Bond Resolution - Demolitions - Emerg. Conditions
APP
147 -104.
Davis
Bond Resolution -ADA Improvements Var. Schools
APP
148 -105.
Davis
Bond Resolution- Computer & Technology -Phase II JSCB Schools
APP
149 -106.
Davis
Bond Resolution -Oil Tank Improvements
APP
150 -107.
Davis
Local Law Intro 43 (2007)- Boards & Commissions (Bd. Of Pkg.)
LEG
151 -107A.
Davis
Modifying the Time Restriction for Prev. Issued Sidewalk Cafe
Permits
ADOPT
152 -108.
Davis
Perm. To Hang Banner on Broadway
APP
153 -108A.
Davis
Set Pub. Hrg. -Pratt Willert Revit. Urb. Ren. Plan Amend.
ADOPT
154 -109.
Fontana
Ord. Amend.- Chapter 391 - Slaughterhouses
LEG, EDPI
155 -109A.
Fontana
Urging NYS Leg. Restore Funding 2 -1 -1 WNY in 2007 Budget
ADOPT
156 -110.
Fontana, etc.
Opp. To the Importation of Chinese Made Vehicles
ADOPT
157 -111.
Fontana, etc.
Ord. Amendment - Chapter 137, Code Enforcement
LEG, EDPI
158 -112.
Fontana, etc.
Ord. Amendment - Chapter 175, Fees
LEG, EDPI
159 -113.
Fontana, etc.
Ord. Amendment - Chapter 265, Property Managers
LEG, EDPI
160 -113A.
Franczyk
Supp. For Hosting 2011 Natl. Trust for Historic Pres. Conference in
Buffalo
ADOPT
161 -113B.
Franczyk
Grant Perm. - Valley Comm. Assn. -Hang Flags Along Old Neigh. St.
Pat's Day Rte.
APP
162 -114.
Golombek
Small Bus. Entrepreneurs Are Key to Creating a Unique Vibrant
Waterfront
CD
163 -115.
Golombek
Supporting Bflo's Small Businesses in the Film Industry
ADOPT 1,2,3 RES.; 4 TH -CD
164 -116.
Golombek
Support Crime Victim Assistance & Advocacy Program
ADOPT
165 -116A. Kearns, etc. Req. Police Comm. Brief Com. Council on Measures Being Taken to
Ensure That Law Enf Capabilities Will Not Be Compr. If "Blue Flu"
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CIVIL SERVICE
75 -1. Com 37 Feb 20
FINANCE
76 -2. No 43 Feb 20
77 -3. No 63 Feb 20
78 -4. Com 20 Dec 12
LEGISLATION
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
R &F
B. Davis -Fire Promotional Examination R &F
Contract for Fire Promotional Exams
( 482,10/31)( 467,10/17)( 469.9 /5)(HR) APP
Proposals -City Hall Cafeteria (PW) RECOMMIT
79 -5. No 56 Feb 20 J. Shepard, Own., Use 256 Allen- Eating /Drinking Est. (Hrg
Occurs on St. Pat's Weekend
LEG, POL
166 -117.
LoCurto
Grant Perm. To "Jog for Jake" -Hang Banner within COB
APP
167 -118.
Russell
Budget /Personnel Amend. -Dept. of Police -Bldg. Maint.
APP
168 -119.
Russell
Budget /Personnel Amend. -Dept. of Police - Patrol Services
APP
169 -120.
Russell
Ord. Amendment - Chapter 159- Dentistry
LEG, EDPI
170 -121.
Russell
Support for Re- instating the Erie Co. Comm. Prosecution Unit
ADOPT
171 -122.
Russell
University Heights Quality of Life Initiative
Feb 20
S. Magavern-COB Living Wage Comm.- Living Wage
R &F
ADOPT 1,2 RES.; 3
20
172 -123.
Smith
In Opposition to President Bush's 2007 Federal Budget
ADOPT
173 -124.
Smith
Support for Expanding the Downtown Erie Comm. College (ECC)
R &F
85 -11. Com
27
Campus
1 ST & 2 ND RES;
R &F
86 -12. Com
13
-CD, 3
174 -125.
Smith
Comm. Of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CIVIL SERVICE
75 -1. Com 37 Feb 20
FINANCE
76 -2. No 43 Feb 20
77 -3. No 63 Feb 20
78 -4. Com 20 Dec 12
LEGISLATION
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
R &F
B. Davis -Fire Promotional Examination R &F
Contract for Fire Promotional Exams
( 482,10/31)( 467,10/17)( 469.9 /5)(HR) APP
Proposals -City Hall Cafeteria (PW) RECOMMIT
79 -5. No 56 Feb 20 J. Shepard, Own., Use 256 Allen- Eating /Drinking Est. (Hrg
2/27) (Ell)
APP
80 -6. No
57
Feb 20
J. Allen, Own., Use 263 AKA 285 Washington -Grnd Sign (No
Pub Hrg. Req)(Ell)
APP
81 -7. Res
96
Feb 20
Opp. To Olmsted Conservancy Imposing Fees Upon Youth
Sports Org. (Exc. 1s'& 2nd Res.)
RECOMMIT
82 -8. No
52
Feb 20
S. Magavern-COB Living Wage Comm.- Living Wage
R &F
83 -9. Com
20
Feb 20
Rest. Dance License (Renewal) -45 W. Chippewa (Ell) (EDPI)
DENY
84 -10. No
49
Feb 20
M. Kearns -Time Warner Cable- Subscriber Info. /Customer Rates
R &F
85 -11. Com
27
July 25
Handicap Accessibility of City Parks (PW)
R &F
86 -12. Com
13
Dec 12
Outlining a Strategy to Get Illegal Guns Off the Street (CP)
R &F
87 -13. Res
117
Apr 18
Strengthen Pest Management Board
R &F
88 -14. Res
82
Jan 23
Time Warner Cable Franchise Extension
R &F
COMMUNITY DEVELOPMENT
89 -15. Com
29
Feb 20
Quarterly Reports for CDBG Agencies (Comm. Services)
R &F
90 -16. Res
90
Feb 20
Family Attractions at Erie Canal Harbor (Exc. 1s'& 2nd Res.)
WATERFRC
91 -17. Res
93
Feb 20
Opp. Sale of Albright Knox Permanent Coll. (Exc. 2nd Res.)
R &F
92 -18. No
56
Jan 23
J. Golombek -J. Gabriel - "Back to Basics Welding Course"
R &F
93 -19. Com
5
Feb 6
Union Ship Canal (Strat. Plan.)
ADOPT
SPECIAL
COMMITTEES
BUDGET
94 -20. Com
9
Jan 23
Comprehensive Annual Financial Rpt. For FY Ended 6/30/06
( Compt)
R &F
95 -21. No
40
Nov 28
M. Deutschman - League of Women Voters -Opp. To Ranzenhofer
Sales Tax Dist. Resolution
R &F
96 -22. No
44
Jan 9
Home Owner Waterline Repairs (410,12/26) (PW)
R &F
97 -23. Com
17
Dec 26
Bflo. Mun. Water Authority -Five Year Capital Plan(PW)
APP
98 -24.
Com
14
Nov 28
2007 Capital Budget Recommendation & Five Yr. Plan (Compt)
R &F
99 -25.
Com
3
June 13
COB Four Year Financial Plan Revised 5/24/06 (Mayor)
R &F
100 -26.
Com
13
Nov 14
First Quarter Gap (Compt)
R &F
101 -27.
Com
39
Nov 14
2006 -2007 First Quarter Gap Sheet (AFUA)
R &F
102 -28.
No
94
Oct 3
Model Quality of Life Center ( 443, 9/5) (Pol)
R &F
103 -29.
No
95
Oct 3
C.O.P.S. Info. (Exc. 1s'& 2" Res) ( 4147,4/4)
R &F
104 -30.
Res
132
May 16
Req. Gov. & NYS Leg. Lift Wage Freeze & Phase Out Control
Bd. In COB
R &F
105 -31.
Com
7
April 4
Audit of Bd. Of Ed.- 7/1/03 - 12/31/05 -BOE Responses; Audit
Follow- Up /BOE Addl. Info. (Compt.)
R &F
106 -32.
No
72
May 2
Response -COB Audit & Audit Report Follow -Up (Bd. Ed.)
( 451,4/18)
R &F
107 -33.
No
74
May 2
Bd. Of Ed. Audit -July 1, 2003 to December 31, 2005 (Compt.)
(415,3/21)
R &F
108 -34.
No
75
May 2
Bd. Of Ed. Audit -Audit Follow -Up (Compt.) ( #16, 3/21)
R &F
109 -35.
Res
142
April 4
Inviting Reps of MBBA & JER Revenue Services to Meet With
Common Council Re Prop. In COB (Exc. 1s'& 2" d Res)
R &F
110 -36.
Res
123
Nov 3
Request for Monthly Budget Report
R &F
111 -37.
Res
150
June 14
Review of Operational Redundancy & Duplicity (Exc. 1s Res)
R &F
112 -38.
Com
49
June 28
Review of Operational Redundancy & Duplicity (Bd. Ed.)
R &F
113 -39.
Com
50
June 28
Review of Operational Redundancy & Duplicity (BSA)
R &F
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MARCH 6, 2007
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana,
Golombek, Kearns, LoCurto, Russell and Smith — 9.
ABSENT-0
On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on February 20,
2007 were approved.
FROM THE MAYOR
NO. 1
MAYOR BYRON W. BROWN
OUT OF TOWN TRAVEL
Pursuant to Section 4 -4 of the City of Buffalo Charter, I hereby designate Corporation Counsel Alisa Lukasiewicz to
perform the Mayor's duties on Tuesday, March 6, 2007 through Wednesday, March 7, 2007.
1 will be out of town and will return to the office on Thursday, March 8, 2007.
RECEIVED AND FILED
NO. 2
APPOINT ROBERT F. LEACH, CHIEF INFORMATION OFFICER OF
MANAGEMENT INFORMATION SYSTEMS
Pursuant to §9 -2 of the Charter of the City of Buffalo, we hereby appoint Robert F. Leach to the position of Chief
Information Officer of the Department of Management Information Systems.
We have attached Mr. Leach's resume for Your Honorable Body's review. Mr. Leach possesses nearly 28 years of
progressive experience in management and information technology, with cross - functional assignments in finance and
purchasing. Most recently, Mr. Leach served as Director of Information Technology Operations and Maintenance
Services for the United States Department of Education in Washington, D.C., acting as Chief Technology Officer
supporting sixteen program offices including the Federal Student Aid program. Mr. Leach participated in the Global
Executive Leadership Program in 2002 and earned an MBA in Management Information Systems in 1977 from SUNY,
Albany. Mr. Leach's extensive public and private sector experience in both management, and information and
technology will be a great asset to the City of Buffalo as we continue to improve the efficiency and productivity of City
government.
Upon confirmation by Your Honorable Body, Mr. Leach will relocate his residence to the City of Buffalo in accordance
with the City Charter requirements.
We hereby certify that Robert F. Leach is well qualified to discharge the duties of Chief Information Officer of the
Department of Management Information Systems, and we are proud to appoint him to this position.
We urge this Honorable Body to confirm Mr. Leach at your earliest opportunity.
Mr. Bonifacio moved:
That the above communication from the Mayor dated March 1, 2007, be received and filed; and
That the appointment of Robert F. Leach, as Chief Information Officer of the Department of Management Information
Systems, be and it hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 3
APPOINTMENTS TO THE PARKS ADVISORY BOARD
Pursuant to Article 10, Section 6 -54 of the Charter of the City of Buffalo, I hereby appoint the following individuals to
serve on the Parks Advisory Board for a one -year term commencing immediately and expiring December 31,2007.
Joseph N. Giambra
96 Huntley Rd.
Buffalo, NY 14215
Susan Gonzalez
311 Lakefront Blvd.
Buffalo, NY 14202
Joseph Giambra served as the Commissioner of Public Works, Parks and Streets since 1994 until his recent retirement
in December 2006. He has served in a variety of capacities within the Department of Public Works since 1977.
Susan Gonzales is currently serving as the Director of Recreational Programming for the Department of Community
Services, Coordinator of Special Events and Executive Director of the Police Athletic League (PAL). She has over 10
years of service with the City of Buffalo.
I hereby certify that the above named individuals are fully qualified to serve as members of the Parks Advisory Board.
RECEIVED AND FILED
NO. 4
MAYOR BYRON W. BROWN
OUT OF TOWN TRAVEL
Pursuant to Section 4 -4 of the City of Buffalo Charter, I hereby designate Corporation Counsel Alisa Lukasiewicz to
perform the Mayor's duties on the evening of Tuesday, February 20, 2007 through the evening of Thursday, February
22, 2007.
1 will be out of town and will return to the office on the evening of Thursday, February 22, 2007.
RECEIVED AND FILED
NO. 6
REAPPOINTMENT - EXAMINING BOARD OF PLUMBERS
Pursuant to Article 4, Section 40 -a of the Charter of the City of Buffalo, I hereby reappoint Anthony M. Christiano, Jr.,
1273 Hertel Avenue, Buffalo, NY 14216 as a member of the Examining Board of Plumbers for a 3 -year term
commencing immediately and expiring December 31, 2009.
1 hereby certify that the above named individual is fully qualified to serve as a member of the Examining Board of
Plumbers.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
AMEND LEASE AGREEMENT BETWEEN THE
CITY OF BUFFALO AND THE UNITED STATES OF
AMERICA GOVERNMENT SERVICES ADMINISTRATION
FOR USE OF A PORTION OF WEST MOHAWK BETWEEN
DELAWARE AND SOUTH ELMWOOD
ITEM NO. 16, C.C.P. 9/2//03
In the above referenced item, Your Honorable Body approved a lease agreement between the City of Buffalo and the
United States Government Services Administration (GSA). The purpose of the lease agreement is to allow the GSA to
lease a portion of West Mohawk Street, between Delaware and South Elmwood, needed by the Federal Government in
order to comply with set back requirements for the proposed new Federal Courthouse Building. The term of the lease
was for Twenty (20) Years with annual rental payments to the City of Buffalo in the amount of Twenty -Five Thousand
Dollars ($25,000.00).
As Your Honorable Body is aware, construction of the new courthouse was delayed due to lack of appropriate funding
at the federal level. Efforts are now under way in Washington to provide funding for the Buffalo Federal Courthouse
Project. This has prompted this office and the Office of General Services to review the lease agreement that was
approved by the Common Council. There are no significant changes except for the annual rental amount to be paid by
the GSA.
The City of Buffalo requested and received an updated real estate appraisal to establish the current fair rental value of
that portion of West Mohawk Street to be leased. The annual rental payment has increased from Twenty -Five
Thousand Dollars ($25,000.00) annually to Thirty -One Thousand Dollars ($31,000.00) annually for the term of the lease
based on the new appraisal conducted by G.A.R. Associates, Inc. The GSA has agreed to the increased annual
payment.
We are providing a copy of the amended lease agreement for your review and approval.
I am recommending that Your Honorable Body approve the amended lease agreement between the City of Buffalo and
the United States of America, General Services Administration, for the use of a portion of West Mohawk between
Delaware and South Elmwood and authorize the Mayor to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated March 1, 2007, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to amend the lease between the City and the United
States of America, General Services Administration, for use of West Mohawk between Delaware and South Elmwood
for a twenty (20) year term, annually to thirty -one thousand dollars ($31,000.00) annually for the term of the lease. That
the Mayor be authorized to execute the same.
PASSED
AYES - 9 NOES -0
NO. 7
CONTRACT AWARD
240 KENSINGTON AVENUE AND 26 HALBERT
ENVIRONMENTAL ASSESSMENT MASTEN DISTRICT
(ITEM NO. 289, C.C.P. 07/20/04)
The City of Buffalo plans to undertake a Phase II environmental assessment on properties located at 240 Kensington
and 26 Halbert. The City is the current owner of the properties.
The City has advertised for, received and reviewed bids to undertake the Phase II environmental assessment of the
properties. Panamerican Environmental, Inc. has submitted the lowest qualified bid at a not to exceed cost of
$40,550.00. It is understood that funds are available for this project from the City's environmental remediation bond
account #38310206.
1 respectively request that your Honorable Body authorize that the contract to undertake the Phase II assessment of the
240 Kensington and 26 Halbert properties be awarded to Panamerican Environmental, Inc., and to further authorize the
Mayor to execute a contract with Panamerican Environmental.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated February 20, 2007, be received and filed;
and
That the Executive of Strategic Planning be, and he hereby is authorized to authorized to award a contract for Phase 11
Environmental Assessment on properties located at 240 Kensington and 26 Halbert, to Panamerican Environmental,
Inc., in an amount not to exceed $40,550.00. Funds for the project are available in the City's environmental remediation
bond account #38310206.
PASSED
AYES - 9 NOES -0
NO. 8
OFFICE OF STRATEGIC PLANNING EXECUTIVE DIRECTOR'S OFFICE
FORECLOSURE NOTIFICATION
( #94 C.C.P. FEB. 20, 2007)
Please accept the attached in response to Common Council's request for comments on the pros and cons of enacting a
Foreclosure Notification.
ATTACHMENT
REFERRED TO THE COMMITTEE ON LEGISLATION.
OFFICE OF ECONOMIC DEVELOPMENT PERMITS AND OFFICE OF STRATEGIC PLANNING
NO. 9
NIAGARA RIVER GREENWAY PLAN
In 2004, the Niagara Greenway Commission was created to undertake all necessary actions to facilitate the creation of
the Niagara River Greenway. AS part of the legislation, the Commission was directed to develop a plan in order to
enhance waterfront access, complement economic revitalization of the communities along the river, and ensure the
long term maintenance of the Greenway.
In May of 2006, Your Honorable Body approved a settlement with the New York Power Authority wherein NYPA would
provide funding to support the development of the City's waterfront. A portion of the $279,000,000 in funding was
structured as follows: Commencing with a new 50 year federal license for the Niagara Power Project, in September
2007, NYPA will contribute $2,000,000 annually (for 50 years) to a Greenway Fund to finance projects selected by a
committee comprised of the City, the County, NYPA and Buffalo Olmsted Parks to implement the Niagara River
Greenway Plan. The settlement agreement requires that this funding be spent on projects consistent with the
Greenway Plan, if such plan has been completed and /or approved by all involved agencies and /or entities.
The Niagara Greenway Commission has created and adopted the attached plan which requires the approval of the City
of Buffalo.
The attached plan has been reviewed by the Department of Economic Development, Permit and Inspection Services as
well as the Office of Strategic Planning. This Plan will guide future redevelopment in a manner which is consistent with
the City's Comprehensive Plan and provides a framework to ensure that the Niagara River Greenway fulfills its potential
to become a world class greenway. The Plan provides guidelines to protect and revitalize one of the City's greatest
assets, its waterfront.
On behalf of the Department of Economic Development, Permit and Inspection Services as well as the Office of
Strategic Planning, we respectfully request that Your Honorable Body approve the attached Plan.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 10
REFUND DEPOSIT
PURCHASE OF 79 GATCHELL STREET
ITEM #120, C.C.P. 4/4/06
Your Honorable Body previously authorized the sale of 79 Gatchell, a City owned two family dwelling to Mr. Ella
Agkavanakis, 19 Argyle Avenue, Amherst, New York 14226, for the sale price of Four Thousand Five Hundred Dollars
($4,500). The purpose for the purchase was to bring the property into code compliance and use as a rental property.
Mr. Agkavanakis was using personal savings to repair the home.
Prior to closing on title, the property was damaged by vandals. The damage exceeds Mr. Agkavanakis's financial ability
to complete needed repairs. He is therefore requesting to rescind the sale and return his deposit.
I am recommending that Your Honorable Body approve the rescission of the sale and refund the deposit of Four
Hundred Fifty Dollars ($450) to Mr. Ella Aghavanakis.
Mr. Bonifacio moved:
That the communication from the Department of Strategic Planning, dated February 27, 2007, be received and filed;
and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 79 Gatchell
Street, and forfeit the deposit in the amount of four hundred and fifty dollars ($450.00) to Mr. Ella Aghavanakis and to
rescind the sale.
PASSED
AYES - 9 NOES -0
NO. 11
REFUND DEPOSIT
PURCHASE 90 PULLMAN STREET
ITEM #121, C.C.P. 4/4/06
Your Honorable Body previously authorized the sale of 90 Pullman, a City owned one family dwelling to Mr. Ella
Agkavanakis, 19 Argyle Avenue, Amherst, New York 14226, for the sale price of One Thousand Five Hundred Dollars
($1,500). The purpose for the purchase was to bring the property into code compliance and use as a rental property.
Mr. Agkavanakis is requesting a refund of his deposit, since the property was damaged prior to transfer of title. Vandals
entered the property and caused considerable damage to the heating and plumbing system. In light of the
circumstances, Mr. Agkavanakis is requesting that the sale be rescinded and the deposit amount of One Hundred Fifty
Dollars ($150) be refunded due to the damages to the property.
I am recommending that Your Honorable Body approve the rescission of the sale and refund the deposit of One
Hundred Fifty Dollars ($150) to Mr. Ella Agkavanakis.
Mr. Bonifacio moved:
That the communication from the Department of Strategic Planning, dated February 27, 2007, be received and filed;
and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 90 Pullman
Street, and forfeit the deposit in the amount of one hundred and fifty dollars $150.00) to Mr. Ella Aghavanakis and to
rescind the sale.
PASSED
AYES - 9 NOES -0
NO. 12
RESULTS OF NEGOTIATIONS
59 BARDOL, 29' W SPEISS
LOT SIZE: 29'X 120'
ASSESSED VALUATION: $2,100
(MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 59 Bardol Street from Mrs.
Juanita Decree, 63 Bardol Street, Buffalo, New York 14211. Mrs. Decree owns and resides at 63 Bardol, which is
adjacent to 59 Bardol. She intends to use the vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales prices range
from Thirty Cents (.30) to Sixty Cents (.60) per square foot.
The results of our negotiations are that Mrs. Decree has agreed and is prepared to pay Two Thousand One Hundred
Dollars ($2,100), Sixty Cents (.60) per square foot, for the subject property. Mrs. Decree has also agreed to pay for the
cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 59 Bardol to Mrs. Juanita Decree in the amount of
Two Thousand One Hundred Dollars ($2,100). 1 am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
NO. 13
RESULTS OF NEGOTIATIONS
136 HARVARD, 180' N LAFAYETTE
VACANT LOT: 30'X 93'
ASSESSED VALUATION: $3,200.
(DELAWARE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 136 Harvard Place from
Mr. Mike Stepney and Mrs. Gloria Stepney, 140 Harvard Place, Buffalo, New York 14209. Mr. and Mrs. Stepney own
and reside at 140 Harvard Place, which is adjacent to 136 Harvard Place. They intend to use this vacant lot for
additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Sixty -Five Cents (.65) to One Dollar and Eight -Five Cents ($1.85) per square foot.
The results of our negotiations are that Mr. and Mrs. Stepney have agreed and are prepared to pay Two Thousand Five
Hundred Dollars ($2,500), Ninety Cents (.90) per square foot for the subject property. Mr. and Mrs. Stepney have also
agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 136 Harvard Place to Mr. and Mrs. Stepney in the
amount of Two Thousand Five Hundred Dollars ($2,500). 1 am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 12, 2007
he received and filed; and
That the offer from Mr. Mike Stepney and Mrs. Gloria Stepney, residing at 140 Harvard Place, in the sum of two
thousand and five hundred dollars ($2,500.00) for the purchase of 136 Harvard, 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 Corporation Counsel 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
NO. 14
RESULTS OF NEGOTIATIONS
176 KINGSLEY, 160.60' E WOHLERS
LOT SIZE: 24'X 116'
ASSESSED VALUATION: $1,600.
177 KINGSLEY, 176.26' E WOHLERS
LOT SIZE: 24'X 116
ASSESSED VALUATION: $1,600.
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 175 and 177 Kingsley from
Mrs. Barbara A. Kupiec - Beharry, 183 Kingsley Street, Buffalo, New York 14208. Mrs. Kupiec - Beharry owns and resides
at 183 Kingsley, which is adjoining to 175 and 177 Kingsley. She intends to use the vacant parcels of land for additional
green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sale prices range from Thirty
Cents (.30) to Sixty Cents (.60) per square foot.
The results of our negotiations are that Mrs. Kupiec - Beharry has agreed and is prepared to pay Three Thousand One
Hundred Dollars ($3,100), Fifty -Six Cents (.56) per square foot for the subject properties. Mrs. Kupiec - Beharry has also
agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 175 and 177 Kingsley to Mrs. Barbara A. Kupiec-
Beharry in the amount of Three Thousand One Hundred Dollars ($3,100). 1 am further recommending that the
Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 12, 2007
be received and filed; and
That the offer from Mrs. Barbara A. Kupiec - Beharry, residing at 183 Kingsley Street, in the sum of three thousand and
one hundred dollars ($3,100.00) for the purchases of 175 and 177 Kingsley, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel 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
NO. 16
RESULTS OF NEGOTIATIONS
237 ORANGE, 266' N HIGH
VACANT LOT: 39'X 100'
ASSESSED VALUATION: $1,300.
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 237 Orange Street from
FCA Development, LLC, c/o Ms. Dewette C. Aughtry, 105 Court Street, Suite 412, Brooklyn, New York 11201. FCA
Development, LLC owns a two family dwelling at 233 Orange Street, which is adjacent to 237 Orange Street. FCA
Development, LLC intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Forty -Five Cents (.45) to Eight -Five Cents (.85) per square foot.
The results of our negotiations are that FCA Development, LLC has agreed and is prepared to pay Two Thousand
Three Hundred Dollars ($2,300), Sixty Cents (.60) per square foot for the subject property. FCA Development, LLC has
also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 237 Orange Street to FCA Development, LLC, c/o
Ms. Dewette C. Aughtry in the amount of Two Thousand Three Hundred Dollars ($2,300). 1 am further recommending
that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 12, 2007
be received and filed; and
That the offer from FCA Development, LLC, c/o Ms. Dewette C. Aughtry,
105 Court Street, Suite 412, Brooklyn, New York 11201, in the sum of two thousand and three hundred dollars
($2,300.00) for the purchase of 237 Orange, 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 Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor he authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 16
RESULTS OF NEGOTIATIONS
277 PEACH, 125' N NORTH
VACANT LOT: 26'X 105'
ASSESSED VALUATION: $1,300
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 277 Peach Street from Mr.
George F. Johnson and Mrs. Florence D. Johnson, 40 Pansy Place, Buffalo, New York 14208. Mr. and Mrs. Johnson
own a two family home at 283 Peach Street, which is adjacent to 277 Peach Street. They intend to use this vacant lot
for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Forty -Five Cents (.45) to Sixty -Five Cents (.65) per square foot.
The results of our negotiations are that Mr. and Mrs. Johnson have agreed and are prepared to pay One Thousand
Three Hundred Dollars ($1,300), Fifty Cents (.50) per square foot for the subject property. They have also agreed to
pay for the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 277 Peach Street to Mr. and Mrs. Johnson in the
amount of One Thousand Three Hundred Dollars ($1,300). 1 am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 14, 2007
be received and filed; and
That the offer from Mr. George F. Johnson and Mrs. Florence D. Johnson, residing at 40 Pansy Place, in the sum of
one thousand and three hundred dollars ($1,300.00) for the purchase of 277 Peach, 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 Corporation Counsel 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
NO. 17
Results of Negotiations
81 Southampton, 84.60'E Michigan
Vacant Lot: 41' x 39'
Assessed Valuation: $400.
(Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 81 Southampton Street
from St. James House of Prayer Church of God in Christ, Ms. Daisy Jackson, 1221 Michigan Avenue, Buffalo, New
York 14209. The Church owns 1221 Michigan, and vacant lots at 1215 and 1213 Michigan and 79 Southampton Street,
which are adjacent to 81 Southampton. The Church intends to use these parcels along with 81 Southampton for
additional church green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales prices range from
Forty Cents (.40) to Seventy -Five Cents (.75) per square foot.
The results of our negotiations are that St. James House of Prayer Church of God in Christ has agreed and is prepared
to pay One Thousand Two Hundred Dollars ($1,200), Seventy -Five Cents (.75) per square foot, for the subject
property. The Church has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal
description.
I am recommending that Your Honorable Body approve the sale of 81 Southampton Street to St. James House of
Prayer Church of God in Christ in the amount of One Thousand Two Hundred Dollars ($1,200). 1 am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 12, 2007
be received and filed; and
That the offer from St. James House of Prayer Church of God in Christ, Ms. Daisy Jackson, 1221 Michigan Avenue, in
the sum of one thousand and two hundred dollars ($1,200.00) for the purchase of 81 Southampton, 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 Corporation Counsel 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
NO. 18
Results of Negotiations
26 Vernon, 172.46'W Main
Vacant Lot: 31' x 40'
Assessed Valuation: $500.
(Delaware District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 26 Vernon Place from E.K.
Morgan Family Limited Partnership, c/o Ms. Louise Gillings, 24 Vernon Place, Buffalo, New York 14214. Ms. Gillings
owns and resides at 24 Vernon, which is adjacent to 26 Vernon and intends to use this vacant lot for additional green
space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Fifty Cents (.50) to One Dollar ($1.00), per square foot.
The results of our negotiations are that Ms. Gillings has agreed and is prepared to pay Five Hundred Dollars ($500),
Seventy -Nine Cents (.79) per square foot for the subject property. Ms. Gillings has also agreed to pay for the cost of the
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 26 Vernon to E.K. Morgan FLP, c/o Ms. Louise
Gillings in the amount of Five Hundred Dollars ($500). 1 am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 31, 2007
be received and filed; and
That the offer from E. K. Morgan Family Limited Partnership, c/o Ms. Louise Gillings, 24 Vernon Place, in the sum of
five hundred dollars ($500.00) for the purchase of 26 Vernon, 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 Corporation Counsel 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
NO. 19
SEQR Lead Agency Designation - Pratt - Willert
Urban Renewal Plan Amendment
It is proposed that the City of Buffalo undertake the additional site designation and amendment to the existing Pratt -
Willert Revitalization Project Urban Renewal Plan. The plan amendment will allow for new housing construction,
financed under the HUD HOME and Fannie Mae Programs, within the area bounded by Sycamore Avenue, Broadway
Avenue, Spring Street, and Jefferson Avenue. Prior to the implementation of the above - referenced project, the
requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project as
defined under SEQR is an "Unlisted Action" for which the completion of a coordinated environmental review is
recommended by the Buffalo Urban Renewal Agency (BURA). As per Section 617.6 of the regulations an agency
responsible for determining the effect of this action on the environment must be designated from among the involved
agencies within 30 days of this notification. BURA proposes to assume the SEQR lead agency status for this action,
and respectfully requests the Common Councils' approval of this proposal. The project Environmental Assessment
Form is enclosed for your review. If the Council has no objection to the designation of BURA as lead agency please
inform my office within the 30 day period.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, dated March 1, 2007, be received and filed; and
That the Common Council hereby consents to the Buffalo Urban Renewal Agency as Lead Agency for Pratt - Willert
Revitalization Project Urban Renewal Plan Amendment.
PASSED
AYES — 9 NOES — 0
FROM THE COMPTROLLER
NO. 20
Second Quarter Gap
We have reviewed the Administration's second quarter Gap report and are filing our review and summation as required
under the City's Charter. It is our opinion that the second quarter Gap report fairly and reasonably represents the Cites
revenues and expenditures on a budgetary basis.
The Gap reports a surplus of $9.65 million. This surplus assumes the use of fund balance of $7.1 million, therefore in
accordance with Generally Accepted Accounting Principles (GAAP), the adjustment to fund balance is projected to be
$3 million. If any of the AIM or efficiency monies that will be held by the BFSA are released, we assume an offsetting
expenditure of the same amount.
The Administration's GAP report realistically projects year -end results based on six months of data. We will caution you
that changes may still occur over the next six months that could affect fund balance.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 21
"Foreclosure Notification"
C.C.P. 12/20/06
Item # 94
This is in response to the February 21, 2007 communication from the Common Council requesting comments of the
Department of Assessment and Taxation regarding the Resolution sponsored by Common Council President David A.
Franczyk and South District Councilmember Michael P. Kearns relative to foreclosure notification.
After reviewing the Resolution and the proposed legislation, this office supports the resolution. The Department of
Assessment and Taxation maintains a list of those banks that are paying the City Tax and Sewer Rent bill through
mortgage escrow accounts and that information is available. We are not aware of the identify of banks where there is
no mortgage escrow account.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 22
Report of Bids
Buffalo Fire Dispatch
Boiler Replacement
Job #0701
Ellicott District
I advertised for on February 6, 2007 and received the following formal sealed bids for the Buffalo Fire Dispatch, Boiler
Replacement, on February 27, 2007.
J. W. Danforth Co. $84,731.00
300 Colvin, Tonawanda, NY
D V Brown & Associates $94,381.00
567 Vickers, Tonawanda, NY
Colgate Heating NO BID
R P Mechanical NO BID
I hereby certify that the foregoing is a true and correct statement of all bids received and that J. W. Danforth Co., with a
bid of Eight Four Thousand Seven Hundred Thirty One and 001100 Dollars ($84,731.00), is the lowest responsible
bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bid. Funds for this project are available in 39320406 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 28,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract
for the Buffalo Fire Dispatch, Boiler Replacement, to J. W. Danforth Co., the lowest responsible bidder, in the amount of
$84,731.00. Funds for the project are available in 39320406 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 23
Report of Bids
Erie Canal Harbor Streets - New Waterlines
Fillmore
Plans and specifications were prepared and sealed proposals accepted for installation of new watermains and
appurtenances for the Erie Canal Harbor Streets.
I hereby submit the following report of bids which were received and opened in my office at Ii:00 a.m. on February 7,
2007.
C. Destro Development $121,000.00
2255 Bailey Avenue
Buffalo, NY 14211
Kandey Company $127,430.00
19 Ransier Dr.
West Seneca, NY 14224
WNY Contractors Inc. $138,280.00
2507 Browcroft Blvd., Suite 105
Rochester, NY 14625
Visone Construction $159,795.00
79 Sheldon Avenue
Depew, NY 14043
Pinto Construction Services, Inc. $222,312.00
1 Babcock Street
Buffalo, NY 14210
1 certify that foregoing is a true and correct statement of all bids received and that C. Destro Development is the lowest
responsible bidder complying with the plans and specifications.
I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to
enter into a contract with C. Destro Development for the cost thereof to be charged to the Division of Water account
53023517 in the amount of $121,00.00 plus 10% for approved unit prices for a total encumbrance of $133,100.00.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 28,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract
for the Erie Canal Harbor Streets - New Waterlines, to C. Destro Development, the lowest responsible bidder, in the
amount of $121,00.00 plus 10% for approved unit prices for a total encumbrance of $133,100.00. Funds for the project
are available in the Division of Water account 53023517 in the amount of $121,000.00.
PASSED
AYES — 9 NOES — 0
Report of Bids
Riverside Park
Football Field Reconstruction
(North)
I advertised on February 14, 2007 and have received the following bids for the Riverside Park Football Field
Reconstruction contract, which were publicly opened & read on February 27, 2007,
General Contractor Base Bid
Birch Grove Landscaping $28,300.00
PO Box 117
East Aurora, NY 14052
Thomann Asphalt Paving $34,500.00
56 Gunnville Road
Lancaster, NY 14086
Allgaier Construction Corp. $51,800.00
4790 Thompson Road
Clarence, NY 14031
Titan Development, Inc. $52,500.00
8534 Seaman Road
Gasport, NY 14067
Scott Lawn Yard $59,320.00
6552 Townline Road
Sanborn, NY 14132
1 hereby certify the foregoing is a true and correct statement of the bids received and that Birch Grove Landscaping of
East Aurora, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract
amount is $28,300.00.
1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on
the basis of the low bids. The Engineer's estimate for this work was $50,000 and funds for this work are available in
account #39400106.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 27,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract
for Riverside Park, Football Field Reconstruction, to Birch Grove Landscaping, the lowest responsible bidder, in the
amount of $28,300.00. Funds for the project are available in account #39400106.
PASSED
AYES — 9 NOES — 0
NO. 25
Permission to Enter into Agreements w /NYSDOT
Maintenance of Traffic Control Signal System
Main St., Buffalo, NY
PIN #5034.93
University District
Phase I reconstruction of Main St. from Bailey Ave. to Hertel Ave. is essentially complete with traffic control signals
constructed to meet New York State Department of Transportation ( NYSDOT) specifications. This was done with the
intention for this traffic control system to be maintained by NYSDOT on this portion of Main St., which is part of the
National Highway System (NHS).
As a result permission is being requested from Your Honorable Body to approve a resolution authorizing the Mayor to
negotiate and enter into an agreement with the NYSDOT for maintenance of the traffic control signal system on Main
St. from Bailey Ave. to Hertel Ave., PIN #5034.93
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 28,
2007 be received and filed; and
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State
Department of Transportation, PIN #50934.93 for maintenance of the traffic control system on Main Street from Bailey
to Hertel Avenues.
PASSED
AYES — 9 NOES — 0
NO. 26
Permission to Enter Into a Contract and
Accept Funds
Shea's O'Connell Preservation Guild, Ltd.
Reconstruct Air Conditioning System
Permission is hereby requested from Your Honorable Body to enter into an agreement with and accept funds from
Shea's O'Connell Preservation Guild, Ltd. ( Shea's) to reconstruct the air conditioning system at Shea's Performing Arts
Center.
Shea's has received a $700,000 grant from Empire State Development Corporation and is providing $250,000 of their
own funds for the project. The City of Buffalo is in the process of providing $300,000 through the 2007 bond issue.
Through the proposed agreement, Shea's will provide construction funding for this project. This shall include: their
share, $250,000; $700,000 for the ESDC grant that they will then seek reimbursement from the State; and the
$300,000 City share until the bonds have been sold.
The total amount that the City will providing is the $300,000 contained in the 2007 bond issue.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 21,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into an
agreement with and accept funds from Shea's O'Connell Preservation Guild, Ltd. to reconstruct the air conditioning
system. The total amount that the City will provide is the $300,000 contained in the 2007 bond issue.
PASSED
AYES — 9 NOES — 0
FROM THE COMMISSIONER OF POLICE
NO. 27
Exempt Appointment
We are requesting that this correspondence be filed as a matter of information only.
Listed below is the individual being appointed to the exempt position of Special Assistant to the Police Commissioner
for Communications which will be effective March 5, 2007:
Michael J. DeGeorge 271 Huntington Avenue Buffalo, NY 14214
RECEIVED AND FILED
NO. 28
VEHICLE TRANSFER
THE BUFFALO POLICE DEPARTMENT IS REQUESTING PERMISSION TO TRANSFER OWNERSHIP OF A 1991
CHEVROLET VAN THAT HAS 113,000 MILES TO THE ATTICA POLICE DEPARTMENT. THIS VAN HAS A CITY
ASSET NUMBER OF P -135, THEY WILL USE THE VAN FOR SURVEILANCE TRAINING PURPOSES. ITS VALUE IS
APPROXIMATLEY $200.00. THIS VEHICLE WAS ORIGINALLY SCHEDULED FOR AUCTION. IF PERMISSION IS
GRANTED WE WILL NOTIRY THE PURCHASE DIVISION OF APPROVAL.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Police dated February 2, 2007, be received and filed; and
That the Commissioner of Police and the Director of Purchase be, and they hereby are authorized to transfer ownership
of a 1991 Chevrolet van, as more fully described above, to the Attica Police Department.
PASSED
AYES — 9 NOES — 0
FROM THE CORPORATION COUNSEL
NO. 29
Accepting Late Tax Payment
(Res. 108 CCP February 6, 2007 (Finance)
Your Honorable Body has asked the Corporation Counsel to provide a response regarding the above - referenced item
currently before the Common Council's Finance Committee.
Councilmember Russell's resolution seeks the ability for the City to accept late tax payments, specifically the accepting
of partial payments in instances where the tax bill is paid without the penalties and interest. In other words, can the City
accept less than full payment rather than return the insufficient payment to the taxpayer?
Generally, partial payments of taxes are forbidden unless the tax collector is specifically authorized to accept them. The
Office of the State Comptroller has concluded that "a city tax collector may not accept partial payments on real property
taxes, absent contrary provisions in the city charter." Op. St. Compt. 78 -342 (July 14, 1978). Because the current City
Charter does not authorize partial payments, a local law would be necessary to authorize receipt of partial payments.
The City may also seek legislation from NY State to the Real Property Tax Law authorizing the City of Buffalo to accept
partial tax payments.
To enact a partial payment program, be it by Charter amendment or state legislation, care must be given to the extent
of partial payment, any limitations as to the type of taxpayer eligible for partial payment, cash flow issues, the
department responsible for partial payment implementation, and the degree of discretion vested in that department in
implementing the partial payment program. The City should also be mindful of the potential for a partial payment
program to be exploited by savvy taxpayers as a conversion into an extended installment plan.
It should also be noted that the City is not obligated to return a partial payment it erroneously accepts. In lieu of a
Charter amendment, the City could implement a policy of handling partial payment checks it mistakenly receives. See
Op. St. Compt. 78 -342. The City would be authorized to notify the taxpayer of the deficiency and hold the partial
payment in a separate holding account awaiting expenditure until full payment is made or delinquency is enforced, Id.
The Department of Law is not aware of whether this policy is currently being implemented. In any event, we would
recommend that the Council seek the input of the Commissioner of Assessment and Taxation, as well as the
Comptroller prior to the implementation of a partial payment program.
The Department of Law has reviewed the communication of Commissioner Michaux dated February 9, 2007 and
concurs that there may also be an opportunity of adopting a local law to allow a five -day extension to owners over the
age of sixty -five who receive certain exemptions such as enhanced STAR in accordance with RPTL section 925(b),
however the extension must be limited to those covered under this section.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER
NO. 30
Claims Committee Meeting
Wednesday, March 14, 2007
Hon. Michael P. Kearns, Chairperson
AGENDA
Property Damage
A.1. Netza Medina
$273.69
A.2. Jose Moreno
$323.00
A.3. Newburgh Coalition Inc.
$3500.00
A.4. Kenneth Pitts
$119.61
A.S. Profile Affordable Homes c/o
Maurice Sessum $3311.91
A.6. Kenneth Rodriguez
$198.00
Property Damage (tree related)
B.1. Ruth Albert
$902.40
B.2. Maria Braid
$4685.44
B.3. William Brown
$1600.00
B.4. Felix Carrion
$5925.00
B.S. Felix Carrion Jr.
$3736.39
B.6. Michael Cercone
$1000.00
B.7. Gerald Chrzanowski
$595.62
B.B. James Conrad
$1542.95
B.9. Terrie Garner
$3594.84
B.10. Julia Gonzalez
$2559.71
B.11. William Holihan
$2811.39
B.12. Adele Jankowiak
$1144.38
B.13. Grace Johnson
$6180.00
B.14. Mohammad Kowa
$4371.84
B.15. Craig Lehner
$1300.00
B.16. Donald Lehner
$500.00
B.17.Jennifer Malicher
$100.00
B.18.Carrie McBride
$12,720.00
B.19.Ferdinand Montes
$550.00
B.20.Brianne Moody
$500.00
B.21.Charles Moore
$1112.74
B.22.Raymond O'Neill
$1620.00
B.23.Hilda Pareja
$245.02
B.24.Constance Pfohl
$2473.48
B.25.Chanel Price
$1735.87
B.26.Charles Price
$545.93
B.27.William Standart
$837.38
B.28. Peter Szalasny
$450.00
B.29.Alfreda Taylor
$214.92
B.30.A1 Zink
$3200.00
Miscellaneous Invoice
C.1.Colucci & Gallaher
$ 3,989.00
C.2.Colucci & GaUaher
$ 495.00
C.3.Group Health Inc.
$43,011.91
CA.Phillips Lytle
$ 31.85
C.S. Connors & Vilardo, LLP
$986.59
C.6. Connors & Vilardo, LLP
$8311.61
C.7. Jack Hunt & Associates
$7.05
Miscellaneous Reimbursement
D.1. Wayne Hedges
$2000.00
D.2.Alexandre Picard
$3605.00
Personal Iniury
E.1.1-ilton Kelley
$9000.00
REFERRED TO THE COMMITTEE ON CLAIMS
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 31
Addressing Vacant Properties as a Regional Issue --
Res. #102, CCP December 12, 2006
1 am writing in response to your request to comment on Resolution # 102 CCP "D. Franczyk - Explore Using Part of
City's Surplus for Residential Demolitions."
The Department of Economic Development, Permit & Inspection Services is currently preparing a comprehensive
report to address this and other issues raised by the Common Council and others relating to residential demolitions.
This report is to address a number of critical areas, including: strategy, funding and planning. We will see to it that the
Common Council receives a copy in a timely manner upon completion.
If you have further questions, I would be happy to discuss this matter with you.
RECEIVED AND FILED
NO. 32
ADDRESSING VACANT PROPERTIES AS A REGIONAL ISSUE
TARGETING VACANT PROPERTIES
RES #102, C.C.P. DECEMBER 12, 2006
Dear Councilmembers:
I am writing in response to your request to comment on Resolution # 102 CCP, "Addressing Vacant Properties As A
Regional Issue." The Mayor is receptive to the message of targeting vacant properties. Buffalo's sister communities- -
such as Cleveland and Dayton in Ohio, Genesee County in Michigan, and Philadelphia, Pennsylvania - -are testing
innovative vacant property programs that show great promise- The recently published Blueprint Buffalo gives the mayor
and regional leaders a policy framework they can craft as a catalyst for the renaissance of the city and the region-
The Department of Economic Development, Permit & Inspections supports the concept of a regional council to work
together on a common issue impacting us all across government lines. If you have further questions, I would be happy
to discuss this matter with you.
RECEIVED AND FILED
NO. 33
BORDER MANAGEMENT
D. BONIFACIO -C. SCHUMER -PRESS RELEASE - RESOLVE ISSUES SHARED BORDER
ITEM #30, C.C.P. FEBRUARY 6, 2007
Dear Councilmembers:
I am writing in response to your request to comment on Senator Schumer's press release, "Schumer Calls On US
Attorney General To Personally Step In To Resolve Remaining Issues So Shared Border Management Can Move
Forward Once And For All."
The Mayor supports actions at the federal level to bring the Shared Border Management (SBM) issue to a successful
resolution. The Mayor strongly supports the concept of SBM The movement of customs facilities from both countries to
the Canadian side of the border appears to maximize the use of land in the U.S. and Canada, although the required
environmental review must be completed.
Significant progress has been made in advancing the plaza designs including the pre - clearance plan for U.S. Customs
and Border Protection (CBP) in Canada, the approval by Department of Homeland Security (DHS) on plaza plans, and
DHS's acceptance of the preliminary functional design. But, significant obstacles remain and the lack of progress hurts
the City's ability to harness the untapped economic opportunities presented by international trade and traffic flows over
the Peace Bridge, the second busiest crossing between the U.S. and Canada.
It is our hope that a timely conclusion and final decision will come forward in the next several weeks or months. The
responsibility rests solely with the federal governments.
Progress on outstanding issues is critical as the expected Draft Environmental Impact Statement (DEIS) will be
completed and published for review and comments in early 2007. A U.S. National Environmental Policy Act Records of
Decision is expected by late 2007. In Canada, the project is subject to the Canadian Environmental Assessment Act
with parallel timelines.
We welcome Senator Schumer's remarks to keep the momentum going forward.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 34
FOOD STORE LICENSE
240 CENTRAL PARK PLAZA (MASTEN)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 240 Central Park Plaza (Pee -Wee Variety Store) and find that as to form
is correct. I have caused an investigation into the premises for which said application for a food store license is being
sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police
Department and Collections Office I find it complies with all regulations and other applicable laws. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
February 23, 2007, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to Robert Brown, located at 240 Central Park
Plaza (Pee -Wee Variety Store) with the conditions that no loitering be allowed on the premises and the area outside the
premises be kept clean of trash and debris.
PASSED
AYES - 9 NOES -0
NO. 36
FOOD STORE LICENSE
466 WILLIAM (ELLICOTT)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 456 William (VIP Fashion) and find that as to form is correct. I have
caused an investigation into the premises for which said application for a food store license is being sought and
according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and
Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 36
RESTAURANT DANCE LICENSE (RENEWAL)
26 MISSISSIPPI (FILLMORE)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into
the premises located at 26 Mississippi (Cobblestone) for which said renewal application for a Restaurant Dance Class
IV license is being sought by Daryl Carr and according to the attached reports from the Fire Department, Police
Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
February 6, 2007, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Restaurant Dancing Class License renewal to Daryl Carr, d /b /a
Cobblestone, located at 26 Mississippi.
PASSED
AYES - 9 NOES -0
NO. 37
RESTAURANT DANCE LICENSE (RENEWAL)
79 WEST CHIPPEWA (ELLICOTT)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into
the premises located at 79 West Chippewa (McMonkeez) for which said renewal application for a Restaurant Dance
Class HI license is being sought by Michael Sherk and according to the attached reports from the Fire Department,
Police Department and Building Inspections, I Fred it complies with all regulations and other applicable laws. This
request is submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
February 23, 2007, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Restaurant Dancing Class License renewal to Michael Sherk, d /b /a
McMonkeez, located at 79 West Chippewa.
PASSED
AYES - 9 NOES -0
NO. 38
RESTAURANT DANCE LICENSE (RENEWAL)
1 WEST FERRY (NIAGARA)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into
the premises located at 1 West Ferry (Rich Renaissance Niagara) for which said renewal application for a Restaurant
Dance Class III license is being sought by Mann: / Lezama and according to the attached reports from the Fire
Department, Police Department and Building Inspections, I Fred it complies with all regulations and other applicable
laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
February 23, 2006, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Manny Lezama, d /b /a Rich
Renaissance Niagara, located at 1 West Ferry.
PASSED
AYES - 9 NOES -0
NO. 39
REQUESTING THE DEPARTMENT OF LAW ADD THE GOALS OF THE CITY OF
RESOLUTION #93, C.C.P. FEBRUARY 6, 2007
Dear Councilmembers:
I am writing in response to your request to comment on Resolution # 93, "Requesting the Department of Law Add the
Goals of the City of Buffalo Section 3 Program to the Charter and Code of the City of Buffalo."
At this time, the Department of Economic Development, Permits & Inspection Services would like to further evaluate
and review the implications of adding the Section 3 Program to the Charter and Code of the City of Buffalo. Upon
completion, we will communicate our opinion to the Common Council to recommend or not.
If you have further questions, I would be happy to discuss this matter with you.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 40
USED CAR DEALER
3225 BAILEY (UNIVERSITY)
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 at 3225 Bailey 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 Tyrone Goodson. The attached thereto for Tyrone Goodson d /b /a Goodeee Management LLC. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
February 13, 2007, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Tyrone Goodson d /b /a Goodee
Management LLC, located at 3225 Bailey.
PASSED
AYES - 9 NOES -0
NO. 41
USED CAR DEALER
25 ROBERTS (LOVEJOY)
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 at 25 Roberts and find that as to form is correct. 1 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 James Leimkuehler. The attached thereto for James Leimkuehler d /b /a MRC Technologies This request is submitted
for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 42
USED CAR DEALER
490 SENECA (ELLICOTT)
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 at 490 Seneca 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 Mark Miller. The attached thereto for Mark Miller d /b /a MGM Auto Repair Sales. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY &
URBAN AFFAIRS
NO. 43
LIST OF DELINQUENT TAXES, USER FEES, SEWER & WATER CHARGE LIENS
STATE OF NEW YORK
COUNTY COURT, ERIE COUNTY
IN THE MATTER OF FORECLOSURE OF TAX; USER FEES; SEWER AND WATER CHARGE LIENS,
BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE HEAL PROPERTY TAX LAW BY THE CITY
OF BUFFALO, THE CITY OF BUFFALO WATER BOARD AND THE BUFFALO SEWER AUTHORITY AFFECTING
DISTRICT
NOS. 1 THROUGH 14, INCLUSIVE.
LIST OF DELINQUENT TAX USER FEES; SEWER and WATER CHARGE LIENS
In Rem No. 41
Index No.: 1200 %8i7
Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo
Code,. Section 491 -35 of the City o f Buffalo Code and Section 10480)(5 and 1180 of the Public Authorities Law of the
State of New York, respectively, I, Michael A. Seaman, the Director Ofthe Treasury and Collections; Deputy
Commissioner of Administration and Finance and Enforcing Officer of the City of Buffalo, do hereby certify and affirm as
true under the penalties of perjury that this List of Delinquent Tax; User Fees; Sewer • and Water Charge Liens,
identifies those parcels which have been subject to delinquent Tax;
User Fees; Sewer and Water Charge Liens held and owned by the City of Buffalo since the 1st day of July, 2005,
except for those parcels excluded from this List of Delinquent Tax; User Fees; Sewer and Water Charge Liens pursuant
to law.
The parcels, which are subject to such delinquent Tax; User Fees; Sewer and Water Charge Liens and the amounts
due thereon, are identified on Schedule A of this List of Delinquent Tax; User Fees; Sewer and Water Charge Liens,
which is annexed hereto and made a part hereof.
Pursuant to section 1122(7) of the Real Property Tax Law, the filing of this List in the office of the County Clerk shall
constitute and have the same force and effect as the filing and recording in such office of an individual and separate
Notice of Pendency against each parcel set forth on this List.
RECEIVED AND FILED
FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL
PROGRAMMING
NO. 44
CERTIFICATE OF APPOINTMENT
Appointment Effective February 26, 2007 in the Department of Division of Senior Services to the Position of Director,
Permanent appointment at the flat starting salary of $47,644
Douglas R. Ruffin, 703 W. Ferry St., Apt. D -3, Buffalo, 14222
RECEIVED AND FILED
FROM THE BOARD OF EDUCATION
NO. 45
TRANS FAT PUBLIC SCHOOLS
Mr. Damone Smith
Council Member - Masten District
1316A City Hall
Buffalo, New York 14202
Dear Mr. Smith:
Since January 2005, the Buffalo Public Schools Child Nutrition Program has worked hard to reduce the amount of
menu items listing trans fat on the nutritional label. We currently have only one item, margarine, remaining on our menu
listing trans fat. We do serve hamburgers and pizza, but the nutritional labels for these food items list zero trans fat. In
other words, they contain 0.5 grams or less of trans fat.
It is virtually impossible to eliminate all foods containing trans fat of 0.5 grams or less. In fact the U.S. Food and Drug
Administration states that eliminating trans fat completely would require such extraordinary dietary changes that the
result would be an inadequate intake of some important nutrients and would create health risks. (For example, we
would have to eliminate all dairy products and meats)
Nutrition education for both students and parents is critical to winning the battle against obesity. Our Food Service
Department and our Director of Health Related Services (i.e. Nurses) are working closely with Instruction as part of the
3 Year Student Support Plan underlying our 3 Year Academic Achievement Plan to enhance our students' over all
health and well being to further ensure their academic success.
James A. Williams, Ed. D. Superintendent
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
FROM THE BUFFALO SEWER AUTHORITY
NO. 46
M. LOCURTO-AMENDMENT-
MUNICIPAL CODE R —." SEWER
& UTILITY CUT -OUTS
The Buffalo Sewer Authority follows the latest specifications as detailed by the City of Buffalo, Department of Public
Works, when there is a need to perform pavement cuts for the installation or repair of sewers or sewer laterals.
RECEIVED AND FILED
FROM THE CITY CLERK
NO. 47
MINUTES OF THE BOARD OF ETHICS
Attached please find the minutes of the January 9, 2007 Board of Ethics meeting. (Copy in Clerk's Office).
RECEIVED AND FILED.
NO. 48
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed
below:
Fire - Captain Mark Morganti, Lieutenant Gerald Whalen, Lieutenant Christopher Mullen.
RECEIVED AND FILED.
NO. 49
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address Business Name Owner's Name
120 Church Street Seven Seventeen Buffalo Corporation Davene M. Noto
3148 Main Street No Name Given Jessica Kominiarck
318 Pearl Street Betioko Holdings Inc. David Bartlett
RECEIVED AND FILED.
NO. 50
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:
Police -B. Andruschat; J. Langhorne
RECEIVED AND FILED.
NO. 51
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective February 20, 2007 in the Executive Department, Division of Mayor, to the position of Intern VI,
Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr.
Michael G. Graham 1995 Delaware Avenue #2C Buffalo, NY 14216
NO. 52
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in the various
departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS
Appointment Effective February 26, 2007 in the Department of Public Works, Parks & Streets, Division of Streets, to the
position of Laborer 11, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr.
Abdalla M. Abdalla 153 15 Street Buffalo, NY 14213
NO. 53
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.
DEPARTMENT OF ASSESSMENT AND TAXATION
Appointment Effective February 20, 2007 in the Department of Assessment and Taxation, to the position of Account
Clerk, Temporary, at the minimum starting salary of $26,271.
Bonita Brown 100 Lockwood Avenue Buffalo, NY 14220
Appointment Effective February 13, 2007 in the Department of Assessment and Taxation, to the position of Account
Clerk,
Temporary, at the minimum starting salary of $26,271.
Cavina Littlejohn 601 Wyoming Avenue Buffalo, NY 14215
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective February 28, 2007 in the Department of Public Works, Parks and Streets, Division of Buildings,
to the position of Laborer II, Provisional Promotion, at the minimum starting salary of $34,287.
Anthony Krathaus 180 Downing Street Buffalo, NY 14220
Appointment Effective February 27, 2007 in the Department of Public Works, Parks & Streets, Division of Buildings, to
the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr.
John P. Scanlon 201 Cumberland Avenue Buffalo, NY 14220
Appointment Effective February 27, 2007 in the Department of Public Works, Parks & Streets, Division of Engineering,
to the position of Street Repair Supervisor I, Temporary, at the starting salary of $30,072.
Joseph R. LoTempio 34 Rugby Rd. Buffalo, NY 14216
Appointment Effective February 21, 2007 in the Department of Public Works, Parks & Streets, Division of Engineering,
to the position of Street Repair Supervisor I, Temporary, at the starting salary of $30,072.
Henry Jackson 527 Northland Avenue Buffalo, NY 14211
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 54
PROPOSED RESOLUTION # 94FORECLOSURE NOTIFICATION
Thank you for allowing the opportunity to comment on Resolution 94 re: Foreclosure Notification. As you may be aware,
this firm specializes in the areas of residential mortgage foreclosures and evictions as well as creditor representation in
bankruptcy. We are the only law firm in New York to be Designated Counsel for both Fannie Mac and Freddie Mac. In
addition, we have representation agreements with most of the largest loan services in the country. From our main office
in Amherst, we prosecute mortgage foreclosures in all sixty -two counties /boroughs in the state of New York. While the
largest volume of files are downstate, we often receive referrals for properties located in the City of Buffalo.
New York is one of the minority of states where the foreclosure process is judicial by statute. As a result, New York is
often thought of as the most expensive and time - consuming state for our clients to foreclose on a defaulted mortgage
obligation.
In Erie County we prosecute foreclosures in County Court because the docket is faster than in Supreme Court. Our
average time from commencement to sale in Erie County is five months, excluding any periods subject to automatic
stay due to bankruptcy filing. This is in contrast to downstate venues where the average time is almost two years.
It is in our client's best interest to complete foreclosure as expeditiously as possible. In our experience, any delay in
completing foreclosure is occasioned by the debtor or judicial delay. Our clients assess our performance based on the
number of days it takes us to complete foreclosure.
The typical overhead cost for a lender to service a defaulted mortgage obligation is $30 per day. Add to that the per
diem interest accrual, taxes, insurance and maintenance expenses the lender incurs as well as the fees and costs to
foreclose and it is inherently clear that no one wins when a debtor fails to pay and the lender is forced to enforce its
rights through foreclosure. As such, we respectfully disagree with the representations set forth in Resolution 94 that
characterize the lender as the cause of any intentional delay in completing foreclosure.
Even though we may differ on our respective perspectives relative to the root nature of the causes, our clients are
equally sensitive to the same concerns of the Common Council and the proponents of Resolution 94 regarding vacant
and /or deteriorating properties in the City of Buffalo. After all, the property is the only collateral for the bank's loan and
serves as the asset available for recovery if the borrower fails to fulfill their promise to repay the debt.
Even so, the lender's rights are strictly limited by the terms and provisions of the contract between the borrower and the
lender. By virtue of the Mortgage instrument, the homeowner conveys to the lender a security interest in the property. It
is a common misnomer to think that the bank is the one who "gives" the Mortgage; in fact, it is the homeowner who
"gives" the Mortgage.
In New York, title to the property remains vested in the homeowner until conveyed by deed or foreclosed. A mortgage is
only a lien on the property and title remains in the homeowner until the lien is foreclosed, Ownership is not divested by
virtue of commencement of foreclosure, filing of Notice of Pendency or even entry of Judgment of Foreclosure and
Sale. The homeowner retains ownership and the rights appurtenant thereto including the rights to sell, lease, possess,
collect rents or encumber the property until divestiture of title to the property by actual sale at public auction pursuant to
a Judgment of Foreclosure and Sale. As such, the lender's interest in the property remains that of lien holder unless or
until a foreclosure sale results in the conveyance of title by referee's deed to the lender. Of course, the foreclosure sale
could result in the transfer of title to a third -party bidder.
The most commonly used New York residential Mortgage form is the Fannie Mac /Freddie Mac Uniform Instrument.
Copy enclosed. Covenant 7 of the Uniform Instrument specifically recites the homeowner's obligation to maintain and
protect the property as follows:
I will not destroy, damage or harm the Property, and i will not allow the Property to deteriorate. Whether or not I am
residing in the Property, I will keep the Property in good repair so that it will not deteriorate or decrease in value due to
its condition. [] I will promptly repair the Property if damaged to avoid further deterioration or damage.
While Covenant 9 allows the lender to take actions upon the occurrence of certain events, it is clear that "[a]Ithough
Lender may take action under this Section 9, Lender does not have to do so and is under no duty to do so."
In affirming the Kings County Supreme Court, the Second Department held that "[t]he Supreme Court correctly
determined that a mortgagee not in possession of real property is not an owner for purposes of the Multiple Dwelling
Law." Greenpoint Bank v. John, 256 A.D.2d 548, 548, 682 N.Y.S.2d 438, 439 (2nd Dept. 1998) citing inter alia
McKinney's Cons. Laws of N.Y., Book 1, Statutes §§ 74, 240; Fitzgerald v. 667 Hotel Corp., 103 Misc.2d 80, 426
N.Y.S.2d 368 (Sup. Ct. N.Y. Co. 1980). The Appellate Division went on to state that the record in the Greenpoint case
did not support a finding that the plaintiff was in direct or indirect control of the property under Multiple Dwelling Law §
4(44) so as to trigger an obligation to make repairs pursuant to Multiple Dwelling Law § 78.
Under the Home Equity Theft Protection Act (effective Feb. 1, 2007), New York Real Property Actions and Proceedings
Law was amended to add section 1303 requiring that a foreclosing lender serve a written notice on the mortgagor
providing information and assistance about the foreclosure process. A copy of the form notice titled "Help for
Homeowners in Foreclosure" is enclosed. While the primary objective of the Act is aimed at protecting vulnerable
homeowners from unfair dealings of "'Equity Purchasers' who induce homeowners to sell their homes for a small
fraction of their value," the form notice provides mortgagors with information on how to seek legal advice about the
foreclosure process.
Proposed Resolution 94 and the Cleveland, Ohio Ordinance offered as a model presuppose that the foreclosing lender
has legal rights greater than those that actually exist under New York law and the mortgage contract. The law and the
typical mortgage contract make clear that the homeowner remains the owner of the property vested with all the rights
and duties that come with ownership of property. The lenders rights and duties as a mortgagee are strictly limited.
Simply put, a foreclosing lender remains only a lien holder and does not have any duty to take possession or control of
the property, maintain the property or cure any violations. All the obligations (and benefits) of ownership remain vested
in the homeowner during the foreclosure process unless or until the lender takes action to become a mortgagee in
possession or obtains the appointment of a receiver or until the foreclosure process is completed by public auction. In
addition, a foreclosing lender may not have any information as to who may be occupying the property (and under what,
if any, legal rights they may be doing so) or the exact whereabouts of the homeowner. It is not uncommon for a
borrower to hide from the lender in order to avoid service of process and delay foreclosure.
Placing additional obligations or duties on lenders that exceed a lender's role as prescribed under state law and
mortgage contract results in added expenses for a lender who is already facing the losses that come with a defaulted
mortgage obligation and could therefore have a chilling effect on mortgage lending in Buffalo. Lenders may decide not
to make loans available to borrowers in Buffalo or may be forced to pass on the increased expense to the borrower in
order to offset the added risk, duties and costs of this proposal making borrowing more expensive in Buffalo. The end
result would be a negative effect on the housing market and blight that is already occurring in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.55
FORECLOSURE NOTIFICATION
#94 CCP FEB 20, 2007
1 received your letter dated February 21, 2007, requesting comments regarding the Common Council's proposal to
enact legislation that would require additional "Foreclosure Notification ".
As I am sure you are aware, the public notice you seek is already provided for all foreclosure actions in Erie County
through the Iis pendens filed with the County Clerk's Office. A notice of Iis pendens is a public record for the purpose of
warning all persons including the City, that the title to a certain property is in litigation.
While we certainly understand your interest in being aware of the fact that a foreclosure action has commenced, a
duplicative process such as the one proposed seems to us to be unnecessary. Perhaps the County Clerk's office can
be persuaded to provide a listing of filed Iis pendens actions to the City Clerk's office. It is our understanding that this
notice is already provided to the City's Department of Assessment.
The proposed legislation would require the foreclosing party to be responsible for maintaining a property while in
litigation. Until the foreclosure is complete, there is no guaranty that the foreclosing party will take title to the property. It
is therefore appropriate that the owner of record is now and should continue to be responsible for maintaining the
property and correcting any violations.
It would seem that this proposed legislation would require the City to incur additional expense to collect, maintain and
monitor a new notification procedure. Simply communicating with the County Clerk and asking that office to forward the
required information to the City Clerk could avoid this. The Iis pendens notification procedure has worked well for many
decades. We recommend that the City utilize this process, with the cooperation of the County Clerk, to meet your
needs.
As is always the case, contact information for the departments within M &T that handle foreclosure, property
preservation and other real estate services is readily available on any property that we are involved with.
I hope that this provides you with the information you seek. If we can be of further service,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 56
COB WATER BILL
Item #46, CCP 2/20/07
80 Good; Acct. #: 12677400
JOANNE EDDY
Thank you for your recent inquiry regarding the above - mentioned account.
Mrs. Eddy was sent a "Notice of Intent to Disconnect Water Service" on February 13, 2007 in error when approximately
3000 notices were sent out to customers who received quarterly billings on January 5, 2007 that were not paid by the
February 7 due date indicated on the bill.
On February 14, 2007, our Customer Service Manager, Shirley Hunter, contacted Mrs. Eddy and extended a sincere
apology in response to a concern placed with Citizen's Services and explained that due to a billing office oversight,
financial parameters were not clearly defined prior to the mailing of the letters sent. Ms. Hunter indicated that the
"strong - language" collection notice was sent out to everyone that missed the February 7 due date -- regardless of the
dollar amount owed or past payment history.
Recognizing that the Notice of Intent letter contains a stronger message than necessary for customers that have a
minimal delinquency on their accounts or failed to allow enough time for mailing and processing time, the financial
parameters have been redefined in our billing office and effective immediately we will begin to send a "Reminder Notice
to" customers with minimal delinquency and /or minimal balances.
In addition and for administrative purposes only, the Buffalo Water Board has agreed to extend the grace period for an
additional three (3) business days following the due date before applying the penalty charge of 1.5% to allow for
processing of payments made at Lock Box and other convenience locations
As always, if I can be of further assistance, please don't hesitate to contact me.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 57
Board Packet Documents
2/15/2007
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on February 15,
2007:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated January 8, 2007
3. Fully executed Phase I /Application and Certificate for Payment No. 27 - December 2006
4. Phase II Application and Certificate for Payment No. 28- January 2007
5. Program Packaging and Development Services (PPDS) Provider Update
6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for
Addendum 1 Phase II Project - December 2006
7. Buffalo Niagara JOBS Initiative Update
RECEIVED AND FILED
NO. 58
Re: Big Sholz Bar
Please let this letter serve as notice of the following -
1- Entertainment Systems Holding Inc. DBA Big Shotz Bar was sold in December of 2002 to Randall Pfeifer
2- In December of 2002 Mr. Plaiter purchased all shares and was the sole stockholder in Entertainment Systems
Holding Inc.
3- At the time of the sale all licensing requirements were to stay in the corporation name and /or be switched from any
former stockholders (personal) names to reflect the new ownership.
4- If any licenses have remained in the names of individuals who sold the business /corporation past December 2002 it
has been without permission and should be changed into Randall Pfiefer's name immediately.
The individual's names who sold the business to Mr. Pfeefer in 2002 are -Mike Pierre (president of corporation)
RECEIVED AND FILED
NO. 59
D.CHADSEY
ALLEN ST BARS
We have been contacted by Mr. Martin Kemp to represent him and provide legal advice regarding the posting
of notices in your business that contains references to our client.
I have been provided with a copy of a notice that you placed on public display in your business establishment. This
notice identifies our client specifically and provides his home address and phone number and the address of both his
businesses.
This notice is inflammatory and intentionally misrepresents Mr. Kemp's actions regarding the sidewalk patio issue. The
notice intentionally targets Mr. Kemp's home and businesses for retaliation. The issue of late night operation of
sidewalk patios associated with bars or restaurants has been the subject of contentious debate throughout the City. Our
client's request that the patio bar adjacent to his home comply with orders issued by the Council of the City of Buffalo
as early as July 19, 2002 (a copy of the 2002 order is attached) has nothing whatsoever to do with "gay bashing" and
your accusation that his actions "target the gay bars but not the straight bars," or that he "wants to take the gays off the
patio and out of the public eye," is a disingenuous fabrication.
The notice provided to me states that Mr. Kemp and members of the North Pearl Street Bloc Club are using the
operation of sidewalk patios as "a disguise to get the gay
bars and patrons." I understand that to mean you believe certain actions are being taken for the sole purpose of
repressing the free association of gays and lesbians within the broader community. I suggest to you that the alleged
action you find so reprehensible in others is precisely what you are engaging in with respect to our client. That you
intend for your patrons to avail themselves of this information and harass Mr. Kemp at his home or businesses is
implicit in your including his address and phone number on the notice.
You are certainly free, and in fact have every right to strenuously support your position by all legal means. However,
you do not have the right to encourage the harassment or endangerment of individuals or private property to achieve
your goal. Any notice containing a reference to our client's home address, business address or private phone number
should be removed and any future notices you wish to post regarding operation of sidewalk patios should not contain
personal references to our client. Should any further harassment of our client occur as a result of your dissemination of
our client's home address and phone number we will pursue all legal means available to remedy the situation.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 60
186 Chicago Street, Buffalo, NY
And 83 Fulton Street, Buffalo, NY
I would like to inform you that I am willing to pay Two Thousand Dollars ($2,000.00) per above referenced lots for a
total of Four Thousand Dollars ($4,000.00.)
1 also agree to pay cost of transfer tax, recording fees and cost of legal descriptions associated with the sale of these
lots.
REFERRED TO THE COMMISSIONER OF WDPI AND DIRECTOR OF REAL ESTATE
No. 61
Pentecostal Temple Church of God in Christ
3 year option to purchase
var properties
Pentecostal Temple Church of God in Christ has been a staple in the community since 1924. Having their primary
residence located at 618 -620 Jefferson Avenue on the corner of Matthews Street and having ownership in an adjacent
structure and additional unimproved parcels along Jefferson Avenue.
Please be advised that it is Pentecostal Temple COGIC through its development corporation (Temple Community
Development Corporation --- TCDC) wishes to enter into an agreement with the City of Buffalo, Department of Real
Estate for a 3 Year Option to Purchase Agreement. It is their goal to acquire the following parcels in an effort to expand
and meet their community transformation goals. They are privileged to reside in the heart of the City's new vision for
this neighborhood and want to ensure that the communities spiritual and human service needs are embedded in the
overall renewal process.
Matthews Street Address and Jefferson Avenue Address and
SBL Number SBL Number
23 Matthews SBL# 111.41 -4 -3 566 Jefferson SBL # 111.41 -5 -19
24 Matthews SBL # 111.41 -4 -4 567 Jefferson SBL # t 11.42 -1 -32
25 Matthews SBL # 111.41 -4 -5 574 Jefferson SBL # 111.41 -5 -16
27 Matthews SBL# 111.4t -4 -6 575 Jefferson SBL # 111.42 -1 -35
29 Matthews SBL# 111.41 -4 -7 576Jefferson SBL# 111.41 -5 -15
31 Matthews SBL# 1tl.41 -4 -8 584Jefferson SBL# 111.41 -5 -14
33 Matthews SBL # 111.41 -4 -9 585 Jefferson SBL # 111.42 -1 -36
35 Matthews SBL #111.41 -4 -10 588 Jefferson SBL # 111.41 -5 -13
39 Matthews SBL #111.41 -4 -11 597 Jefferson SBL # 111.42 -1 -40
615 Jefferson SBL # 111.42 -1 -46
You may contact Pastor Matthew L. Brown directly at (716) 852 -5502 for further negotiations or myself at (716) 578-
8295.
Respectfully submitted on behalf of Pentecostal Temple COGIC,
REFERRED TO THE COMMISSIONER OF WDPI AND DIRECTOR OF REAL ESTATE
No. 62
Properties to be considered for demolition
It has come to my attention that several homes in the Ellicott District are in serious disrepair. Most of the homes listed
below have been abandoned by the owners and should be considered for demolition.
1100 Genesee St. (abandoned property and owned by the City of Buffalo)
1104 Genesee St. (empty lot, no information available as to ownership)
1106 Genesee St. (abandoned property owned by Buffalo Urban Renewal Agency) 799 Best St. (abandoned
property owned by Non - Profit Training) 807 Best St. (abandoned property owned by David Workman) 739 Best St.
(abandoned property owned by Pierre Laehapelle) 761 Best St. (abandoned property owned by Columbus
Bridges)
727 Best St. (abandoned property owned by Paul Sykes)
As you know, Martin Luther King Park is an Olmstead Park, which in and of itself makes it a huge asset to the MLK
Park community. The opportunity to further build on this asset requires the demolition of several properties in the
surrounding area.
If you have any questions, please do not hesitate to contact me.
REFERRED TO THE COMMISSIONER OF WDPI
No. 63
Disposal of Foreclosure Properties
The purpose of this letter is to provide input on the disposal of foreclosure properties.
Suggest establishing a program similar to the Officer Next Door Program. Those who acquire a foreclosed property
must be required to live in it for 3 years before they can sell it. They must have a qualifying income that proves they
have the wherewithal to pay the property taxes. The price of the property should be set at 20 -30% above the base
auction price. The prospective owner should be given information on how to obtain low interest home repair loans to
restore the property to a living condition. This will help low income people achieve the dream of home ownership.
Investors who plan to flip the property and take advantage of low income people will be discouraged under this plan.
People are coming to area hotels this week to offer seminars on how to flip foreclosures. Investors do not strengthen
neighborhoods. They weaken neighborhoods by creating the renter next door rather than the owner next door. An
owner will have a vested interest in maintaining the property and keeping the community safe. Selling foreclosures to
owners as opposed to investors will also produce steady tax revenue for the city, reduce crime, and eliminate blight.
REFERRRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 64
RENEW LICENSE
46 W CHIPPEWA
A renewal request for a Restaurant /Dance License at 45 W. Chippewa is currently pending before the Council's
Committee on Legislation. Based on the enclosed letter from the previous business owner and my understanding that
licenses are non - transferable, I am recommending the Committee Members deny the renewal request and that you
review all other licenses /permits previously issued at the establishment.
Based on these facts, it is my understanding that the current owner would have to obtain new licenses to operate the
establishment. I am requesting that you notify the owner to "cease and desist all operations immediately until valid
licenses are obtained."
RECEIVED AND FILED
NO. 66
ENVIRONMENTAL EVENTS
I am writing to request time on your agenda to announce an important series of events that I think you will be interested
in. The issue of global climate change has received much attention in the media. It is an issue that is not going to go
away. The sooner we address it, the better chance we have to intervene in what otherwise could be a global
catastrophe. In April we have the opportunity to look at practical ways of addressing the issue locally. Discover how
Buffalo businesses and organizations can become a catalyst for local, regional, and national economic revitalization.
On Tuesday, April 10, 2007, 12, noon, Denis Hayes, a leading environmental activist and proponent of solar energy will
speak will also be at a lunch at The Church, Tupper and Delaware, Buffalo, on "Greening Buffalo: Addressing Global
Climate Change While Revitalizing the Economy." The lunch is $15 and requires an RSVP by April 3, 2007.
Tuesday, April 10, 2007, 7:30 pm, Lecture by Denis Hayes, "Here Comes the Sun: The Solar Solution to Climate
Change ", University at Buffalo North Campus, Slee Concert Hall, Free and open to public
Enclosed you will find the details of these important events, and ways which you can be involved in them.
Thank you for your time and attention to this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 66
Hazardous condition on Main St.
Hi, My name is Jennifer Harvey and I live at 35 Orchard Place. Orchard place is between Main St. and Fairfield St. in
Buffalo. The mason I am writing to you is a regarding a vacant business located at 2578 and 2574 main St. The last
name of this business in Shaun B's and was once The Stuffed Mushroom. Herbert BellamyJr., purchased this property
on 3129106 and wanted to make it a liquor store. The city denied him a liquor license so he will not touch his property.
On June 13, 2006, the mayors impact team came out to the parking lot and cleaned it up wonderfully! My son and I
went up there a few weeks later on a Saturday and filled up 2 bags of trash from this same lot. Since then this lot has
not been touched. This includes the October storm and all of the recent snow we have received. This property is on
Main St. and the parking lot borders Orchard Place. The property includes a business and a house which are both
vacant. About 3 months ago, someone left a red pickup in the parking lot and it has not moved.
I would like you to please file a hazardous condition on this property and its lot. The reason being, the snow on the
sidewalks of Main and Orchard are NEVER shoveled. My son, along with 10 other children, wait at this comer for their
school buses. Also there is a Charter school at the corner of Jewitt Parkway and Main St., where the kids get off at the
Amherst train station and walk down Main to their school. They are constantly walking in the street to get past this
comer. The house on this property has broken windows and both of the buildings have graffiti on them. When the snow
melts, their will be branches from the storm on the parking lot and sidewalk along with months of trash and broken
glass.
I have called the mayors complaint line 3 times a week for the past 3 weeks and I have also spoken to
Councilmember LoCurto office, who has filed complaints for me.
My neighbors and myself would greatly appreciate any help you can give me this manor.
REFERRED TO THE CITY CLERK AND DIRECTOR OF CITIZEN SERVICES
NO. 67
"Completing the Formation of a Parks Advisor Board"
Res #96 CCP February 20, 2007
"Opposition to Olmsted Conservancy Imposing Fees Upon Youth Sports Organizations"
Res 1/96 CCP February 20, 2007
The Buffalo Olmsted Parks Conservancy (the "Conservancy') has reviewed the above referenced resolutions
passed by the Common Council. Our response is as follows:
A. Concerning the resolution expressing the consensus of the Common Council in support of "Completing the
Formation of a Parks Advisory Board" and encouraging the Conservancy's chief executive officer to serve as an ex-
officio member, the Conservancy response is that i( will work in cooperation with the City of Buffalo and other
individuals and entities to complete the formation of the Parks Advisory Board.
B. Concerning the resolution expressing the consensus of the Common Council in "Opposition to Olmsted
Conservancy Imposing Fees Upon Youth Sports Organizations," as the Intermunicipal Cooperation Agreement for
Operation, Management and Improvement of City of Buffalo Parklands and the Agreement between the County of Erie
and the Buffalo Olmstead Parks Conservancy require that the imposition of park tees be agreed to between all the
parties, the Conservancy response is as follows:
1. Buffalo has one of the nation's most impressive city park systems. However, the local government per
resident parks expenditure is one -tenth (1/10) of the national average for top mid -to -major U.S. cities ($6.37
local vs. $63.00 national).
2. The Conservancy's park agreement is not detailed as to how lees should be approved, but does not state
that legislative approval is required.
3. The Conservancy acted in good faith, relying on reasonable interpretations of the parks agreements and
discussions during Oversight Committee meetings with City and County parks officials, as required under the
Conservancy's agreement.
4. The Conservancy's fees are reasonable, designed only to recover costs incurred in connection with the
maintenance of the Olmsted parklands and are not intended or designed to place undue hardship on park users,
especially our youth.
5. The Conservancy would endorse legislation that would ratify a reasonable and appropriate fee schedule and
would be delighted to work with the Common Council on such legislation.
6. The Conservancy welcomes the opportunity to further inform the Common Council of exciting community
enhancement opportunities within the parks and the daunting reforestation challenges facing the Olmsted
parklands in the aftermath of the October Surprise snowstorm.
thank you for the opportunity to respond to the above referenced resolutions. The Conservancy looks forward In
working with the Common Council to meet the needs of all Buffalonians and ensure the continued efficient and effective
operation, maintenance and management of the Olmstead parklands.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 68
FORECLOSURE NOTIFICATON
#94 CCP FEB 20,2007
While we are licensed as a mortgage banker, we primarily act as a mortgage broker. As a result, we do not service
loans as a normal part of our business. Once a loan is closed, we sell it to an institution that performs the servicing
function. We may, on occasion, have a few loans that we service as an accommodation to a customer. Therefore, I do
not feel we are qualified to comment on your foreclosure notification. It would be important to hold the servicer of the
loan accountable for this notification as the institution that originates the loan would not be aware of any foreclosure
proceedings.
RECEIVED AND FILED
NO. 69
Fat Bob's Smokehouse
REQ WAIVER OF 30 DAY WAITING PERIOD
At the direction of Dana Bobinchek, aid to Mayor Brown, we are notifying to your office that Fat Bob's Smokehonse will
submit to the state liquor authority, as soon as possible, a request to amend its current liquor license to add a bar area
on its patio. Please note that I Anthony C. Piccione am a member of Fat Bob's Smokehouse, LLC the entity that owns
and operates Fat Bob's Smokehouse and am the sole owner of Great Lakes Management Group, LLC which owns 41
Virginia Place and 448 Franklin Street, see attached survey. These properties are the location of Fat Bob's
Smokehouse and its patio area.
Therefore, we respectfully request that the city waive the 30 -day waiting period so we may as quickly as possible
submit our request to the state liquor authority to amend our license.
RECEIVED AND FILED
NO. 70
INFO ABANDONED PROPERTY ISSUES
When I was Program Coordinator of the City of Buffalo Housing Court's Reform Project we attempted to create sound
resolutions to many of the city's distressed property issues. One item that seemed to appear repeatedly was the
abandoned property issue. In researching the number of complaints by citizens during open forums, and through
excellent research in the office conducted by our interns, we found one distinct commonality.
Many of these structures were found to either have a Lis Pendens or in full Foreclosure process. Our concern was how
to prevent this cycle from becoming an even stronger atrocity that creates slum and blight while decaying
neighborhoods.
We devised a system whereby interns would:
Review the Erie County Clerk's website for Lis Pendens on a weekly basis.
Research each property to see if it was a current Housing Court Case
If the property was in court, print the file and have the inspector cite the financial institution as a co- defendant
If the property was not in court, ask that the Inspections Department send an inspector to cite the property
owner and financial institution as co- defendants (Unfortunately, due to the lack of manpower in Inspections,
we were told this action could not take place.)
Although I am no longer with the court, the WVRG and I concur that this system would work effectively in the
remediation of our neighborhoods citywide. Considering your new "Laboratory of Ideas," we wish to submit this
innovation to your respected body.
Here are the expected results:
- Homeowner is notified, before they feel they need to vacate the premises, that they have a right to stay on
the property until such
the Lis Pendens is either rescinded, or the financial institution sells and the new owner evicts them.
The financial institution is put on notice that they are liable for all repairs and maintenance of these properties during
the time they have them under the lis pendens /foreclosure process.
The possibility that the financial institution will either work out a deal for the current owner to keep the property, or sell it
at market value rather than loan balance is enhanced.
All three of the above can decrease abandoned and blighted properties by a minimum of approximately 40% adding to
the quality of life of the surrounding neighborhoods.
Additionally, utilizing interns from area university law departments can encourage a buy -in from young people as they
contribute to the stability of the community while providing them with a view of city government working in an efficient
and caring manner for the citizens.
We here at the West Village Renaissance Group (WVRG) have been able to see this program work and reap the
benefits of its success. As always, any program we attempt here, once proven, is then introduced to our city leaders for
the rest of the community to utilize. In this manner, the WVRG can share our experiences with our neighbors, crossing
borders of districts and streets to assist in the creation of a better Buffalo.
We thank you for this opportunity to have an open forum of ideas that work, as well as those to be proven. Community
and government working together can cure a multitude of issues. We are honored to take part in this endeavor-
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF ECONOMIC
DEVELOPMETN , PERMITS AND INSPECTION
NO. 71
ADELPHIA COMMUNICATIONS CORPORATION
CHAPTER 11 CASES
CASE NO 02 -41729 (REG)
JOINTLY ADMINISTERED
NOTICE OF: (1) ENTRY OF ORDER CONFIRMING FIRST
MODIFIED FIFTH AMENDED JOINT CHAPTER 11 PLAN FOR
ADELPHIA COMMUNICATIONS CORPORATION AND CERTAIN OF ITS AFFILIATED DEBTORS; (11)
OCCURRENCE OF EFFECTIVE DATE; AND (111) DEADLINE FOR FILING ADMINISTRATIVE CLAIMS AND
CLAIMS ARISING FROM REJECTION OF EXECUTORY CONTRACTS OR UNEXPIRED LEASES
PLEASE TAKE NOTICE that on January 5, 2007, the United States Bankruptcy Court for the
Southern District of New York entered an order (the "Confirmation Order "), confirming the First Modified Fifth Amended
Joint Chapter 11 Plan for Adelphia Communications Corporation and Certain of its Affiliated Debtors, dated as of
January 3, 2007, as Confirmed (the "Plan "). The Plan was proposed jointly by the Debtors, the Official Committee of
Unsecured Creditors in these cases (the "Creditors Committee "), and the undersigned Administrative Agents for certain
of the Debtors' pre - petition Bank Lenders (collectively, to the extent provided in the Plan, the "Proponents "). Capitalized
terms used but not defined herein have the meanings given them in the Plan.
PLEASE TAKE FURTHER NOTICE that the Confirmation Order and the Plan each are on file with
the Clerk of the Court, and may be examined by interested parties at the Office of the Clerk of the Court, United States
Bankruptcy Court, Southern District of New York, One Bowling Green, New York, New York 10004, during regular
business hours. Copies of the Plan and Confirmation Order also may be obtained from the Bankruptcy Court's website
at www.nysb.uscourts.gov.
PLEASE TAKE FURTHER NOTICE that on February 13, 2007, the "Effective Date" occurred with
respect to the Plan.
PLEASE TAKE FURTHER NOTICE that pursuant to Section 6.2(a) of the Plan and paragraph 35
of the Confirmation Order, except with respect to Excluded Administrative Claims, any holder of an Administrative
Claim must file with the Bankruptcy Court and serve on the Debtors, the Statutory Committees and the Office of the
United States Trustee, notice of such Administrative Claim within forty (40) days after service of this notice. Such notice
(the "Administrative Claim Notice ") must include at a minimum (A) the name of the Debtor(s) that are purported to be
liable for the Administrative Claim, (B) the name of the holder of the Administrative Claim, (C) the amount of the
Administrative Claim, (D) the basis of the Administrative Claim, and (E) supporting documentation for the Administrative
Claim.
PLEASE TAKE FURTHER NOTICE that except with respect to Excluded Administrative Claims (as
such term is defined in the Confirmation Order), any holder of an Administrative Claim who fails to file an Administrative
Claim Notice in respect of such Claim on or before 5:00 pm. Eastern time. on March 26. 2007, shall be forever barred,
estopped and enjoined from asserting such Administrative Claim (or filing an Administrative Claim Notice or any other
proof of claim with respect thereto), and the Debtors and their Assets shall be forever discharged from any and all
indebtedness or liability with respect to such Administrative Claim, and such holder shall not be entitled to receive any
distribution in the Chapter 11 Cases on account of such Administrative Claim. Proof of an Administrative Claim shall be
mailed to one of the following addresses:
Via Overnight Delivery: Via First Class
Mail:
Adelphia Communications Corp. Adelphia
Communications Corp
Claims Processing Center Claims
Processing Center
c/o United States Bankruptcy Court Southern District of New York P.O. Box 5059,
Bowling Green Station
One Bowling Green, New York, NY
10274 -5059
New York, NY 10004 -1408
PLEASE TAKE FURTHER NOTICE that, pursuant to Section 6.2(b) of the Plan and paragraph 37
of the Confirmation Order, each Professional Person who holds or asserts a Fee Claim, other than ordinary course
professionals retained by the Debtors pursuant to an order(s) of the Bankruptcy Court, shall be required to file with the
Bankruptcy Court, and serve on all parties required to receive notice, a Fee Application within forty -five (45) days after
the Effective Date (which time period may be expanded upon agreement of the Debtors and the Creditors Committee).
The failure to file timely and serve such Fee Application shall result in the Fee Claim being forever barred, discharged
and Disallowed.
PLEASE TAKE FURTHER NOTICE that any holder of a Claim created by (a) the rejection of an
executory contract and unexpired lease under the Plan or (b) the expiration or termination of any executory contract or
unexpired lease prior to the Confirmation Date must, without prejudice to the Debtors' rights to assert that such Claim
already is barred and unenforceable against the Debtors, their respective estates and the Assets, file and serve on the
Debtors a proof of such Claim no later than thirty (30) days after the date of this notice. Any such Claim not timely filed
and served shall be forever barred from assertion and shall not be enforceable against the Debtors, their respective
estates or the Assets.
RECEIVED AND FILED
NO. 72
AMEND LOCAL FINANCE LAW
Assemblyman Schilnminger and I have introduced a bill, S.1 963/A.5381, An Act to amend the Local Finance
Law, in relation to the sale of bonds and notes of the City of Buffalo. The bill and memo are enclosed for your
information.
If the State Legislature is to consider this legislation, it must receive the required home rule request from the
City of Buffalo. I would appreciate your help in having this home rule request adopted and the completed forms
forwarded to the appropriate Home Rule Counsel as indicated on the reverse of the enclosed forms.
RECEIVED AND FILED
NO. 73
PROPOSED OLMSTEAD PARK FEES
I feel compelled to write to this Honorable Body regarding the restrictive and punitive fees that were proposed by the
Olmsted Park Conservancy. I fully support Councilmember Golombek and Mayor Brown in their efforts to overturn
these fees.
Since the Conservancy took over the maintenance of Riverside Park there has been an underlying tension between
them and the users of our Park. They have continuously given those organizations that use the park the feeling that
youth sports organizations and festival organizers were an imposition and burden and quite frankly, unwelcome in our
own park. Former Parks Dept. workers have confirmed this feeling claiming the Olmsted Conservancy would rather see
the parks as passive areas without recreation.
As a former North District Councilmember, I worked closely with the Friends of Olmsted Parks and area residents to put
together the Riverside Park Master Plan. That plan was designed and implemented with the full intention of having the
River Rock Little League, Black Rock Riverside Little League Football, Bud Bakewell Hockey, the 4 of July
Celebration and Towpath Festival in Riverside Park. Each of these organizations was a stakeholder in the planning
process. They are vital parts of what makes up our community. From the beginning, the Friends of Olmsted Parks
believed they had the final say in the Master Plan, regardless of what the community wanted. Needless to say, that was
never allowed to happen.
The baseball and softball diamonds at Riverside Park were designed specifically with the Little League in mind because
they were being displaced by what is now the Grabiurz School of Excellence. The sole intent for these playing fields
was for Riverside Park to be their home.
The football field was designed specifically for the Little League Football utilizing Block Grant funds and a grant from
the National Football League. Little League Football was the only reason the NFL gave us the grant. Very simply, NO
Little League, NO NFL grant, NO football field.
The Bud Bakewell Hockey Rink is used primarily by the league formed by Mr. Bakewell from Riverside. Hasek Heroes
and SABAH also use this rink.
Them is no question why the fields are there. They are there for the primary use of the children and families that live in
our community.
The Towpath Festival celebrates our heritage along the Erie Canal, now known as the thruway. The 4 of July
Celebration is home to the Friendship Festival, an international event and has been in existence for 54 years that bring
in tens of thousands of people to the park each summer to watch the only fireworks display within the City of Buffalo.
The basketball courts were rebuilt and are being used by PAL all summer long.
I wanted to make it clear to all of those involved that the facilities were built as part of a Master Plan that brought all
youth sports into on central facility rivaling those of our suburban neighbors. We brought families back into the park and
reclaimed our park from the drug dealers.
The effect of arbitrary and punitive fees upon our youth sports and festivals would have the resulting effect of shutting
them down, essentially evicting us from our own park.
Those who operate the Olmsted Park Conservancy must realize that the current configuration of Riverside Park was
designed and constructed with the input of the Friends of Olmsted Parks, our community and has bean reviewed and
accepted by the State Office of Historic Preservation. The current design was implemented with the use of city, federal
and grant funds for the specific purpose of bringing our youth sports organizations and festivals into Riverside Park and
keeping them there.
Ever since the Conservancy took over the maintenance of the Park them has been an underlying tension between the
youth sports leagues, festivals and the Conservancy. There has been a lack of cooperation and mistrust in their
operations. Their past history during the preparation of the Master Plan, and the recant history of tension has left an
uneasy feeling with the maintenance agreement. Now the misunderstanding of the proposed fees have laid the
groundwork for further mistrust and tension. The general feeling in the community is that the Conservancy was indeed
attempting to impose arbitrary and punitive fees upon the youth groups and festivals that would have forced them to
cease their operations but simply got caught and underestimated the reaction from people. The mistrust did not go
away after their recent actions.
The Olmsted Parks Conservancy must meet the challenge of reestablishing a working relationship with our community.
They must reach out to the River Rock Little League, Black Rock Riverside Little League Football, Bud Bakewell
Hockey and Hasek's Heroes, and those that run the 4 of July and Towpath Festivals. They need to reach out to us as
partners not as people that are subservient to them. Our community is more than willing to be an equal partner. Only
time will tell if they will meet this challenge.
If the Olmsted Park Conservancy continues to show a hostile attitude towards our community we will be forced to fight
back. We will never allow anyone to evict us from our parks. This generation has leased from the mistakes made by
previous generations that allowed the thruway to take the waterfront away from us. This generation and hopefully
others to follow will never, ever give up anther inch of valued park space. And no one is going to charge us outrageous
fees to use our own park.
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO. 74
P. SORGI, AGENT, USE 1545 WILLIAM- BILLBOARD
(LOVE JOY) (HRG. 3/13)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY
PLAN BD.
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 75
NOTICES OFAPPT.- TEMP. /PROV. /PERM. (C. CLK.)
( #37, 2/20
That the above item be and the same hereby is received and filed.
ADOPTED.
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 76
FIRE PROMOTIONAL EXAMINATION
(ITEM NO. 43, C.C.P., FEB. 20, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation-
Mr. Davis moved:
That the above item be the same and is hereby received and filed
ADOPTED
AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO — 6 NOES — DAVIS, RUSSELL,
SMITH — 3
NO. 77
CONTRACT FOR FIRE PROMOTIONAL EXAMS
( #82,10/31) ( #67,10/17) ( #69,9/5) (HR) ( #63,2/20)
That the above item be and the same hereby is received and filed.
PASSED
AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO — 6 NOES — DAVIS, RUSSELL,
SMITH — 3
NO. 78
PROPOSALS - CITY HALL CAFETERIA
(ITEM NO. 20, C.C.P., DEC. 12, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above item be the same and is hereby recommitted to the Committee on Finance
ADOPTED
AYES — DAVIS, FONTANA, KEARNS, LOCURTO, RUSSELL, SMITH — 6 NOES — BONIFACIO, FRANCZYK,
GOLOMBEK -3
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 79
J. SHEPPARD, PETITION TO USE 256 ALLEN - EATING /DRINKING ESTABLISHMENT
(ITEM NO. 56, C.C.P., FEB. 20, 2007)
That after the public hearing before the Committee on Legislation on February 27, 2007, the petition of J. Sheppard,
owner, for permission to use 256 Allen Street for an eating /drinking establishment be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 80
J. ALLEN, PETITION TO USE 263 A/K /A 285 WASHINGTON- GROUND SIGN
(ITEM NO. 57, C.C.P., FEB. 20, 2007)
That the petition of J. Allen, owner, for permission to use 263 a /k /a 285 Washington for a ground sign be, and hereby is
approved.
PASSED
AYES - 9 NOES -0
NO. 81
OPP. TO OLMSTED CONSERVANCY IMPOSING FEES UPON YOUTH SPORTS ORG.
(EXC. 1 & 2 RES.) ( #96,2/20)
That the above item be and the same hereby is referred to the Common Council Without Recommendation.
Mr. Fontana made a motion to recommit said item to the Committee on Legislation.
ADOPTED.
NO. 82
S. MAGAVERN -COB LIVING WAGE COMM.- LIVING WAGE
( #52,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 83.
REST. DANCE LICENSE (RENEWAL) -45 W. CHIPPEWA (ELL) (EDPI)
( #20,2/20)
That the above item be and the same hereby is denied.
DENIED
NO. 84
M. KEAMS -TIME WARNER CABLE - SUBSCRIBER INFO. /CUSTOMER RATES
(#49,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 85
HANDICAP ACCESSIBILITY OF CITY PARKS (PW)
( #27,7/25)
That the above item be and the same hereby is received and flied.
ADOPTED
NO. 86
OUTLINING A STRATEGY TO GET ILLEGAL GUNS OFF THE STREET (CP)
( #13,12/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 87
STRENGTHEN PEST MANAGEMENT BOARD
( #117,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 88
TIME WARNER CABLE FRANCHISES EXTENSION
( #82,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 89
QUARTERLY REPORTS FOR CDBG AGENCIES (COMM. SVS.)
( #29,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 90
FAMILY ATTRACTIONS AT ERIE CANAL HARBOR (EXC. 1 & 2 RES.)
( #90,2/20)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED
NO. 91
OPPOSE SALE OF ALBRIGHT KNOX PERMANENT COLL. (EXC. 2 RES.)
( #93,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 92
BACK TO BASICS WELDING COURSE
(ITEM NO. 56, C.C.P., JAN. 23, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above - mentioned item be and the same is hereby received and filed.
ADOPTED.
NO. 93
UNION SHIP CANAL
(ITEM NO. 5, C.C.P., FEB. 6, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Common Council hereby adopts the attached Negative Declaration for the Union Ship Canal.
ADOPTED
SPECIAL COMMITTEES
BUDGET COMMITTEE
(DOMINIC J. BONIFACIO JR., CHAIRMAN)
NO. 94
COMPREHENSIVE ANNUAL FINANCIAL RPT. FOR FY ENDED 6/30/06 (COMPT.)
( #9,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 95
M. DEUTSCHMAN- LEAGUE OF WOMEN VOTERS -OPP.
TO RANZENHOFER SALES TAX DISTRIBUTION RESOLUTION
(#40,11/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 96
HOME OWNER WATERLINE REPAIRS
( #10,12/26) (PW)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 97
BUFFALO MUNICIPAL WATER FINANCE AUTHORITY FIVE YEAR CAPITAL PLAN
(ITEM NO. 17, C.C.P., DEC. 26, 2006)
That pursuant to the Financing Agreement between the City of Buffalo, the Buffalo Water Finance Authority, and the
Buffalo Water Board, the Five Year Capital Plan for 2007 -2013, as attached to the above item, be and the same is
hereby approved.
PASSED
AYES - 9 NOES -0
NO. 98
2007 CAPITAL BUDGET RECOMMENDATION & FIVE YR. PLAN (COMPT)
( #14,11/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 99
COB FOUR YEAR FINANCIAL PLAN REVISED 5/24/06 (MAYOR)
( #3,6/13)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 100
FIRST QUARTER GAP (COMPT)
(#13,11/14)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 101
2006 -07 FIRST QUARTER GAP SHEET (AFUA)
( #39,11/14)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 102
MODEL QUALITY OF LIFE CENTER ( #43,9/5) (POL)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 103
C.O.P.S. INFO. (EXC. 1 & 2ND RES.)
( #147,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 104
REQ. GOV. & NYS LEG. LIFT WAGE FREEZE & PHASE OUT CONTROL BD. IN COB
( #132,5/16)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 105
AUDIT OFBD. OFED.- 7/1/03- 12/31/05 -BOE RESPONSES;
AUDIT FOLLOW- UP /BOE ADDL. INFO. (COMPT.) ( #7,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 106
RESPONSE -COB AUDIT & AUDIT REPORT FOLLOW -UP (BD. ED.)
( #51,4/1 8)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 107
BD. OF ED. AUDIT -JULY 1, 2003 TO DECEMBER 31, 2005 (COMPT)
( #15,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 108
BD. OF ED. AUDIT -AUDIT FOLLOW -UP (COMPT)
( #16,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 109
INVITING REPS. OF MBBA & JER REVENUE SERVICES
TO MEET WITH COMMON COUNCIL RE: PROP. IN COB (EXC. 1 & 2 RES) ( #142,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 110
REQUEST FOR MONTHLY BUDGET REPORT
( #123,11/3)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 111
REVIEW OF OPERATIONAL REDUNDANCY & DUPLICITY (EXE. 1 RES.)
( #150,6/14)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 112
REVIEW OF OPERATIONAL REDUNDANCY & DUPLICITY (BD. ED.)
(#49,6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 113
REVIEW OF OPERATIONAL REDUNDANCY & DUPLICITY (BSA)
( #50,6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
IN *IS]ItI)tIIQ0
NO. 114
RE: HOME RULE MESSAGE SENATE BILL #1963, ASSEMBLY #5381, "AN ACT TO AMEND THE LOCAL
FINANCE LAW, IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO."
WHEREAS: A Bill has been introduced in the New York State Assembly #1963, and New York State Senate #5381 to
amend the Local Finance Law, in relation to the sale of bonds and notes of the City of Buffalo; and
WHEREAS: This legislation is simply a one year extender of existing law to allow the City of Buffalo to sell its bonds at
private sale; and
WHEREAS: The present law, which expires on June 30, 2007, has given the City of Buffalo a valuable tool to provide
expeditious funds for projects which require immediate attention; and
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo hereby goes on record in support of Assembly Bill #5381, and Senate
Bill #1963, "An act to amend the Local Finance Law, in relation to the sale of bonds and notes of the City of Buffalo."
Be It Further Resolved That:
The City Clerk is hereby authorized and directed to forward Certified copies of this resolution to the Home Rule Counsel
of the Senate and the Assembly;
Assembly Speaker Shelden Silver; Senate Majority Leader Joseph Bruno, and to members of the Western New York
Legislative Delegation
ADOPTED
NO. 115
BY: BRIAN C. DAVIS:
BOND RESOLUTION
FIRE APPARATUS ACQUISITION
ACCOUNT 3000 -210
Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,563,270 General Improvement Bonds
of said City to finance the cost of acquisition of firefighting apparatus for the Fire Department, at the estimated total cost
of $1,563,270.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of One Million Five Hundred Sixty -Three
Thousand Two Hundred Seventy Dollars ($1,563,270), pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance
the cost of the acquisition of firefighting apparatus for the Fire Department, including at least two now Class "A" Pumper
Trucks and two Ladder Trucks. The estimated total cost of said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing
thereof, is $1,563,270 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Fire, "Fire Apparatus Acquisition- 2007 ", Bond Authorization Account No. 3000 -210, and shall be used for the class of
objects or purposes specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $1,563,270. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by
this resolution are to be issued within the limitations of Section 1 1.00 a. 27 of the Law, is twenty (20) years.
Co) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the
Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to
expend money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced:
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 116
BY: BRIAN C. DAVIS:
BOND RESOLUTION
VEHICLE PURCHASE - STREETS DIVISION
ACCOUNT 3000 -600
Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $839,950 General Improvement Bonds of
said City to finance the cost of acquisition of machinery and apparatus for the Division of Streets, at the estimated total
cost of $839,950.
The Common Council of the City of Buffalo, in the County of Erie, Now York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Eight Hundred Thirty -Nine Thousand Nine
Hundred Fifty Dollars ($839,950), pursuant to the provisions of the Charter of said City and the Local Finance Law,
constituting Chapter 33 -a of the Consolidated Laws of the State of Now York (the "Law "), to finance the cost of the
acquisition of machinery and apparatus for the Division of Streets, including snowplows, high lifts, dump trucks,
garbage packers, street sweepers and pick -up trucks. The estimated total cost of said class of objects or purposes for
which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto
and the financing thereof, is $839,950 as set forth in the duly adopted 2007 Capital Improvements Budget of said City,
as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Streets, "Vehicle Purchase - Streets Division - 2007 ", Bond Authorization
Account No. 3000 -500, and shall be used for the class of objects or purposes specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $839,950. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by
this resolution are to be issued within the limitations of Section 1 1.00 a. 28 of the Local Finance Law, is fifteen (1 5)
years.
Co) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the
Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall he made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 117
BY: BRIAN C. DAVIS:
BOND RESOLUTION
BUFFALO MEDICAL CAMPUS STREETSCAPE
(BNMC)
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $214,000 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of various streets in the Buffalo Medical Campus
area including Carlton, High, Virginia and North Streets, at the estimated maximum cost of $4,000,000, and authorizing
$3,786,000 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 therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Two Hundred Fourteen Thousand Dollars
($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a
of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial
reconstruction of various streets in the Buffalo Medical Campus area including Carlton, High, Virginia and North
Streets; such improvements to include asphalt pavement, milling /resurfacing, corbing, drainage, sidewalks, streets
lighting, traffic systems and other related right -of -way enhancements. The estimated maximum cost of said objects or
purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $4,000,000 as set forth in the duly adopted 2007 Capital Improvements
Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $3,786,000
expected to be received from the State of New York and /or the United States of America towards the cost thereof or
redemption of the Bonds issued therefore or to budget as an offset to the taxes for the payment of the principal of and
interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Perks & Streets, Division of Engineering, "Buffalo Medical Campus Streetscape (BNMC), 200T', Bond
Authorization Account No. 3000 -310, and shall be used for the class of objects or purposes specified in Section 1 of
this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4, The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
Co) Current funds ere not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52,00 of the
Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both
principal end interest by a general tax upon ail the taxable real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption of said bonds end said notes.
Section 5. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
BY: BRIAN C, DAVIS:
NO. 118
BOND RESOLUTION
CITYWIDE ARTERIAL PAVEMENT MILLING &
RESURFACLNG
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$112,350 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of various streets located throughout the City, at
the estimated maximum cost of $2,212,350, and authorizing $2,100,000 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
therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of One Hundred Twelve Thousand Three
Hundred Fifty Thousand Dollars ($112,350), pursuant to the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the
local share of the cost of partial reconstruction of various streets located throughout the City including asphalt
pavement, milling /resurfacing, curbing, street lighting and landscaping. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $2212,350 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend
$2,100,000 expected to be received from the State of New York and /or the United States of America towards the cost
thereof or redemption of the Bonds issued therefore or to budget as an offset to the taxes for the payment of the
principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Citywide Arterial Pavement Milling & Resurfacing, 2007 ", Bond
Authorization Account No. 3000 -310, and shall be used for the specific object or purpose specified in Section 1 of this
resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said class of objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $112,350. This Resolution is a declaration of Official intent
adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by
this resolution are to be issued within the limitations of Section 11.00 a. 20 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed
by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 119
BY: BRIAN C. DAVIS:
BOND RESOLUTION
CITYWIDA INFRASTRUCTURE
REPAIR/REPLACEMENT
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $4,192,570 General Improvement Bonds
of said City to finance the cost of various infrastructure improvements Citywide, at the estimated total cost of
$4,192,570.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Four Million One Hundred Ninety -Two
Thousand Five Hundred Seventy Dollars ($4,192,570), pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance
the cost of various infrastructure improvements Citywide, including highway paving, bridge repairs, sidewalks, curbing,
street lighting and other R.O.W. enhancements. The estimated total cost of said objects or purposes for which the
bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $4,192,570 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as
amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Sheets, Division of Engineering, "Citywide Infrastructure Repair /Replacement -2007, Bond
Authorization Account No. 3000 -310, and shall be used for the class of objects or purposes specified in Section 1 of
this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City
pursuant to this Bond Resolution in the maximum amount of $4,192,570. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the
Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 120
BY: BRIAN C. DAVIS:
BOND RESOLUTION
CONSTRUCTION OF ARENA STREETS - PHASE II
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $324,692 General Improvement Bonds of
said City, to finance the local share of the cost of infrastructure improvements in the Lower Main Street and Erie Canal
Harbor Redevelopment Area, at the estimated maximum cost of $6,393,692, and authorizing $6,069,000 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 therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Three Hundred Twenty -Four Thousand Six
Hundred Ninety -Two Dollars ($324,692), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local
share of the cost of infrastructure improvements in the Lower Main Street and Erie Canal Harbor Redevelopment Area,
including asphalt pavement construction, historic cobblestone street construction, curbing, drainage, sidewalks, street
lighting and traffic control systems. The estimated maximum cost of said objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing
thereof, is $6,393,692 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended.
The Comptroller of the City is hereby further authorized to expend $6,069,000 expected to be received from the State
of New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefore
or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Consumption of Arena Streets, 2007 ", Bond Authorization
Account No. 3000 -310, end shall be used for the objects or purposes specified in Section 1 of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $324,692. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed
by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 121
BY BRIAN DAVIS
BOND RESOLUTION
EMERGENCY BRIDGE REPAIRS
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $428,000 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of various bridges located throughout the City, at the estimated
maximum cost of $428,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Four Hundred Twenty -Eight Thousand Dollars
($428,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a
of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of
various bridges located throughout the City. The estimated maximum cost of said class of objects or purposes for which
the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $428,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as
amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Emergency Bridge Repairs, 2007 ", Bond Authorization
Account No. 3000 -310, and shall be used for the objects or purposes specified in Section I of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said class of objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum mount of $428,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by
this resolution are to be issued within the limitations of Section 11.00 a. 10. of the Law, is twenty (20) years.
(b) Current Bonds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the
Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if—
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 122
BY: BRIAN C. DAVIS:
BOND RESOLUTION
FARGO AVE. /D'YOUVILLE COLLEGE STREETSCAPE
AND TRAFFIC ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $107,000 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Fargo Avenue between Porter Avenue and
Connecticut Street, at the estimated maximum cost of $2,000,000, and authorizing $1,893,000 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 therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of One Hundred Seven Thousand Dollars
($107,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a
of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial
reconstruction of Fargo Avenue between Porter Avenue and Connecticut Street, including asphalt pavement,
milling /resurfacing, curbing, drainage, sidewalks, street lighting, traffic control systems, roundabout construction and
other related right -of -way enhancements. The estimated maximum cost of said objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing
thereof, is $2,000,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended.
The Comptroller of the City is hereby further authorized to expend $1,893,000 expected to be received from the State
of New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefore
or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, Fargo Ave. /D'Youville Collage Streetscape and Traffic, 2007 ",
Bond Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of this
resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $107,000. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or pu.g3oses for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation oft he sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the data of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 123
BY: BRIAN C. DAVIS:
BOND RESOLUTION GILDER STREET RECONSTRUCTION
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $315,650 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Grider Street from E. Delavan Avenue to
Kensington Avenue, at the estimated maximum cost of $5,920,650, and authorizing $5,605,000 expected to be
received from the State of New York end /or the United States of America to be expended towards the cost thereof or
redemption of the Bonds issued therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Three Hundred Fifteen Thousand Six
Hundred Fifty Dollars ($315,650), pursuant to the provisions of the Charter of said City and the Local Finance Law,
constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of
the cost of partial reconstruction of Grider Street from E. Delavan Avenue to Kensington Avenue including new
pavement construction, curbing, drainage, sidewalks, street lighting, waterline, traffic control systems and other right of
way enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is
$5,920,650 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended. The
Comptroller of the City is hereby further authorized to expend $5,605,000 expected to be received from the State of
New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefore or
to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Crider Street Reconstruction, 2007 ", Bond Authorization
Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds ere herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $315,650. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution end any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed
by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
(d) Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 124
BY: BRIAN C. DAVIS:
BOND RESOLUTION
KENMORE AVENUE PAVING & STREETSCAPE
IMPROVEMENTS
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $313,510 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Kenmore Avenue from Main Street to Stalin
Avenue, at the estimated maximum cost of $5,860,000, and authorizing $5,546,490 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 therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves Coy the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Three Hundred Thirteen Thousand Five
Hundred Ten Dollars ($313,510), pursuant to the provisions of the Charter of said City and the Local Finance Law,
constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of
the cost of partial reconstruction of Kenmore Avenue from Main Street to Starin Avenue, including asphalt pavement,
milling /resurfacing, curbing, drainage, sidewalks, street lighting, traffic control systems and other related right -of -way
enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is
$5,860,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended. The
Comptroller of the City is hereby further authorized to expend $5,546,490 expected to be received from the State of
New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefore or
to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Kenmore Avenue Paving & Streetscape Improvements, 2007 ",
Bond Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of this
resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or
purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $313,510. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9, of the Law,
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 125
BY: BRIAN C. DAVIS:
BOND RESOLUTION
MICHIGAN AVENUE STREETSCAPE
IMPROVEMENTS
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $107,000 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Michigan Avenue from Broadway to Goodell
Sheet, at the estimated maximum cost of $2,000,000, and authorizing $1,893,000 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 therefore 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of One Hundred Seven Thousand Dollars
(107,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a
of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial
reconstruction of Michigan Avenue from Broadway to G6del Sheet, including asphalt pavement, milling /resurfacing,
curbing, drainage, sidewalks, street lighting and other related right -of -way enhancements. The estimated maximum
cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $2,000,000 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend
$1,893,000 expected to be received from the State of New York and /or the United States of America towards the cost
thereof or redemption of the Bonds issued therefore or to budget as an offset to the taxes for the payment of the
principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Michigan Avenue Streetscape Improvements, 2007 ", Bond
Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section I of this
resolution
. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or
purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $107,000. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1A 50 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes, for which the bonds authorized by this
resolution are to be issued within the limitations of Section 1 1.00 a. 91 the Law, is fifteen (15) years.
Co) current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. Of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed
by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 126
BY: BRIAN C. DAVIS:
BOND RESOLUTION
NIAGARA STREET GATEWAY PROJECT
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $90,201 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Niagara Street from Niagara Square to
Virginia /Carolina /1 -190 Interchange, at the estimated maximum cost of $2,107,000, and authorizing $2,016,799
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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves Coy the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Ninety Thousand Two Hundred One Dollars
($90,201), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a
of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial
reconstruction of Niagara Street from Niagara Square to Virginia /Carolina /1 -190 Interchange including asphalt
pavement, milling /resurfacing, curbing, drainage, street lighting, traffic control systems and other related right -of -way
enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is
$2,107,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended. The
Comptroller of the City is hereby further authorized to expand $2,016,799 expected to be received from the State of
New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefor or
to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Niagara Street Gateway Project, 2007 ", Bond Authorization
Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or
purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $90,201. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution arc to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or arty bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed
by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as 1 o rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual
payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts required for the amortization and
redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 127
BY: BRIAN C. DAVIS:
BOND RESOLUTION
PORTER AVE. OBSERVATION POINT &
STREETSCAPE IMPROVEMENTS
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $96,300 General improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Porter Avenue from Niagara Street to the
Terminus at LaSalle Park, at the estimated maximum cost of $646,300, and authorizing $550,000 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Ninety -Six Thousand Three Hundred Dollars
($96,300), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a
of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial
reconstruction of Porter Avenue from Niagara Street to the Terminus at LaSalle Park, including asphalt pavement,
mill /resurfacing, curbing, drainage, street lighting, roundabout, overlook area and other right -of -way enhancements. The
estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing thereof, is $646,300 as set forth in the duly
adopted 2007 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further
authorized to expend $550,000 expected to be received from the State of New York and /or the United States of
America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for
the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Sheets, Division of Engineering, "Porter Ave. Observation Point & Streetscape Improvements,
2007 ", Bond Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1
of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $96,300. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
Co) current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 128
BY: BRIAN C. DAVIS:
BOND RESOLUTION
RECONSTRUCTION OF MAIN STREET - PHASE II
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $600,000 General Improvement Bonds of
said City, to finance the local share of the cost of partial reconstruction of Main Street from Hertel Avenue to Kensington
Avenue and the New York State Route 33 Interchange, at the estimated maximum cost of $17,283,005, and authorizing
$16,683,005 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Six Hundred Thousand Dollars ($600,000),
pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the
Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial reconstruction
of Main Street from Hertel Avenue to the New York State Route 33 Interchange, including asphalt and concrete
pavement reconstruction, curbing, sidewalks, street lighting, traffic control systems and other right -of -way
enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is
$17,283,005 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended. The
Comptroller of the City is hereby further authorized to expend $16,683,005 expected to be received from the State of
New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefor or
to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of
Public Works, Parks & Streets, Division of Engineering, "Reconstruction of Main Street - Phase II, 200T', Bond
Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of this
resolution
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $600,000. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds arc not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed
by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 129
BY MR. DAVIS
BOND RESOLUTION
RETURNING CARS TO MAIN STREET - PHASE I
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, Now York, authorizing the issuance of $401,250 General Improvement Bonds of
said City, to finance the local share of the cost of infrastructure improvements on Main Street from Goodell Street to
Chippewa Street, at the estimated maximum cost of $7,901,250, and authorizing $7,500,000 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.
The Common Council of the City of Buffalo, in the County of Erie. New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred One
Thousand Two Hundred Fifty Dollars ($401,250), pursuant to the previsions of the Charter of said City and the Local
Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the
local share of the cost of infrastructure improvements on Main Street from Goodell Street to Chippewa Street including
LRRT Trackbed modifications, LRRT Station renovations, landscaping and other related right -of -way enhancements.
The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the financing thereof, is $7,901,250 as set forth in
the duly adopted 2007 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby
further authorized to expend $7,500,000 expected to be received from the State of New York and /or the United States
of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes
for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Returning Cars to Main Street -
Phase I, 2007 ", Bond Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in
Section 1 of this resolution
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs arc reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $401,250. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4, The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds
authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of
Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual
payment of the principal of and interest on said bonds and said notes. Provision shall be made annualy by
appropriation by said City for the payment of interest on and for the amounts required for the amortization and
redemption of said bonds and said notes.
Section 6, The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 130
By: Brian C. Davis:
BOND RESOLUTION
SYCAMORE VILLAGE DEVELOPMENT
ACCOUNT 3000 -310
Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,638,000 General Improvement Bonds
of said City to finance the cost of various infrastructure improvements for the Sycamore Village housing projects, at the
estimated total cost of $1,638,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Six
Hundred Thousand Dollars ($1,638,000), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of
various infrastructure improvements for the Sycamore Village housing projects, including street, sidewalk and curb
improvements, street lighting, tree installation, and related improvements. The estimated total cost of said objects or
purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $1,638,000 as set forth in the duly adopted 2007 Capital Improvements
Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fond to the
credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Sycamore Village Development -
2007, Bond Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of
this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City pursuant to this Bond Resolution in the maximum amount of $1,638,000. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds
authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91 of the Law, is fifteen (15)
years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable reel property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 131
By: Brian C. Davis:
BOND RESOLUTION
60 HEDLEY PLACE RESTORATION
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $321,000 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of the historic City -owned structure located at 60 Hadley Place to
provide a community center, at the estimated maximum cost of $321,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred
Twenty -One Thousand Dollars ($321,000), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of
partial reconstruction of the historic City -owned structure located at 60 Hadley Place to a provide a community center.
The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to
be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $321,000 as set forth in
the duly adopted 2007 Capital improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "60 Hadley Place Restoration, 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the objects or purposes specified in Section 1 of this
resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $321,000. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The existing building to be partially reconstructed is of Class "B" construction as defined by
Section 11.00 a. 11. Co) of the Law, and the period of probable usefulness applicable to the specific object or purpose
for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of
the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as — both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days
after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 132
By: Brian C. Davis:
BOND RESOLUTION
BAILEY GENESEE FIRE STATION
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $3,745,000 General Improvement Bonds
of said City to finance the cost of land acquisition and construction at 2044 Bailey Avenue of a new fire station, at the
estimated maximum cost of $3,745,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Million
Seven Hundred Forty -Five Thousand Dollars ($3,745,000), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to
finance the cost of the acquisition of the 0.84 acres of land located at 197 Burgard Place and construction at 2044
Bailey Avenue of a new fire station. The estimated total cost of said objects or purposes for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is
$3,745,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "Bailey Genesee Fire Station, 2007, Bond Authorization
Account No. 3000 -320, and shall be used for the specific object or purpose specified in Section 1 of this resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $3,745,000. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes which the bonds
authorized by this resolution are to be issued within the limitations of Section 11.00 a. 93 of the Local Finance Law, is
twenty -five (25) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds end the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City ere hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 133
By: Brian C. Davis:
BOND RESOLUTION
BAILEY KENSINGTON FIRE STATION -PHASE I
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $267,500 General Improvement Bonds of
said City, to finance the cost of Phase I design and construction of a new City fire station at 3232 Bailey Avenue, at the
estimated maximum cost of $267,500.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves Coy
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred
Sixty -Seven Thousand Five Dollars ($267,500), pursuant to the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the
cost of Phase I construction of a new City fire station at 3232 Bailey Avenue. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs
and costs incidental thereto and the financing thereof, is $267,500 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "Barley Kensington Fire Station, 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the objects or purposes specified in Section 1 of this
resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $267,500. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The building to be constructed is of at least Class "B" construction, as defined by Section 11.00
a.11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds
authorized by this resolution are to be issued is twenty -five (25) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9 NOES -0.
NO. 134
By: Brian C. Davis:
BOND RESOLUTION
CITY COURT: FIRE ALARM SYSTEM
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $535,000 General Improvement Bonds of
said City, to finance the cost of improvements to the fire alarm system in City Court located at 50 Delaware Avenue, at
the estimated maximum cost of $535,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred
Thirty -Five Thousand Dollars ($535,000), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the coat of
improvements to the fire alarm system in City Court located at 50 Delaware Avenue. The estimated maximum cost of
said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing therefore is $535,000 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as emended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "Fire Alarm System, 200T', Bond Authorization Account
No. 3000 -320, and shall be used for the objects or purposes specified in Section 1 of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $535,000. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined end stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which
the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) 56 of the Local
Finance Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and say bond anticipation notes issued
in anticipation of the sale of said bonds sad the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal sad interest by a general tax upon all the taxable real property within said City without
limitation as to rote or amount The faith sad credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of sad interest on said bonds sad said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization sad redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or say bond anticipation notes
issued in anticipation of the sale of said bonds may ha contested only if.
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown
Mayor
Andrew A. SanFillippo
Comptroller
PASSED
AYES -9. NOES -0.
NO. 135
By: Mr. Davis
BOND RESOLUTION
CITY HALL: FIRE ALARM SYSTEM
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,070,000 General Improvement Bonds
of said City, to finance the cost of improvements to the fire alarm system in City Hall located at 65 Niagara Square, at
the estimated maximum cost of $1,070,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million
Seventy Thousand Dollars ($1,070,000), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of
improvements to the fire alarm system in City Hall located at 65 Niagara Square. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs
and costs incidental thereto and the financing thereof, is $1,070,000 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "City Hall: Fire Alarm System, 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the objects or purposes specified in Section I of this
resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,070,000. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) 56 of the Local Finance
Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00d.9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown
Mayor
Andrew A. SanFillippo
Comptroller
PASSED
AYES -9. NOES -0.
NO. 136
By: Brian C. Davis:
BOND RESOLUTION
CITY HALL: RECONSTRUCTION
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,140,000 General Improvement Bonds
of said City, to finance the cost of partial reconstruction of City Hall located at 65 Niagara Square, at the estimated
maximum cost of $2,140,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million One
Hundred Forty Thousand Dollars ($2,140,000), pursuant to the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the
cost of partial reconstruction of City Hall located at 65 Niagara Square. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $2,140,000 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Engineering, "City Hall Reconstruction, 2007 ", Bond Authorization
Account No. 3000 -320, and shall be used for the objects or purposes specified in Section 1 of this resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,140,000. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The building to be partially reconstructed is of at least Class "B" construction as defined by
Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose
for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.1 2.(a)(2) of
the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown
Mayor
Andrew A. SanFillippo
Comptroller
PASSED
AYES -9. NOES -0.
NO. 137
By: Brian C. Davis:
BOND RESOLUTION
CITYWIDE IMPROVEMENTS TO
BUILDINGS /FACILITIES
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $731,250 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of various City -owned buildings, at the estimated maximum cost of
$731,250.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Hundred
Thirty -One Thousand Two Hundred Fifty Dollars ($731,250), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to
finance the cost of partial reconstruction of various City -owned buildings. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $731,250 as set forth in the duly adopted 2007 Capital
Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital projects Fund to the
credit of the Department of Public Works) Division of Buildings, "Citywide Improvements to Buildings /Facilities, 2007,
Bond Authorization Account No. 3000 -320, and shall be used for the class of objects or proposes specified in Section I
of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $731,250. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. Co) of
the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds
authorized by this resolution ere to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen
(15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said not— shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rote or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if.'
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations ate authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. SanFillippo, Comptroller
PASSED.
AYES -9. NOES -0
NO. 138
By: Brian C. Davis:
I_16101117:1 *1611141DILI
MUSEUM OF SCIENCE
PHASE I PLUMBING UPGRADE
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $107,000 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of the Museum of Science located at 1020 Humboldt Parkway, at
the estimated maximum cost of $107,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred
Seven Thousand Dollars ($107,000), pursuant to the provisions of the Charter of said City and the Local Finance Law,
constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the partial
reconstruction of the Museum of Science located at 1020 Humboldt Parkway, including plumbing improvements. The
estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the financing thereof, is $ 107,000 as set forth in the
duly adopted 2007 Capital Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Building, "Museum of Science, Phase I Plumbing Upgrade, 2007 ",
Bond Authorization Account No. 3000 -320, and shall be used for the objects or purposes specified in Section 1 of this
resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said specific object or purpose for which bonds are heroin authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $107,000. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 13 of the Law, is ten (10)
years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 139
By: Brian C. Davis:
BOND RESOLUTION
KLEINHANS ELECTRICAL CAPACITY UPGRADE
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,045 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of Kleinhans Music Hall, located at 360 Pennsylvania Avenue, at
the estimated maximum cost of $100,045.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred
Thousand Forty -Five Dollars ($100,045), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the
partial reconstruction of Kleinhans Music Hall, located at 360 Pennsylvania Avenue, including an electrical system
capacity upgrade. The estimated maximum cost of said specific object or purpose for which the bonds authorized by
this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is
$100,045 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, " Kleinhans Electrical Capacity Upgrade, 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the specific object or purpose specified in Section 1 of this
resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $100,045. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 5 of the Local Finance
Law, is thirty (30) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bend anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity proscribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 140
By: Brian C. Davis:
BOND RESOLUTION
NEW STREETS GARAGE PLANNING & ANALYSIS
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $267,500 General Improvement Bonds of
said City, to finance the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates
necessary for planning a new Department of Streets garage to be located at 201 Broadway, at the estimated maximum
cost of $267,500.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred
Sixty -Seven Thousand Five Hundred Dollars ($267,500), pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance
the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning a
new Department of Streets garage to be located at 201 Broadway. The estimated maximum cost of said specific object
or purpose for which the bonds authorized by this resolution me to be issued, including preliminary costs and costs
incidental thereto and the financing thereof is $267,500 as set forth in the duly adopted 2007 Capital Improvements
Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bends shall ha deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "New Streets Garage Planning & Analysis, 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the objects or purposes specified in Section I of this
resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $267,500. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued within the Limitations of Section 11.00 (a) 62(2nd) of the Local
Finance Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of'he bonds authorized by *his resolution and any bond anticipation notes issued
in anticipation of'he sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of'he Local Finance Law. Said bonds and said notes shall be general obligations of 'he City of Buffalo
payable as to both principal and interest by a general lax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of'he principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for *he amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which 'he City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of'he publication of'his resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of'he constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED.
AYES -9. NOES -0.
NO. 141
BY: BRIAN C. DAVIS:
BOND RESOLUTION
NW COMMUNITY CENTER: AIR CONDITIONING
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $160,500 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of North West Community Center, located at 155 Lawn Avenue. at
the estimated maximum cost of $160,500.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Sixty
Thousand Five Hundred Dollars ($160,500), pursuant to the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the
cost of the partial reconstruction of North West Community Center, located at 155 Lawn Avenue, including the
installation of an air conditioning system. The estimated maximum cost of said specific object or purpose for which the
bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $160,500 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as
amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "NW Community Center: Air Conditioning, 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the specific object or purpose specified in Section 1 of this
resolution
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $160,500. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 13 of the Local Finance
Law, is ten (10) years.
Co) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if;
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days alter the date of such
publication,
Or
(c) Such obligations arc authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Comptroller
Andrew A. San Filippo
Comptroller
PASSED.
AYES -9. NOES -0.
NO. 142
By: Brian C. Davis:
BOND RESOLUTION
POLICE GARAGE CAR WASH
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $124,120 General Improvement Bonds of
said City to finance the cost of the installation of a car wash at the Police Garage located at 341 Seneca Street, at the
estimated total cost of $124,120.
The Common Council of the City of Buffalo, in the County of Erie, Now York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred
Twenty -Four Thousand One Hundred Twenty Dollars ($124,120), pursuant to the provisions of the Charter of said City
and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to
finance the cost of the installation of a car wash at the Police Garage located at 341 Seneca Street. The estimated total
cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is $124,120 as set forth in the duly adopted
2007 Capital Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bends shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Parks, Division of Buildings, "Police Garage Car Wash - 2007 ", Bond
Authorization Account No. 3000 -320, and shall be used for the class of objects or purposes specified in Section 1 of
this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $124,120. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which
the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 35 of the Local
Finance Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance- with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Comptroller
Andrew A. San Filippo
Comptroller
PASSED.
AYES -9. NOES -0.
NO. 143
By: Brian C. Davis:
BOND RESOLUTION
SHEA'S RECONSTRUCTION AIR CONDITIONING
SYSTEM
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $321,000 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of Shea's Center for the Performing Arts, located at 642 Main
Street, at the estimated maximum cost of $321,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred
Twenty -One Thousand Dollars ($321,000), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the
partial reconstruction of Shea's Center for the Performing Arts, located at 642 Main Street, including the upgrading of
the air conditioning system. The estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing
thereof, is $321,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, " Shea's Reconstruction Air Conditioning System, 2007 ",
Bond Authorization Account No. 3000 -320, and shall be used for the specific object or purpose specified in Section 1 of
this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $321,000. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued within the limitations of Section 1 1.00 a. 13 of the Local Finance
Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section .52.00 of the Local Finance Law. Said bonds and said notes shall b¢ general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bands and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Comptroller
Andrew A. San Filippo
Comptroller
PASSED.
AYES -9. NOES -0.
NO. 144
By: Brian C. Davis:
BOND RESOLUTION
CITYWIDE PARKS IMPROVEMENTS
ACCOUNT 3000 -320
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,070,000 General Improvement Bonds
of said City, to finance the local share of the cost of recreational area improvements to various City parks and
playgrounds, at the estimated maximum cost of $1,234,000, and authorizing $164,000 expected to be received from
the State of New York and /or the United States of America to be expanded 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.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue Genera] Improvement Bonds of said City in the principal amount of One Million
Seventy Thousand Dollars ($1,070,000), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local
share cost of recreational area improvements to various City parks and playgrounds including re- grading, topsoil, and
seed, resurfacing and striping outdoor basketball courts, installation of new hoops and backboards, reconstruction of
deteriorated picnic shelters and installation of new facilities, replacement of damaged play structures and upgrading
existing restroom facilities. The estimated maximum cost of said class of objects or proposes for which the bonds
authorized by this resolution am to be issued, including preliminary costs and costs incidental thereto end the financing
thereof, is $1,234,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said City, as amended.
The Comptroller of the City is hereby further authorized to expend $164,000 expected to be received from the State of
New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefor or
to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Buildings, "Citywide Parks Improvements, 2007 ", Bond
Authorization Account No. 3000 -320, and shell be used for the class of objects or purposes specified in Section 1 of
this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $1,070,000. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the Law, is fifteen
(15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107,00 d. 9. of the Law.
Section 5, Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City am hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on end for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if."
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days alter the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Comptroller
Andrew A. San Filippo
Comptroller
PASSED.
AYES -9. NOES -0.
NO. 145
By: Brian C. Davis:
BOND RESOLUTION
CITYWIDE TREE REMOVALS & PLANTINGS
ACCOUNT 3000 -345
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $267,500 General Improvement Bonds of
said City, to finance the cost of removal of dead or diseased trees and the planting of now trees located throughout the
City, at the estimated maximum cost of $267,500.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves Coy
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred
Sixty -Seven Thousand Five Hundred Dollars ($267,500), pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance
the cost of the removal of dead or diseased trees and the planting of new trees located throughout the City. The
estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the financing thereof, is $267,500 as set forth in the
duly adopted 2007 Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, Division of Engineering, "Citywide Tree Removals & Plantings, 2007 ", Bond
Authorization Account No. 3000 -345, and shall be used for the objects or purposes specified in Section 1 of this
resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said class of objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $267,500. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated;
(a) The period of probable usefulness applicable to the class of objects or purposes for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 57 (Ist) of the Local
Finance Law. is five (5) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount, The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty clays after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 146
By: Brian C. Davis:
BOND RESOLUTION
DEMOLITIONS - EMERGENCY CONDITIONS
ACCOUNT 3000 -660
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,952 General Improvement Bonds
of said City, 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 maximum cost of $1,000,952.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Nine
Hundred Fifty -two Dollars ($1,000,952), pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of
demolition of various City -owned and private buildings which pose a significant threat to public health or safety. The
estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,000,952 as set forth in
the duly adopted 2007 Capital Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Department of Permits and Inspections, Division of Housing and Enforcement, "Demolitions - Emergency
Conditions, 2007 ", Bond Authorization Account No. 3000 -650, and shall be used for the class of objects or purposes
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said class of objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,952. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the
bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 89 of the Law, is five (5)
years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo
Comptroller
PASSED
AYES -9. NOES -0.
NO. 147
BY: BRIAN C. DAVIS:
BOND RESOLUTION
ADA IMPROVEMENTS VARIOUS SCHOOLS
ACCOUNT 3998 -970
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,926.000 School Bonds of said City, to
finance the cost of partial reconstruction of various School buildings located throughout the City to provide for
handicapped access, at the estimated maximum cost of $1,926,000.
The Common Council of the City of Buffalo, in the County of Erie, New York; hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue School Bonds of said City in the principal amount of One Million Nine Hundred Twenty -
Six Thousand Dollars ($1,926,000), pursuant to the provisions of the Charter of said City and the Local Finance Law,
constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the
partial reconstruction of various School buildings located throughout the City to provide for handicapped access. The
estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,926,000 as set forth in
the duly adopted 2007 Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Board of Education, "ADA Improvements Various Schools, 2007 ", Bond Authorization Account No. 3998-
970, and shall be used for the objects or purposes specified in Section 1 of this resolution
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said class of objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,926,000. This Resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The building to be partially reconstructed is of at least Class "A" construction as defined by
Section 11.00a.11.(a) of the Law, and the period of probable usefulness applicable to the class of objects or purposes
for which the bonds authorized by this resolution are to be issued within the limitations of Section 1 1.00 a. 12.(aX1) of
the Law, is twenty -five (25) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED.
AYES -9. NOES -0.
NO. 148
By: Brian C. Davis:
BOND RESOLUTION
COMPUTER & TECHNOLOGY
PHASE II JSCB SCHOOLS
ACCOUNT 3998 -970
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,325,000 School Bonds of said City, to
finance the cost of acquisition and installation of computer hardware and related software, equipment and apparatus for
use by JSCB Phase II Buffalo Public Schools located throughout the City, at the estimated maximum cost of
$3,325,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue School Bonds of said City in the principal amount of Three Million Three Hundred
Twenty -Five Thousand Dollars ($3,325,000), pursuant to the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the
cost of acquisition and installation of computer hardware and related software, equipment and apparatus for use by
JSCB Phase II Buffalo Public Schools throughout the City, including School Nos. 6, 33, 37, 39, 69, 82, 90, 91, 94, 95,
192, Bennett High School and Hutch Tech High School. The estimated maximum cost of said objects or purposes for
which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto
and the financing thereof, is $3,325,000 as set forth in the duly adopted 2007 Capital Improvements Budget of said
City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the
credit of the Board of Education, "Computer & Technology, Phase II JSCB Schools, 2007 ", Bond Authorization Account
No. 3998 -970, and shall be used for the objects or purposes specified in Section 1 of this resolution.
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of
said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by
the City, pursuant to this Bond Resolution, in the maximum amount of $3,325,000. This Resolution is a declaration of
Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 1 1.00 a. 89 of the Local Finance Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued
in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment
of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
Byron W. Brown, Mayor
Andrew A. San Filippo, Comptroller
PASSED
AYES -9. NOES -0.
NO. 149
BY: BRIAN C. DAVIS:
BOND RESOLUTION
OIL TANK IMPROVEMENTS
ACCOUNT 3998 -970
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $749,000 School Bonds of said City, to
finance the cost of replacement of liquid fuel tanks and related HVAC improvements at various City school buildings, at
the estimated maximum cost of $749,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of
not less than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to
issue School Bonds of said City in the principal amount of Seven Hundred Forty -Nine Thousand Dollars ($749,000),
pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the
Consolidated Laws of the State of New York (the "Law "), to finance the cost of replacement of liquid fuel tanks and
related HVAC improvements at various City school buildings, including School Nos. 56, 66, 69, 192, Grover Cleveland
High School and Hutch Tech High School. The estimated maximum cost of said objects or purposes for which the
bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $749,000 as sot forth in the duly adopted 2007 Capital Improvements Budget of said City, as
amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Board of
Education, "Oil Tank Improvements, 2007 ", Bond Authorization Account No. 3998 -970, and shall be used for the
objects or purposes specified in Section 1 of this resolution
.Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or
purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $749,000. This Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section 11.00 a. 90 of the Local Finance Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shah contain the recital of validity prescribed by Section 52.00 of the
Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of
the sale of said bonds may be contested only if:
Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend
money, or
The provisions of law which should be complied with at the date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced
Message of Necessity
That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES - 9 NOES -0
NO. 150
BY: MR. DAVIS
CITY OF BUFFALO
LOCAL LAW NO. (2007) INTRODUCTORY NO. 3 (2007)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Boards and Commissions
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW:
Section 1. That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow:
Board of Parking
§ 18 -35. Appointment and Removal.
Subject to confirmation by the council, the mayor shall appoint eleven qualified electors of the city to be members of the
board of parking for staggered seven -year terms except appointments made on or after April 1, 2007, in which case for
staggered five -year terms. Vacancies in the board shall be likewise filled for the unexpired portion of such term. The
mayor shall designate from among the members the chair of the board and may, from time to time, change such
designation. The mayor may, at any time, remove a member for reasons stated in writing, after an opportunity to be
heard. [Not more than six members of the board shall be affiliated in the same political party at any one time.]
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this law shall be controlling.
Section 3. This local law shall take effect immediately upon its passage.
APPROVED AS TO FORM
Corporation Counsel
Note: Matter underlined is new,
Matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 151
BY MR. DAVIS
MODIFYING THE TIME RESTRICTION FOR PREVIOUSLY ISSUED SIDEWALK CAFE' PERMITS
Whereas Under the City Code Section 413 -59 sidewalk cafes may be installed no earlier than April 1 and must be
removed before November 15 of each year; and
Whereas Under City Code Section 413 -59, the Common Council may permit a sidewalk car6 installation to remain in
place throughout the year if the Common Council finds that said installation will not interfere with pedestrian traffic and
that said installation presents no hazard or obstacle to snow removal; and
Whereas The St. Patrick's Day Parade is a great public event scheduled to take place on Saturday March 17 in the
City of Buffalo; and
Whereas Bars, restaurants and cafes during the St. Patrick's Day weekend usually draw large crowds of customers,
which is good for area small businesses and the City of Buffalo; and
Whereas Allowing establishments to open their sidewalk cafes temporarily for the St. Patrick's Day weekend, would
assist small businesses; and
Now Therefore Be It Resolved
That the Buffalo Common Council approves that business establishments
that have a valid sidewalk caf6 permit may temporarily open their sidewalk cafes —007:
ADOPTED
NO. 152
BY: BRIN C. DAVIS
PERMISSION TO HANG BANNER ON BROADWAY
Whereas: Choco -Logo Confectionery Design would like to hang a banner on the light standard on the northeast
corner of Elm Street and Broadway to advertise their business; and
Whereas: The Choco -Logo has requested that said banner be displayed from Friday, March 9, 2007 through
Sunday, May 6, 2007; and
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo grants permission to Choco -Logo Confectionery Design to display a banner
for advertising of their business.
Be It Further Resolved That:
Choco -Logo Confectionery Design will purchase the necessary bond before the banner is hung mad that said banner
shall meet all the requirements of pertinent City Department's and no existing laws should be violated.
PASSED
AYES - 9 NOES -0
NO. 153
BY MR. DAVIS
SET PUBLIC HEARING FOR
PRATT - WLLLERT REVITALIZATION
URBAN RENEWAL PLAN AMENDMENT
Whereas, the City of Buffalo Common Council designated the Pratt- Wlllert Revitalization Urban Renewal Project area
as being eligible and appropriate for Urban Renewal treatment under Article 15 of the New York State General
Municipal Law; and
Whereas, the City Planning Board, conducted the required public hearing held on March 13, 2007; and
Whereas, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Urban
Renewal Plan be approved only after a public hearing on due notice;
Now Therefore Be It Resolved That:
1. The City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Public Hearing" in the
Buffalo News and the City Record, no later than the 7 day of April, 2007 and;
Be It Further Resolved:
2. That this Common Council will conduct a public hearing on the matter stated at 2:OOPM in the Council Chambers on
April 17, 2007.
ADOPTED
NO. 154
BY: MR. FONTANA
RE: ORDINANCE AMENDMENT
CHAPTER 391, SLAUGHTERHOUSES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 391 of the Code of the City of Buffalo be amended to read as follows:
§ 391 -1. Definitions.
The following words, when used in this chapter, shall have the following meanings:
PERSON -- An individual, partnership, firm, association or corporation.
SLAUGHTERHOUSE -- A building or part thereof or premises within the City of Buffalo used or kept for the purpose of
killing, dressing or packing any
cattle, sheep, hogs, calves or other animals, or the meat thereof, intended for human consumption.
§ 391 -2. Issuance of license.
The Commissioner of Economic Development, Permit and Inspection Services, upon the recommendation of the
[Commissioner of Health] Erie County Health Department, and the approval of the Common Council may grant a
license to a person to keep or maintain a building or buildings or premises therein described as a slaughterhouse or to
any person dealing in meats slaughtered outside the City of Buffalo, New York, upon payment to the [Director of the
Treasury] Office of Licenses of the City of Buffalo of a fee as provided in Chapter 175, Fees, therefor.
§ 391 -3. Plans to be filed.
No license to keep or maintain a slaughterhouse shall be recommended by the [Commissioner of Health] Erie County
Health Department nor granted by the Commissioner of Economic Development, Permit and Inspection Services until
the plans therefor have been filed with the [Commissioner of] Health Department and the Commissioner of Economic
Development, Permit, and Inspection Services and by him approved in writing, and no plans shall be so approved until
the slaughterhouse for which a license is requested conforms to the Code of the City of Buffalo.
§ 391 -4. Expiration and revocation of license.
Each license so granted by the Commissioner of Economic Development, Permit and Inspection Services shall expire
at 12:00 midnight on the 30th day of June following the date of its grant. Each license granted by the
Commissioner of Economic Development, Permit and Inspection Services may be revoked by him for the violation, by
any person to whom it was granted, of any ordinance of the City of Buffalo at the time in effect with reference to
slaughterhouses or to the inspection of animals therein slaughtered or intended to be slaughtered or the meat or meat
products thereof, after a hearing given to the licensee, of which hearing the licensee shall have a notice of at least three
days.
§ 391 -5. Inspections.
Each slaughterhouse for which a license shall be granted as herein provided shall be open in every part at all times to
inspection by any authorized employee of the Department of Health.
§ 391 -6. Business hours.
It shall be unlawful to kill or dress any animal for human food in any slaughterhouse or other place in the City of Buffalo
between the hours of 5:00 p.m. and 7:00 a.m. or between the hours of 12:00 noon Saturday and 7:00 a.m. Monday,
except that the Commissioner of Health, through his duly authorized inspectors detailed to inspect such killing and
dressing, may grant permission to so kill and dress animals for human food in eases of special emergency.
§ 391 -7. Rooms to be watertight.
In each room of a slaughterhouse wherein any meat, refuse, offal, fertilizer or any other material derived directly or
indirectly from the slaughter of animals is treated or handled and in each room of a slaughterhouse wherein animals are
killed or dressed, the floor must be made watertight, properly drained and sewer - connected and the walls, doors and
casements constructed of or covered with some nonabsorbent material to a height of six feet above the floor.
§ 391 -8. Coolers.
In each slaughterhouse, a cooler shall be constructed and maintained, the interior of which shall be painted with white
enamel paint or constructed of nonabsorbent material, such as tile or wallboard, to be approved by the Commissioner
of Health. Such cooler shall be provided, at all times when the slaughterhouse is in use, with sufficient refrigeration to
o
maintain in the cooler a temperature of not to exceed 38 F.
§ 391 -9. Sanitation.
In each slaughterhouse there shall be maintained a manure box of some nonabsorbent materials, with a tight- fitting
cover and sewer connection. All receptacles used in the handling of meat or meat products or for blood entrails, offal or
waste matter of any kind shall be of nonabsorbent materials, and when entrails, offal or waste matter are contained
therein shall be kept tightly covered. The manure box and all receptacles shall be emptied and cleaned at the close of
each day that a deposit is made therein, and from all yards, pens or compartments all deposits of matter shall be
removed at the close of each day that the same are used. The floor of each room in the slaughterhouse shall be swept
at the close of each day the room is used, and the floor and walls to the height of six feet from the floor of each room
used for killing or dressing shall be flushed and all matter removed therefrom at the close of each day that the room is
used. Each slaughterhouse shall be provided with sufficient wire screens for windows and doors to keep the house at
all times free from flies and shall be provided with a sufficient number of receptacles for expectoration, which
receptacles shall be cleaned and disinfected at least once in every 24 hours. Each slaughterhouse shall be provided
with suitable, convenient and separate water closets for each sex, and also suitable and convenient sinks, each with
running water for washing, in the proportion of one water closet and one sink for every 15 persons or fraction thereof
employed. Each water closet compartment shall be thoroughly ventilated, and no water closet shall open into any room
where animals are killed or the product thereof prepared or kept. No dog shall be allowed to run at large upon any
premises or in any building used as a slaughterhouse. Each slaughterhouse must be kept at all times clean and
wholesome, and the odors therefrom must be destroyed by some effective means and according to the best and most
approved processes, and everything preceding, following and in connection with the slaughtering of animals and the
preparation of the products thereof must be free from all offensive conditions or cause of detriment to the public health.
§ 391 -10. Conduct of employees.
No person shall expectorate or discharge from the human body or any organ thereof any matter whatsoever upon any
floor or wall of any slaughterhouse or upon any article of furniture or equipment or upon any animal or the product
thereof within a slaughterhouse, except into receptacles provided for the purpose.
No person suffering from tuberculosis, ophthalmia or any contagious disease or any skin disease shall be employed in
a slaughterhouse in the killing of animals or the handling or preparation of the meat or meat products thereof.
§ 391 -11. Inspection of food products.
It shall be the duty of any owners of a slaughterhouse, butcher shop, grocery, drugstore or any other place where food
or liquid of any kind is kept for human consumption to allow access to the inspectors for the purpose of inspecting the
same.
§ 391 -12. Rendering of dead animals.
The rendering of dead animals is hereby declared to be unlawful and is prohibited within the City of Buffalo, except as
hereinafter provided. This provision shall not apply to the rendering of parts of animals which have been slaughtered for
human food; provided, further, that any person, firm or corporation which has facilities for rendering parts of animals
slaughtered for human food may also render dead animals at the same place if such use is permitted by the provisions
of the Zoning Ordinance of said City.
Any person, firm or corporation desiring to render dead animals not slaughtered for human food shall first apply to the
Commissioner of Permit and Inspection Services for a license to conduct such business. The Commissioner may
require a written application thereof, duly verified, giving such information concerning the location, the character of such
proposed business, the facilities for conducting it and other details which he deems necessary. If the Commissioner of
Permit and Inspection Services is satisfied that the proposed business will conform to the laws of the State of New York
and the Code of the City of Buffalo, he shall issue a license therefor, the fee for which shall be as provided in Chapter
175, Fees, which license, unless sooner revoked, shall expire June 30 of each year.
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT
PERMITS AND INSPECTIONS
NO. 166
BY: MR. FONTANA
URGING THE NYS LEGISLATURE TO RESTORE FUNDING 2- 1 -1WNY IN THE 2007 BUDGET
Whereas: 2 -1 -1 is a free, public access telephone number that provides information and referrals to health and human
services for local residents in need; and
Whereas 2 -1 -1 provides: an easily remembered telephone number, free professional and confidential assistance, 24/7,
multilingual capabilities, enhanced public safety and crisis recovery during a natural disaster and emergency response
situations to local residents in Western New; and
Whereas Currently 2 -1 -1 serves more than 196 million people through 212 systems in 41 states, the District of
Columbia and Puerto Rico and is rapidly becoming the recognized source for health and human services information
and referral; and
Whereas The United Way of Buffalo and Erie County has been working with other United Ways, Central Referral
Service (CRS), government entities and partners across Western New York to establish 2 -1 -1 -WNY. The regional
collaborative is poised to open its' 2 -1 -1 -WNY call center in July 2007. The 2 -1 -1 WNY will be co- located with
Emergency Service personnel, 911 call operators and other "first responders." and
Whereas Given the our most recent experience with the October storm, 2 -1 -1- WNY will be a tremendous asset the
next time a disaster occurs here in the City of Buffalo and surrounding areas. Call 2 -1 -1 WNY can quickly become the
number to call in the future as the most effective resource to get help quickly and effectively; and
Whereas In 2006, the State appropriated $6.9 million in funding for the statewide 2 -1 -1- effort, WNY share was
$895,000, which was instrumental in receiving commitments for other local funding sources. However, the 2007 State
budget contains no funding of 2 -1 -1. Continued State funding is critical to the outcome and the success of this project,
as well as essential to securing funding from other sources in the future.
Now, Therefore, Be It Resolved That:
This Common Council does hereby go on record requesting that the NYS Legislature Consider in their on -going budget
negotiations the restoration and the continuation of appropriate funding of 2 -1 -1 WNY, the collaborative project of the
United Way of Buffalo and Erie County, other United Ways, CRS and others to effectuate such a worthwhile advocacy
system on the public's behalf; and
Be It Further Resolved That: The City Clerk is hereby directed to send certified copies of this resolution to the Governor
Eliot Sptizer and members of the Western New York delegation to the State Legislature for their review and comments.
ADOPTED
NO. 166
BY: MR. FONTANA
CO- SPONSOR(S): MESSRS. DAVIS, KEARNS AND LOCURTO
OPPOSITION TO THE IMPORTATION OF CHINESE MADE VEHICLES
Whereas: Recently, USA Today reported that Diamler Chrysler approved a deal to team with the Chinese automaker
CHERY MOTOR CO. to develop small cars to be sold in the United States. The Chinese Government still needs to
approve the agreement; and
Whereas: Although Chinese Automakers have seen success in underdeveloped nations, they have struggled to break
into U.S. and European markets because of substandard quality; and
Whereas: That substandard quality is due in part of the unskilled labor available in China. The same USA Today Article
reports that Chinese labor rates are often as low as $1 or $2 an hour and the cost to build a modern auto plant in China
is about half the cost as in the United States; and
Whereas: Nationally, the United States Automotive Industry is one of the largest employers providing decent salary
and benefits as well as a skill to its workers and offering quality products to the market; and
Whereas: Locally, Western New York residents rely heavily on the Automotive Industry. Most families have ties to the
local Chevrolet and Ford Plants and are raised in homes run by Automotive Employees, as their childhood homes were
as well; and
Whereas: Local automotive families are often loyal to "home grown" products and have come to expect and rely on a
level of quality provided by U.S. made products;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby oppose DiamlerChrysler's interest in teaming with Chinese
automaker Chery Motor Co. to provide a vehicle for sale in the United States that is manufactured in a plant providing
substandard working conditions and salaries and benefits below any adequate cost of living rate; and
Now, Therefore, Be It Further Resolved:
The this Honorable Body does hereby request that certified copies of this resolution be forwarded to the WNY
Delegation, the New York State Governor, the New York House Members, local Automotive Unions and the National
League of Cities.
ADOPTED
NO. 167
BY: MR. FONTANA & MR. LOCURTO
ORDINANCE AMENDMENT CHAPTER 137, CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 137 of the Code of the City of Buffalo be amended to read as follows:
§ 137 -7. Schedule of fines and penalties.
The schedule of fines and penalties shall be as follows:
Initial Additional Maximum
Type of Violation Fine Penalty Penalty
Fine Class E $105.00 $105.00 105.00
Acting as Property
Manager without
Property Manager
License. §265 -3, 265 -11.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new,
matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT,
PERMITS AND INSPECTIONS
NO. 158
BY: MR. FONTANA & MR. LOCURTO
ORDINANCE AMENDMENT CHAPTER 175, FEES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be amended to read as follows:
§ 175 -1. Enumeration of fees.
The following schedule of fees is hereby established with respect to licenses, permits and activities required or
regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance
of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for
each type of license or permit. The business, activity or operation for which the license or permit is required shall be
subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by
the Common Council from time to time.
Code Chapter
Section, Type of Application, Fee
Permit or License
Chapter 265, Property Managers
§ 265 -3, license required. § 265 -12, Fees
Property Manager License $30.00 annually
APPROVED AS TO FORM
Corporation /Counsel
NOTE: Matter underlined is new,
matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC
DEVELOPMENT, PERMITS AND INSPECTIONS
NO. 159
BY MR. FONTANA & MR. LOCURTO
ORDINANCE AMENDMENT CHAPTER 265, PROPERTY MANAGERS
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 265 of the Code of the City of Buffalo be amended to read as follows:
Chapter 265, Property Managers
§ 265 -1. Legislative Findings and Intent.
The Common Council of the City of Buffalo hereby finds and declares that the management and rental of residential
properties constitutes a business which impacts upon the public health, safety and general welfare of the people of the
City of Buffalo. The intent of this chapter is to regulate the management of residential rental properties to protect the
public health, safety and general welfare of the people of the City of Buffalo.
265 -2. Definitions.
"PROPERTY MANAGER" an individual or entity who engages in the property management of more than three (3)
residential properties in the City of Buffalo for a fee or salary. A residential property occupied by its owner shall not be
included in any calculation to determine property manager status. Real Estate Brokers and Real Estate Salespersons
as licensed and defined pursuant to Article 12 -A of the Real Property Law shall not be considered property managers
for the purposes of this chapter.
"PROPERTY MANAGEMENT" the engaging on behalf of an owner of residential property of those activities commonly
associated with the operation and rental of more than three U residential properties including but not limited to: the
advertising or soliciting of apartments or rental units for rent: tenant review and screening: the collecting and /or
oversight of rental profits: and /or the conducting of and /or arranging for general repairs and maintenance of residential
properties in the City of Buffalo.
§ 265 -3. License Required.
No person or entity shall act as a property manager or engage in property management activities within the meanings
of this chapter without first obtaining a license from the Commissioner of Economic Development, Permits and
Inspections Services.
§ 265 -4. Applications; filing of required information.
A. Every applicant for a license issued pursuant to this chapter shall submit the following
1. The name, address, and telephone number of the individual or entity applying for the license;
2. A description of all properties proposed to be managed by the applicant including the street addresses, owners, and
number of units.
3. Proof of insurance in amounts satisfactory to the Department of Economic Development, Permits and Inspections
Services if deemed necessary by the Commissioner.
4. Other reasonable information as required by the Department of Economic Development, Permits and Inspections
Services.
B. Such information shall be filed and updated annually with the Department of Economic Development, Permits and
Inspections Services.
§ 265 -5. Referral of license application.
A. All applications for licenses and renewals thereof shall be referred by the Commissioner of Economic Development,
Permits and Inspections Services to the Buffalo Police Department for approval. Upon receipt of said referral, the
Buffalo Police Department shall promptly cause an investigation to be made into the criminal background and moral
character of the applicant and shall promptly report to the Commissioner of Economic Development, Permits and
Inspections Services as to whether or not approval and issuance of the license is recommended. If approval is not
recommended, such report shall state the reasons therefore.
B. All new applications for a Property Manager License shall be referred to the Common Council for approval.
265 -6. Conditions.
The City of Buffalo may impose reasonable conditions upon any license issued pursuant to this chapter.
§ 265 -7. Expiration.
All licenses issued pursuant to this chapter shall expire on the thirty -first (31) day of December after issuance. Each
applicant for re- issuance or renewal shall be required to submit a new application in accordance with the requirements
set forth in this chapter.
§ 265 -8. Inspections.
The City of Buffalo, its departments, and agents may inspect any property managed by a licensee at any reasonable
hour.
265 -9. Revocation of license.
A license issued pursuant to this chapter may be revoked, or renewal thereof refused for cause by the Commissioner of
Economic Development, Permits and Inspections Services after notice and hearing. Any violation of or failure to comply
with any of the laws or ordinances applicable to the management of residential properties shall be cause for revocation
or non - renewal. The Commissioner may consider such factors, including, but not limited to, the property manager's
conduct during the license period including relevant criminal or housing court dispositions, the nature and disposition of
any notices of violation from the Bureau of Administrative Adjudication issued for conduct at
the property; and the nature and frequency of complaints about the property generated from, among other sources,
Police Department incident reports, 911 calls, property inspection reports and other verifiable information reported to
the
City_.
§ 265 -10. Transferability,
Licenses issued hereunder are not transferable.
265 -11. Violations.
Any individual or entity engaging activity in violation of this chapter shall be subjected to the penalties provided in § 1-
15 and Chapter 13 7 of the City of Buffalo Charter and Code.
265 -12. Fees.
The fees for licenses issued pursuant to this chapter shall be as provided in Chapter 175, Fees.
§ 265 -13. Exemption.
Any individual or entity possessing proof of a valid "real estate broker" license or "real estate salesperson" license as
issued by the New York State Department of State pursuant to Article 12 -A of the Real Property Law shall be exempt
from enforcement of all provisions within this chapter.
APPROVED AS TO FORM Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC
DEVELOPMENT, PERMITS AND INSPECTIONS
NO. 160
SPONSOR: MR. FRANCZYK
SUPPORT FOR HOSTING THE 2011 NATIONAL TRUST FOR HISTORIC PRESERVATION CONFERENCE IN
BUFFALO
Whereas: The National Trust For Historic Preservation is a private, nonprofit organization consisting of 270,000
members in all 50 states, dedicated to saving historic places and revitalizing communities; and
Whereas: A group of volunteers named Buffalo Niagara Heritage Partners in conjunction with the Buffalo Convention
and Visitors' Bureau has worked diligently on a bid to host the September 2011 National Trust for Historic Preservation
conference in Buffalo; and
Whereas: Attendance for the five -day conference is projected at 2,500 -3,000 people, with an economic impact of $2 to
$3 million for the Buffalo economy; and
Whereas: One of the bid requirements is that conference host provides a commitment of $350,000 for conference
expenses. This amount is fully committed from the Baird Foundation, Oishei Foundation and the Wendt Foundation;
and
Whereas: The City of Buffalo is competing for the ability to host this great conference with cities such as
Philadelphia, Boston and Hartford among others; and
Whereas: Beyond the economic impact, the conference will allow the City of Buffalo to showcase our architecture
and cultural institutions to a group of individuals who will be able to spread the word about our great City for years to
come; and
Whereas: The members of the National Trust for Historic Preservation are encouraged to view the incredible web site
created by volunteer Mark D. Donnelly, Ph.D. at www.niagaraculturaltourism.com, which displays our tremendous
architectural and cultural assets with wonderful photographs and descriptions; and
Whereas: The web site created by Mr. Donnelly out of his love and appreciation for our community is a testament to
the type of community we have and the passion we have for our architecture; and
Whereas: Our significant architecture and community passion is something that the National Trust for Historic
Preservation needs to see and experience first hand!
Now Therefore Be It Resolved
That the Buffalo Common wholeheartedly supports the efforts of Buffalo Niagara Heritage Partners and the Buffalo
Convention and Visitors' Bureau to bring the 2011 National Trust for Historic Preservation Conference to Buffalo.
Be It Finally Resolved
That the Buffalo Common Council encourages the National Trust for Historic Preservation to come to Buffalo in 2011 to
see and experience our great architectural and cultural assets.
ADOPTED
NO. 161
BY: MR. FRANCZYK
GRANT PERMISSION TO THE VALLEY COMMUNITY ASSOCIATION TO HANG FLAGS ALONG
OLD NEIGHBORHOOD SAINT PATRICK'S DAY PARADE ROUTE
Whereas: The Valley Community Association will be sponsoring the Old Neighborhood Saint Patrick's Day Parade on
March 17, 2007; and
Whereas: The parade will be held along South Park Avenue, Smith, Elk, Hamburg Streets, O'Connell Avenue and
ending at the Father Conway Park on Louisiana Street; and
Whereas: In order to promote this Saint Patrick's Day Parade, the Valley Community Association is seeking permission
to hang flags along South Park Avenue, Smith, Elk, Hamburg Streets, and O'Counell Avenue from March 12, 2007
through March 26, 2007; and
Whereas: The Valley Community Association is familiar with the flag and banner requirements and has purchased the
necessary insurance so that the flags may be hung;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants permission to the Valley Community Association to hang flags
along the aforementioned parade route to increase awareness and to promote this parade; and
Be It Further Resolved:
That the Valley Community Association will hang flags along South Park Avenue, Smith, Elk, Hamburg Streets, and
O'Connell Avenue from March 12, 2007 through March 26, 2007; and
Be It Finally Resolved:
That said flags must meet all the requirements of pertinent city departments and that no existing laws are violated.
PASSED
AYES - 9 NOES -0
NO. 162
SPONSOR: MR. GOLOMBEK
SMALL BUSINESS ENTREPRENEURS ARE THE KEY TO CREATING A UNIQUE VIBRANT WATERFRONT
Whereas: Spending millions of tax dollars to entice a Big -box mega businesses such as Bass Pro is not the way to
build an authentic, interesting an exciting downtown waterfront; and
Whereas: The pending demolition of the Donovan Building and the possible demolition of the Auditorium or the re-
use of the Auditorium presents a blank canvas for unlimited possibilities, including the creation of a unique development
masterpiece; and
Whereas: Imagine putting the $66 million tax payer grant to Bass Pro to work in assisting small entrepreneurial
businesses along and feeding into our historic Erie Canal; and
Whereas: Let's not forget that it was the State that wanted to cover up our authentic historic Erie Canal signifying the
birth of our community and instead create a fake canal. Fortunately public opposition stopped this mistake from
occurring; and
Whereas: Just as creating a fake canal made no sense, placing a big box mega store pretending to be an authentic
waterfront experience at the cost of millions in tax payer funding does not make sense either; and
Whereas: Our downtown and waterfront history is the soul of our community. We need to create public gathering
places that attract and inspire us; and
Whereas: We need a creative mixture of destinations that successfully connect and create a unique downtown
waterfront experience; and
Whereas: small businesses are the driving engine of our New World economy. 80% of businesses in New York State
employ 10 people or less. Instead of throwing millions at a mega box chain, why not utilize these funds to solicit
proposals from a variety of businesses; and
Whereas: Grant proposals would allow State economic development planners to fit the creative responses received
from small businesses into a unique viable plan; and
Whereas: Buffalo can do better than a Bass Pro, let's use the State dollars available to attract creative entrepreneurs
and make a unique downtown waterfront; and
Now Therefore Be It Resolved
That the Common Council supports utilizing the significant tax dollars being provided for Bass Pro to requests
proposals from businesses in an effort to create a unique creative mix of development downtown and along our historic
Erie Canal.
Be It Further Resolved
That upon adoption of this Resolution that certified copies be sent to the Governor of New York State, The Empire
State Development Corporation, the WNY State Legislative Delegation, and the Mayor of Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH — 8
NOES — DAVIS - 1
NO. 163
SPONSOR: MR. GOLOMBEK
SUPPORTING BUFFALO'S SMALL BUSINESSES IN THE FILM INDUSTRY
Whereas: Buffalo possess many creative film related businesses that have the potential to develop and grow; and
Whereas: In 2002, Erie County established the Buffalo Niagara Film Commission as a way to market the region to
filmmakers; and
Whereas: In 2005, the Erie County Legislature eliminated funding for the Film Commission, which was re- established
in 2006 with $150,000 as an office of the Buffalo Niagara Convention and Visitors Bureau; and
Whereas: The efforts of the Film Commission have helped to generate $2.1 million in economic activity through 60
projects in 2006, for a return on investment of about 14 -to -1; and
Whereas: Recently a panel of industry experts held a forum in Buffalo sponsored by Cornell University's Industrial
and Labor Relations School, at the forum Patricia Kaufman, executive director of the Governor's Office for Motion
Picture and Television Development stated "The film industry is one of the best economic engines around and the
potential for it beyond downstate is very real "; and
Whereas: The economic engine nationally and locally is small businesses, 80% of businesses in New York State are
small businesses, which have ten employees or less; and
Whereas: The film industry in Buffalo consists of many small businesses where a niche can be strengthened and
developed further as a regional economic development tool; and
Whereas: The Buffalo Niagara Film Commission deserves additional support from the City of Buffalo so that it can be
even more effective in bringing film work to our area; and
Whereas: The development of a local film arts incubator center in conjunction with an area college or university
would be an excellent way to join our educational institutions as partners with film businesses in a fashion which can be
beneficial to both; and
Now Therefore Be It Resolved
That the Buffalo Common Council supports the efforts of the Buffalo Niagara Film Commission, which has been
successful in impacting our local economy by bringing film projects to our region.
Be It Further Resolved
That a copy of this resolution be referred to the Buffalo Niagara Film Commission, with the request that the Film
Commission submit written comments as to how the City of Buffalo can support and assist the efforts of the Film
Commission and that the Film Commission comment on the idea of creating a film arts incubator center along with any
suggestions as to how such a center can be established.
Be It Further Resolved
That a copy of this resolution be sent to Erie County Executive Joel Giambra, Lynn Marinelli, Chair of the Erie County
Legislature, Buffalo Mayor Byron Brown, Richard Tobe Commissioner of Economic Development Permits and
Inspections, Timothy Wanamaker, President of the Buffalo Economic Renaissance Corporation and area film
businesses for their comments on the idea of creating a film incubator.
Be It Finally Resolved
That this resolution is referred to an appropriate Committee of the Council for further discussion and consideration of
the requested comments.
ADOPT 1 sT 2ND AND 3 RESOLVES 4 RESOLVE REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 164
BY: MR. GOLOMBEK
SUPPORT FOR THE CRIME VICTIM ASSISTANCE & ADVOCACY PROGRAM
Whereas: The Crime Victim Assistance & Advocacy Program provides comprehensive services to innocent individuals
who have been victimized; and
Whereas: Services provided through Crime Victim Services include assisting the victim with various expenses incurred
as it relates to the crime such as court assistance, counseling, advocacy, moral support and much needed referrals to
countless community resources and in extreme cases, these funds can be used for funeral expenses for victims of
homicide; and
Whereas: In 1984 the Reagan administration instituted the program entitled "VOCA" (Victims of Crime Act); which calls
for convicted criminals in the Federal Courts to pay into a court cost fund which would hold these criminals accountable
to pay for the system that they created; and
Whereas: These funds are not taxpayer dollars or federal government dollars and the sole purpose of the VOCA
program was established to assist innocent crime victims throughout the United States with this very crucial and much
needed service; and
Whereas: The Crime Victim's Assistance program has already suffered budget cuts in the past and for the past three
years has been threatened by the Bush Administration which seeks to eliminate the Crime Victim Assistance and
Advocacy program; and
Whereas: Eliminating the Victim Assistance program would not only be detrimental to innocent victims everywhere but
it would dismiss offender accountability; and
Whereas: It is imperative that the Crime Victim's Program continue to be funded and it is the duty of our City to ban
together and save this much needed funding resource and the programming it offers to innocent victims of crime.
Now Therefore Be It Resolved:
That the Buffalo Common Council is opposed to any reduction in funding or elimination of the Crime Victim Assistance
and Advocacy Program or any of its affiliate agencies; and
Be It Further Resolved:
That a certified copy of this resolution be forwarded by the City Clerk, to United States Senators Charles E. Schumer
and Hillary Rodham Clinton as well as Congress Members, Thomas M. Reynolds, Brian M. Higgins and Louise M.
Slaughter.
ADOPTED
NO. 166
BY MR. KEARNS, MR. FRANCZYK & MR. FONTANA
REQUESTING THAT THE POLICE COMMISSIONER BRIEF THE COMMON COUNCIL ON WHAT MEASURES ARE
BEING TAKEN TO ENSURE THAT LAW ENFORCEMENT CAPABILITIES WILL NOT BE COMPROMISED IF A
LARGE NUMBER OF OFFICERS CALL IN SICK OVER ST. PATRICK'S DAY WEEKEND
Whereas: From Thursday, March 15, 2007 through Sunday, March 18, 2007, the City of Buffalo will be hosting a series
of high - profile events including the First and Second Rounds of the 2007 NCAA Division 1 Men's National Collegiate
Basketball Tournament, the Old Neighborhood St. Patrick's Day Parade and the City of Buffalo St. Patrick's Day
Parade; and
Whereas: Based upon reported attendance for previous years, individually and collectively, it is expected that
thousands of people will be in Downtown Buffalo over St. Patrick's Day weekend to attend these events; and
Whereas: The City of Buffalo Police Department is responsible for ensuring order and safety at public events held in
the City of Buffalo. The large number of people expected to visit Downtown Buffalo over St. Patrick's Day weekend to
attend various public events will require the Police Department to increase the number of on -duty police officers
scheduled to work; and
Whereas: Police Officers scheduled for duty over St. Patrick's day weekend are likely to have increased
responsibilities related to directing traffic and maintaining crowd control; and
Whereas: As reported in the Buffalo News on March 2 nd, 2007, rumors have been circulating that a "Blue Flu" might
strike the Buffalo Police Department over St. Patrick's Day weekend, whereby a large number of police officers would
simultaneously call in sick on the same day(s); and
Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo requests that the Commissioner of
the Buffalo Police Department identify and provide a detailed plan for dealing with the possibility of a "Blue flu"
occurring over St. Patrick's Day weekend; and
Now, Therefore, Be it Further Resolved That: The Commissioner address this issue at an appropriate Committee
Meeting or Special Meeting of the Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE
NO. 166
SPONSOR: MICHAEL J. LOCURTO
GRANT PERMISSION TO THE "JOG FOR JAKE" TO HANG A BANNER WITHIN THE CITY OF
BUFFALO.
Whereas: Dr. Lawrence D. Jacobs was a world- renowned Multiple Sclerosis physician and researcher from Buffalo,
New York; and
Whereas: In honor of his life and contributions in attempting to find a cure for Multiple Sclerosis an annual five
kilometer run is held on Father's Day beginning in 2001; and
Whereas: The run known as the "Jog for the Jake" was founded to celebrate Dr. Jacob's life through a special
fitness - oriented event designed for the whole family and raise funds to support cutting edge research at the Jacobs
Neurological Institute; and
Whereas: "Jog for the Jake" has brought together 4,000 runners and walkers to celebrate the life of the late Dr.
Lawrence D. Jacobs and has raised over $500,000; and
Whereas: Representatives from "Jog for the Jake" have requested permission to hang a banner from May 1, 2007,
until June 26, 2007 for the Sixth Annual run on poles at or about 63 Parkside Avenue across Parkside or on the same
poles that the banner was hung last year; and
Whereas: The "Jog for the Jake" representatives are familiar with the banner requirements and will install the banners;
and
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo does hereby grant permission to the representatives from "Jog for the
Jake" to hang a banner from May 1, 2007, until June 26, 2007 for the Sixth Annual run on poles at or about 63 Parkside
Avenue or on the same poles that the banner was hung across Parkside last year and subject to the conditions set forth
by the Department of Public Works, Parks, & Streets.
PASSED
AYES - 9 NOES -0
NO. 167
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
20 - DEPARTMENT OF POLICE 1123 - BUILDING MAINTENANCE
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 20 - Department of Police, 1123 -
Building Maintenance, which currently reads:
10 Laborer 1 $ 22,383 - $ 25,432
Is hereby amended to read:
1 Laborer 11 $ 24,430 - $ 27,833
9 Laborer 1 $ 22,383 - $ 25,432
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing
ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has
approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title
for the proposed position
H. MCCARTHY- GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, DIRECTOR OF
ADMINISTRATION AND FINANCE, 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.
APPROVED AS TO FORM
Corporation Counsel 02/05/2007 Attachment
PASSED
AYES - 9 NOES -0
NO. 168
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
20 - DEPARTMENT OF POLICE
1103 - PATROL SERVICES
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 20 - Department of Police, 1103 -
Patrol Services, which currently reads:
33 Report Technician $ 27,215 - $ 30,213
1 Clerk $ 25,162- $ 27,847
Is hereby amended to read:
34 Report Technician 0 Clerk $ 27,215 - $ 30,213 $ 25,162- $ 27,847
IT IS HEREBY CERT /FIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing
ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has
approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title
for the proposed position
H. MCCARTHY- GIPSON, COMMISSIONER OF POLICEAND DONNA J. ESTRICH, DIRECTOR OF
ADMINISTRATION AND FINANCE, 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.
APPROVED AS TO FORM
Corporation Counsel 01/09/2007
PASSED
AYES - 9 NOES -0
NO. 169
BY: MS. RUSSELL
RE: ORDINANCE AMENDMENT CHAPTER 159, DENTISTRY
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 159 of the Code of the City of Buffalo be amended to read as follows:
Chapter 159, Dentistry
159 -1. Legislative Findings and Intent.
The Common Council of the City of Buffalo hereby finds that the unlawful and unauthorized practice of dentistry,
including the fabrication and application of dental prostheses including "grills," poses a significant risk to the public
health, safety, and welfare.
159 -2. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings.
"PRACTICE OF DENTISTRY" - the practice of the profession of dentistry as diagnosing, treating, operating, or
prescribing for any disease, pain, injury, deformity, or physical condition of the oral and maxillofacial area related to
restoring and maintaining dental health. The practice of dentistry includes the prescribing and fabrication of dental
prostheses and appliances. The practice of dentistry may include performing physical evaluations in conjunction with
the provision of dental treatment.
"ESTABLISHMENT"- shall mean an office, shop, store, or place conducting business in the City of Buffalo.
159 -3. Prohibited Conduct.
A. Only a person licensed or otherwise authorized to practice under Article 133
of the Education Law shall practice dentistry in the City of Buffalo.
B. No establishment in the City of Buffalo shall allow a person who is unlicensed or unauthorized under Article 133 of
the Education Law to engage in the practice of dentistry,
159 -4. Penalties.
Any individual, entity, or establishment found in violation of any provision of this chapter shall be reported to the New
York State Board for Dentistry and may be deemed in violation of the Code of the City of Buffalo, and may be subjected
to those penalties as provided in § 1 -15 of the Charter and Code of the City of Buffalo.
APPROVED AS TO FORM
Corporation Counsel t
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC
DEVELOPMENT, PERMITS AND INSPECTIONS
NO. 170
SPONSOR: MRS. RUSSELL
SUPPORT FOR RE- INSTATING THE ERIE COUNTY COMMUNITY PROSECUTION UNIT
Whereas: Due to Erie County budget cuts the Community Prosecution Unit (CPU) in the Erie County District
Attorney's Office was eliminated; and
Whereas: The CPU, which focused on quality of life crimes committed by repeat offenders was an excellent tool for
addressing minor crimes that have major effects on neighborhoods; and
Whereas: The CPU provided a single point of contact and a connection with the District Attorney's office for police
officers, block clubs, Good Neighbor Planning Alliances, business organizations and elected officials; and
Whereas: The Assistant District Attorneys assigned to the CPU were an invaluable resource that helped to empower
individuals and neighborhoods by building a relationship with community leaders; and
Whereas: Buffalo Place Inc. and the Crime Prevention Association of Western New
York have written letters to Governor Eliot Spitzer requesting state assistance in obtaining funding to re- instate the
Community Prosecution Unit in Erie County;
Now Therefore Be It Resolved
That the Buffalo Common Council hereby joins Buffalo Place, Inc. and the Crime Prevention Association of Western
New York in requesting state assistance to provide funding for reinstating the Community Prosecution Unit in Erie
County.
Be It Finally Resolved
That copies of this Resolution be forwarded to the Eliot Spitzer Governor of New York State, Andrew Cuomo New York
State Attorney General, Denise O'Donnell, Commissioner NYS Division of Criminal Justice Services, Frank Clark, Erie
County District Attorney, the Erie County Legislature, the WNY State Legislative Delegation, Buffalo Place Inc., the
Crime Prevention Association of Western New York, the Good Neighbor Planning Alliances and the Buffalo Board of
Block Clubs.
ADOPTED
NO. 171
BY: MRS. RUSSELL
UNIVERSITY HEIGHTS QUALITY OF LIFE INITIATIVE
Whereas: The University Heights area of the City of Buffalo is home to the University of New York at Buffalo -South
campus location and is also home to many of the school's graduate and undergraduate students who choose to live off -
campus; and
Whereas: The University Heights area also is home to many residents who live in their privately owned homes along
side the same homes and apartments of the students; and
Whereas: The neighborhoods surrounding the campus desire to continue the highest quality of life for all residents;
however, on numerous occasions this has been compromised by student parties which can be accompanied by
violations of a number of City Code and Ordinances violations including, but not limited to: unreasonable noise, carrying
or drinking alcohol in public, underage drinking, providing alcohol to a minor, public urination, and littering; and
Whereas: With the warm weather months approaching and with it, the anticipated increase of student parties, this
Common Council seeks to initiate a Quality of Life Task Force within the Police Department, specifically E District which
polices the University Heights area, to enforce any and all City Code and Ordinances violations that may be committed
when and where student parties are held; and
Whereas: The University of Buffalo has adopted and enforces their "Student Conduct Rules, University Standards, and
Administrative Regulations," more commonly known as "LIB Rules and Regulations," which states that "students who
violate a local ordinance, or any law, risk the legal penalties prescribed by civil authorities" and while "the University
cannot be held responsible for off - campus activities of its individual students, [it] maintains an interest in all behavior,
whether on or off - campus, which may adversely affect the University;" and
Whereas: The Common Council requests that a designee of this Quality of Life Task Force communicate with the
University of Buffalo's Office of Judicial Affairs any and all City Code and Ordinances violations committed by the
school's students in the course of hosting or attending a student party, and that at the discretion of the Director of
Judicial Affairs, shall determine if the illegal conduct off - campus shall be prosecuted on campus as a violation of the
Student Conduct Code.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby requests the Mayor and Police Department to review this
resolution and comment regarding the feasibility of initiating a Quality of Life Task Force in the University Heights area
and the procedure necessary for its accomplishment; and
Therefore, Be It Further Resolved:
That a certified copy of this resolution be sent to the Vice President of Student Affairs at the University of Buffalo for
review and comment; and
Therefore, Be It Finally Resolved:
That this item be referred to the appropriate committee for further action. Bonnie E. Russell
ADOPT 1 ST AND 2 "D RESOLVE THE 3 RD RESOLVE REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 172
BY MR SMITH
IN OPPOSITION TO PRESIDENT BUSH'S 2007 FEDERAL BUDGET
Whereas The $2.9 trillion dollar budget for fiscal year 2008 submitted by President Bush would balance the budget by
2012, and continue to cut taxes, by eliminating or severely reducing billions of dollars in spending for programs critical
to the nation's cities, and
Whereas Funding for the Community Development Block Grant (CDBG) program, transit programs, Amtrak, first
responders, emergency management training and the Community Oriented Policing Services (COPS) programs would
be reduced or eliminated in the proposed 2007 federal budget; and
Whereas Cities are obligated to provide critical public safety, housing, community development and environmental
protections to their residents and businesses, the President's budget does not recognize the importance of the federal
funding allocated to these programs; and
Whereas The Administration's budget significantly reduces federal funds for critically important CDBG program - one of
the most flexible and successful programs used by cities large and small - to improve their communities. The proposal
to cut funding for major public safety programs, given the rise in violent crime across the country is a cause for alarm
nationwide! The Heating and Energy Assistance Program would be funded at $1.8 billion, a nearly $400 million cut that
would have a crippling effect on residents in the City of Buffalo, who depend on HEAP to offset the high energy bills of
our area; and
Whereas The President's proposed Budget would devastate our local economy, leaving school children, the elderly and
community based organizations with no place to turn too, as both the City of Buffalo and Erie County have suffered
tremendous financial hardship in the delivery of services to the under privileged;
Now, Therefore, Be It Resolved That: The Buffalo Common Council does hereby go on record in strong opposition to
President Bush's 2007 Budget that would cut countless programs in the City of Buffalo and other urban areas, and
This Common Council urges the members of the Western New York federal delagation reject the proposed 2007
Federal Budget; and
Be It Further Resolved That: The City Clerk is directed to send certified copies of this resolution to President Bush,
United States Senators Charles Schumer, Hilary Rodman - Clinton, United States members of Congress Louise
Slaughter, Thomas Reynolds and Brian Higgjns -for their
review and comments.
ADOPTED
NO. 173
BY MR. SMITH AND MR DAVIS
SUPPORT FOR EXPANDING THE DOWNTOWN ERIE COMMUNITY COLLEGE (ECC) CAMPUS
Whereas Erie Community College Campus occupies two blocks of Downtown Buffalo, and would like to expand its site
to create a world class community college; and
Whereas The over all expansion of Erie Community College campus in downtown Buffalo under ECC's Master Plan,
would bring new academic buildings and more students and professors into the city, as courses for criminal justice,
health sciences, hospitality and public safety would move from two suburban campuses, as well as the College's
administrative offices; and
Whereas In a recent agreement between the Erie County Executive and college representatives, ECC will construct a
new academic building and a parking ramp near its downtown City Campus at an estimated $45 million cost; and
Whereas This undertaking by Erie County and Erie Community College would revitalize the eastern shoulder of
downtown Buffalo and would enhance the need for new businesses along Main Street; and
Now, Therefore, Be It Resolved That: the Buffalo Common Council fully supports the Erie County Executive and the
Board of Trustees of ECC expansion plans for Erie Community College City Campus in downtown, and believes it
would be beneficial for the revitalization of the City of Buffalo's downtown business corridor, and
Be It Further Resolved That: This Council urges the Erie County Legislature too fully support the funding of Erie
Community College's expansion plans for its City Campus in downtown Buffalo; and
Be It Finally Resolved That: upon adoption of this resolution by the Common Council the City Clerk is directed to
forward certified copies to Erie County Executive Joel Giambra,
Erie County Legislature Chairwoman Lynn Marinelli and to ECC Board of Trustee's Chairman Raymond Gallagher for
their comments.
1 ST AND 2 "D RESOLVE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE 3 RD RESOLVE
ADOPTED
NO. 174
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City
Clerk:
Gina Antonio Thomas Weisbeck David Pfaff Ronald Brown
Total 4
ADOPTED
NO. 176
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 13, 2007 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, March 13, 2007 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, March 13, 2007 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, March 13, 2007 at 2:00 o'clock P.M.
Committee on Claims Wednesday, March 14, 2007 at 9:30 o'clock A.M. in 1417 City Hall.
Special Committees
Waterfront Development Wednesday, March 7, 2007 at 11:00 o'clock A.M. in the Council Chambers.
(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.
NO. 176
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mr. LoCurto the Council adjourned at 3:30 pm.
GERALD CHWALINSKI
CITY CLERK