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HomeMy WebLinkAbout08-0219PP (2)No. 4 PROCEEDINGS OF THE CITY OF BUFFALO February 19, 2008 POLICE AND FIRE PENSION FEBRUARY 14, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members INVOCATION PLEDGE TO FLAG MAYOR FINAL DATE February 19, 2008 1. Veto ccp# 85, 2/5/2008 -Rest Dance Class III -777 Main St(Ell) R &F 2. Recommendation -Exec Dir Comm on Citizens Rights (Garcia) LEG,COLL MAYOR - EXECUTIVE R &F 3. Strat Plan- Request to App East Buffalo Neigh Plan-Part of COB'S Comp Plan R &F 4. Strat Plan Results Neg- Abandonment -Sale 334 West Utica to BERC(Mas) APP 5. SEQR - Negative Decl -East Buffalo GNPA Neighborhood Plan ADOPT COMPTROLLER LEG 6. Cert of Nec- Transfer in Funds Capital Projects (PW) R &F COUNCIL PRESIDENT LEG 7- 6A. East Bflo Good Neighbor's Planning Alliance Neighborhood Plan APP PUBLIC WORKS 8- 7. Notif Serials- 10205 -10206 (Fill) Waive 45 Days R &F 9- 8. Block Battaglia Garbage Scheme Part 11 LEG 10- 9. Buffalo & EC Botanical Gardens Soc Inc -Req Easement APP Portions of South Park (South) CD 11- 10. Capital Outlay Vehicle Purchase APP 12- 11. Perm Enter into Agmt -for the Bflo Niagara Medical Campus (Ell) FIN 13- 12. Perm Enter into Agmts- for Design of 700 Block Main St (Ell) FIN 14- 13. Report of Bids - Engine 21- Roof Reconst APP 15- 14. Report of Bids - Streetlight Standard Repair FIN PCT .TC'.F. R &F 16- 15. Drug Asset Forfeiture Wire Transfers_ 17- 16. Appt Police Captain (Cont Perm)(Blake) CORPORATION COUNSEL FIN APP 18- 16A Contract for Implementation of Office -Wide Agenda, Case Mngt and Contract Mngt Sys APP PERMITS AND INSPECTIONS 19- 17. B. Schifeling - Intentions for 1042 Ellicott St (Ell) R &F 20- 18. Food Store License -1021 Ferry East (Fill) LEG 21- 19. Restaurant Dance License Renewal -52 Chippewa West (Ell) LEG 22- 20. Restaurant Dance License Renewal -199 Delaware (Ell) LEG 23- 21. Restaurant Dance Class III -600 East North (Ell) LEG 24- 22. Restaurant Dance License Renewal -2 Templeton (Fill) APP 25- 23. Sidewalk Cafe License -79 Chippewa West (Ell) LEG 26- 24. Sidewalk Cafe License 3112 Main (Univ) LEG ADMINISTRATION AND FINANCE 27- 25. 2nd Quarter Gap 2007 -2008 BUDGE 28- 26. Purchase of Equipment FIN 29- 27. Request App -Pay Difference in Pay David Lawler(Inv & Stores) APP COMMUNITY SERVICES 30- 28. Year 33 Comm Dev Quarterly Reports( May 1, 2007 to July 31, 2007) CD 31- 29. Year 33 Comm Dev Quarterly Reports(August 1, 2007 to Oct 31, 2007) CD BOARD OF EDUCATION 32- 30. D. Thomas - Support- Hanging Banners for Be A Sport Program in Local Parks LEG CITY CLERK 33- 31. Mayor reported out of state R &F 34- 32. Liquor License Applications R &F 35- 33. Leaves of Absence R &F 36- 34. Notices of Appointments - Council Interns ADOPT 37- 35. Notices of Appointments- Mayors Program R &F 38- 36. Notices of Appointment - Seasonal R &F 39- 37. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 40- 38. E. Baker -Res Naming the New Courthouse, Lt Colonel Matt Urban Courthouse R &F 41- 39. J. Booth- Bicycle Pedestrian Advisory Board- Complete Streets Policy LEG 42- 40. L.P. Ciminelli -Board Packet Documents February 2008 R &F 43- 41. J. Hornung- Response Returning Ice Skating to Hoyt Lake FIN 44- 42. C. Johnson- Concerns Demo of 41 Parkridge Ave(Univ) CD 45- 43. E. Kerney- Resign Bflo Board of Parking- 12/1/2007 R &F 46- 44. S. Meadows -FOIL Request COB Water Dept & American Anglian FIN 47 45. L Memon -Req Name Change Sweet Ave to Madinah Ave (Fill) LEG 48- 46. D. Rivera - Info Buffalo Police Exam LEG PETITIONS 49- 47. H. Sanders, Owner, Use 15 Horton, for A HSF (Del)(No Pub Hrg) LEG, CPBD RESOLUTIONS 91- 48. Davis HRM Req NYS Leg to Pass Bills to Amend Local Fin Law ADOPT 92- 49. Davis Reconsider ccp# 85, 2/5/08 ADOPT 93- 50. Davis,etc Support St Martin Village Project & Holy Family Senior Hsg Proj FIN 94- 50A Davis Modifying Time Restrictions for Previously Issued Sidewalk Cafe Permits APP 95- 51. Franczyk Appoint Legislative Assistant (Baj) ADOPT 96- 52. Franczyk Excuse Councilmember Davis From Meeting 2/19/2008 ADOPT 97- 52A Franczyk,etc Request to Approve East Buffalo GNPA Neighborhood Plan APP 98 52B Franczyk Ord Amend -Ch 263 Landfills, Transfer Stations & Grading LEG 99- 53. Kearns Bond Res - Bailey Ave Bridge Reconstruction FIN 100 -54. Kearns Bond Res - Bailey- Kensington Fire Station FIN 101 -55. Kearns Bond Res - Citywide Arterial Pavement Milling & Resurfacing FIN 102 -56. Kearns Bond Res - Citywide Parks Improvements FIN 103 -57. Kearns Bond Res - Citywide Infrastructure Repair/Replacement FIN 104 -58. Kearns Bond Res - Computers & Technology Various Schools FIN 105 -59. Kearns Bond Res - Demolition- Emergency Conditions FIN 106 -60. Kearns Bond Res - District Heat Distributions System Replacement FIN 107 -61. Kearns Bond Res - Emergency Bridge Repairs FIN 108 -62. Kearns Bond Res - Environmental Remediation Citywide FIN 109 -63. Kearns Bond Res -Fire Apparatus Acquisition FIN 110 -64. Kearns Bond Res - Humboldt Parkway Streetscape FIN 111 -65. Kearns Bond Res -Marcy Casino Restoration FIN 112 -66. Kearns Bond Res -New Boilers FIN 113 -67. Kearns Bond Res -Outer Harbor -Bridge E.1.S. FIN 114 -68. Kearns Bond Res - Planning Neighborhood Infrastructure FIN 115 -69. Kearns Bond Res - Reconstruction Various Schools FIN 116 -70. Kearns Bond Res - Streets Vehicles FIN 117 -70A Kearns Appt Leg Aide (Murphy) ADOPT 118 -70B Kearns Appt Asst Leg Aide (Weaver) ADOPT 119 -70C Kearns Reconsideration of Time Warner Cable's Policy Re Cost of Taping Parade FIN 120 -71. Kearns, etc Tobacco Point of Purchase Resolution ADOPT 121 -72. Kearns Transfer of Funds Capital Projects (PW) APP 122 -72A. LoCurto Appt Paul Crapsi- Bicycle/Pedestrain Advisory Board LEG, COLL 123 -73. Russell Budget and Personnel Amend Exec (Strat Plan) APP 124 -74. Smith Payment of Real Prop Taxes, Fees, Charges and Other Amts by Credit Card, Debit Card & Electronic Check APP 125 -75. Smith Comm of Deeds - Public Duties ADOPT 126 -76. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 50- 1. Com 19 Feb 5 Appt Truck Driver (Temp)(Max)(Norman)(PW) R &F 51- 2. Com 20 Feb 5 Appt Truck Driver (Temp)(Inter)(Buchnowski)(PW) APP 52- 3. Com 21 Feb 5 Appts Police Lieutenant (Perm)(Flat)(Rosenswie II)(Panus) Bflo & EC Library(Mayor) APP 73- 24. Com 28 (Kochersberger)(Piech)(Pol) APP 53- 4. Com 22 Feb 5 Appt Detective ( Perm) ( Mourgas)( Buyers)(Biggs)(Lapiana)(Pittorf) 74- 25. Com 29 Feb 5 ( Supples )(Wrest)(Sterlace)(Hall)(Po1) APP 54- 5. Com 23 Feb 5 Appts Police Lieutenant ( Perm)( Flat )(Giallella)(Kent)(Szyzkowski) 75- 26. Com 31 Feb 5 (Kopp) (Pol) APP 55- 6. Com 24 Feb 5 Appts Police Lieutenant (Cont Perm)(Blake)(O'Rourke)(Pol) 76- 27. No 50 Feb 5 R &F BLAKE APP O'ROURKE 56- 7. Com 25 Feb 5 Appt Detective (Cont Perm)(Flat)(Kiefer)(Pol) APP 57- 8. Com 26 Feb 5 Appt Police Lieutenant (Cont Perm) (Flat)(Morlock) (Pol) APP 58- 9. Com 37 Feb 5 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F 59- 10. Com 38 Feb 5 Notices of Appointments- Temp /Prov /Perm (Cty Clk) R &F 60- 11. Com 2 Jan 22 Appt Deputy Mayor (Exempt)(Brown) (Mayor) R &F 61- 12. Com 3 Jan 22 Appt Dir of Gov Research & Analysis (Exempt)(Savage III)(Mayor)R &F 62- 13. Com 5 Jan 22 Appt Coord of Anti - Graffiti & Clean City Prog (Prov)(Inter)(Mirti)(Cit Serv) APP FINANCE 63- 14. Com 13 Feb 5 Certificate of Exclusion of the State Comptroller (Compt) R &F 64- 15. No 45 Feb 5 M. Kearns - Disclosures for City Emp or Rel of City Employ Receiving Finan Assist for Roofing Repair or Replacement R &F 65- 16. Res 101 Feb 5 Budget and Personnel Amendment HR -Compt APP 66- 17. Com 10 Jan 22 Permission to Contract With the BERC- Jefferson Ave Incubator Project(Strat Plan) APP 67- 18. Com 11 Jan 22 Permission for the COB to Contract With BERC- Steelflelds Property Acquisition to Facilitate Brownfield Rehabilitation ( Strat Plan) APP 68- 19. Com 12 Jan 22 Request to Contract IRA G Ross Eye Institute(Strat Plan) APP 69- 20. Com 66 Dec 11 B. Davis -R. Sanders -Cease Water Service at 508 High St(Wtr Bd)R &F 70- 21. No 43 Nov 27 B. Davis -R. Sanders -Cease Water Service at 508 High Street R &F 71- 22. No 64 Oct 30 B. Davis - Request for Greater Refuge Temple Lot Acquisition ( 437,9/18) R &F LEGISLATION 72- 23. Com 3 Feb 5 Designation of Nominees for Appoint to the Bd of Trustees of the Bflo & EC Library(Mayor) APP 73- 24. Com 28 Feb 5 Food Store License 845 Jefferson(Ell)(EDPI) _RECOMMIT 74- 25. Com 29 Feb 5 Restaurant Dance License(Renewal) 2897 Bailey(Univ)(EDPI) RECOMMIT 75- 26. Com 31 Feb 5 Used Car Dealer 1905 Genesee(Lov)(EDPI) RECOMMIT 76- 27. No 50 Feb 5 T. Ciminelli, Agent, Use 1829 Main St. for a Ground Sign(Mas) (No Pub Hrg) APP 77- 28. Res 104 Feb 5 Payment of Real Prop Taxes, Fees, Charges and Other Amounts By CC & Elec Ck R &F 78- 29. No 31 Jan 22 Food Store License 2005 Genesee(Lov)(EDPI) RECOMMIT 79- 30. Com 15 Jan 8 Info Re RFP 181 Ellicott St. (Ell) R &F 80- 31. Com 38 Dec 11 Info Re RFP 181 Ellicott St (Ell)(CC) R &F 81- 32. No 48 Nov 27 M. Overdorf - Spring Repairs 825 & 827 South Park (Fill) R &F 82- 33. No 44 Nov 13 J. Collins, Agent, Use 572 Genesee St, Convert Apt to a CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 19, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 8 Absent — Davis - 1 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on February 5, 2008 were approved. FROM THE MAYOR NO. 1 VETO CCP# 85, 2/5 /2008 -REST DANCE CLASS III -777 MAIN ST Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Dear Mr. Chwalinski: Pursuant to §3 -19(d) of the City Charter, I hereby veto and return to you No. 85 C.C.P. February 5, 2008 "Restaurant Dancing Class III- 777 Main Street." In accordance with City Charter provisions, I have attached my veto message stating my objections to this item hereto. VETO MESSAGE REGARDING NO. 85 C.C.P. FEBRUARY 5, 2008 "RESTAURANT DANCE CLASS III -777 MAIN STREET" Pursuant to §3 -19(d) of the City Charter, I have vetoed No. 85 C.C.P. February 5, 2008, "Restaurant Dance Class III- 777 Main Street." This item, if approved, would have provided a Restaurant Dance Class III License to the Blue Mirage, located at 777 Main Street in the City of Buffalo. The Common Council approved this item with conditions on February 5, 2008. Subsequent to Your Honorable Body's vote, I have received reports of disorderly behavior at this establishment, including a very serious incident where a Buffalo Police Officer was assaulted responding to a call at an "unlicensed" event at the establishment. In addition, I have been further advised that this establishment has not operated in compliance with its existing licenses. I have attached a summary as reported by Commissioner of Economic Development, Permit and Inspection Services Richard Tobe and Supervisor of Licenses Patrick Sole, Jr. of the recent incidents including the relevant police reports for your review. Based on the forgoing, I object to the Blue Mirage obtaining a Restaurant Dance Class III license, and therefore veto No. 85 C.C.P. February 5, 2008. 1 veto this item in consultation and cooperation with the district councilmember who was also informed of these issues subsequent to the Common Council's action on February 5, 2008. RECEIVED AND FILED HSF (Ell)(No Pub Hrg) R &F 83- 34. Res 105 Sept 18 Inspector General Position Must Be Independent (Exec 2nd Res)(100,9 /4) RECOMMIT COMMUNITY DEVELOPMENT 84- 35. Com 8 Feb 5 2008 -2009 Annual Action Plan (StratPlan) R &F 85- 36. Com 10 Feb 5 Draft Res. For Support of Preserve America Comm. Designation(StratPlan) R &F 86- 37. Com 11 Feb 5 Results of Neg 433 SWan(Ell)(StratPlan) RECOMMIT 87- 38. Com 18 Feb 5 Water Intake Power Generator(PW) R &F 88- 39. No 46 Feb 5 M. Kearns - Article- Transportation to Improve Community Articles — WFRONT 89- 40. No 53 Feb 5 B. Nowak —King & O Create Green Jobs in EC R &F 90- 41. Res 89 Jan 22 Water Intake Power Generator ADOPT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 19, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 8 Absent — Davis - 1 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on February 5, 2008 were approved. FROM THE MAYOR NO. 1 VETO CCP# 85, 2/5 /2008 -REST DANCE CLASS III -777 MAIN ST Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Dear Mr. Chwalinski: Pursuant to §3 -19(d) of the City Charter, I hereby veto and return to you No. 85 C.C.P. February 5, 2008 "Restaurant Dancing Class III- 777 Main Street." In accordance with City Charter provisions, I have attached my veto message stating my objections to this item hereto. VETO MESSAGE REGARDING NO. 85 C.C.P. FEBRUARY 5, 2008 "RESTAURANT DANCE CLASS III -777 MAIN STREET" Pursuant to §3 -19(d) of the City Charter, I have vetoed No. 85 C.C.P. February 5, 2008, "Restaurant Dance Class III- 777 Main Street." This item, if approved, would have provided a Restaurant Dance Class III License to the Blue Mirage, located at 777 Main Street in the City of Buffalo. The Common Council approved this item with conditions on February 5, 2008. Subsequent to Your Honorable Body's vote, I have received reports of disorderly behavior at this establishment, including a very serious incident where a Buffalo Police Officer was assaulted responding to a call at an "unlicensed" event at the establishment. In addition, I have been further advised that this establishment has not operated in compliance with its existing licenses. I have attached a summary as reported by Commissioner of Economic Development, Permit and Inspection Services Richard Tobe and Supervisor of Licenses Patrick Sole, Jr. of the recent incidents including the relevant police reports for your review. Based on the forgoing, I object to the Blue Mirage obtaining a Restaurant Dance Class III license, and therefore veto No. 85 C.C.P. February 5, 2008. 1 veto this item in consultation and cooperation with the district councilmember who was also informed of these issues subsequent to the Common Council's action on February 5, 2008. RECEIVED AND FILED NO. 2 RECOMMENDATION FOR THE EXECUTIVE DIRECTOR OF THE COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS I hereby accept the recommendation from Mr. John Calvin Davis, Chairman of the Commission on Citizens' Rights and Community Relations to appoint Mr. Andres Garcia, 429 West Delavan Avenue, Buffalo, New York, 14213 to serve as the Executive Director of the Commission on Citizens' Rights and Community Relations. Mr. Garcia previously served as the Vice President for Community and Government Relations for Kaleida Health Systems. His resume is attached for your review. I hereby certify that Mr. Garcia is fully qualified to serve as the Executive Director of the Commission on Citizens' Rights and Community Relations. On behalf of the Commissioners of the Commission on Citizens Rights' and Community Relations, I am pleased to recommend that Mr. Andres Garcia be appointed to serve as Executive Director of the Commission. The Commission received and reviewed approximately forty -five applications for the position of Executive Director. In addition, the Commissioners met with and interviewed five candidates. At the conclusion of the process, the Commissioners were unanimous in the decision to recommend Mr. Garcia to you for appointment to this very important position. A copy of Mr. Garcia's resume is included with this letter for your review. Thank you for your continuing support of the Commission and its work on behalf of the citizens of Buffalo. If you have any questions or need additional information please let me know. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS FROM THE MAYOR EXECUTIVE FROM THE OFFICE OF STRATEGIC PLANNING NO. 3 REQUEST TO APPROVE THE EAST BUFFALO GNPA NEIGHBORHOOD PLAN AS PART OF THE CITY OF BUFFALO'S COMPREHENSIVE PLAN The Office of Strategic Planning is submitting the "East Buffalo Good Neighbors' Planning Alliance Neighborhood Plan: Preserving Our Heritage and Planning Our Future!" (East Buffalo GNPA Neighborhood Plan) for adoption as part of the City of Buffalo's Comprehensive Plan. Your Honorable Body adopted the Comprehensive Plan on February 6, 2006 to guide development, set policy and establish priority in the City of Buffalo. The Office of Strategic Planning has determined that the quality of the East Buffalo GNPA Neighborhood Plan document and its overwhelming community support for its strategy recommendations are satisfactory. The staff of the Office of Strategic Planning has furnished a copy of the East Buffalo GNPA Neighborhood Plan to the Common Council Staff Office to be available for each Council Member's review. A Resolution has been prepared for your review, approval and adoption. Forwarded separately are the following documents: 1. Resolution 2.Plan Summary RECEIVED AND FILED NO. 4 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT & SALE OF 334 WEST UTICA TO BUFFALO ECONOMIC RENAISSANCE CORP. MASTEN DISTRICT CCP# 112, 6/26/2007 The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Economic Renaissance Corporation (BERC) to acquire the former Jefferson East Utica Library for re- development The property consists of a 7,560 square foot structure, situated on a parcel of land having 65 feet of frontage and a depth of 100 feet. The building was abandoned for public use in 2005, is in fair to poor condition and requires asbestos abatement prior to any re -use of the building. In the above referenced item Your Honorable Body authorized the transfer of 334 East Utica Street to the Buffalo Urban Renewal Agency. The purpose of the transfer was to include this property in the Jefferson Avenue Urban Renewal Plan for eventual re- development of the building by the BERC as a Small Business Incubator. Funding is now in place for BERC to commence re- development of the former library. However, the Urban Renewal Plan has not yet been finalized. BERC has therefore requested to purchase the property directly from the City of Buffalo. In accordance with Article 27, Section 27 -4 the Office of Strategic Planning, Division of Real Estate, has received a Real Estate Appraisal from G.A.R. Associates. Ronald Rabino, Appraiser, has estimated the Fair Market Value of 334 East Utica Street, as of February 5, 2008, to be FORTY THOUSAND DOLLARS, ($40,000.00). The results of our negotiations are that BERC has agreed to purchase the property for EIGHTEEN THOUSAND DOLLARS ($18,000.00), and assume all costs associated with the transfer of the property including but not limited to: updating searches and surveys; closing costs; and asbestos removal. The cost of asbestos removal alone is Twenty Thousand Nine Hundred Dollars ($20,900.00). I am recommending that Your Honorable Body rescind the transfer of 334 East Utica to the Buffalo Urban Renewal Agency and approve the sale of 334 East Utica to the Buffalo Economic Renaissance Corporation in the Amount of EIGHTEEN THOUSAND DOLLARS ($18,000.00) upon the above stated terms and conditions. I am further recommending that Your Honorable Body authorize the Executive Director, Office of Strategic Planning to prepare all necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved That the above communication from the Office of Strategic Planning, Division of Real Estate dated February 11, 2008, be received and filed; and That the Common Council approves the transfer of 334 West Utica to the Buffalo Urban Renewal Agency and approves the sale of 334 West Utica to the Buffalo Economic Renaissance Corporation in the amount of $18,000.00 (eighteen thousand dollars) upon the terms and conditions as stated above; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -8 NOES -0 NO. 6 SEQR NEGATIVE DECLARATION EAST BUFFALO GNPA NEIGHBORHOOD PLAN The City of Buffalo proposes to adopt the East Buffalo GNPA Neighborhood Plan as a supplement to the City's Comprehensive Plan (adopted February 6, 2006). Prior to the adoption of the Plan by the Common Council, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is a "Type 1 Action" requiring the completion of a full environmental assessment by the Common Council as the SEQR Lead Agency, in accordance with Section 617.7 of the regulations, in order to determine the effects of this action on the environment. The Office of Strategic Planning has completed a draft environmental assessment and a draft Negative Declaration (determination of non - significance on the environment) for the project. The Office of Strategic Planning is submitting this environmental review documentation to the Common Council for its review and adoption. ADOPTED I a :16 L T A I r 9. 1 =11115 K 6 L T i 12 I :To] 14 4 N NO. 6 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL PROJECTS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $70,000 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: From: 30000106 - 445100 Planning Capital Projects $70,000 To: 31700006- 445500 Porter Avenue Reconstruction $70,000 Dated: Buffalo, NY, January 9, 2008 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 7 EAST BUFFALO GOOD NEIGHBORS' PLANNING ALLIANCE NEIGHBORHOOD PLAN Please file the above item for further discussion at the next Common Council session. Thank you for your attention to this matter. Sincerely, David A. Franczyk Council President Fillmore District Council Member Enclosure Mr. Fontana moved That the above communication from the Office of Strategic Planning, dated February 19, 2008, be received and filed; and That the Common Council approve the East Buffalo Good Neighbors' Planning Alliance Neighborhood Plan dated July 2007. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 8 NOTIFICATION SERIALS 10206 -10205 NOTIFIAVTION SERIAL 10206 INSTALL NO STOPPING ON SOUTH PARK AVENUE BOTH SIDES BETWEEN MICHIGAN AVENUE AND CHICAGO STREET FILLMORE DISTRICT NO STOPPING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aRer the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 28 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STOPPING PORHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD South Park Avenue, both sides At all times between Michigan Avenue and Chicago Street This action is being taken to improve the safety and flow of traffic coming from HSBC Arena and the Seneca Buffalo Creek Casino and will not adversely affect on- street parking demand. NOTIFICATION SERIAL # 10205 NO STANDING- REPEAL ON SOUTH PARK AVENUE, BOTH SIDES BETWEEN MICHIGAN AVENUE AND CHICAGO STREET ( FILLMORE DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY South Park Avenue, both sides between 7:00 am -10am/ 4pm -6pm Michigan Avenue and Chicago Street Except Saturday and Sunday This action is being taken to improve the safety and flow of traffic coming from HSBC Arena and the Seneca Buffalo Creek Casino and will not adversely affect on- street parking demand- RECEIVED AND FILED NO. 9 ITEM NO. 102, C.C.P. MAY 15, 2007 "BLOCK BATTAGLIA GARBAGE SCHEME PART 11" Dear Ms. Rushton: The Department of Public Works, Parks and Streets has reviewed the above referenced Council item. This department concurs with the Council's assessment of the situation. A Garbage Transfer Station would be an inappropriate land use in this area. If the City wishes to encourage such economic growth, then we might suggest that Mr. Battaglia contact the Office of Strategic Planning to find a more suitable location. Meanwhile, the Department of Public Works Parks and Streets will take no further action in regard to this matter until such time as the City should revise its charter to allow for the private operations of such facilities and revises the provision that only the City can operate such facilities within City limits. If you should have any further questions or require additional information, please contact me at 851 -5636. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 10 BUFFALO AND ERIE COUNTY BOTANICAL GARDENS SOCIETY, INC. COUNTY REQUEST FOR CULTURAL AND RECREATIONAL EASEMENT FROM CITY OVER PORTIONS OF SOUTH PARK TO FACILITATE COUNTY FUNDING OF PERMANENT IMPROVEMENTS/ ADDITIONS TO BOTANICAL GARDENS FACILITY ON ADJACENT CITY -OWNED SOUTH PARK The City of Buffalo and the Department of Public Works, Parks and Streets have received a request from the County of Erie (the County makes the request as the owner of the Botanical Gardens property) for the City to grant the County a 50 -year Cultural and Recreational Easement (the "Easement ") over certain City -owned portions of South Park situated adjacent north and west of the Botanical Gardens property. The County has owned and operated the Botanical Gardens property since 1981. In 2004, the County entered into a detailed Management Agreement with the Buffalo and Erie County Botanical Gardens Society, Inc. (the "Society ") under which the County agreed to fund and undertake $9,000,000 in capital improvements between the years 2005 and 2013. The proposed improvements include expansion of the gardens and related permanent improvements /structures, as well as a new parking lot on the existing County -owned Botanical Gardens property, as well as on the adjacent City -owned South Park property (the "Improvements Project "). The proposed easement parcel is an approximately 3.14 acre "L- shaped" parcel adjacent north and west to the Botanical Gardens property. The County is also requesting a related surface water drainage easement as described in the Easement document. South Park is an Olmsted Park and is also an operating public golf course, although it is not expected that the Improvements Project would adversely affect the operation and /or the public's enjoyment of either South Park or the golf course. The County's funding cannot be used on property in which the County does not have a property interest. The Easement would suffice as a property interest sufficient to permit County funding to be used for the Improvements Project. The County wants to expedite City approval of the easement in order to allow for immediate driveway and parking improvements on portions of the City -owned property. While there remain distinct challenges to properly allowing immediate improvements on the City -owned park property, we feel it is appropriate to ask Your Honorable Body to now approve the Easement as it provides that no actual improvements can be started without the go -ahead being given by this department. A copy of the Easement document is attached for your review and consideration. Our department, in conjunction with the City of Buffalo's Law Department and with input from the Executive Director of the City of Buffalo's Office of Strategic Planning, recommend that Your Honorable Body approve the Easement in substantially the form attached hereto. I am further recommending that Your Honorable Body authorize the Mayor to execute the Easement and that Your Honorable Body further authorize the Mayor to execute any and all related documents and agreements and to take all such further actions as are required to implement and facilitate the Easement and that Your Honorable Body further authorize the Mayor and /or all or any appropriate City personnel to take all such actions as are required to implement and facilitate the Easement and as are necessary to have the County and related funding applied to the Improvements Project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 11 CAPITAL OUTLAY VEHICLE PURCHASE Our Department is requesting permission to purchase the following vehicle which was approved in this years Capital Outlay. One pickup truck for the Traffic Signal Shop in the Division of Engineering (estimated cost $28,000) Funds for this vehicle are available in account 13191007-474200. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 7, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets and the Director ot" Purchase, be, and they hereby are authorized to purchase one pickup truck for the Traffic Signal Shop in the Division of Engineering for a cost of $28,000. Funds for the project are available in 13191007- 474200 This approval is Conditioned upon That the purchase of this vehicle not be designated or authorized for take -home use that it be marked with the City Seal in accordance with chapter 53 of the city code, and that the replaced vehicle be removed from City Service and disposed of to the best interests of the City PASSED AYES -8 NOES -0 NO. 12 PERMISSION TO ENTER INTO AGREEMENTS WITH FTA, FHWA, NFTA, NYSDOT, AND BNMC FOR THE BUFFALO NIAGARA MEDICAL CAMPUS(BNMC) [: ELLICOTT STREET GATEWAY PROJECT EILICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE The Federal Transit Authority (FTA) and Federal Highway Administration (FHWA) have designated $5.3M for the design, construction and construction inspection of the BNMC Ellicott Gateway Project. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PINs 5757.47 and 5757.59. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FTA, FHWA, NFTA, NYSDOT and BNMC. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design and construction of this project. REFERRED TO THE COMMITTEE ON FINANCE. NO. 13 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT AND BUFFALO PLACE FOR THE DESIGN AND CONSTRUCTION OF MAIN STREET - 700 BLOCK ELLICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated $2.4M for the design, construction and construction inspection of the 700 Block of Main Street. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PINs 5758.80. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, NYSDOT and Buffalo Place. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design and construction of this project. REFERRED TO THE COMMITTEE ON FINANCE. NO. 14 REPORT OF BIDS FIRE ENGINE 21, LADDER 6 ROOF RECONSTRUCTION JOB #0804 ELLICOTT DISTRICT I advertised for on January 22, 2008, and received the following formal sealed bids for Fire Engine 21, Ladder 6, Roof Reconstruction, which were publicly opened and read on February 5, 2008. Prggressive Roofing 331 Grote, Buffalo, NY Grove Roofing 131 Reading, Buffalo, NY Weaver Metal & Roofing 40 Appenheimer, Buffalo, NY Jos. A. Sanders & Sons P 0 Box 814, Buffalo, NY Jameson Roofing 3761 East Lake, Dunkirk, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a bid of Two Hundred Fifty Six Thousand and 00/100 Dollars ($256,000.00) 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 39320806 445100, Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 6, 2008, 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 Fire Engine 21, Ladder 6, Roof Reconstruction, to Progressive Roofing, the lowest responsible bidder, in the amount of $256,000.00. Funds for the project are available in 39320806 445100, Buildings. PASSED AYES -8 NOES -0 NO. 15 REPORT OF BIDS STREETLIGHT STANDARD REPAIR IN PLACE CITY WIDE #1 This is to advise Your Honorable Body that I have advertised and received bids on January 16, 2008 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $198,500.99 $208,425.00 1250 Broadway Street Buffalo, NY 14212 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc in the amount of $208,425.00. (Base Bid of $198,500.00 + [5% unit price increases] $9,925 equals [Total Award] $208,425.00.) Funds for this project are available in our Capital Account #30032106 - 445100. The engineer's estimate for this work is $150,000. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO. 16 DRUG ASSET FORFEITURE WIRE TRANSFERS 06 -DEA- 475227 C2 -07 -0016 4,487.78 07 -DEA- 485118 C2 -07 -0090 1,752.49 07 -DEA- 478148 C2 -07 -0042 5,464.10 03- FBI - 003420 311003014 2,523.79 03- FBI - 003419 311003013 1,535.31 06- FBI - 004131 311006046 734.20 07- FBI - 001690 3110070023 2,232.24 07 -DEA- 481279 C2 -07 -0066 1,539.49 07 -DEA- 482211 C2 -07 -0071 1,676.89 07 -DEA- 485211 C2 -07 -0092 748.09 06 -DEA- 464368 C2 -06 -0059 1,628.22 07 -DEA- 481069 C2 -07 -0065 1,289.29 07 -DEA- 486834 C2 -07 -0098 3,533.65 07 -DEA- 487178 C2 -07 -0103 1,735.69 07 -DEA- 488905 C2 -07 -0115 2,843.89 07 -DEA- 488824 C2 -07 -0113 3,328.69 07 -DEA- 488465 C2 -07 -0100 4,660.45 07 -DEA- 488488 C2 -07 -0100 1,540.45 07 -DEA- 478148 C2 -07 -0042 7,633.19 (15 % SAFF) TOTAL $50,887.90 The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10326 for fulfilling year 2 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective 01/14/08 in the Department of Police Division of Patrol to the Position of Police Captain Contingent Permanent Promotion at the starting salary of $77,781 William P. Blake, 2850 Amsdell Road #23, Hamburg 14075 PASSED AYES - 8 NOES — 0 a: 16I LTilr9 :I=11115K61NI61MA11610 NO. 18 CONTRACT FOR IMPLEMENTATION OF OFFICE -WIDE AGENDA, CASE MANAGEMENT AND CONTRACT MANAGEMENT SYSTEM Attached is a proposed contract with The Corporate Legal Standard, Inc. for the implementation of an Agenda, Case Management and Contract Management System within the Department of Law. The contract is for a fixed price of Seventy Thousand Dollars ($70,000.00) and was the lowest responsible bid received in response to an RFP process that began on September 20, 2007. The contract includes the following services: (1) automation and coordination of case management activity across the entire department; (2) implementation of an integrated solution offering case, calendar, contact, document management and time tracking, management and analyses capabilities; (3) integration of the "agenda system" with Microsoft Outlook, Word, Westlaw research and other application used by the City of Buffalo Department of Law. The expenditures contemplated by the proposed contract will be funded with NYS Aid Incentive to Municipalities (Efficiency Grant) funds (10700010- 335009) should this contract be approved by your Honorable Body. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW That the Corporation Counsel is hereby authorized to enter into a contract for Case Management and Contract System consistent with the attached agreement. PASSED AYES - 8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 19 1042 ELLICOTT ST. #76 CCP DECEMBER 11, 2007 In response to above item, the zoning code will allow a single family use at this address. Once all violations are addressed, we would provide a certificate of occupancy for this purpose. RECEIVED AND FILED NO. 20 FOOD STORE LICENCES 1021 FERRY EAST (FILLMORE) 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 1021 Ferry East (Ferry Community Market) 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. 21 RESTAURANT DANCE LICENSE (RENEWAL) 62 CHIPPEWA WEST (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 52 Chippewa West (LaLuna) for which said renewal application for a Restaurant Dance Class IV license is being sought by Charles Goldman 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 RESTAURANT DANCE LICENSE (RENEWAL) 199 DELAWARE (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 199 Delaware (Club W Inc) for which said renewal application for a Restaurant Dance Class IV license is being sought by Christopher Wahl 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 RESTAURANT DANCE CLASS ILL 600 EAST NORTH (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 600 East North and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III 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 Joseph Carrier. The attached thereto for Joseph Carrier d /b /a Musicians Big 6 VIP Club & Restaurant. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 24 RESTAURANT DANCE LICENSE (RENEWAL) 2 TEMPLETON (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 2 Templeton (Shanghai Red's) for which said renewal application for a Restaurant Dance Class III license is being sought by Specialty Restaurant Corp. 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. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 5, 2008, 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 to d /b /a Shanghai Red's located at 2 Templeton PASSED AYES - 8 NOES — 0 NO. 26 SIDEWALK CAFE LICENSE 79 CHIPPEWA WEST (ELLICOTT) The Common Council approved a sidewalk cafe for the restaurant located at 79 Chippewa West on October 30, 2007 (Item #84). The restaurant, formerly known as Vodka is now owned by Mary Graw's Inc /Darren Neaverth (Bayou). Mr. Neaverth has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 SIDEWALK CAFE LICENSE 3112 MAIN (UNIVERSITY) The Common Council approved a sidewalk cafe for the restaurant located at 3112 Main on July, 13, 1999 (Item #145). The restaurant, formerly known as Osaka Sushi Bar & Grille is now owned by Wayne & Warbucks Corp /Danny Greason (Havana House Restaurant). Mr. Greason has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 27 2 ND QUARTER GAP CITY OF BUFFALO We are submitting the Second Quarter Gap for fiscal year 2007 -2008. Currently we are projecting a $7.10 million surplus for year end. We are anticipating revenues to be $ 3.63 million over the Revised Budget and expenses to be $3.46 million below the Revised Budget. Year to date we have increased our appropriations by $12.88 million from New York State Aid Incentives for Municipalities Funding. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 28 PURCHASE EQUIPMENT This is to request approval to purchase a T160 Bobcat Skid Steer for use in snow removal, loading meter equipment and cleaning debris in the impound yard This was approved in the 2007 -08 capital outlay budget. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 29 REQUEST APPROVAL FOR PAYMENT OF DIFFERENCE IN PAY DAVID LAWLER, SUPERINTENDENT OF AUTO SUPPLIES :DIVISION OF INVENTORY & STORES AFSCME LOCAL 650 David Lawler, Superintendent of Auto Supplies for the Division of Inventory & Stores, was on Worker's Compensation from 12/04/2007 - 12/23/2007. Pursuant to Article XII of AFSCME Local 650 contract each employee is entitled to a difference in pay allowance under the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Lawler is entitled to a difference of pay as follows: The regular salary for 10 days = 1466.59. Minus: Federal Income Tax = 144.29; NYS Income Tax = 65.51; FICA: 90.93; Medicare = 21.27 which equals an adjusted salary of $1144.59 and a daily rate of $114.46' 14 working days = $1602.43. David was paid 1416.65 from the Worker's Compensation Board, leaving a difference in pay of $185.78. 1 request that your Honorable Body authorize Payroll Audit to process payment to David Lawler in the amount of $185.78. Mr. Fontana moved: That the above communication from the Commissioner of Administration, Finance, Policy and Urban Affairs dated February 6, 2008 be received and filed; and That the Comptroller be, and he hereby is authorized to pay David Lawler, Superintendent of Auto Supplies for the Division of Inventory and Stores in the amount of $185.78 for difference in pay allowance under the provisions of the Workers' Compensation Law from 12/04/2007- 12/23/2007. PASSED AYES - 8 NOES — 0 NO. 30 YEAR 33 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (MAY 1, 2007 TO JULY 31, 2007) Attached please find Quarterly Reports for Year 33 Community Development Block Grant funded Public Service Agencies including four Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 31 YEAR 33 COMMUNITY DEVELOPMENT QUARTERY REPORTS (AUGUST 1, 2007 TO OCTOBER 31, 2007) Attached please find Quarterly Reports for Year 33 Community Development Block Grant funded Public Service Agencies including four Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT y :IQ Vi1119. 1 =1111 -107M N exel04111LyA I 15 01 I NO. 32 BE -A -SPORT PROGRAM Dear Councilman LoCurto: Kindly allow this correspondence to serve as my support for my friend and associate, Charles Griffasi and the Be -A -Sport program. The Be -A -Sport program serves as a support system for the community's student athletes and athletic programs by promoting awareness of the benefits athletics provides to its participants, and the communities they live in. They also conduct equipment drives to provide valuable sporting equipment to those less fortunate. To further his message, Mr. Griffasi is seeking to hang his Be -A Sport banners in the area's local parks. I believe these would be appropriate venues as they serve our communities with playgrounds, baseball diamonds, football fields and swimming pools. Thank you for your consideration. Please feel free to contact further information, David B. Thomas COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 33 MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from February 8 -11, 2008. 1 hereby designate Corporation Counsel Alisa Lukasiewicz to perform the Mayor's duties in my absence. RECEIVED AND FILED NO. 34 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from person applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 42- 44WEST CHIPPEWA OMEGA LOUNGE CHESTER MENKIENA 229 LEXINGTON THE PLACE RESTAURANT LORRAINE FLYNN 475 ELLICOTT EIGHTZEROEIGHT OF WNY SHERRI ANDRZEJEWSKI RECEIVED AND FILED NO. 35 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: Public Works, Streets & Parks- Shelly Geber Victor Burgio Police -Anne Pauliszcak Dana Gordon. Patricia Gentzler, William Macy Bullock III RECEIVED AND FILED. No. 36 NOTICES OF APPOINTMENTS — COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. Certificate of Appointment Appointment Effective: February 6, 2008 in the Department of Common Council Division of Lovejoy District to the Position of Intern VI Seasonal Non - Competitive Lat Starting Salary $10.00 James Linkowski 189 West Woodside Ave Buffalo NY 14220 No. 37 Appointments Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Program. RECEIVED AND FILED Certificate of Appointment Appointment Effective: 02/08/08 in the Department of Executive Division of Mayor to the position of Intern VIII Seasonal Non - Competitive Hourly Starting Salary of $11.00 Catherine LaBrake 373 Bryant Buffalo, NY 14222 No 38 Notices of Appointments — Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments RECEIVED AND FILED Certificate of Appointment Appointments Effective: February 1, 2008 in the Department of Assessment and Taxation to the Position of Clerk Seasonal Appointment Flat Starting Salary of $8.15 hour Sharone Lewis 218 East Ferry Street Buffalo, NY 14208 Certificate of Appointment Appointment Effective: 02/07/08 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $11.11 Joshua Fahey 47 Englewood Ave Buffalo, NY 14220 No 39 Appointments Temporary, Provisional of 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 Certificate of Appointment Appointment Effective: February 11, 2008 in the Department of Administration, Finance, Policy and Urban Affairs Division of Treasury & Collections to the Position of Assistant Collection Officer Permanent Appointment Minimum Starting Salary of $33,359 Liam Caulfield 84 Shenandoah Buffalo NY 14220 Certificate of Appointment Appointment Effective: February 20,2008 in the Department of Strategic Planning Division of Real Estate to the Position of Administrative Assistant Temporary Appointment Minimum Starting Salary of $33,546 Maria Giardina 15 Tacoma Ave Buffalo, 14216 Certificate of Appointment Appointment Effective: 02/08/2008 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $10.25 Casimir Piwowarski 74 North Ogden St Buffalo 14206 Certificate of Appointment Appointment Effective: 02/04/2008 in the Department of Public Works, Division of Streets to the Position of Truck Driver Temporary Appointment Minimum Starting Salary of $27,646 John Baker 115 Clayton St Buffalo 14207 Certificate of Appointment Appointment Effective 02/01/08 in the Department of Public Works, Parks and Streets Division of Engineering to the Position of Engineering Inspector Provisional Promotional Minimum Starting Salary of $35,598 Robert Schmarder 51 Cheltenham Dr Buffalo 14216 Certificate of Appointment Appointment Effective February 1, 2008 in the Department of Assessment and Taxation to the Position of Senior Tax Clerk Provisional Appointment Minimum Starting Salary of $28,186 Mary Beth Wolniewicz 88 Hayden St Buffalo 14210 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS No. 40 NAMING NEW COURTHOUSE I would like to thank you and the Common Council for sharing adopted resolution Item #90 CCP, December 26, 2007 "Naming the New Courthouse, Lt. Colonel Matt Urban Courthouse ". As you know, the naming of federal buildings is traditionally accomplished by an act of Congress, so I'm pleased to see the early engagement of our Congressional delegation. Please don't hesitate to contact me should you have any questions or concerns regarding GSA and our Buffalo federal facilities. I can be reached by phone at (212) 264 -2600 or by email at emily.baker @gsa.gov. RECEIVED AND FILED NO. 41 Complete Streets Policy The City of Buffalo Bicycle- Pedestrian Advisory Board passed a unanimous resolution in favor of the City adopting a complete streets policy and would like the City of Buffalo to consider the same. Complete streets is the idea that our roadways ought to be for everyone, whether young or old, motorist or bicyclist, walker or wheelchair user, bus rider or shopkeeper. But too many of our streets are designed only for speeding cars. They're unsafe for people on foot or bike and unpleasant for everybody. In cities across the country, a movement is growing to complete the streets. States, cities and towns are asking their planners, engineers and designers to build road networks that welcome all citizens. And to date over 50 jurisdictions have passed such policies including Seattle, Salt Lake City, and the State of Illinois. Attached for your review is a complete streets policy brief with a proposed policy for your consideration. If you have any questions please feel free to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on February 4, 2008: Draft Agenda Meeting Minutes from JSCB Meeting dated January 7, 2008 Phase II Application and Certificate for Payment No. 40 - January 2008 Phase III Application and Certificate for Payment No. 10 - January 2008 Program Packaging and Development Services (PPDS) Provider Update Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - December 2007 -Final Report for Phase II Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase HI Project - December 2007 RECEIVED AND FILED NO. 43 RETURN ICE SKATING TO HOYT LAKE In responding to your request for information On "Return Ice Skating to Hoyt Lake" (item 104, C.C.P. Oct. 2 2007) the Erie County Parks Department has set a first meeting with its partners ( City of Buffalo and Buffalo Olmsted Conservancy) for February 25, 2008, to explore this issue. Delaware Park and Hoyt Lake would make a great setting for this winter activity. We all know that it was done in the past and we look forward to this challenge to getting it done in the future. Some of the issues that we will discuss will be the safety of the ice, clearing and flooding of the ice, security, insurance, staffing, and any funding source to move this to reality REFERRED TO THE COMMITTEE ON FINANCE NO. 44 INFO 41 PARKRIDGE AVE I AM REQUESTING TO MEET WITH THE COMMOM COUNCIL TO ENGAGE IN A DIALOG CONCERNING A PROPERTY MY WIFE AND I OWNED ON 41 PARKRIDGE AVE. IN BUFFALO. I FILED A NOTICE OF CLAIM AGAINST THE CITY FOR WRONGFUL DEMO OF OUR HOME IN 1992 AND AGAIN IN 2007. IN JUNE 2001 THE CITY OF BUFFALO ALONG WITH THE LAW DEPT. FOUND THAT THERE WAS NO SERVICE FOR THE DEMOLITION IN THE INSPECTION FILE. AND THAT FURTHER, THE HOUSE WAS NOT POSTED FOR DEMO AS REQUIRED BY LAW. THE DIVISION OF COLLECTIONS AND MIKE RISMAN OF THE LAW DEPT. RECOMENDED THAT THE CITY NOT PERSUE DEMO CHARGES AND TAFL TAXES. FOR SAID PROPERTY.WE WERE NEVER NOTIFIED OF A DEMO HEART— AND THE LAW DEPT. AGREED,WITH US ALONG WITH THE COMMOM COUNCIL, IN A 13 -0 VOTE IN THE COUNCIL CHAMBERS. WE HAVE DOCUMENTS THAT SHOW THE CITY OF BUFFALO AND KEN - BAILEY HOUSING ASSOC. MADE A NUMBER OF ERRORS THAT RESULTED IN THE DISTRUCTION OF OWR HOME OWR HOME WAS WORTH SOME AMOUNT OF MONEY ALL WE ARE ASKING FOR IS FAIRNESS IN THIS PROCESS. DO UNTO OTHERS AS YOU WOULD WANT THEM TO DO UNTO YOU. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 46 RESIGNATION MEMBER BOARD OF PARKING Changes in my professional work schedule and unexpected family responsibilities have made it impossible for me to continue my parking board membership. Unfortunately I am submitting my resignation effective December 1, 2007. 1 have enjoyed being a Board Member and my association with the fine women and men who make up its membership. I feel Kevin Heifer's strategic planning and staff development improved the City's parking assets and increased its parking revenues. I also learned a great deal under Tom Gallagher's leadership as the Parking Board Director and later as our consultant. I wish the Board Membership continued success. RECEIVED AND FILED NO. 46 FREEDON OF INFORMATION ACT REQUEST CITY CONTRACT COTY OF BUFFALO WATER DEPARTMENT AND AMERICAN ANGLIAN In order to better serve our clients, I am hereby making a request under the Freedom of Information Act for a copy of the Contract between the City of Buffalo Division of Water and American Anglian regarding the services, management and collections of monies due for water service in the City of Buffalo. I request a waiver of all fees for this request. Discloser of requested information to me is in the public interest because it is likely to assist significantly in the public understanding of the operations and activities of American Anglian with regards to water service and the billing practices of the Division Of Water and is not for a commercial purpose. If you have any questions, feel free to contact me at 853 -9555, Ext. 555 or Dorothy Lokey- Adams, Investigator at 853 -9555, Ext. 453. Thank you for your attention and consideration in this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 47 REQUEST NAME CHANGE SWEET AVE In accordance with Chapter 286 -3 of the Buffalo City Charter, this letter constitutes our formal written request to change the name of Sweet Avenue to Madinah Avenue We would like to change the name of this street to reflect the positive transformation that has occurred on Sweet Avenue- We feel that the source of this positive change, Al Madania School, should be recognized by connecting the name of the street with the name of the school. Since inception of Al Madania School in 1993, the crime rate in the area has dropped significantly. For example, auto theft was a common occurrence. Now, the area is filled with luxury automobiles and the owners have little, if any, fear that their vehicles will be stolen. Also, Al Madania School has inspired more than 150 families to relocate to the neighborhood, which, in turn, has helped increase the city's tax base. In fact, there are many professional people who have relocated to the neighborhood. This influx of law- abiding citizens has resulted in revitalizing this part of the city. In the not -so- distant past, suburban residents were reluctant to travel on Sweet Avenue; today, these same residents are relocating to the area and are doing their best to rejuvenate the neighborhood. As a result of the enormous benefits that Al Madania School has contributed to the east side of Buffalo, we believe that Madinah Avenue would be a catalyst in positively inspiring other professionals to relocate to Buffalo. Furthermore, the Sweet Avenue of the past brings with it negative connotations. By changing the name of Sweet Avenue to Madinah Avenue, old negative connotations will be just what they are, a thing of the past. With the name change, those memories of the old Sweet Avenue will soon be forgotten and people will look forward toward a new, vibrant Madinah Avenue of the future. Thank you for your kind consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 INFO BUFFALO POLICE EXAM CCP 39 02/05/08 The above correspondence filed by Joseph S. Brown from Hodgson Russ refers to a 2003 Court Order issued by Judge John T Curtin on several occasions. Please find attached a copy of that 2003 Judge Curtin Order and file it for review by the Common Council. Your assistance is greatly appreciated COPYAVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PETITIONS NO. 49 H. Sanders, Owner, Use 15 Horton for a HSF(Del) No Pub Hrg REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) No. 50 Appt Truck Driver- (Temp)(Min)(Norman)(PW) ( #19,2/5) That the above item be the same and is hereby Received and Filed as Amended ADOPTED NO. 51 Appt Truck Driver (Temp)(Inter)(Buchnowski)(PW) (# 20,2/5) That Communication 20 of Feb 5, 2008 be received and Filed and that the Temporary appointment of Garrett Buchnowski, 777 Amherst St above at the Intermediate Salary of $28,429 is hereby approved. PASSED AYES - 8 NOES -0 NO. 52 APPT POLICE LIEUTENANT (PERM)(FLAT) (ROSENWIE II) (PAN US )(KOC HERS BERGER)(PIECH)(POL) (# 21,2/6) That ccp #21,2/5/08 be Received and Filed and that the Permanent Appointment of Robert V. Rosenswie II, 12403, Kern Road, Springville 14141, James W Panus, 296 Westbrook Drive, Cheektowaga 14225, Christopher S. Kochersberger, 6453 Kevinton Place, Boston 14025, David M. Piech, 32 Forestville Drive, Williamsville 142221 PASSED AYES - 8 NOES -0 NO. 53 APPT DETECTIVE (PERM)(MOURGES)( BUYERS)( BIGGS )(LAPIANA)(PITTORF)(SUPPLES) (WREST)(STERLACE)(HALL)(POL) (# 22, 2/5) That ccp #22,2/5/08 be Received and Filed and that the Permanent Appointment of Nicholas Mourgas, 7325 Ward Road, Wheatfield 14052 Deborah Buyers, 62 Rosemary Street, Buffalo 14216 Kevin T. Biggs, 780 Warren Avenue, East Aurora, 14052 Anthony J. Lapiana, 15 Michael's Walk, Lancaster 14086 and Patricia N. Wrest, 37 School Street, Lancaster 14086 At the Salary of $ 61,946.00 is hereby approved PASSED AYES -8 NOES -0 NO. 54 APPT POLICE LIEUTENANT (PERM)(FLAT) ( GIALLELLA )(KENT)(SZYZKOWSKI)(KOPP)(POL) (# 23, 2/5) That ccp #23,2/5/08 be Received and Filed and that the Permanent Appointment of Jeffrey M. Giallella, 36 Heritage Road, West Seneca 14218 and Kenneth A. Szyszkowski, 3024 Hillbrook Drive, Cheektowaga 14227 At the salary of $68,570 is hereby approved PASSED AYES - 8 NOES -0 NO. 55 APPT POLICE LIEUTENANT (CONT PERM)(FLAT) (BLAKE)(O'ROURKE)(POL) (# 24,2/6) That ccp #24,2/5/08 be Received and Filed and that the Contingent Appointment of William P. Blake, 2850 Amsdell Road # 23, Hamburg, NY 14075 be Received and Filed and the Contingent Appointment of Timothy C. O'Rourke, 282 Saranae Avenue, Buffalo, NY 14216 be approved at the salary of $68,570 PASSED AYES - 8 NOES -0 NO. 56 APPT DETECTIVE (CONT PERM)(FLAT)(KIEFER)(POL) (# 25, 2/5) That ccp #25, 2/5/08 be Received and Filed and that the Contingent Permanent Appointment of Brendan J. Kiefer, 104 West Girard Blvd, Kenmore, NY 14217 at the salary of $61,946.00 is hereby approved PASSED AYES - 8 NOES -0 NO. 57 APPT POLICE LIEUTENANT (CONT PERM)(FLAT)(MORLOCK)(POL) (# 26, 2/5) That ccp #26, 2/5/08 be Received and Filed and that the Contingent Permanent Appointment of George W. Morlock, 98 Patricia Drive, West Seneca, NY 14224 at the salary of $68,570.00 is hereby approved PASSED AYES - 8 NOES -0 NO. 58 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CTY CLK) ( #37,2/5) That the above item be the same and is hereby Received and Filed ADOPTED NO. 59 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CTY CLK) ( #38,2/5) That the above item be the same and is hereby Received and Filed ADOPTED NO. 60 APPT DEPUTY MAYOR- (EXEMPT)(BROWN)(MAYOR) ( #2, 1/22) That the above item be the same and is hereby Received and Filed ADOPTED NO. 61 APPT DIR OF GOV RESEARCH & ANALYSIS (EXEMPT)(SAVAGE III)(MAYOR) (#3,1/22) That the above item be the same and is hereby Received and Filed ADOPTED NO. 62 APPT COORD OF ANTI - GRAFFITI & CLEAN CITY PROG (PROV)(INTER)(MIRTI)(CIT SERV) CCP# 5, 1/22 That Communication 25of January 22, 2008 be received and Filed and that the Provisional appointment of Butt Mirti above at the Intermediate Salary of $49,327.00 is hereby approved. PASSED AYES - 8 NOES -0 FINANCE (BRIAN C. DAVIS, CHAIRPERSON) NO. 63 CERTIFICATE OF EXCLUSION OF THE STATE COMPTROLLER (COMPT) CCP# 13,2/5 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 64 M. KEARNS- DISCLOSURES FOR CITY EMP OR ROI OF CITY EMPLOY RECEIVING FINAN ASSIST FOR ROOFING REPAIR OR REPLACEMENT CCP#45,2/5 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 65 BUDGET AND PERSONNEL AMENDMENT 25 - HUMAN RESOURCES 1055 - COMPENSATION & BENEFITS (ITEM NO. 101, C.C.P., FEB. 5, 2008) That the Budget and Personnel Amendment as contained in Item No. 101, C.C.P., February 5, 2008 be and the same hereby is approved. PASSED AYES - 8 NOES — 0 NO. 66 PERMISSION TO CONTRACT WITH THE BUFFALO ECONOMIC RENAISSANCE CORPORATION - JEFFERSON AVENUE INCUBATOR PROJECT (ITEM NO. 10, C.C.P., JAN. 22, 2008) That the Mayor and the Executive Director of the Office of Strategic Planning be, and they hereby are authorized on behalf of the City to accept $500,000 in NYS Aid Incentive to Municipalities efficiency grant funding to BERC and that the City of Buffalo enter into an Agreement with the Buffalo Economic Renaissance Corporation to facilitate the $500,000 funding for the Jefferson Avenue Incubator Project and authorize the Mayor to take such action and execute such documents as are appropriate to carry out the intention of the City to fund $500,000 for BERC's utilization at the Jefferson Incubator Project. PASSED AYES -8 NOES -0 NO. 67 PERMISSION TO CONTRACT WITH THE BUFFALO ECONOMIC RENAISSANCE CORPORATION - STEELFIELDS PROPERTY ACQUISITION TO FACILITATE BROWNFIELD REHABILITATION (ITEM NO. 11, C.C.P., JAN. 22, 2008) That the Mayor and the Executive Director of the Office of Strategic Planning be, and they hereby are authorized on behalf of the City to accept $4,638,250 in NYS Aid Incentive to Municipalities efficiency grant funding to BERC and that the City of Buffalo enter into an Agreement with the Buffalo Economic Renaissance Corporation to facilitate the $4,638,250 funding for the Buffalo Urban Development Corporation's purchase of the Steelfields site and authorize the Mayor to :take such action and execute such documents as are appropriate to carry out the intention of the City to fund $4,638,250 acquisition by BUDC of the Steelfields site. PASSED AYES -8 NOES -0 NO. 68 CONTRACT - IRA G. ROSS EYE INSTITUTE (ITEM NO. 12, C.C.P., JAN. 22, 2008) That the Mayor and the Executive Director of the Office of Strategic Planning be, and they hereby are authorized on behalf of the City to accept $300,000 in NYS Aid Incentive to Municipalities efficiency grant funding to Ira G. Ross Eye Institute and /or University Ophthalmology Services, Inc. that the City of Buffalo enter into an Agreement with the University Ophthalmology Services, Inc. to facilitate the $300,000 funding to enable the Ira G. Ross Eye Institute and authorize the Mayor to take such action and execute such documents as are appropriate to carry out the intention of the City to fund $300,000 for utilization at the Ira G. Ross Eye Institute. PASSED AYES -8 NOES -0 NO. 69 B. DAVIS -R. SANDERS -CEASE WATER SERVICE AT 508 HIGH ST (WTR BD) CCP #66,12/11 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 70 B. DAVIS -R. SANDERS -CEASE WATER SERVICE AT 508 HIGH ST CCP#43,11 /27 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 71 B. DAVIS- REQUEST FOR GREATER REFUGE TEMPLE LOT ACQUISITION ( #37,9/18) CCP #64, 10/30 That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 72 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY (ITEM NO. 3, C.C.P., FEB. 5, 2008) That the designation of nominees to the Board of Trustees of the Buffalo and Erie County Library of Elaine M. Panty, residing at 28 Henrietta Avenue, of Susan Gonzalez, residing at 311 Lakefront Boulevard and of Melanie Gregg, residing at 56 Brantford, Apartment 8 are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES -8 NOES -0 NO. 73 FOOD STORE LICENSE - 845 JEFFERSON (ITEM NO. 28, C.C.P., FEB. 5, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 74 RESTAURANT DANCE LICENSE - 2897 BAILEY (ITEM NO. 29, C.C.P., FEB. 5, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 75 USED CAR LICENSE - 1905 GENESEE (ITEM NO. 31, C.C.P., FEB. 5, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 76 T. CIMINELLI, PETITION TO USE 1829 MAIN STREET - GROUND SIGN (ITEM NO. 50, C.C.P., FEB. 5, 2008) That the petition of Thomas E. Ciminelli, agent, for permission to use 1829 Main Street for a 13' wide by 9' high, 15' overall width ground sign be, and hereby is approved. PASSED AYES -8 NOES -0 NO.77 PAYMENT OF REAL PROP TAXES, FEES, CHARGES AND OTHER AMOUNTS BY CC & ELEC CK CCP# 104,2/5 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 FOOD STORE LICENSE - 2005 GENESEE (ITEM NO. 31, C.C.P., JAN. 22, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 79 INFO RE RFP 181 ELLICOTT ST. (ELL) CCP #15,1/8 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 80 INFO RE RFP 181 ELLICOTT ST. (Ell) (CC) CCP #38,12/11 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 81 M. OVERDORFSPRING REPAIRS 825 & 827 SOUTH PARK(FILL) CCP#48,11,27 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 JEAN COLLINS, PETITION TO USE 572 GENESEE STREET - CONVERT AN APARTMENT BUILDING TO A HUMAN SERVICE FACILITY (ITEM NO. 44, C.C.P., NOV. 13,2007) That the Above item be the same and hereby is Received and Filed ADOPTED NO.83 INSPECTOR GENERAL POSITION MUST BE INDEPENDENT (ITEM NO. 106, C.C.P., SEP. 18,2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 84 2008 -20209 ANNUAL ACTION PLAN (STRATPLAN) (#8,02/06) That the above item be the same and hereby is Received and Filed ADOPTED NO. 85 DRAFT RES. FOR SUPPORT OF PRESERVE AMERICA COMM. DESIGNATION (STRATPLAN) That the above item be the same and hereby is Received and Filed ADOPTED NO. 86 RESULTS OF NEGOTIATIONS - 433 SWAN (ITEM NO. 11, C.C.P., FEB. 5, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 87 WATER INTAKE POWER GENERATOR(PW) ( #18,02/05) That the above item be the same and hereby is Received and Filed ADOPTED NO. 88 M. KEARNS- ARTICLE - TRANSPORTATION TO IMPROVE COMMUNITY ARTICLES (#46,02/06) That the above item be the same and hereby is Referred to the Special Committee on Waterfront ADOPTED No. 89 B.NOWAK -KING & O CREATE GREEN JOBS IN EC ( #63, 02/05) That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 WATER INTAKE POWER GENERATOR (ITEM NO. 89, C.C.P., JAN. 22, 2008) That the Department of Public Works, Parks and Streets determine if it is technically possible or feasible to draw water into the old intake and direct it to a power generator system to generate electricity for the City of Buffalo. Adopted IN *IS]ItI)tIIQ0 NO. 91 By: Brian C. Davis HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILLS S06739 AND A09878 TO AMEND THE LOCAL FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO. WHEREAS: Bill S06739 has been introduced in the New York State Senate and bill A09878 has been introduced in the New York State Assembly; and WHEREAS: The purpose of these bills are to extend authorization for the private sale of bonds and notes by the City of Buffalo for a period of time beginning on June 30, 2008 and ending on June 30, 2009; and WHEREAS: Without passage of these bills in the New York State Legislature, Section 54.30 of the Local Finance Law will expire on June 30, 2008; and WHEREAS: This law has already proven its usefulness by giving the City of Buffalo a valuable tool to provide expeditious funding to projects which require immediate attention and an extension of one (1) year would provide the City with additional financial flexibility when addressing it's capital funding needs; and WHEREAS: If the New York State Legislature is to consider these bills, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsels; and NOW THERFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Senate bill S06739 and Assembly bill A09878 so as to extend for one (1) year authorization for the private sale of bond and notes by the City of Buffalo; and BE IT IS FURTHER RESOLVED: That the City Clerk is hereby directed to forward eight (8) copies of this resolution and eight (8) completed copies of the Home Rule Request to the New York State Legislature as follows: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; and four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248. ADOPTED NO. 92 By: Mr. Davis RECONSIDERATION OF ITEM NO. 85 C.C.P. FEBRUARY 5, 2008 WHEREAS, The Common Council approved Item No. 85 C.C.P. February 5, 2008, which authorized the City of Buffalo Department of Economic Development, Permits and Inspection Services to issue a Class III Restaurant Dance License to the principal of the Blue Mirage located at 777 Main Street on February 5, 2008 as required by Buffalo City Code §150 -2(e); WHEREAS, Information pertaining to the character of the applicant has come to the Council's attention and has been duly considered pursuant to Buffalo City Code §150 -8, NOW THERFORE BE IT RESOLVED, Pursuant to §3 -19(e) of the City Charter and Code of the City of Buffalo, the Council hereby reconsiders and repeals its passage of Item No. 85 C.C.P. February 5, 2008 and directs that no Class III Restaurant Dance License be issued to the applicant seeking said license for the Blue Mirage located at 777 Main Street. ADOPTED NO. 93 By: Mr. Davis SUPPORT ST. MARTIN VILLAGE PROJECT & THE HOLY FAMILY SENIOR HOUSING PROJECT WHEREAS, The City of Buffalo Common Council is committed to supporting the development of decent, safe, sanitary and affordable housing for residents of the City of Buffalo and WHEREAS, the City of Buffalo is aware that one of the largest segments of the Western New York population are residents of retirement age; and WHEREAS, the growing number of residents in the City of Buffalo who will reach retirement age in the next five years is increasing; and WHEREAS, the City of Buffalo recognizes that there will be an unmet need for decent, safe, sanitary and affordable housing for senior residents and low income residents of the city; and WHEREAS, the City of Buffalo is committed to fostering local projects of economic development especially with the adaptive reuse of vacant property; and WHEREAS, it is recognized that as of the 2000 US Census, the City of Buffalo has the second highest poverty rate in the nation; and WHEREAS, the proposed Holy Family Senior Project developed by Delta Development of WNY, Inc and Living Communities, LLC will convert the former Holy Family Elementary School to thirty -five units of affordable housing for senior citizens in the South Buffalo area and this project will help to address this unmet need for senior housing; and WHEREAS, in addition to the planned affordable housing units, the Holy Family Project plans to house a permanent site for the South Buffalo Food Pantry currently being operated out of the old school building serving thousands of families in the South Buffalo Community; and WHEREAS, the Holy Family Senior Housing Development Project is in need of $600,000 in local funding that will be used as part of the funding in their application for the 2008 Unified Funding for Capital Projects to the New York State Division of Housing and Community Renewal; and WHEREAS, the Mayor of the City of Buffalo, Byron W. Brown, has committed to funding $600,000 in HOME funds to the Holy Family Senior Housing Development Project; and WHEREAS, the Holy Family Senior Housing Project can reduce its operating expenses with a Payment In Lieu of Taxes (PILOT) agreement from the City of Buffalo. WHEREAS, St. Martin Village Project will take a long vacant property with dilapidated buildings considered historically significant and create a small village named after the new St. Martin DePorres Church, the first built in the City by the Roman Catholic Diocese in more than sixty years. WHEREAS, the St. Martin Village Project is in need of $500,000 in local funding that will be used as part of the funding in their application for the 2008 Unified Funding for Capital Projects to the New York State Division of Housing and Community Renewal; and WHEREAS, the Mayor of the City of Buffalo, Byron W. Brown, has committed to funding $500,000 in HOME funds to the St. Martin Village Project; and WHEREAS, the Holy Family Senior Housing Project can reduce its operating expenses with a Payment In Lieu of Taxes (PILOT) agreement from the City of Buffalo. NOW, THEREFORE, BE IT RESOLVED, that the City of Buffalo Common Council does hereby support the continued development of decent, safe, sanitary and affordable housing for senior citizens and low- income residents in the City of Buffalo, and specifically the Holy Family Senior Housing Project in South Buffalo and the St. Martin Village Project in the Ellicott District of Buffalo, and be it further RESOLVED, that the City of Buffalo has made available $600,000 the Holy Family Senior Housing Project and $500,000 for the St. Martin Village Project in City of Buffalo HOME funds to be used in the projects, and be it further RESOLVED, that the City of Buffalo Common Council does hereby approve a Payment In Lieu of Taxes (PILOT) from the City of Buffalo for the Holy Family Senior Housing Project and the St. Martin Village Project. RESOLVED, that the City of Buffalo HOME funding and PILOTs committed to the Holy Family Senior Housing Project and the St. Martin Village Project is conditional to receiving an allocation of Low Income Tax Credits through the 2008 Unified Funding for Capital Projects to the New York State Division of Housing and Community Renewal. RESOLVED, that if either project fails to secure an allocation of Low Income Tax Credits from the 2008 Unified Funding for Capital Projects to the New York State Division of Housing and Community Renewal the commitment will sunset on the date of the announced successful projects by the New York State Division of Housing and Community Renewal. REFERRED TO THE COMMITTEE ON FINANCE NO. 94 By: Mr. Davis MODIFYING THE TIME RESTRICTIONS FOR PREVIOUSLY ISSUED SIDEWALK CAFE PERMITS Whereas: Under the City Code Section 413 -59, sidewalk cafes /patios may be installed no earlier than April 1 st 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 cafe /patio 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 that occurs in the Downtown area 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 in the vicinity of the parade to open their sidewalk cafes /patios in time for the St. Patrick's Day weekend would assist the these small businesses. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby authorizes local businesses within the location bounded by West Huron Street to the east, Elmwood Avenue to the south, Edward Street to the west, and Oak Street to the north, to erect their sidewalk cafes /patios as of March 1, 2008, in observation of St. Patrick's Day. PASSED AYES - 8 NOES — 0 NO. 95 By: Mr. Franczyk APPOINT LEGISLATIVE ASSISTANT Whereas: I, David A. Franczyk., wish to appoint Aniela M. Baj of 180 Sheffield Ave, Buffalo, NY 14220 to the position of Legislative Assistant of the Fillmore District effective February, 25, 2008; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Aniela M. Baj to the position of Legislative Assistant to the Fillmore District Councilmember. ADOPTED NO. 96 BY: MR. FRANCZYK EXCUSE COUNCILMEMBER BRIAN C. DAVIS FROM COUNCIL MEETING Be it therefore resolved: That Council Member Brian C. Davis be excused from the regularly scheduled February 19, 2008 meeting of the Common Council. ADOPTED NO. 97 MR. FRANCZYK AND MR. FONTANA REQUEST TO APPROVE EAST BUFFALO GNPA NEIGHBORHOOD PLAN WHEREAS, The City of Buffalo's Comprehensive Plan was adopted by the City of Buffalo Common Council, on February 6, 2006; and WHEREAS, Members of the East Buffalo Good Neighbors' Planning Alliance (GNPA) have mobilized ongoing citizen participation efforts and authored a document, "East Buffalo Good Neighbors' Planning Alliance Neighborhood Plan: Preserving Our Heritage and Planning Our Future!" (East Buffalo GNPA Neighborhood Plan), over the course of five years that is now complete; and WHEREAS, the Office of Strategic Planning and the City of Buffalo Planning Board has reviewed and found the plan to be consistent with sound long range planning principles and the Buffalo Planning Board has recommended it for adoption by the Common Council, WHEREAS, the City of Buffalo Common Council, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the East Buffalo GNPA Neighborhood Plan in accordance with the requirements of the State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural, institutional, economic, developmental, and social resources of the City, and have, therefore, prepared and filed a Negative Declaration. NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Common Council: 1) That the East Buffalo Good Neighbors' Planning Alliance (bounded by Walden and Broadway to the north, Smith and Sherman to the west, the town of Cheektowaga to the east, and 1 -190, Norfolk Southern railroad, and Buffalo River to the south) has authored a neighborhood plan that meets our standards for inclusion in the City of Buffalo's Comprehensive Plan; and 2) That the East Buffalo GNPA Neighborhood Plan is approved as part of the City's Comprehensive Plan. PASSED AYES - 8 NOES — 0 NO. 98 By: Mr. Franczyk ORDINANCE AMENDMENT CHAPTER 263, LANDFILLS, TRANSFER STATIONS AND GRADING The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of the Code of the City of Buffalo be amended to read as follows: § 263 -27. License required. It shall be unlawful for any person to conduct, operate, maintain or use any real estate in the City of Buffalo as landfill area, transfer station, or any other type of place for the reception or disposition of any type of inert fill or solid waste for either temporary storage or final disposal without first having obtained a license for each such premises from the Commissioner of Public Works, Parks and Streets. The owner or operator of any landfill or transfer station presently being operated at the effective date of this article under an active permit issued by the Commissioner of Public Works, Parks and Streets shall not be affected by this article for the remainder of the twelve -month life of said permit. § 263 -28. Application procedure. A. Each application shall be filed with the Commissioner of Public Works, Parks and Streets, using forms supplied by the Commissioner of Public Works, Parks and Streets, and shall be accompanied by a filing fee as provided in Chapter 175, Fees, of this Code. B. The Commissioner of Public Works, Parks and Streets shall cause copies of the completed application to be forwarded to the Commissioners of Fire and Police and to the Environmental Management Commission for their recommendations. [A copy shall also be transmitted to the Common Council for its information.] Said recommendations shall be made within 30 days and returned to the Commissioner of Public Works, Parks and Streets. C. The Commissioner of Public Works, Parks and Streets shall forward the completed application, the Department of Public Works, Parks and Streets' recommendations, his or her own recommendation and any additional pertinent information concerning the application to the City Planning Board and the Common Council of the City of Buffalo. § 263 -29. Review by Planning Board and the Common Council A. Upon receipt of the application and accompanying information, the City Planning Board shall schedule a public hearing thereon as soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and the time and location of the public heating. B. Upon receipt of the application and the accompanying information, the Common Council shall refer said materials to its Committee on Legislation. The Committee on Legislation shall schedule a public hearing thereon as soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and the time and the location of the public hearing. Said publication must appear at least five days in advance of the public hearing. [B.]C. The City Planning Board and the Common Council may approve the application with or without conditions or may reject it, upon stated written reasons therefore. In making [its] their decisions, the City Planning Board and the Common Council shall consider the landfill's impact on the health, safety and welfare of the City's inhabitants as well as its impact upon the neighboring environment. The Board and the Council shall forward [its] their decisions, [if positive,] to the Commissioner of Public Works, Parks and Streets. Only upon the concurrent approvals of both the Common Council and the City Planning Board shall the Commissioner of Public Works, Parks and Streets be authorized to issue the license. § 263 -30. Bond and grading plan. A. Upon receipt of approval by both the City Planning Board and the Common Council, the Commissioner of Public Works, Parks and Streets shall require the applicant to supply a cash bond or a bond issue by a surety corporation and a grading plan. B. The cash bond or bond issued by a surety corporation shall secure performance in accordance with the provisions of this Charter and the Code of the City of Buffalo and shall be in the penal sum computed as follows: $50,000 for any site up to one acre, plus $25,000 per acre thereafter. Said bond shall be acceptable to the Corporation Counsel and the Comptroller. C. The grading plan shall be prepared and stamped by a licensed land surveyor and shall show existing grades, drainage courses and final design grades for the site. The grading plan shall be acceptable to the Commissioner of Public Works, Parks and Streets. § 263 -31. Issuance of license; duration. Upon completion of all requirements, the Commissioner of Public Works, Parks and Streets shall issue a license to the applicant to operate a landfill or transfer station on the site described in the application for a period of 12 months. § 263 -32. License renewal. Licenses issued hereunder may be renewed upon application therefore if the Commissioner of Public Works, Parks and Streets determines that the landfill or transfer station is being operated in strict accordance with the terms of the license and this article. § 263 -33. Revocation of license. The Commissioner of Public Works, Parks and Streets may revoke licenses issued hereunder upon notice and after affording the licensee an opportunity to be heard. Licenses would be subject to revocation for failure to correct violations after having an opportunity to do so or for failure to abide by any conditions of the license. § 263 -34. Additional remedies. In addition to the penalty of revocation, the Commissioner of Public Works, Parks and Streets may cause violations of this article to be corrected and the cost thereof to be charged against the property and the bond required hereunder. Such correction shall be subject to notice and a reasonable opportunity to correct the same. § 263 -35. Prohibited acts. A. The dumping of solid waste that is capable of putrefaction or becoming filthy, noxious or unhealthy is prohibited. B. The placing of any combustible materials in any landfill or transfer station or, in any way, mixing in or covering such materials with the fill material is prohibited. C. The placing or mixing of any regulated material of any kind within any landfill or transfer station is prohibited. § 263 -36. Penalties for offenses; rewards. A. A violation of the provisions of §§ 216 -17, 216 -18 and 263 -27 through 263 -35 of this Code by a person shall be deemed a nuisance, punishable by fine or other penalty. The Commissioner of Police is hereby authorized to impound vehicles engaged in illegal dumping. B. Any person violating the provisions of §§ 216 -17, 216 -18 and 263 -27 through 263 -35 of this Code may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article I, of this Code. C. The Commissioner of Police is authorized to offer a reward of not less than $50 nor more than $250 for any information leading to the apprehension and conviction of any person violating §§ 216 -17, 216 -18 and 263 -27 through 263 -35 of this Code. § 263 -37. Cessation of operation. A. Upon completion of the landfill or transfer station operation, the landfill or transfer station operator shall completely cover the site with six inches of topsoil and shall seed the entire area. B. The cash bond or surety bond will be returned to the applicant after the Commissioner of Public Works, Parks and Streets has confirmed that the following requirements have been satisfactorily met: (1) The licensee has complied with all the specifications, provisions and any specific detailed conditions contained in the permit that is part of the license. (2) The licensee or his agents have faithfully operated the landfill or transfer station area in accordance with the spirit and intent of the provisions of this article. (3) Final grading and seeding have been completed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 BY: MICHAEL P. KEARNS BOND RESOLUTION BAILEY AVENUE BRIDGE RECONSTRUCTION ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $144,076 General Improvement Bonds of said City to finance the City's share of the cost of the partial reconstruction of the Bailey Avenue Bridge over the Cazenovia Creek and the Buffalo River, in the City, at the estimated total cost of $144,076. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Forty Four Thousand Seventy -Six Dollars ($ 144,076), 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 City's share of the cost of the partial reconstruction of the Bailey Avenue Bridge over the Cazenovia Creek and the Buffalo River, in the City. 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 $144,076 as set forth in the duly adopted 2008 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 Parks & Streets, Buildings, "Bailey Avenue Bridge Reconstruction -2008, Bond Authorization Account No. 3100 -310, and shall be used for the specific object or purpose 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 $144,076. 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 for the specific object or purpose for which the $144,076 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 10. of the Law, is twenty (20) 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 aRer the date of such publication, or © 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 100 BY: MICHAEL P. KEARNS: BOND RESOLUTION BAILEY - KENSINGTON FIRE STATION ACCOUNT 3000 -320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $4,815,000 General Improvement Bonds of said City, to finance the cost of construction of a new City fire station at 3226 Bailey Avenue, at the estimated maximum cost of $4,815,000. 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 Four Million Eight Hundred Fifteen Thousand Dollars ($4,815,000), 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 construction of a new City fire station at 3226 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 $4,815,000 as set forth in the duly adopted 2008 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 Kensington Fire Station, 2008 ", 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 $4,815,000. 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 constructed is of at least Class "B" construction, as defined by Section 11.00 a. 1 I(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: 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 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 101 BY: MICHAEL P. KEARNS BOND RESOLUTION CITYWIDE ARTERIAL PAVEMENT MILLING & RESURFACING ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $588,500 General Improvement Bonds of said City, to finance the City's share of the cost of partial reconstruction of various streets located throughout the City, at the estimated maximum cost of $588,500. 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 Five Hundred Eighty -Eight Thousand Five Hundred Dollars ($588,500), 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 City's share of the cost of partial reconstruction of various streets located throughout the City including milling and overlay sections, construction of ADA sidewalk ramps and crosswalks at intersections affected by such reconstruction. 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 $588,500 as set forth in the duly adopted 2008 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, "Citywide Arterial Pavement Milling & Resurfacing, 2008 ", 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 $588,500. 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. 20 (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 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 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 102 BY: MICHAEL P. KEARNS BOND RESOLUTION CITYWIDE PARKS IMPROVEMENTS ACCOUNT 3000 -450 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 recreational area improvements to various City parks, 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 recreational area improvements to various City parks. 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 $1,070,000 as set forth in the duly adopted 2008 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 Parks Improvements, 2008 ", Bond Authorization Account No. 3000 -450, 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 $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 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 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 103 BY: MICHAEL P. KEARNS: BOND RESOLUTION CITYWIDE INFRASTRUCTURE REPAIR/REPLACEMENT ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,609,274 General Improvement Bonds of said City to finance the cost of various infrastructure improvements Citywide, at the estimated total cost of $3,609,274. 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 Six Hundred Nine Thousand Two Hundred Seventy -Four Dollars ($3,609,274), 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 rehabilitation and /or reconstruction of highway, bridge, infrastructure elements on existing City right of ways, asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other right -of -way enhancements. 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 $3,609,274 as set forth in the duly adopted 2008 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, "Citywide Infrastructure Repair /Replacement -2008, 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 $3,609,274. 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 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 (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 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 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 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 104 BY: MICHAEL P. KEARNS: BOND RESOLUTION COMPUTERS & TECHNOLOGY VARIOUS SCHOOLS ACCOUNT 3998 -970 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $4,100,000 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 Buffalo Public Schools located throughout the City, at the estimated maximum cost of $4,100,000. 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 Four Million One Hundred Dollars ($4,100,000), 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 Buffalo Public Schools located throughout the City, including but not limited to: laptops; desktop computers, printers, software and licenses. 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 $4,100,000 as set forth in the duly adopted 2008 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, "Computers & Technology Various Schools, 2008 ", Bond Authorization Account No. 3998 -970, 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 he incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $4,100,000. 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. 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: 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 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. REFERRED TO THE COMMITTEE ON FINANCE 10 WN 111.1 BY: MICHAEL P. KEAMS: BOND RESOLUTION DEMOLITION - EMERGENCY CONDITIONS ACCOUNT 3000 -660 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 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 $2,000,000. 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 Dollars ($2,000,000), 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 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 $2,000,000 as set forth in the duly adopted 2008 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, "Demolition - Emergency Conditions, 2008 ", 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 $2,000,000. 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 1 1.00 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 fund 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 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 106 BY: MICHAEL P. KEARNS BOND RESOLUTION DISTRICT HEAT DISTRIBUTION SYSTEM REPLACEMENT ACCOUNT 3000 -320 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $214,000 General Improvement Bonds of said City to finance the cost of improvements to the City's downtown district heat distribution system, at the estimated total cost of $214,000. 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 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 cost of improvements to the City's downtown district heat distribution system. 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 $214,000 as set forth in the duly adopted 2008 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, "District Heat Distribution System Replacement- 2008 ", 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 $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 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 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 aider the date of such publication, or © 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 107 BY: MICHAEL P. KEARNS: BOND RESOLUTION EMERGENCY BRIDGE REPAIRS ACCOUNT 3000 -310 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 partial reconstruction of various bridges located throughout the City, 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 cost of the partial reconstruction of various bridges on existing City right -of -ways, including rehabilitation and /or reconstruction of highway, bridge and other infrastructure elements, asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right -of -way enhancements located throughout the City. 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 $535,000 as set forth in the duly adopted 2008 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, 2008 ", Bond Authorization Account No. 3000 -3 10, 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 $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 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 alter the date of such publication, or 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 108 BY: MICHAEL P. KEARNS BOND RESOLUTION ENVIRONMENTAL REMEDIATION CITYWIDE ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,605,000 General Improvement Bonds of said City to finance the cost of environmental remediation projects on a Citywide basis, at the estimated total cost of $1,605,000. 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 Five Thousand Dollars ($1,605,000), 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 environmental remediation projects on a Citywide basis pursuant to environmental restoration project agreements entered into with the State of New York or pursuant to consent agreements entered into with a federal or state governmental agency or authority or pursuant to federal or state judicial or administrative orders. 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 $1,605,000 as set forth in the duly adopted 2008 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 and Streets, Division of Engineering, "Environmental Remediatinn -2008, 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 $1,605,000. 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. 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: 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 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 109 BY: MICHAEL P. KEARNS: FIRE APPARATUS ACQUISITION ACCOUNT 3000 -210 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,889,000 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 $2,889,000. 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 Eight Hundred Eighty -Nine Thousand Dollars ($2,889,000), 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 firefighting apparatus for the Fire Department. 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 $2,889,000 as set forth in the duly adopted 2008 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- 2008 ", Bond Authorization Account No. 3000 -210, 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 $2,889,000. 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. 27 of the Law, is twenty (20) 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 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. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 110 BY: MICHAEL P. KEARNS: BOND RESOLUTION HUMBOLDT PARKWAY STREETSCAPE ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $750,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Humboldt Parkway, north and south sides between Cherry Street and East Delavan Avenue, in the City, at the estimated maximum cost of $750,000. 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 Seven Hundred Filly Thousand Dollars ($750,000), 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 Humboldt Parkway, north and south sides between Cherry Street and East Delavan Avenue including curb, walk, street lighting, signage and landscaping. 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 $750,000 as set forth in the duly adopted 2008 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, "Humboldt Parkway Streetscape, 2008 ", 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 $750,000. 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 1 1.00 a. 20(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 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. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE BY: MICHAEL P. KEARN: NO. 111 BOND RESOLUTION MARCY CASINO RESTORATION ACCOUNT 3000 -320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $440,000 General Improvement Bonds of said City, to finance the cost of recreational area improvements to Marcy Casino located at Delaware Park - Lincoln Parkway adjacent to Hoyt Lake, in the City, at the estimated maximum cost of $440,000. 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 Four Hundred Forty Thousand Dollars ($440,000), 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 recreational area improvements to Marcy Casino located at Delaware Park - Lincoln Parkway adjacent to Hoyt Lake, in the City 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 $440,000 as set forth in the duly adopted 2008 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, "Marcy Casino Restoration, 2008 ", 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 $440,000. 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 which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.19(c) 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 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. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 112 BY: MICHAEL P. KEARNS BOND RESOLUTION NEW BOILERS ACCOUNT 3998 -970 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,551,500 School Bonds of said City to finance the cost of acquisition and installation of new boilers for Lafayette High School and Erie County Health Care Center for use by Buffalo Public Schools in the City, at the estimated maximum cost of $1,551,500. 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 School Bonds of said City in the principal amount of One Million Five Hundred Filly One Thousand Five Hundred Dollars ($1,551,500), 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 acquisition and installation of new boilers and related work for Lafayette High School at 370 Lafayette Avenue and Erie County Health Care Center at 462 Grider Street for use by Buffalo Public Schools in the City. 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 $1,551,500 as set forth in the duly adopted 2008 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, "New Boilers, 2008 ", Bond Authorization Account No. 3998 -970, 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 $1,551,500. 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. 13 of the Law, is ten (1 0) 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. 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 Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 113 BY: MICHAEL P. KEARNS BOND RESOLUTION OUTER HARBOR BRIDGE E.I.S. ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $267,500 General Improvement Bonds of said City, to finance the City's share of the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning construction of a new Outer Harbor Bridge across the Buffalo River, 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 City's share of the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning construction of a new Outer Harbor Bridge across the Buffalo River. 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 2008 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, "Outer Harbor Bridge E.I.S., 2008 ", 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 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(2" 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 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. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 114 BY: MICHAEL P. KEARNS BOND RESOLUTION PLANNING NEIGHBORHOOD INFRASTRUCTURE ACCOUNT 3000 -310 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 infrastructure improvements to the Hamlin Park Planning Neighborhood in the City, 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 the infrastructure improvements to the Hamlin Park Planning Neighborhood in the City bordered to the north and east by the Kensington Expressway, bordered to the south by East Ferry Street, bordered to the west heading north via Jefferson Avenue, Delavan Avenue and Main Street, including rehabilitation and /or reconstruction of highway, bridge, street and other infrastructure elements on existing City right -of -ways, asphalt pavement, milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage 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 $1,070,000 as set forth in the duly adopted 2008 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, "Planning Neighborhood Infrastructure, 2008 ", 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 $1,070,000. 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 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 (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 alter 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. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 115 BY: MICHAEL P. KEARNS BOND RESOLUTION RECONSTRUCTION VARIOUS SCHOOLS ACCOUNT 3998 -970 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,444,500 School Bonds of said City to finance the cost of partial reconstruction of various school buildings in the City, at the estimated maximum cost of $1,444,500. 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 School Bonds of said City in the principal amount of One Million Four Hundred Forty -Four Thousand Five Hundred Dollars ($1,444,500), 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 partial reconstruction of various school buildings in the City, including but not limited to exterior masonry reconstruction and related items. 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 $1,444,500 as set forth in the duly adopted 2008 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, "Reconstruction Various Schools, 2008 ", Bond Authorization Account No. 3998 -970, 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 $1,444,500. 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 buildings to be reconstructed are of at least Class "A" construction, as defined by Section 11.00 a. 11 (a) of the Law and the period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(1) 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 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. Byron W. Brown Mayor Andrew A. Sanfilipppo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 116 BY: MICHAEL P. KEARNS BOND RESOLUTION STREETS VEHICLES ACCOUNT 3000 -310 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $850,000 General Improvement Bonds of said City to finance the cost of acquisition of machinery and apparatus for street sanitation and snow plowing operations, at the estimated total cost of $850,000. 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 Eight Hundred Fifty Thousand Dollars ($850,000), 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 machinery and apparatus for street sanitation and snow plowing operations, including street sweepers, salt spreaders and garbage 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 $850,000 as set forth in the duly adopted 2008 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, "Streets Vehicles - 2008 ", 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 $850,000. 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. 28 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 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 (a) 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 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. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 117 BY: MR. KEARNS APPOINT LEGISLATIVE AIDE Whereas: I, Michael P. Kearns, wish to appoint Martha -Ann Murphy of 5 Eden St., Buffalo, NY 14220 to the position of Legislative Aide of the South District effective February 25, 2008; And Now, Therefore, Be It Resolved: That the Common Council hereby appoints Martha -Ann Murphy to the position of Legislative Aide to the South District Councilmember. ADOPTED NO. 118 BY: MR. KEARNS APPOINT ASSISTANT LEGISLATIVE AIDE Whereas: I, Michael P. Kearns, wish to appoint Russell C. Weaver of 72 Days Park, Buffalo, NY 14201 to the position of Assistant Legislative Aide of the South District effective February 25, 2008; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Russell C. Weaver to the position of Assistant Legislative Aide to the South District Councilmember. ADOPTED NO. 119 BY: MICHAEL P. KEARNS RECONSIDERATION OF TIME WARNER CABLE'S POLICY OF REQUIRING THE ST. PATRICK'S DAY PARADE OF THE CITY OF BUFFALO PLANING COMMITTEE TO PAY A FEE OF $3,500 BEFORE TIME WARNER CABLE WILL TAPE THE 2008 ST. PATRICK'S DAY PARADE AND REBROADCAST IT ON THE CATV GOVERNMENT TELEVISION STATION. WHEREAS: The City of Buffalo has a large Irish - American population and the richness of our City's Irish culture can be seen in the many ways this heritage is celebrated throughout the year. Several Irish step- dancing schools train children and young adults in that traditional art, traditional music is available in various venues nearly every weekend and Irish theatre is a highlight of Buffalo's downtown area; and WHEREAS: Buffalo's St. Patrick's Day Parade is held in honor of Ireland's patron saint, and is traditionally held in the afternoon on the Sunday closest to St. Patrick's Day, March 17th; and WHEREAS: The annual St. Patrick's Day Parade of Buffalo is truly a community event. It is the largest and most important celebration of Irish heritage in the area and draws thousands of enthusiastic people of all nationalities to enjoy the Parade's floats, Irish dancers, high school marching bands, bag - pipers, and displays by civic organizations and individuals as well as traditional cuisine, clothing and artwork; and WHEREAS: Many who are unable to attend the Parade, especially the elderly, the disabled and families with small children, are planning on enjoying the Parade as they have in previous years by watching home television coverage of this event on the public access channel; and WHEREAS: Although this event may last only a few hours, the Parade's planners and participants must work hard throughout the year to raise funds to cover the cost of staging and making the necessary preparations for this event; and WHEREAS: Time Warner Cable ( "TWC "), the current and exclusive cable provider for residents of the City of Buffalo, has recently notified the St. Patrick's Day Parade Planning Committee that TWC will not be underwriting the production costs associated with taping, nor will they broadcast the St. Patrick's Day Parade on the CATV government channel this year; and WHEREAS: TWC has advised the St. Patrick's Day Parade planning committee that as a prerequisite for their taping this event for rebroadcast on public access, that a fee of $3,500 must be paid to TWC; and WHEREAS: The St. Patrick's Day Parade Planning Committee, given the lack of advance notice of this new policy, was unable to budget for the cost of filming this event. Furthermore, the City of Buffalo is extremely limited in terms of the finances, staff and equipment that it has available to tape this event and may be unable to provide adequate coverage of this important annual community event; and NOW THEREFORE BE IT RESOLVED: That the City of Buffalo Common Council, in recognition of the aforementioned circumstances, hereby requests that Time Warner Cable reconsider its position in this matter; and NOW BE IT FURTHER RESOLVED: That this matter be referred to the City of Buffalo Department of Public Works Office of Telecommunications and Utilities for comment and response as to the City's ability to tape this event for rebroadcast on the CATV government channel; and NOW BE IT FURTHER RESOLVED: That a copy of this resolution be forwarded to the City of Buffalo Special Events Committee to determine if other parades and /or events will be affected by TWC's new limited parade coverage policy, and to file such findings with the City Clerk in advance of the next regular meeting of the Common Council on March 4 h 2008; and NOW BE IT FURTHER RESOLVED: That this matter be referred to the Common Council's Finance Committee for further comment and review; and NOW BE IT FINALLY RESOLVED: That a certified copy of this resolution be sent to Time Warner Cable requesting their comment and response and that such be filed with the City of Clerk in advance of the next meeting of the Common Council on March 4, 2008. REFERRED TO THE COMMITTEE ON FINANCE NO. 120 BY COUNCIL MEMBER MICHAEL KEARNS AND COUNCIL MEMBER RICHARD FONTANA TOBACCO POINT OF PURCHASE RESOLUTION WHEREAS: Smoking is the number one cause of preventable death in the United States; and WHEREAS: The Surgeon General has concluded that tobacco advertising contributes to youth smoking rates; and WHEREAS: In 2003 tobacco companies spent $15.1 billion to market cigarettes in the United States, including $516 million in New York; and WHEREAS: Children are more likely than adults to notice and remember tobacco advertising; and WHEREAS: Children who report seeing cigarette advertising in stores are 33% more likely to have experimented with smoking; and WHEREAS: Three out of four teenagers are reported to shop at convenience stores at least once a week, and are therefore exposed at high rates and with great frequency to tobacco marketing; and WHEREAS: An estimated 1/3 of adolescent experimentation with smoking can be directly attributed to tobacco advertising and promotional activities. NOW THEREFORE BE IT RESOLVED: That the CITY OF BUFFALO hereby supports the efforts of the Western New York Tobacco Free Programs and Erie County Reality Check to protect the children of THE CITY OF BUFFALO by reducing tobacco advertising. ADOPTED NO. 121 BY: MR. KEARNS TRANSFER OF FUNDS CAPITAL PROJECTS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $70,000 be and hereby is transferred and reappropriated as set forth below. From: 30000106 - 445100 Planning Capital Projects $70,000 To: 31700006- 445500 Porter Avenue Reconstruction $70,000 PASSED AYES - 8 NOES -0 NO. 122 RESOLUTION BY: Councilmember Michael LoCurto Paul Crapsi Appointment to Bicycle /Pedestrian Advisory Board WHEREAS: The Bicycle /Pedestrian Advisory Board shall review ongoing and future projects in the City of Buffalo that affect cyclists, pedestrians and persons with disabilities. WHEREAS: The Bicycle /Advisory Advisory Board is to ensure that all City of Buffalo projects accommodate and encourage safe and legal travel by cyclists, pedestrians and persons with disabilities. WHEREAS: The Bicycle /Pedestrian Advisory Board shall advise various City of Buffalo departments on this issue. WHEREAS: The Bicycle /Pedestrian Advisory Board shall advocate for the implementation of City of Buffalo plans and make recommendations for bicycle and pedestrian travel. WHEREAS: Paul Crapsi, a City resident, is seeking appointment to a vacant position on the Bicycle /Pedestrian Advisory Board. WHEREAS: Mr. Crapsi is a year -round pedestrian and bicycle rider and familiar with issues facing these groups WHEREAS: Mr. Crapsi is knowledgeable regarding issues of safety for pedestrians, bicycle- riders, and those with disabilities. NOW THEREFORE BE IT RESOLVED: That the Common Council appoints Mr. Paul Crapsi to a vacant position on the Bicycle /pedestrian Advisory Board. REFERRED TO COMMITTEE OF LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 123 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT 1509 -STRATEGIC PLANNING The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive Department - 1509- Strategic Planning which currently reads: 1 Business Relationship Manager $ 50,000 Is hereby amended to read: 1 Chief Economic Development Officer $50,000 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 BYRON W. BROWN, MAYOR, TIMOTHY E. WANAMAKER, EXECUTIVE DIRECTOR OF STATEGIC PLANNING AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, 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. PASSED AYES —8 NOES — 0 NO. 124 MR SMITH PAYMENT OF REAL PROPERTY TAXES, FEES, CHARGES AND OTHER AMOUNTS BY CREDIT CARD, DEBIT CARD & ELECTRONIC CHECK WHEREAS: Many taxpayers have expressed a desire to use a credit card, debit card or electronic check as a means of payment of real property taxes, fees, charges and other amounts owed to the City; and WHEREAS: The City of Buffalo currently accepts credit cards and debit cards as a means of payment of parking fines, solid waste user fees, water and sewer charges; and WHEREAS: Accepting credit cards, debit cards and electronic checks as a means of payment of real property taxes fees, charges and other amounts will provide a convenient, alternative method of payment to the public; and WHEREAS: Accepting payments by said means will likely reduce the administrative costs associated with manual cash and check processing and reduce the bank fees paid by the City in connection with checks returned for insufficient funds; and WHEREAS: New York State General Municipal Law §5(b) permits a municipality to enter into agreements with one or more financing agencies or credit card issuers to provide for the— acceptance of credit cards as a means of payment of fines, civil penalties, rent, rates, taxes, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest, owed to the local government; and WHEREAS: The City of Buffalo, through prudent use of this financial vehicle, may potentially receive anticipated revenues in a more timely manner, thereby expanding cash flow and investment opportunities, while providing the public the convenient option of making payments via the Internet. NOW, THEREFORE, BE IT RESOLVED: That it is hereby found to be in the public interest for the City of Buffalo to accept credit cards, as the term is defined in New York State General Municipal Law §5(a)(1), including debit cards and electronic checks or Automated Clearing House (A.C.H.) transactions, as a means of payment of real property taxes, sewer rents, fines, civil penalties, rent, rates, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest, owed to the City; NOW, THEREFORE, BE IT FURTHER RESOLVED: That the Comptroller is hereby authorized to enter into agreements on behalf of the City of Buffalo with one or more financing agencies or credit card issuers to provide for the acceptance of credit cards, as the term is defined in New York State General Municipal Law §5(a)(1), including debit cards and electronic checks or A.C.H. transactions, as a means of payment of said amounts. Said Agreement(s) shall conform to the requirements of New York State General Municipal Law § 5, and shall be in place on or before July 1, 2008. NOW, THEREFORE, BE IT FURTHER RESOLVED: That the Commissioner of Administration, Finance & Urban Affairs, or his or her designee, is hereby authorized to accept credit cards, as the term is defined in New York State General Municipal Law §5(a)(1), including debit cards and electronic checks or A.C.H. transactions, as a means of payment of real property taxes, sewer rents, fines, civil penalties, rent, rates, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments and interest owed to the City. Such person offering payment by credit card or charge card shall pay a service fee to the City in connection with the credit or charge card payment transaction, including any fee owed by the City to the financing agency or card issuer arising from the transaction. Said fee, which is yet to be determined, shall not exceed costs incurred by the City in connection with the transaction. NOW, THEREFORE, BE IT FURTHER RESOLVED: That in the event that that the City, including any Department or Agency or any duly appointed agent thereof, contracts for the collection of fines, civil penalties, rent, rates, taxes, fees, charges, revenue, financial obligations or other amounts, including penalties, special assessments or interest, such contract shall provide that the contractor accept credit cards as a mechanism for payment. PASSED AYES — 8 NOES — 0 NO. 126 DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Russell Weaver Paul Alagna TOTAL2 ADOPTED No. 126 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: Juanita Gainous Total: 1 ADOPTED No. 127 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, February 26, 2008 at 9:45 AM Committee on Finance Tuesday, February 26, 2008 at 10:00 AM following Civil Service Committee on Comm. Dev. Tuesday, February 26, 2008 at 1:00 PM Committee on Legislation Tuesday, February 26, 2008 at 2:00 PM Special Committees Committee on Taxicabs and Liveries Thursday, February 21, 2008 at 10:00 AM in Room 1417 City Hall Committee on Budget Monday, February 25,2008 at 10:00 AM in Room 1417 City Hall (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. 128 Adjournment On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 2:40 PM Board of Police and Fire Pension Proceedings #2 Office of the Mayor -201 City Hall February 14, 2008 Present: David Rodriguez, Senior Deputy Corporation Counsel, Jeanette Mongold, Deputy Comptroller; H. McCarthy Gipson, Commissioner of Police The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 2008 amounting to $4,675.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 2008 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. No 3 The following Annuitant was cancelled from the Fire Pension Fund Payroll Dorothy Godfrey Died January 19, 2008 Received and Filed NO. 4 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:08 a. m.