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HomeMy WebLinkAbout06-0207 No.3 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 7, 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana- Members CLAIMS COMMITTEE: Michael Kearns Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr.,Michael Kearns, Marc A. Coppola,- Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 7, 2006 AT 2:00 P.M. PRESENT – David A. Franczyk, President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fontana, Golombek, Kearns, Russell and Thompson – 9. ABSENT - None On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on January 24, 2006 were approved. FROM THE MAYOR No. 1 Appoint Alisa A. Lukasiewicz ,Corporation Counsel Pursuant to Article 12, section 12-2 of the Charter of the City of Buffalo, we hereby appoint Alisa A. Lukasiewicz to the position of Corporation Counsel effective February 13, 2006. From 2000 to the present, Ms. Lukasiewicz has been employed at the law firm Hurwitz and Fine P.C., beginning as an associate and then being named a partner in July 2005. She has specialized in municipal litigation, defending the interests of Niagara County, Genesee County, the Village of East Rochester and the Town of Evans among others. Ms. Lukasiewicz served as an Assistant Erie County Attorney from 1997-2000, where she developed a strong knowledge of municipal law, litigating civil claims on behalf of Erie County in civil rights actions, personal injury, medical malpractice, property damage and employment discrimination in both state and federal court. Ms. Lukasciewicz was born and raised in Buffalo. She is a 1995 cum laude graduate of the University of Buffalo School of Law and a 1992 summa cum laude graduate of Canisius College, where she earned a Bachelor of Arts degree in English and Political Science. We hereby certify that Ms. Lukasiewicz is well qualified to discharge the duties of the Corporation Counsel. We urge this Honorable Body to confirm Ms. Lukasiewicz as Corporation Counsel at its earliest opportunity. Mr. Bonifacio moved: That the above communication from the Mayor dated February 3, 2006, be received and filed; and That the appointment of Alisa A. Lukasiewicz as Corporation Counsel effective February 13, 2006, be and it hereby is approved. PASSED AYES - 9 NOES – 0 NO. 2 CERTIFICATE OF APPOINTMENT Appointment Effective: February 3, 2006 in the Department of Executive, Division of Mayor to the Position of Executive Assistant to the Mayor Exempt, Non Competitive at the flat starting salary of $39,927 Lorraine Clemente, 57 Ketchum Place, Buffalo, NY 14213 RECEIVED AND FILED NO. 3 "2006-2007 ANNUAL ACTION PLAN - SPENDING PLAN" YEAR 32 COMMUNITY DEVELOPMENT BLOCK GRANT I hereby submit the proposed spending plan for the City of Buffalo's 2006-2007 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Department of Housing & Urban Development: Community Development Block Grant $16,547,713 HOME Investment Partnership Grant* $4,824,057 Emergency Shelter Grant $709,936 Housing Opportunities for Persons w/AIDS $ 480,000 *Includes $60,726 for the American Dream Downpayment Initiative (ADDI) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 4 CERTIFICATE OF APPOINTMENT Appointment Effective:January 30, 2006 in the Department of Executive, Division of Mayor to the Position of Deputy Mayor, Exempt Non Competitive at the flat starting salary of $85,000.00 Angela D. Joyner, 84 New Amsterdam Ave., Buffalo, NY 14216 RECEIVED AND FILED NO. 5 APPOINTMENT H. MCCARTHY GIPSON COMMISSIONER OF POLICE Pursuant to Article 13, section 13-2 of the Charter of the City of Buffalo, we hereby appoint H. McCarthy Gipson, 72 Northington Drive, East Amherst, NY 14051 to the position of Commissioner of Police. I have forwarded a three month residency waiver request to Commissioner Matarese to allow Mr. Gipson time to establish City of Buffalo residency. A thirty-five year law enforcement veteran. Mr. Gipson has served both the Buffalo Police Department and the Erie County Sheriff's Office. Recently, he has served as Superintendent of the Erie County Holding Center, later being promoted to Chief Deputy, where he participated in the command of approximately 1,000 law enforcement employees in Erie County. Mr. Gipson began his law enforcement career with the Buffalo Police Department in 1971. He rose through every leadership position within the Department until he retired as Captain in 1998. His experience includes Department Lieutenant, Precinct Commander, head of the Professional Standards Division, the Staff Inspections Unit, the Employee Assistance Program (EAP), and the Chaplaincy Program. He holds a wide variety of specialized training and certifications, including: Municipal Police Training Council, New York State Certified Police Instructor; Division of Criminal Justice Services, Law Enforcement Executive Development Seminar; National Institute of Corrections, Executive Excellence Program; and National Sheriff's Association, Weapons of Mass Destruction, Executive Level Training. An adjunct faculty member at Hilbert College, Mr. Gipson teaches courses in corrections and other criminal justice subjects. He also serves on the Board of Directors of Crime Stoppers of Western New York, the Hospice and Palliative Care Center, the St. Augustine Center, the Advisory Board of the Hilbert College Institute for Law and Justice, and the National Board of Directors of the American Jail Association. We hereby certify that H. McCarthy Gipson is well qualified to discharge the duties of Commissioner of Police. We urge this Honorable Body to confirm Mr. Gipson as the Commissioner of Police at its earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 6 SEQR: LEAD AGENCY DESIGNATION COMMON COUNCIL OF THE CITY OF BUFFALO This notice is filed pursuant to Part 617 6NYCRR, Article 8 of the Environmental Conservation Law (SEQRA) and Local Law - Chapter 168. The City of Buffalo, as owner and applicant, has assembled a complete application for the following project: Lead Agent: Common Council of the City of Buffalo Address: 1413 City Hall Buffalo, New York 14202 Contact Person: Telephone: Paul Wolfe, Chief of Staff (716) 851-5161 Genesee Village Urban Renewal Plan Description and Location of Action: Preparation and adoption of an Urban Renewal Plan for the Genesee Village area, which encompasses 60 parcels, to support the long-term revitalization and redevelopment. This plan will assist in the elimination of existing signs of blight and substandard conditions. The objective of the plan is to set up a fxamework for preservation, restoration and adaptive reuse of significant structures and resources. As the local agency with permitting and approval authority, the Common Council of the City of Buffalo wishes to declare Lead Agency and conduct a coordinated review of this action. Other potential permitting agencies identified are: (check each) X Planning Board Other interested agencies may be: A preliminary review of the proposed action indicates that it is a SEQRA X TYPE 1 X Adoption/Amendment of Comprehensive Plan, X Other Urban Renewal Plan UNLISTED ACTION (Coordinated Review Option) The attached Environmental Assessment Form has been filed by the applicant. Please notify me at the address below, by March 9, 2006, if your agency objects to our acting as lead agency, or with any information or concerns pertinent to this matter. If no response is received by this date, we will assume your agency has no specific concerns about the action and we will proceed with our review and determination of significance. Please notify this office by March 9, 2006 with any additional comments or concerns regarding the potential impacts of the proposed action. Please respond in writing to: Paul Wolfe, Chief of Staff Common Council 1413 City Hall Buffalo, New York, 14202 Phone: (716) 851-5161 Fax: (716) 851-4234 For further information please contact: Wendy E. Weber Salvati, AICP. Wendel Duchscherer 140 John James Audubon Parkway Amherst, NY 14228 Telephone: (716) 688-0766 Fax (716) 625-6825 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 7 CITYPLUNNING BOARD FININGS HEARING 2/15 OAK STREET URBAN RENEWAL PLAN ADDITIONAL SITE DESIGNATION AND PLAN AMENDMENT PROPERTIES LOCATED ON THE WEST SIDE OF MAIN ST, BETWEEN VIRGINIA AND ALLEN STREETS We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 502, 504 and 505, Article 15 of the General Municipal Law of New York State, do this 17th Day of January, 2006 adopt the following finding statement : WHEREAS, the Common Council of the City of Buffalo designated the Oak Street Redevelopment Project Area, consisting generally of all that tract of lend situated in the City of Buffalo within the area generally bounded by Best Street on the north, Michigan/Masten on the east, Main Street on the west and Goodell Street on the south as a substandard, insanitary area which tends to impair and arrest the sound growth and development of the municipality, and designated the Project Area as being appropriate for urban renewal treatment on May 5, 1970, C.C.P. No. 170; and WHEREAS, the Oak Street Redevelopment Project Urban Renewal Plan provides for the systematic, long term, revitalization of the Project Area; and WHEREAS, the proposed Additional Site Designation area will aid in the stabilization of local real property values and local property tax mils, and will provide a framework for public and private reinvestment within the area; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on January 17, 2006 at 8:00 a.m., at which hearing the proposed Additional Site Designation and Urban Renewal Plan amendment was presented and explained in detail, and those desiring to be heard were heard, NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report for the proposed Additional Site Designation and Oak Street Urban Renewal Plan Amendment the following findings; 1. Proposed land uses have been identified in the project description; 2. No additional acquisition is proposed, at this time, although the parcels identified in the additional site designation area may be part of future acquisition, or improvements, and demolition of structures will be looked at on an individual basis and only considered as part of an expansion or new development proposal that would involve new structures or the relocation of structures; 3. Any financial aid to the Municipally, from any source, that may be necessary to enable the project be undertaken in accordance with the plan; 4. If any relocation is necessary the City shall follow established Federal Relocation guidelines for residential and commercial relocations; 5. There is no proposed acquisition of air rights with this amendment; 6. Customary urban renewal methods and techniques are being used to carry out this plan amendment; 7. Studies will required prior to any new public, semi-public, private or communities or utilities installations; 8. This plan amendment does not repeal or institute any existing codes or ordinances; City Planning Board Finings Oak Street Urban Renewal Plan Additional Site Designation and Plan Amendment Properties located on the West Side of Main St, between Virginia and Allen Streets 9. This Plan Amendment allows for code enforcement efforts already identified within the City's Strategic Investment Corridors and Comprehensive Code Enforcement Program; 10. This plan amendment extends the duration of the Oak Street Urban Renewal Plan until May 2016; and BE IT FURTHER RESOLVED, the proposed Additional Site Designation area and Urban Renewal Plan amendment generally conforms to the comprehensive plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning Board; and BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal Law, that the office preparing an Urban Renewal Plan must submit the proposed plan to the City Planning Board for a recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the subject, not earlier than four (4) weeks after the Planning Board recommendation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 8 OAK ST URBAN RENEWAL PLAN AMENDMENT NOTICE OF DETERMINATION OF NON-SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: Buffalo Urban Renewal Agency Room 920 City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Oak street Urban Renewal Plan Amendment The Properties at 844-922 Main Street :the West side of Main Street; Allen Street on the North to Virginia Street on the South. Buffalo, New York. Erie county. Type of Action: Type I Description: The City of Buffalo proposes to adopt an amendment to the ongoing, multi-year, Oak Street Urban Renewal Plan. The existing Plan comprises the area bounded by the east side of Main Street on the west, Michigan Avenue/E. North Street/Masten Street on the east, Best Street on the north, and Goodell Street on the south. The plan amendment will allow for the following: a) incorporation of the properties along the western side of Main Street between Virginia and Allen Streets; b) encourage and facilitate the redevelopment of vacant, deteriorated and/or underutilized mixed-use commercial/residential buildings; c) encourage and facilitate the retention and reuse of significant historic buildings located within the City's Allentown Historic Preservation District; facilitate the further development and expansion of the City's Buffalo Niagara Medical Campus; d) fostering the community and economic development of the surrounding residential neighborhoods; e) provision of financial assistance to the ongoing redevelopment of several structures in the proposed amendment area by a private developer; f)possible future acquisition of property; g) possible clearance of non-historic structures and improvements thereon unless rehabilitation should prove to be feasible; h) assembly of such cleared and currently vacant land into parcels whose size, shape and location will allow for new mixed-use commercial development; i) repair/replacement of public utilities; j) repair/replacement of sidewalks, curbs and driveways; k) landscaping; 1) construction of off-street parking; m) possible installation of screening, new lighting, and related development landscaping. Financing for future project activities will involve a mix of public and private funds, including City of Buffalo Community Development Block Grant Funds. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not result in impacts which would have significant adverse effects upon the quality of the environment. No further environmental review of this action will be conducted by the Lead Agency prior to project implementation, and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The proposed project will: encourage and assist the reinvestment and redevelopment of vacant and underutilized mixed-use commercial buildings along Main Street (both within ,and adjacent to, the Urban Renewal Plan area); prevent the establishment of incompatible land uses in the project area; help to stabilize and revitalize a key commercial neighborhood adjacent to the City's downtown district; provide opportunities for both, new commercial development, and reinvestment/redevelopment of the surrounding residential neighborhoods; insure the orderly development of the project area; eliminate blighting influences and environmental deficiencies; will generate tax revenues for the City; will create new job opportunities for area residents; foster the restoration and adaptive reuse of existing historic structures; and integrate the project area with the City's existing Buffalo-Niagara Medical Campus. The few negative impacts which where identified were primarily short-term construction related due to demolition, construction and landscaping activities, and are considered not significant in magnitude or effect. There are no actions, which will be undertaken in either implementing this project, or in the long term, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Mr. Gregory Bernas, Assistant Environmental Program Coordinator, Room 901 City Halt, Buffalo, New York 14202, Telephone: 716-851-5083. Dated: February 2, 2006 RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 9 PROP. PKG. AGREE MODIFICATION COMFORT SUITES FORMERLY JOURNEY'S END HOTEL DOWNTOWN BUFFALO ITEM NO. 42, C.C.P. 12/15/05 The Board of Parking met on January 25, 2006. The Developer of the Comfort Suites was to be in attendance but at the last minute was unable to attend. The Parking Board has set up a sub-committee to meet with the Developer before the next scheduled meeting of the Board on February 22, 2006. At this time the Parking Board request that this item be tabled one month until all the facts can be gathered and a recommendation be made to the Common Council. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 BUFFALO CIVIC AUTO RAMPS INC. MANAGEMENT AGREEMENT The Board of Parking is in receipt of the January 13, 2006 communication from the Finance Committee. (attached). The Board of Parking at its regular monthly meeting of January 25, 2006 agreed to respond to the original request outlined in the December 15, 2005 communication. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE OFFICE OF STRATEGIC PLANNING NO. 11 APPROVAL TO ENTER INTO A CONTRACT WITH GZA GEOENVIRONMENTAL The City of Buffalo is under a NYSDEC Order on Consent to monitor ground water conditions on the Bern Metal inactive hazardous waste site for the next five (5) years. The City is the current owner of the property. The City previously contracted with GZA to perform the monitoring services on this property. Based upon GZA's prior experience on the site I would request approval to have GZA continue to perform the required environmental services. The estimated cost to undertake the work is approximately $9,000.00, at $1,800.00 per year. I respectively request that your Honorable Body authorize to extend GZA's contract and to requisition funds to undertake the monitoring. It is understood that funds are available for this project from the City's environmental remediation bond account #38310206. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated January 11, 2006, be received and filed; and That Executive Director of the Office of Strategic Planning be, and he hereby is authorized to extend the GZA GeoEnvironmental contract and to requisition funds to undertake the monitoring of ground water conditions on the Bern Metal inactive hazardous waste site. Funds for this project are available from the City's environmental remediation bond account #38310206. PASSED AYES - 9 NOES - 0 NO. 12 CITY OF BUFFALO COMPREHENSIVE PLAN ST "QUEEN CITY IN THE 21CENTURY" ENVIRONMENTAL ASSESSMENT- DRAFT NEGATIVE DECLARATION Attached for your review is an Environmental Assessment for the Adoption of Queen City in the 21st Century - Buffalo's Comprehensive Plan. The environmental assessment is designed to identify potentially significant adverse impacts resulting from adoption by the Buffalo Common Council of the Buffalo's Comprehensive Plan - Queen City in the 21st Century (the Plan). The Plan contains or proposes broad actions that will affect future City expenditures, programs, policies and projects. Also for your review is draft negative declaration prepared by the Office of Strategic Planning. ADOPTED NO. 13 SEQR NEGATIVE DECLARATION OAK ST. URBAN RENEWAL PLAN AMENDMENT Please be advised, prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a Type I Action for which a coordinated review has been completed. As per Section 617.12 of the regulations, the Buffalo Urban Renewal Agency, the Lead Agency responsible for determining the effect of the action on the environment, has determined that the project will not have an adverse effect on the environment, and hereby files a copy of the Negative Declarartion for this action with the Common Council. RECEIVED AND FILED NO. 14 RESPONSE - 870 HERTEL AVENUE ITEM #31, C.C.P. JANUARY 10, 2006 The above referenced item has been referred to this office for a response. Item #31, C.C.P. January 10, 2006 is a letter from the attorney representing the owner of 870 Hertel Avenue and a copy of a Real Estate Appraisal for the property estimating the value of 870 Hertel at Sixty Thousand Dollars ($60,000). The appraisal was commissioned by the owners. The owner of 870 Hertel is requesting that the City of Buffalo acquire his property for $60,000, claiming that the overhanging eves from the newly constructed firehouse at 860 Hertel Avenue has caused damage and loss of value to his property, or remove the overhang. The Office of Strategic Planning has been advised by the Department of Public Works that the architect and the contractor have been notified to correct the problem, since they are responsible for the error in constructing the eves too deep and overhanging onto the adjoining property at 870 Hertel. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT- NO. 15 RESULTS OF NEGOTIATIONS 119 JEWETT, 95' W FILLMORE LOT SIZE: 25' X 60' ASSESSED VALUATION: $2,000 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 119 Jewett Avenue from Market on Main Inc., c/o Mr. Matt Wolfe, 2495 Main Street, Buffalo, New York 14214. Market on Main Inc. presently owns 117 Jewett Avenue. Together with 119 Jewett, the vacant parcels will be used for temporary overflow parking and future business expansion. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential properties in the subject area. Sales prices range from fifty cents ($ .50) to one dollar and twenty-five cents ($1.25) per square foot. The results of our negotiations are that Market on Main Inc. has agreed to a sales price of one thousand five hundred dollars ($1,500), one dollar ($1.00) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 119 Jewett Street to Market on Main Inc. in the amount of one thousand five hundred dollars ($1,500). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 31, 2006, be received and filed; and That the offer from Market on Main, Inc., c/o Matt Wolfe, 2495 Main Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 119 Jewett Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 16 STATE ENVIRONMENTAL QUALITY REVIEW ACT NOTICE OF COORDINATED REVIEW AND DESIGNATION OF LEAD AGENCY JANUARY 27, 2006 This notice is issued by the City of Buffalo Planning Board ("Planning Board") pursuant to and in accordance with Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Patti 617, as amended ("SEQRA") and Chapter 168 of the Charter and Code of the City of Buffalo. Project Name: New Era Centre --160 Delaware Avenue Location: 160 Delaware Avenue, City of Buffalo, Erie County. Project Classification: Type 1 Project Description: New Era proposes to renovate the interior of the former Federal Reserve Bank building located at 160 Delaware Avenue into its new global headquarters and too construct a three story glass atrium addition with handicap accessible entrance and access improvements at the front of the building along Delaware Avenue ("Project"). Notice Details: The City of Buffalo has designated an area west of Elmwood Avenue and north of Huron Street as the West Village Historical District. The Project site, while not within the District, is in close proximity. As such, the Project is considered a Type 1 action pursuant to Section 168-4(B)(7)(c)of the City Charter and Code and a coordinated SEQRA review is required. Since the Project will require Site Plan review and approval from the Planning Board, the Planning Board is automatically, designated the Lead Agency amongst the various involved City agencies pursuant to Section 168- 7(A)(t) of the City Charter and Code. Action Requested: Please have the appropriate personnel within your agency review the enclosed site plan application including full environmental assessment form and provide the Planning Board with any comments that the Planning Board should consider regarding the Determination of Significance for this Project. For Further Information Contact: Marty Grunzweig, Land Use Coordinator City of Buffalo Room 901 City Hall Buffalo, New York 14202 Telephone: 716-851-5085 Fax: 716-851-4388 FULL COPY IN STAFF OFFICE ADOPTED FROM THE COMPTROLLER NO. 17 A TIME FOR A CHANGE RES#108 CCP JANUARY 24, 2.006 I'm always in favor of finding efficiencies in government, whether through better management, stronger controls, or cooperative efforts to maximize the delivery of services at the lowest possible costs. In that regard, I am open to formal discussion of the items contained in this resolution, and will assign Deputy Comptroller Darby Fishkin and my special assistant, Miehelle Frazer, to participate as my representatives. We should leave nothing to chance in our continuing commitment to re-establish our fiscal independence, and this exploration is in keeping with that commitment. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 BMHA AUDIT- 2006 AUDIT OBJECTIVE As a preface we note that the audit authority of the City Comptroller as Chief Fiscal Officer rests on the provision in the City Charter and reads as follows: "The comptroller shall have the power to conduct financial and performance audits of all agencies and other entities a majority of whose members are appointed by city officials..." At the present time, control and management of the Authority is fixed in a Board of seven Members, five of whom are appointed by the Mayor and two of whom are elected at-large from the tenant population Our main objective is to review internal controls at the Buffalo Municipal Housing Authority. AUDIT METHODOLOGY To accomplish our objective we have performed the following: • Review purchase order policies and procedures • Review contract and expenditure records • Review payroll procedures • Review Section 8 area • Review and analyze travel of Commissioners and employees • Miscellaneous AUDIT FINDINGS 1. Non-compliance with internal control procedures for travel and travel There were inappropriate purchases, and in some cases complete lack of documentation, for certain commissioners' expenses. There was unapproved extensive use of BMHA credit cards for what appears to be personal or at least undocumented expenses. The credit cards were obtained for “emergency use” while on business travel to pay for hotel bills etc. The cards were to be kept in the BMHA safe until the date of travel. 2. BMHA pays tax on airline tickets and other travel purchases. These purchases are tax-exempt and should have been deducted from the bills, and a tax-exempt form provided. 3. Internal Audit report recommendations were not implemented. As per the Institute of Internal Auditors (IIA) guidelines, our audit team did review previous audits completed by the BMHA's own internal audit function. These audits, which were thorough and complete, had specific recommendations, but these were not in most cases implemented by BMHA management or by the Board of Commissioners. 4 There was a complete lack of controls over fuel consumption for a six-month interval. The Fuelmaster System, which is used to control the use of fuel for BMHA vehicles, was turned off when we inspected it. It was off for a period of at least six months according to the operations manager, allowing for unlimited use of the fuel from the pumps without detection or report generation. Any vehicle might have fueled up for any amount and no record would have been retained since no key was required. The camera recordings are overwritten every four hours, and no reports on usage have been generated. The employees showed unfamiliarity with the system features. 5. Executive Director's contracts not adhered to (a timing issue- payment for unused vacation etc. prior to departure date as stipulated in the specific contract.). The buyback of unused vacation time prior to leaving the authority's employ by the former Executive Director violated the terms of her employment contract. 6. Approvals by Executive Director for herself The Executive Director's contract also includes the stipulation that there would be "a maximum of $2,000 annually will be allowed for an expense account." The contract contains the unusual provision that she will authorize all payments on the expense account credit card. It's a violation of standard internal control guidelines when a person doing the spending can also authorize payments against that spending. 7. Use of Purchase orders for small dollar expenditures, which is against BMHA policies. We discovered Petty Cash items purchased on Purchase Orders when in fact it is policy to purchase these items via petty cash. 8. There were two errors in payroll records and approvals. As part of a payroll review of timesheets, we reviewed the payroll records of sixty-one individuals over the span of two pay periods (over 600 transactions). We discovered two errors: one employee was charged for four hours of personal leave as per MUNIS, a timesheet records the individual out for the entire day. Another individual was recorded off as per MUNIS on 3 -31-05 when the timesheet records show that person off on 3-10-05. 9. Questioned lack of verifiable residency address for "opt out" annual payment A random sample of 64 employees found inconsistency in residency records, suggesting there could be issues related to the "opt out" policy of the authority's residency clause that allows for employees to be exempt by paying a calculated premium each year. BMHA should review records to make sure employees who live outside the City comply with the "opt out" policy, and pay the required premium. 10. Accounts payable invoice errors noted. Twenty-two vendors were selected at random, and each payment to those vendors was reviewed according to the audit program.. The total dollar amount of payments examined summed to $8,117,120.17. Issues developed from the above examination were not material, and are covered in other audit comments. This audit step did not include further testing of bidding process that may have preceded the encumbrance process. 11. The Section 8 program sample of Tenants and Landlords uncovered few issues. We were aware of issues raised by HUD in the past (e.g. sub-lease of Executive Director's apartment and questions of a commissioner in a specific size unit, but our samples revealed only minor calculation amounts. 12. Some Tenant Education and Training self-sufficiency shortcomings BMHA's mandate includes the development of tenant self-sufficiency. One of those areas is economic self-sufficiency. The test scores revealed some below-par scores, which indicates that the program needs improvement in certain areas. 13. Change Order substantiation missing authorization The examination of the change orders revealed a disturbing trend in required documentation. Fourteen change order we reviewed, and as an example, all were missing at least one authorizing signature. RECOMMENDATIONS 1. We recommend that if there are legitimate reason for travel by commissioners, these should be reviewed by the Mayor who appoints the majority of the Board. Members may not approve their own expenses. Approvals are contingent on review of documentation, and must be in compliance with BMHA policies, as well as HUD, IRS and New York State laws and regulations. 2. We recommend that the BMHA provide support for its tax-exempt status to anyone traveling on business for the authority. Any charges for sales tax should be deducted from the payment. 3. To correct this fault, to improve overall internal control, and in recognition of IIA guidelines, the audit team recommends an Audit Committee be established in accordance oflIA Practice Advisory 1110-2. This committee should include individuals outside the BMHA structure, familiar with issues of accounting and internal control. New York State Public Authorities Law, Title 8 - Internal Control Responsibilities of Public Authorities provides additional reference on this subject. 4. We recommend training on the use of the Fuelmaster system, specifically the reports that provide for mileage, gasoline usage and times. The results would include miles per gallon statistics and audit trails for unauthorized use. These reports need to be submitted to management on a monthly basis. 5. We recommend that before making any payments for unused vacations etc., the contract terms should be checked for such provisions with the appropriate authority. 6. The Board should have the responsibility of reviewing charges of the executive director's expense account, and the Board should have approved the payments. 7. BMHA should adhere to its policy of purchasing certain items via petty cash. 8. Payroll should be reviewed and approved on a regular basis, and be subject to periodic internal audits. 9. Residency adherence needs to be validated, in a similar mariner to the Federal Department of Labor I-9 form requirements. This will ensure equity in the "opt out" program, and verify that all payments owed to BMHA are realized. 10. Pre-audit of payables requires vigilance and possibly a change in procedures to accomplish this. A check-off list is included in item 10 that could be used. 11. We recommend that the Section 8 report be made available to management and the Board. The results should be reviewed at the management and possibly commissioner level to fulfill HUD goals. 12. A review of these results of self-sufficiency for tenants should be reviewed at the management, and possibly commissioner level to fulfill HUD goals. 13. We recommend that a change order policy be developed that includes detailed substantiation for unforeseen events on a project that results in increased costs. There needs to be a threshold percentage and possibly dollar amount for reintroducing a project for approval to the pertinent levels of authority. We recommend a 15% ceiling on changes as a guide for re-approval or submission for a re-bid of the additional work. REFERRED TO THE COMMITTEE ON FINANCE. NO. 19 CERTIFICATE OF NECESSITY COMMON COUNCIL - CITY CLERK COMMON COUNCIL - LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12of the Charter, that it is necessary that the sum of $33,000 be transferred and reappropriated within Common Council, as set forth below: From: 10220005 461001 Office Supplies $8,000 10220006 - 432004 Engineering & Tech $25,000 To: 10102006 432004 Engineering & Tech $33,000 Dated: Buffalo, NY, February 2, 2006 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS NO.20 NOTIFICATION SERIAL#10039 NO STANDING - REPEAL ON NIAGARA FALLS BOULEVARD, BOTH SIDES BETWEEN MAIN STREET AND KENMORE AVENUE UNIVERSITY 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 Niagara Falls Boulevard, both sides 7 a.m. to 7 p.m. between Main Street and Kenmore Avenue This action is being taken in order to provide additional parking during Sunday church services at the request of the University District Councilmember. (see next serial) NOTIFICATION SERIAL#10040 NO STANDING- INSTALL ON NIAGARA FAILS BOULEVARD, BOTH SIDES BETWEEN MAIN STREET AND KENMORE AVENUE UNIVERSITY 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 Niagara Falls Boulevard, both sides 7 a.m. to 7 p.m. between Main Street and Kenmore Avenue Except Sunday This action is being taken in order to provide additional parking during Sunday church services at the request of the University District Councilmember. (see previous serial) NOTIFICATION SERIAL #10041 NO STANDING- REPEAL ON FILLMORE AVENUE, EAST SIDE BETWEEN KENSINGTON AVENUE AND DEWEY AVENUE MASTEN 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 Fillmore Avenue, east side between 4 p.m. to 6 p.m. Kensington Avenue and Dewey Avenue Except Saturday & Sunday This action is being taken in order to provide additional on street parking on Fillmore Avenue at the request of the District Councilmember. NOTIFICATION SERIAL#10042 NO STANDING - REPEAL ON FILLMORE AVENUE, WEST SIDE BETWEEN KENSINGTON AVENUE AND DEWEY AVENUE MASTEN 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 Fillmore Avenue, west side between 7 a.m. to 9 a.m. Kensington Avenue and Dewey Avenue 4 p.m. to 6 p.m. Except Saturday and Sunday This action is being taken in order to provide additional on street parking on Fillmore Avenue at the request of the District Councilmember. RECEIVED AND FILED; WAIVE 45 DAYS. NO. 21 AMENDMENT TO APPLICATION FOR FUNDING TO REMEDIATE BOONE PARK (SOUTH) NO.165 OF 10/15/02 Whereas: the City of Buffalo, herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project," is desirable, is in the public interest, and is required in order to implement the project; and Whereas: Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. Now, Therefore, Be It Resolved: By this body that the Mayor is the representative authorized to act in behalf of the Municipality in all matters related to State assistance under ECL Article 56, Title 5. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State Assistance; and Be It Further Resolved: That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within (12) months of written approval of its application by, the Department of Environmental Conservation, and Be It Further Resolved: That one (I) certified copy of this Authorization be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance, and Be It Finally Resolved: That this Authorization take effect immediately. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to act on behalf of the City of Buffalo in all matters related to State Assistance under ECL Article 56, Title 5. That the Mayor be, and he hereby is authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City of Buffalo's governing body in all matters related to Remediation of Boone Park Project and to State Assistance. That the City of Buffalo will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by, the Department of Environmental Conservation. That the City Clerk be, and he hereby is authorized to prepare one (1) certified copy of this authorization and that it be sent to the Albany Office of the New York State Department of Environmental Conservation together with the Application for State Assistance. PASSED. AYES-9. NOES-0. NO. 22 APPLICATION FOR FUNDING TO REMEDIATE FRANCZYK PARK (FILLMORE) Whereas: The City of Buffalo, herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project," is desirable, is in the public interest, and is required in order to implement the project; and Whereas: Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. Now, Therefore, Be It Resolved: By this body that the Mayor is the representative authorized to act in behalf of the Municipality in all matters related to State assistance under ECL Article 56, Title 5. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State Assistance; and Be It Further Resolved: That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within (12) months of written approval of its application by, the Department of Environmental Conservation, and Be It Further Resolved: That one (I) certified copy of this Authorization be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance, and Be It Finally Resolved: That this Authorization take effect immediately. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to act on behalf of the City of Buffalo in all matters related to State Assistance under ECL Article 56, Title 5. That the Mayor be, and he hereby is authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City of Buffalo's governing body in all matters related to Remediation of Franczyk Park Project and to State Assistance. That the City of Buffalo will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by, the Department of Environmental Conservation. That the City Clerk be, and he hereby is authorized to prepare one (1) certified copy of this authorization and that it be sent to the Albany Office of the New York State Department of Environmental Conservation together with the Application for State Assistance. PASSED AYES-9. NOES-0. NO. 23 REPORT OF BIDS FILTER GALLERY REHABILITATION - ELECTRICAL CONTRACT ELLICOTT Plans and specifications were prepared and sealed proposals accepted for the Filter Gallery Rehabilitation - Electrical Contract at the Colonel Ward Treatment and Pumping Plant. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on December 20, 2005. O'Connell Electric 933 Ransom Road Lancaster, NY 14086 $1,466,500.00 Frey Electric Construction CO. I00 Pearce Avenue Tonawanda, NT 14150 $1,944,940.00 CIR Electrical Construction Corp. 2750 Kenmore Avenue Tonawanda, NY 14150 $1,973,400.00 I certify that foregoing is a true and correct statement of all bids received and that John W. Danforth, Co. is the lowest responsible bidder complying with the specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with O'Connell Electric for the cost thereof to be charged to the Division of Water capital bond account 53190676 in the amount of $1,466,500.00 plus 5% for approved unit prices for a total encumbrance of $1,539,825.00. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Filter Gallery Rehabilitation, Electrical Contract, to O'Connell Electric, the lowest responsible bidder, in the amount of $1,466,500.00 plus 5% for approved unit prices for a total encumbrance of $1,539,825.00. Funds for the project are available in Division of Water capital bond account 53190676. PASSED. AYES-9. NOES-0. NO. 24 REPORT OF BIDS FILTER GALLERY REHABILITATION - GENERAL CONTRACT ELLICOTT Plans and specifications were prepared and sealed proposals accepted for the Filter Gallery Rehabilitation - General Contract at the Colonel Ward Treatment and Pumping Plant. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on December 20, 2005. John W. Danforth, Co. 300 Colvin Woods Pkwy Tonawanda, NY 14150 $12,068,125.00 STC Construction, Inc. P.O. Box 459 Springville, NY 14141 $13,037,462.00 Patrick Constructors, Inc. P.O. Box 188 Bloomfield, NY 14469 $13,347,235.00 I certify that foregoing is a true and correct statement of all bids received and that John W. Danforth, Co. is the lowest responsible bidder complying with the specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with John W. Danforth, Co. for the cost thereof to be charged to the Division of Water capital bond account 53190676 in the amount of $12,068,125.00 plus 5% for approved unit prices for a total encumbrance of $12,671,531.25. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Filter Gallery Rehabilitation, General Contract at the Colonel Ward Treatment and Pumping Plant to John W. Danforth, Co., the lowest responsible bidder, in the amount of $12,068,125.00 plus 5% for approved unit prices for a total encumbrance of $12,671,531.25. Funds for the project are available in Division of Water capital bond account 53190676. PASSED. AYES-9. NOES-0. NO. 25 REPORT OF BIDS FILTER GALLERY REHABILITATION - MECHANICAL CONTRACT ELLICOTT Plans and specifications were prepared and sealed proposals accepted for the Filter Gallery Rehabilitation - Mechanical Contract at the Colonel Ward Treatment and Pumping Plant. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on December 20, 2005. John W. Danforth, Co. 300 Colvin Woods Pkwy Tonawanda, NY 14150 $1,094,400.00 I certify that foregoing is a true and correct statement of all bids received and that John W. Danforth, Co. is the lowest responsible bidder complying with the specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with John W. Danforth, Co. for the cost thereof to be charged to the Division of Water capital bond account 53190676 in the amount of $1,094,400.00 plus 5% for approved unit prices for a total encumbrance of $1,149,120.00. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Filter Gallery Rehabilitation, Mechanical Contract, at the Colonel Ward Treatment and Pumping Plant to John W. Danforth, Co., the lowest responsible bidder, in the amount of $1,094,400.00 plus 5% for approved unit prices for a total encumbrance of $1,149,120.00. Funds for the project are available in Division of Water capital bond account 53190676. This project is being funded using Environmental Facilities Corporation low interest money. PASSED. AYES-9. NOES-0. NO. 26 REPORT OF BIDS REPAIR TO STREET PAVEMENTS - 2006 THOMANN ASPHALT PAVING CORP. ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increas Thomann Asphalt Paving Corp. $179,575.00 $ 197,532.50 56 Gunville Road, Lancaster, NY 14086 Birch Grove Landscaping & Nursery, Inc. $252,185.00 $ 270,142.50 P.O. Box 117, East Aurora, NY 14052 Amherst Paving, Inc. $291,855.00 $ 309,812.50 330 Meyer Road, Amherst, NY 14226 I hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount ors ($179,575.00 Base Bid + 10% unit price increase $17,957.50 = Total Award $197,532.50 ). Funds for this work are in CHIPS and a future account to be established after the 2006 bond sale. The engineer's estimate for this work is $ 200,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award &the contract is not made by March 18, 2006.. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repair to Street Pavements - 2006, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in the amount of $179,575.00 Base Bid + 10% unit price increase $17,957.50 = Total Award $197,532.50. Funds for the project are in CHIPS and a future account to be established after the 2006 bond sale. PASSED. AYES-9. NOES-0. NO. 27 CHANGE IN CONTRACT DELAVAN FILLMORE FIRE STATION CONSTRUCTION JOB #0433 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, Plumbing Work, L & D Johnson Plumbing & Heating, C #92010962. 1. Move pump filler ports forward 20 feet. Add $ 2,631.00 2. Install water line to refrigerator. Add $ 851.00 The foregoing change results in a net increase in the contract of Three Thousand Four Hundred Eighty Two and 00/100 Dollars ($3,482.00). Current Contract Amount $217,394.25 Amount of This Change Order (#2) $ 3,482.00 Revised Contract Amount $220,876.25 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. & Streets Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 26, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to L & D Johnson Plumbing & Heating, an increase in the amount of $3,482.00, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station, C #92010962. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED. AYES-9. NOES-0. NO. 28 CHANGE IN CONTRACT KLEINHANS MUSIC HALL RESTORATION JOB #0501 NIAGARA DISTRICT I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall, Restoration, All State Development, Inc., C #92011042. 1. Remove sealant from lintels at southwest elevation at Livingston Room. Remove and replace sealants at soldier course located at top of the wall on the southwest elevation. Add $707.32 2. Remove and replace in-kind 576 total s.f. of cork ceiling tile at north and south fire stairs. Add $10,843.52 3. Remove existing plumbing trap area and install new 3" wye and nickel bronze cleanout at southwest stair. Back fill with stone and concrete. Run 7/8" sewer cable from new cleanout to existing cleanout in fan room and from fan room to pump pit in boiler room. Add $2,971.60 3. Installation of clear silicone sealant between concrete stairs and masonry wall located at the north and south emergency exits. Add $1,383.27 The foregoing change results in a net increase in the contract of Fifteen Thousand Nine Hundred Five and 81/100 Dollars ($15,905.81). Current Contract Amount $41,300.00 Amount of This Change Order (#1) Add $15,905.81 Revised Contract Amount $57,205.81 $41,300.00 $15,905.81 $57,205.81 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lonwie Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34322206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 26, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to All State Development, Inc., an increase in the amount of $15,905.81, as more fully described in the above communication, for work relating to Job No. 0501, Kleinhans Music Hall, C #92011042. Funds for this project are available in 34322206 445100 - Division of Buildings. PASSED. AYES-9. NOES-0. NO. 29 CHANGE IN CONTRACT TITAN DEVELOPMENT - PHASE 1 SECURITY UPGRADES CONTRACT #92011027 CITY WIDE I hereby submit to Your Honorable Body the following change order for this contract. This change order is necessary to perform the following: Removal of abandoned fence post footers along D.A.R. Drive to facilitate installation of new fence. Removal of poplar tree over clearwell. Clearing and restoration of lawn area over clearwell. Demolition of existing perimeter fence along D.A.R Drive, removal of abandoned fence post footers (if required), installation of new perimeter security fence along D.A.R Drive, additional fill material and landscaping to maintain appropriate grade, installation of weeps to prevent washout of fill material. Also included under this item is work specified in Section 01270 paragraph 1.4.D. Breakdown for Item NO 2 (based on 530 ft of fence) are as follows: • Demolition and removal of existing perimeter fence: $ 5.00 per linear foot • Installation of new security perimeter fencing: $ 55.00 per linear foot • Removal of abandoned concrete footers (if required): $ 5.00 per linear foot • Remaining work (as specified in Section 01270, 1.4.D) $ 2.50 per linear foot • Fence material cost increase: $ 3,060.00 lump sum • Additional fill material, weeps, and landscaping: $ 2,500.00 lump sum 3. Repair existing fence along Amvets Drive (based on 730 ft of fence), work includes: • Re-tie existing fence fabric to existing posts, top rails and tension wires. • Replace damaged sections of top rail and tension wire. • Replace and/or repair damaged sections of fence fabric. • Re-string existing barb wire, replace with new barb wire if required. • Replace and/or repair damaged barb arms. • Align existing double swing gate to ensure proper function, and perform repairs as stated above if required. Unit Price to complete the works stated under item No. 3: $ 5.40 per linear foot 4. Provide a new 14 foot wide slide gate for the maintenance garage, located on Porter Avenue. Work under this item shall comply with the specifications for a Type 2, Class 2 slide gate installation. Work under this item shall include all necessary items required to facilitate proper function and operation of the gate including but not limited to hardware, rollers, tracks, bollards and posts. Unit Price to complete the works stated under item No. 4: $ 685.00 per linear foot 5. Provide a new 40 foot wide slide gate for the main entrance to Colonel Ward, located on Porter Avenue. Work under this item shall comply with the specifications for Type 2, Class 2 slide gate installation. Work under this item shall include all necessary items required to facilitate proper function and operation of the gate including but not limited to hardware, rollers, tracks, bollards and posts. Unit Price to complete the works stated under item No. 5: $ 500.00 per linear foot 6. Provide a new 1.5 Hp automatic gate opener (Model SL-580 manufactured by Liftmaster) for the main entrance to Colonel Ward, located on Porter Avenue. Work under this item shall include all necessary items required to facilitate proper function and operation of the main entrance gate. 7. Provide a new 1.5 Hp automatic gate opener (Model SL-580 manufactured by Liftmaster) for the main entrance to Massachusetts Avenue Pump Station, located on 1-190N. Work under this item shall include all necessary items required to facilitate proper function and operation of the main entrance gate including but not limited to concrete pad, wiring and power, loop on inside perimeter of driveway. Work shall be performed in accordance with the specifications and governing authorities. Conduit for power and controls shall be installed by the City. Item Lump Sum Extra Item NO. 1 $8,464.00 Item No. 2* $41,335.00 Item No. 3* $3,942.00 Item No. 4* $9,590.00 Item NO. 5* $20,000.00 Item NO. 6 $6,675.00 Item No. 7 $11,975.00 TOTAL* $101,981.00 Contract Amount: $ 400,092.00 This Change Order: $ 101,981.00 Total Contract $ 502,073.00 Funds are available in the account 24080456 and are part of the homeland security grant. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Titan Development. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 26, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Titan Development, an increase in the amount of $101,981.00, as more fully described in the above communication, for work relating to Phase 1 Security Upgrades, C #92011027. Funds for this project are available in 24080456 and are part of the homeland security grant. PASSED. AYES-9. NOES-0. NO. 30 ELLICOTT STREET; ELEVATED PEDESTRIAN BRIDGE WITHIN CITY RIGHT OF WAY (ELLICOTT DISTRICT) Mr. Matthew K. Enstice, Executive Director of Buffalo Niagara Medical Campus, has requested permission to encroach City right of way with an elevated pedestrian bridge connector over Ellicott Street. The proposed connector would span Ellicott Street, north of Virginia Street, and connect two existing privately owned structures, the Hauptmann Woodward Institute and the Buffalo Life Sciences Complex. The connector, which is fully enclosed and will allow pedestrian movement between the two buildings, would be approximately 100' long, 13' wide and a minimum of 15' above the pavement of Ellicott Street. The proposed encroachment would consist of the previously described elevated bridge enclosure and (4) structural columns to support the bridge located in the Ellicott Street right of way. A rendering of the structure and supports is attached. This pedestrian bridge connector was approved by the Planning Board on December 6, 2005. This department has no objection to this request provided the following conditions are met: 1. That the applicant obtain a building permit and any and all other City of Buffalo permits necessary. 2. The structure shall comply with height/clearance requirements as stipulated by the New York State Manual of Uniform Traffic Control Devices (NYSMUTCD) and the New York State Building Code. 3. That the applicant be responsible for maintenance of the encroachment as long as it remains within City right of way. 4. That the applicant submit a construction in street bond and certificate of insurance, in amounts deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage caused by the installation, use or removal of said pedestrian bridge connector. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated February 2, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Buffalo Niagara Medical Campus, to install an elevated pedestrian bridge connector over Ellicott Street. The proposed connector would span Ellicott Street, north of Virginia Street, and connect two (2) existing privately owned structures, the Hauptmann Woodward Institute and the Buffalo Life Sciences Complex. The connector, would be approximately 100' long, 13' wide and a minimum of 15' above the pavement of Ellicott Street and four (4) structural columns to support the bridge located in the Ellicott Street right-of-way, subject to the conditions as listed above. PASSED. AYES-9. NOES-0. No. 31 Elmwood Avenue; Granite markers in sidewalk (Niagara/Delaware/North District) Mr. Charles L. Griffasi Sr., of the Allstar Sports Council Inc., a nonprofit organization, has requested permission to install granite markers in the sidewalk area on Elmwood Avenue. The markers would commemorate people in the visual and performing arts who have brought recognition to Buffalo. The names of these people would be engraved in a 12" x 12" piece of granite 3/g, thick, with a honed finish, which is then recessed in the sidewalk flush. These granite markers would be made and installed by Despirt Mosaic and Marble Co. and be located on Elmwood Avenue between the Albright Knox Art Gallery and Summer Street. The Department of Public Works, Parks and Streets has reviewed this request and has no objection to the installation of these markers provided the following conditions are met: 1. That each location be individually approved by the Division of Engineering prior to installation. 2. That the granite markers are installed flush with the existing sidewalk and present no tripping hazard. 3. That the granite markers are not placed in the main public sidewalk. 4. That the Allstar Sports Council obtain permission from affected abutting property owners. 5. That the Allstar Sports Council be responsible for maintenance of the granite markers and affected sidewalk as long as they remain within city right of way. Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated February 2, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Allstar Sports Council Inc., to install granite markers in the sidewalk area on Elmwood Avenue. The names of people would be engraved in a 12" x 12" piece of granite /4" thick, with a honed finish, which is then recessed in the sidewalk flush and these granite markers will be located on Elmwood Avenue between the Albright Knox Art Gallery and Summer Street, subject to the conditions as listed above. PASSED AYES – 9 NOES – 0 NO. 32 GRASS CUTTING INVOICE TRANSFERS In accordance with Chapter 341, Article I of the City Ordinance, I am herewith attaching a list of parcels of land in the City of Buffalo ,owners or persons having charge of such lands and the cost of cutting grass, weeds on these properties by the Department of Public Works, Parks & Streets, Division of Streets during the months of June through October 2005. The Department of Public Works, Parks & Streets, Division of Streets is requesting that the following invoices be abated and the Commissioner of Assessment places the charge(s) on the Local tax rolls. 2006 Total - $37,750.00 REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 33 CERTIFICATE OF APPOINTMENT APPOINTMENT DATE JANUARY 19, 2006 TO THE DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS DIVISION OF BUILDINGS TO THE TITLE OF ELECTRICIAN AT MAXIMUM, PERMANENT STARTING SALARY $31,838 RICHARD L FONTANA 1809 NIAGARA ST BUFFALO, NY 14207 REFERRED TO THE COMMITTEE OF CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 34 Amendment to Enforcement of Illegal Dumping Ordinances - July 2005" [Item #151, C.C.P. April 13, 2004:] The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances: RECEIVED AND FILED NO. 35 Drug Asset Forfeiture Wire Transfers Item No. 104, C.C.P. 2/2/88 03-DEAM22916 C2-03-0138 $11,718.77 05-DEA-452645 C2-05-0093 1,779.98 05-DEA452655 C2-05-0093 339.48 05-DEA-454869 C2-05-0001 1,384.96 05-DEA-454759 C2-05-0001 1,204.96 05-DEA-448992 C2-05 -0072 1,165.09 05-DEA-454643 C2-05-0001 5,541.96 05-DEA-454649 C2-05-0001 1,384.96 05-DEA-456422 C2-05-0133 1,583.89 TOTAL $ 26,104.05 The Drug Enforcement Administration (DEA) 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. These funds will be placed into one or more of the following accounts as deemed 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 If you have any questions regarding the above mentioned, please contact Chief Richard Ortiz at 851-5181. REFERRED TO THE COMMITTEE ON FINANCE. NO. 36 Enforcement of Noise Ordinances [Item #151, C.C.P. April 13, 2004:] The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of noise ordinance citations and adjudications: December, 2004 Total: 3 December, 2005 Total: 16 RECEIVED AND FILED NO. 37 Exempt Appointments - Page 1 We are requesting that this correspondence be filed as a matter of information only. Below is a list of individuals being appointed to the following exempt positions effective February 1, 2006: Commissioner of Police - H. McCarthy Gipson 72 Northington Drive E. Amherst, NY 14015 Deputy Police Commissioner - Daniel Derenda 12 Dover Street Buffalo, NY 14212 Deputy Police Commissioner - Byron C. Lockwood 151 Eggert Road Buffalo, NY 14215 Chief- James P. Shea 203 McKinley Parkway Buffalo, NY 14220 Exempt Appointments - Page 2 We are requesting that this correspondence be filed as a matter of information only. Below is a list of individuals being appointed to the following exempt positions effective February 1, 2006: Chief- Dennis J. Richards 210 Woodbridge Buffalo, NY 14214 Chief- Marcia C. Scott 17 Lennox Avenue Snyder, NY 14226 Chief- Donna M. Berry 380 Richmond Avenue Buffalo, NY 14222 Chief(retaining current title) - Arturo Salas 297 West Avenue Buffalo, NY 14201 RECEIVED AND FILED NO. 38 CERTIFICATE OF APPOINTMENT START DATE JANUARY 20, 2006 IN THE DEPARTMENT OF POLICE AT THE MAXIUM PERMANENT SALARY $66,315 DAVID STABLER 277 PAVEMENT RD LANCASTER NY 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 39 Delegate nomination to the Buffalo Elevator Safety Review Board councilmatic district) N/A Pursuant to the powers vested in me in accordance with Buffalo Code Section §167-3, I Richard M. Tobe, Commissioner of the Department of Economic Development & Permit and Inspection Services hereby nominate the following individual as my delegate. Who shall serve in my absence on the City of Buffalo Elevator Safety Review Board. DELAGATE APPOINTMENT TO CITY OF BUFFALO ELEVATOR SAFETY REVIEW BOARD Joseph L. Schiavone The City of Buffalo's Supervisor of Elevator Inspections for the passed 19+ years, Mr. Schiavone resides at 14 Allenhurst Road, Buffalo, New York 14214. REFERRED TO THE COMMITTEE ON LEGISLATION AND DIRECTOR OF COLLECTIONS NO. 40 Food Store License 115 Englewood (University) 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 t 15 Englewood and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Permit and Inspections Services dated January 27, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ziad Nasser, located at 115 Englewood. PASSED AYES – 9 NOES –0 NO. 41 Food Store License 1126 Genesee (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 1126 Genesee and, find that as to form is correct. I have caused an investigation into the promises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Permit and Inspections Services dated January 27, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Saleh Muthana, located at 1126 Genesee. PASSED AYES – 9 NOES 0 NO. 42 FOOD STORE LICENSE 1733 GENESEE ( 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 1733 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Permit and Inspections Services dated February 2, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohsin Ali, located at 1733 Genesee Street. PASSED AYES – 9 NOES – 0 NO. 43 Food Store License 407 Plymouth (Niagara) 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 407 Plymouth and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Permit and Inspections Services dated January 6, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Petty Aldik, located at 407 Plymouth. PASSED AYES – 9 NOES – 0 NO. 44 Used Car Dealer 880 Fillmore (Fillmore) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 880 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used ear dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Muhannad Abdellatif. The attached thereto for Muhannad Abdellatif d/b/a Quality Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Permit and Inspections Services dated January 13, 2006, be received and filed; and That the Commissioner of Permit and Inspections Services be, and he hereby is authorized to deny a Used Car Dealer license to Muhannad Abdellatif d/b/a Quality Auto Sales, 880 Fillmore Avenue. DENIED NO. 45 Used Car Dealer 917 Genesee St (Fillmore) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 917 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Myron Lane. The attached thereto for Myron Lane d/b/a My-Way Motors. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Permit and Inspections Services dated January 30, 2006, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Myron Lane d/b/a My-Way Motors, located at 917 Genesee Street. PASSED AYES – 9 NOES – 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 46 General Fund Gap Sheet - Second Quarter 2005-06 Attached please find the City's General Fund gap sheet for the second quarter of Fiscal 2005-06 as submitted to the Buffalo Fiscal Stability Authority. Please accept this in satisfaction of the Charter requirement that I file a gap sheet with the Common Council within 45 days of the close of the quarter. The gap sheet projects a $3.26 million operating deficit, on a budgetary basis, for the 2005-06 fiscal year ending June 30, 2006. I have delivered a copy of the report to each Council office. Gap reports from the Board of Education, Buffalo Urban Renewal Agency (BURA), Buffalo Municipal Housing Authority (BMHA) and the Joint Schools Construction Board are also contained within the document. I hope this gap sheet informs the Council on the current status of city finances. As always, I am available to meet with the Common Council to discuss the gap sheet in greater detail. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 47 Annual Staffing Report As you are aware, the City Charter requires an annual report by the Personnel Division of the Human Resources Department on the staffing levels of City departments. The report is to be delivered prior to the end of January each year. Currently there are several changes which are occurring within the City of Buffalo including staffing of various departments. The Department of Human Resources is working with the new administration in its efforts to restructure many of the present departments. In order to more clearly address the Charter's mandate and with your concurrence, I would like to request postponement of the report until such time as the changes are more defined. At that time, the Department of Human Resources will be in a better position to accurately make recommendations in regards to the reduction of the City's workforce. Presently the Commissioner of Human Resources has been working on broad banding that will aid greatly in consolidating positions and ultimately lead to cost saving measures. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY NO. 48 BUFFALO SEWER AUTHORITY SINGLE SOURCE & SOLE CONTRACTS AUDIT UPDATE TO JULY 2005 ITEM #7, C.C.P. DECEMBER 27, 2005 In response to your letter of 1/17/06 regarding the Buffalo Sewer Authority's single and sole source contracts, I have attached the following: 1. The Board's approval of specific single and sole source vendors for fiscal year 2005-2006. 2. The list of vendors in each case. 3. Plant personnel's explanation for single and sole sourcing. I was just appointed General Manager on January 11, 2006, and I am in the process of changing old and instituting new policies for many facets of the Authority's operation including: single and sole source contracts, change orders, and award of bids. I intend to speak with Deputy Comptroller Belliotti and address these issues with him. Should you have any questions, please contact me at 851-4664. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK\ NO. 49 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners’ Name 163 Lewis St. Lewis St. Grill Inc. Tina M. Lopez 1264 Hertel Ave. Filippo’s Restorante Group, Inc. Maro Group, Inc. RECEIVED AND FILED. NO. 50 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Assessment and Taxation-Ronald Wachowski Public Works, Parks & Streets-Deborah Kader Police-Michelle Rowe, Leona Flowers Fire-Christopher Moore Corporation Counsel-Darryl McPherson, Lenora Foote Community Services-Charmaine Fagan RECEIVED AND FILED. NO. 51 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. PUBLIC WORKS, PARKS AND STREETS Appointments Effective January 20, 2006 in the Department of Public Works, Parks and Streets to the positions of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $8.15/hr. Antonio M. McKinney 216 Koons Avenue Buffalo, New York 14211 William A. Molson 383 Perry Street Buffalo, New York 14204 Appointment Effective January 30, 2006 in the Department of Public Works, Parks and Streets to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $8.15/hr. Michael T. Zybala 345 Roesch Avenue Buffalo, New York 14207 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 52 BICYCLE PEDESTRIAN ADVISORY COMMITTEE I ask your consideration to appoint me to the Bicycle/Pedestrian Advisory Committee. I have extensive experience in practical applications for planing and design of safe accommodation for pedestrians and cyclists. I understand that walking and cycling contributes to a progressive city and has considerable health benefits. Providing safe accessible facilities contributes to both the quality of life of the City and the health of the citizens of Buffalo. In addition to being e life long cyclists accomplishing several solo long distance bicycle trips, I have planned and lead group bicycle tours, served as ride director for the New York Ride Across the State for 8 years and Erie Canal Bike Tour. am an American Youth Hostel certified Bicycle Tour Leader and have served on several bicycle committees in Buffalo and Western New York. I was a founding member of the well respected Pedestrian/Bicycle Advocacy organization called BIKE WNY. I have good research and writing skills and have done considerable research into the design and implementation of Bicycle/Pedestrian facilities. Attached is the Sidewalk Snow Clearance Plan I co authored. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 53 J BOOTH BICYCLE PEDISTRIAN ADV BD Please allow this email to serve as my letter of intent to participate in the Bicycle Pedestrian Advisory board. This has been of interest to me both professionally and as a Buffalo citizen. I believe I am qualified to participate on this board because of the many projects that I am currently working on for the City of Buffalo in this area. My experience includes: I live in the West Village located in downtown Buffalo and walk my daughter to school and myself to work everyday. I drafted the advisory board legislation for Council member Coppola. I was the primary author on a grant to the NYS Department of State, Quality Communities Program, to develop the Healthy Infrastructure for Queen City Livability; an infrastructure analysis, evaluation and improvement plan that will focus on downtown Buffalo to support livability through pedestrian, bicycle and transit access. I have created and facilitate the Buffalo Blue Bicycle initiative. (www.BuffaloBlueBicycle.org < httD://www, buffaloblu ebicycle.org/>) I have partnered with Parks & Trails New York on their Healthy Trails Healthy People program across the state. I facilitate the New York State Partnership for Walk Our Children to School. I have been trained by the Pedestrian & Bicycle Information Center (PBIC) to deliver the National Safe Routes To School course. (www.saferoutesinfo ore <httD://www.saferoutesinfo.org/>) As shown above, my personal ambitions mesh with my professional ones and feel I can further serve the city I live in through my participation on this board. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 54 B. DURFEE BICYCLE PEDISTRIAN ADVISORY BOARD As Suzanne Spinks and I mentioned to you on Friday last week, we would both like to be considered for membership on the newly formed bicycle/pedestrian advisory group. Both Suzanne and I have put a great deal of time and effort over the last 10 years into trying to make Buffalo more pedestrian-friendly for the 40% of city residents who do not drive. We are both knowledgeable about the efforts of other cities to make more walkable sidewalks and have proposed a number of ways in which the city could address the problem. We are also both year-round bicycle commuters and so can advise on bicycle issues, as well. Note that I am interested in all aspects of alternative transportation advocacy and I am largely responsible for the fact that Buffalo State, Canisius, Medaille, Bryant and Stratton have unlimited access student bus pass programs. I proposed this for Buffalo State in 1997 and did most of the initial work on interesting the colleges and the NFTA in developing the program. I hope you agree that we should both serve on the bicycle/pedestrian committee. Sincerely, Bill Durfee REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 INFO SALE OF 50 COURT STREET As the owner of the Statler Building, I have been following with interest the City's contemplated development of 50 Court Street and the proposed sale of the parcel to Ellicott Development Companies. By allowing the construction of a 335,000 square foot office building that would provide a mere 138 parking spaces, less than one half the number required by Code, the City would simply exacerbate the chronic shortage of parking that already exists in the downtown core. In striking contrast to Ellicott's proposed project, the recently complete290,000 square foot d Niagara Center at 130 S. Elmwood Avenue provided over 500 parking spaces for its tenants and visitors. I read that an alternate plan was submitted by Patrick Hotung to acquire both 50 Court Street and the Fernbach ramp so that the ramp could be expanded to add 600 new public parking spaces. Given the history of long, slow moving waitlists at both the Fernbach and the Main Place parking ramps and the several hundreds of thousands of square feet of vacant space in the downtown core, it would make much more sense for the City to encourage and assist in the development of infrastructure enhancements such as parking. The costs associated with maintaining and preserving downtown's historic landmark buildings such as the Statler Building, the Liberty Building and the Guaranty Building are extremely high as compared with new buildings. Moreover, the Statler presently has significant vacancy issues, as does the Liberty Building and the Main Place Mall. Rather than compete with us by subsidizing new buildings by way of an artificial saleprice, I would strongly urge you to consider what the City can do to work with us to fill our buildings. When it comes to attracting and keeping tenants, parking is absolutely critical. The last thing Buffalo needs is another subsidized office building to compete with those of us who are working to preserve Buffalo's rich architectural heritage. Very truly yours, NORTHSTAR DEVELOPMENT CORP. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 56 BFSA YEARLY REPORT "Working with you, working for you" more strategic locations throughout the City, enabling the closure of certain obsolete facilities. The following actions were taken in 2004-05: As a condition of receiving $19.1 million in deficit financing assistance from BFSA in 2004-05, the City adopted sufficient recurring and non-recurring measures to close a baseline gap of $49.6 million. The School District similarly closed its baseline gap of $39.1 million. The City shifted its employees to a single health insurance carrier, generating significant first-year savings. While more than $6 million in savings had been budgeted from the initiative, the City saved in excess of $10 million and experienced one of its lowest year-to-year premium rate increases in recent history. BFSA facilitated Common Council approval of the use of on-hand reengineering monies as the lowest cost strategy to begin implementation of the City's fire department restructuring plan. The plan includes the construction of five new strategically-located city firehouses and expansion of another. BFSA also approved the initial twelve contracts for construction of the first three fire stations as part of the City's fire reengineering initiative. The decision to use on-hand funds avoided as much as $3.5 million in interest costs had the initiative been funded through capital bonds. BFSA convened a meeting of the Common Council, Erie County Water Authority and Buffalo Water Board in February 2005 in an attempt to facilitate a sale of the City's water system, defease approximately $120 million in outstanding water debt, and take advantage of over $50 million in low-cost financing through the State Environmental Facilities Corporation. Brings through this opportunity unfortunately were forfeited when the Common Council failed to bring the measure to public referendum: -~ The City's nationally-recognized park system was successfully consolidated with Erie County, generating $3.4 million in first-year savings to Buffalo. The City designated a $15.6 million spin-up in State aid to cover the costs of debt service incurred through BFSA deficit financing, as well as BFSA's operating expenses through 2006-07. The School District continued to reduce its facilities portfolio, terminating two leases and permanently closing three schools. The Buffalo Municipal Housing Authority shifted its employees to a single health insurance carrier, anticipating $0.6 million in recurring annual savings. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 57 RE: GRAFFITI PROBLEM I have received your letter(attached) regarding my problem with graffiti that is becoming a constant problem on Elmwood Ave. As your letter states, you have been told about a company that deals with graffiti removal, which will remove the graffiti on the side of my building for $220. Your letter further states that if I am unable to pay the full $220 at this time, there are some Elmwood Ave business owners who may be willing to chip in. I appreciate your help with this growing problem. I will pay the full $220 myself to have the graffiti removed. I spoke to the person whom you recommended and I was told that th the graffiti will be cleaned off my building on January 24if the weather cooperates. However, Councilman Coppola, just removing the graffiti is not going to stop the person(s) from destroying Elmwood Ave. I have already removed graffiti from my building on two different occasions over the past year. It is a problem all along Elmwood Ave. that requires cooperation from the City. I request that you take some action to prevent this ongoing problem. If you don't, the City of Buffalo will continue to see more vacant buildings! We can't allow our neighborhoods to be destroyed! Building owners can clean up their buildings, but, they can't clean up the scum who is causing the problem! Police presence must be improved, not just during the day, but also at night when the problems are more frequent. Your help regarding this is appreciated not just by me, but by all Elmwood business and real estate owners. I always hear about money that needs to he spent to improve the City. Well, if some is spent to keep it from being destroyed, less will have to be spent for improvements. RECEIVED AND FILED NO. 58 RE: GRAFFITI ON CITY OF BUFFALO STREET SIGNS Graffiti has become a rapidly growing problem in our community. As a result, numerous street signs, such as stop signs, parking signs, street name signs, etc., have been delved with graffiti. In discussions with members of the Buffalo Police Department, they informed me that many of these markings are to indicate gang activity or mark gan; territory. I am requesting that your department make replacing any signs that have been deferred by graffiti a HIGH PRIORITY. Graffiti has many negative effects on a community, told it is imperative that it is removed as quick as it goes up. Please contact my office regarding this matter. Mare A. Coppola Couneilmember REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 59 VIOLET REALTY Our firm represents and represented Elicit Development Company, LLC in the above-entitled matters. Our client has requested that we provide an opinion as to whether any additional or new review of the project is required under the State Environmental Quality Review Act, ECL Article 8 and 7 NYCRR Part 617 ("SEQRA") prior to the City Common Council approving the land disposition or sale agreement associated with it. As you can see below, not only is further review of actions related to this project under SEQRA not required, but to do so would also be improper and illegal. First, the Common Council is bound by BURA's negative declaration under the SEQRA regulations themselves. The regulations implementing SEQRA (6 NYCRR Part 617) provide procedures for the designations of lead agencies when, such as in our case, there were two or more agencies involved in the project approvals. 6 NYCRR § 617.2(u) defines "lead agency" as "an involved agency principally responsible for undertaking, funding or approving an action, and therefore responsible for determining whether an environmental impact statement is required in connection with the action, and for the preparation of filing of the statement if one is required." As an agency transferring the property that is part of this proposed development, BURA was clearly an involved agency pursuant to the provisions of SEQRA 6 (see NYCRR §617.2(s)) and the agency principally responsible for the project. Moreover, City Code regulations ~ that BURA act as a lead agency for the City when more than one City agency is involved in approval of an action. Buffalo City Code Section 168-7(1). BURA was properly designated lead agency. The negative declaration issued by BURA for this matter is automatically binding on all other agencies that have jurisdiction over approval of the project. §§617.6(b)(3)(iii) and 617.2(s). The negative declaration is, therefore, binding on the City of Buffalo, the Common Council, or any other agency involved in approving all or a portion of the project, including land disposition. Second, the Common Council is bound by BURA's negative declaration under the doctrines of collateral estoppel and resjudicatesince all of issues related to the SEQRA review of this project (lead agency solicitation or designation, the determination of significance, or any other procedural or substantive issue under SEQRA) have now been definitively resolved through contested litigation. The doctrine of collateral estoppel, or "issue preclusion" bars relitigation of issues of ultimate fact where issues have been determined by a prior, valid final judgment. Fuehsberg ~ Fuchsberg v. Galizia, 300 F.3d 105, 109 (2d Cir. 2002); R.S.~L Leasing Corp. v. Michelin Tire Corp., 92 A.D.2d 914, 460 N.Y.S.2d 129 (2d Dep't 1983). The doctrine precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party, or those in privity with that party, regardless of whether the tribunals or causes of action are the same. Ryan v. New York Telephone Co., 62 N.Y. 2d 494, 478 N.Y.S..2d 823,467 N.E.2d 487 (1984); Reiss v. Maynard, 129 th A.D.2d 999, 514 N.Y.S. 2d 309 (4Dept. 1987). In other words, material facts or questions which were in issue in a former action, and were admitted or judicially determined there, are conclusively settled by a judgment rendered therein, and may not be litigated again in a subsequent action. Good Health Dairy Products Corporation v. Emery, 275 N.Y. 14, 9 N.E.2d 758 (1937); Lippman v. State, 83 A.D.2d 700, 442 N.Y.S.2d 598 (3d Dep't 1981);/n re Clarkson, 186 A.D. 575, 174 N.Y.S. 616 (3d Dep't 1919) aff'dwithout opinion, 227 N.Y. 599, 125 N.E. 914 (1919); Neulist v. Nassau County, 108 Misc. 2d 160, 437 N.Y.S.2d 239 (S. Ct. 1981), order aff'd without opinion, 88 A.D. 2d 587, 450 N.Y.S. 2d 762 (2d Dep't I982). Collateral estoppel, also referred to as "issue preclusion" involves the question whether disputed legal or factual issues have been conclusively determined in a prior action, the general rule being that when an issue of act or law is actually litigated and determined by a valid and final judgment and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties whether on the same or on a different claim. Brown v. Lockwood, 76 A.D.2d 721,432 N.Y.S.2d 186 (2d Dep't 1980). And, even if the Court does not explicitly address the issue involved, its decision will nonetheless have preclusive effect with regard to that issue if resolution of the issue was by necessary implication contained in that which was decided. Fuehsberg at 109. The doctrine of collateral estoppel is intended to reduce litigation and conserve the resources of the court and litigants and is based on the general notion that it is not fair to permit a party to relitigate an issue that has already been decided against it. Juan v. Cortines, 89 N.Y.2d 659, 657 N.Y.S.2d 581,679 N.E.2d 1061 (1997). The SEQRA process completed for this project was reviewed and approved by the Supreme Court (Hon. E. Fahey, J.S.C.), the Fourth Department, and the Court of Appeals and no further issues related to the appropriateness of the SEQRA process for this specific project can now be made or asserted. Copies of the decision of the Court below and the Appellate Division, Fourth Department decisions are enclosed (the Petitioner's Motion for Permission for Leave to Appeal to the Court of Appeals was denied with costs). On the specific issue of lead agency designation, the Court, in Index No. 2004-1978, held, on May 13, 2004, that: Buffalo City Code Section 168-7(1) automatically designates the Planning Board as the lead agency for Type I and unlisted actions directly undertaken by the City or cases where more than one city agency is involved in permits or approval. The property here is partially owned by Respondent Urban Renewal Agency and partially owned by Respondent Ellicott. The project is not one directly undertaken by the City. The Urban Renewal Agency is not a city agency, but a separate entity. Petitioner Violet Realty has not demonstrated that approval of more than one City agency occurred here. There is nothing to suggest that Respondent Urban Renewal Agency could not be designated as lead agency. (Thus distinguished from This Order was not appealed from. The Fourth Department, ~n fact, later expressly Price). approved the entire SEQRA review process for the project. Decisions enclosed. See These determinations approving the manner in which the SEQRA process was completed for this project have been fully litigated and resolved and cannot now be the subject of relitigation or determination. Third, the Common Council is bound by BURA's negative declaration because it is simply too late, as a matter of law, to challenge further any of the SEQRA determinations related to the project itself. The four-month statute of limitations found in CPLR Section 217 to bring an Article 78 proceeding challenging any SEQRA determination related to this project commenced upon the issuance of BURA's negative declaration, an event that occurred here over eighteen (18) months ago. If the Common Council had any issues related to the SEQRA procedure undertaken for this project (SEQRA procedure for lead agency solicitation or designation, the negative declaration, etc.), it is simply too late in the day to challenge and the negative declaration is binding upon the Common Council as a result. Long Island Contractors Ass 'n v. Town of Riverhead, 17 A.D.3d 590 (2d Dept. 2005). Regardless, it would also seem a bit disingenuous for the Common Council to claim any lack of knowledge of these proceedings. The record is replete with references to Common Council involvement: letters from specific council members, representation by Corporation Counsel, letters from and to the City's Permit and Licenses office and Office of Strategic Development, and other evidence of knowledge and involvement. As a result, the Common Council is bound by the negative declaration issued by BURA for the project (1) under the specific requirements of the SEQRA regulations binding all approving agencies to the negative declaration issued by the lead agency in coordinated SEQRA review; (2) by the doctrine of collateral estoppel and resfltdicatasince the appropriateness of the procedure and substance of the review of this project under SEQRA has been litigated and affirmed; and (3) any challenge to the SEQRA process (including lead agency solicitation and designation or other SEQRA issues) is now time-barred under CPLR Section 217. There is no question, m our opinion, that the SEQRA process was properly completed for this project, the negative declaration issued is binding upon the City and any other approving agency, and that these determinations are binding under the doctrines of collateral estoppel and The Common Council is, therefore, bound by those resjudicata. determinations and cannot reopen or require new SEQRA review for any land disposition approval for this project. Thank you for your kind attention and please contact me if you have any questions. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 60 TRAFFIC SIGNALS REGIONALISM SHARED MUNICIPAL SERVICES Enclosed you will find a letter sent to the former mayor about traffic signals and about our two cities working together in the interest of regionalism Also, I am sending you a fax update sent to me by NYCOM. Circled you will see the incentives for shared municipal services. I feel it is important that our communities attempt to work together to better the lives of our people. When I spoke to you earlier this year we agreed to discuss this further. Now is the time to better our two cities. I will ask you to pick a date and time to meet to discuss this further. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 61 50 COURT STREET PROJECT OUR FILE NO. 11-284 Violet Realty, Inc. submitted a proposal for the purchase of the Fembach Ramp and expansion of the available parking through the redevelopment of 50 Court Street. The redevelopment of 50 Court Street to expand the parking available at the Fernbach facility, is in the best interest of the entire community as opposed to a single privileged developer. The financial analysis shows that the City would generate an 19 Million Dollars over the next fifteen years in realized revenues. The additional parking will be available to additional secure the future of historic buildings such as the Liberty Building, the Guaranty Building, the Statler Towers, etc. The additional parking can also facilitate convention business. We have considered the concept of a tunnel running under Court Street directly to the Convention Center as well as an overhead walkway from the Fernbach Ramp into the Main Place Mall. If those two connections were developed, the City would have an above and underground system of connections running all the way from the Ausberger Ramp through the Key Towers, the Hyatt Hotel, the Convention Center, the Fernbach Ramp, the Main Place Mall and Tower, to the AM&A's and Rath Buildings. These types of indoor connections have proved very positive in northern cities such as Minneapolis and Toronto. Buffalo would benefit from this project far beyond the Court Street site. As you are aware, the current federal courthouse will eventually be vacated in favor of a new building. When that old courthouse comes on line for reuse, where will the parking be? The courthouse is surrounded by public streets; there is no other parking facility nearby except for the Fernbach Ramp. The area of the City where the courthouse is located has a significant parking deficit. How will we ever find a reuse for that building if we cannot supply the necessary and required parking? We request that the Common Council require, as is your right under General Municipal Law, that the site put out to bid, not only in terms of the price paid for the lot, but also in terms of the development. This central asset of the City has never been put out for a public bid in terms of price or use. We urge the Council President David A. Franczyk February 2, 2006 Common Council to consider that it is in the best interest of the citizens of Buffalo to be sure that all assets, including the 50 Court Street parcel, are utilized in a way that will benefit the entire City and not a single privileged developer. There are a number of procedural and substantive errors in this process involving both the application of General Municipal Law and the State Environmental Quality Review Act as well as the City's own rules and ordinances. If the process proceeds forward on its current status there will inevitably be litigation, delay and costs incurred. Violet Realty Inc appreciates the opportunity that they have been given by a number of Council Members to meet and discuss this issue. Our feeling, leaving those meetings, was that there is a positive openness among many members of the Council to consider this project in the light of what is best for the citizens of the City of Buffalo. We hope that that feeling is expressed in action by the Common Council that will open the process on this and other projects in the City such that the citizens can see what is happening and the Common Council and its members will be accountable to those residents for the decisions that are made. We ask that you schedule a public hearing on the redevelopment of this site as a very important asset of the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC DEVELOPMENTS, PERMITS AND INSPECTIONS NO. 62 NYS SEX OFFENDER REGISTRATION ACT The City Council of the City of Batavia adopted the enclosed Resolution at its regular meeting on September 12, 2005 in support of amending the Sex Offender Registration Act and has requested that a copy be sent to State Officials as well as the New York State Conference of Mayors and Municipal Officials. The City Council is requesting your support in passing a similar resolution, if you have not already done so. RESOLUTION SUPPORTING A CHANGE TO NEW YORK STATE'S SEX OFFENDER REGISTRATION ACT WHEREAS, New York State's Sex Offender Registration Act was signed by Governor George E. Pataki in July 1995, and became effective on January 21, 1996; and WHEREAS, New York State's Sex Offender Registration Act requires registration as a sex offender upon a conviction of a listed offense or a conviction for an attempt to commit a listed offense; and WHEREAS, New York State's Sex Offender Registration Act does not prohibit sex offenders registered under the Act from living in close proximity to facilities where children congregate (i.e. schools, playgrounds, parks, youth centers, registered day care centers, etc.). NOW, THEREFORE, BE IT RESOLVED, that the Batavia City Council hereby calls upon Governor Pataki and the New York State Legislature to amend the Sex Offender Registration Act to prohibit Level 2 and Level 3 sex offenders from living within a minimum of one half of one mile to schools, playgrounds, parks, youth centers, registered day care centers, etc.; and BE IT FURTHER RESOLVED, that the Batavia City Council hereby requests that City Manager, Matthew W. Coppler, forward to all New York State Cities and the New York Conference of Mayors and Municipal Officials a copy of this Resolution proposing a change to the Sex Offenders Registration Act; and respectfully require their support. STATE OF NEW YORK COUNTY OF GENESEE To." CITY OF BATAVIA I hereby certify that the foregoing is a true and correct transcript of a Resolution duly adopted by the th Fr" City Council of the City of Batavia on the 12day of September, 2005, and of the whole thereof. Dated at Batavia, NY, January 23, 2006 Heidi J. Parker City Clerk, Batavia, NY RECEIVED AND FILED NO. 63 ." GRAFFITI & CITY BEAUTIFICATION - POTENTIAL PROJECT? GREETINGS: th I was reading in the January 5issue of the Rocket about your efforts to decrease graffiti in the city through fines, and (in turn) increase funds for restoration. Building on that decision, I'd like to put forward a suggestion. Focusing on the Theatre District and Allentown (both known for the arts), what about encouraging artistic endeavors akin to the Mission District in San Francisco? If you're not familiar with this area, it was once a very depressed, ugly area. Through the efforts of various youth groups, job training groups, homeless shelters, not-for-profits and volunteers like professional painters (who donate time and equipment) it's been transformed into a thriving tourist and arts center. The revitalization of downtown begins with flesh, forward thinking. Rather than seeing a symptom (graffiti), you could seize the opportunity to put needy youths and adults to work, build their life skills, and revive the City with color - replace graffiti with images that affirm life, cultural diversity, and reflect our good-neighbor motto in a creative and proactive way. I hope you find this idea of use, or minimally that it inspires something similarly positive for our City. RECEIVED AND FILED NO. 64 HOMICIDE DEPARTMENT CORRESPONDENCE We are writing this letter to solicit your office to intervene in the drive to reduce the frequency of homicides in our community. According to local police records, the city of Buffalo had 55 murders in the past year. Only 22 of which were solved, i.e., the perpetrator(s) was apprehended. These statistics do not speak well for our city. The message in the numbers is frightening. "If you commit a murder in Buffalo, 6 chances out 10 you will not get caught". This image does not bode well for our city. A homicide has the effect of destructing the fabric of many families. It often interrupts the family's income, causes grief and other socially debilitating conditions. Our organizations, as you know seeks to provide counseling, and various assistance's to families in times of the loss of a loved one due to a homicide. We are volunteers who have lost family members to violence and understand the devastation of a homicidal loss. During the past several years we have met with local authorities in an attempt to bring attention to these conditions. We have held several meetings with the Erie County District Attorney, and the Buffalo Police Department. They all seem to lend an attending ear. However, the core conditions continue. Each year we find ourselves in the same situation, ie, the homicides go unabated, the criminals get away for the most part, families still live under extreme stress when attempting to put their lives back together after a homicidal loss. We believe that the City of Buffalo can do better in its efforts to make more positive and lasting changes in the removal of these conditions. We call upon you and your colleagues to carefully examine these issues. In addition of those outlined above, we call your attention to the following: 1. We have learned that there is an often display of disrespect for family members at the scene of a murder of a family member. We believe that the responding police officers and other officials at the crime scene could be more understanding of the conditions of emotions during such situations which would simply require a sense of humane and sensitivity toward family members. We have reports that parents of homicide victims have been treated like "common criminals" at the scene and have even been arrested while seeking information about the condition of their loved one. They, at times, have been denied the opportunity to positively identify the victim. It is our opinion that a well crafted sensitivity program could help to relieve this condition. 2. The process of death notification has become an issue of serious concern. There does not appear to be a clearly defined system in place to carry out this sensitive act at a time of obvious grief and stress. We understand that no one wants to be the bearer of "bad news". However, this often gruesome task must be performed. It should be executed in a humanely sensitive manner. We believe that a central and consistent policy would help to eliminate this condition. 3. We are aware that the investigating authorities frequently do not have access to information involving witnesses and other persons who could assist in solving some of these crimes. There are community members who possess information but refuse to reveal information for fear of retribution or being implicated in an investigation This issue speaks directly to the police department's inability to gain valuable information. The question of "witness protection" becomes critical. We believe that the 40% criminal capture rate is too low and is directly related to the inability of investigating authorities to gain necessary information. We believe that a review of the process for appointing investigative personnel should be undertaken in order to construct an investigative personnel staff which reflects the hue of the population where these investigations are conducted. 4. .It is our opinion that witnesses who have information may be more willing to come forward if he/she could feel a sense of protection and security. We believe that the solution to this issue lies within the budgetary process and should receive consideration at the appropriate time. 5. Many of our parents have never had the need to engage the investigative stages nor the prosecutorial stage. Therefore, they do not know how to access information on the status of their loss family member.. They are often left in the "dark" on these issues. They have reported incidents of callousness and complete disregard for their calls/cries for such information. We believe that a system of information should be established that would have the effect of educating family members on how to keep abreast of the stage of their member's investigations and/or court process. We understand that these are complex issues and require substantial review. We offer ourselves as a resource and are willing to assist in anyway possible. We raise them because our experiences dictate that many families have fallen into extreme and abject poverty conditions following the advent of a homicidal act against a family member. We ask that you use the full resources of your office to initiate public hearings to examine these issues to arrive at solutions to them. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE NO. 65 JEWISH FEDERATION THANK YOU LETTER To The Common Council of the City of Buffalo, New York: We applaud this resolution which acknowledges the tragedy of genocide in the Darfur region of Sudan in Africa, as well as the Common Council for taking action to call President Bush's attention to the plight of the people of Darfur. As the umbrella organization of the organized Jewish community in Buffalo, New York, we are well aware of the toll which genocide can take on a people. Our people have suffered from oppressors for centuries. We learned about genocide firsthand most horribly in Nazi Germany during World War II. Because of the experiences of our people, our worldwide Jewish community is at the forefront of the Save Darfur Coalition. We look forward to continuing to work together on this project so that the Sudanese people can live and flourish in their own land. RECEIVED AND FILED NO. 66 NOTIFICATION OF REVISION TO THE EMPIRE ZONE DEAR MR. CHWALINSKI Attached is a letter from the Commissioner of Economic Development, Charles A. Gargano, to the local Empire Zone administrator approving a revision to the Empire Zone in your area. This letter is being provided to you pursuant to Section 959 (e) of the General Municipal Law requiring that the Commissioner notify the relevant taxing jurisdictions when a revision or termination of an Empire Zone is made. If you would like further information about the Empire Zone in your area, including a description of the boundaries of the Zone, you should contact the local zone coordinator. For information about the local zone coordinator in your area, please feel free to contact our office at (518) 292-5240, or visit our website at: http://www.nylovesbiz.com/Tax and Financial Incentives/Empire Zones/default.asp. I am writing m response to your request to revise the boundaries to the City of Buffalo Empire Please be advised that your request for the revision to the City of Buffalo boundaries is approved pursuant to Section 969(c) of the General Municipal Law. The approval is effective as of January 1, 2005. A description of the zone boundaries can be found in the City of Buffalo Local Law No. 2 of 2005. Good luck in your expansion of this zone. If we may be of further assistance, please do not hesitate to contact us. RECEIVED AND FILED PETITIONS NO. 67 C. CAULFIELD, AGENT, USE 1313 MAIN ST.-OVERSIZED GROUND SIGN (ELLIEOTT) (PHONE #)(716) 876-8996 The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 68 APPOINTMENT ACCOUNT CLERK-TYPIST (INTER) (ASSESS/TAX) (ITEM NO. 18-JAN. 24, 2006) That Communication 18, January 24, 2006 be received and filed and the temporary appointment of Charmaine D. Fagan stated above at the intermediate starting salary of $28,506.00 effective on January 30, 2006 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 69 APPOINTMENT ELECTRICIAN (INTER) (PW) (ITEM NO. 23-JAN. 24, 2006) That Communication 23, January 24, 2006 be received and filed and the permanent appointment of John Leverett stated above at the intermediate starting salary of $29,096.00 effective on January 10, 2006 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 70 APPT.-POLICE LIEUTENANT (MAX) (POL) (#24, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 71 APPT.-SECRETARY TO COMM. OF HUMAN RESOURCES (MAX) (HR) (#33, 1/24) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 72 D. & R. MANKO-2006 CITYWIDE TREE BID (PW) (#22, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 73 B. DAVIS-COUNTY RENEGING ON TREE MAINTENANCE (#40, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 74 RECONSIDER ASSESSMENT OF OPEN LOTS (ASSESS/TAX) (#20, 1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 75 D & R. MANKO-2006 CITY WIDE TREE BID (RE-BID) (#52, 1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 76 R° RECONSIDER~ION OFSIG. INCR. INASSESSMENTSTO OPEN LOT(3RES. ONLY) (#110,12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 77 PROV. PROP. TAX RELIEFFOR OWNER OCCUPIED NON-HOMESTEAD PROPERTIES (#118,12/27) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 78 537 E. DELAVAN/EPA REQUEST (STRAT. PLAN.) (#7, 1/24) That the above item be and the same hereby is received and filed. ADOPTED NO. 79 APPT.-DIRECTOR OF URBAN AFFAIRS (A&F, URB. AFF.) (#30, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 80 APPOINT TANYA PERRIN-JOHNSON - COMMISSIONER OF THE DEPARTMENT OF COMMUNITY SERVICES (ITEM NO. 32, C.C.P., JAN. 24, 2006) That the appointment of Tanya Perrin-Johnson, residing at 125 William Price Parkway, as Commissioner of the Department of Community Services, be and it hereby is approved. PASSED AYES - 9 NOES - 0 NO. 81 STOP SIGN AT WADSWORTH & HUDSON STREETS (#104, 1/24) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 LOCAL LAW INTRO#4 (2006)-DEPT. OF POLICE (#112, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 83 LOCAL LAW INTRO# 15 (2006)-DEPT. OF POLICE (#5, 12/30) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 LICENSING OF PROPERTY MANGERS (ITEM NO. 115, C.C.P., NOV. 1, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the above item be the same and hereby is recommitted to the Committee on Legislation ADOPTED NO. 85 LICENSING OF PROPERTY MANGERS (PERMIT & INSP.) (ITEM NO. 42, C.C.P., NOV. 29, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED NO. 86 EXEMPTION FROM LIVING WAGE ORD.-BRAND-ON SERVICES, ERIE BASIN MARINA (MAYOR) (#1, 11/29) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 EXEMPTION FROM LIVING WAGE ORD.-BRAND-ON (LAW) (#40, 12/13) That the above item be and the same hereby is received and filed. ADOPTED. NO. 88 FAMILY WATCHDOG WEBSITE (ITEM NO. 96, C.C.P., NOV. 29, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Common Council does hereby request that the Management Information Systems develop a link on the City's home page connecting it to the www.familvwatchdog.us site; and That this resolution be referred to the Buffalo Police Department's Sex Offense Squad for any comment and also for their notification that this link will be available on the City's website as it may also serve as a tool in their work. ADOPTED NO. 89 BERN/UNIVERSAL INACTIVE HAZARDOUS WASTE DISPOSAL SERVICE (LAW) (#28, 1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 90 REQ. LAID OFF BMHA POL. OFFICERS BE GIVEN PROM. EXAM FOR BFLO. POL. OFF. (#91, 10/18 That the above item be and the same hereby is received and filed. ADOPTED. NO. 91 BMHA POLICE EXAM (HR) (#50, 11/1) That the above item be and the same hereby is received and filed. ADOPTED. NO. 92 TRAILBLAZING SIGN REQ. FOR PASTOR KENNETH WILKERSON (#172, 9/6 That the above item be and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 93 RESULTS OF NEGOTIATIONS - VARIOUS CITY LOTS - A. D. PRICE HOUSING DEVELOPMENT (ITEM NO. 12, C.C.P., JAN. 24, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council approve the transfer of 514 Jefferson Avenue from Buffalo Neighborhood Revitalization to the City. That the Common Council approves the sale and transfer of the parcels 10 to 35 on Exhibit A, as attached to Item No. 12, C.C.P., January 24, 2006, upon the terms and conditions as stated in Item No. 12, C.C.P., January 24, 2006. That the Corporation Counsel be authorized to prepare the required P.I.L.O.T. Resolution. That the Executive Director of Strategic Planning and the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED. AYES-9. NOES-0. NO. 94 E. WALKER-PUSH BUFFALO-OVERVIEW OF MESSAGE (#45, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 95 50 COURT STREET ENVIRONMENTAL REVIEW (ITEM NO. 109, C.C.P., JAN. 24, 2006) 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 Community Development. ADOPTED. NO. 96 LAND DISPOSITION AGREEMENT - 50 COURT STREET TO 1097 GROUP, LLC (ITEM NO. 103, C.C.P., NOV. 29, 2005) (ITEM NO. 81, C.C.P., JAN. 10, 2006) 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 Community Development. ADOPTED. NO. 97 DOWNTOWN RENEWAL PHASE II URBAN RENEWAL AREA - SALE OF LAND - 50 COURT STREET (ITEM NO. 5, C.C.P., NOV. 29, 2005) (ITEM NO. 82, C.C.P., JAN. I0, 2006) That the above item be, and the same hereby is retumed to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED. NO. 98 CITY OF BUFFALO'S COMPREHENSIVE PLAN (ITEM NO. 4, C.C.P., MAY 31, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above-mentioned item be and the same is hereby approved PASSED. AYES-9. NOES-0. SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO. 99 K. KELLY-ERIE CO. LEG.-NIAGARA POWER PROJECT (#42, 1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 100 NEW YORK POWER AUTHORITY (ITEM NO. 110, C.C.P., JAN. 24, 2006) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 101 By: Council member Bonifacio SET PUBLIC HEARING - AMENDMENT & ADDITIONAL SITE DESIGNATION OAK STREET URBAN RENEWAL PLAN Whereas, the City of Buffalo Common Council designated the Oak Street Urban Renewal Project area as being eligible and appropriate for Urban Renewal treatment under Article 15 of the New York State General Municipal Law on May 5, 1970, C.C.P. #170; and Whereas, the City Planning Board, conducted the required public hearing held on January 17, 2006; and Whereas, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Amendment and additional site designation to the Oak Street Urban Renewal Plan be approved only after a public hearing on due notice; and Now Therefore Be It Resolved That: 1. The City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of PublicHearing" in the Buffalo News and the City Record, no later than the 10th day of February, 2006 and; Be It Further Resolved: 2. That this Common Council will conduct a public hearing on the matter stated at 10:30 a.m. in the Council Chambers on Wednesday, February 15, 2006. ADOPTED. NO. 102 By: Mr. Bonifacio BOND RESOLUTION IMPROVEMENTS TO THE NORTHWEST CC ACCOUNT 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of improvements to the Northwest Community Center located at 155 Lawn Avenue, in the City, at the estimated maximum cost of $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 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($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 improvements to the Northwest Community Center located at 155 Lawn Avenue, 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 $200,000 as set forth in the duly adopted 2006 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, "Improvements to the Northwest CC, 2006", Bond Authorization Account No. 3000- 320, and shall be used for the specific object or purpose specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a.1 l(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, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as 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 law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED. AYES-13. NOES-0. NO. 103 By: Mr. Bonifacio BOND RESOLUTION IMPROVEMENTS TO MARCY CASINO ACCOUNT 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $140,000 General Improvement Bonds of said City, to finance the cost of improvements to Marcy Casino located at Delaware Park at Lincoln Parkway, in the City, at the estimated maximum cost of $140,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Forty Thousand Dollars ($140,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to Marcy Casino located at Delaware Park at Lincoln Parkway, 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 $I40,000 as set forth in the duly adopted 2006 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, "Improvements to Marcy Casino (Masonry), 2006", 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 $140,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a.1 1(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, within the limitations of Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as 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 law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED. AYES-9. NOES-0. NO. 104 By: Mr. Bonifacio BOND RESOLUTION IMPROVEMENTS TO THE HISTORICAL SOCIETY ACCOUNT 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City, to finance the cost of improvements to the Historical Society Building located at 25 Nottingham Court, in the City, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifl3' Thousand Dollars ($150,000), 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 Historical Society Building located at 25 Nottingham Court, 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 $150,000 as set forth in the duly adopted 2006 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, "Improvements to the Historical Society, 2006", 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 $150,000. 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 object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED. AYES-9. NOES-0. NO. 105 By: Mr. Bonifacio BOND RESOLUTION IMPROVEMENTS TO THE MUSEUM OF SCIENCE ACCOUNT 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $160,000 General Improvement Bonds of said City, to finance the cost of improvements to the Museum of Science Building located at Martin Luther King Park, in the City, at the estimated maximum cost of $160,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Sixty Thousand Dollars ($160,000), 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 Museum of Science Building located at Martin Luther King Park, 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 $160,000 as set forth in the duly adopted 2006 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, "Improvements to the Museum of Science, 2006", Bond Authorization Account No. 3000-320, and shall be used for the specific object or purpose specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $160,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a.1 l(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, within the limitations of Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED. AYES-9. NOES-0. No. 106 By: Dominic J. Bonifacio, Jr.: Bond Resolution Improvements to City-owned Libraries Account 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $180,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various Branch Libraries in the City, at the estimated maximum cost of $180,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Eighty Thousand Dollars ($180,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of various Branch Libraries in 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 $180,000 as set forth in the duly adopted 2006 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, "improvements to City-owned Libraries, 2006 , 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 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 $180,000. 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 object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES – 0 NO. 107 By: Dominic J. Bonifacio, Jr Bond Resolution Improvements to the Massachusetts Avenue Community Center Account 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City, to finance the cost of improvements to the Massachusetts Avenue Community Center located at 378 Massachusetts Avenue, in the City, at the estimated maximum cost of $300,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Thousand Dollars ($300,000), 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 Massachusetts Avenue Community Center located at 378 Massachusetts Avenue, 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 $300,000 as set forth in the duly adopted 2006 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, "Improvements to the Massachusetts Avenue Community Center, 2006", 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 $300,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a.1 l(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, within the limitations of Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES – 0 NO. 108 Mr. Dominic J Bonifacio Jr Bond Resolution Citywide Tree Planting/Removals/Trimming Account 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of removal of dead or diseased trees and the planting of new trees located throughout the City, at the estimated maximum cost of $500,000. 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 Thousand Dollars ($500,000), 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 removal of dead or diseased trees and the planting of new trees 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 $500,000 as set forth in the duly adopted 2006 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 Administration, "Citywide Tree Planting/Removals/Trimming, 2006", 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 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 $500,000. 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. 57 (1st) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES – 0 No. 109 By: Dominic J. Bonifacio, Jr.: Bond Resolution th Centennial Pool/4Street Splash Pad Account 3000-400 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $650,000 General Improvement Bonds of said City, to finance the cost of recreational area improvements to Centennial Pool located at LaSalle Park, in the City, at the estimated maximum cost of $650,000. 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 Six Hundred Fifty Thousand Dollars ($650,000), 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 Centennial Pool located at LaSalle Park, 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 $650,000 as set forth in the duly adopted 2006 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 Administration, "Centennial Pool/4Street Splash Pad , 2006", Bond Authorization Account No. 3000-400, 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 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 $650,000. 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. 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: (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, Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Passed Ayes – 9 Noes – 0 No. 110 By: Dominic J. Bonifacio, Jr.: Bond Resolution Rehabilitation of Streets/Curbs/Sidewalks (Homeownship Zone) Account 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $830,000 General Improvement Bonds of said City, to finance the cost of removal of dead or diseased trees in the area bounded by Cherry Street, Adams Street, Seneca Street and Michigan Avenue, in the City, at the estimated maximum cost of $830,000. 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 Thirty Thousand Dollars ($830,000), 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 removal of dead or diseased trees in the area bounded by Cherry Street, Adams Street, Seneca Street and Michigan Avenue, in 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 $830,000 as set forth in the duly adopted 2006 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 & Administration, "Rehabilitation of Streets/Curbs/Sidewalks (Homeownship Zone), 2006", 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 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 $830,000. 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. 57 (1st) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES – 0 NO. 111 By: Dominic J. Bonifacio, Jr.: Bond Resolution Improvements to City-owned Building/Facilities (Citywide) Account 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement Bonds of said City, to finance the cost of improvements to City-owned Building/Facilities located throughout the City, at the estimated maximum cost of $1,000,000. 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 One Million Dollars ($1,000,000), 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 the improvements to City-owned Building/Facilities 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 $1,000,000 as set forth in the duly adopted 2006 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, "Improvements to City-owned Building/Facilities (Citywide), 2006", 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 objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,000. 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 object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. No.112 By: Dominic J. Bonifacio, Jr.: Bond Resolution School Site Acquisition & Improvements for East High School Account 3998-970 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 School Bonds of said City, to finance the cost of land acquisition and related improvements for P.S. 307, East High School at 820 Northampton Street, in the City, at the estimated maximum cost of $1,000,000. 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 School Bonds of said City in the principal amount of One Million Dollars ($1,000,000), 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 land acquisition to expand the existing site for P.S. 307, East High School at 820 Northampton Street, in the City, including parcels listed in the attached Exhibit A, together with site demolition and infrastructure improvements. 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 $1,000,000 as set forth in the duly adopted 2006 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, "Site Acquisition & Improvements for East High School, 2006", Bond Authorization Account No. 3998-970, and shall be used for the objects or purposes specified in Section 1 of this resolution .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,000. 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 objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes 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. EXHIBIT A FOR SCHOOL 307: (EAST HIGH SCHOOL) 21FOUGERON 1223 FILLMORE 768 NORTHAMPTON 25FOUGERON 1235 FILLMORE 770 NORTHAMPTON 29FOUGERON 1247 FILLMORE 774 NORTHAMPTON 31FOUGERON 1251 FILLMORE 778 NORTHAMPTON 1257 FILLMORE 780 NORTHAMPTON 1261 FILLMORE 782 NORTHAMPTON 1267 FILLMORE 786 NORTHAMPTON 1269 FILLMORE 790 NORTHAMPTON Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES – 0 NO. 113 By: Dominic J. Bonifacio, Jr Bond Resolution Improvements to City Parks Account 3000-400 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,100,000 General Improvement Bonds of said City, to finance the cost of recreational area improvements to various City parks, at the estimated maximum cost of $1,100,000. 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 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 One Hundred Thousand Dollars ($1,100,000), 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 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 $1,100,000 as set forth in the duly adopted 2006 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 Administration, "Improvements to City Parks, 2006", Bond Authorization Account No. 3000-400, 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 orS1,100,000. 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. 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: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYE S- 9 NOES – 0 NO. 114 By: Dominic J. Bonifacio, Jr.: Bond Resolution Construction of Outer Harbor Trail - Phase II Account 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,250,000 General Improvement Bonds of said City, to finance the cost of Phase II design and construction of a bicycle/pedestrian trail system for Ohio Street from Michigan Avenue to Furhmaun Blvd., at the estimated maximum cost of $1,250,000, and authorizing any moneys to be received from the State of New York and/or the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000), 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 design and construction of a bicycle/pedestrian trail system for Ohio Street from Michigan Avenue to Furhmann Blvd. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,250,000 as set forth in the duly adopted 2006 Capital Improvements Budget of said City, as amended.. The Comptroller of the City is hereby further authorized to expend any moneys to be received from the State of New York and/or the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the city.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering Administration, "Construction of Outer Harbor Trail - Phase II, 2006", 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 specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,250,000. 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. 19(c) the Law, is fifteen (15) years. Co) current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (A) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (B) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES – O NO. 115 By: Dominic J. Bonifacio, Jr.: Bond Resolution Rehabilitation of CN Rail Bridge Account 3000-310 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 partial reconstruction of the Canadian National Railway Bridge at Niagara Street crossing the Black Rock Canal, at the estimated maximum cost of $2,000,000, and authorizing any moneys to be received from the State of New York and/or the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of 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 partial reconstruction of the Canadian National Railway Bridge at Niagara Street crossing the Black Rock Canal. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000 as set forth in the duly adopted 2006 Capital Improvements Budget of said City, as amended.. The Comptroller of the City is hereby further authorized to expend any moneys to be received from the State of New York and/or the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering & Administration, "Rehabilitation of CN Rail Bridge, 2006", 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 specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. 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 specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 10. of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES – 9 NOES –0 NO. 116 BY: DOMINIC J. BONIFACIO, JR.: BOND RESOLUTION IMPROVEMENT TO ELLICOTT GATEWAY (BNMC) ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,375,000 General Improvement Bonds of said City, to finance the partial reconstruction of Ellicott Street from Goodell Street to North Street, and Virginia Street from Main Street to Oak Street, at the estimated maximum cost of $2,375,000, and authorizing any moneys to be received from the State of New York and/or the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Three Hundred Seventy-Five Thousand Dollars ($2,375,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of Ellicott Street from Goodell Street to North Street, and Virginia Street from Main Street to Oak Street. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,375,000 as set forth in the duly adopted 2006 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend any moneys to be received from the State of New York and/or the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering Administration, "Improvement to Ellicott Gateway (BNMC), 2006", Bond Authorization Account No. 3000-210, 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 specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,375,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20 the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. ANDREW A. SANFILIPPO Comptroller PASSED AYES - 9 NOES - 0 NO. 117 BY: DOMINIC J. BONIFACIO, JR.: BOND RESOLUTION RECONSTRUCTION OF EXISTING FIREHOUSES ACCOUNT 3000-320 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,000,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various firehouses, in the City, at the estimated maximum cost of $3,000,000. 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 Three Million Dollars ($3,000,000), 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 partial reconstruction of various firehouses, in the City The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,000,000 as set forth in the duly adopted 2006 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, "Reconstruction of Existing Firehouses, 2006", Bond Authorization Account No. 3000- 320, and shall be used for the class of objects or purposes specified in Section 1 of this resolution .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,000,000. 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 buildings to be partially reconstructed are of at least Class "B" construction, as defined by Section 11.00 a.1 l(b) 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)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as 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, ©Such obligations are authorized in violation of the provisions of the constitution. Introduced Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES - 9 NOES - 0 NO. 118 BY: DOMINIC J. BONIFACIO, JR.: BOND RESOLUTION REHABILITATION OF STREETS/CURBS/SIDEWALKS (CITYWIDE) ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $4,000,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various streets located throughout the City, at the estimated maximum cost of $4,000,000. 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 Four Million Dollars ($4,000,000), 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 partial reconstruction of various streets located throughout the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $4,000,000 as set forth in the duly adopted 2006 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 & Administration, "Rehabilitation of Streets/Curbs/Sidewalks (Citywide), 2006", 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 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 $4,000,000. 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 object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20 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 law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. ANDREW A. SANFILIPPO Comptroller PASSED AYES - 9 NOES - 0 NO. 119 BY: DOMINIC J. BONIFACIO, JR.: BOND RESOLUTION DEMOLITION OF PRIVATE BUILDINGS/STRUCTURES ACCOUNT 3000-650 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $1,000,000 General Improvement Bonds of said City to finance the cost of demolition of various private buildings/structures posing threats to public health or safety, at the estimated total cost of $1,000,000. 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 One Million Dollars ($1,000,000), 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 private buildings/structures posing threats to public health or safety. 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 $1,000,000 as set forth in the duly adopted 2006 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 of City-owned buildings/structures, 2006, Bond Authorization Account No. 3000-650, 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 $1,000,000. 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 11.00 a. 12-a. (a) of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. ANDREW A. SANFILIPPO Comptroller PASSED AYES - 9 NOES - 0 NO. 120 BY: DOMINIC J. BONIFACIO, JR.: BOND RESOLUTION DEMOLITION OF CITY-OWNED BUILDINGS/STRUCTURES ACCOUNT 3000-650 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $2,100,000 General Improvement Bonds of said City to finance the cost of demolition of various City-owned buildings/structures posing threats to public health or safety, at the estimated total cost of $2,100,000. 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 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million One Hundred Thousand Dollars ($2,100,000), 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 demolition of various City-owned buildings/structures posing threats to public health or safety. 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 $2,100,000 as set forth in the duly adopted 2006 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 of City-owned buildings/structures, 2006, Bond Authorization Account No. 3000-650, 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 $2,100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. t 50-2. 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. 12-a. (b) of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced Message of Necessity That pursuant law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES - 9 NOES - 0 NO. 121 BY: COUNCIL MEMBER DAVIS SET PUBLIC HEARING COMMON COUNCIL LEAD AGENCY GENESEE VILLAGE URBAN RENEWAL PLAN Whereas, the City of Buffalo Common Council designated the Genesee Village Urban Renewal Project area as being eligible and appropriate for Urban Renewal treatment under Article 15 of the New York State General Municipal Law; and Whereas, the City Planning Board, conducted the required public hearing held on January 31, 2006; and Whereas, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Genesee Village Urban Renewal Plan be approved only after a public hearing on due notice; and Whereas, the Common Council is seeking to be Lead Agency for the Genesee Village Urban Renewal Plan; and Whereas, enclosed is a copy of both the full environmental assessment SEQR form and the draft Genesee Village Urban Renewal Plan; and Now Therefore Be It Resolved That: The City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Public Hearing" in the Buffalo News and the City Record, no later than the 10th day of February, 2006 and; Be It Further Resolved: 2. That the Common Council staff is directed to forward copies of the Notice of SEQR Lead Agency Designation to the appropriate potential permitting agencies. Be It Yet Further Resolved: 3. That this Common Council will conduct a public hearing on the matter stated at 10:30 am in the Council Chambers on February 15, 2006; and Brian Davis, Ellicott ADOPTED NO. 122 BY: MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL- LEGISLATIVE 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 $33,000 be and the same is hereby transferred within Common Council and said sum is hereby reappropriated as set forth below: From: 10220005 - 461001 Office Supplies $8,000.00 10220006 - 432004 Engineering & Tech $25,000.00 To: 10102006 - 432004 Engineering & Tech $33,000.00 PASSED AYES - 9 NOES - 0 NO. 123 BY MR. FRANCZYK APPOINTMENT ASSISTANT LEGISLATIVE AIDE TO COUNCILMEMBER KEARNS The Common Council hereby moves approval of the appointment of Martha Ann Murphy 5 Eden Street, Buffalo, New York 14220 to the position of Assistant Legislative Aide to Councilmember Kearns pursuant to Section 27 of the Charter of the City of Buffalo to be effective January 30, 2006. ADOPTED NO. 124 BY MR. GOLOMBEK ACCEPTING THE CITY'S DRAFT BUFFALO COMPREHENSIVE PLAN "QUEEN CITY IN THE 21ST CENTURY" AS COMPLETE AND READY FOR PUBLIC REVIEW AND ADOPTION WHEREAS, the City of Buffalo initiated preparation of a Buffalo Comprehensive Plan "Queen City in the 21st Century" (BUFFALO COMPREHENSIVE PLAN); and WHEREAS, the Draft BUFFALO COMPREHENSIVE PLAN has been prepared under the guidance of the City, with consultant planning services provided by Carter International and the University of Buffalo's Institute for Local and Regional Growth and Urban Design Project; and WHEREAS, the City of Buffalo Common Council, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the BUFFALO COMPREHENSIVE 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; WHEREAS, Copies of the Draft BUFFALO COMPREHENSIVE PLAN are available for public examination at the City's Office of Strategic Planning, City Hall Room 920, Buffalo, New York 14202. NOW, THEREFORE, BE IT RESOLVED, that the Draft Buffalo Comprehensive Plan "Queen City in the 21st Century" for the City of Buffalo is accepted by the Common Council as complete and ready for public review and adoption. BE IT ALSO RESOLVED, that the City Clerk's Office schedule a public hearing on the City's Draft BUFFALO COMPREHENSIVE PLAN. ADOPTED NO. 125 BY MR, GOLOMBEK REQUIRING THE BUFFALO URBAN RENEWAL AGENCY (BURA) TO ABIDE BY THE CITY CHARTER WHEN SELLING PROPERTY WHEREAS, The City Charter has specific requirements that must be followed when City owned property is being sold; and WHEREAS, Section 27-13 of the City Charter requires that real property owned by the City being sold for redevelopment must be sold by public auction or by sealed bids; and WHEREAS, Section 27-4 of the City Charter requires the sale of abandoned property owned by the City to be done by public auction or by an appraisal performed by an appraiser from the list of appraisers established by the Appraisal Review Board. The Appraisal Review Board is to submit a report to the Common Council establishing the value of the property; and WHEREAS, These Charter requirements were established to protect the interests of taxpayers and to ensure that the City was obtaining a fair price for property being sold; and WHEREAS, It has come to my attention that BURA as a separate corporation may not be required to follow the requirements of the City Charter; and WHEREAS, The requirements of the City Charter with regard to the sale of City owned property were put into place for good reasons that should not be circumvented by an agency that although a separate entity consists of City elected officials on its Board and which operates through the assistance of individuals who are also City employees; and NOW THEREFORE BE IT RESOLVED That the Buffalo Common Council supports BURA adopting a policy which requires them to abide by the Buffalo City Charter when selling real property. BE IT FURTHER RESOLVED That this item is referred to BURA for their comments and an appropriate Committee of the Council for further consideration. REFERRED TO THE COMMITEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 126 BY: MR. KEARNS RE: NYPA SETTLEMENT AUTHORIZATION Whereas The New York Power Authority (NYPA) is seeking a fifty-year license from the Federal Energy Regulatory Commission (FERC) to continue to operate the Niagara Power Project, and Whereas The Federal Power Act, Section 10, directs FERC to provide mitigation compensation/settlements for damages to the natural environment, including lost recreational opportunities and environmental quality, and Whereas NYPA made an initial offer to the city of Buffalo and the county of Erie of $2 million annually for fifty years, and In May of 2005, US Representative Brian Higgins advanced an alternative settlement of $10 million per year, with those funds being directed to the newly established Erie Canal Harbor Development Corporation (ECHDC) for uses restricted to the design and construction of new waterfront projects including parks, public access and transportation infrastructure improvements, and Whereas The initial NYPA offer was clearly insufficient to address the impact of the Niagara Power Project in this region; its insufficiency was transmitted to NYPA via resolutions adopted unanimously by this Honorable Body, as well as by other public officials and legislative bodies, and Whereas In 2005, the Common Council of the City of Buffalo quickly and unanimously supported Congressman Higgins' alternative proposal and its focus on local control of increased resources directed to repairing the damaged natural environment and reclamation of lost recreational opportunity due to the industrial use at the waterfront, and Whereas In a parallel action, the Erie County Legislature stood alongside this Honorable Body and also unanimously adopted a resolution in support of the Higgins proposal, thus rejecting as insufficient the initial NYPA offer, and Whereas Armed with the support of the Buffalo Common Council and the Erie County Legislature, the fight for a fair and equitable settlement for Western New York gained the backing of other members of the federal congressional delegation, then-Mayor Anthony Masiello and Mayor Byron Brown of the City of Buffalo, County Executive Joel Giambra, Mayor Norman Polanski of the City of Lackawanna, state and local elected officials and boards and councils representing many towns and villages including Hamburg, Angola, Eden, Evans, Marilla, Holland, labor leaders, Buffalo Place, the Southtowns Walleye Association and thousands of citizens, and Whereas In early December, 2005, the City of Buffalo, together with the County Executive, obtained an offer from NYPA that nearly tripled the $2 million a year to $279 million directed to waterfront remediation and redevelopment over a fifty year period, and Whereas This settlement requires adoption of an inter-municipal agreement which must be in the best interests of the City of Buffalo and approved by the Buffalo Common Council; NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby reaffirm its commitment to the successful and expeditious redevelopment of the Lake Erie shoreline and of the waterfront areas of the city of Buffalo in particular; and BE IT FURTHER RESOLVED: That this Honorable Body does hereby authorize the Mayor to enter into negotiations with NYPA to obtain a settlement with NYPA in connection with the City's interests in the relicensing of the Niagara Powers project. The results of these negotiations must at a minimum contain the following terms:" 1. Such agreement must provide that NYPA will make available to the ECHDC $2.5 million annually, or an amount equal to the sum of $1 million and the proceeds of the sale of five megawatts of Niagara hydropower, whichever is greater, each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007; 2. Such agreement must provide that NYPA will additionally provide, either directly or via Empire State Development, $1 million per year each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007, or a lump sum payment equivalent to the estimated value of $1 million per year over filly years, either directly or via Empire State Development, such estimation being made using a generally accepted method and a generally accepted assumed rate of inflation, such as the Federal Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers, and not a discounted assumed rate of inflation; 3. Such agreement must provide that NYPA will additionally provide the ECHDC with $2 million within sixty days of the execution of this settlement agreement for the construction of interpretive design elements in the vicinity of the Erie Canal Harbor Commercial Slip, and an additional $2 million payment for the same purpose on the one-year-anniversary of the initial payment; 4. Such agreement must provide that NYPA shall relocate the ice boom to another location subject to approval by the ECHDC and any national or international agencies which must approve such a move from the land upon which the Ice Boom is presently stored at Buffalo's Outer Harbor, and that ECHDC will pay no more than $1 for said transfer, and that said transfer shall occur as soon as the ice boom is moved to its new site, or within five years of the execution of this settlement, whichever is sooner; 5. Such agreement must provide that NYPA direct all payments which result from this settlement, other than the $2 million provided annually for the Erie County Greenway Fund, to the ECIDA to be used solely for acquisition, remediation, demolition, design, engineering and construction associated with development and revitalization activities in the vicinity of Buffalo's Inner and Outer Harbor areas; 6. Such agreement must provide that NYPA will make available $2 million to the Erie County Greenway Fund each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007; and BE IT FURTHER RESOLVED: That the Mayor is hereby directed to file a copy of the Final Settlement Agreement with the Common Council for approval by the Common Council as soon as it is fully executed by all the parties;" BE IT FINALLY RESOLVED: That the City Clerk shall forward certified copies of this resolution to the Honorable Mayor; to the Honorable Erie County Executive and Legislature; to the to the members of the state and federal legislative delegations; to the ECHDC; to the Olmsted Parks Conservancy; to the Niagara Greenway Commission; and to the Secretary of the Board of Trustees of NYPA. ADOPTED NO. 127 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 21 -DEPARTMENT OF FIRE 1135 – ALARM SYSTEM 1142 - EMERGENCY MEDICAL SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 - Department of Fire 1135-Alarm System and 1142 - Emergency Medical Services, which currently reads: 1135 4 Communications Technician $ 30,806- $ 35,381 1142 0 Captain $ 62,136 Is hereby amended to read: 1135 1 Superintendent of Communication Operations $70,466 3 Communications Technician $30,806-$35,381 1142 1 Captain $ 62,136 IT 1S HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, AND MICHAEL LOMBARDO, COMMISSIONER OF FIRE, 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. MICHAEL LOMBARDO COMMISSIONER OF FIRE REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 128 SPONSOR: MRS. RUSSELL RE: COMPREHENSIVE REVIEW OF CITY ZONING ORDINANCES WHEREAS: As the City discusses adopting a Comprehensive Master Plan to guide the future development of Buffalo, now is the time to undertake a review of City zoning ordinances; and WHEREAS: Most food stores abide by city codes and operate in a neighborhood friendly manner; and WHEREAS: While most food stores operate as they should, many are operated in a fashion that negatively impacts the quality of life for city residents; and WHEREAS: A high concentration of food stores in a neighborhood could be prevented by changing City zoning ordinances to limit a food store within so may feet of another food store. NOW THEREFORE BE IT RESOLVED That the Common Council supports undertaking a comprehensive review of City zoning ordinances to address the location and operation of food stores. Bonnie E. Russell REFERRED TO THE COMMITTEE ON LEGISLATION, THE ZONING BOARD OF APPEALS AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 129 BY: MR. THOMPSON AND MR DAVIS RE: ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 154 of the Code of the City of Buffalo be amended to read as follows: § 154-12, Fair Housing Ordinance, Legislative Intent It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property values vet ensure housing choices for all residents. §154-13, Definitions a) Advertising - printing, circulating, placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation with any person, business or entity which maintains a referral list of available housing. b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities; or a record of having such an impairment; or a condition regarded by others as such an impairment; or an association with a person with such an impairment. c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual who has not attained the age of eighteen years; or one or more individuals who have not attained the age of eighteen years domiciled with a parent or another person having legal custody of such individual or the designee of such parent. d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living quarters. e) Landlord - an owner, lessor, sub-lessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof. f) Marital Status - single, married, divorced, separated or widowed. g) Military Status - a person's participation in the United States military or the military of a state h) National Origin - ancestry. i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives. j) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant. k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality. l) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender identity, self-image, appearance, expression or behavior, whether or not that gender identity, self-image, appearance, expression or behavior is different than that traditionally associated with the person's sex at birth. m) Source of Income -payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, Section 8 or other housing subsidies. §154-14 - Rights of Landlords This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the following conditions are met: a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an unlawful source; or b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months; or c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months, except where those complaints can be reasonably attributed to discriminatory animus ; or d) The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law; or e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants. § 154-15, Promotion of Fair Housing Goals Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity in housing. § 154-16, Notification to Multiple Dwelling Owners Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129-6 shall also complete a certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo, and has received a copy of said Ordinance. § 154-17 - Unlawful Discriminatory Practices It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following: a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. b) Discriminate against any person in the in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. d) To induce or attempt to induce any person to sell or rent any housing accommodation by representatives regarding the entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such modifications may be necessary to afford such person full enjoyment of the housing accommodation, and a refusal to make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with disabilities equal opportunity to use and enjoy the housing accommodation. f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this Chapter. g) For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part of the making of loans for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or lawful source of income. § 154-18, Exemptions The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned for residential uses except the following: a) The rental of a housing accommodation in a building that contains housing accommodations for not more than two households living independently if the owner resides in one of the dwelling units; b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex; c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be required to share part of their living quarters with another occupant or occupants not of their own choice; and d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and their spouses with respect to age and familial status only. § 154-19, Enforcement a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and/or refer complaints under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints. b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this Chapter within one gear from the date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer. c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint, and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice. The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint, he/she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory practices, and may include such compensation and/or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements. e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this Chapter, and refer the matter as detailed in section 154-20 below. § 154-20, Penalties Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminatory practice, the Fair Housing Officer may: a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties: 1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination being considered a separate offense; and/or 2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter; and/or 3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter; and/or 4) Such other relief directed by a court of appropriate jurisdiction; and/or b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court in its discretion may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary, to enforce a conciliation agreement or penalties imposed under this Chapter. § 154-21, Annual Report The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the caseload, a summary of dispositions of complaints filed and/or referred to housing agencies, and recommendations regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than st March 1of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights, the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban Development. § 154-22, Other Remedies Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be available under the laws of the State of New York, the United States or any other applicable jurisdiction. § 154-23, Construction Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this Chapter. § 154-24, Separability If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder of this Chapter. APPROVED AS TO FORM Matter underlined is new. Matter in brackets to be deleted. Corporation Counsel Michael B. Risman REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF CITIZEN SERVICES AND THE CORPORATION COUNSEL NO. 130 BY: MR. THOMPSON NATIONAL BLACK HIV/AIDS AWARENESS DAY Whereas February 7, 2006, is the sixth annual observance of National Black HIV/AIDS Awareness Day; and Whereas This observance is a nationwide effort to mobilize African-American communities to become educated, get tested, get treated, and get involved with HIV/AIDS, as it continues to devastate African American communities; and Whereas National Black HIV/AIDS Awareness Day is directed, planned and strategically overseen by a Strategic Leadership Council made up of nine organizations, including the Centers for Disease Control and Prevention (CDC) to mobilize community-based organization and stakeholders involved in HIWAIDS prevention, care and treatment; and Whereas 3,204 residents of Buffalo, NY are living with HIV/AIDS and 43.7% of these men, women, and children are African Americans; and Whereas Group Ministries, Inc. are hosting community events to recognize this day and its importance to African American and all concerned citizens; and Whereas It is fitting that we join with these national and local groups to express our strong support for National Black HIV/AIDS Awareness Day and the initiatives to prevent the spread of HIV/AIDS in Black American communities and to provide treatment and support services to those living with HIV/AIDS. Now, Therefore, Be It Resolved: That this Common Council urges local residents to strongly support this day and participate in events planned to commemorate the occasion; and Now, Therefore, Be It Finally Resolved: That this Common Council recognizes Tuesday, February 7, 2006 in the City "National Black HIV/AIDS Awareness Day" of Buffalo. ADOPTED NO. 131 BY: MR. THOMPSON RE: REQUEST TO TURN 667 KENSINGTON AVENUE INTO A PARKING LOT FOR PS #61 Whereas: Early Childhood Center PS #61 is a land-locked facility, located within the triangular limits of Leroy Avenue, Grider Street, and Kensington Avenue; and Whereas: Plans have been drafted for reconstruction and expansion of the facility's current infrastructure; and Whereas: The only available area on site in which to expand upon is the current faculty, staff, and visitor parking lot; and Whereas: These respective plans have been submitted for inclusion into Phase III of the JSCB Project; and Whereas: The property located at 667 Kensington Avenue houses a water tower owned by the Buffalo Water Board. The proposed parking lot would be constructed on the section of the property's surrounding grass lot boarding Mendola Avenue; and Whereas: The construction of a parking lot would alleviate periodic cleaning and maintenance of the grass lot that the City of Buffalo is responsible for. Now, Therefore Be It Resolved That: This Common Council hereby requests the Office of Strategic Planning acquire property located at 667 Kensington Avenue, for future use as a faculty, staff, and visitor parking lot for Early Childhood Center PS #61; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Finance, Community Development, in addition to seeking responses from the Board of Education, the Division of Real Estate, the Office of Strategic Planning, and the Water Authority. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS, THE BOARD OF EDUCATION, THE BUFFALO WATER BOARD AND THE JOINT SCHOOLS CONSTRUCTION BOARD NO. 132 ANNOUNCEMENT OF COMMITTEE MEETINGS m The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service A.M. Tuesday, February 14, 2006 at 9:45 o'clock Committee on Finance following Civil Service Tuesday, February 14, 2006 at 10:00 o'clock A.M. Committee on Legislation P.M. Tuesday, February 14, 2006 at 2:00 o'clock Committee on Comm. Dev. o'clock A.M. Wednesday, February 15, 2006 at 10:30 Special Committees Comm. Development Work Sessions will be in Room 1417 City Hall Year 32 CDBG Wed. Feb. 8, 2006 11:00 A.M. Strategic Planning, Housing, BURA & ESG, BERC Wed. Feb. 8, 2006 2:00 P.M. Housing, HOME, Demolitions & Building Inspectors Thursday, Feb. 9, 2006 10:00 A.M. Public Facilities & Comm. Services, HOPWA MBEC 10:00 A.M. in Room 1417 City Hall. Monday, February 13, 2006 at 10:00 o'clock (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. 133 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Coppola, the Council adjourned at 3:10 PM