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Home My WebLink About09-0317-0319pp No. 6 PROCEEDINGS OF THE CITY OF BUFFALO March 17, 2009 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE MARCH 17, 2009 FINAL MAYOR 1- A. Labor Contract With AFSCME Local 2651 APP MAYOR – EXECUTIVE 2- 1. Citizen Services-Submission of Monthly Report-February 2009 R&F 3- 2. Plan Bd-Negative Declaration-431 East Ferry St(Mas) R&F 4- 3. Plan Bd-Negative Declaration-448 Elmwood Ave(Nia) R&F 5- 4. Strat Plan-Results Neg-39 Clark(Fill) APP 6- 5. Strat Plan-Results Neg-117 Courtland(Lov) R&F 7- 6. Strat Plan-Results Neg-45 Hirschbeck-36 Shepard(Fill) APP 8- 7. Strat Plan-Results Neg-216 Johnson(Ell) CD 9- 8. Strat Plan-Results Neg-181, 183 Leslie(Lov) APP 10- 9. Strat Plan-Results Neg-851 Northampton(Mas) CD 11- 10. Strat Plan-Results Neg-424 West Ferry(Nia) APP PUBLIC WORKS 12- 11. Banners Within City ROW R&F 13- 12. Change in Contract City Court $97,350.00 (Ell) APP 14- 13. Change in Contract City Court $105,935.00(Ell) APP 15- 14. Change in Contract-City Court $264,944.00(Ell) APP 16- 15. Change in Contract-John W. Danforth (Ell) APP 17- 16. Perm to Engage Services of Consulting Engineer-Water Filtration Plant APP 18- 16APerm to Hire Consultant and Enter Agmt FHWA and NYSDOT-Fruit Belt(Ell) APP 19- 17. Report of Bids-Houghton Park Casino(Lov) APP 20- 18. Appt Street Worker(Perm)(Inter)(Dargavel) CS 21- 19. Appt Building Superintendent (Prov)(Inter)(McGuire) CS POLICE 22- 20. Resp HRM-Req NYS Leg to Approve Bills Amending V&T Law Re Civil Liability of Vehicle Owners for Traffic Signal Violations in COB LEG PERMITS AND INSPECTIONS 23- 21. Used Car Dealer-1365 Bailey(Lov) LEG ADMINISTRATION AND FINANCE 24- 22. Foreclosure of Tax; User Fees; Sewer and Water Charge Liens FIN CITY CLERK 25- 23. Mayor Reported Out of State R&F 26- 24. Liquor License Applications R&F 27- 25. Leaves of Absence R&F 28- 25A. Notices of Appointments-Mayors Program R&F 29- 26. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 30- 27. P. Battaglia –Interest in Purchasing 1077 Seneca St & Scatchurd Pl(Fill) CD 31- 28. Bflo Water System Monthly Report-Feb 2009 FIN 32- 29. D. Campieri-Appeal Preservation Bd Decision Re 888 Main St(Ell) LEG 33- 30. LP Ciminelli-Board Packet Documents March 2009 R&F 34- 31. B. Davis-Design Report for Johnnie B. Wiley CD 35- 31A B. Davis-Days Park Block Club Against Renewal of License 309 Hudson LEG 36- 32. S. Doleski-NYSDEC Req for Time Extension Battaglia Transfer Station 1037-1055 Seneca St(Fill) LEG 37- 33. R. Fontana-Article Elderly Lovejoy Sisters Claim Fraud Scam Artist POL OV 38- 34. R. Fontana-Request Cameras on Brinkman Ave(Lov) POL OV 39- 35. G. Warnock-Oppose Wine in Grocery Stores LEG 40- 36. M. LoCurto-Statement of Norman Bakos, Schiller Park Senior Citizens CD 41- 36A M. LoCurto-City of Buffalo Block Grant Program CD 42- 37. M. Rodgers-Info Re 83 Prospect(Ell) LEG 43- 38. Olmsted Parks Conservancy Appts Dudek-Vice President R&F 44- 38A M. Rodgers-Concerns Mismngt Permit Office Re 83 Prospect LEG 45- 39. D. Smith-Day Care Tax Penalty LEG 46- 39A D. Smith-Info-Daycare Tax Penalty LEG 47- 40. W. Trezevant Esq-Request Hearings Regarding Certain Allegations COUNCIL PRES 48- 41. West Village Block Club-Concerns 83 Prospect(Ell) LEG 49- 42. W/Front Village Advisory Council-Req City Update on Urban Renewal Plan W/FRONT PETITIONS 50- 43. L. Zhen Qiu, Owner, Use 3268 Main, Permit Sale & Consumption, Beer & Wine(Univ)(hrg 3/24) LEG,CPBD 51- 44. M. Longo, Owner, Use 200 Delaware for a Ground Sign (Ell)(hrg 3/24) LEG,CPBD,ZONING 52- 45. Brother Michael Oberst, Agent, Use 807 Clinton for a HSF (Fill)(no pub hrg) LEG,CPBD,ZONING 53- 46. J. Daly, Owner, Use 1854 Hertel for an Outdoor Patio(Univ)(no pub hrg) LEG,CPBD RESOLUTIONS 72- 46A Davis Perm to hang Banner-Delaware Ave-Trinity hurch ADOPT 73- 47. Franczyk Designate Central Terminal as Fast Speed ST RES TO NDRD Rail Hub 1CD ADOPT 2 & 3 RES 74- 47A Franczyk Homestead of 36 Guilford to Habitat for Humanity APP 75- 48. Franczyk Neg Sale of 318-396 Wilson Street Inclusive CD 76- 49. Franczyk SEQR Lead Agency Coordination, Battaglia Transfer Station ST RES ND 1037-1055 Seneca St(Fill) 1 TO LEG ADOPT 2 & 3RD 77- 50. Golombek,etc Oppose Sale of Wine in Supermarkets & Grocery Stores STNDRD RES ADOPT 1,2 & 3 REM TO LEG 78- 51. Kearns Bond Resolution-Bflo & EC Historic Society Electrical Upgrade TABLE 79- 52. Kearns Bond Resolution-Chimney Reconst Various TABLE 80- 53. Kearns Bond Resolution-Demolition Emergency Conditions TABLE 81- 54. Kearns Bond Resolution-General Reconstruction Various Schools TABLE 82- 55. Kearns Bond Resolution-Johnny B. Wiley Roof Repl TABLE 83- 56. Kearns Bond Resolution-City Hall Renovations & Upgrades TABLE 84- 57. Kearns Bond Resolution-Citiwide Parks Improvements TABLE 85- 58. Kearns Bond Resolution-Emergency Bridge Repair TABLE 86- 59. Kearns Bond Resolution-Critical Infrastructure TABLE 87- 60. Kearns Bond Resolution-District Heat Improvements TABLE 88- 61. Kearns Bond Resolution-Fargo Ave-D’Youville College Streetscape TABLE 89- 62. Kearns Bond Resolution-Fillmore Ave Resurfacing & Streetscape Imp TABLE 90- 63. Kearns Bond Resolution-Fire Apparatus Acquisition TABLE 91- 64. Kearns Bond Resolution-Franklin-Linwood-North Pearl-Infrastructure TABLE 92- 65. Kearns Bond Resolution-Genesee/Moselle CC Improvements TABLE 93- 66. Kearns Bond Resolution-Improvements to Cazenovia Casino TABLE 94- 67. Kearns Bond Resolution-Lafayette Ice Rink Imp TABLE 95- 68. Kearns Bond Resolution-LaSalle Park-Dog Park TABLE 96- 69. Kearns Bond Resolution-LaSalle Park Pool and Splash Pad TABLE 97- 70. Kearns Bond Resolution-LaSalle Park Shelter House Reconst TABLE 98- 71. Kearns Bond Resolution-Marcy Casino Reconst TABLE 99- 72. Kearns Bond Resolution-Niagara St Gateway TABLE 100- 73. Kearns Bond Resolution-Ellicott District-wide Infrastructure TABLE 101- 74. Kearns Bond Resolution-Improvements to Various Service Buildings 102- 75. Kearns Bond Resolution-North District-wide Infras Repair TABLE 103- 76. Kearns Bond Resolution-NW CC Window Repl TABLE 104- 77. Kearns Bond Resolution-Oil Tank Repl TABLE 105- 78. Kearns Bond Resolution-Police & Fire Radio System TABLE 106- 79. Kearns Bond Resolution-PS 97 Mechanical Electrical Plumbing TABLE 107- 80. Kearns Bond Resolution-Roosevelt Park Shelter House TABLE 108- 81. Kearns Bond Resolution-Riverside Park Field & Ltg Improvements TABLE 109- 82. Kearns Bond Resolution-Saunders CC Roof Repl TABLE 110- 83. Kearns Bond Resolution-Shoshone Park Pool & Field House TABLE 111- 84. Kearns Bond Resolution-Seneca St Streetscape Imp TABLE 112- 85. Kearns Bond Resolution-South Park Resurfacing & Streetscape Imp TABLE 113- 86. Kearns Bond Resolution-University District-wide Infrs Repair TABLE 114- 87. Kearns Bond Resolution-Masten District-wide Infras Repair TABLE 115- 88. Kearns Bond Resolution-MLK Jr Park Phase 2 TABLE 116- 89. Kearns Bond Resolution-Various CC Improvements TABLE 117- 90. Kearns Bond Resolution-Niagara District-wide Infras Repair TABLE 118- 91. Kearns Bond Resolution-Vehicle Purchase St Division TABLE 119- 92. Kearns Bond Resolution-Humboldt Parkway Streetscape TABLE 120- 93. Kearns Bond Resolution-Reconst Middlesex Ave TABLE 121- 94. Kearns,etc Removal & Preserv of Hist. Significant Struct Before Demo of A.D. Price Bldg Commences ADOPT 122- 94A LoCurto,etc High Speed Rail in NYS ADOPT 123- 94B LoCurto Perm to Hang Banner Hellenic Festival ADOPT 124- 94C LoCurto Support Extinguishing Non Essential Lighting in all City Gov’t Buildings Btwn 8:30 PM and 9:30 Pm on Earth Day ADOPT 125- 94D LoCurto Req Info CC Adoption of the 2009-2010 Annual Action Plan ADOPT 126- 94E Russell Salary Ord Amend-Various Depts APP 127- 94F Russell Salary & Wage Schedule “F" 7/1/07-6/30/12 APP 128- 95. Smith Allow Btle Wtr as a Food Item Under WIC to Combat Lead Poisoning LEG 129- 96. Smith Capital Budget FIN 130- 97. Smith HRM-An Act to Amend the Tax Law, The Fair Share Tax Reform Act of 2009 LEG 131- 97A Smith Comm of Deeds ADOPT TABLE ITEMS #78, 3/3 Bond Resolution-Autumn Senior Center Reconstruction SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 54- 1. Com 1 Mar 3 Appt Executive Assistant to the Mayor(Taylor)(Mayor) R&F 55- 2. Com 18 Mar 3 Appt Street Repair Worker(Max)(Howard)(PW) APP 56- 3. Com 19 Mar 3 Appt Water Meter Mechanic(Max)(Barth,Marshall)(PW) APP 57- 4. Com 31 Mar 3 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 58- 5. Com 8 Mar 3 Request Approval of System Agmt Btwn Tyler Tech Inc and COB(Asmt) APP 59- 6. Com 9 Mar 3 Perm to Increase Contract With IBM Corp for VoIP Implementation(MIS) APP 60- 7. Com 13 Mar 3 Permission to Engage Services of Consulting Engineer-MLK Splash Pad(PW) APP 61- 8. Com 14 Mar 3 Permission to Hire Consultant Erie Basin Marina(PW) APP nd 62- 9. Com 26 Mar 3 2 Quarter Gap Sheet(A&F) R&F 63- 10. No 49 Mar 3 Results Neg 1269 Genesee(Mas)(Strat Plan) (#7,10/12)(#85,7/8)(#49,2/17) APP st 64- 11. Res 87 Dec 26 Increase Dock Slip Rental Fees(except 1 Res) R&F COMMUNITY DEVELOPMENT 65- 12. Res 76 Mar 3 Approval to Transfer 5 Homes in Sycamore Village Subdivision (Hrg 3/17)APP 66- 13. Com 27 Mar 3 Approval to Transfer Five Homes in Sycamore Village Subdivision(Ell)(BURA) R&F 67- 14. No 79 Mar 3 Outer Harbor Trans Project-S/B Funded Through Fed Stimulus ADOPT 68- 15. No 57 Mar 3 Community Block Grant (Mayor)(#4, 2/5) R&F LEGISLATION 69- 16. Com 21 Mar 3 Food Store License-332 Elmwood(Ell)(EDPI) RECOMMIT 70- 17. Com28 Sept 30 Food Store License-1291 Broadway (Fill)(EDPI) APP 71- 18. Com24 Nov 12 Food Store License-1517 Broadway (Fill)(EDPI) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 17, 2009 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Kearns , the minutes of the stated meeting held on March 3, 2009 were approved. FROM THE MAYOR NO 1 LABOR CONTRACT WITH AFSCME LOCAL 2651 I hereby submit for Your Honorable Body's consideration and approval the attached contract with AFSCME Local 2651, which has been agreed to by the Union leadership and duly ratified by its membership after lengthy negotiations by all parties. This eight-year contract provides affected city employees with 3% salary increases beginning July 1, 2007, 2008, 2009, 2010, and 2011 with a $2,250 increase in base pay effective July 1, 2008. Covered employees will also receive health care in lieu payments when applicable, increases in auto allowance, and effective July 1, 2008, a seven-step schedule will be implemented for new hires. In addition, domestic partner medical benefits will be extended to those employees who meet the domestic partner qualifications of the carrier. The net cost to the city for the contract will be $1.94 million over its term. This sum reflects increased wage and benefit costs of $2.49 million offset by savings of $545,663. These savings are realized as a result of all covered employees being placed into Blue Cross / Blue Shield Traditional Blue POS 204/204 Plus Plan, new employees contributing 15-25% towards health care, elimination of wage freeze litigation, and various work rule and shift changes saving the City with respect to overtime, compensatory time, personal and sick leave time, as well as other savings measures contained within the contract. Additionally, this contract provides management with additional rights with respect to employee drug testing, employee handbook, dress code, probation period, lunch/break scheduling, vesting of retirement health care, and creation of new steps from 5 to 7. Moreover all covered employees shall now maintain their residence and in the City of Buffalo effectively addressing any domicile actual or perceived ambiguities in this respect. I urge Your Honorable Body to approve this contract at your earliest opportunity, as I believe it is in the best interest of the City of Buffalo. Mr. Fontana moved: That the above communication from the Mayor dated March 16, 2009, be received and filed; and That the Memorandum of Agreement between the City of Buffalo and AFSCME Local 2651, AFL-CIO, for the contract period July 1, 2004 through June 30, 2012; effective March 6, 2009, be and hereby is approved and ratified. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO 2 CITIZEN SERVIES-SUBMISSION OF MONTYLY REPORT-FEBRUARY 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of February 2009, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO 3 PLAN BD-NEGATIVE DECLARATION-431 EAST FERRY ST (MAS) SEQRA Notice of Determination Non Significance-Negative Declaration 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: City of Buffalo Planning Board Room 901, 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 The Seventh Day church Location: 431 East Ferry Street Type of Action: Unlisted-Uncoordinated Description: Tommaso Briatico representing The Seventh Day Church of God is proposing the rehabilitation of a building on the property located at 431 East Ferry Street, Buffalo New York. The project includes the renovation of a two story masonry building with an existing footprint of 4295 square feet. The project will include a parking lot located on the west side of the building. A synthetic stone veneer will be used to create a base to the building and dryvit E.I.F.S will be used to add weatherization value as well as offer a more refined detailing to the facade. The color scheme will include shades derived from the natural colors of the field stone base. The landscaping will include the removal of 5'-6' of concrete sidewalk to plant new flower garden area with a wrought iron style fence. The parking area will be planted with similar plants. The project is privately funded with the estimated cost being approximately $275,000.00 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a currently abandoned building and convert it to a positive neighborhood friendly use. The identified potential negative impacts appear to he primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse Impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO 4 PLAN BD-NEGATIVE DECLARATION-448 ELMWOOD AVE (NIA) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, 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 New Mixed Use Building Location: 448 Elmwood Avenue Type of Action: Unlisted - Coordinated Description: The Frizlen Group is proposing the construction of a new building on the property located at 448 EImwood Ave, Buffalo New York. The Frizlen Group is proposing to demolish the existing Kentucky Fried Chicken building on the Northwest corner of EImwood Ave. and Bryant St. and replace it with a three story mixed use building. The project will include 4,500 sq. ft. of ground floor commercial space, twelve residential apartment units on the second and third floor ranging from 950 sq. ft. to 1250 sq. ft., and eight at grade covered parking spaces accessible from Bryant Street. A variance will be required for the maximum allowable density of dwelling units (511-56.E(1) and minimum parking requirements(511-96.A). Fencing along the north line consists of 5' high cedar stockade fence. A green wall constructed with structural metal grid and vine, naturally irrigated from Bio - Swale fed from the balcony water run off. Planters will be installed in the right of Way: Signage will be placed between the awning and residential window sill. The structural system will consist of steel columns, girders and bar joists. The fat, ads will include veneer brick at the sill, stucco at the wall and cornice, glazed storefront and window panels with a transom. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will demolish a neighborhood eyesore and build a new mixed use development that would be adding to the many successful projects on Elmwood Avenue. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851-5085. Dated: March 10,2009 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 5 RESULTS OF NEGOTIATIONS 39 CLARK 70' S PECKHAM LOT SIZE: 30' X 89' ASSESSED VALUATION: $1,400. (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Wroblewski, 37 Clark, Buffalo, New York 14206 and Ms. Alma Barrso, 34 Domedion, Buffalo, New York 14211 to purchase a portion of 39 Clark, 15' x 89' each. Mr. Wroblewski owns and resides at 37 Clark, which is adjacent to 39 Clark. Ms. Barrso owns a two family house at 43 Clark, which is adjacent to 39 Clark. They both intend to use their specified portion of the vacant lot as additional yard space. The southerly portion of 39 Clark, 15' x 89' will be deeded Mr. Wroblewski of 37 Clark. The northerly portion of 39 Clark, 15' x 89' will be deeded to Ms. Barrso who owns 43 Clark. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Five Cents ($.35) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mr. Wroblewski has agreed and is prepared to pay Eight Hundred Dollars ($800.00), Sixty Cents ($.60) per square foot for the southerly portion of the subject property. Ms. Barrso has agreed and is prepared to pay Eight Hundred Dollars ($800.00), Sixty Cents ($.60) per square foot for the northerly portion of the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of southerly portion of 39 Clark to Mr. Wroblewski and the northerly portion of 39 Clark to Ms. Barrso in the amount of Eight Hundred Dollars ($800.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 7, 2009, be received and filed; and That the offer from Mr. William Wroblewski, residing at 37 Clark, in the sum of eight hundred dollars ($800.00) for the purchase of the southerly portion of 39 Clark, 15' x 89' and the offer of Ms. Alma Barrso, residing at 34 Domedion, in the sum of eight hundred dollars ($800.00) for the purchase of the northerly portion of 39 Clark, 15' x 89', be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 6 RESULTS OF NEGOTIATIONS 117 COURTLAND 125'N DELAVAN LOT SIZE: 30' X 105' ASSESSED VALUATION: $3,600. (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Walter Cole for Bennett-Wells American Legion #1780, 1356 East Delavan Avenue, Buffalo, New York 14215 to purchase 117 Courtland The Bennett-Wells American Legion #1780 is located at 1356 East Delavan, which is adjacent to 117 Courtland. They intend to use the vacant lot as additional green space for community activities. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to One Dollar and Twenty Cents ($1.20), per square foot. The results of our negotiations are that the Bennett-Wells American Legion #1780 has agreed and is prepared to pay Three Thousand One Hundred Dollars ($3,100.00), One Dollar ($1.00) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 117 Courtland to the Bennett-Wells American Legion #1780 in the amount of Three Thousand One Hundred Dollars ($3,100.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. RECEIVED AND FILED NO 7 RESULTS OF NEGOTIATIONS 45 HIRSCHBECK-36 SHEPARD(FILL) 45 Hirschbeck, 412.74' N Broadway Lot Size: 30' x 110' Assessed Valuation: $1,700. 36 Shepard, 310' N Broadway Lot Size: 60' x 110' Assessed Valuation: $2,900. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Cynthia J. Gorski, 40 Shepard, Buffalo, New York 14212 to purchase 45 Hirschbeck and 36 Shepard. Ms. Gorski owns and resides at 40 Shepard, which is adjacent to 45 Hirschbeck and 36 Shepard. She intends to use the vacant lots as additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Seven Cents ($.37) to Forty Five Cents ($45), per square foot. The results of our negotiations are that Ms. Gorski has agreed and is prepared to pay Four Thousand Dollars ($4,000.00), Forty Cents ($.40) per square foot for the subject properties. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 45 Hirschbeck and 36 Shepard to Ms. Cynthia Gorski in the amount of Four Thousand Dollars ($4,000.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 6, 2009, be received and filed; and That the offer from Ms. Cynthia J. Gorski, residing at 40 Shepard, in the sum of four thousand dollars ($4,000.00) for the purchases of 45 Hirschbeck and 36 Shepard, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED NO 8 RESULTS OF NEGOTIATIONS 216 JOHNSON 472' S Genesee Lot Size: 25' x 132' Assessed Valuation: $1,400. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Miss Ila Sheffield, 220 Johnson, Buffalo, New York 14211 to purchase 216 Johnson. Miss Sherfield owns and resides at 220 Johnson, which is adjacent to 216 Johnson. She intends to use the vacant lot as additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Miss Sheffield has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Forty Two Cents ($.42) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 216 Johnson to Miss Ila Sheffield in the amount of One Thousand Four Hundred Dollars ($1,400.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 9 RESULTS OF NEGOTIATIONS 181 LESLIE & 183 LESLIE 297.88' S Scajaquada Lot Size: 30' x 108' Assessed Valuation: $2,300. 183 Leslie, 267.88' S Scajaquada Lot Size: 30' x 108' Assessed Valuation: $2,300.(Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Agatha Halt, 32 Frankfort, Buffalo, New York 14211 to purchase 181 and 183 Leslie. Ms. Hall owns a one family house at 187 Leslie, which is adjacent to 181 and 183 Leslie. She intends to use the vacant lots as additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Two Cents ($.32) to Sixty Five Cents ($65), per square foot. The results of our negotiations are that Ms. Hall has agreed and is prepared to pay Three Thousand Two Hundred Dollars ($3,200.00), Fifty Cents ($50) per square foot for the subject properties. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 181 and 183 Leslie to Ms. Agatha Hall in the amount of Three Thousand Two Hundred Dollars ($3,200.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 7, 2009, be received and filed; and That the offer from Ms. Agatha Hall, residing at 32 Frankfort, in the sum of three thousand and two hundred dollars ($3,200.00) for the purchases of 181 and 183 Leslie, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 10 RESULTS OF NEGOTIATIONS 851 NORTHAMPTON 90' E. East Parade Lot Size: 30' x 120' Assessed Valuation: $1,100.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Cheyenne Jumanah, 855 Northampton, Buffalo, New York 14211 to purchase 851 Northampton. Mrs. Jumanah owns and resides at 855 Northampton, which is adjacent to 851 Northampton. She intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mrs. Jumanah has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100.00), Thirty Cents ($.30) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 851 Northampton to Mrs. Jumanah in the amount of One Thousand One Hundred Dollars ($1,100.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 11 RESULTS OF NEGOTIATIONS 424 WEST FERRY 28' W Baynes Lot Size: 33' x 100' Assessed Valuation: $5,200. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Jeannee Caryl, 420 Breckenridge, Buffalo, New York 14213 to purchase 424 West Ferry. Mrs. Caryl owns a one family house at 12 Baynes, which is adjacent to 424 West Ferry. She intends to use the vacant lot as additional yard space for her tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Ninety Cents ($.90) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mrs. Caryl has agreed and is prepared to pay Three Thousand Three Hundred Dollars ($3,300.00), One Dollar ($1.00) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 424 West Ferry to Mrs. Jeannee Caryl in the amount of Three Thousand Three Hundred Dollars ($3,300.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 6, 2009, be received and filed; and That the offer from Mrs. Jeanee Caryl, residing at 420 Breckenridge, in the sum of three thousand and three hundred dollars ($3,300.00) for the purchase of 424 West Ferry, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 12 BANNERS WITHIN CITY RIGHT OF WAY The Department of Public Works, Parks & Streets has reviewed the following requests to hang banners and has no objection provided all conditions provided to the applicants by the Division of Engineering are met. 1. Item #77, CCP 3/3/09 "Permission to Hang Flags Along Old Neighborhood Parade" RECEIVED AND FILED NO 13 CHANGE IN CONTRACT CITY COURT 2007 RENOVATIONS JOB #0704 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, Electrical Work, CIR Electrical Construction Corp., C #93000133. 1. Fire Protection construction work required by a new provision of the New York State Building Code. (see attached) The foregoing change results in a net increase in the contract of Twenty Three Thousand Six Hundred and 00/100 Dollars ($23,600.00). Summary: Original Contract Amount $73,750.00 Amount of This Change Order (#1) Add $23,600.00 Revised Contract Amount $97,350.00 Costs have been reviewed by the Consulting Architect (BHNT Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 445100 - Division of Buildings. st, rd th Renovations for the 13and 7floors of City Court have been long delayed. The contractors received Notices to Proceed in May 2008. A change in the Building Code of NYS, Section 604.2.1, requires that Level 2 Alterations of a high rise building requires automatic sprinklers be installed in the areas of said work. This provision of the Code went into effect on February 1, 2008. The resulting affect required our consultant to design the appropriate sprinkler system and request a proposal for change orders from the contractors. Note that 50% of the cost of these change orders will be reimbursed to the City by the Unified Court System. Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated February 26, 2009, 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 CIR Electrical Construction Corp., an increase in the amount of $23,600.00, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, C #93000133. Funds for this project are available in 35320806 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 14 CHANGE IN CONTRACT CITY COURT 2007 RENOVATIONS JOB #0704 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, Consulting Work, BHNT Architects, P.C., C #92011240. 1. Fire Protection work required in a net increase in the contract of Two Thousand and 00/100 Dollars ($2,000.00). Summary: Original Contract Amount $45,100.00 Change Order #1 Add $5,700.00 Change Order #2 Add $24,960.00 Change Order #3 Add $28,175.00 Amount of This Change Order (#4) Add $2,000.00 Revised Contract Amount $105,935.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 445100 – Division of Buildings. st, rd th Renovations for the 13and 7floors of City Court have been long delayed. The contractors received Notices to Proceed in May 2008. A change in the Building Code of NYS, Section 604.2.1, requires that Level 2 Alterations of a high rise building requires automatic sprinklers be installed in the areas of said work. This provision of the Code went into effect on February 1, 2008. The resulting affect required our consultant to design the appropriate sprinkler system and request a proposal for change orders from the contractors. Note that 50% of the cost of these change orders will be reimbursed to the City by the Unified Court System. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 26, 2009, 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. 4, to BNHT Architects, an increase in the amount of $2,000.00, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, Consulting Work, C #92011240. Funds for this project are available in 35320806 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO. 15 CHANGE IN CONTRACT CITY COURT 2007 RENOVATIONS JOB #0704 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, General Construction, R. B. Mac Construction, C #93000127. 1. Fire Protection construction work required by a new provision of the New York State Building Code. (See attached.) $18,944.00 The foregoing change results in a net increase in the contract of Eighteen Thousand Nine Hundred Forty Four and 00/100 Dollars ($18,944.00). Summary Original Contract Amount $246,000.00 Amount of the Change Order(#1) $ 18,944.00 Revised Contract Amount $264,944.00 Costs have been reviewed by the Consulting Architect (BHNT Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 445100 - Division of Buildings. st, rd th Renovations for the 13and 7floors of City Court have been long delayed. The contractors received Notices to Proceed in May 2008. A change in the Building Code of NYS, Section 604.2.1, requires that Level 2 Alterations of a high rise building requires automatic sprinklers be installed in the areas of said work. This provision of the Code went into effect on February 1, 2008. The resulting affect required our consultant to design the appropriate sprinkler system and request a proposal for change orders from the contractors. Note that 50% of the cost of these change orders will be reimbursed to the City by the Unified Court System. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 6, 2009, 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 R. B. Mac Construction, an increase in the amount of $18,944.00, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, General Construction, C #93000127. Funds for this project are available in 35320806 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO. 16 CHANGE IN CONTRACT JOHN W. DANFORTH COMPANY CONTRACT #92011113 ELLICOTT I hereby submit to Your Honorable Body the following change order for this contract. This change order is due for the final adjustment of contract unit price quantities - item for Concrete Spall Repair. Work includes removal and proper disposal, off-site, of an additional 3,213.6 square feet of deteriorated concrete, including preparation of existing steel reinforcing with subsequent replacement with polymer-modified mortar. The cost for this change is 3,213.6 sf @ $85/sf which is $273,156.00. Contract Amount: $12,727,781.25 This Change Order: $ 273,156.00 Total Contract $13,000,937.25 Funds are available in a Division of Water account 53190676 445100. 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 John W. Danforth Company. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 9, 2009, 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 John W. Danforth Company, an increase in the amount of $273,156.00, as more fully described in the above communication, for work relating to Concrete Spall Repair, C #92011113. Funds for this project are being funded using Environmental Facilities Corporation low interest money. PASSED AYES - 9 NOES - 0 NO. 17 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR WATER FILTRATION PLANT CHLORINATION SYSTEM UPGRADES PROJECT - COLONEL WARD COMPLEX ELLICOTT DISTRICT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide study, design, bid, and construction management services for reconstruction and upgrade of the chlorination system at water filtration plant. The costs for consulting services are estimated not to exceed $150,000. and the construction cost is estimated to be $900,000. The funds are available in a Division of Water account 53210726 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 9, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide study, design, bid and construction management services for reconstruction and upgrade of the chlorination system at the Colonel Ward Complex. Funds for this project are available in Division of Water account 53210726 445100, in a sum not to exceed $150,000. PASSED AYES - 9 NOES - 0 NO. 18 PERMISSION TO HIRE CONSULTANT AND ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF FRUIT BELT REDEVELOPMENT STREETS CARLTON AND HIGH STS BETWEEN MICHIGAN & JEFFERSON CITY OF BUFFALO, COUNTY OF ERIE ELLCOTT DISTRICT The Federal Highway Administration (FHWA) have designated $1.960M for the design, construction and construction inspection of Carlton and High Streets between Michigan and Jefferson Avenues. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5759.40. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Fontana moved That the Department of Public Works, Parks and Streets is hereby granted permission to take proposals and to hire an Engineering Consultant for the design and inspection of the project and further authorizes the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT PASSED AYES - 9 NOES - 0 NO. 19 REPORT OF BIDS HOUGHTON PARK CASINO EMERGENCY ASBESTOS ABATEMENT JOB #0827 LOVEJOY DISTRICT I received the following sealed bids on March 5, 2009 for the Houghton Park Casino, Emergency Asbestos Abatement. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with National Power Associates Corp. to abate the asbestos from the ceiling, piping and walls in the basement of the Houghton Park Casino. National Power Associates Corp. $39,946.00 3695 Pine Ave., Niagara Falls, NY Empire Building Diagnostics $49,000.00 P O Box412, Depew, NY Frontier Insulation Contractors $49,338.00 2101 Kenmore Ave., Buffalo, NY I certify that the foregoing is a true and correct statement of all bids received and that National Power Associates Corp., with a bid of Thirty Nine Thousand Nine Hundred Forty Six and 00/100 Dollars ($39,946.00), is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 38310206 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 6, 2009, 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 Houghton Park Casino, Emergency Asbestos Abatement, Job #0827, to National Power Associates Corp., the lowest responsible bidder, in the amount of $39,946. Funds for the project are available in 38310206 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO. 20 CERTIFICATE OF APPOINTMENT Appointment effective 3/6/2009 in the Department of Public Works, Parks and Streets to the Position of Street Worker, Permanent rd at the 3 step of $31,322 Scott Dargavel, 58 Marbeth Court, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 CERTIFICATE OF APPOINTMENT Appointment effective 3/6/2009 in the Department of Public Works, Parks and Streets to the Position of Building Superintendent, Provisional appointment at the Intermediate Salary of $51,028 William McGuire, 215 Wallace Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 22 "HRM REG NYS LEG TO APPROVE BILL AMENDING V&T LAW REGARDING CIVIL LIABILITY OF VEHICLE OWNERS FOR TRAFFIC SIGNAL VIOLATIONS IN COB" (#68 C C.P. FEB 17, 2009) Dear Common Council, Thank you for requesting my comments on the aforementioned important proposed legislation This legislation will serve to greatly improve public safety and, on behalf of the Buffalo Police Department, I wholeheartedly support it. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 23 USED CAR DEALER 1365 BAILEY (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1365 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Loren's Auto Service & Sales. The attached thereto for Mark Lorenz dba/Loren's Auto Service & Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 24 FORECLOSURE OF TAX; USER FEES; SEWER AND WATER CHARGE LIENS COUNTY COURT,. ERIE COUNTY. IN THE MATTER OF FORECLOSURE OF TAX; USER LIST OF FEES; SEWER AND WATER CHARGE LIENS, DELINQUENT TAX BY PROCEEDING IN REM PURSUANT TO ARTICLE USER FEES; SEWER OF ELEVEN OF THE REAL PROPERTY TAX LAW BY AND WATER THE CITY OF BUFFALO, THE CITY OF BUFFALO CHARGE LIENS WATER BOARD AND THE BUFFALO SEWER IN REM NO. 43 AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. INDEX NO. I2009-1430 Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15-41 of ,the City of Buffalo Code, Section 491-35 of the City of Buffalo Code and Section 10480)(5) and 1180 of the Public Authorities Law of the State of New York, respectively, I, Michael A. Seaman, the Director of 'the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairs; and Enforcing Officer of the City of, Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, identifies those parcels which have been subject to delinquent Tax; User Fees; Sewer and Water Charge Liens held and owned by the City of Buffalo since the 1st day 0f July, 2007, except for those parcels excluded from this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens pursuant to law. The parcels; which are subject to such delinquent Tax; User Fees, Sewer and Water Charge Liens and the amounts due thereon, are identified on Schedule A of this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, which is annexed hereto and made a part hereof`. Pursuant to section 1122(7) of the Real Property office of the County Clerk shall constitute and have the same force and effect as the filing recording in such office of an individual and separate Notice of Pendency against each parcel set forth on this List. COPY AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 25 MAYOR REPORTED OUT OF STATE In accordance with §4-4 of the City Charter, please take notice that I will be out of the state on March 11,2009, and March 12, 2009. I hereby designate Janet Penksa, Commissioner of Administration, Finance, Policy & Urban Affairs, as acting Mayor in my absence. RECEIVED AND FILED NO. 26 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 75 W. Chippewa St Pure Nightclub Inc Joseph Macaluso 45 W. Chippewa St Crazy Horse Spirits Inc RECEIVED AND FILED NO. 27 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Thomas Wiesmore RECEIVED AND FILED. NO. 28 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective March 13,2009 in the Department of Executive Division of Mayor to the Position of Intern VI, UInclassified, Non Competitive at the hourly salary of $10.00/hr Emily A. Bauer, 26 Custer Street, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 29 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective March 9, 2009 in the Department of MIS to the position of Senior Communication Coordinator, Temporary appointment at the Minimum salary of $36,784 Jason Amos, 560 Eggert Rd, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective 3/9/09 in the Department of Public Works, Parks and Streets Division of Engineering to the Position of Sign Fabricator, Provisional Appointment at the Minimum Salary of $34,553.00 Sean Sullivan, 304 O’Kell Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 30 P. BATTAGLIA INTEREST IN PURCHASING 1077 SENECA ST & SCATCHURD PL (FILL) Dear Mr. Harmon, Our company is interested in purchasing 1077 Seneca Street near the comer of Peabody and Seneca Street. This will allow our back-up driveway to be moved farther away from a neighboring resident that is approximately 25 feet from the property line and keep the traffic from our transfer station and recycling center a farther distance away from our neighbor. Our company is also interested in purchasing Scatchurd Place. We want to create a neat and presentable entrance and exit to our neighbors and businesses located in the Seneca Babcock neighborhood. Both of these properties would tremendously better the Seneca Babcock Community and our business. In addition both of these properties would be an increase m revenues for the City of Buffalo by placing them back on property taxes instead of being vacant land. I have enclosed a copy of the tax map circling the specific location of 1077 Seneca Street and Scatchurd place. If you have any questions I can be reached by cell at 725-4816. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 31 BFLO WATER SYSTEM MONTHY REPORT-FEB 2009 Item available for review in The City Clerk’s Office REFERRED TO THE COMMITTEE ON FINANCE NO 32 D. CAMPIERI-APPEAL PRESERVATION BD DECISION RE888 MAIN ST (ELL) Daniel J. Campieri 888 Main Street Buffalo, New York 14202 716-563-0715 March 4, 2009 Dear Sir; As the owner of 888 Main Street, I am appealing the decision of the Preservation Board rendered at the meeting held September 18, 2008. My request for a single wedge style awning was denied in favor of four separate awnings. On July 10, 2008, Elizabeth Martin, SHPO staff architect for the Buffalo Region reviewed my proposal with Gregory Bernas, City of Buffalo Assistant Environmental Program Coordinator, and determined that my proposal for a single wedge style awning would not have any adverse effect on either the building or the Allentown District. The Preservation Board ignored her findings and denied my request. I agree with the state that the awning I originally proposed is reversible and will not have an adverse effect on the building or the district. I am appealing the finding and request a hearing per section 337-26 of the City of Buffalo Preservation Code in anticipation of the Common Council reversing the Preservation Board's ruling. I have attached a photograph of 888 Main, as well as a copy of my application, a copy of the Certificate of Appropriateness, and a copy of the item from the minutes from the Preservation Board meeting held September 18, 2008. Sincerely, Daniel J. Campieri REFERRED TO THE COMMITTEE ON LEGISLATION NO 33 LP CIMINELLI-BOARD PACKET DOCUMENTS MARCH 2009 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on March 2, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated February 2, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 22 -January 2009 4. Phase III Application and Certificate for Payment No. 23 - February 2009 5. Phase IV Application and Certificate for Payment No. 8 - February 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum l Phase III Project - January 2009 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- January 2009 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 34 DESIGN REPORT FOR JOHNNIE B. WILEY Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, March 17, 2009. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 35 B. DAVIS-DAYS PARK BLOCK CLUB AGAINST RENEWAL OF LICENSE 309 HUDSON At a recent Days Park Block Club meeting, it was brought to our attention that the license for the "One Stop Party Store", located at 309 Hudson Street [comer of Cottage St.] Buffalo, NY 14201, will be due for renewal on April 1, 2009. The Days Park Block Club would strongly urge you NOT to renew this license. Over the last 20+ years we [DPBC] have been plagued with numerous occurrences of problematic behavior from the patrons of this establishment. Nearby neighbors have witnessed unsupervised Loitering outside the store, with open bottles of beer while smoking cigarettes [and possibly illegal drugs]. Walking past these individuals is a frightful experience at best. Cars are often parked illegally, playing extremely loud music, while someone runs into the store, it has also been brought to our attention that the illegal selling of single cigarettes is common here. In the past, the DPBC has swept and picked up debris outside the store and the adjacent lot only to be littered again the very next day. We would ask you to use whatever influence you have to deny the renewal of this license. Dolores Murphy, President Days Park Block Club REFERRED TO THE COMMITTEE ON LEGISLATION NO 36 S. DOLESKI-NYSDEC REQ FOR TIME EXTENSION BATTAGLIA TRANSFER STATION 1037-1055 SENECA ST (FILL) The New York State Department of Environmental Conservation (the Department) received your request to extend the deadline for your reply to our State Environmental Quality Review Act (SEQR) coordination letter on the proposed Battaglia Transfer Station at 1037 - 1055 Seneca Street. Your request for an extension of time is granted. Please reply by April 20, 2009. Note that Mr. Battaglia will be instructed to develop a document repository at the Seneca Babcock Community Center so all interested citizens will have access to relevant documents on this proposal. Thank you for your interest in this proposal. We look forward to your comments. For SEQR lead agency designation purposes, we are anxious to ascertain whether the City of Buffalo has discretionary approvals for this action. If you have any questions, please contact me at (716) 851-7165. Sincerely Steven J. Doleski Regional Permit Administrator REFERRED TO THE COMMITTEE ON LEGISLATION NO 37 R. FONTANA-ARTICLE ELDERLY LOVEJOY SISTERS CLAIM FRAUD SCAM ARTIST Contractor allegedly fleeced older women By Lou Michel NEWS STAFF REPORTER Two elderly Lovejoy sisters say they were no match for a smooth-talking home-improvement contractor with a history of fleecing older women. Joseph M. Ralston persuaded the sisters to borrow more than $21,000 on their credit cards to replace a chimney he claimed was in disrepair, police say. About a month ago, Ralston stopped by 85-year-old Dorothy Pannullo's William Street home and told her 70-year-old sister, Carolyn Stevens, their chimney was falling apart, the sisters recalled Monday, a day after Ralston was arrested. Ralston allegedly showed up with a crew of men who scaled the roof of the two-story house and began chipping away at the bricks and mortar joints to prove the chimney was in danger of toppling. "He said our whole chimney needed to be tom down because it was bad," Stevens said. When she tried to argue that his men had just loosened the chimney with their hammers, she said, Ralston ignored her. Pannullo says she feels she and her sister didn't have a chance once Ralston had set his sights on them. Twice, Ralston has spent time in state prison for stealing thousands of dollars from senior citizens in home-improvement scares that span two decades. Nine years ago, when he was sent to prison for scamming three different women in Cheektowaga and Buffalo out of a total of $16,000, he had told the judge he needed professional treatment for his drug addiction. In 1993, he was arrested for a home-improvement scam in the Town of Tonawanda that, authorities said, involved a group of individuals who had charged an 89-year-old Lackawanna woman $1,600 to fix three leaky faucets. In another case, a 90-year-old Lackawanna woman was billed for repairing a chimney that didn't exist. "He's one con artist. He could talk you into anything. He made our chimney look like the whole house was falling down," Pannullo said of the cracks that are now in the walls of her Lovejoy home. "The wall in my dining room is slowly coming down, and the one in my washroom is falling apart too." The damage, the sisters explained, occurred after they hired Ralston's company, R. L. R. Roofing of Buffalo, to take down the old chimney and build a new one from the basement up. Once the old chimney was dismantled, they said, Ralston kept calling with excuses about why he would be delayed in constructing the new one. "On Valentine's Day, he said he couldn't get the men to work. Another time he said he had a truck accident, and another time he said his men were mad at him. He was all excuses," Stevens said. This all took place after the sisters had paid in advance for the work. "We took it off the charge cards. I owe $13,000, and my sister owes $8,300," Stevens said. "I kept going to the bank. For the love of me, I don't know what I was doing. I just knew I had to get the money for his supplies." Their story goes beyond elder abuse, according to Patricia E. Watson, a supervisor in the Erie County Department of Senior Services. "There's a warning here for everybody who is in their homes and their doorbell rings," she said. "If there is someone approaching you with contractor work, first of all, get three estimates. Compare the work that's to be done, including labor, materials and time. Then decide on your contractor, ask for references and look at their work." An arrangement on payments, she added, needs to be spelled out ahead of time. "You never pay 100 percent up front. Some people say a third, and some say 50 percent, and you never give your last payment until the work has been satisfactorily completed," Watson said. Expressing concern for Stevens and Pannullo, she said senior citizens should call her office if they have any questions regarding home improvements and dealing with contractors. "We have all kinds of information on home repairs, and we'll work through the process," Watson said. She can be reached at 858- 8526. As for the two sisters, they think it's doubtful they'll be reimbursed. "It would be a miracle," said Stevens, who moved out of her second-floor apartment and lived with her sister on the first floor of the house for weeks because of damage done by Ralston's workers. To make matters worse, they hired another contractor to build a new chimney, which costs them approximately $3,000. Stevens said she and her sister are "disgusted" about the difference in price between what Ralston and the second contractor charged. The only bright spot, they say, is news that the 43-year-old Ralston has been arrested. "Thank God for that," Pannullo said. Ferry-Fillmore District Officers Robert Gonez and Peter Kocol have charged Ralston, of Brookfield Lane, Cheektowaga, with third-degree grand larceny. Detectives Ralph Skinner and Carmen Menza also were involved in the investigation, which is now being followed up by the Erie County district attorney's office. REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO 38 R. FONTANA-REQUEST CAMERAS ON BRINKMAN AVE (LOV) We have a problem with drugs and gang activity on Brinkman Avenue between Walden Avenue and Rohe Street. We, the members of the Bailey-Brinkman Block Club, have met several times with Chief Scott and Officer Nichols from Precinct [ [, Anton Diggs from the Weed and Seed Program and Councilmember Fontana. and they have suggested that we contact you with regards to having cameras put on the corners of Brinkman and Walden and Brinkman and Robe. We have many elderly residents on this block of Brinkman and they fear for their lives. They refuse to call 911 or 31 I because they fear retaliation. They also fear that when they leave their homes unattended, they may return and find their home has been robbed. They are virtually prisoners in their own homes. We have put out the word to the elderly in this area to call another block club member and we would call 911 or 311 for them. Some are still reluctant to do so. We thank you in advice for giving this matter your consideration. If you need to contact us, feel free to call Larry Blakely as 913-1568 or Patricia Gauthier at 895-3034 or you can e-mail me at pdg225@verizon.net REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO 39 G. WARNOCK-OPPOSE WINE IN GROCERY STORES PROFESSIONAL FIRE FIGHTERS, EMTS OPPOSE WINE IN GROCERY STORES First Responders Cite Increase in Drunk Driving, Underage Drinking ALBANY, NY March 3, 2009 - The New York State Professional Fire Fighters Association, which represents fire fighters and emergency medical technicians from around the State, today announced it has joined the Law Enforcement Against Drunk Driving (LEADD) coalition in its campaign against Governor Paterson's plan to legalize the sale of wine in grocery stores, delis, gas stations, bodegas and anywhere beer is sold. "All too often, our members have seen the tragic impact of drunk driving when responding to fatal car accidents," said Charles Morello, president of the New York Professional Fire Fighters Association. "Just last month, we mourned the death of a Suffolk County police officer as a result of a drunk driving accident. This tragedy, and those that involve underage drinking, should remind us that we must continue to find new ways to reduce drunk driving. We share the concern from LEADD that the Governor's plan will increase drunk driving and underage drinking. For that reason, we urge the State Legislature to reject this proposal." Last year, Massachusetts voters rejected a similar idea because of the devastating impact it would have had on teenagers, and no state has passed this kind of measure in 23 years. In Florida, California and Texas, three states where wine is sold everywhere, the number of alcohol related fatalities per 100,000 is more than double that of New York State. Even worse, alcohol related fatalities of those under age 21 are three times higher in these states where wine is sold everywhere, as compared to New York which has independently owned licensees, legally responsible for preventing youth from purchasing alcohol. Law Enforcement Against Drunk Driving (LEADD) Chairman Dan Sisto said, "We welcome the support of the New York Professional Fire Fighters Association in our campaign against this misguided idea. Like police officers and troopers, these first responders must confront the havoc wrought by drunk driving and underage drinking all over New York. We urge the Legislature to work together to reduce drunk driving, not make alcohol more readily available to teenagers." Ed Frank of Choices 301, Inc., an organization dedicated to combating underage drinking and drunk driving, said, "This proposal would give teenagers easier access to alcohol without the scrutiny that wine sellers and liquor stores provide. That's a dangerous idea that will only lead to an increase in underage drinking and drunk driving deaths. Underage drinking is a serious problem and we must do all we can to eliminate it rather than encourage it. We urge the State Legislature to find a better way to deal with the budget problems." The LEADD coalition includes: New York State Association of PBAs; Police Conference of New York; New York State Association of Chiefs of Police; New York City District Attorney Investigators Association; Police Conference of New York; New York State Troopers PBA; New York City PBA; Nassau County PBA; Suffolk County PBA; New York City Detectives Endowment Association; New York State Sheriffs Association; Port Authority PBA; New York City LBA; New York City CBA; New York State Capital District Parents Who Host Lose the Most Steering Committee; New York State Environmental Prevention Task Force; Choices 301, Inc.; Long Beach Medical Center's Coalition to Prevent Underage Drinking; Western New York Prevention Resource Center at GCASA; Chatham Middle School SADD Chapter. REFERRED TO THE COMMITTEE ON LEGISLATION. NO 40 STATEMENT OF NORMAN BAKOS/SCHILLER PARK SENIOR CITIZENS, INC. Please file the attached information from Norman Bakos that was presented to the Community Development Committee on Tuesday, March 10, 2009. Please refer to the Committee on Community Development. Thank you. COPY AVAILBALE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 41 CITY OF BUFFALO BLOCK GRANT PROGRAM Dear Mr. Chwalinski: Please late file the attached item for further discussion at the next Common Council session to be held March 17, 2009. Thank you in advance for your assistance in this matter. Sincerely, Michael J. LoCurto Delaware District Councilmember March 13, 2009 Steve Banko FOIA Officer US Department of Housing and Urban Development Buffalo Field Office Lafayette Court 465 Main Street, 2nd Floor Buffalo, NY 14203 Dear FOIA Officer: Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of the Monitoring Report of the City of Buffalo Block Grant Program issued in March 2009 I would like to receive the information in electronic format, if possible. Release of the information is in the public interest because it will contribute significantly to public understanding of government operations and activities. As a councilmember for the City of Buffalo, I am primarily engaged in disseminating information. The public has an urgent need for Monitoring Report of the City's Block Grant Program issued in March 2009. If my request is denied ill whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I look forward to your reply within 20 business days, as the statute requires. Thank you for your assistance. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 42 M. RODGERS-INFO RE 83 PROSPECT (ELL) There's a stir in the air that has provided the WVRG with intelligence that the owners of 83 Prospect, Buffalo, NY 14201 are now attempting to obtain a Lodging Establishment License for said property. Having been deeply involved with the establishment of new legislation of Chapter 269 of the City Charter and also the architect of the Rooming House Task Force, I feel I need to direct your attention to the following: Wash, Inc. v. Board of Zoning & Appeals 69 N. Y.2d 406, 413 (1987) In cases involving land use, courts have held that community members have standing to challenge a determination regarding administrative licensing determination...where their homes were in "dose proximity" to the property in question. Manupella v. Troy City Zoning Board of Appeals, 272 A.D.2d 761 (2000). A showing of an actual injury or harm was not required because "it is presumed that they will suffer an adverse impact different in nature or degree than the public at largeId. at 762. Additionally, in our own City Charter, § 269-5. Referral of license application. I] F states: All new applications for a lodging establishment shall be referred for approval by the Common Council, which shall consider the impact of such activity upon surrounding neighborhoods and upon other relevant factors such as but not limited to public health, safety and welfare. It is with this in mind that we come to you and insist that we, the citizens having to live in close proximity to this proposed new Lodging House, be advised of and consulted with before any such action or approval by the Common Council or the Department of EDPIS. Currently, the constraints and advice within the language of the permits and/or the Certificate of No Effect that have been issued for said remediation of the property have not been met by its ownership. Additionally, requests for full disclosure of all communication between the WVRG and the West Village Block Club with the Department of EDPIS has not been totally forthcoming, even under a FOIL request. And, there are other issues, within the paperwork, itself, that we leave to your noble body to ascertain. Since the fire on May 1, 2007, the neighborhood has been quite livable and peaceful. Although you may consider the application of a new owner for licensure, you must also provide due diligence to the concerns of the neighborhood while viewing the cavalier attitude towards working within the advice and constraints of the issued permits and CNE. Under the oaths taken by our city leaders and others, Inspectors MUST perform their duties to the letter of the law and ordinances. The members of the WVRG and the block clubs it represent shave not travelled this far in changing essential legislation for the betterment of neighborhoods to have it stifled by a process not recognizing proper due diligence. Many of you know of my personal work in the matter of Rooming Houses in our great city and also recognize the passion I have for safe, secure neighborhoods for our families, children and seniors as well as residents of Lodging Establishments. That passion transcends my personal feelings and beliefs and is also felt and acted upon by my neighbors, the WVRG Board of Directors and Board of Advisors, as well as the individual block clubs within the boundaries of this triple-designated historic district - Buffalo's West Village. Please do not consider this a treatise lacking proper knowledge of the laws and ordinances that govern our citizens and their actions. We are standing strong and demand to be heard to assure accountability is in place for all parties - the ownership of said property, our government and public servants and, us as citizens, as well. We look forward to your quick reply and hope it is forthcoming by Friday, March 6, 2009. We also ask that, if there is any intention for Council administration and/or approval of such licensure scheduled or late-filed for the meeting on Tuesday, March 3, 2009, it is placed as :Received and Filed" until such time the community concerns are heard by your Honorable Body and Commissioners. We thank you, in advance, for your due diligence in the proper process and look forward to your response. Sincerely, Marilyn Rodgers REFERRED TO THE COMMITTEE ON LEGISLATION NO 43 OLMSTED PARKS CONSERVANCY APPTS DUDEK-VICE PRESIDENT Olmsted Parks Conservancy names John E. Dudek Vice President, Institutional advancement Buffalo, NY -The Buffalo Olmsted Parks Conservancy recently appointed John E. Dudek to the position of Vice President of Institutional Advancement. Mr. Dudek will coordinate the fundraising, marketing and public relations strategies of the Conservancy and improve donor cultivation and corporate sponsorship relationships and revenues. The Conservancy enlisted Ferrari Search Group to lead the national search for this executive level position. "John brings more than twenty years of leadership and problem-solving expertise to the Conservancy .He is a dedicated professional and I am confident he is the right person to lead our Development team toward a successful future," said Thomas Herrera-Mishler, president & CEO, Buffalo Olmsted Parks Conservancy. A Buffalo native, John Dudek most recently served as Acting Executive Director of Hunter’s Hope Foundation, a parent support and advocacy organization raising funds and awareness to find a cure for Krabbe disease and other leukodystrophies, and to promote Universal Newborn Screening. Hunter’s Hope was founded by former Buffalo Bill Jim Kelly and his wife, Jill. During this nearly four years with Hunter’s Hope, Dudek represented the Foundation at all levels including nationally to government officials, medical personnel and scientific researchers, planned and coordinated various events, and managed relationships with sponsors and larger donors. Dudek is the former Supervisor in the Town of Elma, NY where he initiated a $3M Town Hall construction project, built at no additional cost to residents. He also improved various town facilities through successful grant awards and developed cooperative water district agreements with neighboring towns. Dudek currently sits on the Board of Directors for Elma Marilla Wales Recreation Soccer and the Tabernacle in Orchard Park, and is active on the Festival Operations Team for Kingdom Bound Ministries in Williamsville. He is a past Board Member and past President of the Elma Business Association. John Dudek received a B.A. in Political Science from SUNY at Buffalo. He also participated in the Creative Problem Solving Institute at the Creative Education Foundation in Buffalo, a non-profit membership organization comprised of leaders in the field of creativity theory and practice. Interviews and digital color photo of John Dudek are available by contacting Katie Rampino at (716) 838-1249 ext. 30 or krampino@buffalosolmstedparks.org. The Buffalo Olmsted Parks Conservancy is a 31 year old, not-for-profit, independent, community organization that promotes, preserves, restores, enhances, and ensures maintenance of Frederick Law Olmsted-designed parks and parkways in the Greater st Buffalo area now and for future generations. The Conservancy recently released its plan for 21 Century, a blueprint for the management and restoration of the entire park system. Listed on the National Register of Historic Places, the Olmsted system in Buffalo is the first of its kind in the nation designed by America’s greatest landscape architect. RECEIVED AND FILED NO 44 WEST VILLAGE BOCK CLUB-CONCERNS 83 PROSPECT (ELL) Mr. Reilly: We are writing express our concerns regarding the evident mismanagement of Inspections and Permits for Big start Development, LLC and their property located at 83 Prospect, Buffalo, NY 14201. In an expression borrowed from a Master Electrician that we have utilized as a consultant: "My God, we're talking about people's lives here." This travesty has been an ongoing resource of anxiety to the entire Historic West Village due to inequitable inspections and permissions starting from the original promises of Big Star to our community to the recent findings of our Rooming House Sub- committee. Although Big Star had stated they invited 65+ households to view the property on Thursday, March 12, 2009, not one household on the surrounding streets that comprise the West Village received this notice, nor did the principles of the West Village Block Club with addresses and homes on Prospect Avenue. Being a unified group of citizens, we were able to convene the necessary parties to attend the viewing, much to the owners' consternation. The property has, in-hand, a Certificate of Occupancy. We are at a loss as to how this permission was granted as, during our viewing that also included experienced fire, electrical and construction personnel, many violations of the building and fire code were witnessed. Examples: BX cable is mounted on the walls and ceilings; asbestos laden pipes are found in the basement (although we were told an asbestos inspection had been performed); work was done without permits; there are fire escape issues and many other items that would have prevented this property from receiving a Certificate of Occupancy. Additionally, there are a multitude of other violations that were either ignored or overlooked. And, perception is everything, as we had mentioned during a meeting with the Mayor and then-commissioner Richard Tobe when it comes to what the inspectors allow to pass. There have been a total of four FOIL requests that have either gone unanswered or where little or no true documents have been provided, the last request having been made on Friday, March 13, 2009. We will invoke Article 78 if needed to assure we receive all requested records. We are requesting an in-house inspection of said property allowing a consulting inspector with a Master License in electricity selected by the WVRG along with a representative from our organization to occur within the next two weeks. We are also requesting that any and all Certificates of Occupancy be rescinded until such time that said inspection is performed and all work is properly permitted and performed in accordance with all fire and building codes. We are also demanding the property not be allowed a Lodging House License at this or any time in the future. We are providing you with a five-business day window with which to respond to this letter. If you decide to ignore our requests, unfortunately, due to the lack of cooperation we have thus experienced on this and other matters through the years, we will contact the media to continue our quest for equitable inspections and permit processes in accordance to law. Sincerely, Marilyn Rodgers REFERRED TO THE COMMITTEE ON LEGISLATION NO 45 D. SMITH- DAY CARE TAX PENALTY Item #70, C.C.P. February 17, 2009 “Day Care Tax Penalty” (Mast) I received your letter dated March 5, 2009 with reference to above matter. Please be advised that the day care providers paid by the Erie County Department of Social Services are licensed by the State of New York and as such are not "casual babysitters" as indicated in your attached resolution. There are also non-licensed or informal (legally exempt) day care providers. These providers still must apply and register through a careful screening process established by the NYS Office of Children and Family Services (OCFS) as codified under 18 NYCRR 415. They too would not be considered "casual babysitters." A parent has the options to use an informal provider and that provider then can opt to care for the child(ren) in their own home or at the child(ren)'s home. The latter is considered In-Home day care and as such the day care voucher is sent to the parent, although both the parent and provider have to complete, sign and return it. The check for those services is sent to the parent and the parent is responsible to pay the provider. In those cases the Department would not issue a 1099 form to the provider. The instructions for Box Three (Other Income) on form 1099-MISC state in pertinent part: Enter other income of $600 or more required to be reported on Form 1099-MISC that is not reportable in one of the other boxes on the form. Also enter in box 3 prizes and awards that are not for services performed. Other items required to be reported in box 3 include the following. 1. Generally, all punitive damages, any damages for nonphysical injuries or sickness, and any other taxable damages. Damages received on account of emotional distress... Also report liquidated damages received under the Age Discrimination in Employment Act of 1967. Taxable back pay damages may be wages and reportable on Form W-2. 2. Payments as explained on page 2 under Deceased employee's wages. 3. Payments as explained on page 3 under Indian gaming profits, payments to tribal members. 4. Payments made to former employees while they are in military service with the United States Government or active service with the National Guard. 5. Termination payments to former self-employed insurance salespeople. 6. A payment or series of payments made to individuals for participating in a medical research study or studies. I believe that it is self-evident from the above descriptions that income derived from providing Day Care services would not qualify such income for inclusion in this category. The instructions for Box Seven (Nonemployee Compensation) on form 1099-MISC state in pertinent part: Enter nonemployee compensation of $600 or more. Include fees, commissions, prizes and awards for services performed as a nonemployee, other forms of compensation for services performed for your trade or business by an individual who is not your employee. Generally, amounts reportable in box 7 are subject to self-employment tax. If payments to individuals are not subject to this tax and are not reportable elsewhere on Form 1099-MISC, report the payments in box 3. However, report section 530 (of the Revenue Act of 1978) worker payments in box 7. What is nonemployee compensation? If the following four conditions are met, you must generally report a payment as nonemployee compensation. • You made the payment to someone who is not your employee; • You made the payment for services in the course of your trade or business (including government agencies and nonprofit organizations); • You made the payment to an individual, partnership, estate, or, in some cases, a corporation; and • You made payments to the payee o fat least $600 during the year. Examples. The following are some examples of payments to be reported in box 7. Professional service fees, such as fees to attorneys (including corporations), accountants, architects, contractors, engineers, etc. Payment for services, including payment for parts or materials used to perform the services if supplying the parts or materials was incidental to providing the service. A fee paid to a nonemployee, including an independent contractor, or travel reimbursement for which the nonemployee did not account to the payer, if the fee and reimbursement total at least $600. While not versed in the Federal Tax Code, it is my understanding that self-employment tax is a social security and Medicare tax primarily for individuals who work for themselves and not specifically for "businesses" as stated in the proposed resolution. I also believe that income derived from providing day care services falls into this category and must be reported as such. Therefore, despite the good intentions of the proposed resolution, the Erie County Department of Social Services cannot "report daycare income as other income in (Box 3) for regular tax purposes" because we believe that it would be a violation of the Federal Tax Code as well as OCFS Regulations. At the Department of Social Services we strive to address all questions and complaints and we thank you for your concern. Please feel free to contact me at 716.858.7511 if you have any questions. Very truly yours, Michael Weiner, Commissioner Erie County Department of Social Services REFERRED TO THE COMMITTEE ON LEGISLATION NO 46 D. SMITH-INFO DAY CARE TAX PENALTY Please file the attached item for further consideration at the next Common Council session to be held March 17, 2009. Your assistance is greatly appreciated. From Roberta Constantin/H & R Block Memo: .Daycare Earnings Provided by Dept of Social Services Attached please find an example of what a 1099- mist statement looks like. The issue is, I would like to see the agency report earnings in box 3 instead of box 7, so the casual sitter is not subject to self-employment tax. If earnings are reported in box 3, the taxpayer can report the income on line 21 of their federal tax return and only pay regular Income tax. When earnings are reported in box 7 the taxpayer must file a Schedule C (Self-Employment) and is subject to income tax and self-employment tax. Please be aware I am only referring to the casual sitter and not a licensed daycare provider. I appreciate your time and attention, Sincerely: Roberta Constantin REFERRED TO THE COMMITTEE ON LEGISLATION NO 47 W. TREZEVANT ESQ-REQUEST HEARINGS REGARDING CERTAIN ALLEGATIONS Dear Councilman Franczyk: On behalf of a number of Buffalo residents, I am writing to request that the Common Council conduct formal hearings regarding certain matters which are described below. These matters involve allegations of misconduct elected and appointed city officials, and as such any investigation of these matters properly rests with the Common Council. First, as you may be aware, there have been a series of published reports regarding the private financial dealings of Councilman Davis. While this is not normally an item that would lend itself to a Common Council hearing, there are additional facts regarding Mr. Davis, that if true, represents abuse of his official capacity. In this regard, there have been published reports in the local media, (i.e. Artvoice) that Mr. Davis's activity of passing bad checks to local businesses is not a singularly isolated event involving the restaurant formerly know as One Sunset. Rather, there have been allegations made and independently confirmed that Mr. Davis has repeatedly engaged in a systematic pattern of bouncing checks at neighborhood corner stores. When store owners sought to recoup the monies they had provided to Mr. Davis, these store owners were threatened with the closing of either their businesses or those of their relatives. When threatened in this manner, the store owners chose to abandon their collection efforts. The point here is clear. These allegations, if true, constitute a criminal offense. Moreover, the pattern of criminal activity combined with the threat to use his elected position to single out and punish his victims is an outrageous abuse of public office. Normally these criminal matters would be investigated by the Buffalo Police Department, but in this case, Mr. Davis sits as the Chair of the Buffalo Police Oversight Committee. As a result, none of these allegations have been investigated by anyone except the media which has been able to confirm the allegations. I am requesting that the Council perform an investigation of these issues. Second, there have been allegations made that Mr. Davis has used public monies for his private enterprises. To wit, there has been a particularly disturbing assertion that CBDG monies which were designated for the Ellicott District were instead directed to the One Sunset business. In addition, there is an allegation that BERC monies were also used to assist the One Sunset business, monies that were redirected from other projects. There is no way to independently ascertain the truth or falsity of these allegations. Thus, I am requesting that the Council perform an investigation of these issues as well. Third, as you may know, on November 7, 2008, members of the Buffalo Police Department searched the home of Syaed Ali at his Breckenridge address. Pursuant to this search, a number of his belongings were confiscated. Subsequent to this search, Buffalo Police Officers questioned Mr. Ali regarding his connection local elected officials, including City of Buffalo Council Members. It has now been approximately 16 1A weeks and his property has not been returned, nor have any formal charges been filed against Mr. Ali. What is particularly troubling is the role of the Buffalo Police Department in this matter. Under normal circumstances, the Chair of the Buffalo Police Oversight Committee would be charged with conducting just such an investigation. However, there has been no such hearing inasmuch as Mr. Davis is the Chair of the Committee and is apparently embroiled in his own issues which may or may not be the subject of a Buffalo Police investigation itself. As a result, the important work of the Common Council regarding serious issues has gone wanting. There is a distinct and palatable disdain and mistrust with open discussions of a coordinated cover-up of these issues. The Common Council is the only body with the ability to investigate these matters and I hereby request that the Common Council do so. In addition, I request that the Common Council remove Mr. Davis as the Chair of the Buffalo Police Oversight Committee given the obvious conflict of interest. Should you have any questions or concerns, please feel free to contact me at your convenience. Very truly yours, William F. Trezevant, Esq. REFERRED TO THE COUNCIL PRESIDENT NO 48 WEST VILLAGE BLOCK CLUB-CONCERNS 83 PROSPECT (ELL) Dear Councilman Davis: This letter is to reiterate the concerns of the West Village Block Club community, which will be impacted by the reestablishment of a 20 plus bed rooming house at 83 Prospect Avenue. As you are aware, the history of this building has not been a good one for the West Village. A look at the police reports for this building over the years shows that it has been the source of innumerable police trouble calls. Neighbors can relate many tales of behavior that no community should have to endure. The actions of the present owner have done little to give encouragement to the community. Much of the work undertaken over the past year appears to have been done without permits, perhaps by unlicensed and unskilled persons. The owner has done work in contravention to historic district guidelines and has refused to respond to remedial instructions of the Buffalo Preservation Board. The community has been told or given to understand that the building will be apartments, then student housing, now a rooming house. The West Village is Buffalo's nearest to downtown residential neighborhood. As late as 1970 nearly every building was a rooming house and the neighborhood was in crisis. At this time two conflicting trends began acting on the area. Rooming houses began to be renovated into a mixture of apartment buildings and 1 and two family homes. At the same time changed state policies began to result in a flood of persons with serious social/emotional problems living in the remaining rooming house. The closing of 83 Prospect, the largest if these remaining rooming houses, has had a very significant impact on our regaining ownership of our neighborhood and improving our quality of life. We are asking you to help us continue to enjoy the quality of life that makes the West Village a desirable inner city neighborhood for the diverse range of residents who live here and have made a commitment to urban living in the city of Buffalo. Please insure that we are informed of any meetings or actions with regard to this property. Yours truly James E. Carr REFERRED TO THE COMMITTEE ON LEGISLATION NO 49 W/FRONT VILLAGE ADVISORY COUNCIL-REQ CITY UPDATE ON URBAN RENEWAL PLAN Dear Mayor Brown: We are writing on behalf of residents at the Waterfront Village to request the City update the existing Urban Renewal Plan, Waterfront Redevelopment Project prior to approving additional development within the Village. The Urban Renew Plan for the area was devised in 1963. Development has occurred sporadically throughout the ensuing decades, primarily in the 1980's, and mostly without adherence to the Plan. Nearly 100% of the remaining undesignated landmass in the Waterfront Village is currently under consideration for development. This amounts to nearly 20% of the total landmass in this established neighborhood. Encompassing 306 residential units with an assessed value in excess of $75,000,000, the Waterfront Village is widely regarded as one of the City's most desirable neighborhoods and is generally recognized as a success story. However, the multiple development projects currently under consideration have the potential to threaten the neighborhood as a desirable location to ]ive and work. Individual development proposals could increase the number of residential units by as many as 182 units or 60% of the existing number of units and available commercial space by more than 230,000 square feet or 230% of the existing office space. The following proposals are currently under consideration or have received recent approval: Waterfront Place, Phase I - 64 residential units including 49 units in a high rise and 15 townhouses on Ojibwa. (Currently under construction) Waterfront Place, Phase II - 54 residential units including a second high rise and townhouses on Lakefront Blvd. (Option for approval) Nemo Development - 30 residential units at the north end of Lakefront Blvd. (Currently approved by City Planning Board) • 240-260 Lakefront Blvd - Two residential developments are currently under consideration. Proposal #1 would construct 16 townhouse style units, Proposal #2 calls for construction of a 26 unit mid-rise tower and 8 townhouse style units. (Both proposals are currently under consideration for Designated Developer status.) 10-15 LaRiviere Drive - Two commercial developments are currently under consideration. Proposal #1 would construct a 230,000 square foot complex including Class A office space, retail, and a hotel. Proposal #2 would construct a hotel. (Both proposals are currently under consideration for Designated Developer status). Proposed improved public access to the Erie Basin Marina. While each of these projects has either been recently approved or is currently under consideration, it appears that each is being considered solely on its individual merits and without regard to the interrelationship of the projects to each other and to the entire Waterfront Village,as an established community. Common elements, including greenspace and parking availability, have a significant effect on the character of the Waterfront Village. Failure to consider these elements in the final phase of Waterfront Village development could significantly affect the character and assessed value of this neighborhood. On behalf of the residents of the Waterfront Village, we ask that the City not approve further development proposals until such time as the Waterfront Village Master Plan can be updated lo insure completion of this neighborhood in a manner consistent with the City's economic development objectives, improved access for all to the waterfront, and maintained neighborhood value and character. For the Waterfront Village Advisory Council which represents: Admiral's Walk Breakwaters Gull Landing Harbour Pointe Lakefront Commons Marina Park Portside Rivermist Waterfront Circle REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT PETITIONS NO. 50 L. ZHEN QIU, OWNER, USE 3268 MAIN-PERMIT SALE & CONSUMPTION OF BEER & WINE "MING CAFE" (UNIV)(PUB HRG 3/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 M. LONGO, OWNER, USE 200 DELAWARE FOR A GROUND SIGN (EII)(HRG, 3/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 52 BROTHER MICHAEL OBERST, AGENT, USE 807 CLINTON ST FOR A HSF (FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 53 J. DALY, OWNER, USE 1854 HERTEL AVENUE FOR AN OUTDOOR CAFE (UNIV)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 54 APPT EXECUTIVE ASSISTANTTO THE MAYOR(MAYOR) CCP# 1, 3/3 That the above item be the same and hereby is Received and Filed ADOPTED NO. 55 APPT STREET REPAIR WORKER(MAX)(HOWARD)(PW) (CCP# 18,3/3) That communication 18 of march 3, 2009 be received and filed and that the permanent appointment of Salvatore Howard, 1490 Southside Pkwy, Buffalo, NY 14220 at the maximum salary of $33,314 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 56 APPT WATER METER MECHANIC(MAX)(BARTH, MARSHALL) (CCP# 19,3/3) That Communication 19 of March 3, 2009 be received and Filed and that the Permanent Appointment of Andrew Barth, 157 Parkview Ave, Buffalo, NY 14220 and Charles E. Marshall, 104 Northampton St, Buffalo, NY 14209 at the maximum salary of $33,717 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 57 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTY CLK) CCP# 31, 3/3 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 58 REQUEST APPROVAL OF SYSTEM AGREEMENT BETWEEN TYLER TECH INC. AND CITY (ITEM NO. 8, C.C.P., MAR. 3, 2009) That the Department of Assessment and Taxation be, and he hereby is authorized to expend $560,000.00 for the implementation of the MUNIS Tax & User Fee Billing Software as per the System Agreement between Tyler Technologies, Inc. and the City. Funds for the program are set aside as part of the City of Buffalo efficiency grant. PASSED AYES - 9 NOES - 0 NO. 59 PERMISSION TO INCREASE CONTRACT WITH IBM CORPORATION FOR VOIP PHONE SYSTEM IMPLEMENTATION (ITEM NO. 9, C.C.P., MAR. 3, 2009) That the Director of Management Information Systems be, and he hereby is authorized to issue change orders, as enumerated in the attached item, a total increase in the amount of $432,929.47, as more fully described in the above communication, for work relating to contract with IBM Corporation for VoIP Phone system implementation, Contract #93000111. Funds for this project are available in the existing efficiency grant money reserved for Phone system upgrade. PASSED AYES - 9 NOES - 0 NO. 60 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE RECONSTRUCTION OF THE MLK PARK HUMBOLDT BASIN - SPLASH PAD (ITEM NO. 13, C.C.P., MAR. 3, 2009) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire a consultant to provide design, bid, and construction phase services for the Reconstruction of the Martin Luther King Park Humboldt Basin - Splash Pad. The costs for consulting services are estimated not to exceed $235,000.00. Funds for this project are available in Capital account 31450106 445100. PASSED AYES - 9 NOES - 0 NO. 61 PERMISSION TO HIRE CONSULTANT - ERIE BASIN MARINA (ITEM NO. 14, C.C.P., MAR. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bids for the repair work at the Erie Basin Marina. The costs for consulting services are estimated not to exceed $250,000.00. Funds for this project are available in Bond Fund 30000106-445100. PASSED AYES - 9 NOES - 0 NO. 62 "D 2QUARTER GAP SHEET(A&F) CCP# 26, 3/3 That the above item be the same and hereby is Received and Filed / ADOPTED NO. 63 RESULTS OF NEGOTIATIONS - 1269 GENESEE (ITEM NO. 7, C.C.P., OCT. 2, 2007) (ITEM NO. 49, C.C.P., MAR. 3, 2009) th That the offer from Pastor Gary Chance of Peace Power and Faith Ministries International, Inc., 123-65 147Street, Apt. 123-A, Jamaica, New York 11436, in the sum of eight thousand and four hundred dollars ($8,400.00) for the purchase of 1269 Genesee, 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 Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 64 INCREASE DOCK SLIP RENTAL FEES (EXCEPT LSTRES) CCP# 87, 12/26 That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 65 TRANSFER FIVE (5) HOMES IN SYCAMORE VILLAGE SUBDIVISION (ITEM NO. 76, C.C.P., MAR. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the hearing be opened seconded by Mr. Franczyk Appearances Francisco Guzman-BURA Councilmember Davis Mr. Fontana moved that the hearing be closed seconded by Mr. Kearns Mr. Kearns moved: That the Mayor, the Chairman, Vice Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the following purchasers which is subject to approval of Agency Legal Counsel: Transfer of: Lot 1,375 Sycamore Street to Walter Hargrove, in the amount of $150,000.00; Lot 5,407 Sycamore Street to Danielle McCarleyin the , amount of $150,000.00; Lot 9, 427 Sydni Lane to Linda D. Thomas, in the amount of $200,000.00; Lot 15, 25 Sydni Lane to Adrian and Sharon Jones, in the amount of $200,000.00; Lot 16, 31 Sydni Lane to Valerie Harge and Dwain M. James in the amount of $200,000.00. PASSED AYES - 9 NOES - 0 NO. 66 TRANSFER FIVE (5) HOMES IN SYCAMORE VILLAGE SUBDIVISION (BURA) (ITEM NO. 27, C.C.P., MAR. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED NO. 67 OUTER HARBOR TRANSPORTATION PROJECT IS SHOVEL-READY AND SHOULD BE FUNDED THROUGH THE FEDERAL ECONOMIC STIMULUS PACKAGE (ITEM NO. 79, C.C.P., MAR. 3, 2009) That the Common Council requests that Governor Patterson and the New York State Department of Transportation officials move quickly to reconsider the original proposal for the Buffalo Outer Harbor Project, amend the current design to eliminate the embanked portion of Route 5, and file a Supplemental Final Environmental Impact Statement so that this project can be considered eligible for Federal Stimulus Funding, as well as to ensure that the future design of Route 5 compliments our community's vision for its waterfront and the adjacent South Buffalo Outer Harbor. ADOPTED NO. 68 2009-2010 ANNUAL ACTION PLAN (YEAR 35 COMMUNITY DEVELOPMENT BLOCK GRANT) (ITEM NO. 57, C.C.P., MAR. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED. LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. NO. 69 FOOD STORE LICENSE - 332 ELMWOOD SOUTH (ITEM NO. 21, C.C.P., MAR. 3, 2009) 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 re, committed to the Committee on Legislation ADOPTED NO. 70 FOOD STORE LICENSE- 1291 BROADWAY (ITEM NO. 28, C.C.P., SEPT. 30, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Saleh Ahmed located at 1291 Broadway (Buffalo Mini Mart). PASSED AYES - 9 NOES - 0 NO. 71 FOOD STORE LICENSE- 1571 BROADWAY (ITEM NO. 24, C.C.P., NOV. 12, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mazen Saeed d/b/a Royal Broadway Food Inc. located at 1517 Broadway. PASSED AYES - 9 NOES - 0 RESOLUTIONS NO 72 BY: BRIAN C. DAVIS PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE IN FRONT OF TRINITY EPISCOPAL CHURCH Whereas: The Trinity Episcopal Church, located at 371 Delaware Avenue, will be hosting the Trinity White Elephant Sale; and Whereas: To celebrate the event, they would like permission to temporarily hang a banner across Delaware Avenue, directly in front of the Church, beginning Monday, April 13 until Monday, May 4, 2009; and Whereas: The Trinity Episcopal Church is familiar with the banner requirements, and will purchase the necessary bond before the banner is hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Trinity Episcopal Church to hang a banner advertising the Trinity White Elephant Sale; and Be It Further Resolved: That the Common Council of the City of Buffalo grants permission for the Trinity Episcopal Church to hang a banner will hang from Monday, April 13 until Monday, May 4, 2009 at 371 Delaware Avenue; and Be It Finally Resolved: That the banner meets all the requirements of pertinent City departments and that no existing laws are violated. ADOPTED NO 73 BY: MR. FRANCYK DESIGNATE CENTRAL TERMINAL AS FAST SPEED RAIL HUB WHEREAS: The Obama Administration has provided $8-billion in stimulus funding for high speed rail projects, with the State of New York hoping to capitalize on these monies by building a fast train between Buffalo and Albany; and, WHEREAS: The high speed rail initiative provides a golden opportunity to renovate the New York Central Terminal, the massive Art Deco East Side landmark which was specifically designed to be one of the nation's most magnificent train stations; and, WHEREAS: The Central Terminal Restoration Corporation has raised nearly $2-million to revitalize the Central Terminal, and annually attract more than 50,000 to numerous events held in the grand concourse; and, WHEREAS: High Speed rail funding could be used to complete renovation work at the Central Terminal, which at the same time would be a powerful engine of rebirth to an economically disadvantaged East Side neighborhood; and, WHEREAS: Designating the Central Terminal as the fast speed rail hub fulfills an important preservation goal, as well as pours tremendous resources into the East Side and City of Buffalo; and, NOW THEREFORE BE IT RESOLVED That the Common Council supports the Central Terminal as the prime station and central hub of the fast speed rail project between Buffalo and Albany; BE IT FURTHER RESOLVED: That stimulus high speed rail money be used to renovate and restore the Central Terminal as the high speed rail station; and, BE IT FINALLY RESOLVED: That the Common Council requests support for designating the Central Terminal as the prime station for the proposed fast speed Buffalo to Albany train from our federal and local delegations, including, Rep. Louise Slaughter, who has demonstrated support for the Central Terminal neighborhood, and who's congressional district includes the Central Terminal, Congressman Brian Higgins and Senators Charles Schumer and Kirsten Gillibrand; and, BE IT FINALLY RESOLVED: That the Common Council also asks for support for the designation of the Central Terminal from Governor David Paterson and our state delegation, including Assemblywoman Crystal Peoples (who has dedicated funding to the Central Terminal), State Senator Antoine Thompson, Senator William Stachowski, and our entire Western New York Senate and Assembly delegation. NDRD 1st RESOLVE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 2 AND 3 RESOLVE ADOPT NO 74 BY: DAVID A. FRANCZYK HOMESTEAD OF 36 GUILFORD TO HABITAT FOR HUMANITY Whereas: The City of Buffalo has acquired 36 Guilford though In Rein #39, Serial No. 974 on November 19, 2007; and Whereas: Pursuant to the Urban Homestead Amendment of the Urban Homestead Renewal Plan approved by the Common Council Item #127, C.C.P. May 17, 2005 the Office of Strategic Planning submitted a revised list of properties within the approved Comprehensive Code Areas and Urban Renewal Areas, which was approved by the Common Council pursuant to Item No. 197, C.C.P. 7/24/07; and Whereas: Habitat for Humanity/Buffalo, Inc. has requested to acquire 23, 25, 34 & 36 Guilford in order to build two new homes through the homestead process; and Whereas: The property at 36 Guilford is within the Comprehensive Code/Urban Renewal area but was not on the revised list that was approved by the Common Council because at that time the property was not City owned. Now, Therefore, Be It Resolved: That Your Honorable Body approve to amend the revised list of eligible properties which are encompassed within the overall Urban Homestead Urban Renewal Plan Project boundaries, in accordance with the Urban Homestead Urban Renewal Plan to include 36 Guilford. PASSED AYES - 9 NOES - 0 NO 75 BY: MR. FRANCZYK NEGOTIATE SALE OF 318-396 WILSON STREET INCLUSIVE WHEREAS: The City of Buffalo in general, and the East Side in particular, is replete with vacant lots; and, WHEREAS: With the proposed demolition of approximately 10,000 more parcels, there will be even more vacant parcels; and, WHEREAS: Each and every vacant parcel will not be developed with new housing or businesses; and, WHEREAS: A unique and innovative approach to the vacant lot problem is urban agriculture, provided the land is tested for suitability; and, WHEREAS: A vast stretch of Wilson Street between Broadway and Sycamore Street is vacant land; and, WHEREAS: The Stevens family relocated from a farm community outside of Buffalo to their new home at 812 Fillmore Avenue; and, WHEREAS: The Stevens family is working closely with the Harris family, which is spending nearly a hundred thousand dollars to totally gut rehabilitate the formerly city owned house they saved from demolition at 798 Fillmore Avenue; and, WHEREAS: These urban pioneers, all former suburbanites who live or will live in East Buffalo, have also proposed acquiring lots behind their homes to develop urban farming for their own uses; and, WHEREAS: The Stevens family should be applauded and supported in their proposal to develop urban farming on Wilson Street across from their home, particularly in light of the rise in the growth of locally grown organic produce, which could be used as a nutritional and educational tool; and, WHEREAS: The sale of these lots puts these properties back on the tax roles; and, NOW THEREFORE BE IT RESOLVED: That the Common Council supports and approves the selling of the following city lots to Mark Stevens of 812 Fillmore Avenue: 318, 320, 324, 328, 330, 332, 336, 338, 340, 344, 348,352,354,35,360, 364, 366, 368, 370, 376, 378, 382, 384, 386, 392 and 396 Wilson Street. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 76 BY: MR. FRANCZYK SEQR LEAD AGENCY COORDINATION, BATTAGLIA TRANSFER STATION: 1037-1055 SENECA STREET, CITY OF BUFFALO, ERIE COUNTY Whereas: On February 19, 2009, the New York State Department of Environmental Conservation's Division of Permits for Region Number 9 advised the City of Buffalo that it had received an application from Battaglia Demolition, Inc. to modify its Solid Waste Management Permit for the facility located at 1037-1055 Seneca Street within the City of Buffalo; Whereas: The modification application involves a request to increase the facility's municipal solid waste; recyclable materials; yard waste and land clearing debris (in addition to construction and demolition debris) through the use of a 13,000 square foot building addition, installation of a second entrance to Peabody Street, and a change of operating hours, in addition to the potential of future rail transfer operations; Whereas: The applicant has falsely identified the only two City approvals needed for the project as being "Building Permit approval" and "Road Cut approval" on Part 1 of its Long Environmental Assessment Form, without reference to the need for a Transfer Station License pursuant to Buffalo City Charter and Code §263-27 (a copy of which is attached hereto and made a part hereof), which requires a Transfer Station License to operate the above-described facility within the City of Buffalo; Whereas: Battaglia Demolition, Inc.'s intended use of the property clearly requires the concurrent approval of the Common Council of the City of Buffalo and the City of Buffalo Planning Board, pursuant to Buffalo City Charter and Code §263-29; Whereas: The New York State Department of Environmental Conservation has identified the proposal as an "Unlisted" Action and has elected to undertake a Coordinated Review of the action and has also advanced the position "that a 'Positive Declaration', a Notice of Determination of Significance, and preparation of a Draft Environmental Impact Statement is appropriate for the review of this proposal since significant adverse local impacts such as odors, noise and truck traffic may result from this proposal ; Whereas: The Common Council is particularly sensitive to the potential adverse local impacts of the proposal due to the tremendous public nuisance caused by the New York City garbage train in the Clinton/Bailey and surrounding neighborhood in 2003; and, WHEREAS: Notwithstanding the protracted health risk to Buffalo residents in the impacted area, Battaglia Construction attempted to replicate this disaster by proposing to bring solid waste garbage to the Seneca Street sight, roughly a mile from the site of the original garbage train facility; and, Whereas: While this Common Council agrees with the Department of Environmental Conservation's position that significant adverse local impacts may result from this proposal, necessitating a "Positive Declaration" and the preparation of a Draft Environmental Impact Statement, the Common Council believes that the anticipated impacts of the action being considered are primarily of local significance, thereby necessitating that it be designated as the Lead Agency pursuant to 6 NYCRR 617(b)(5)(v)(a); Whereas: 6 NYCRR Part 617.6(b)(5)(i) provides a mechanism for an involved agency to request that the Commissioner of the New York State Department of Environmental Conservation designate the appropriate Lead Agency for the project upon the criteria specified in 6 NYCRR Part 617.6(b)(5)(v); Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo formally objects to the New York State Department of Environmental Conservation, Region 9 Division of Permits' request to act as Lead Agency in the above-referenced matter because the City, through the review of the Common Council and the Planning Board, will have the primary role in assessing the impact of the operations on the surrounding neighborhood and community, given the City's role in past concerns with the operation and the City's community assessment resources. And, Be It Further Resolved: That the Common Council formally requests that it be designated Lead Agency for the above-entitled action pursuant to the authority vested in the Commissioner of the New York State Department of Environmental Conservation by 6 NYCRR Part 617(b)(5)(i-vi); And, Be It Further Resolved: That Council Staff is hereby directed to mail copies of this Resolution by Certified Mail to: the Commissioner of the New York State Department of Environmental Conservation; each involved agency, including the City of Buffalo Planning Board, the New York State Division of Environmental Conservation's Division of Environmental Permits, Region 9, and the City of Buffalo Department of Public Works; together with a cover letter to the Commissioner indicating the jurisdiction of each of the involved agencies over the action and the request of this Council that it be designated Lead Agency by the Commissioner. 1st RESOLVE REFERRED TO THE COMMITTEE ON LEGISLATION 2nd and 3rd ADOPTED NO 77 BY: MR. GOLOMBEK, MR. FONTANA, MR. FRANCZYK OPPOSE SALE OF WINE IN SUPERMARKETS, GROCERY STORES, DEPARTMENT STORES AND DELIS Whereas: New York State currently has 2,600 state regulated liquor stores which are prohibited from becoming a chain of more than one store; and Whereas: Liquor stores are also restricted by New York State from selling beer, cheese, crackers, chips, glassware, gift bags and other items commonly requested by customers. In fact, this past December, a Rochester area liquor store owner was fined $10,000 for selling wine gift bags; and Whereas: New York State has a proposal to legalize the sale of wine in supermarkets, grocery stores, delis and department stores such as Walmart. If this becomes law, small businesses throughout the state may be put out of business- costing New York State thousands of valuable jobs at a time when we cannot afford any more job losses; and Whereas: If wine sales are allowed in supermarkets, grocery stores, delis and department stores such as Walmart, it is estimated that over 1,000 small businesses will be forced to close, which translates into a loss of over 4,000 jobs. Many of these small businesses are located within the City of Buffalo; and Whereas: Supermarkets and grocery stores have a tremendous buying power advantage and would lure customers away from smaller liquor stores. Local wineries will also suffer as supermarkets and grocery stores will feature national brands of wine on their shelves; and Whereas: Since Prohibition, the New York State Liquor Authority has recognized that the best way to limit underage persons' access to alcohol was to group the sale of wine with liquor. Wine and liquor stores have greater control over who enters their stores, and who purchases alcohol; and Whereas: In June 2008, Massachusetts voters rejected a similar proposal because of the devastating impact it would have had on teenagers and underage drinking. In Florida, California and Texas, where wine is sold everywhere, the number of alcohol related fatalities per 100,000 is more than double that of New York State. In fact, no state has passed a similar measure since Iowa did in 1983; and Whereas: This proposal is only a quick fix to the state budget which will bring in an influx of cash for two years as a result of the new licensing fees, but will cost the state more money in the long run due to unemployment, lost income tax and emptied retail space; and Whereas: Law Enforcement Against Drunk Driving (LEADD) and the New York State Professional Firefighters Association recently delivered a strong message against New York State's plan to legalize the sale of wine in grocery stores, supermarkets and other stores, stating that changing the laws will lead to an increase in drunk driving and underage drinking; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo goes on record against any changes proposed by New York State to sell wine in supermarkets, grocery stores, neighborhood delis and department stores; and Be it Further Resolved: That the Common Council is also concerned about the implications of this proposal and believes it is in the best interests of the community to have public discussion on the issue and hear from area liquor store owners and wineries who may be negatively affected by such a change in legislation at the next Common Council Legislation Committee meeting scheduled for Tuesday, March 24, 2009, at 2:00 pm in Council Chambers; and Be it Further Resolved: That the City Clerk sends certified copies of this resolution to New York State Governor David Patterson, to the New York State Senate, to the New York State Assembly, to members of the Western New York Legislative delegation, to the Erie County Legislature, to the Last Store on Main Street, to the New York State Liquor Store Association, to Law Enforcement Against Drunk Driving (LEADD), and to the New York State Firefighters Association; and Be it Finally Resolved: That this item be sent to the Legislation Committee for further discussion. ADOPT 1st, 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO 78 BY: MICHAEL P. KEARNS BOND RESOLUTION-BFLO & EC HISTORIC SOCIETY ELECTRICAL UPGRADE ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $642,000 General Improvement Bonds of said City to finance the cost of electrical system improvements at the Buffalo and Erie County Historic Society located on 25 Nottingham Terrace, in the City, at the estimated total cost of $642,000. 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 Forty-Two Thousand Dollars ($642,000), 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 electrical system improvements at the Buffalo and Erie County Historic Society located on 25 Nottingham Terrace, in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $642,000 as set forth in the duly adopted 2009 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, "Buffalo and Erie County Historic Society Electrical Upgrade-2009", 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 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 $642,000. 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. 5 of the Local Finance Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any 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 to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 79 BY: MR KEARNS BOND RESOLUTION-CHIMNEY RECONST VARIOUS ACCOUNT 3998-97 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $750,000 School Bonds of said City to finance the cost of partial reconstruction of various school buildings located throughout the City, at the estimated maximum cost of $750,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Bonds of said City in the principal amount of Seven Hundred Filly Thousand Dollars ($750,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of various school buildings located throughout the City, including reconstruction of existing chimneys, masonry reconstruction and related items. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $750,000 as set forth in the duly adopted 2009 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, "Chimney Reconstruction-Various, 2009", Bond Authorization Account No. 3998-97, 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 $750,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The buildings to be reconstructed are of at least Class "A" construction, as defined by Section 11.00 a.11 (a) of the Law and the period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(1) of the Law, is twenty-five (25) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if." (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That Pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 80 BY: MICHAEL P. KEARNS: BOND RESOLUTION DEMOLITION - EMERGENCY CONDITIONS ACCOUNT 3000-65 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,351,179 General Improvement Bonds of said City, to finance the cost of demolition of various City-owned and private buildings which pose a significant threat to public health or safety, at the estimated maximum cost of $2,351,179. 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 Filly One Thousand One Hundred Seventy Nine Dollars ($2,351,179), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of demolition of various City-owned and private buildings which pose a significant threat to public health or safety. The estimated maximum cost of said 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 $2,351,179 as set forth in the duly adopted 2008 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Permits and Inspections, Division of Housing and Enforcement, "Demolition -Emergency Conditions, 2008", Bond Authorization Account No. 3000-65, 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 $2,351,179. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 89 of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That Pursuant to law, we do herby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. LAID ON THE TABLE NO 81 BY: MICHAEL P. KEARNS: BOND RESOLUTION GENERAL RECONSTRUCTION-VARIOUS SCHOOLS ACCOUNT 3998-97 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $2,000,000 School Bonds of said City to finance the cost of partial reconstruction of various school buildings located throughout the City, at the estimated maximum cost of $2,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School 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 various school buildings located throughout the City, including exterior reconstruction, roofs, new auditorium floors and interior reconstruction and related items. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000 as set forth in the duly adopted 2009 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, "General Reconstruction-Various Schools, 2009", Bond Authorization Account No. 3998-97, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City pursuant to this Bond Resolution, in the maximum amount of $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 buildings to be reconstructed are of at least Class "A" construction, as defined by Section 11.00 a. 11 (a) of the Law and the period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(l) of the Law, is twenty-five (25) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 82 BY: MICHAEL P. KEARNS BOND RESOLUTION JOHNNY B. WILEY ROOF REPLACEMENT AND BUILDING UPGRADES ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $53,500 General Improvement Bonds of said City to finance the cost of recreational area improvements to Johnny B. Wiley Sports Complex located on Jefferson Avenue, north of Best Street, in the City, at the estimated total cost of $53,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section l. 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 Fifty-Three Thousand Five Hundred Dollars ($53,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of recreational area improvements to Johnny B. Wiley Sports Complex located on Jefferson Avenue, north of Best Street, , in the City, including but not limited to: removal and replacement of existing roof and various repairs to structural, mechanical, electrical and architectural upgrades. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $53,500 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Johnny B. Wiley Roof Replacement and Building Upgrades-2009", Bond Authorization Account No. 3000-32, 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 $53,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 83 BY: MICHAEL P. KEARNS BOND RESOLUTION CITY HALL RENOVATION AND UPGRADES ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $141,987 General Improvement Bonds of said City to finance the cost of partial reconstruction of City Hall located at 65 Niagara Square, at the estimated total cost of $141,987. 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-One Thousand Nine Hundred Eighty-Seven Dollars ($141,987), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of City Hall located at 65 Niagara Square, including architectural, mechanical and electrical upgrades. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $141,987 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "City Hall Renovation and Upgrades-2009", Bond Authorization Account No. 3000-32, 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 $141,987. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said 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 properly 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 to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 84 BY: MICHAEL P. KEARNS BOND RESOLUTION CITYWIDE PARKS IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $509,092 General Improvement Bonds of said City, to finance the cost of recreational area improvements to various City parks, at the estimated maximum cost of $509,092. 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 Nine Thousand Ninety Two Dollars ($509,092), 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 $509,092 as set forth in the duly adopted 2009 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, "Citywide Parks Improvements, 2009", Bond Authorization Account No. 3000-32, 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 $509,092. 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, (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 85 BY: MICHAEL P. KEARNS BOND RESOLUTION EMERGENCY BRIDGE REPAIRS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $535,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various bridges located throughout the City, at the estimated maximum cost of $535,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thirty-Five Thousand Dollars ($535,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of various bridges located throughout the City including highway, asphalt pavement milling/resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right-of-way. 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 $535,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Emergency Bridge Repairs, 2009", Bond Authorization Account No. 3000-32, 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 $535,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 10. of the Law, is twenty (20) years. (b) Current 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 to law we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 86 BY: MICHAEL P. KEARNS: BOND RESOLUTION CRITICAL INFRASTRUCTURE PROTECTION ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $321,000 General Improvement Bonds of said City to finance the cost of acquisition and installation of software mapping equipment to aid first respondents and pinpoint critical infrastructure as possible targets pursuant to the Buffalo Urban Area Security Initiative ("UASI"), in the City, at the estimated total cost of $321,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Twenty One Thousand Dollars ($321,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of acquisition and installation of software mapping equipment to aid first respondents and pinpoint critical infrastructure as possible targets pursuant to UASI. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $321,000 as set forth in the duly adopted 2009 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, "Critical Infrastructure Protection-2009", 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 objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $321,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 35 of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days alter the date of such publication, (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolutions necessary for the efficient conduct of City business. LAID ON THE TABLE NO 87 BY: MICHAEL P. KEARNS BOND RESOLUTION DISTRICT HEAT IMPROVEMENTS ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $214,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of district heat distribution systems located throughout the City, at the estimated total cost of $214,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fourteen Thousand Dollars ($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of district heat distribution systems located throughout the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $214,000 as set forth in the duly adopted 2009 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, "District Heat Improvements-2009", Bond Authorization Account No. 3000-310, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the 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. 58(a) of the Local Finance Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. LAID ON THE TABLE NO. 88 BY: MICHAEL P. KEARNS: BOND RESOLUTION FARGO AVENUE/D'YOUVILLE COLLEGE STREETSCAPE ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $97,638 General Improvement Bonds of said City, to finance the City's local share of the cost of the partial reconstruction of Fargo Avenue between Porter Avenue and Connecticut Street and D'Youville College Campus Gateway, in the City, at the estimated maximum cost of $97,638. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Ninety-Seven Thousand Six Hundred Thirty-Eight Dollars ($97,638), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of the partial reconstruction of Fargo Avenue between Porter Avenue and Connecticut Street and D'Youville College Campus Gateway, in the City including curb, walk, street lighting, signage and landscaping. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $97,638 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Fargo Avenue/D'Youville College Streetscape, 2009", Bond Authorization Account No. 3000-32, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $97,638. 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. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 89 BY: MICHAEL P. KEARNS BOND RESOLUTION FILLMORE AVENUE RESURFACING AND STREETSCAPE IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $85,600 General Improvement Bonds of said City, to finance the City's local share of the cost of the partial reconstruction of Fillmore Avenue between Smith Street and Main Street, in the City, at the estimated maximum cost of $85,600. 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 Eighty Five Thousand Six Hundred Dollars ($85,600), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of the partial reconstruction of Fillmore Avenue between Smith Street and Main Street, in the City, including curb, walk, street lighting, signage, landscaping, modernize traffic signals and installation of enhanced crosswalks. 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 $85,600 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "South Park Avenue Resurfacing and Streetscape Improvements, 2009", Bond Authorization Account No. 3000-32, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $85,600. 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. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107,00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution, Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 90 BY: MICHAEL P. KEARNS: BOND RESOLUTION FIRE APPARATUS ACQUISITION ACCOUNT 3000-21 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,952,155 General Improvement Bonds of said City to finance the cost of acquisition of firefighting apparatus for the Fire Department, at the estimated total cost of $1,952,155. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Nine Hundred Fifty- Two Thousand One Hundred Fifty-Five Dollars ($1,952, 155), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the acquisition of firefighting apparatus. 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 $1,952,155 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "Fire Apparatus Acquisition-2009", Bond Authorization Account No. 3000-2 I, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis; the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,952,155. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 27 of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes " issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 91 BY: MICHAEL P. KEARNS: BOND RESOLUTION FRANKLIN-LINWOOD-NORTH PEARL STREET INFRASTRUCTURE REPAIR/REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $321,680 General Improvement Bonds of said City, to finance the cost of partial reconstruction of North Street at intersections with Franklin Street, Linwood Avenue and North Pearl Street, in the City, at the estimated maximum cost of $321,680. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Twenty One Thousand Six Hundred Eighty Dollars ($321,680), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of North Street at intersections with Franklin Street, Linwood Avenue and North Pearl Street, in the City, including curb, walk, street lighting, signage, landscaping, existing traffic signal system, addition of green space to existing historic Sisti Park and related work. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $321,680 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Franklin-Linwood-North Pearl Street Infrastructure Repair/Replacement, 2009", Bond Authorization Account No. 3000-3 I, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $321,680. 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. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the .punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days alter the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 92 BY: MICHAEL P. KEARNS: BOND RESOLUTION GENESEE/MOSELLE COMMUNITY CENTER / IMPROVEMENTS ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $214,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of Genesee/Moselle Community Center located on 1532 Genesee Street, in the City, at the estimated total cost of $214,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fourteen Thousand Dollars ($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of Genesee/Moselle Community Center located on 1532 Genesee Street, in the City including various upgrades and improvements. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $214,000 as set forth in the duly adopted 2009 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, "Genesee/MoseIle Community Center Improvements-2009", 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 objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said 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 &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 ~z issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 93 BY: MICHAEL P. KEARNS BOND RESOLUTION IMPROVEMENTS TO CAZENOVIA CASINO ACCOUNT 3000-32 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 recreational areas improvements to Cazenovia Park Casino, in the City, at the estimated total 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 Fifty 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 recreational areas improvements to Cazenovia Park Casino and the surrounding recreational area, in the City, including but not limited to architectural, mechanical, electrical and structural components. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "Improvements to Cazenovia Casino, 2009, Bond Authorization Account No. 3000-32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $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 for the specific object or purpose for which the $150,000 bonds herein authorized are to be issued, within the limitations of §11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if.' Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 94 BY: MICHAEL P. KEARNS: BOND RESOLUTION LAFAYETTE ICE RINK IMPROVEMENTS ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $168,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Lafayette Ice Rink located at 158 Tacoma Avenue, in the City, at the estimated total cost of $168,000. 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-Eight Thousand Dollars ($168,000), 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 Lafayette Ice Rink located at 158 Tacoma Avenue, in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $168,000 as set forth in the duly adopted 2009 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, "Lafayette Ice Rink Improvements-2009", 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 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 $168,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (e) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 95 BY MR. KEARNS BOND RESOLUTION LASALLE PARK-DOG PARK Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $26,750 General Improvement Bonds of said City to finance the cost of recreational area improvements to LaSalle Park Dog Park located at the foot of Porter Avenue, opposite Colonel Ward Pumping Station on Ring Road, in the City, at the estimated total cost of $26,750. 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 Twenty-Six Thousand Seven Hundred Fifty Dollars ($26,750), 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 LaSalle Park Dog Park located at the foot of Porter Avenue, opposite Colonel Ward Pumping Station on Ring Road, in the City, including improvements to dog park area that provide "off leash" area, fencing and benches. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $26,750 as set forth in the duly adopted 2009 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, "LaSalle Park Dog Park-2009", Bond Authorization Account No. 3000-32, 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 $26,750. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section l 1.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the partial 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. ~7 Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 96 BY: MICHAEL P. KEARNS: BOND RESOLUTION LASALLE PARK POOL AND SPLASH PAD ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $53,500 General Improvement Bonds of said City to finance the cost of recreational area improvements to LaSalle Park located at the foot of Porter Avenue, opposite Colonel Ward Pumping Station on Ring Road, in the City, at the estimated total cost of $53,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty-Three Thousand Five Hundred Dollars ($53,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of recreational area improvements to LaSalle Park located at the foot of Porter Avenue, opposite Colonel Ward Pumping Station on Ring Road, in the City, including reconstruction of Centennial pool and pool building. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $53,500 as set forth in the duly adopted 2009 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, "LaSalle Park Pool and Splash Pad-2009", Bond Authorization Account No. 3000-32, 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 $53,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section I 1.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. ' Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notesissued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 97 BY: MICHAEL P. KEARNS: BOND RESOLUTION LASALLE PARK SHELTER HOUSE RECONSTRUCTION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $32,100 General Improvement Bonds of said City to finance the cost of recreational area improvements to LaSalle Park Shelter House located at the foot of Porter Avenue, opposite Colonel Ward Pumping Station on Ring Road, in the City, at the estimated total cost of $32,100. 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 Thirty-Two Thousand One Hundred Dollars ($32,100), 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 LaSalle Park Shelter House located at the foot of Porter Avenue, opposite Colonel Ward Pumping Station on Ring Road, in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $32,100 as set forth in the duly adopted 2009 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, "LaSalle Park Shelter House Reconstruction -2009", Bond Authorization Account No. 3000-32 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 $32,100. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section l. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 98 BY: MICHAEL P. KEARNS: BOND RESOLUTION MARCY CASINO RECONSTRUCTION ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $202,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Marcy Casino located at Delaware Park off Elmwood, near the Route 198, in the City, at the estimated total cost of $202,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Two Thousand Dollars ($202,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of recreational area improvements to Marcy Casino located at Delaware Park off Elmwood, near the Route 198, in the City, including improvements to boathouse. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $202,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Marcy Casino Reconstruction-2009", 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 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 $202,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section I 1.00 a.19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 99 BY MR KEARNS BOND RESOLUTION NIAGARA STREET GATEWAY ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $110,265 General Improvement Bonds of said City, to finance the City's local share of the cost of the partial reconstruction of Niagara Street between Ontario Street and Niagara Square, in the City, at the estimated maximum cost of $110,265. 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 Ten Thousand Two Hundred Sixty-Five Dollars ($110,265), 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 City's local share of the cost of the partial reconstruction of Niagara Street between Ontario Street and Niagara Square, in the City including curb, walk, street lighting, signage, landscaping, modernize traffic signals and installation of enhanced crosswalks. 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 $110,265 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Niagara Street Gateway, 2009", Bond Authorization Account No. 3000-32, and shall be used for the objects or purposes specified in Section 1 of this resolution. .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of$110,265. 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. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 100 BY: MICHAEL P. KEARNS BOND RESOLUTION ELLICOTT DISTRICT-WIDE INFRASTRUCTURE REPAIR & REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $743,150 General Improvement Bonds of said City to finance the cost of the partial reconstruction of various highways and other public infrastructure elements on existing City right-of- ways, located in the Ellicott District of the City, at the estimated total cost of $743,150. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Hundred Forty Three Thousand One Hundred Filly Dollars ($743,150), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of various highways and other infrastructure elements on existing City right-of-ways, located in the Ellicott District of the City, including asphalt pavement milling/resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right-of-way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $743,150 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Ellicott District-wide Infrastructure Repair & Replacement, 2009", Bond Authorization Account No. 3000-31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $743,150. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $743,150 bonds herein authorized are to be issued, within the limitations of § 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: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 101 BY: MICHAEL P. KEARNS BOND RESOLUTION IMPROVEMENTS TO VARIOUS SERVICE BUILDINGS ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $214,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various service buildings located throughout the City, at the estimated total cost of $214,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fourteen Thousand Dollars ($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of various service buildings located throughout the City including general, electrical and mechanical upgrades. 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 $214,000 as set forth in the duly adopted 2009 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 Various Service Buildings-2009", Bond Authorization Account No. 3000-310, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 102 BY MR. KEARNS BOND RESOLUTION NORTH DISTRICT-WIDE INFRASTRUCTURE REPAIR & REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $743,150 General Improvement Bonds of said City to finance the cost of the partial reconstruction of various highways and other infrastructure elements on existing City right-of-ways, located in the North District of the City, at the estimated total cost of $743,150. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Hundred Forty Three Thousand One Hundred Fitly Dollars ($743,150), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of highways and other infrastructure elements on existing City right-of-ways, located in the North District of the City, including asphalt pavement milling/resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right-of-way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $743,150 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "North District-wide Infrastructure Repair & Replacement, 2009", Bond Authorization Account No. 3000-31, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $743,150. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $743,150 bonds herein authorized are to be issued, within the limitations of § 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: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO 103 BY: MICHAEL P. KEARNS BOND RESOLUTION NW COMMUNITY CENTER WINDOW REPLACEMENT ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $42,800 General Improvement Bonds of said City to finance the cost of partial reconstruction of NW Community Center located on 155 Lawn Avenue, in the City, at the estimated total cost of $42,800. 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 Forty-Two Thousand Eight Hundred Dollars ($42,800), 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 NW Community Center located on 155 Lawn Avenue, in the City, including replacement of various windows and general construction work. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $42,800 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "NW Community Center Window Replacement-2009", 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 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 $42,800. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section I 1.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 104 BY: MICHAEL P. KEARNS BOND RESOLUTION OIL TANK REPLACEMENT ACCOUNT 3998-97 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $820,000 School Bonds of said City to finance the cost of removal, acquisition and installation of oil tanks for various school buildings located throughout the City, at the estimated maximum cost of $820,000. 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 Eight Hundred Twenty Thousand Dollars ($820,000), 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 removal, acquisition and installation of oil tanks for various school buildings located throughout the City including piping and related work. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $820,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Oil Tank Replacement, 2009", Bond Authorization Account No. 3998-97, 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 $820,000. 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 for the objects or purposes for which the $820,000 bonds herein authorized are to be issued, within the limitations of § 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. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 105 BY: MICHAEL P. KEARNS BOND RESOLUTION POLICE & FIRE RADIO SYSTEM ACCOUNT 3000-21 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $1,775,000 General Improvement Bonds of said City to finance the cost of acquisition and installation of police and fire radio systems located throughout the City, at the estimated total cost of $1,775,000. 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 Seven Hundred Seventy-Five Thousand Dollars ($1,775,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of acquisition and installation of police and fire radio systems located throughout the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,775,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "Police & Fire Radio System, 2009, Bond Authorization Account No. 3000-21, 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 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 $1,775,000. 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 for the class of objects or purposes for which the $1,775,000 bonds herein authorized are to be issued, within the limitations of §11.00 a. 25 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. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 106 BY: MICHAEL P. KEARNS BOND RESOLUTION P.S. 97 MECHANICAL ELECTRICAL PLUMBING ACCOUNT 3998-97 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $780,000 School Bonds of said City to finance the cost of partial reconstruction of P.S. 97 (Harvey Austin) located at 1405 Sycamore Street, in the City, at the estimated maximum cost of $780,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Bonds of said City in the principal amount of Seven Hundred Eighty Thousand Dollars ($780,000), 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 P.S. 97 (Harvey Austin) located at 1405 Sycamore Street. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $780,000 as set forth in the duly adopted 2009 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, "P.S. 97 Mechanical Electrical Plumbing, 2009", Bond Authorization Account No. 3998-97, 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 $780,000. 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 reconstructed is of at least Class "A" construction, as defined by Section 11.00 a. 11 (a) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section I 1.00 a. 12.(a)(1) of the Law, is twenty-five (25) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations 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 to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO 107 BY: MICHAEL P. KEARNS BOND RESOLUTION ROOSEVELT PARK SHELTER HOUSE IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $224,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Roosevelt Park Shelter House located at the foot of Martha Avenue, in the City, at the estimated total cost of $224,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Twenty-Four Thousand Dollars ($224,000), 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 Roosevelt Park Shelter House located at the foot of Martha Avenue, in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $224,000 as set forth in the duly adopted 2009 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, "Roosevelt Park Shelter House Improvements-2009", Bond Authorization Account No. 3000-32, 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 $224,000. 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 which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 108 BY: MICHAEL P. KEARNS BOND RESOLUTION RIVERSIDE PARK FIELD AND LIGHTING IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $53,500 General Improvement Bonds of said City to finance the cost of recreational area improvements to Riverside Park bounded by Niagara Street, Vulcan Street, Tonawanda Street and Crowley Street, in the City, at the estimated total cost of $53,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty-Three Thousand Five Hundred Dollars ($53,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of recreational area improvements to Riverside Park bounded by Niagara Street, Vulcan Street, Tonawanda Street and Crowley Street, in the City, including various landscaping and upgrades to site lighting. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $53,500 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Riverside Park Field and Lighting Improvements-2009", Bond Authorization Account No. 3000-32, 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 $53,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 109 BY: MICHAEL P. KEARNS BOND RESOLUTION SAUNDERS COMMUNITY CENTER-ROOF ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $26,750 General Improvement Bonds of said City to finance the cost of partial reconstruction of Saunders Community Center located on 2777 Bailey Avenue, in the City, at the estimated total cost of $26,750. 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 Twenty-Six Thousand Seven Hundred Fifty Dollars ($26,750), 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 Saunders Community Center located on 2777 Bailey Avenue, in the City, including replacement of existing roof. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $26,750 as set forth in the duly adopted 2009 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, "Saunders Community Center-Roof-2009", 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 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 $26,750. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said 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 to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 110 BY: MICHAEL P. KEARNS BOND RESOLUTION SHOSHONE PARK POOL AND FIELD HOUSE ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $26,750 General Improvement Bonds of said City to finance the cost of recreational area improvements to Shoshone Park located at the foot of Beard Avenue, in the City, at the estimated total cost of $26,750. 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 Twenty-Six Thousand Seven Hundred Fifty Dollars ($26,750), 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 Shoshone Park located at the foot of Beard Avenue, in the City, including upgrades and reconstruction of the shelter house, pool and ancillary equipment. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $26,750 as set forth in the duly adopted 2009 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, "Shoshone Park Pool and Field House-2009", Bond Authorization Account No. 3000-32, and shall be used for the specific object or purpose specified in Section l 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 $26,750. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (A) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (B) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, (C ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 111 BY: MICHAEL P. KEARNS BOND RESOLUTION SENECA STREET STREETSCAPE IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the City's local share of the cost of the partial reconstruction of Seneca Street between Leamington Place and the City line, in 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 City's local share of the cost of the partial reconstruction of Seneca Street between Leamington Place and the City line including curb, walk, street lighting, signage, landscaping, modernize traffic signals and installation of enhanced crosswalks. 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 $500,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Seneca Street Streetscape Improvements, 2009", Bond Authorization Account No. 3000-32, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $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 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(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 112 BY: MICHAEL P. KEARNS BOND RESOLUTION SOUTH PARK AVENUE RESURFACING AND STREETSCAPE IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $124,227 General Improvement Bonds of said City, to finance the City's local share of the cost of the partial reconstruction of South Park Avenue between Michigan Avenue and the City line, in the City, at the estimated maximum cost of $124,227. 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 Twenty Four Thousand Two Hundred Twenty-Seven Dollars ($124,227), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of the partial reconstruction of South Park Avenue between Michigan Avenue and the City line, in the City, including curb, walk, street lighting, signage, landscaping, modernize traffic signals and installation of enhanced crosswalks. 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 $124,227 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "South Park Avenue Resurfacing and Streetscape Improvements, 2009", Bond Authorization Account No. 3000-32, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $124,227. 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. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section I07.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 113 BY: MICHAEL P. KEARNS BOND RESOLUTION UNIVERSITY DISTRICT-WIDE INFRASTRUCTURE REPAIR & REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $743,150 General Improvement Bonds of said City to finance the cost of the partial reconstruction of various highways and other infrastructure elements on existing City right-of-ways, in the University District of the City, at the estimated total cost of $743,150. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Hundred Forty Three Thousand One Hundred Filly Dollars ($743,150), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of highway and other infrastructure elements on existing City right-of-ways, located in the University District of the City, including asphalt pavement milling/resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right-of-way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $743,150 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "University District-wide infrastructure Repair & Replacement, 2009", Bond Authorization Account No. 3100-31, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $743,150. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $743,150 bonds herein authorized are to be issued, within the limitations of § 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 to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 114 BY: MICHAEL P. KEARNS BOND RESOLUTION MASTEN DISTRICT-WIDE INFRASTRUCTURE REPAIR & REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $593,150 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various highways and other public infrastructure on existing City right-of-ways, located in the Masten District of the City, at the estimated maximum cost of $593,150. 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 Ninety Three Thousand One Hundred Filly Dollars ($593,150), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of various highways and other public infrastructure on existing City right-of-ways, located in the Masten District of the City, including asphalt pavement milling/resurfacing, curbing, sidewalks, street lighting, traffic control systems and highway drainage and related work. 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 $593,150 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Masten District-Wide Infrastructure Repair & Replacement, 2009", Bond Authorization Account No. 3000-31, 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 $593,150. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $593,150 bonds herein authorized are to be issued, within the limitations of § 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 to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 115 BY: MICAEL P. KEARNS BOND RESOLUTION MLK JR. PARK PHASE 2 ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,033,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Martin Luther King Jr. Park located on North Fillmore Avenue and Best Street, in the City, at the estimated total cost of $2,033,000. 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 Thirty-Three Thousand Dollars ($2,033,000), 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 Martin Luther King Jr. Park located on North Fillmore Avenue and Best Street, in the City, including construction of a wading pool around the splash pad. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,033,000 as set forth in the duly adopted 2009 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, "Roosevelt Park Shelter House Improvements-2009", Bond Authorization Account No. 3000-32, 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 $2,033,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, (c ) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 116 BY: MICHAEL P. KEARNS BOND RESOLUTION VARIOUS COMMUNITY CENTER IMPROVEMENTS ACCOUNT 3000-310 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $163,177 General Improvement Bonds of said City to finance the cost of partial reconstruction of various community centers located throughout the City, at the estimated total cost of $163,177. 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 Three Thousand One Hundred Seventy-Seven Dollars ($163,177), 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 community centers located throughout the City including electrical and mechanical upgrades. 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 $163,177 as set forth in the duly adopted 2009 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, "Various Community Center Improvements-2009", Bond Authorization Account No. 3000-310, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $163,177. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said 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 t~0 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 aider the date of such publication, (c )Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO 117 BY: MICHAEL P. KEARNS BOND RESOLUTION NIAGARA DISTRICT-WIDE INFRASTRUCTURE ACCOUNT REPAIR & REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $593,150 General Improvement Bonds of said City to finance the cost of the partial reconstruction of various highways and other public infrastructure elements on existing City right-of- ways, located in the Niagara District of the City, at the estimated total cost of $593,150. 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 Ninety Three Thousand One Hundred Fitly Dollars ($593,150), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of various highways and other public infrastructure elements on existing City right-of-ways, located in the Niagara District of the City, including asphalt pavement milling/resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right of way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $593,150 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Niagara District-wide Infrastructure Repair & Replacement, 2009", Bond Authorization Account No. 3000-31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $593,150. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $593,150 bonds herein authorized are to be issued, within the limitations of § 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. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown, Mayor Andrew A. Sanfilippo, Comptroller LAID ON THE TABLE NO. 118 BY: MICHAEL P. KEAMS: BOND RESOLUTION VEHICLE PURCHASE-STREETS DIVISIONS ACCOUNT 3000-32 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 acquisition of vehicles for street sanitation and snow plowing operations, at the estimated total 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 acquisition of vehicles for street sanitation, snow plowing operations, street sweepers, salt spreaders and garbage trucks. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Vehicle Purchase-Streets Divisions-2009", Bond Authorization Account No. 3000-32, 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 $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 class' of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 28 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notesissued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to Law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 119 BY: MICHAEL P. KEARNS: BOND RESOLUTION HUMBOLDT PARKWAY STREETSCAPE ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $802,500 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Humboldt Parkway, north and south sides between Cherry Street (entire length), East Delavan Avenue and BFNC Drive (entire length), in the City, at the estimated maximum cost of $802,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Eight Hundred Two Thousand Five Hundred Dollars ($802,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of Humboldt Parkway, north and south sides between Cherry Street (entire length), East Delavan Avenue and BFNC Drive (entire length), in the City, including curb, walk, street lighting, signage and landscaping. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $802,500 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Humboldt Parkway Streetscape, 2009", Bond Authorization Account No. 3000-32, and shall be used for the objects or purposes specified in Section 1 of this resolution .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $802,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to Law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 120 BY: MICHAEL P. KEARNS: BOND RESOLUTION RECONSTRUCTION OF MIDDLESEX AVENUE (ROAD) ACCOUNT 3000-31 Text: (type single space below) Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $230,496 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Middlesex Road between Elmwood Avenue and Lincoln Parkway, in the City, at the estimated maximum cost of $230,496. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thirty Thousand Four Hundred Ninety-Six Dollars ($230,496), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of Middlesex Road between Elmwood Avenue and Lincoln Parkway, in the City, including curb, walk, street lighting, signage, landscaping and related work. 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 $230,496 as set forth in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Reconstruction of Middlesex Avenue (Road), 2009", Bond Authorization Account No. 3000-31, and shall be used for the objects or purposes specified in Section l 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 $230,496. 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 I 1.00 a. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in ,)l'(t, accordance with Section 107.00 d. 9. of the Law. ~) Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to Law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE AYES – FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA - 5 NOES – DAVIS, GOLOMBEK, RUSSELL, SMITH - 4 NO. 121 SPONSOR: MR. KEARNS CO-SPONSORS: MR. FONTANA, MR. FRANCZYK, MR. LOCURTO, & MR. RIVERA REMOVAL & PRESERVATION OF HISTORICALLY SIGNIFICANT STRUCTURES BEFORE DEMOLITION OF THE A.D. PRICE BUILDING COMMENCES WHEREAS, Of late, many structures in the City of Buffalo that were built as a result of the Works Progress Administration ("WPA") have been demolished, scheduled for demolition or mentioned for demolition; and WHEREAS, Notable examples of WPA Buildings in Buffalo that are in this predicament include War Memorial Auditorium ("the Aud") and the A.D. Price housing complex located on the corner of Jefferson Ave. and William St.; and WHEREAS, The A.D. Price housing complex was built in 1939 by the U.S. Housing Authority and was home to thousands of African American families in ensuing years. The buildings that form this complex contain numerous concrete decorative elements depicting images of people, construction tools, and other themes in their entryways and in other locations; and WHEREAS, Although in some situations, it is neither feasible nor financially possible to remove all or even some architectural or decorative elements prior to a building's demolition, when such removal is desirable and cost effective, it is irresponsible and short- sighted not to do so; and WHEREAS, This is especially true considering that, in recent years, Buffalo has been touted as one our nation's premier architectural tourism destinations by the New York Times amongst others; and WHEREAS, At this time, there appears to be no plan either in place or in development to save the artwork and sculptures in the A.D. Price housing complex that have not already been lost as a result of demolition efforts; and WHEREAS, The General Services Administration has recognized the great importance of WPA artwork in our nation's cultural and social history and is undertaking an initiative to locate and inventory every piece of WPA artwork. An important element of this effort includes an education component regarding the fact that WPA works are property of the United States Government; and NOW THEREFORE BE IT RESOLVED, That the Buffalo Common Council believes that it is important that we seize the opportunity to preserve significant examples of Depression-era public works art as contained in the A.D. Price Complex and other WPA structures. NOW THEREFORE BE IT FURTHER RESOLVED, That the Buffalo Common Council establishes a Citizens Preservation Committee to discuss and plan for the handling of historically significant art work contained in the A.D. Price building and other structures that are scheduled for demolition. BE IT FURTHER RESOLVED, That the Citizens Preservation Committee should include representatives from the Buffalo Municipal Housing Authority ("BMHA"), the Board of Directors of the Buffalo Fine Arts Academy, the Arts Council in Buffalo & Erie County, the Buffalo Arts Commission, the State University of New York at Buffalo ("UB") School of Architecture and Planning, the UB Department of Visual Studies, and others from our local arts, architecture and planning communities. South District Council Member Council President Pro Tempore Fillmore District Council Member Council President Richard A. Fontana Lovejoy District Council Member Council Majority Leader Delaware District Council Member David A. Rivera Niagara District Council Member Message of Necessity That pursuant to Law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City Business LAID ON THE TABLE NO. 122 SPONSOR: MICHAEL J. LOCURTO, DAVID A. RIVERA, AND MICHAEL P. KEARNS RE: HIGH SPEED RAIL IN NEW YORK STATE Whereas President Barack Obama has made high speed rail a priority for his administration and has allocated over $8 billion in stimulus funds for the development of high speed rail; and Whereas the Empire Corridor can accommodate a third track, eliminating the cost of land acquisition; and Whereas Demand for freight transportation continues to rise, making passenger rail more difficult to operate on existing tracks; and Whereas Air-travel is becoming more expensive and more time-intensive, making Whereas high speed rail a more attractive alternative; and Whereas High speed rail has less of an environmental impact than short- and mid- distance flights and could remove thousands of cars from the road; and High speed rail development has the potential to create immediate as well as long term economic growth; and Whereas Forty-one percent of the US population and sixty-two percent of the Canadian population live within 500 miles of the City of Buffalo, it is ideally situated to be a rail transportation hub; Now, Therefore, Be It Resolved: The Common Council supports the development of high speed rail in New York State; and Be It Further Resolved: That copies of this resolution be sent to Governor David Patterson, Senate Majority Leader Malcolm Smith, Speaker of the Assembly Sheldon Silver, and members of the Western New York Delegation ADOPTED NO. 123 SPONSOR: MIKE LOCURTO PERMISSION TO HANG "THE HELLENIC FESTIVAL" BANNER. Whereas The Greek Orthodox Church is celebrating its Annual "Hellenic Festival"; and Whereas Representatives from the Greek Orthodox Church of the Annunciation have requested permission to utilize two trees to hang the banner across Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from Tuesday, May 5, 2009 through Monday June 8, 2009 in celebration of this event; and Whereas The Greek Orthodox Church of the Annunciation representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grand permission to the Greek Orthodox Church of the Annunciation to hang a banner celebrating their Annual Hellenic Festival on Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from May 5, 2009 through June 8, 2009, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. ADOPTED NO. 124 SPONSOR: MICHAEL J. LOCURTO RESOLUTION TO SUPPORT EXTINGUISHING ALL NON-ESSENTIAL LIGHTING IN ALL CITY GOVERNMENT BUILDINGS, PUBLIC SCHOOLS AND PUBLIC LANDMARKS FOR THE HOUR BETWEEN 8:30 PM AND 9:30 PM ON MARCH 28, 2009 AS PART OF THE INTERNATIONAL CLIMATE CHANGE EVENT: EARTH HOUR AND ESTABLISHING MARCH 28, 2009 AS EARTH HOUR DAY IN THE CITY OF BUFFALO Whereas The people of Buffalo are deeply concerned about climate change and the future health and well-being of our planet and believe energy efficiency and natural resource conservation are important elements to combating climate change; and Earth Hour is both an international and local symbolic event organized by World Wildlife Fund to raise awareness about climate change issues, to encourage businesses, individuals and government to take actions to reduce their carbon emissions; and Whereas Earth Hour asks all citizens, businesses, government agencies, and commercial and non-commercial establishments to turn off all non-essential lighting for one hour beginning at 8:30 pm on March 28, 2009 and to encourage citizens and businesses to commit to actions they can take in the coming year to reduce their carbon footprints and conserve energy; and, Whereas Earth Hour is a tool to encourage local residents and businesses to increase energy efficiency and decrease emissions and the use of natural resources; and, Extinguishing non-essential lights in all city government buildings, public schools and public landmarks for one hour and urging all businesses and citizens to do the same will send a clear message that the people of Buffalo are concerned about climate change; NOW THEREFORE BE IT RESOLVED: That the City of Buffalo endorses efforts by World Wildlife Fund through Earth Hour to raise awareness around global climate change and energy efficiency; and BE IT FURTHER RESOLVED: That the City of Buffalo encourages all city employees to turn off all nonessential lighting in city government buildings, public schools and public landmarks for the hour between 8:30 and 9:30 PM on March 28, 2009 to conserve energy and raise awareness about global climate change as part of the city-wide energy conservation event: Earth Hour Buffalo; and BE IT FURTHER RESOLVED: That the City of Buffalo declares March 28, 2009 to be "World Wildlife Fund's Earth Hour" day in the City of Buffalo. ADOPTED NO. 125 BY: MR. LOCURTO REQUEST FOR INFORMATION IN CONJUNCTION WITH COMMON COUNCIL ADOPTION OF THE 2009-2010 ANNUAL ACTION PLAN FOR THE CITY OF BUFFALO, NY WHEREAS: The Common Council referred the Mayor's Proposed Annual Action Plan for 2009-2010 to its Committee on Community Development ("Community Development Committee"); and WHEREAS: The Community Development Committee reviewed the Annual Action Plan through a series of formal and informal meetings attended by Common Council Members, City staff and representatives of the Buffalo Urban Renewal Agency; and WHEREAS: On February 9, 2009, pursuant to City Charter Section 3-7(o) which grants to the Council the power to "investigate and inquire into all matters of concern to the city and its inhabitants," the Chairman of the Community Development Committee formally requested that certain information be furnished by Neighborhood Development, the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC) for the Committee work session scheduled for Wednesday, February 11, 2009 at 1:00 pm in Room 1417 City Hall; and WHEREAS: The information requested was as follows: • A list of all outstanding loans to include borrower name, date loaned, amount owed and whether the loans are current or in arrears as of the last statement date, and • A list of all outstanding loans written off to include the borrower name, date loaned and amount loaned, paid and written off as well as a list of the collateral that was furnished for the loan and whether the respective lender has made a claim for / taken possession of such collateral, and • A list of all properties owned and a brief description thereof, and • A copy of the Preliminary Federal Award letter(s) for all grants included as revenues and resources in the cited plan, and • A by-name listing of all officers, directors and employees, their job titles and salaries for the last three (3) fiscal years, and • A by-name listing of all individuals to whom a cell phone, blackberry, beeper and/or similar telecommunication equipment was issued, and for the last twelve (12) months the service provider and monthly cost thereof, and • A copy of any Audit Reports and/or Reviews conducted by any Certified Public Accounting Firm(s), Consultant(s) and/or any Federal or State Agency such as but not limited to the United States Department of Housing and Urban Development (HUD); and WHEREAS: Despite a formal request by the Chairman of the Community Development Committee, as well as numerous follow-up telephone calls and email messages by the Committee's Chairman and the Council's Legislative Staff, the City Administration, Neighborhood Development, the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation, BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC), have failed to submit to this Common Council a response to the information requested or to provide reasons for their failure to do so; and WHEREAS: The failure of these entities to furnish the requested information diminished the ability of the Council to review previous years' spending and determine where funding should be allocated in the 2009-2010 Annual Action Plan. The Council, to ensure the timely filing of the of the 2009-2010 Annual Action Plan with the United States Department of Housing and Urban Development (HUD) and safeguard the City's eligibility to receive grant funding, adopted the Action Plan; and WHEREAS: This failure to respond to these reasonable requests is a disservice to the Annual Action Plan review process and is an embarrassment to the entities involved. It has deprived elected officials of their ability to monitor and wisely allocate the spending of Federal tax dollars by agencies which are often referred to as "shadow governments." NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby reiterate the request of the Chairman of the Community Development Committee, and directs the City Administration, Neighborhood Development, the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC), to furnish to this Common Council for its review, the information listed above; and BE IT FURTHER RESOLVED: That this Common Council directs its legislative staff to send certified copies of this resolution to the Mayor, Neighborhood Development, the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC); and BE IT FINALLY RESOLVED; That if the information requested above is not filed with the City Clerk within the next seven (7) calendar days, (which will be approximately 43 days from the date the original request for such information was tendered as cited herein) that this Common Council does hereby also direct the City's Department of Law to prepare a subpoena to obtain the information cited herein pursuant to the powers granted to the members of this Common Council by City Charter Section 3-7(o). ADOPTED AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES – DAVIS - 1 NO. 126 BY: MS. RUSSELL SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Code of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed is hereby amended as follows: Note: Old salaries are in brackets This ordinance shall take effect as per the respective date on the attached schedule. PASSED APPROVED ASTO FORM Corporation Counsel Attachment SOA This ordinance shall be effective July 1, 2008. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Janet Penksa, Commissioner of Administration, Finance, Policy & Urban Affairs, Steven Stepniak, Commissioner of Public Works, Parks & Streets, Brian Reilly, Commissioner of Economic Development, Permits & Inspections, Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or - concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 9 NOES - 0 NO. 127 BY: MS. RUSSELL SALARY AND WAGE SCHEDULE "F" JULY 1, 2007 - JUNE 30, 2012 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35-9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "F", Local 2651, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "F" APPROVED AS TO FORM Corporation Counsel Attachment SOA We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 9 NOES - 0 NO. 128 BY: MR. SMITH ALLOW BOTTLED WATER AS A FOOD ITEM UNDER WIC TO COMBAT LEAD POISONING Whereas: Lead poisoning causes serious, permanent health effects, especially among children, pregnant women and the elderly. Construction workers, property maintenance personnel and anyone working around buildings built before 1978 may also be at risk for lead exposure; and Whereas The use of lead solder in plumbing was banned in New York State in 1986. The plumbing installed in homes constructed before 1986 continues to contaminate drinking water with lead from lead piping and lead solder; and Whereas Since natural levels of lead in New York State water supplies are low, lead in drinking water usually results from the use of lead pipe in water systems or lead-based solder on water pipes; and Whereas If lead gets into a child's body, it could cause brain damage, kidney damage, hearing loss, growth problems, anemia, or behavioral problems. Because their organs are growing and developing, infants and toddlers are most susceptible to the toxic effects of lead. Whereas Health effects of lead poisoning include: Reduced IQ, Learning and Reading Disabilities, Juvenile Delinquency and Crime, Nervous System disorders, Reduced Height and Weight, Kidney and Gastrointestinal System Disease, Seizures, Coma and Death; and Whereas Approximately tow thirds of prison inmates in New York show evidence of past exposure to lead, perhaps as children. Lead poisoning is well known to affect IQ, which leads to social problems and decreased earning potential; and th Whereas: New York State is the 4highest states with lead exposure. Now Therefore Be It Resolved: The City of Buffalo requests that Child Nutrition Act of 1966 be amended to allow United States Department of Agriculture to allow Bottled Water be an acceptable food item; and Be It Further Resolved That: A copy of this resolution be sent to Congress Members Brian Higgins, Louise Slaughter, and Senators Charles Schumer and Kristen Gillibrand. REFERRED TO THE COMMITTEE ON LEGISLATION Mr. Davis made a motion to recess for 15 minutes Seconded by Mr. Smith At 4:40 pm the Council reconvened with the following members present DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 9 NO. 129 BY: MR. SMITH RE: CAPITAL BUDGET Whereas The final approval for the City's Capital Budget is before the common Council of the City of Buffalo; and Whereas After the Common Council's approval of the Capital Bonds, there is a 50-day time period before they can be sold, requiring on immediate approval of the Bonds to meet construction season; and Whereas There process for discussion, amendments, and deletions have been ongoing for over two month; and Now Therefore Be It Resolved: The City Council passes Bond Resolutions for the 2009-2010 construction seasons. REFERRED TO THE COMMITTEE ON FINANCE. NO. 130 BY: MR. SMITH HOME RULE MESSAGE - SENATE BILL #S02021 AND ASSEMBLY BILL #A05912 - "AN ACT TO AMEND THE TAX LAW, IN RELATION TO ENACTING THE FAIR SHARE TAX REFORM ACT OF 2009" Whereas A Bill has been introduced in the NYS Senate, #S02021, and in the NYS Assembly, #A05912- An act to amend the tax law, in relation to enacting the fair share tax reform act of 2009"; and Given the current economic crisis in New York State and across the country, action must be taken to enact fair and equitable reforms to New York State's tax system; and Over the last 30 years, New York State's personal income tax laws have become increasingly unfair and inequitable. New York State has cut its top personal income tax rate by more than 50% over the last 30 years; and As a result, the poorest 20% of New Yorkers now pay 12.6% of their income in state and local taxes, middle class New Yorkers making between $27,000 and $44,000 a year pay 11.6%, and the wealthiest 1% pay only 6.5%; and The severe cut in taxes to the wealthy have led New York State to increasingly rely on other more regressive state and local fees and taxes, including sales and property taxes. With the current recession and fiscal crisis, New York's poor and working families are again faced with higher fees and taxes while suffering major cutbacks in education, health and public services; and Instead of placing a burden on these families, the State should enact modest tax increases on incomes over $250,000; and The Fair Share Tax Reform Act of 2009 is an effort to undue the regressive effects of the last 30 years of New York Tax policy. Its enactment would ensure all New Yorkers contribute their fair share and would restore some progressivity back to our personal income tax system; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo goes on record in support of Senate Bill #S02021 and Assembly Bill #A05912 -"An act to Amend the tax law, in relation to enacting the fair share tax reform act of 2009"; and Be it Further Resolved: That the City Clerk be directed to forward certified copies of this home rule message to Governor David Patterson, to Senate Majority Leader Malcolm Smith, to the Secretary of the Senate, to Assembly Speaker Sheldon Silver, to Assembly Majority Leader Ron Canestrari, to the Clerk of the Assembly, and to members of the Western New York Legislative delegation. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 131 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Rosemary Mathieson Todd M. Nibbe Total: 2 ADOPTED NO. 132 ANNOUNCEMENT OF COMMITTEE MEETINGS th 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 Tuesday, March 24, 2009 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, March 24, 2009 at 10:00 o'clock A.M Committee on Comm. Dev. Tuesday, March 24, 2009 at 1:00 o'clock P.M Committee on Legislation Tuesday, March 24, 2009 at 2:00 o'clock P.M. (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. Fontana, Seconded by Mr. Rivera the Council adjourned at 4:50 PM GERALD CHWAL1NSKI CITY CLERK