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HomeMy WebLinkAbout09-0313ss-0320ss.0319ppdoc PROCEEDINGS OF THE CITY OF BUFFALO SPECIAL SESSIONS 03/13/2009 03/20/2009 TO 03/24/2009 PENSION PROCEEDINGS 03/19/2009 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 COMMON COUNCIL March 13, 2009 1. Call For Special Session R&F 2. Discharge - CD - Community Block Grant ADOPT 3. Community Development Block Grants- Amended APP 4. Adjournment ADOPT NO. 1 CALL FOR SPECIAL SESSION March 11, 2009 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 11, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Friday, March 13, 2009 at 10"~0 A.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1.) Block Grants Yours very truly, David A. Franczyk President of the Council March 11, 2009 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 11, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 13, 2009 at 10:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1.) Block Grants Yours very truly, City Clerk March 11, 2009 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Block Grants We request that this Special Meeting be held on March 13, 2009 at 1050 A.M. David A. Franczyk Michael P. Kearns Michael J. LoCurto Richard A. Fontana David A. Rivera Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 13, 2009 at 10:30AM Michael P. Kearns Michael J. LoCurto Richard A. Fontana Joseph Golombek Kimberly German for Brian C. Davis David A. Rivera Bonnie E. Russell Demone Smith STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 11 th day of March 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 ADOPTED NO. 2 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE -COMMUNITY BLOCK GRANT (NO. 4, CCP 2/5/09) Mr. Fontana moved that Whereas, the above item is currently in the Community Development Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by Councilmember LoCurto ADOPTED. NO. 3 BY: MR. FRANCZYK & MR. LOCURTO AMENDMENTS TO YEAR 35 COMMUNITY DEVELOPMENT BLOCK GRANT Now, Therefore, Be It Resolved That: This Common Council does hereby amend the Mayor's Year 35 Community Development Block Grant with the attached amendments: Attached spreadsheets available for review in the City Clerk’s Office PASSED AYES – DAVIS, FONTANA, FRANCZYK, GOLOMBEK, RIVERA, RUSSELL, SMITH - 7 NOES – KEARNS, LOCURTO - 2 NO. 4 ADJOURNMENT On a motion by Councilmember Fontana seconded by Councilmember Rivera the Council adjourned at 11:04 am GERALD A. CHWALINSKI CITY CLERK COMMON COUNCIL SPECIAL SESSION March 20, 2009 11:00 AM Reconvene March 23, 2009 2:00 PM Reconvene March 24, 2009 1:45 PM FINAL 1. Call For Special Session R&F 2. Certificate of Necessity- Capital Budget Amendment _________________ R&F 3. Capital Budget Amendment $3,415,750____________________________ APP 4. Bond Res – Autumnwood Senior Center Reconst - (78 CCP 3/3/09) _____ APP 5. Bond Res – Bflo&EC Historic Society Electric Upgrade (78 CCP 3/17/09)_ APP 6. Bond Res – Chimney Reconst Various (79 CCP 3/17/09)_______________ APP 7. Bond Res – Demolition Emergency Conditions (80 CCP 3/17/09)________ APP 8. Bond Res – General Reconstruction Various Schools (81 CCP 3/17/09) ___ APP 9. Bond Res – Johnny B. Wiley Roof Relacement (82 CCP 3/17/09) ________ APP 10. Bond Res – City Hall Renovations & Upgrades (83 CCP 3/17/09) ________ APP 11. Bond Res – Citywide Parks Improvements (84 CCP 3/17/09) ____________ APP 12. Bond Res – Emergency Bridge Repair (85 CCP 3/17/09) _______________ APP 13. Bond Res – Critical Infrastructure (86 CCP 3/17/09) ___________________ APP 14. Bond Res – District Heat Improvements (87 CCP 3/17/09) ______________ APP 15. Bond Res – Fargo Ave- D’Youville College Streetscape (88 CCP 3/17/09) _ APP 16. Bond Res – Fillmore Ave Resurfacing & Streetscape Imp (89 CCP 3/17/09)_ APP 17. Bond Res – Fire Apparatus Acquisition (90 CCP 3/17/09)_______________ APP 18. Bond Res – Franklin- Linwood-North Pearl- Infrastr (91 CCP 3/17/09) _____ APP 19. Bond Res – Genesee/Moselle CC Improvements (92 CCP 3/17/09) ________ APP 20. Bond Res – Improvements to Cazenovia Casino (93 CCP 3/17/09)_________ APP 21. Bond Res – Lafayette Ice Rink Imp (94 CCP 3/17/09) __________________ APP 22. Bond Res – LaSalle Park-Dog Park (95 CCP 3/17/09) __________________ APP 23. Bond Res – LaSalle Park Pool and Splash Pad (96 CCP 3/17/09)__________ APP 24. Bond Res – LaSalle Park Shelter House Reconst (97 CCP 3/17/09) ________ APP 25. Bond Res – Marcy Casino Reconst (98 CCP 3/17/09) __________________ APP 26. Bond Res – Niagara St Gateway (99 CCP 3/17/09) ____________________ APP 27. Bond Res – Ellicott District Wide Infrastructure (100 CCP 3/17/09)_______ R&F 28. Bond Res – Improvements Various Service Buildings (101 CCP 3/17/09) __ APP 29. Bond Res – North District wide Infras Repair (102 CCP 3/17/09) _________ R&F 30. Bond Res – NW CC Window Repl (103 CCP 3/17/09) _________________ APP 31. Bond Res – Oil Tank Repl (104 CCP 3/17/09) ________________________ APP 32. Bond Res – Police & Fire Radio System (105 CCP 3/17/09) _____________ APP 33. Bond Res – PS 97 Mechanical Electrical Plumbing (106 CCP 3/17/09) ____ APP 34. Bond Res – Roosevelt Park Shelter House (107 CCP 3/17/09) ___________ APP 35. Bond Res – Riverside Park Field & Ltg Improvements (108 CCP 3/17/09)__ APP 36. Bond Res – Saunders CC Roof Repl (109 CCP 3/17/09) ________________ APP 37. Bond Res – Shoshone Park Pool & Field House (110 CCP 3/17/09) _______ APP 38. Bond Res – Seneca St Streetscape Imp (111 CCP 3/17/09) ______________ APP 39. Bond Res – South Park Resurfacing & Streetscape Imp (112 CCP 3/17/09) _ APP 40. Bond Res – University District wide Infrs Repair (113 CCP 3/17/09) _____ R&F 41. Bond Res – Masten District wide Infras Repair (114 CCP 3/17/09) _______ R&F 42. Bond Res – MLK Jr Park Phase 2 (115 CCP 3/17/09) ________________ APP 43. Bond Res – Various CC Improvements (116 CCP 3/17/09) _____________ APP 44. Bond Res – Niagara District wide Infras Repair (117 CCP 3/17/09) ______ R&F 45. Bond Res – Vehicle Purchase St Division (118 CCP 3/17/09) ___________ APP 46. Bond Res – Humboldt Parkway Streetscape (119 CCP 3/17/09) _________ APP 47. Bond Res – Reconst Middlesex Ave (120 CCP 3/17/09)________________ APP 48. Bond Res – Citywide Infrastructure Repair & Replacement _____________ APP 49. Adjournment ______________________________________________ ADOPT NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 18, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Friday, March 20, 2009 at 11:00 A.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1 .) Capital Budget Bond Resolution - Various Yours very truly, David A. Franczyk President of the Council March 18, 2009 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Bond Resolutions Various We request that this Special Meeting be held on March 20, 2009 at 11:00 A.M. /, Richard A. Fontana Michael P. Kearns Michael J. LoCurto David A. Rivera David A. Franczyk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 20, 2009 at 11:00 AM Richard A. Fontana Michael P. Kearns Michael J. LoCurto Joseph Golombek Kimberly German for Brian C. Davis Demone Smith Bonnie E. Russell David A. Rivera COUNTY OF ERIE ss: CITY OF BUFFALO On this 18th day of March 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 18, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 20, 2009 at 11:00A.M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1 .) Capital Budget -Bond Resolutions- Various Yours very truly, Gerald A. Chwalinski City Clerk rd, Mr. Fontana made a motion to recess until Monday, March 232009 at 2:00 PM. Seconded by Mrs. Russell At 2:00 P.M., the Common Council reconvened with the following members present: Councilmembers Davis, Fontana, Franczyk, Golombek, Kearns, Rivera, Russell, Smith - 8. Absent: LoCurto - 1 NO. 2 CERTIFICATE OF NECESSITY CAPITAL BUDGET AMENDMENT We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to Section §20-28 of the Charter, that it is necessary that the sum of $ 3,415,750, be transferred and reappropriated in the Capital Budget, as set forth below: From: Masten Districtwide Infrastructure Repair/Replacement $593,195 Niagara Districtwide Infrastructure Repair/Replacement $593,195 Ellicott Districtwide Infrastructure Repair/Replacement $743,150 North Districtwide Infrastructure Repair/Replacement $743,150 University Districtwide Infrastructure Repair/ Replacement $743,150 To Citywide Districtwide Infrastructure Repair/Replacement $3,415,750 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing Capital Budget Amendment is necessary. RECEIVED AND FILED NO. 3 CAPITAL BUDGET AMENDMENT BY: MR. KEARNS Capital Budget Amendment We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to Section §20-28 of the Charter, that it is necessary that the sum of $ 3,415,750, be transferred and reappropriated in the Capital Budget, as set forth below: From: Masten Districtwide Infrastructure Repair/Replacement $593,195 Niagara Districtwide Infrastructure Repair/Replacement $593,195 Ellicott Districtwide Infrastructure Repair/Replacement $743,150 North Districtwide Infrastructure Repair/Replacement $743,150 University Districtwide Infrastructure Repair/ Replacement $743,150 To: Capital Budget Amendment $3,415,750 PASSED AYES - 8 NOES - 0 th, Mr. Fontana moved to recess until 1:45 P.M. on Tuesday, March 242009. Seconded by Mrs. Russell At 1:45 P.M., the Common Council reconvened with the following members present: Councilmembers- Fontana, Franczyk, Kearns, Rivera, Russell, Smith - 6 Absent: Davis, Golombek, LoCurto - 3 NO. 4 BOND RESOLUTION-AUTUMN SENIOR' CENTER RECONSTRUCTION CCP# 78, 3/03/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES - 6 NOES - 0 NO 5 BOND RESOLUTION-BFLO & EC HISTORIC SOCIETY ELECTRIC UPGRADE CCP# 78, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES - 6 NOES - 0 NO 6 BOND RESOLUTION-CHIMNEY RECONST VARIOUS CCP# 79, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 7 BOND RESOLUTION-DEMOLITION EMERGENCY CONDITIONS CCP# 80, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES- 6 NOES - 0 NO 8 BOND RESOLUTION-GENERAL RECONSTRUCTION VARIOUS SCHOOLS CCP# 81, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO. 9 BOND RESOLUTION-JOHNNY B. WILEY ROOF REPLACEMENT CCP# 82, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 10 BOND RESOLUTION-CITY HALL RENOVATIONS & UPGRADES CCP# 83, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 11 BOND RESOLUTION-CITYWIDE PARKS IMPROVEMENTS CCP# 84, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO. 12 BOND RESOLUTION-EMERGENCY BRIDGE REPAIR CCP# 85, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES -6 NOES - 0 NO 13 BOND RESOLUTION-CRITICAL INFRASTRUCTURE CCP# 86, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 14 BOND RESOLUTION-DISTRICT HEAT IMPROVEMENTS CCP# 87, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 15 BOND RESOLUTION-FARGO AVE-D'YOUVILLE COLLEGE STREETSCAPE CCP# 88, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 16 BOND RESOLUTION-FILLMORE AVE RESURFACING & STREETSCAPE IMP CCP# 89, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 17 BOND RESOLUTION-FIRE APPARTUS ACQUISITION CCP# 90, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES -6 NOES - 0 NO 18 BOND RESOLUTION-FRANKLIN-LINWOOD-NORTH PEARL-INFRASTRUCTURE CCP# 91, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO. 19 BOND RESOLUTION GENESEE/MOSELLE CC IMPROVEMENTS CCP# 92, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES -6 NOES - 0 NO. 20 BOND RESOLUTION-IMPROVEMENTS TO CAZENOVIA CASINO CCP# 93, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES -6 NOES - 0 NO 21 BOND RESOLUTION-LAFAYETTE ICE RINK IMP CCP# 94, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES -6 NOES - 0 NO. 22 BOND RESOLUTION LASALLE PARK-DOG PARK CCP#95,3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES -6 NOES - 0 NO 23 BOND RESOLUTION-LASALLE PARK POOL AND SPLASH PAD CCP# 96, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 24 BOND RESOLUTION-LASALLE PARK SHELTER HOUSE RECONST CCP# 97, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO 25 BOND RESOLUTION-MARCY CASINO RECONST CCP# 98, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES - 6 NOES - 0 NO 26 BOND RESOLUTION-NIAGARA ST GATEWAY CCP# 99, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr Rivera PASSED AYES - 6 NOES - 0 NO. 27 BOND RESOLUTION-ELLICOTT DISTRICT WIDE INFRASTRUCTURE CCP# 100, 3/17/2009 Mr, Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr Fontana now moved to receive and file said item ADOPTED NO NO. 28 BOND RESOLUTION-IMPROVEMENTS TO VARIOUS SERVICE BUILDINGS CCP# 101, 3/17/2009 Mr, Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Smith PASSED AYES - 6 NOES - 0 NO 29 BOND RESOLUTION-NORTH DISTRICT WIDE INFRAS REPAIR CCP# 102, 3/17/2009 Mr, Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr Fontana now moved to receive and file said item ADOPTED NO 30 BOND RESOLUTION NW CC WINDOW REPL CCP# 103, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES -6 NOES - 0 NO 31 BOND RESOLUTION-OIL TANK REPL CCP# 104, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES - 6 NOES - 0 NO. 32 BOND RESOLUTION-POLICE & FIRE RADIO SYSTEM CCP# 105, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES - 6 NOES - 0 NO. 33 BOND RESOLUTION-PS 97 MECHANICAL ELECTRICAL PLUMBING CCP# 106, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES -6 NOES - 0 NO. 34 BOND RESOLUTION-ROOSEVELT PARK SHELTER HOUSE CCP# 107, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES -6 NOES – 0 NO. 35 BOND RESOLUTION RIVERSIDE PARK, FIELD & LTG IMPROVEMENTS CCP# 108,3/17/09 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES -6 NOES – 0 NO36 BOND RESOLUTION-SAUNDERS CC ROOF REPL CCP# 109~ 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES – 6 NOES - 0 NO 37 BOND RESOLUTION-SHOSHONE PARK POOL & FIELD HOUSE CCP# 110, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED AYES - 6 NOES – 0 NO. 38 BOND RESOLUTION-SENECA ST STREETSCAPE IMP CCP# 11 !, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr.. Rivera PASSED. AYES - 6 NOES - 0 NO. 39 BOND RESOLUTION-SOUTH PARK RESURFACING & STREETSCAPE IMP CCP# 112, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Rivera PASSED- AYES - ~6 NOES - 0 No. 40 Bond Resolution-University District Wide Infrs Repair Ccp# 113, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved to Receive and File said Item Seconded by Mr. Rivera ADOPTED NO. 41 BOND RESOLUTION-MASTEN DISTRICT WIDE INFRS REPAIR CCP# 114, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr Fontana now moved to receive and file said item ADOPTED NO 42 BOND RESOLUTION-MLK JR PARK PHASE 2 CCP# 115, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Smith PASSED AYES 6NOES - 0 NO. 43 BOND RESOLUTION-VARIOUS CC IMPROVEMENTS CCP# 116, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Smith PASSED AYES - 6NOES – 0 NO 44 BOND RESOLUTION-NIAGARA DISTRICT WIDE LNFRS REPAIR CCP# 117, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr Fontana now moved to receive and file said item ADOPTED NO 45 BOND RESOLUTION-VEHICLE PURCHASE ST DIVISION CCP# 118, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Kearns PASSED AYES 6 - NOES - 0 NO 46 BOND RESOLUTION-HUMBOLDT PARKWAY STREETSCAPE CCP# 119, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Kearns PASSED AYES - 6 NOES - 0 NO 47 BOND RESOLUTION-RECONST MIDDLESEX AVE CCP# 120, 3/17/2009 Mr. Fontana moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED CARRIED Mr. Fontana now moved Approve Said Item. Seconded by Mr. Kearns PASSED AYES - 6 NOES - 0 NO. 48 BY MR. KEARNS BOND RESOLUTION CITYWIDE INFRASTRUCTURE REPAIR & REPLACEMENT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $3,415,750 General Improvement Bonds of said City to finance the cost of the partial reconstruction of various highways and other infrastructure elements on existing City rights-of-way located throughout the City, at the estimated total cost of $3,415,750. 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 Three Million Four Hundred Fifteen Thousand Seven Hundred Fifty Thousand Dollars ($3,415,750), 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 fmance the cost of the partial reconstruction of highway and other infrastructure elements on existing City rights-of-way, located throughout 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 class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,415,750 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, Parks & Streets, Division of Engineering, "Citywide Infrastructure Repair & Replacement, 2009", Bond Authorization Account No. 3000-31, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. .Section1 q The Ci!y intal~ds to finance~ on all interim basis, the costs o1" a portion of the costs o1 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 $3,415,750. 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 for the class of objects or purposes for which the $3,415,750 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 90 of the Law, is ten (I 0) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: 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. PASSED AYES - 6 NOES - 0 NO 49 ADJOURNMENT On a motion by Mr. Fontana, seconded by Mr. Kearns, the Council adjourned at 1:45 pm on March 24, 2009 GERALD A. CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #3 Office of the Mayor-201 City Hall March 19, 2009 Present: Darryl McPherson, City Auditor, Alisa Lukasiewicz, Corporation Counsel, Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 2009 amounting to $3,740.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 2009 amounting to $3,760.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. Received and Filed NO. 3 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.