HomeMy WebLinkAbout12-0501 (2)NO. 9
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 1 2012
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Mark J. F. Schroeder
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
LOVEJOY DISTRICT
RICHARD A. FONTANA
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
BONNIE E. RUSSELL
MAJORITY LEADER
MASTEN DISTRICT
DEMONE A. SMITH
DISTRICT COUNCIL MEMBERS
DAVID A FRANCZYK - FILLMORE
JOSEPH GOLOMBEK JR. — NORTH
-SOUTH
MICHAEL J. LO CURTO — DELAWARE
DARIUS PRIDGEN - ELLICOTT
DAVID A. RIVERA- NIAGARA
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Demone A. Smith- Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E.
Russell - Members
FINANCE COMMITTEE: Michael J. LoCurto, Chairman, , Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith- Members.
LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera,
Demone A. Smith, - Members.
RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Darius G. Pridgen, David A. Rivera - Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Darius Pridgen - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell —
Members
POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members
PUBLIC TRANSPORTATION: Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members
WATERFRONT DEVELOPMENT COMMITTEE: Chairman, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MAY 1, 2012
AT 2:00 P.M.
Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera,
Russell, Smith — 8
Absent — 0
On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on April 17, 2012 were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT BMHA OF COMMISSIONERS(BROWN)
Pursuant to New York State Public Housing Law § 30, 34 and 404, 1 hereby appoint Donna Brown, 34 Beverly Road, Buffalo, New
York, 14208 to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners, commencing immediately
and expiring October 19, 2012.
1 hereby certify that Donna Brown is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of
Commissioners and seek your confirmation of this appointment pursuant to Section 404 of the New York State Public Housing
Law.
I respectfully request that Your Honorable Body approve this appointment at your earliest opportunity.
CIVIL SERVICE
AYES — Fontana, Golombek, LoCurto, Pridgen, Rivera, Russell, Smith 7 NOES — Franczyk 1
NO. 2
MESSAGE ON BUDGET
City of Buffalo
Fiscal Year 2012 -2012
Budget Overview
A Message from Mayor Byron W. Brown
With the goal of securing Buffalo's future, I am pleased to present my recommended Budget for the City of Buffalo's 2012 -2012
fiscal year that totals $482,621,621.
This budget reflects the challenges facing municipalities across the state — a 15% increase in gasoline prices, as well as a 21 %
increase in employee pension costs, and a 15.8% increase in overall fringe benefit costs. Nonetheless, this spending plan stays
true to my continued commitment to prudent and conservative budgeting, at a time when Buffalo is reaping increased rewards from
the marketplace for its sound fiscal management. Since 2006, my administration has focused on the combined practices of
reducing spending, promotion economic development and improving our city's quality of life. Just last month, Moody's, one of the
'Big Three' national credit rating agencies, upgraded the city's bond rating to 'Al', the highest in Buffalo's history. One week later,
the city sold three bonds at the lowest interest rates in our City's history. This good news for taxpayers reflects our city's strong
financial position which will enable us to save money on investments that improve the quality of life in Buffalo.
As a result of Buffalo's positive fiscal environment, potential investors from across the country are taking a serious look at our City,
where over $750,000,000 in construction is currently underway in the downtown corridor. Adding to the excitement is Governor
Andrew Cuomo's recent billion dollar pledge to lure additional private sector investment to Buffalo.
The upcoming budget builds on this momentum by cutting the commercial property tax rate by 8.5 %, (nearly 25% since 2006) in an
effort to draw new business activity, and new jobs to Buffalo, City homeowners, as well as businesses, will benefit from my
continued commitment to reduce the property tax burden on city residents by honoring my 3 year pledge to freeze property taxes.
Since 2006, we've cut resident's property taxes by 15 %, while investing in the services that keep our city competitive for
investment, safer for our residents and fiscally responsible. Neighborhoods and business districts will also be bolstered with new
investments in parks and playgrounds, a neighborhood and business district crime prevention and beautification program and
funding for Coca -Cola Field, the Buffalo Zoo, and Kleinhans Music Hall.
As Mayor of Buffalo, I am pleased to present a budget that recognizes the difficult economic challenges, while at the same time.
Continuing to improve the quality of life, making Buffalo an attractive place to live, work, and
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 3
2012 -2013 MAYOR'S RECOMMENDED BUDGET
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE OF THE WHOLE
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BUFFALO PRESERVATION BOARD
NO.4
PRES BD- APPLICATION FOR LANDMARK SITE -2280 NIAGARA ST(NORTH)(HRG 5/22)
Application for Landmark/Landmark Site
Buffalo Preservation Board
90t City Hall
Buffalo, New York 14202
Telephone: (716) 851 -5029
Fax: (716) 851 -4388
Instructions to Applicant:
The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete:
a) Three (3) copies of this application;
b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior
photographs may also be submitted;
c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation;
d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical,
geographical, cultural or aesthetic significance.
Failure to submit the required information may result in an incomplete application and delay the review process:
" * check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for
non -owner occupied structures /sites.
Please provide the following on the property for which landmark consideration is requested.
1. Address of Site 2280 Niagara Street, Buffalo, NY 14207
2. Name of Property (if any) Buffalo Terminal House (historic name)
3. Name of Present Owner Patricia Anne Higgins
Address 2552 South Federal Highway- U.S. 1, Condo Unit #10,
City Boynton Beach, FL Zip 33435 Phone 716 - 834 -2171
Contact person Conrad S. Mikulec Phone 716 - 818 -2171
Note: If property is in multiple ownership, list the names /addresses of other persons having legal or equitable interest in property:
4. Has the owner, if other than applicant, been contacted?
Yes X No
If yes, is owner in favor of landmark designation?
Yes No X
If yes, submit a signed statement /affidavit by owner supporting Designation.
5. Present use of property
storage
6. Year of Construction
1901
Information Source 1900 Sanborn Fire Insurance Map; 1902 Landis &Alsop Bird's- eye -view Perspective Map of Buffalo, NY;
Electric World and Engineer, December 10, 1904, pp. 987 -994.
7. Architect unknown
Information Source
8. Is property endangered? Yes X No
If yes, explain: Under threat of demolition by order of Housing Court
9. On separate pages, please describe the architectural, historical, geographical and cultural significance of this
landmark and /or landmark site. Please indicate the sources of information.
10. Please attach any additional material which might be useful in considering the site for landmark designation,
i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you
would like returned. If you would like to present additional materials at a meeting of the Preservation Board,
please indicate nature of such materials.
11. Name of Applicant Conrad S. Mikulec
Organization, (if any)
Address 214 East Treehaven Road
City City Snyder, NY Zip 14215
Phone 716 - 818 -2171
I hereby certify that the information contained herein the best of my knowledge.
Signature of Applicant Conrad S. Mikulec
Date 4/2/2012
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY PLANNING BOARD
NO. 6
PLAN BD -SEQR NEGATIVE DECLARATION -113 LAFAYETTE AVE (NIA)
SEQRA Notice of Determination
Non Significance
Negative Declaration
This notice is issues 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 West Buffalo Charter School
Location: 113 Lafayette Avenue
Type of Action: Coordinated- Unlisted
Description: Ellicott Development Company on behalf of the West Buffalo Charter School is proposing the renovation of the former
Lafayette Tower Building (former Lafayette Hospital) located at 113 Lafayette Avenue Buffalo New York. The project meets the
threshold for City Wide Site Plan and Design Review however all work will be interior improvements. The exterior of this project will
be unchanged as well as the existing landscaping and parking will remain the same. Future phases of this project will involve a new
building addition as well as a playground area. All future development planes will be presented to the Planning Board as they
become available for review. This project is being coordinated with a partnership that includes Buffalo Hearing and Speech that will
focus on language acquisition, literacy instruction and reading proficiency helping children who speak English as a second
language. The project is privately with developer hoping that he will be able to complete the project by August 2012.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant
adverse effect 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 provide a new
charter school to a developing community of local Buffalonians as well as arriving immigrants helping their children learn English as
a second language, development of communication skills as well as providing a good quality education in a newly created modern
educational facility. 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
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
STRAT PLAN - BELMONT HOUSING RESOURCES FOR WNY INC PILOT
Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of
Erie, and Belmont Housing Resources for WNY, Inc. This Project is known as True Bethel Townhomes. The proposed
development consists of 30 residential units: 10 2 -BR, 14 3 -BR, and 6 4 -BR units. True Bethel Townhomes will provide affordable
housing opportunities to 30 households with annual household incomes at or below 60% of the area median; income (AMI), 18
(60 %) of which will be targeted for households with annual household incomes at or below 50% of the AMI, with the remaining 12
(40 %) units available for those with annual household incomes at or below 60% of the AMI. Six (6) (20 %) of the total 30 units will
be accessible to persons with mobility and /or hearing or vision impairments; the remaining units will be handicap adaptable. Project
amenities include onsite parking and a community building that features a site management office, community room with kitchen,
laundry facilities, a computer room with internet access, an activity room, and access to a recreation /playground area for tenant
use. Each apartment will have an open floor plan and include a full kitchen, living and dining area, bedrooms, full bathroom(s), and
laundry hook -ups. Each building boasts green and sustainable design features and promotes energy efficiency, including low -e
glass windows, water saving features, and high efficiency heating systems. Belmont Housing Resources for WNY, Inc. and True
Community Development Corp., co- developers, are both non - profit entities with IRS 501 (c) (3) tax determinations. True Bethel
Townhomes will be owned by a yet -to -be formed limited partnership. The general partner will have a 0.01 % ownership interest and
the limited partner will have a 99.99% ownership interest in the limited partnership. A subsidiary will be the general. Belmont will act
as the Management Agent.
Funding sources for True Bethel Townhomes include NYS Homes & Community Renewal (HCR) for Low - Income Housing Trust
Fund Program in the amount of $i,380,000.00 and federal Low - income Housing Tax Credits; the City of Buffalo for HOME funds in
the amount Of $350, 000.00; National Equity Fund, Inc. (NEF) for tax credit equity; and a conventional construction loan. The
amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of
3% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the
duration of the 15 -year Pilot.
DEPARTMENT HEAD NAME: Brendan R. Meheffy
TITLE: Vice Chairman City of Buffalo Urban Renewal Agency
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, dated April 18, 2012, be received and
filed; and
That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie,
and Belmont Housing Resources for WNY, Inc. The project is known as True Bethel Townhomes. The proposed development
consists of 30 residential units, and will provide affordable housing opportunities to 30 households with annual household incomes
at or below 60% of the area median income.
Funding sources for True Bethel Townhomes include NYS Homes & Community Renewal (HCR) for Low - Income Housing Trust
Fund Program in the amount of $1,380,000.00, and federal low- income housing tax credits; the City of Buffalo for HOME funds in
the amount of $350,000.00; National Equity Fund, Inc. (NEF) for tax credit equity; and a conventional construction loan. The
amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of
3% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the
duration of the 15 -year PILOT.
PASSED
AYES 8 NOES 0
NO. 7
STRAT PLAN - REPORT OF SALE ONE PART OF 858 E. FERRY (MAS)
Report of Sales One Part of 858 East Ferry being an Approximately 0.45 Acre and a Second part of 858 East Ferry being 2.94
Acres (Masten District)
PRIOR COUNCIL REFERENCE: Item No. 7, C.C.P. 4/3/2012
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Judith Scott. Property Manager of
Belmont Housing Resources of WNY, 1195 Main Street, Buffalo, New York 14209 to purchase a 2.94 ( + / -) acres portion of 858
East Ferry Street. The sale was approved by the Common Council on April 3, 2012 at a price of $120,000.00 and a closing is being
scheduled.
The approved sale purposely excluded an approximately 0.45 acre parcel, said exclusion parcel being a 25' +- wide section of land
situate along the northeast boundary of the 2.94 acres parcel. This communication seeks, along with one other objective, approval
to convey the 0.45 acre parcel to Belmont Housing Resources of WNY (or to an affiliate or assignee of Belmont Housing
Resources of WNY) for a price of $7,500.00.
The other objective of this communication is to request that Your Honorable Body approve the sale of the 2.94 acre parcel to True
Bethel Townhomes, L.P. instead of to Belmont Housing Resources of WNY. Belmont Housing Resources of WNY plans to cause
a redevelopment of the 2.94 acre site into a thirty (30) unit low to moderate income household development and has now requested
that the City make the 2.94 acre parcel conveyance to True Bethel Townhomes, L.P. instead of to Belmont Housing Resources of
WNY. The sale of the 2.94 acres to Belmont Housing Resources of WNY was approved in item No. 7 C.C.P. 4/3/2012. 1 now
request your approval to sell the 2.94 acres parcel to True Bethel Townhomes, L.P. instead of to Belmont Housing Resources of
WNY.
The subject 0.45 acre parcel will not be part of the 2.94 acre housing development. The 0.45 acre parcel however is of little or no
value to the City and further requires some attention in the form of capping (the 0.45 acre site is unremediated) and grass
seeding /related maintenance.
I am recommending and requesting that Your Honorable Body first approve the sale of the 2.94 acres portion of 858 East Ferry to
True Bethel Townhomes, L.P. for a sale price in the amount of $120,000.00. Secondly, I am recommending and requesting that
Your Honorable Body approve the sale of the 0.45 acre portion of 858 East Ferry, said parcel being a 25' +- wide section of land
situate along the northeast boundary of the 2.94 acres parcel, to Belmont Housing Resources of WNY (or their assignee) in the
amount of $7,500.00. The value of the 0.45 acre parcel was established based upon the appraisal that was performed for the 2.94
acre parcel and a letter from the appraiser that took sensible adjustments into account as well as adjustments for the condition of
the property. I am further recommending that the Law Department prepare the necessary documents for the transfers of title, said
transfer documents to be in form and substance acceptable to the Law Department and the Office of Strategic Planning.
BRENDAN MEHAFFY
EXECUTIVE DIRECTOR
OFFICE OF STRATEGIC PLANNING
Mr. Smith moved:
That the above communication from the Office of Strategic Planning dated April 25, 2012, be received and filed; and
First, the sale of the 2.94 acres portion of 858 East Ferry to True Bethel Townhomes, L.P. for a sale price in the amount of One
Hundred Twenty Thousand Dollars ($120,000.00) is approved. Secondly, the sale of 0.45 acre portion of 858 East Ferry to
Belmont Housing Resources of WNY (or their assignee) for the mount of Seven Thousand Five Hundred Dollars ($7,500.00) is
also approved; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchasers; and
That the Law Department be authorized to prepare the necessary documents for the transfers of title, said transfer documents to
be in form and substance acceptable to the Law Department and the Office of Strategic Planning, and that the Mayor be authorized
to execute the
same.
PASSED
Mr. Pridgen Recused from vote
AYES 7 NOES 0
NO. 8
STRAT PLAN - REPORT OF SALE 64 N. PARADE (MAS)
Report of Sale 64 N. Parade 259.80'W Fillmore Lot Size: 42'x 142' Assessed Valuation: Land $1,400.00
Improvement: $3,600.00 Total $5,000.00 (Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request from Habitat for Humanity Buffalo, Inc., Mr. Ron
Talboys 995 Kensington Avenue, Buffalo, New York 14215 to purchase 64 North Parade Avenue. Habitat for Humanity Buffalo Inc.
will rehabilitate this property and resell to a low to moderate income homebuyer. Renovations will include new electrical, plumbing
and heating and the exterior work will include new roof, windows and siding. Habitat has built or rehabilitated nearly two hundred
properties in the City since 1985.
The cost of acquisition was made possible by grants from the Martin Luther King, Jr. Community Development Corporation and the
Margarete Wendt Foundation.
The property consists of 3,368 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 42' x
142'. The property was acquired by the City through In Rem #41 in October 2007.
The Office of Strategic Planning Land Use Planning Committee. Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations taxes or other liens owed to the City of Buffalo by
the purchaser.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Forty Five Cents
($.45) to Seventy Cents ($70), per square foot, land value, The structure contributes little or no value to the overall market value of
the subject property.
Habitat for Humanity Buffalo, inc. has agreed and is prepared to pay Three Thousand Six Hundred Dollars C$3,600.00), Sixty
Cents ($.60) 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 64 North Parade Avenue to Habitat for Humanity Buffalo, Inc.,
Mr. Ron Talboys in the amount of Three Thousand Six Hundred Dollars ($3,600.00). 1 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.
BRENDAN MEHAFFY
EXECUTIVE DIRECTOR STRATIGIC PLANNING
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 9
START PLAN - SEVENTH DAY CHURCH OF OUTREACH MINISTRIES, INC -USE OF
VACANT LOTS (MAS)
Seventh Day Church of God Outreach Ministries, Inc. Use of City Owned Vacant Lot 421 East Ferry, 86.75' E Roehrer
Lot Size: 30'x 120'425 East Ferry, 66.47W Wohlers Lot Size: 31'x 125'. 23.60'x 30' Rear (Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Paulette Hayles, Evangelist on behalf of
Seventh Day Church of God Outreach Ministries Inc.. 431 East Ferry Street. Buffalo, New York 14208 to use 421 and 425 East
Ferry for a gospel crusade.
Seventh Day Church of God Outreach Ministries Inc. intends to have their religious function from June 29 - " 2012 through July 8 th
2012. The religious group will clean up the lot before and after their use and will provide Proof of insurance in the amount of
$1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have
no objections. This office receives approximately four to five similar requests a year.
I am recommending that Your Honorable Body approve the request of Seventh Day Church of God Outreach Ministries Inc. to use
421 and 425 East Ferry Street upon the above terms and conditions. I am further recommending that the Office of Strategic
Planning prepare and execute the necessary use agreement.
BRENDAN MEHAFFY
EXECUTIVE DIRECTOR
OFFICE OF STRATEGIC PLANNING
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
NO. 10
COMPTROLLER'S CERTIFICATE OF AWARD FOR THE 2012A BONDS
I, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY
AND REPORT AS FOLLOWS:
1. On April 17, 2012, at 11:00 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211
North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by
facsimile transmission.
2. At that time and place, six (6) sealed bids were received for the purchase of $22,000,000 General Improvement Bonds -2012A
of the City (the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements
of the Certificate of Determination executed by the Comptroller as of April 2, 2012, and said bids were thereupon opened and
publicly read.
3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good
faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds.
4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to
be publicly announced that Raymond James & Associates, Inc., New York, New York, was the successful bidder to whom the
bonds were then awarded, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale
therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows:
Total Interest Cost .................... ............................... $ 4,775,352.92
Less the Amount of the $ 1,302,431.95
Net Premium Bid Above Par ..... ...............................
Net Interest Cost ....................... ............................... $63,472,920.97
TiC ............................................ ............................... 2.472926%
5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity
at the respective rates per annum stated in the following table:
Bonds maturing in the year 2013, at 2.00 %;
Bonds maturing in the years 2014 to 2017, inclusive, at 3.00 %;
Bonds maturing in the year 2018, at 4.00 %;
Bonds maturing in the year 2019, at 5.00 %;
Bonds maturing in the years 2020 and 2021, at 4.00 %, and
Bonds maturing in the years 2022 and 2023, at 3.00 %,
such rates of interest being the rates necessary for the City to sell said Bonds.
6. (a) As set forth in the Certificate of Determination, it is further determined that the par amount of the Bonds and annual maturities
shall be adjusted in order to meet the requirements of substantially level or declining annual debt service and in order that the total
proceeds, which include the total par amount of the Bonds plus the original issue premium received by the City, does not exceed
the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986, as amended. Following said
adjustments, the par amount of the Bonds is determined to be $21,640,000 and said Bonds shall mature on April 1 in each of the
years and principal amounts as set forth below:
$ 1,730,000 in the year 2013;
1,705,000 in the year 2014;
1,755,000 in the year 2015;
1,805,000 in the year 2016;
1,860,000 in the year 2017;
1,915,000 in the year 2018;
1,995,000 in the year 2019;
2,095,000 in the year 2020;
2,180,000 in the year 2021;
2,265,000 in the year 2022, and
2,335,000 in the year 2023.
(b) The gross true interest cost and true interest rate for the Bonds, following adjustment of the principal amounts, is:
Par Amount of Bonds ............................ $21,460,000.00
Premium ............... ............................... 1,588,888.55
Underwriter's Discount .......................... 302,960.00
Accrued Interest ..... ............................... 0.00
True Interest Cost ... ............................... 2.4891732%
(c) Based upon the foregoing adjustments, the purchase price for the Bonds shall be $22,925,928.55.
(d) As a result of the adjustments to the annual maturities of the Bonds, the consolidated maturity schedule prepared by Capital
Markets Advisors LLC has been revised and Schedule I attached to the Certificate of Determination dated April 2, 2012 is hereby
revised to read as appears in Exhibit A attached hereto.
7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders.
8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the
provisions of the Notice of Sale.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 17th day of April, 2012.
Mark J. F. Schroeder
Comptroller
CLERK'S CERTIFICATE
I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have
compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed
with said City in my office as City Clerk on or before April 30, 2012.
1 FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the
resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common
Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this -- day of April, 2012.
Gerald A. Chwalinski
City Clerk
RECEIVED AND FILED
NO. 11
COMPTROLLER'S CERTIFICATE OF AWARD FOR THE SERIES B BONDS
I, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the
County of Erie (the "City "), HEREBY CERTIFY AND REPORT AS FOLLOWS:
1. On April 17, 2012, at 1 1:15 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211
North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by
facsimile transmission.
2. At that time and place, five (5) sealed bids were received for the purchase of $5,000,000 School Serial Bonds -201213 of the City
(the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the
Certificate of Determination executed by the Comptroller as of April 2, 2012, and said bids were thereupon opened and publicly
read.
3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith
deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds.
4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to
be publicly announced that UBS Financial Services Inc., New York, New York, was the successful bidder to whom the bonds were
then awarded, at the purchase price of $1,247,891.66, plus accrued interest, if any, from the date of the Bonds to the date of
payment of the purchase price, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale
therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows:
Total Interest Cost ...................... ............................... $1,246,629.31
Less the Amount of the 1,2621.35
Net Premium Bid Above Par ..... ...............................
Net Interest Cost ......................... ............................... 1,245,366.96
TIC ................................. ............................... 2.959068
5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity
at the respective rates per annum stated in the following table:
Bonds maturing in the year 2013, at 3.00 %;
Bonds maturing in the year 2014, at 2.00 %;
Bonds maturing in the year 2015, at 3.00 %;
Bonds maturing in the years 2016 and 2017, at 2.00 %;
Bonds maturing in each of the years 2018 to 2025, inclusive, at 3.00 %; Bonds maturing in the year 2026, at 3-1/8%, and
Bonds maturing in the year 2027, at 3.25 %,
such rates of interest being the rates necessary for the City to sell said Bonds.
6. Payment of principal of and interest on the Bonds will be insured by a Municipal Bond Insurance Policy to be issued by
Assured Guaranty Municipal Corp. ( "AGM "), simultaneously with the delivery of the Bonds. The amount payable to AGM, as
premium for the policy on the Bonds will be paid to AGM by UBS Financial Services Inc., New York, New York, the purchaser of
the Bonds, at the closing on April 30, 2012.
7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders.
8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the
provisions of the Notice of Sale.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 17 day of April, 2012.
Mark J. F. Schroeder
Comptroller
CLERK'S CERTIFICATE
I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have
compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed
with said City in my office as City Clerk on or before April 30, 2012.
1 FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the
resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common
Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this -- day of April, 2012.
Gerald A. Chwalinski
City Clerk
RECEIVED AND FILED
NO. 12
COMPTROLLER'S CERTIFICATE OF AWARD FOR THE 2012C BONDS
I, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY
AND REPORT AS FOLLOWS:
1. On April 17, 2012, at 11:30 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211
North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by
facsimile transmission.
2. At that time and place, four (4) sealed bids were received for the purchase of $13,965,000 General Obligation Refunding
Bonds -2012C of the City (the "Bonds "), pursuant to the Notice of Sale, dated April 2, 2012 (the "Original Notice of Sale ") heretofore
duly published in conformity with the requirements of the Certificate of Determination executed by the City Comptroller as of April 2,
2012, and the Supplemental Notice of Sale, dated April 12, 2012 (the "Supplemental Notice of Sale" and together with the Original
Notice of Sale, the "Notice of Sale "), and said bids were thereupon opened and publicly read.
3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good
faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds.
4. Forthwith upon receiving, opening, reading and considering said sealed
bids, I ascertained and publicly announced or caused to be publicly announced that Raymond James & Associates, Inc., New York
New York, was the successful bidder to whom the bonds were then awarded, said bid of said successful bidder being the best bid
received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the
Bonds, computed as follows:
Total Interest Cost ...................... ............................... $1,977,694.58
Less the Amount of the
Net Premium Bid Above Par ..... ............................... 545,654.70
Net Interest Cost ......................... ............................... $1,432,039.88
TIC .................................. ............................... 2.240491%
5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity
at the respective rates per annum stated in the following table:
Bonds maturing on June 1, 2012, at 2.00 %;
Bonds maturing on December 1, 2012, at 2.00 %;
Bonds maturing on December 1, 2013 and 2014, at 3.00 %;
Bonds maturing on December 1, 2015 to December 1, 2017, inclusive, at 4.00 %, and
Bonds maturing on December 1, 2018 to December 1, 2024, inclusive, at 3.00 %,
such rates of interest being the rates necessary for the City to sell said Bonds.
6. (a) As set forth in the Certificate of Determination, it is further determined that the par amount of the Bonds and annual maturities
shall be adjusted in order to effectuate the City's plan of refunding: Following said adjustments, the par amount of the Bonds is
determined to be $13,225,000 and said Bonds mature in the principal amounts, as set forth below:
$ 105,000 on June 1, 2012;
1,125,000 on December 1, 2012;
1,810,000 on December 1, 2013;
3,795,000 on December 1, 2014;
1,420,000 on December 1, 2015;
645,000 on December 1, 2016;
655,000 on December 1, 2017;
645,000 on December 1, 2018;
625,000 on December 1, 2019;
460,000 on December 1, 2020;
465,000 on December 1, 2021;
475,000 on December I, 2022;
495,000 on December 1, 2023, and
505,000 on December 1, 2024.
(b) The gross true interest cost and true interest rate for the Bonds, following adjustment of the principal amounts, is:
(c) Based upon the foregoing adjustments, the purchase price for the Bonds shall be $13,739,479.75.
(d) The principal amounts of the Bonds shall be allocated among the various
objects or purposes for which each respective series of the Refunded Bonds, as this term is defined in the Certificate of
Determination, dated April 2, 2012, were issued in accordance with the schedules attached hereto as Appendix A attached hereto
and made a part hereof.
7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders.
8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the
provisions of the Notice of Sale.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 17th day of April, 2012.
Mark J. R. Schroeder
Comptroller
CLERK'S CERTIFICATE
I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have
compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed
with said City in my office as City Clerk on or before April 30, 2012.
1 FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the
resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common
Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this -- day of April, 2012.
Gerald A. Chwalinski
City Clerk
RECEIVED AND FILED
NO. 13
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF
$16,266,000 GENERAL OBLIGATION REFUNDING BONDS -2012C OF THE CITY OF BUFFALO, NEW YORK, AND PROVIDING FOR THEIR PUBLIC SALE.
I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the
"City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT that pursuant to the powers and
duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October,
1945, and pursuant to Resolution No. 160, duly adopted on the 1st day of November, 1994, which resolutions are in full force and
effect and have not been modified, amended or revoked, and
subject to the limitations prescribed in said
determinations:
1. (a) Authorization, Principal Amount Maturity Schedule and Designation
Refunding serial bonds in the principal amount of $15,265,000 and designated as "General
Obligation Refunding Bonds- 2012C" (referred to hereinafter as the "Refunding Bonds" or the
"Bonds ") authorized pursuant to the Refunding Bond Resolution duly adopted by the City
Council on March 6, 2012 (the "Resolution "), entitled:
"Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding
bonds of said City, stating the plan of financing, appropriating an amount not to exceed $21,400,000 therefor, authorizing the
issuance of $21,400,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and
making certain determinations all relative thereto,"
shall be issued to refund the following:
(i) $27,335,000 Refunding Serial Bonds 1998 -C (the -C Bonds ") maturing
in each of the years 2012 to 2024, inclusive, in the aggregate principal amount of $7,925,000 (the
"1998 -C Refunded Bonds "), which bonds were issued pursuant to various bond resolutions adopted by the Common Council of the
City on their respective dates to finance various purposes in and for the City; and such 1998 -C Refunded Bonds mature on the
dates and in the principal amounts and bear interest payable semiannually on June 1 and December 1 in each year to
maturity, as follows:
Interest Principal
Maturity Date Rate Amount
December 1, 2012 5.25% $1,050,000
December 1, 2013 5.25 1,075,000
December 1, 2014 5.25 1,100,000
December 1, 2015 5.00 375,000
December 1, 2016 5.00 395,000
December 1, 2017 5.00 415,000
December 1, 2018 5.00 435,000
December 1, 2019 5.00 455,000
December 1, 2020 5.00 480,000
December 1, 2021 5.00 500,000
December 1, 2022 5.00 520,000
December 1, 2023 5.00 550,000
December 1, 2024 5.00 575,000
The 1998 -C Refunded Bonds are subject to redemption prior to maturity, in whole
or in part, in inverse order of their maturity (selected by lot within a maturity) on any interest
payment date, at the redemption price of 100% of the par amount of the 1998 -C Refunded Bonds
to be redeemed, plus accrued interest to the date of redemption. At the closing, the City shall
provide irrevocable instructions to Manufacturers and Traders Trust Company, as Escrow
Holder, to mail to the registered holders of the 1998 -C Refunded Bonds, as the names and
addresses of such holders shall appear on the books and records of the paying agent for the 1998 -
C Refunded Bonds, as required by Section 53.00 of the Local Finance Law, a notice to be mailed
not less than thirty (30) days prior to the date set for redemption (June 1, 2012), setting forth the
date set for redemption of the 1998 -C Refunded Bonds maturing on or after December 1, 2012.
(ii) $31,585,000 Refunding Serial Bonds - 2001 -C (the "2001 -C Bonds ")
maturing in each of the years 2013 to 2019, inclusive, in the aggregate principal amount of $6,635,000 (the "2001 -C Refunded
Bonds" and together with the 1998 -C Refunded Bonds, the "Refunded Bonds "), which bonds were issued pursuant to various bond
resolutions adopted by the Common Council of the City on their respective dates to finance various purposes in and for the City; and
such 2001 -C Refunded Bonds mature on the dates and in the principal amounts and bear interest payable semiannually on June 1
and December 1 in each year to maturity, as follows:
Maturity Date Interest Principal
Rate Amount
December 1,2013 4 -5/8% $ 790,000
December 1, 2014 5 -1/8 2,820,000
December 1, 2015 5.25 1,225,000
December 1, 2016 5.00 455,000
December 1, 2017 5.00 455,000
December 1, 2018 5.00 450,000
December 1, 2019 5.00 440,000
The 2001 -C Refunded Bonds maturing on or after December 1, 2012 are subject
to redemption prior to maturity, in whole or in part, and if in part in any order of their maturity and in any amount within a maturity
(selected by lot within a maturity) on any date, at the redemption price of 100% of the par amount of the 2001 -C Refunded Bonds to
be redeemed, plus accrued interest to the date of redemption. At the closing, the City shall provide irrevocable instructions to
Manufacturers and Traders Trust Company, as Escrow Holder, to mail to the registered holders of the 2001 -C Refunded Bonds
maturing on or after December 1, 2013, as the names and addresses of such holders shall appear on the books and records of the
paying agent for the 2001 -C Refunded Bonds, as required by Section 53.00 of the Local Finance Law, a notice to be mailed not less
than thirty (30) days prior to the date set for redemption (May 30, 2012),
setting forth the date set for redemption of the 2001 -C Refunded Bonds maturing on or after
December 1, 2013.
(b) The Refunding Bonds shall be issued to refund the Refunded Bonds and shall
mature in the principal amounts as set forth below and shall bear interest at respective interest
rates per annum specified by the winning bidder payable on June 1, 2012, December 1, 2012 and
semiannually thereafter on June 1 and December 1 in each year until maturity.
Principal
Maturity Date Amount
June 1, 2012 $ 200,000
December 1, 2012 1,385,000
December 1, 2013 2,140,000
December 1, 2014 4,090,000
December 1, 2015 1,660,000
December 1, 2016 860,000
December 1, 2017 850,000
December 1, 2018 840,000
December 1, 2019 820,000
December 1, 2020 465,000
December I, 2021 470,000
December 1, 2022 480,000
December 1, 2023 495,000
December 1, 2024 510,000
(c) Following the sale of the Bonds as provided for in paragraph 12 hereof, the
aggregate par amount of Bonds may be decreased in an amount not in excess of the premium
offered by the successful bidder and the amount of each annual maturity, as set forth herein, may
be adjusted to the extent necessary, in order that the total proceeds, which include the total par
amount of the Bonds plus the original issue premium, if any, received by the City does not
exceed the maximum amount permitted under applicable provisions of the Internal Revenue
Code of 1986, as amended.
(2) Interest Rate, Dates and Medium of Payment. The Bonds shall bear
interest from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of
interest in multiples of one - hundredth of 1 % or multiples of one - eighth of 1 % which the Bonds are to bear, and said bidder may state
different rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid
for all Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed 5.5% per
annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall
be determined by the undersigned Comptroller upon the receipt of bids therefore, as hereinafter set forth, payable on June 1, 2012,
December 1, 2012 and semi - annually thereafter on June 1 and December 1 in each year until maturity, in any coin or currency of the
United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be
paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in
whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal
Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date.
(3) Bonds Subject to Prior Redemption. The Bonds maturing on or after
December 1, 2022 will be subject to redemption prior to maturity at the option of the City on December 1, 2021 and thereafter on any
date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued
interest to the date of redemption.
So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of
redemption to be given only to DTC as registered
owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC
procedures. See "BOOK ENTRY ONLY SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and
issuance of the Bonds regarding DTC's practice of determining by lot the amount of the interest of each Direct Participant for partial
bond redemptions.
If the Bonds are not registered in book -entry form, any redemption of less than all
of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such
maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds
owned by each registered owner. This will be calculated based on the following formula:
(principal to be redeemed) x (principal amount owned by owner) (principal amount outstanding)
Notice of redemption shall be given by mailing such notice to the registered
holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30
days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called
for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice,
and interest on such Bonds shall cease to accrue from and after such redemption date.
(4) Bond Insurance. If the Bonds qualify for issuance of any policy of
municipal bond insurance or commitment therefore at the option of a bidder, the purchase of any such insurance policy or the
issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of
issuance of the Bonds resulting by reason
of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of
insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay
for said Bonds in accordance with the terms hereof.
(5) Denominations, Numbers and Letters. The Bonds maturing in each year
shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple or which includes the authorized
multiple, not exceeding the aggregate principal amount of Bonds Purchasers will not receive certificates representing their interest in
the
The Bonds shall be lettered CR, and shall be numbered separately from one (1)
consecutively upward in the order of their maturity. All of the Bonds shall be transferable and exchangeable as provided herein.
(6) Book -Entry System. The Bonds when issued shall be (i) registered in the
name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to
be held in trust until maturity. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such
maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for
establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain
banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will
be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in
the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without
certificates issued by the City) made on
The books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral
multiple thereof not exceeding the aggregate principal amount of Bonds maturing in such year. Beneficial owners of the Bonds will
not receive certificates representing their respective interests in the Bonds. Principal of and interest on the Bonds will be payable by
the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the
Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments
to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be
responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining,
supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.
(7) Discontinuance of Book Entry System. In the event that (a) DTC determines to discontinue providing its service with
respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and
the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of
book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial
owners upon registration of the Bonds held in the beneficial owners names. After such registration the beneficial owners shall
become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of
Determination which will set forth the terms, form and details of
issuance of such bond certificates.
(8) Fiscal Agent. Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the
Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of
Buffalo, adopted by the Common Council on March 8, 1977.
(9) Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the Comptroller,
and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon.
(10) Transfer of Bonds. Each Bond shall be transferable only upon the books of the City, which shall be kept for such
purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon
surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner
or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or
Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and
treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond,
whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on
such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid
and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor
the Fiscal Agent shall be affected by any notice to the contrary.
(11) Regulations With Respect to Exchanges and Transfers. In all cases in which the privilege of exchanging or
transferring Bonds is exercised, the city shall execute and deliver
Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be
cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge
sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer,
and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or
sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the
fifteenth day of the month preceding an interest payment date and such interest payment date.
(12) Sale of Bonds. The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on
April 17, 2012, until 11:30 a.m. (local time), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile
transmission, pursuant to the Notice of Sale, in substantially the form as provided in Appendix A, which shall be published at least
once in The Bond Buyer," published in the City of New York, not less than five (5) nor more than thirty (30) days prior to the date of
said sale. The successful bidder may neither withdraw nor modify its bid as a result of any post -bid adjustment affecting the amount
of any maturity or the aggregate amount of the Bonds as described in paragraph 1 hereof. In adjusting the par amount of the Bonds
following the award, the City will hold constant the successful bidder's Underwriter's Spread per $1,000 bonds as indicated in the
original bid. "Underwriter's Spread" shall be defined as the difference between the purchase price of the Bonds submitted by the
bidder and the price at which the Bonds will be issued to the public (calculated from information provided by the bidder) divided by
the par amount of the Bonds bid. The Bonds of each maturity, as adjusted, will bear interest at the same rate and must have the
same initial
reoffering yields as specified for that maturity by the successful bidder for the Bonds. The award will be made to the bidder whose
bid produces the lowest true interest cost rate solely on the basis of the Bonds offered, without taking into account any adjustment in
the amount of Bonds as described in paragraph 1. Delivery of the Bonds shall be affected on or about April 30, 2012, upon (i)
receipt by the City of the purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust
until maturity.
(13) Form of Bonds. Said Bonds shall be in substantially the form set forth in Appendix B hereto.
(14) SEC Rule 15c2 -12. In order to assist bidders in complying with Rule
15c2 -12 promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its
acceptance of the successful bidder's proposal, at the time of the delivery of the Bonds the City will provide an executed copy of its
"Undertaking to Provide Continuing Disclosure" in substantially the form set forth in Appendix C hereto. Said Undertaking will
constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to
provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board
established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of
such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events,
as enumerated in said
Rule 15c2 -12.
I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to
issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or
revoked.
IN WITNESS WHEROF I have hereunto set my hand as of the 2nd day of April, 2012.
Comptroller
CLERK'S CERTIFICATE
I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of
Erie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the
Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office as City Clerk on or before
April 30, 2012; and
I FURTHER CERTIFY that no resolution electing to reassume any of the powers
or duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th
day of October, 1945, and Resolution No. 160, duly adopted on the 1st day of November, 1994, referred to in said Certificate, has
been adopted by
said Common Council.
I have hereunto set my hand and affixed the corporate seal of said City this -- day of April, 2012.
Gerald A Chwalinski
RECEIVED AND FILED
NO. 14
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF
ISSUANCE OF $22,000,000 GENERAL IMPROVEMENT BONDS -2012A AND $5,000,000 SCHOOL SERIAL BONDS -2012B
OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $27,000,000 AND PROVIDING FOR THE PUBLIC SALE
THEREOF
I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "),
in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT that pursuant to the powers and duties
delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945,
and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect
and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the
following determinations:
(1) Authorization, — Amount, Maturity Schedule Issue Date and
(a)(i) Serial bonds of the City in the respective principal amounts as set forth on line I of Schedule I, attached hereto and hereby
made a part hereof, shall be issued for each of the respective purposes as set forth on line A of such Schedule I, pursuant to the
bond resolutions duly adopted by the City Council on February 21, 2012 and numbered as set forth therein, and shall mature in the
respective principal amounts on April 1 in each of the years 2013 to 2023, inclusive, as set forth on line J of such Schedule I.
(ii) All of said serial bonds referred to in subparagraph (a) (i) shall be combined, for
the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $22,000,000 and each of
said Bonds shall be designated "General Improvement Serial Bonds- 2012A" (the "2012A Bonds)
(iii) Said 2012A Bonds shall mature on April 1 in the aggregate principal amounts of
$1,830,000 in the year 2013; $1,850,000 in the year 2014; $1,875,000 in the year 2015; $1,905,000 in the year 2016; $1,935,000 in
the year 2017; $1,970,000 in the year 2018; $2,015,000 in the year 2019; $2,065,000 in the year 2020; $2,120,000 in the year 2021;
$2,185,000 in the year 2022; and $2,250,000 in the year 2023. The weighted average maturity of the Bonds, calculated pursuant to
applicable provisions of the Local Finance Law, is hereby determined to be 11.09 years.
(b)(i) Serial bond s of the City in the respective principal mounts as set forth on line I
of Schedule 11, attached hereto and hereby made a part hereof, shall be issued for each purpose as set forth on line A of such
Schedule II, pursuant to the bond resolutions duly adopted by the -City Council on February 21, 2012 and numbered as set forth
therein, and shall mature in the respective principal amounts on April 1 in each of the years 2013 to 2027, inclusive, as set forth on
line J of such Schedule II.
(ii) All of said serial bonds referred to in subparagraph (b) (i) shall be combined, for
• the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $5,000,000 and each of
said Bonds shall be designated "School Serial Bonds - 201213" (the "20126 Bonds ").
(iii) Said 2012B Bonds shall mature on April 1 in the aggregate principal amounts of
$290,000 in the year 2013; $290,000 in the year 2014; $295,000 in the year 2015; $300,000 in the year 2016; $305,000 in the year
2017; $310,000 in the year 2018; $315,000 in the year 2019; $325,000 in the year 2020; $335,000 in the year 2021; $345,000 in the
year 2022; $355,000 in the year 2023; $365,000 in the year 2024; $375,000 in the year 2025; $390,000 in the year 2026; and
$405,000 in the year 2027. The weighted average maturity of the Bonds, calculated pursuant to applicable provisions of the Local
Finance Law, is hereby determined to be 20.2 years.
(c) Following the sale of the Bonds as provided for in paragraph 12 hereof, the
mount of Bonds of each series maturing in each year, as set forth herein, may be adjusted, in multiples of $5,000 and to the extent
necessary, in order that the City can achieve annual debt service which is substantially level or declining, as authorized by law. In
addition, following the sale of the Bonds as provided for in paragraph 12 hereof, the aggregate par amount of Bonds may be
decreased in an amount not in excess of the premium offered by the successful bidder and the amount of each annual maturity, as
set forth herein, may be adjusted to the extent necessary, in order that the total proceeds, which include the total par amount of the
Bonds pins the original issue premium, if any, received by the City does not exceed the maximum amount permitted under applicable
provisions of the Internal Revenue Code of 1986, as amended.
(2) Interest Rate, Dates and Medium of Payment. The Bonds shall bear interest
from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of interest in
multiples of one - hundredth of 1 % or multiples of one - eighth of 1 % which the Bonds are to bear, and said bidder may state different
rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid for all
Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In
no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall be
determined by the undersigned Comptroller upon the receipt of bids therefor, as hereinafter set forth, payable on April 1, 2013,
October 1, 2013 and semi - annually thereafter on April 1 and October 1 in each year until maturity, in any coin or
currency of the United States of America which at the time of payment is legal tender for the payment of pubic and private debts,
interest shall be paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent") to
the person in whose name the bend is registered at his address shown upon the books of the City kept for the purpose at the offices
of the Fiscal Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date.
(3) Bonds Subject to Prior Redemption. The Bonds maturing on or after April 1,
2022 will be subject to redemption prior to maturity at the option of the City on April 1, 2021 and thereafter on any date, as a whole or
in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date
of redemption.
So long as DTC or a successor securities depository is the sole registered owner of the
Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry
interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See "BOOK ENTRY ONLY
SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds regarding DTC's
practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions.
If the Bonds are not registered in book -entry form, any redemption of less than all of a
maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such
maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds
owned by each registered owner. This will be calculated based on the following formula:
(principal to be redeemed) x (principal amount owned by owner)
(principal amount outstanding)
Notice of redemption shall be given by mailing such notice to the registered holders
of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30 days
prior to the date set for any such redemption. If notic of redemption shall have been given as aforesaid, the Bonds so called for
redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and
interest on such Bonds shall cease to accrue from and after such redemption date.
(4) Bond Insurance. If the Bonds qualify for issuance of any policy of municipal
bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any
such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds
resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of
any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept
delivery of and pay for said Bonds in accordance with the terms hereof.
(5) Denominations— Numbers and Letters. The Bonds maturing in each year shall
be issued as fully registered bonds in denominations of $5,000 or any integral multiple, not exceeding the aggregate principal
amount of Bonds of each series maturing in such year. Purchasers will not receive certificates representing their interest in the
Bonds.
The 2012A Bonds shall be lettered AR, and shall be numbered separately from one (1) consecutively upward in the order of their
maturity. The 2012B Bonds shall be lettered BR, and
shall be numbered separately from one (1) consecutively upward in order of their maturity. All of the Bonds shall be transferable and
exchangeable as provided herein.
(6) Book -Entry System. The Bonds when issued shall be (i) registered in the
name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to
be held in trust until maturity. Only one Bond will be initially issued for each maturity of each series in the aggregate principal amount
of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be
responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which
include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC
participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of
individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through
book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its
participants, in the denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds
of each series maturing in such year. Beneficial owners of the Bonds will not receive certificates representing their respective
interests in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse
funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1,
1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC;
transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants
and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC
participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or
persons acting through such participants.
(7) Discontinuance of Book Entry System. In the event that (a) DTC determines
to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with
respect thereto under applicable law, and the City fats to appoint a successor securities depository for the Bonds, or (b) the City
determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond
certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners names. After such
registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall
execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond
certificates.
(8) Fiscal Agent. Manufacturers & Traders Trust Company, Buffalo, New York
is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and
the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977.
(9) Execution of Bonds. The Bonds shall be executed in the name of the City by
the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted,
engraved or otherwise reproduced thereon.
(10) Transfer of Bonds. Each Bond shall be transferable only upon the books of
the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his
attorney duty authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal
Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in
then name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond.
The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the
City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such
registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary.
(11) Regulations With Respect to Exchanges and Transfers. In all cases in which
the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the
provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For
every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee
or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay
the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer.
The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an
interest payment date and such interest payment date.
(12) Sale of Bonds. The Bonds shall be sold upon sealed proposals to be received
by the undersigned Comptroller on April 17, 2012, until 11:00 a.m. and 11:15 a.m. for 2012A Bonds and 2012B Bonds, respectively
(local time), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission, pursuant to the Notices of
Sale, in substantially the form as
provided in Appendices A and B, which shall be published at least once in "The Bond Buyer," published in the City of New York, not
less than five (5) nor more than thirty (30) days prior to the date of said sale. Award of the Bonds will be made by the City
Comptroller after receiving the written approval of the financial terms of the Bonds by the Buffalo Fiscal Stability Authority. Delivery
of the Bonds shall be effected on or about April 30, 2012, upon (i) receipt by the City of the purchase price of the Bonds in Federal
Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity.
(13) Form of Bonds. Said Bonds shall be in substantially the form set forth in Appendix C hereto.
(14) SECRule15c2 -12. haordertoassistbiddersincomplyingwithRulel5c2 -12
promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its acceptance
of the successful bidder's proposal for each series, at the time of the delivery of the Bonds the City will provide an executed copy of
its "Undertaking to Provide Continuing Disclosure" in substantially the form set forth in Appendix D hereto. Said Undertaking will
constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to
provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board
established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of
such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events,
as enumerated in said Rule 15c2 -12.
I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue
and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or
revoked.
I have hereunto set my hand as of the 2nd day of April, 20i2.
Comptroller
CLERK'S CERTIFICATE
I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie,
New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of
Determination executed by the Comptroller and the same is a true and complete copy of the
Certificate filed with said City in my office as City Clerk on or before April 30, 2012; and
I FURTHER CERTIFY that no resolution electing to reassume any of the powers or
duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th day
of October, 1945, and Resolution No. 160, duly adopted on the 1 st day of November, 1994, referred to in —aid Certificate, has been
adopted by said Common Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this -- day of April, 2012.
Gerald A. Chwalinski
RECEIVED AND FILED
NO. 15
SUPPLEMENTAL CERTIFICATE OF DETERMINATION BY THE CITY COMPTROLLER RELATIVE TO THE TERMS, FORM
AND DETAILS OF SALE AND ISSUANCE OF THE GENERAL OBLIGATION REFUNDING BONDS -2012C OF THE CITY OF
BUFFALO, NEW YORK, AND PROVIDING FOR THE PUBLIC SALE THEREOF
I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called "City "),
in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT, that pursuant to the powers and duties
delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945,
and pursuant to Resolution No. 160, duly adopted on the 1st day of November, 1994, which resolutions are in full force and effect
and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the
following additional determinations in connection with the sale of the General Obligation Refunding Bonds -2012C (herein called the
"Bonds ") of the City, which hereby supplement the determinations set forth in my Certificate of Determination dated April 2, 2012
(the "Certificate of Determination "):
1. It has been determined that the City shall make an equity contribution in
the amount of $1,299,598.00 (the "Equity Contribution ") to accomplish the refunding of the Refunded Bonds, as the term is defined
in the Certificate of Determination. Said Equity Contribution consisting of unspent bond proceeds from the Refunded Bonds.
2. As a result of the foregoing, the par amount of Bonds to be issued has been
changed from $15,265,000 to $13,965,000. The Supplemental Notice of Bond Sale dated the date hereof and attached hereto as
Appendix A shall be circulated to prospective bidders in conformity with the applicable ,provisions of paragraph 12 of the Certificate
of Determination. The Bonds shall mature as shown in the Supplemental Notice of Sale. Except as otherwise provided herein, all
other terms and conditions of the Bonds and the sale thereof, as set forth in
the Certificate of Determination and in the prior Notice of Sale dated April 2, 2012 (the "Original Notice of Sale ") shall remain the
same. In addition, all other terms and conditions set forth in the Original Notice of Sale of the City, are deemed to be a part of the
Supplemental Notice of Sale.
I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to
issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or
revoked.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 12th day of
CLERK'S CERTIFICATE
I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of
Erie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Supplemental Certificate of Determination
executed by the Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City
Clerk on or before April 30, 2012; and
I FURTHER CERTIFY that no resolution electing to reassume any of the powers
or duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th
day of October, 1945, and Resolution No. 160, duly adopted on the 1st day of November, 1994, referred to in said Certificate, has
been adopted by
said Common Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said City this -- day of April, 2012.
Gerald A. Chwalinski
0x61:11KJAIN 1011119111:11 C
NO. 16
NEW YORK STATE AND CITY
COMPTROLLERS'
DETERMINATIONS AND JOINT
CERTIFICATION OF THE SALE OF
SECURITIES BY THE CITY OF
BUFFALO
In order to terminate the "control period" of the Buffalo Fiscal Stability Authority and to commence the "advisory period." Public
Authorities Law § 3851 (1) requires that the City
Comptroller and the New York State Comptroller jointly certify that securities were sold by the
City during the immediately preceding City fiscal year (2010 -2011) in the general public market and that there is a substantial
likelihood that such securities can be sold by the City in the general public market from such date through the end of the next
succeeding city fiscal year (2012 -2013) in amounts that will satisfy substantially all of the capital and cash flow requirements of the
City during that period in accordance with the financial plan then in existence. The joint certification made by the City Comptroller
and the State Comptroller shall be based on their separate written determinations.
Attached please find the joint certification signed by State Comptroller Thomas DiNapoli and myself, as well as each of our separate
written determinations.
These items are being filed for informational purposes only, but given their significance to the City of Buffalo, it is important that they
be made a part of the public record.
If you have any further questions on this matter, please feel free to contact the Department of Audit and Control.
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 17
MAY 1, 2012
COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE
NOTE: DATES AND TIMES BELOW SUBJECT TO CHANGE
COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE
NOTE: Dates and Times below subject to change
TUESDAY May 1, 2012
TIME DESCRIPTION CHAIRPERSON LOCATION
2:00 pm Common Council Meeting (accept Budget) Mr. Fontana Chambers
WEDNESDAY MAY 2, 2012
10:00 am Mayor and Executive Department Mr. Pridgen Chambers
Office of the Mayor
Office of Strategic Planning
Zoning and Land Use
Environmental Affairs
Real Estate and In -Rem Properties
Intergovernmental Relations
Citizens Services
11:00 am Dept of Audit Control
Office of the Comptroller
Audit
Mr. LoCurto Chambers
Accounting
Cash and Debt Management and Capital Debt Service Fund
11:45 am Common Council Mr. Fontana Chambers
Offices of Council Members and Legislative Staff
City Clerk
Records Retention
2:00 pm Dept of Human Resources Ms. Russell Chambers
Employee Relations
Civil Service
Compensation and Benefits Management
Employment and Training
3:00 pm Dept of Law Mr. Rivera Chambers
Administrative Adjudication
THURSDAY May 3, 2012
10:00 am Public Works, Parks, Streets, & Water Mr. Golombek Chambers
General Office
Engineering, Design and Planning of Streets,
Buildings, Planning and Design
Telecommunications
Streets, Lighting of Streets, Traffic Engineering,
Snow Removal, Labor Pool and Bridges
Animal Shelter and Control
Parks and Recreation
Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling
Enterprise Fund - Water
11:00 am Economic Development, Permits & Inspections Mr. Smith Chambers
Housing and Enforcement
Licenses and Permits
1:30 pm Dept of Fire
2:30 pm Dept of Assessment and Taxation
10:00 am Management Information Systems
Mr. Pridgen Chambers
Mr. Franczyk Chambers
FRIDAY May 4, 2012
Mr. Franczyk Chambers
11:00 am Community Services & Recreation Mr. Smith Chambers
Administration
YDA DACC Substance Abuse Services
Programs and Recreation for the Elderly and the Youth
Commission of Citizen Rights and Community Relations
Workforce Employment and Training
1:30 pm Dept of Police
Mr. Pridgen Chambers
2:30 pm Administration, Finance, Policy & Urban Affairs Mr. Rivera Chambers
Budget and Management Services
Urban Affairs
Treasury and Collections
Purchasing, Inventory & Stores, and Print Shop
General City Expenses
Enterprise Fund Parking
Parking Mr. Rivera Chambers
Towing and Storage, Parking Meters and
Enforcement and Parking Violations Bureau
MONDAY Mav 7.2012
5:00 pm Public Hearing on the Budget Mr. Fontana
SATURDAY May 12, 2012
12:00 pm Buffalo Board of Education Mr. Smith Chambers
Chambers
NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Hearing.
Departments are encouraged to advise the Common Council Legislative Staff office at 716 - 851 -5105 of a department
point of contact who will be notified of last minute scheduling changes.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 18
SCHEDULE OF BUDGET WORKSHOPS
Enclosed please find the Schedule of City of Buffalo Common Council Committee Meetings which are held in Common Council
Chambers on the thirteenth floor of City Hall and the Budget Workshops which are held in the Common Council Meeting Room
(Room 1417 City Hall) during the period of May 7 through May 11 2012. The schedule can also be found at the City of Buffalo
home page at http: / /www.city- buffalo.com.
The Council's Budget Workshops are the second phase of the Common Council's budget review process and every effort will be
made to adhere to the schedule provided. We request the assistance of all attending by:
Notifying the Legislative Staff Office at 716- 851 -5105 of a Department point -of- contact who can be notified of last- minute
scheduling changes; Arriving promptly at the scheduled meeting time;
Adhering to the rules of order as prescribed by the Council Chairperson: Ensuring that Department representatives are
knowledgeable of budgetary matters and prepared to address questions raised by those in attendance: Assembling the documents
and information listed by enclosure;
Departments filing the information required by enclosure with the Common Council Staff Office (Attn: Budget Committee) no less
than twenty -four (24) hours PRIOR to the Department's budget hearing meeting time to comply with the Council Transparency
initiatives.
If you have any questions regarding the above, please call 851 -5105 Attn: Budget Committee Staff.
MONDAY May 7, 2012
9:00 am
Dept of Mayor and Executive Mr. Smith
Office of the Mayor
Office of Strategic Planning
Zoning and Land Use
Environmental Affairs
Real Estate and In -Rem Properties
Intergovernmental Relations Citizens Services
10:30 am
Dept of Audit Control Mr. Smith
Office of the Comptroller
Audit
Accounting
Cash and Debt Management and Capital Debt Service Fund
1:30 pm
Dept of Assessment and Taxation Mr. Smith
2:30 pm
Dept of Law Mr. Smith
Administrative Adjudication
3:30 pm
Common Council and City Clerk
Mr. Smith
TUESDAY May 8, 2012
3:00 pm
Management Information Systems
Mr. Smith
WEDNESDAY May 9, 2012
9:00 am
Public Works, Parks, Streets and Water
Mr. Smith
General Office
Engineering, Design and Planning of Streets,
Buildings, Planning and Design
Telecommunications
Recreation
Streets, Lighting of Streets, Traffic Engineering, Streets Cleaning
and Snow Removal, Labor Pool and Bridges
Animal Shelter and Control
Sanitation and Enterprise Fund - Solid Waste,
Refuse & Recycling
Enterprise Fund — Water
10:30 am
Community Services & Recreation Programming
Mr. Smith
Administration
YDA DACC Substance Abuse Services
Programs and Recreation for the Elderly and the Youth
Commission of Citizen Rights and Community Relations
Workforce Employment and Training
1:30 pm
Economic Dev., Permits & Inspections
Mr. Smith
Housing and Enforcement
Licenses and Permits
3:00 pm Dept of Human Resources Mr. Smith
Employee Relations
Civil Service
Compensation and Benefits Management
Employment and Training
THURSDAY May 10, 2012
9:00 am Dept of Police Mr. Smith
10:30 am Dept of Fire Mr. Smith
1:30 pm Admin, Finance, Policy & Urban Affairs Mr. Smith
Budget and Management Services
Urban Affairs
Treasury and Collections
Purchasing, Inventory & Stores, and Print Shop
General City Expenses
Enterprise Fund Parking
Parking Mr. Smith
Towing and Storage, Parking Meters and
Enforcement and Parking Violations Bureau
FRIDAY May 11, 2012
10:30 am All City of Buffalo Union Representatives Mr. Smith
Police Benevolent Association (Police)
Local 650 (City -wide White Collar Unit)
Local 282 (Fire)
Local 264 and 264T (City -wide Blue Collar Unit)
Local 2651 (Building Inspectors)
Local 17 (Operating Engineers)
Crossing Guards
NOTE: Buffalo Board of Education Budget Workshop - Date and Time - Will be announced at a later date
NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Workshop. Departments
are encouraaed to advise the Common Council Leaislative Staff office at 716- 861 -5105 of a department point of contact who will be
notified of last minute scheduling changes,
REFERRED TO THE COMMITTEE OF THE WHOLE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 19
APPROVAL TO ENTER AGREEMENT WITH KEEP WESTERN NEW YORK BEAUTIFUL AND BUFFALO
OLMSTED PARKS CONSERVANCY FOR SERVICES AND SUPPLIES PROVIDED
FOR 2007 -08 NYS DEC URBAN AND COMMUNITY FORESTRY GRANT #303922
PRIOR COUNCIL REFERENCE: No. 103 June 2, 2008
Permission is hereby requested from Your Honorable Body to authorize this department to enter into the following reimbursement
agreements for services and supplies provided as match to plant trees in various City of Buffalo parks as part of the 2007 -2008
NYS DEC Urban and Community Forestry Grant #C303922:
Contractor Name Amount
Keep Western New York Beautiful $37,500.00
144 Heritage Road
Tonawanda, New York 14150
Buffalo Olmsted Parks Conservancy $37,500.00
84 Parkside Avenue
Buffalo, New York 14214
Funds are available in a Trust and Agency account created for the 2007 -2008 Urban and Community Forestry Grant, Project ID 10467.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 25, 2012, be received and
filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into
reimbursement agreements for services and supplies provided as match to plant trees in various City of Buffalo Parks as part of
the 2007 -2008 NYS DEC Urban ad Community Forestry Grant #C303922 in the Total amount of $75,000.00 with Keep Western
New York Beautiful ($37,500.00) and the Buffalo Olmsted Parks Conservancy $37,500.00), to be funded through a Trust and
Agency account created for the 2007 -2008 Urban and Community Forestry Grant, Project ID 10467.
PASSED
AYES 8 NOES 0
NO. 20
CHANGE IN CONTRACT CAZENOVIA CASINO HVAC IMPROVEMENTS
JOB #1066 SOUTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Cazenovia Casino, HVAC Improvements, D. V. Brown &
Associates, C #93000835.
1. Increase the size of the air conditioner unit by x 2.7. Add $ 1,119.00
2. Due to unforeseen structural steel hidden behind wall, Add $ 1,765.00
remove & reconstruct ceiling and reroute piping to fan
coil.
3. Furnish and install insulation on both refrigeration Add $ 460.00
liquid lines due to dual use of equipment.
4. Furnish and install additional electrical feeder to the Add $ 2,319.00
exterior air conditioning unit.
5. Relocate unit heater for maintenance access. Add $ 1,007.00
The foregoing change results in a net increase in the contract of Six Thousand Six Hundred Seventy and 00/100 Dollars
($6,670.00).
Summary: Original Contract Amount $103,000.00
Amount of This Change Order ( #1) Add $ 6,670.00
Revised Contract Amount $109.670.00
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 33320406 445100 - Division of Buildings.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 20, 2012, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the
amount of $6,670.00 (Original Contract Amount - $103,000.00 + Amount of Change Order - $6,670.00 for a total revised contract
amount of $109,670.00) for the Cazenovia Casino HVAC Improvements to D. V. Brown & Associates, C #93000835. Funds for the
project will be available in Account 33320406 445100 - Division of Buildings.
PASSED
AYES 8 NOES 0
NO. 21
CHANGE IN CONTRACT CITY COURT ELEVATOR UPGRADE
JOB #0937 ELLICOTT DISTRICT
I hereby submit to Your Honorable Body the following changes for City Court, Elevator Upgrade, Bison Elevator, C #93000750.
1. Fill all holes in hoist shaftway and machine room; make car Add $ 11,890.00
light 110 disconnect lockable, per elevator inspection.
The foregoing change results in a net increase in the contract of Eleven Thousand Eight Hundred Ninety and 00/100 Dollars
($11,890.00).
Summary: Original Contract Amount $194,421.70
Amount of This Change Order ( #1) Add $ 11,890.00
Revised Contract Amount $206,311.70
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 39162906 445100 - Buildings.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 20, 2012, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the
amount of $11,890.00 (Original Contract Amount - $194,421.70 + Amount of Change Order - $11,890.00 for a total revised contract
amount of $206,311.70) for City Court Elevator Upgrade to Bison Elevator, C #93000750. Funds for the project will be available in
Account 39162906 445100 - Buildings.
PASSED
AYES 8 NOES 0
NO. 22
PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT
FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF SOUTH PARK LOOP BRIDGE AT
SOUTH PARK LAKE SOUTH DISTRICT CITY OF BUFFALO, COUNTY OF ERIE
The Federal Highway Administration (FHWA) has designated funding for the design, construction and construction inspection of
the South Park Loop Bridge at South Park Lake. This project is listed on the New York State Regional Transportation Improvement
Program (TIP) under PIN # 5758.24.
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. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 19, 2012, be received and
filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire an
Engineering Consultant for the design and inspection of the South Park Loop Bridge at South Park Lake in the South District, and
to enter into an agreement with the FHWA and NYSDOT. The agreement would enable the Department of Public Works, Parks
and Street to administer the project and will cover all necessary work needed to complete the design, inspection and construction of
the project. The funds for these services are available in the Capital Account.
PASSED
AYES -8 NOES -0
NO. 23
REPORT OF EMERGENCY BID J.B. WILEY SPORTS PAVILION EMERGENCY CONCRETE REBUILD
JOB #1243 ELLICOTT DISTRICT
I received the following emergency bids for the J. B. Wiley Sports Pavilion, rebuild of the exterior concrete column cap and concrete
pier on the southeast area of the facility. Work was planned in a future project, but due to the emergency condition, we must
proceed with this work immediately. Concrete is falling from the upper concrete column cap and concrete pier onto the sidewalk,
putting pedestrians in danger.
Morris Masonry Restoration $22,180.00
441 Bailey, Buffalo NY
Highland Masonry $29,900.00
33 Ransier, West Seneca, NY
Thomas Johnson, Inc. No Bid
3566 Buffalo, Orchard Park, NY
The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Morris
Masonry Restoration.
Funding for this project is available in 32321606 445100 - Buildings.
Mr. Smith moved
That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated April 24,
2012, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award
and execute a contract in the Total amount of $22,180.00 to Morris Masonry Restoration for the emergency restoration of the
exterior concrete column cap and concrete pier on the southeast area of the facility. Concrete is falling from the upper concrete
column and concrete pier onto the sidewalk, putting pedestrians in danger. Funding for this project is available in Account
#32321606 445100 - Buildings.
PASSED
AYES 8 NOES 0
NO. 24
REPORT OF BIDS 2012 CITYWIDE TREE REMOVAL
GROUP #755 VARIOUS DISTRICTS
I advertised for bids on April 2, 2012, and received the following formal sealed bids for the 2012 Citywide Tree Removal contract,
which were publicly opened and read April 13, 2012.
Contractor Bid
Schneck's Tree Removal, Inc. $437,825.00
2861 Southwestern Blvd.
Orchard Park, NY 14127
Tree Services of WNY, LLC $851,882.13
41 William Street
Tonawanda, NY 14150
1 hereby certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc. with a
bid of four hundred thirty -seven thousand eight hundred twenty -five dollars ($437,825.00), is the lowest responsible bidder in
accordance with the plans and specifications.
I hereby respectfully request that Your Honorable Body approve authorize the Commissioner of Public Works, Parks and Streets to
order the work on the basis of the low bid. Funds for this work are available in Account #34400406 - 445100 plus an account to be
named at a later date.
Your consideration toward this request is greatly appreciated.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 25, 2012, be received and
filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award
and execute a contract in the Total amount of $437,825.00 to Schneck's Tree Removal, Inc:, to be funded through Account
#34400406 - 445100, plus an account to be named at a later date, and future bond to be identified at a later date.
PASSED
AYES 8 NOES 0
NO. 25
REPORT OF BIDS COCA COLA FIELD INSTALLATION OF HURRICANE BARS
JOB #1241 ELLICOTT DISTRICT
I issued bid requests on April 13, 2012 and received the following informal bids for Coca Cola Field, Installation of Hurricane Bars,
which were publicly opened and read on April 24, 2012
Grove Roofing Services $ 9,170.00
131 Reading, Buffalo, NY
Jos A Sanders & Sons $15,449.00
P 0 Box 814, Buffalo, NY
Jameson Roofing No Bid
3761 East Lake, Dunkirk, NY
Progressive Roofing No Bid
331 Grote, Buffalo, NY 14207
Weaver Metal & Roofing No Bid
40 Appenheimer, Buffalo, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, with a bid of
Nine Thousand One Hundred Seventy and 001100 Dollars ($9,170.00), is the lowest responsible bidder in accordance with the
plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the
lowest responsible bid. Funding for this project is available in 34323606 445100 - Buildings
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 24, 2012, be received and
filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award
and execute a contract in the Total amount of $9,170.00 to Grove Roofing Services, for the installation of hurricane bars at Coca
Cola Field, to be funded through Account #34323606 445100 - Buildings.
PASSED
AYES 8 NOES 0
NO. 26
REQUEST PERMISSION TO ACCEPT FUNDS AND EXECUTE CONTRACT WITH
DASNY FOR EDAP GRANT #5017 PURCHASE OF PARKS EQUIPMENT CITYWIDE
Permission is hereby requested from Your Honorable Body to accept funds and execute a contract with the Dormitory Authority of
the State of New York for the following grant:
Grant Name Amount Location
DASNY EDAP ID #5017 $200,000.00 Throughout City of Buffalo
Purchase of Park Equipment Parks System
Your consideration toward this request is greatly appreciated.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 25,
2012, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept
funds and execute a contract with the Dormitory Authority of the State of New York in the amount of Two Hundred Thousand
Dollars ($200,000.00) for the purchase of parks equipment city -wide.
PASSED
AYES 8 NOES 0
NO. 27
REQUEST PERMISSION TO ACCEPT FUNDS FROM ERIE COUNTY GREENWAY COMMITTEE
AND ENTER INTO AGREEMENTS WITH THE UNITED STATES OF AMERICA ARMY CORPS
OF ENGINEERS FOR THE REHABILITATION OF THE BIRD ISLAND PIER
Permission is hereby requested from Your Honorable Body to accept $750,000.00 from the Buffalo and Erie County Greenway
Standing Committee for the Bird Island Pier. The proposed Bird Island Pier project with make critical repairs to reopen segments of
the recreational walkway which are now closed.
It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements
with the United State of America Army Corps of Engineers for this project. 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.
Your consideration toward this request is greatly appreciated.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 25,
2012, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept
funds from the Buffalo and Erie County Greenway Standing Committee in the amount of Seven Hundred Fifty Thousand Dollars
($750,000.00) for the rehabilitation of the Bird Island Pier.
That the Commissioner of Public Works, Parks and Streets is hereby authorized to enter into an agreement with the United States
of America Army Corps of Engineers for this project. The agreement would enable the Department to administer this project and
will cover all necessary work needed to complete the design, inspection and construction of this project.
PASSED
AYES 8 NOES 0
NO. 28
REQUEST TO PURCHASE VEHICLES
Purchase (1) Dodge Ram 4500 Small Dump $51,759.00
truck from City Contract Parks
TOTAL $51,759.00
West Herr NY
5025 Camp Rd
To be taken out of 34400306 - 445100
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated April i3,
2012, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase
one (1) Dodge Ram 4500 Small dump truck from City Contract Parks in the amount of $51,759.00. Funds are available from
Account 34400306 - 445100.
PASSED
AYES 8 NOES 0
NO. 29
REPORT OF BIDS CLINTON STREET AT PUBLIC SCHOOL #32 (CEDAR STREET) PROJECT
ELLICOTT DISTRICT
This is to advise Your Honorable Body that I have advertised and received bids on April 4, 2012
The lowest three bids received were:
Contractor Base Bid Total Bid Price
South Buffalo Electric, Inc. $101,780.64 $106,869.68
1250 Broadway Street
Buffalo, New York 14212
Destro Brothers $119,788.50 $125,777.93
411 Ludington
Buffalo, New York 14206
NOVA Site Company, LLC $133,995.00 $140,694.75
6 Lena Court
W. Seneca, New York 14224
1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc. and I respectfully recommend
that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of $106,869.68. (Base Bid of
$101,780.64 + [5% unit price increases] $5,089.04 equals [Total Award] $106,869.68). The engineer's estimate for this work is
$111,909.20.
Funds for this project are available in our Capital Account #32311606- 445100; and account(s) to be named at a later date.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 17, 2012, be received and
filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into
a contract in the Total amount of $106,869.68 to South Buffalo Electric, Inc., to be funded through Account #32311606- 445100,
plus an account(s) to be named at a later date, and future bond to be identified at a later date.
PASSED
AYES 8 NOES 0
NO. 30
APPOINT LABORER II (PERM)(MAX)(BROWN)
Certificate of Appointment
Appointment effective 4/16/2012 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer
II Permanent Non - Competitive Maximum Starting Salary of $34,139.
Bonita Brown, 100 Lockwood, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 31
REQUEST TRANSFER OF CITY OWNED PROPERTY
The Buffalo Police Department is requesting approval from your Honorable Body to transfer Departmental property, namely K -9 dog
"Konan" to his handler Police Officer David Acosta. Due to the K -9's age and health, and the fact that Officer Acosta is transferring
out of K9 unit, it has been determined that the dog is no longer able to fulfill the requirements of a Buffalo Police K -9 Corp dog.
The K -9 is presently assigned to Officer Acosta, is presently in his custody, and has been assigned to him since 2006. Per the
attached document, Officer Acosta will maintain full responsibility for Konan.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, be received and
filed; and
That the Common Council hereby authorize the Commissioner of the Buffalo Police Department to transfer Departmental property,
the K -9 dog named "Konan" to his handler, Police Officer David Acosta due to the K -9's age and health, and the due to the fact that
Officer Acosta is transferring out of the K -9 unit. The K -9 is presently assigned to Officer Acosta, is presently in his custody and
has been assigned to him since 2006. Officer Acosta will maintain full responsibility for Konan.
PASSED
AYES 8 NOES 0
NO. 32
JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL - YEAR 7
ENTER PRIOR COUNCIL REFERENCE: Item #43, C.C.P. #13 06/28/11
As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which
combined the Byrne Formula Grants and Local Law Enforcement Block Grant Programs. JAG serves as the single funding
mechanism for the administration of these grants and over the last seven [7) years, the City has been a partner with the County of
Erie, City of Lackawanna, Towns of Amherst, Cheektowaga, Tonawanda, and West Seneca and has served as the grant applicant
and fiscal agent so that the City could retain at least the majority share of funding.
This year, for round eight funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the
County of Erie and the Town of Cheektowaga, and therefore, we must submit a JOINT application for the aggregate of funds
allocated to this area. Unfortunately for all, the award for this year, 2012 JAG Year 8 has been cut by 17.72% when compared to
last year, (from $426,851 to $351,198) which is not as bad as 2008, which was cut over 67 %. The City /County of Erie /Town of
Cheektowaga must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal
funds for the juvenile prosecutor.
This year's application must be submitted by May 14, 2012. In order to file the grant application, which requires notification of the
Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the "feds"
under this application process.
At this time, we are notifying you that the City of Buffalo, with your permission, will be accepting the funds totaling $351,198 and
distributing them (which will be outlined, in Memorandums of Understanding) to each participating entity as follows:
City of Buffalo: $323,870
County of Erie: $10,810
Town of Cheektowaga: $16,518
Unlike in previous years, under REGULAR jag, Lackawanna and West Seneca received ZERO, but did receive received direct
funds this year Buffalo.
Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be
continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local
Law Enforcement Block Grant such as: Office Of Citizen Services: $120,000(which funds Save our Streets Program, Clean Street
Sweeps, Citizen Participation Academy, and enhancement of City's 311 "one stop shopping center for access to all City services ");
the Department of Community Services will receive a total of $ 71,000 and will direct some of these funds to continue with Drug
Court activities, as well as two (2) youth intervention /prevention programs: Code of Conduct and Anti - Crime.
As stated above, the Buffalo Police funding will include the $34,000 to continue partial funding for the Juvenile Prosecutor in the
District Attorney's Office and $98,870, which will be dedicated to overtime (gang suppression, large summer events, bike patrols,
curfew, quality of life selected enforcement activities, also, homeland security protection since we lost homeland security overtime
funding, and other directed enforcement activities).
The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this
application. In addition, we were just recently notified about the submission for this renewal. We had to negotiate and come to
terms with other partners as part of this complex grant process before we could present this information to your Honorable Body.
Again, we must have your approval as we prepare for the acceptance and spending of these funds; in addition, we must have your
approval prior to notifying the Control Board.
If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475.
Mr. Smith moved:
That the above communication from the Commissioner of Police, dated April 24, 2012, be received and filed; and
That the Commissioner of Police, be, and hereby is authorized on behalf of the City to renew a grant, totaling $351,198.00 from the
Justice Assistance Grant (JAG) Program which will be distributed as follows: City of Buffalo - $323,870.00; County of Erie -
$10,810.00; Town of Cheektowaga - $16,518.00.
PASSED
AYES 8 NOES 0
NO. 33
APPOINT POLICE CAPTAINS(PERM)(STABLER, SCOTT)
Appointment effective 04/16/2012 in the Department of Police to the position of Police Captain, Permanent Promotion at the Flat
Salary of $83,160.00
David S. Stabler, 277 Pavement Road, Lancaster 14086
Marcia Scott, 35 Woodley Road, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 34
APPOINT POLICE CAPTAIN (CONT PERM)(ROBERTS)
Certificate of Appointment
Appointment effective 4/16/2012 in the Department of Police to the Position of Police Captain Contingent Permanent Promotion
Flat Starting Salary of $83,160.
Patrick A. Roberts, 140 Idlewood Drive, Orchard Park 14127
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 35
APPOINT POLICE DETECTIVES (PERM)(STROBELE,SERAFINI, GLENDINNING,
ADAMS, KRUG, PAUL, PERRIN)
Certificate of Appointment
Appointment effective 4/16/2012 in the Department of Police to the Position of Police Detective Permanent Promotion Flat Starting
Salary of $66,230.
Michael J. Strobele, 1796 William Street, Buffalo 14206
Margaret M. Serafini, 66 Carmelite Drive, West Seneca 14224
Joseph W. Glendinning, 295 Wayside Drive, Depew 14043
Shawn D. Adams, 500 Richmond Avenue, Buffalo 14222
Raymond M. Krug, 106 Whitehall, Buffalo 14220
Kevin R. Paul, 4568 Mt. Vernon Blvd, Hamburg 14075
Earl E. Perrin, 20 John Paul Court, Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 36
APPOINT POLICE LIEUTENANTS(PERM)(SHERIDAN, PHILLIPS, JONES, YOUNG, WHELAN,
RINALDO, MCHUGH, WATKINS M., ALBERTI, DELONG, WATKINS I., CLEPLY)
Certificate of Appointment
Appointment effective 4/16/2012 in the Department of Police to the Position of Police Lieutenant Permanent Promotion Flat Starting
Salary of $73,312.
Robert P. Sheridan, 119 Joanie Lane, Amherst 14228
Sean P. Phillips, 6155 Newberry Court, Clarence Center 14032
Melinda Jones (Zak), 101 Potters Road, Buffalo 14220
Aaron V. Young, 125 Thatcher Avenue, Buffalo 14215
Thomas R. Whelan, 254 Canada Street, Holland, 14080
Jeffrey Rinaldo, 6730 Ciara Court, Wheatfield 14120
Anthony J. McHugh, 41 Werkley Road, Tonawanda 14150
Michael W. Watkins, 398 Cayuga Creek Road, Cheektowaga 14227
Michael J. Alberti, 851 Girdle Road, East Aurora 14052
Michael A. Delong, 3775 Mill road, Hamburg 14072
Ivan A. Watkins, 101 Millicent Avenue, Buffalo 14215
David M. Cieply, 365 Park Club Lane, Amherst 14221
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 37
APPOINT POLICE LIEUTENANTS(CONT PERM)(MORAN, LARK,KELLY,MCLEAN, LABEDZ,DOWELL)
Certificate of Appointment
Appointment effective 4/16/2012 in the Department of Police to the Position of Police Lieutenant Contingent Permanent Promotion
Flat Starting Salary of $73,312.
Thomas J. Moran, 172 McKinley Parkway, Buffalo 14220
Rickey V. Lark, 3761 Trails End Lane, Tonawanda 14120
Louis A. Kelly, 68 Allenhurst Road, Buffalo 14214
George P. McLean, 6547 Emily Lane, Lockport, 14094
Darren P. Labedz, 4701 Pineview Drive, Hamburg 14075
Shawn M. Dowell, 101 Yorktown Road, Amherst 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 38
FOOD STORE (NEW)
1622 GENESEE (FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 1522 Genesee (Genesee Grocery & Deli Inc. /Fawaz K. Kaid and Mustaq M. Kaid) and find that as to
form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought
and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and
Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or
whatever action you deem appropriate.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Permits and Inspections Services, dated April 12,
2012, be received and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to
issue a Food Store License to Fawaz K. Kaid and Mustaq M. Kaid d!b /a Genesee Grocery & Dell, Inc. located at 1522 Genesee.
PASSED
AYES -8 NOES -0
NO. 39
FOOD STORE (NEW)
1580 GENESEE (FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 1580 Genesee (Super Price Chopper Inc. /Fawaz K. Kaid and Mustaq M. Kaid) and find that as to
form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought
and accordin8 to the attached reports from the Zoning Office. Fire Department, Building Inspections, Police Department and
Collection Office I find it complies with all regulations and other applicable laws This request is submitted for your approval or
whatever action you deem appropriate.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Permits and Inspections Services, dated April 12,
2012, be received and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to
issue a Food Store License to Fawaz K. Kaid and Mustaq M. Kaid d /b /a Super Price Chopper Inc. located at 1580 Genesee.
PASSED
AYES -8 NOES -0
NO. 40
FOOD STORE (NEW)
941 NIAGARA (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 941 Niagara (Chez La Career Rock Center Markct /Tomas Pedro - Maseka) and find that as to form is
correct. I have caused an investigation into the premises for which said application for a food store license is being sought and
according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection
Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Permits and Inspections Services, dated April 12,
2012, be received and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to
issue a Food Store License to Tomas Pedro - Maseka d /b /a Chez La Career Rock Center Market located at 941 Niagara.
PASSED
AYES -8 NOES -0
NO. 41
FOOD STORE (NEW)
778 TONAWANDA(NORTH)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 778 Tonawanda (Mega Market Inc. /Ahmed Ali) and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the attached
reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies
with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 42
"ILLEGALLY PLACED ADVERTISING SIGNS"
ITEM NO. 89 CCP 04/03/2012
This correspondence is in response to the Common Council's request for comments and /or recommendations concerning Item #
89; C.C.P. April 3, 2012 regarding "Illegally Placed Advertising Signs" placed on public property.
The Department Permits & Inspection Services has the following comments /recommendations with regards to the aforementioned
communication filed by the Common Council:
Signs placed solely on public property with or without permission do not fall under the jurisdiction of the Department of Permit &
Inspection Services; all public property /right of way jurisdictions are within the Department of Public Works, Parks & Streets.
Businesses located on private property with signage attached thereto that "encroaches" city right of way are permitted and licensed
through the Department of Permit & Inspection Services. Said permits and /or licenses are issued only after Common Council and
Department of Public Works, Parks & Streets approval.
All other signage located solely on public property /right of way per Chapter 387 -25 of the City of Buffalo Charter would require
approval and /or consent via a "permit, lease, contract, specific authorizing resolution" from the Department of Public Works, Parks
& Streets and /or the Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSONER OF PUBLIC WORKS, PARKS &
STREETS
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
NO.43
SALE OF USED TIRE
The Division of Purchase continually solicits various methods of creating cost savings along with generating revenue for the City of
Buffalo We are requesting permission from your Honorable Body to se]I used tires from the Division of Inventory & Stores. that for
safety reasons can no longer be used on emergency vehicles due to tread wear.
Bid proposal #276 was sent out to 15 used tire stores and taxi companies. An offer was received from Fox Tire Co Inc. located at
1035Wgliam Street, Buffalo, New York . A sample of the price they would pay for our tires is 235/55R17@ $3.50 per tire.
215/60/R16 @ $5.00 per tire. Currently the City of Buffalo does not receive any money for our used tires but disposes of them at
the East Side recycling site at a cost of $40 /ton This contract for me sale of our tires would be from the date of your approval
through June 30.2013. with three (3) one year options, if agreeable by Dora parties
Mr. Smith moved:
That the above item be, and the above communication from the Director of Purchase, dated April 3, 2012, be received and filed;
and
That the Common Council hereby authorizes the Director of Purchase to enter into a contract with Fox Tire, Co., Inc., located at
1035 Williams Street, Buffalo, New York for the sale of used fires from the Division of Inventory & Stores that for safety reason can
no longer be used on emergency vehicles due to tread wear. The contract for the sale of used tires would be from the date of
approval through June 30, 2013, with three (3) one -year options.
PASSED
AYES -8 NOES -0
FROM THE CIVIL SERVICE COMMISSION
NO. 44
REQUEST TO ENTER INTO CONTRACT
[: EB JACOBS, LLC
ASSESSMENT CENTER TESTING FACILITY
FIRE LIEUTENANT, FIRE CAPTAIN, BATTALION CHIEF, AND DIVISION CHIEF
ITEM NO. 70, CCP 10/4/2011
The Department of Human Resources /Civil Service Administration is in the process of administering examinations for the titles of
Fire Lieutenant, Fire Captain, Battalion Chief, and Division Fire Chief. These exams consist of a written component and
assessment center.
The vendor for the development and administration of the examinations for said titles, selected through the RFP process, is EB
Jacobs, LLC of State College, Pennsylvania.
The contract with EB Jacobs omitted a provision to secure testing facilities for the assessment center portions of the exams. EB
Jacobs entered into contract with the Hyatt Regency Buffalo as the site for assessment center testing.
The Department of Human Resources /Civil Service Administration respectfully requests authorization from the Common Council to
enter into contract with EB Jacobs, LLC to secure assessment center testing facilities at the Hyatt Regency Buffalo for said
examination titles.
PATRICIA P. FOLTS
DEPARTMENT OF HUMAN RESOURCES
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Human Resources, dated April 20, 2012, be
received and filed; and
That the Department of Human Resources /Civil Service Administration is hereby authorized to amend a contract amendment with
EB Jacobs, LLC for the administration of the examinations for the titles of Fire Lieutenant, Fire Captain, Battalion Chief, and
Division Fire Chief, and to provide for testing center space at a cost not to exceed $6,450.00.
PASSED
AYES -8 NOES -0
Daniel Ash 5 11/03/2011 11/30/2012
161 Southampton St 14208
Mass Ave Proj 5 04/21/2010 04/30/2013
387 Massachusetts Ave 14213
Monique Watts 5 09/01/2009 08/31/2012
362 Rhode Island St 14213
Tevito Torres 1 10/03/2011 10/30/2012
41 Tuxedo 14207
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 46
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control
FROM THE CITY CLERK
NO.46
Address
LIST OF APPROVED CHICKEN LICENSES
As per the Chicken License Ordinance, enclosed please find the list of approved licenses with the required information for each
applicant.
Conlon's
Should you have questions and /or concerns pertaining to this matter, do not hesitate to contract me at 851 -5598.
Respectfully,
Cantina
Gerald A. Chwalinski
150 Military Rd
City Clerk
M. Hatten
Name/
Hen Issue Expiration
License Address
Count DateDate
Aaron Swanson
5 10/04/2011 10/31/2012
190 Hoyt St 14213
Daniel Ash 5 11/03/2011 11/30/2012
161 Southampton St 14208
Mass Ave Proj 5 04/21/2010 04/30/2013
387 Massachusetts Ave 14213
Monique Watts 5 09/01/2009 08/31/2012
362 Rhode Island St 14213
Tevito Torres 1 10/03/2011 10/30/2012
41 Tuxedo 14207
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 46
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
382 Abbott Rd
Conlon's
Daniel J. Conlon
191 Allen
Cantina
M. Anorzejewski
150 Military Rd
Military Tavern
M. Hatten
391 Washington
Tap Room & Lafayette
Earl Ketry
0x61:11KJAIN 10111191NOC
NO. 47
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- Kelly Gattuso
RECEIVED AND FILED.
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 48
SEQR LEAD AGENCY DESIGNATION
PARK IMPROVEMENTS AT USCG PROPERTY
1 FUHRMANN BOULEVARD
CITY OF BUFFALO, ERIE COUNTY
Dear Ms. Chrostowski:
This is in response to your March 22, 2012 notice which requested State Environmental Quality Review Act (SEAR) Lead Agency
status for the review of the leasing of U.S. Coast Guard property and related park improvements. We have reviewed the notice and
enclosed information and provide the following comment:
Please be advised that the Buffalo River is considered a navigable waterway. Consequently, any "future disturbance to the
immediate river bank and / or excavation or fill activities in the water will require a Protection of Waters Permit pursuant to Article
15, Title 5 of the New York State Environmental Conservation Law
We concur that the Erie County Department of Environment and Planning should act as SEQR Lead Agency. If you have any
questions, please feel free to contact Mr. Bruno DiBella at 716/851 -7165.
RECEIVED AND FILED
NO. 49
M. GALLIVANT - SUPPORT WAGE INCREASE FOR ASSISTANT EXEC DIR OF BMHA
To : Council Member Bonnie Russell, Chair /Civil
Council Member Richard Fontana Council Member Demone Smith Council Member Joseph Golombek Council Member Darius
Pridgen Council Member Michael LoCurto Council Member David Rivera Council Member David Franczyk
I have seen Dawn Sanders field very difficult questions, very knowledgably, during very detailed Control Board meetings,
(most specifically, during the Budget process).
I have seen Dawn, both in the BMHA Board Room and at "Night Out" gatherings, interact with residents who obviously admire and
appreciate her;
(I agree with Tenant Commissioner Diallo that "Miss Sanders is a woman of integrity, who is always willing to work with residents ").
I have seen Dawn and Modesto, maintain their composure and their professionalism, when verbally insulted by that small group of
Marine Drive residents intent upon creating a poor image of my home;
(as reported in the Buffalo News, residents interrupted and jeered the executives as they made their presentations and tried to
answer questions ").
In my opinion, Dawn and Modesto are worth every cent of any proposed raise - not only for the professionalism they bring to the
work they do, but also for the wonderful role models they present to those they serve.
I also would like to note, other than the infamous "small group ", residents with whom I've spoken do have a problem with BMHA
management of Marine Drive.
RECEIVED AND FILED
NO. 50
J. GOLOMBEK -M. PELLEGRINO FAIX - RICHARDSON OLMSTED COMPLEX PROJECT
Dear Gerald,
I ask that you file the attached email from Monica Pellegrino Faix for discussion at the May 1, 2012 Common Council meeting.
I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851-
5116.
Councilman Golombek,
I am writing to request a meeting to update the Community Development Committee on the redevelopment of the Richardson
Olmsted Complex project, reuse of the former National Historic Landmark Buffalo State Asylum for the Insane. We are available for
the next Committee meeting on Thursday, May 8 th so long as that works for you.
As you know, the Richardson Center Corporation has been workin8 on planning and stabilization since 2006. The first phase of
development will transform a portion of the Complex into a Buffalo Architecture Center, boutique hotel, and conference and event
space. The anticipated completion of this Core Project development is 2014 -2015. With this strong reuse plan and secure funding
we are prepared to move ahead in the near term. Doing so will require the assistance of the City of Buffalo to release the existing
reverter in order to obtain the necessary site control (the reverter was put in place in the 1871 deed to protect the City's interest
when the property was transferred to the State for use as an asylum).
Best,
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 51
N. MILLER -BFSA ANNUAL PUBLIC FORUM
Dear Mr. Chwalinski:
The Buffalo Fiscal Stability Authority will hold its annual Public Forum on the proposed budgets and four -year financial plans of the
City of Buffalo, Buffalo School District, the Buffalo Municipal Housing Authority, the Buffalo Urban Renewal Agency, and the
Buffalo Fiscal Stability Authority, on Monday, May 7, 2012, from 5:00 PM to 6:30 PM, at the Buffalo Market Arcade Complex, 617
Main Street, 1 sc Floor Conference Room, Buffalo, New York, 14203.
Community feedback is important to the BFSA. Please post the attached flyer and distribute it to any individuals and organizations
that you feel would be interested in participating. Also, please find the attached flyer for the Common Council's information for their
meeting scheduled for May 1, 2012.
Speakers' comments will be recorded and summarized in a report to be submitted to the BFSA's Board of Directors prior to the
Board taking action on the proposed budgets and four -year financial plans. The Board of Directors of the BFSA is hopeful that the
citizens of the City, along with organizations and other interested parties will participate in this important opportunity for public
comment.
Thank you in advance for your assistance.
Sincerely,
RECEIVED AND FILED
NO. 52
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
ERIE CANAL HARBOR DEVELOPMENT CORPORATION
A SUBSIDIARY OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION
D /B /A EMPIRE STATE DEVELOPMENT CORPORATION
ECHDC BUFFALO WATERFRONT - BUFFALO OUTER HARBOR PARCEL OH SITE IMPROVEMENTS
225 FUHRMANN BOULEVARD AND 175 FUHRMANN BOULEVARD
Buffalo, Erie County, New York
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality
Review) of the Environmental Conservation Law.
The Erie Canal Harbor Development Corporation ('ECHDC "), a subsidiary of the New York State Urban Development Corporation
d /b /a Empire State Development Corporation ( "ESDC "), as lead agency, has determined that the ECHDC Buffalo Waterfront -
Buffalo Outer Harbor Parcel OH Site Improvements (the "Project" or the "Proposed Action ") described below will not have a
significant adverse effect on the environment. ECHDC has classified the Proposed Action as a Type I Action under
SEQRA.
The proposed action has been classified as Type 1 Action under the implementing regulations for SEQRA. It involves the use of
funds administered by ECHDC for installation of a one foot -thick soil cap and vegetative cover to protect human health and the
environment from organic (PAHs and PCBs) and inorganic (metals) that have been detected in surface and near surface soil (fill)
at the Site. The shoreline consists of some rock, broken concrete with exposed reinforcing bar and other construction debris. This
material will be removed from the shoreline, and portions of the shoreline stabilized to allow for public access to Lake Erie. The
action also includes access roads, parking areas and paved trails for use by the general public. Besides these features, an existing
approximately 900 sq ft metal building will be improved to be used for storage and a small public comfort station.
The contact person for this project is:
Mark Smith, Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation 95 Perry
Street, Suite 500
Buffalo, NY 14202
Phone: (716) 846 -8200
ax: (716) 846 -8262
Copies of the Negative Declaration and the Full Environmental Assessment Form (EAF) have been enclosed for your use and sent
to:
City of Buffalo
Buffalo Dept. of Permits and Inspection Services
Buffalo Dept. Public Works, Parks, & Streets
Buffalo Strategic Planning Group
Buffalo Planning Board
Niagara Frontier Transportation Authority
• New York State Historic Preservation Office
• New York State Department of State
• NYS Dept. of Environmental Conservation - Region 9
• New York Power Authority
• New York State Urban Development Corporation, d /b /a Empire State Development
Corporation
Hon. Charles Schumer, United States Senate
Hon. Kirsten Gillibrand, United States Senate
• Hon. Brian Higgins, United States Congress\
• Hon. Timothy Kennedy, New York State Senate
• Hon. Lynn Dixon, Erie County Legislator
• City of Buffalo
Hon. Byron Brown, Mayor
Buffalo Common Council
City Environmental Management Commission
Erie County Department of Planning & Environment
• Buffalo Niagara Riverkeeper
RECEIVED AND FILED
NO. 53
SEQR - ECHDC BUFFALO WATERFRONT OUTER HARBOR PARCEL
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of
whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also
understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance,
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in
nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part I : Provides objective data and information about a given project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be
considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: [] Part 1 - -Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and
3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead
agency that:
[]A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared.
- -B. Although the project could have a significant effect on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be
prepared.'
D C. The project may result in one or more large important impacts may a significant impact on the and that have
environment, therefore a positive declaration will be prepared.
'A Conditioned Negative Declaration is only valid for Unlisted Actions
Buffalo Waterfront - Buffalo Outer Harbor Parcel OH Site Improvements
Name of Action
Erie Canal Harbor Development Corporation
RECERVED AND FILED
NO. 64
NAMING A STREET AFTER ADAM MICKIEWICZ DECLARING A POLISH HERITAGE DAY ON NOV 11
As one of approximately 25 -30% of Western New Yorkers who claim Polish ancestry, I would like Buffalo Common Council to honor Americans of Polish descent
living in Buffalo, NY, not to mention the historical cultural contribution thereof. Whereas Buffalo still has the historic Polonia district and the Adam Micldewicz library
on Fillmore Ave. let alone the Broadway Market, but I believe we need to do more to commemorate its rich Polish heritage - I hereby propose to the Common Council
to rename a street in Buffalo after Poland's national author, Adam Mickiewicz and to declare November 1 st of every year as "Western New York Polish Heritage
Day ".
Steve Norris (originally "Nowaczewski "'J
353 Hoyt St.
Bflo NY 14213
RECEIVED AND FILED
NO. 66
M. POLONCARZ- PROPOSED CONSTRUCTION OF NEW ACADEMIC BUILDING AT ERIE COMMUNITY COLLEGE HONORABLE
COUNCIL MEMBERS,
Recently there has been much discussion regarding the proposed construction of a new academic building at Erie Community College
( "ECC "), including what has been reported as the position of my administration as to its construction. In response to your letter of March 5,
2012 and to clarify my position, please be advised that while I have reaffirmed Erie County's (the "County ") commitment to redesignate $7.5
million out of the County's fund balance towards the construction of a new ECC academic building, I do not at this time support or oppose the
construction of this building on any one of ECC's three campuses over another and have not agreed to appropriate the amount at this time.
For the record, in late January, Deputy County Executive Richard Tobe and I met with representatives from ECC to discuss the proposed $30
million building project for ECC's North Campus in Amherst, NY. In this meeting and subsequent conversations, it became quite clear that
although there has been much public discussion about the potential project, including obtaining tentative financing from the County and New
York State, a great deal of work remains to be accomplished before the County will appropriate funds for construction. Therefore, I requested
that ECC provide my administration with significant background information on the planning process and any related research, including any
reports and plans developed. I have enclosed a copy of the letter sent to ECC President Jack Quinn, dated February 10, 2012, detailing that
request.
President Quinn provided to us in a timely manner all of the requested materials that were readily available and proposed the County and ECC
meet on a regular basis to coordinate the process of information gathering and move us closer to understanding ECC's needs. The County is
committed to working with ECC throughout this process which is expected to take approximately nine months to a year. We are confident the
research process will result in
credible data that will allow us to be sure that we are making the correct decisions and to gain the support a project of this type requires.
Although representatives of ECC originally stated the building to be located on the North Campus would be used for health sciences
programs, no formal building use report or analysis of the academic needs of ECC has yet been completed. Without a thorough analysis of
ECC's needs and the intended use for the building, no determination can be made of either the programs to be housed in it or the most
appropriate site. In fact, representatives of ECC have now informed my administration that it was premature to identify the building as a health
sciences center and no use has been determined at this point. Therefore, any belief that the building is a "health sciences" building is
incorrect and anyone stating so is misinformed.
thank you for your concern into this important communitywide matter and look forward to a continued dialogue with the members of the
Common Council about this important project.
Sincerely yours,
County Executive
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 66
D. PRIDGEN- VARIOUS DELI STORES TO BE INVESTIGATED
April 24, 2012
As per Chapter 194 -7 of the City Charter the Common Council shall notify the department of any food stores in their district that should not be renewed. Any food
store that has not complied with city laws and codes may have their license reviewed at this time. I have forwarded a list of dell stores that based upon knowledge and
belief I feel warrant investigation by the department of permits and inspections.
Sincerely,
Darius G. Pridgen
Ellicott District Council Member
REFERRED TO THE COMMITTE ON LEGISLATION AND ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS
NO. 67
D. SMITH -S. GETER- SUPPORT LICENSING OF DELI ON E. FERRY ST(MAS)
Dear Councilmember;
This letter comes as our support for the licensing of the Dell on East Ferry Street
After several meetings with the new owner. Nabil Alawdi and Muhammad Albana- President of the WNY Merchants Association, we have
agreed on the following items
1. The Dell -Gas Station operations will be in accordance with previously established rules for operation set by the City Common Council.
2. The Deli's hours will be 7 AM to 10 PM daily
3. There will be two shifts in which there will be adults supervising overall operations
4. Gasoline pump sales and operations should turned off without on -sire supervision
51 The Sale of Tobacco products will not include flavored products targeting children,
glass tubes or blunts.
6. Property lights will be on 24 hours,7 days a week for security purposes
7. No Outside Advertising Signage
81 Garbage Receptacles will be maintained inside and outside on the property
9. Property will be cleaned daily - interior and exterior
10. Owners have agreed to assist with the neighborhoods continuing efforts to maintain streetscapes and vacant lots along East Ferry Street
We have agreed to reconvene in July 2012 to review our agreement and consider recommendations relative to expanded hours of operation.
AS you know, there is a real concern about the growing commercialization of the neighborhood with an over - concentration of similar stores
Like all other communities Hamlin Park seeks a rich mixture of businesses and services that support resident life. In the future we look to
attracting other types of businesses to the neighborhood and request that further Deli & Gas station licenses not be issued in Hamlin Park
Further, we request an application process modification for all businesses seeking to locate in Hamlin Park that include "prior to getting
started requirements ". This checklist should make Community engagement with neighbors and block clubs necessary prior to making any
financial investments.
Respectfully,
RECEIVED AND FILED
NO. 58
D. SMITH -S. BYRNES- POLICIES AND PRACTICES IN PLACE IN BALTILMORE
On Wed, Apr 25, 2012 at 3:26 AM, LVA Sherry <Iva.sherry@gmall.com> wrote:
Greetings, all- -
After a productive discussion with Dr. Kerestzes yesterday on the latest suspension data, and reflecting on the district's ongoing need for
change and improvement in our city's cultural value of our young people; I offer the following policies and practices in place in Baltimore for
our consideration, and implementation of similar strategies. We (all of us, together) can, I believe, change that culture and simultaneously
reduce suspension and increase attendance (which we know is at the heart of many other issues; e.g., school and student performance,
graduation, etc.)
One cannot rationally separate attendance from success -- whether absence is at the "choice" or initiation of the student or school personnel
(suspension).
I would like to understand how many of these types of efforts are underway already in the district - -is some part of this what attendance
teachers do? Is the district considering some means to mobilize the community as Baltimore has done? What would it take to do so? I'd be
interested in your thoughts.
Sherry
-- How Baltimore is working to change things for the better...
A grandmother told the volunteer who knocked on her door that she had just received custody of her grandchildren but didn't know how to
register them for school. A mother recounted how her child had only one school uniform, and it was hard to make sure it was clean every day.
In both cases, the children had become chronically absent from the Baltimore City Public Schools. But rather than a stem warning from an
attendance officer, the families received a visit from a volunteer working with a local church or nonprofit group.
The focus of the School Every Day! Initiative in Baltimore is to break down the barriers to school attendance. Volunteers deliver alarm clocks
and school uniforms, umbrellas and winter coats to make sure children show up for school regularly. They connect families with the support
they need, whether financial or emotional, in the broader community.
Additional Information Available for review in The City Clerk's Office
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 59
D. RIVERA -FOOD STORE LICENSE INVESTIGATIONS
Dear Commissioner Comerford,
As requested and pursuant to Chapter 194 -7, 1 have submitted under separate cover a list of Food Stores I would like to investigated by your
department. Thank you for your attention to this matter.
Sincerely,
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND
INSPECTION
NO. 60
E. SUMMERS - SUPPORT MATT FISHER FOR COUNCILMEMBER
Item available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 61
D. ZUCHLEWSKI -2011 ANNUAL REPORT ON THE STATE OF HOMELESSNESS IN EC
On behalf of the Homeless Alliance of WNY and members of our Alliance, I am pleased to present our 2011 Annual Report on the State of
Homelessness in Erie County. I would also like to acknowledge the hard work of the Alliance staff thin worked diligently to put this report
together.
While reading this report please keep in mind that while you are reading statistics and comparing numbers, these numbers represent
PEOPLE. These are people in Erie County who have or are facing the very traumatic experience of being homeless, many of them for the very
first time.
The Homeless Alliance has taken —eat strides over the past few years to improve the data quality of participating agencies and those efforts
will be ongoing.
We hope this report helps to generate a genuine community discussion on homelessness and its root cause; poverty. This report will serve as
the basis for the update to our PRISM Plan (Prevention. Resources, Independence, Services & Maintenance), our 10 -year plan to end
homelessness.
We also hope this report helps to educate the general public and those in a decision - making position on homelessness and ignites the
community will to end homelessness.
Thank you for taking the time to read this report and we hope you will be part of the continuing discussions on homelessness and poverty.
Sincerely,
Dale Zuchlewski
Executive Director
RECEIVED AND FILED
PETITIONS
NO. 62
M. DIPASQUALE, AGENT, USE 176 FUHRMANN FOR RENOVATIONS TO A 1 STORY METAL BUILDING
(HRG 5 /8)(SOUTH)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 63
L. NELSON, OWNER. USE 19 WADSWORTH TO ALTER USE -1 FLOOR TAVERN
2 ND FLOOR TWO APARTMENTS
(HRG 5/8)(FI11)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 64
J. JARNOT, OWNER, USE 514 LEGION NORTH TO ERECT A TALL GROUND SIGN
(HRG 5 /8)(SOUTH)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD
NO. 65
J. MASCIA & OTHERS - CONCERNS REGARDING MAINTENANCE OF MARINE DR APTS
I have been requested by Marine Drive residents, as a BMHA Elected Commissioner, to inform you regarding their very real concerns.
Residents of 79 Marine Dr. have signed a petition to relay to you their concerns regarding the maintenance of their building. These are the same concerns voiced
over the past year and a half of management by the Buffalo Municipal Housing Authority.
The concerns are also about one employee that has not performed his duties properly when it comes to both the cleaning of their building and his communication
with residents. It seems that more than once he has become belligerent with the residents telling them to clean their own floors. He has also had conflicts with other
BMHA employees and it appears that he is not held accountable because of his relationship to an Assemblywoman.
It has come to my attention that the manager and other executive staff are aware of this problem and have not addressed it. The residents have requested that I write
because they fear retaliation if they do so themselves. Additionally, so many of their requests related to this problem have gone unheeded that they see no other
alternative but to request my help.
Hopefully the enclosed petition will be enough for the Executive Director to take care of the very pressing situation residents contend with on a daily basis.
Do not hesitate to call me (716) 854 -2552 with any questions.
Respectfully,
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY
REGULAR COMMITTEES
CIVIL SERVI CE
(BONNIE E, RUSSELL, CHAIRPERSON)
NO. 66
APPOINT CELLBLOCK ATTENDANT (PERM)(MAX)(HANAHAN)(POL)
(CCP# 16,04/17)
Mrs. Russell moved
That Communication 16 of April 17, 2012, be received and Filed and that the Permanent Appointment of Margaret Hanrahan, 272 Baraga St, Buffalo. NY 14220 at
the Maximum Salary of $36.119.00 is hereby approved
PASSED
AYES- 8 NOES- 0
NO. 67
APPOINT DEPUTY CORP COUNCIL(PERM)(MAX)(CADLE)(CC)
(CCP# 18.04/17)
Mrs. Russell moved
That Communication 18 of April 17, 2012, be received and Filed and that the Permanent Appointment of Delia Gadle 39 karchmont. Buffalo NY 14214 at the
Maximum Salary of $82 326.00 is hereby approved
PASSED
AYES -8 NOES -0
NO. 68
APPOINT ASSISTANT CORP COUNCIL(PERM)(MAX)(DOLIN)(CC)
(CCP# 19. 04/17)
Mrs. Russell moved
That Communication 19 of April 17, 2012, be received and Filed and that the Permanent Appointment of Bryan Dolin 25 St. Johns PI Apt 2 Buffalo NY 1420" at the
Maximum Salary of $53.686.00 is hereby approved
PASSED
AYES -8 NOES -0
NO. 69
APPOINT SR. DEPUTY CORP COUNCIL(PERM)(MAX)(SAVAGE III)(CC)
(CCP# 20, 04/17)
Mrs. Russell moved
That Communication 20 of April 17, 2012, be received and Filed and that the Permanent Appointment of Peter Savage III. 34 Blantyre, Buffalo, NY 14216 at the
Maximum Salary of $84.564.00 is hereby approved
PASSED
AYES -8 NOES -0
NO. 70
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM
CCP #32, 4/7
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(MICHAEL J, LOCURTO CHAIRMAN)
NO. 71
INVENTORY AUDIT OF LAPTOPS AND TELECOMMUNICATIONS DEVICES(COMPT)
CCP #6.4/17
MR. LOCURTO MOVED
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 72
2012 -2013 BUDGET(SEWER)
CCP #26.4/17
Mr. LoCurto moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 73
BFLO WATER- MONTHLY BOARD REPORT -MARCH 2012
CCP #37, 4/17
Mr. LoCurto moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 74
NYS COMPTROLLER -DEBT STATEMENT CCP#45, 4/17
Mr. LoCurto moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 75
M. KEARNS -A. HOVEY -SOUTH PARK HS MANAGING TAYLOR PARK
CCP#46, 7/12
Mr. LoCurto moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 76
RESPONSE - HEALTHCARE DEPENDENT AUDITS(COMP)
CCP #18, 10/19
Mr. LoCurto moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 77
HEALTHCARE DEPENDENT AUDIT (EXC RESOLVES)
CCP #104, 9/7
Mr. LoCurto moved
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK, JR., CHAIRMAN)
NO. 78
REPORT OF PROPOSALS AND CONTRACT AWARD - LASALLE PARK SKATEPLAZA MASTER PLAN
(COMM. NO. 14, C.C.P., APR. 17, 2012)
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition.
Mr. Golombek moved:
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award
and execute a contract in the Total amount of Twenty -Four Thousand Six Hundred Dollars ($24,600.00) to New Line Skateparks,
Inc., to be funded through Account #33400306 - 445100, and an account to be named at a later date.
PASSED
AYES 8 NOES 0
NO. 79
ERIE CANAL HARBOR DEV CORP -SEQR GALLAGHER BEACH SAND SUSTAINABILITY STUDY
(C.C.P. #43, APRIL 17)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 80
D. PRIDGEN -D. GERVASI- RELOCATE ENGRAVED STARS FROM CHIPPEWA TO 600 BLOCK OF MAIN
(C.C.P. #46, APRIL 17)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 81
REPORT OF SALE -521 BROADWAY (ELL)(STRAT PLAN)
(C.C.P. #71, APRIL 17)(C.C.P. #7, 2/21)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed,
ADOPTED
NO. 82
D. SMITH - CONCERNS RECONNECTING HUMBOLDT PKWY
(C.C.P. #57, JAN 24)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 83
D. SMITH -A. RUDNICK- URGING NYSDOT FOR RESCISSION OF NOTICE OF INTENT ON
PEACE BRIDGE EXP PROJ (C.C.P. #57, OCT 41)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 84
REQUEST TWO YEARLY ELECTRONIC RECYCLE DAYS
(C.C.P. #72 DEC 28)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed,
ADOPTED
NO. 85
T. WILLIAMS- CONCERNS 114 WYOMING
(C.C.P. #52, OCT 5)
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
LEGISLATION
(DARIUS G. PRIDGEN, CHAIRMAN)
NO. 86
EXTENSION OF HOURS (EXISTING RESTAURANT) 727 ELMWOOD (DEL)
(ITEM NO. 49, C.C.P., APRIL 17, 2012)
Mr. Pridgen moved:
That the above communication from the Department of Permit and Inspection Services dated April 17, 2012, be received and filed;
and
That the application of K. Brinkworth, owner, to extend the hours for a rear patio and to allow recorded music to be played with
speakers outdoors, is hereby denied.
DENY
NO. 87
PROPOSED AWNING - 1416 HERTEL PLACE SIDEWALK CAFE (DEL)(EDPI)
(ITEM NO. 50, C.C.P., APR, 17, 2012)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That after a public hearing that was held before the Committee on Legislation on April 24, 2012, the application of MR. Christiano,
as owner, to install an awning to 1416 Hertel is hereby approved, subject to the following conditions:
1. No outside music;
2. No outside trash receptacles;
3. Tables to be bused and cleaned regularly;
4. Patio to close at 11:00 pm Sunday through Thursday and at 12 midnight on Friday and Saturday.
PASSED
AYES 8 NOES 0
NO. 88
CHANGE IN USE - 197 ALLEN (FILL)
(ITEM NO. 51, C.C.P., APR. 17, 2012)
Mr. Smith moved:
That the above communication from the Department of Permit and Inspection Services dated April 17, 2012, be received and filed;
and
That pursuant to Section 511- 57C(3) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is
authorized to issue a license to D. Forness, applicant, doing business at 197 Allen, to change use from a store to a bar /sit -in
restaurant for under 50 people and a sidewalk cafe.
PASSED
AYES 8 NOES 0
NO. 89
GROUND SIGN - 2200 ELMWOOD (NORTH)
(ITEM NO. 52, C.C.P., APR. 17, 2012)
Mr. Pridgen moved:
That the above communication from the Department of Permit and Inspection Services dated April 17, 2012, be received and filed;
and
That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a permit to R. Bender, Agent,
for a ground sign located at 2200 Elmwood.
PASSED
AYES 8 NOES 0
NO. 90
RESTAURANT DANCE CLASS III - 334 DELAWARE (ELL)(EDPI)
(ITEM NO. 22, C.C.P., APR. 17, 2012)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the
following conditions:
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to
issue a Restaurant Dance Class III License located at 334 Delaware d /b /a Sinful.
PASSED
AYES 8 NOES 0
NO. 91
RESTAURANT DANCE CLASS IV (RENEWAL) - 416 PEARL STREET (ELL)(EDPI)
(ITEM NO. 24, C.C.P., APR. 17, 2012)
Mr. Pridgen moved:
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to
issue a Restaurant Dance Class IV License (Renewal) to Tony Vaillant d /b /a Barcelona On Pearl, located at 416 Pearl Street.
PASSED
AYES 8 NOES 0
NO. 92
J. BREM- SUPPORTS BFLO PRES BD RECOMMENDATION THE LANDMARK TRICO PLANT 1
(C.C.P. #34, APRIL 17)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 93
D. PRIDGEN -R. STEVENSON- CONCERNS HISTORIC LANDMARK OF TRICE PLANT 1
(C.C.P. #35, APRIL 17)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 94
APPLICATION FOR LANDMARK DESIGN -791 WASHINGTON AKA 817 WASHINGTON
(HRG 4 /24)(PRES BD)(ITEM NO. 2 C.C.P., APRIL 3, 2012)
That the above communication be, and the same herby is returned to the Common Council without a recommendation.
Mr. Pridgen moved
That the above item be Recommitted to the Committee on Legislation.
ADOPTED.
AYES - Fontana, Golombek, LoCurto, Pridgen, Rivera, Russell, Smith 7 NOES - Franczyk 1
NO. 95
J. GOLOMBEK -B. RADLE- SUPPORT CTR OF ACADEMIC EXCELLENCE TO ECC CITY CAMP
(C.C.P. #52. MARCH 20)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 96
J. GOLOMBEK- PROPOSED ORD AMEND - CHAPTER 263- OPERATION OF BUSINESS
(C.C.P. #51, MARCH 20)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 97
D. SMITH - ARTICLE -THE RIGHT WAY TO REDISTRICT NOW
(C.C.P. #36, MARCH 6)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 98
T. WILLIAMS- CONCERNS 114 WYOMING AVENUE
(C.C.P. #30, DEC. 27)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 99
USER FEE QUESTIONS (EXC RES)
(C.C.P. #95, DEC. 13)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 100
GROUND SIGN - 68 BARKER (NIA)
(ITEM NO. 61, C.C.P., JAN. 24, 2012)
Mr. Pridgen moved:
That the above communication from the Department of Permit and Inspection Services dated January 24, 2012, be received and
filed; and
That the application of R. Johnson, agent, for a ground sign located at 68 Barker, is hereby denied.
DENY
NO. 101
FREE STANDING SIGN- 1131 DELAWARE AVE. (ELL)
(ITEM NO. 44, C.C.P., MARCH 6, 2012)
Mr. Pridgen moved:
That the above communication from the Department of Permit and Inspection Services dated March 6, 2012, be received and filed;
and
That the application of J. Swezy, Owner, for a free standing sign located at 1131 Delaware Avenue, is hereby denied.
DENY
NO. 102
M. LOCURTO -FOOD STORE LICENSE FOR 2248 MAIN ST.
(C.C.P. #76. SEPT. 6)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 103
FOOD STORE LICENSE (NEW) - 471 EAST FERRY (MASTEN)(EDPI)
(ITEM NO. 21, C.C.P., MARCH 6, 2012)
Mr. Pridgen moved:
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to
issue a Food Store License to Nabil M. Alawdi d /b /a Alawde Food Market located at 471 East Ferry upon the following conditions:
1. The deli -gas station operations will be in accordance with previously established rules for operation set by the City Common
Council;
2. The deli's hours will be 7:00 a.m. to 10:00 p.m. daily;
3. There will be two shifts in which there will be adults supervising overall operations;
4. Gasoline pump sales and operations should not be turned off without on -site supervision;
5. The sale of tobacco products will include flavored products targeting children, glass tubes or blunts;
6. Property lights will be on 24 hours a day, 7 days a week for security purposes; 7. No outside advertising signage;
8. Garbage receptacles will be maintained inside and outside the property;
9. Property will be cleaned daily - interior and exterior;
10. Owners have agreed to assist with the neighborhood's continuing efforts to maintain streetscapes and vacant lots along East
Ferry Street.
PASSED
AYES 8 NOES 0
NO. 104
FOOD STORE LICENSE (NEW) - 2248 MAIN (DEL)(EDPI)
(ITEM NO. 33, C.C.P, FEB. 21, 2012)
That the above item be, and the same hereby is returned to the Common Council with a recommendation for denial.
Mr. Pridgen moved:
That the application to issue a Food Store License to Majed Ali d /b /a A & H Main Florence Grocery Deli located at 2248 Main
Street, is hereby denied.
DENY
NO. 105
J. GIAMBRA -INFO RE PLAN TO CONSOLIDATE ALL THREE ECC CAMPUSES
(C.C.P. #37, JUNE 14)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 106
D. SMITH - RECOMMENDATIONS FOR ZONING CHANGES
(C.C.P. #61, APRIL 5)
Rev. Pridgen moved:
That the above item be the same and hereby is Referred to the Committee on Community Development
ADOPTED
NO. 107
BUDGET AMENDMENTS
(C.C.P. #47, NOV 30)
Rev. Pridgen moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
RESOLUTION
NO. 108
BY: MR. FONTANA
HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY
BILL A.9121 AND SENATE BILL S.5409 -A, "AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
REQUIRING PHARMACISTS AND PRACTITIONERS TO CHECK THE CONTROLLED SUBSTANCE ABUSE
REGISTRY BEFORE PRESCRIBING ANALGESICS"
WHEREAS: Bill A.9121 has been introduced in the New York State Assembly and Bill S.5409 -A has been introduced in the New
York State Senate; and
WHEREAS: These companion Bills. "'an act to amend the public health law, in relation to requiring pharmacists and practitioners
to check the controlled substance abuse registry before prescribing analgesics," are also known and may be cited as the "Michael
David Israel Controlled Substance Registry Reform Act;" and
WHEREAS: Passage of these Bills would create a requirement that practitioners check the controlled substance abuse registry
before prescribing painkillers to help crack down on painkiller abuse and direct the Commissioner of Public Health to establish an
enforcement system; and
WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who
battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and
WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and
overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin; and
WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for
hydrocodone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65
prescriptions being written for every 100 residents; and
WHEREAS: One common method that abusers use to obtain prescription drugs is through a method called "doctor shopping ?'
Doctor shopping is a method in which a person might obtain several prescriptions front several different doctors for the same
ailment and then have all the prescriptions filled at various pharmacy locations; and
WHEREAS: If enacted, this legislation would reform the broken system in New York State of the controlled Substance Registry by
providing a real time reporting system that doctors and pharmacists would be required to participate in and check prior to
prescribing or dispensing controlled substances; and
WHEREAS: Passage of these Bills would also give doctors access to the patient's history of admittance to substance abuse
centers so that they can actively review the patient's history of substance abuse. In the case of Michael David Israel, Michael was
prescribed controlled substances by his doctor two days after he checked out of a substance abuse center. If his doctor had
access to real time information, he may not have written such a prescription; and
WHEREAS: The reforms put forward in these Bills will help doctors treat patients and help pharmacists prevent doctor shopping
and forgery, thus helping to keep controlled substances from making their way to addicts on the streets; and
WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law.
NOW THERFORE BE IT RESOLVED:
That, pursuant to Article IX of the New York State Constitution. the City of Buffalo requests the enactment of New York State
Assembly Bill A.9121 and Senate Bill S.5409 -A, "an act to amend the public health law, in relation to requiring pharmacists and
practitioners to check the controlled substance abuse registry before prescribing analgesics;" and
BE IT FURTHER RESOLVED:
That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such
necessity are that the City of Buffalo does not have the power m enact such legislation by local law; and
BE IT FINALLY RESOLVED:
That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten e10) completed copies of a Home Rule
Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the
Home Rule Request Form, to the New York State Assembly Home Rule Counsel. at Assembly Post Office, 210 Legislative Office
Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to
the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1)
copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples -
Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the
Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 109
BY: MR. FONTANA
HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.8320 AND
SENATE BILL S.5720 -A, "AN ACT TO AMEND THE PUBLIC HEALTH LAW. IN RELATION TO CREATING AN ON -LINE REAL TIME
CONTROLLED SUBSTANCE REPORTING SYSTEM TO MONITOR THE PRESCRIBING OF CERTAIN CONTROLLED
SUBSTANCES"
WHEREAS: Bill A.8320 has been introduced in the New York State Assembly and Bill S.5720 -A has been introduced in the New
York State Senate; and
WHEREAS: These companion Bills, "an act to amend the public health law. in relation to creating an on -line real time controlled
substance reporting system to monitor the prescribing of certain controlled substances," are also known and may be cited as the
"internet System for Tracking Over - Prescribing (I -STOP) Act;" and
WHEREAS: Passage of these Bills would establish an on -line, real time controlled substance reporting system to require
practitioners and pharmacists to search for and report certain information at the time a prescription for a covered drug is dispensed
in order to identify and eliminate the abuse and diversion of schedule 11, 111, IV and V controlled substances; and
WHEREAS: Enacting this legislation is necessary because the United States is experiencing an epidemic of prescription drug
abuse. Americans consume 80% of the supply of pain pills in the world and the Drug Enforcement Agency ( "DEA ") has found that
more than 7 million Americans admit to abusing prescription drugs. Further, the DEA has concluded that prescription drugs have
surpassed marijuana as the number one gateway drug for first -time drug abusers in the United States. This is evidenced by the
fact that emergency room visits for reactions to opioid painkillers, like oxycodone, more than doubled from 2004 to 2008; and
WHEREAS: In New York State, the number of prescriptions for all narcotic painkillers has increased from 16.6 million in 2007 to
nearly 22.5 million in 2009. In Buffalo, Catholic Health System, New York's largest methadone clinic outside of New York City, is
beginning to reorganize its services to accommodate an increase in care needed to treat the number of addicted expecting mothers
and their newborns; and
WHEREAS: The solution to the over - prescription of controlled substances, such as OxyContin, is practitioner and pharmacist
awareness. Yeshiva University conducted a two -year review of administrative and medical records of more than 1.600 primary care
patients who received regular prescription opioids and found that less than half of the patients saw their physicians regularly; and
WHEREAS: If enacted, this legislation would connect practitioners and pharmacists to a greater source of centralized information
to avoid over - prescribing, and help to identify and treat patients who seek to abuse prescription drugs. In addition, this legislation
would furnish objective and highly - relevant data to bona fide healthcare professionals, while shining a spotlight on those who enable
and profit from drug abuse; and
WHEREAS: 43 states currently have some form of prescription drug monitoring laws and New York State currently operates only a
limited, prescription monitoring program; and
WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law.
NOW THERFORE BE IT RESOLVED:
That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State
Assembly Bill A.8320 and Senate Bill S.5720 -A, "an act to amend the public health law, in relation to creating an on -line real time
controlled substance reporting system to monitor the prescribing of certain controlled substances;" and
BE IT FURTHER RESOLVED:
That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such
necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and
BE IT FINALLY RESOLVED:
That the City Clerk is hereby directed to forward eleven (11) copies of this Resolution and eleven (11) completed copies of a Home
Rule Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of
the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative
Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request
Form, to the New York State Senate Home Rifle Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY
12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Sean
Ryan, 324 Legislative Office Building, Albany, NY 12248; one (1) copy of this Resolution and one (1) completed copy of the Home
Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247; and one (1) copy of this
Resolution and one (1) completed copy of the Home Rule Request Form, to Senator Mark Grisanti, 902 Legislative Office Building,
Albany, NY 12247.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 110
BY: MR. FONTANA
HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9097
AND SENATE BILL S.6179, "AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE MENTAL HYGIENE LAW, IN
RELATION TO REQUIRING DISCLOSURE OF ADDICTION RISKS FOR CERTAIN PRESCRIPTION DRUGS"
WHEREAS: Bill A.9097 has been introduced in the New York State Assembly and Bill S.6179 has been introduced in the New
York State Senate; and
WHEREAS: These companion Bills, "an act to amend the Public Health Law and the Mental Hygiene Law, in relation to requiring
disclosure of addiction risks for certain prescription drugs," are also known and may be cited as the "Michael David Israel Patient
Information Act;" and
WHEREAS: Passage of these Bills would require disclosure of addiction risks for certain prescription drugs: and
WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who
battled with prescription drag abuse. On June 4, 2011, Michael David Israel tragically took his own life; and
WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and
overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin. Additionally, in a recent
University at Buffalo study of 75 addicts, 41 percent reported their addiction began with medicine prescribed legally by their
doctors; and
WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for
hydrocodone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65
prescriptions being written for every 100 residents; and
WHEREAS: If enacted, this legislation would require that patients receive information about the potential risks of addiction to
certain kinds of drugs as well as the local resources available to them if they feel they are becoming addicted. In the case of
Michael David Israel, more information from the outset about the danger of opiate painkillers as well as local treatment options
could have helped save Michael's life; and
WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law.
NOW THERFORE BE IT RESOLVED:
That, pursuant to Article IX of the New York State Constitution. the City of Buffalo requests the enactment of New York State
Assembly Bill A.9097 and Senate Bill S.6179, "an act to amend the Public Health Law and the Mental Hygiene Law, in relation to
requiring disclosure of addiction risks for certain prescription drugs;" and
BE IT FURTHER RESOLVED:
That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such
necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and
BE IT FINALLY RESOLVED:
That the City Clerk is hereby directed to forward ten (10) copies of this Resolution and ten (10) completed copies of a Home Rule
Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the
Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office
Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to
the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247: one (1)
copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples -
Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the
Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 111
BY: MR. FONTANA
HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9102
AND SENATE BILL S.6180, "AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO CONTINUING MEDICAL
EDUCATION FOR DOCTORS, NURSES AND PHARMACISTS"
WHEREAS: Bill A.9102 has been introduced in the New York State Assembly and Bill S.6180 has been introduced in the New
York State Senate; and
WHEREAS: These companion Bills, "an act to amend the education law, in relation to continuing medical education for doctors,
nurses and pharmacists" are also known and may be cited as the "Michael David Israel Physician Training Law:" and
WHEREAS: Passage of these Bills would create a requirement that doctors, nurses, and pharmacists complete at least 3 hours of
continuing education on opiate analgesics and psychotropic drugs each year; and
WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who
battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and
WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and
overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin. Additionally, in a recent
University at Buffalo study of 75 addicts, 41 percent reported their addiction began with medicine prescribed legally by their
doctors; and
WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for
hydrocodone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65
prescriptions being written for every 100 residents; and
WHEREAS: If enacted, this legislation would require medical professionals to continue to receive training and education on the
dangers of opiate abuse and addiction as well as strategies to migrate patients from highly addictive pain management solutions to
lower risk pain management solutions; and
WHEREAS: As new drugs and strategies continue to be developed, it is important that medical professionals stay up to date on
this growing epidemic; and
WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law.
NOW THERFORE BE IT RESOLVED:
That, pursuant to Article IX of the New York State Constitution. the City of Buffalo requests the enactment
of New York State Assembly Bill A.9102 and Senate Bill S.6180, "an act to amend the education law, in relation to continuing
medical education for doctors, nurses and pharmacists;" and
BE IT FURTHER RESOLVED:
That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such
necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and
BE IT FINALLY RESOLVED:
That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a Home Rule
Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the
Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office
Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to
the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1)
copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples -
Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the
Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247.
REFERRED TO THE COMMITTEE ONLEGISLATION
NO. 112
BY: MR. FONTANA
HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9093
AND SENATE BILL S.6181, "AN ACT TO AMEND THE PUBLIC HEALTH LAW. IN RELATION TO CREATING MEDICINAL
GUIDELINES TO AID IN THE ADMINISTRATION OF PRESCRIPTION DRUGS TO PATIENTS WITH HIGH RISKS OF
ADDICTION"
WHEREAS: Bill A.9093 has been introduced in the New York State Assembly and Bill S.6181 has been introduced in the New
York State Senate; and
WHEREAS: These companion Bills. "'an act to amend the public health law. in relation to creating medicinal guidelines to aid in the
administration of prescription drugs to patients with high risks of addiction," are also known and may be cited as the "Michael David
Israel Addiction Transition Law;" and
WHEREAS: Passage of these Bills would create a requirement that the Department of Health draft guidelines for the transition of
patients from substances with a high risk of addiction to those with a low risk of addiction; and
WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who
battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and
WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and
overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin. Additionally, in a recent
University at Buffalo study of 75 addicts, 41 percent reported their addiction began with medicine prescribed legally by their
doctors; and
WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for
hydrocodone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65
prescriptions being written for every 100 residents; and
WHEREAS: If enacted, this legislation would require the Department of Health develop a set of guidelines to help doctors transition
patients from high risk of addiction pare management solutions to low risk of addiction pain management solutions. In some cases,
long -term use of opiate pain killers is necessary, but in many cases alternative methods can be used to manage the patient's pain
while avoiding the potential for a damaging addiction to develop; and
WHEREAS: These Bills do not require doctors to implement these strategies, and still leave the decision for how best to care for
the patient up to their doctor, but it does provide doctors with an important resource; and
WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law.
NOW THEREORE BE IT RESOLVED:
That, pursuant to Article IX of the New York State Constitution. the City of Buffalo requests the enactment of New York State
Assembly Bill A.9093 and Senate Bill S.6181, "an act to amend the public health law, in relation to creating medicinal guidelines to
aid in the administration of prescription drugs to patients with high risks of addiction;" and
BE IT FURTHER RESOLVED:
That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such
necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and
BE IT FINALLY RESOLVED:
That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a Home Rule
Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the
Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office
Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to
the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1)
copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples -
Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the
Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 113
BY MICHAEL J. LOCURTO
APPOINT MARRIAGE OFFICER
Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage
officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose
appointment as a Marriage Officer shall commence June i 2012 and expire September 1 2012.
Abraham Munson -Ellis
ADOPTED
SPONSORS: MICHAEL J. LOCURTO, DAVID A. RIVERA
NO. 114
CONTRACTOR NOISE ABATEMENT
Whereas: Construction season has begun for both municipal and private projects throughout the city; and,
Whereas: The renovation of residential and commercial properties within the city are always welcome developments and the
Common Council encourages improvement and investment by property owners; and,
Whereas: Often construction workers spend a significant amount of time working on a property each day; with many workers
present at a given time; and
Whereas: The people working on these projects often create a lot of noise that is unrelated to those of the tools and machines
necessary to complete a job; and,
Whereas: Often this noise violates Section 293 -4 of the City Charter which prohibits unreasonable noise, specifically the use of
sound - reproduction devices outside of a structure (without permit) anywhere in the city limits; as well as part G of Section 293 -4 of
the charter which prohibits "yelling, shouting or hooting at any time or place so as to annoy or disturb the quiet, comfort and repose
of a reasonable person of normal sensitivities ;" and,
Whereas: Companies or individuals applying for a Contractors License from the City are not made aware of these noise
ordinances: including Section 293 -4 and all other provisions related to noise restrictions within City limits at any time during the
process; and,
Whereas: The City of Buffalo Department of Licenses, Permits and Inspections should make all people wishing to become a
licensed contractor in the City of Buffalo aware of all noise restrictions upon their application as a way to keep companies and
individuals mindful of the professional conduct that is expected of them at a job site; and,
Now. Therefore. Be It Resolved That:
The Common Council hereby requests the Department of Economic Development, Permit and Inspection Services (EDPIS) to
prepare and attach copies of all related noise ordinances to all new contractor licenses and permit applications; and,
Be It Further Resolved That:
DPIS also ensures that the applicants have read and understand noise laws and the penalties associated with breaking them by
requiring a signature upon review and approval by the DPIS and the Buffalo Common Council.
Be It Finally Resolved That:
Copies of this resolution are sent to the appropriate parties, including DPIS Commissioner James Comerford,
Supervisor of Licenses Pat Sole, The Buffalo Police Department; and the Dept. of Law.
PASSED
AYES 8 NOES 0
NO. 116
SPONSORS: LOCURTO. RIVERA. FRANCZYK
URGE NEW YORK STATE TO PASS THE GENDER EXPRESSION NON - DISCRIMINATION
ACT (GENDA)
Whereas, GENDA (The Gender Expression Non - Discrimination Act) is a bill that provides basic civil rights for transgender New
Yorkers by adding gender identity and expression to the already existing New York State Human Rights Law; and,
Whereas, Gender identity and expression refer to the way people self- identify and present their masculinity and /or femininity to the
world, including external characteristics and behaviors such as dress. hair style, name and pronoun use: and,
Whereas, While currently it is illegal in New York State to discriminate on the basis of age, race, creed, color, national origin, sexual
orientation, sex, marital status and other categories in the areas of employment, housing, public accommodations, education and
credit, current human rights law does not explicitly ban discrimination on the basis of gender identity and expression; and,
Whereas, While there are 13 states and the District of Columbia and over ninety localities across the United States, including the
City of Buffalo, that have passed transgender and gender expression nondiscrimination laws. the New York State Senate has yet to
pass GENDA: and.
Whereas, There are many documented cases where social antagonism against transgender or gender variant individuals and their
families has led to employees being denied a job offer, fired from a job, harassed in the workplace, given inadequate medical care
and otherwise treated as second -class citizens solely because of their gender identity and expression; and,
Whereas, There is clearly a need to protect gender variant New Yorkers from unequal and unfair treatment and the GENDA bill will
mandate equitable treatment and a fair playing field for these individuals; and,
Whereas, it is imperative the New York State Senate finally move to pass GENDA and take a stand for all New Yorkers; and,
Now, Therefore. Be It Resolved That:
The City of Buffalo Common Council endorse the Gender Expression Non - Discrimination Act and urge the New York State Senate
to pass GENDA and extend basic human rights to all New Yorkers, regardless of gender expression and identity; and,
Be It Further Resolved That:
A copy of this resolution is sent to New York State Senator Mark Grisanti, NYS Senator Tim Kennedy, NYS Senate Majority Leader
Dean Skelos, NYS Senate Minority Leader John Sampson, and New York State Governor Andrew Cuomo.
ADOPTED
NO. 116
BY MR. SMITH
PROPERTY DISPOSITION
The establishment of a Regional Land Bank shows promise to help to handle housing issues in the City of Buffalo ; and
The City of Buffalo must prepare to better define how a Regional Land Bank can be effective.
Now Therefore Be It Resolved That:
• The Executive Director of Strategic Planning provide to this Common Council:
• Amend or establish a policy for side lot disposition
• An asset versus liability formula when determining property value and disposition
• Establish procedures to inform real estate when houses are marked for demolition
• Maps of special areas when property can be sold below market value
• A legal opinion whether a reversionary clause on City of Buffalo Sales is legal
REFERRED TO THE COMMITTEE ON LEGISLATION
10 1 WNIVA
SPONSOR: DEMONE A. SMITH
WAIVER OF PARK RENTAL FEES
WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to
licenses, permits and activates required or regulated under the provisions of various chapters of the code: and
WHEREAS, The Pine Grill Reunion is being held August 7 & 14; and
WHEREAS, The Masten District Unity Day is being held August 26 ; and
WHEREAS, The Juneteenth Festival is being held June16 & 17; and
WHEREAS, The Masten District Jazz Festival is being held July 22 & 29: and
WHEREAS, The Taking it to the streets Event is being held August 18 & 19; and
WHEREAS, The Science Museum Events (Beerology, Star Lights, Bubblefest, and their Gala) will be held throughout the summer;
and
WHEREAS, All are free community oriented events that celebrate the city's cultural fabric. NOW, THEREFORE, BE IT
RESOLVED,
That the Common Council of the City of Buffalo waives the user, permit and other associated fees for Pine Grill Reunion, Masten
District Unity Day, Juneteenth Festival, Masten District Jazz Festival, Taking it to the streets event and the Science Museum
Events; and
BE IT FURTHER RESOLVED
That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets,
PASSED
AYES 8 NOE 0
NO. 118
BY MR. SMITH
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitation for The Evangelistic Temple & Community Church Center By Councilmember Smith
ADOPTED
NO. 119
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
hat the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional
upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
• Paul Falzone
• Kimberly L. Johnson
• Veronica A. Kait
TOTALS
ADOPTED
NO. 120
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional,
upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
• Wallace S. Piotrowski
• Maritza Vega
TOTAL:2
ADOPTED
notification of what we are made aware
NO. 122
ADJOURNMENT
On a motion by Mr. Smith, Seconded by Mr. Pridgen the Council adjourned at 2:53 P.M.
GERALD CHWALINSKI
CITY CLERK
NO. 121
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New
York, unless otherwise noted.
Regular Committees
Committee on Civil Service
Tuesday, May 8, 2012 at 9:45 o'clock A.M.
Committee on Finance
Tuesday, May 8, 2012 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev.
Tuesday, May 8, 2012 at 1:00 o'clock P.M.
Committee on Legislation
Tuesday, May 8, 2012 at 2:00 o'clock P.M.
Special Committees
Public Hearing on the Budget
Monday, May 14, 2012 at 5:00 o'clock P.M.
Bd of Education Budget Hrg
Monday, May 14, 2012 at 6:00 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
Citv 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. 122
ADJOURNMENT
On a motion by Mr. Smith, Seconded by Mr. Pridgen the Council adjourned at 2:53 P.M.
GERALD CHWALINSKI
CITY CLERK