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Home My WebLink About13-0205 (2)NO. 3 PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 5, 2013 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 CHRISTOPHER P. SCANLON -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, Christopher P. Scanlon, 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: Christopher P. Scanlon, Chairman, Michael J. LoCurto, 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., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, 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, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE February 5, 2013 FINAL CORRECTED MAYOR 1- A. LDA Webster Block Redevelopment Project -75 Main St(Fill)(hrg 2/19) MAYOR - EXECUTIVE 2- 1. Strat Plan -City Employees or Relative(s) Who Are Receiving Rehab, Loan or CD, CPBD 13- 12. Report of Bids Fire Engine 37 Apparatus Bay Ceiling Emergency Asbestos Other Financial Assist R &F 3- 2. Strat Plan -Report of Sale 357 Guilford(Fill) APP COMPTROLLER 14. Vehicle Purchase -Div of Engr 4- 3. 25 Bond Resolutions Filed for COB 2013 Capital Plan R &F PUBLIC WORKS 17- 5- 4. Notification Serial #10647- 10649(waive 45 days) R &F 6- 5. Notification Serial # 1065 1-1065 5 (waive 45 days) R &F 7- 6. Change in Contract Broadway Garage New Restroom Addition(Ell) APP 8- 7. Perm to Engage Services - Architectural and Engr Sery for Constr Oversight 19. Used Car Dealer 2080 Delaware Ave (North) APP Broderick Park Phase I APP 9- 8. Perm to Enter Agmt with University of Bflo, Roswell Pk, Kaleida Health and ADOPT C'.TTY C'.T,FRK Bflo Med Group for Ellicott St. Gateway Phase 2 Project(Ell) APP 10- 9. Perm to Reduce Retention Distribution Improvements- Seneca St Area APP 11- 10. Report of Bids -2013 Street Tree Planting- Citywide APP 12- 11. Report of Bids Coca Cola Field Testing & Special Inspect APP 13- 12. Report of Bids Fire Engine 37 Apparatus Bay Ceiling Emergency Asbestos 22- 21. Request Permission to Trade in Data Card Printer Model Magna Image Card PS - APP 23- 21A. Item Returned to City Clerk by Mayor Without Approval or Disapproval - #15, C.C.P. 1/22/13 Report of Sale 683 W. Utica R &F 24- 22. Board of Ethics Minutes- 11/20/12 R &F 25- 23. Liquor License Applications R &F 26- 24. Leaves of Absence R &F 27- 28- 29- 30- 25. Appoint Sr Legislative Assistant IV(Fortune) 26. Appoint Chief of Staff(Wyatt) 27. Appoint Sr Legislative Assistant(Corley) 28. Notices of Appointments- Temp/Prov/Perm_ MISCELLANEOUS 31- 29. G. Burstein- Decline of Invitation to Appear Before the Legislation Committee - EC LEG ADOPT CS 32- Sampling /Testing APP 14- 13. Report of Bids Parkside Lodge Window Reconstruction(Del) APP 15- 14. Vehicle Purchase -Div of Engr APP 16- 15. Appoint Account Clerk Typist(Perm)(Step 2)(Masullo) CS 17- 16. Appoint Motor Equip Mehanic(Prov)(Max)(Nelson) CS 18- 17. Appoint Pumping Plant Operator(Prov)(Inter)(Overton Jr) CS PERMITS AND INSPECTIONS 36. C. Scanlon -F. Langdon -Use for Grain Elevator at South End Marina 19- 18. Second Hand Dealer 465 Niagara(Ell) APP 20- 19. Used Car Dealer 2080 Delaware Ave (North) APP ADMINISTRATION AND FINANCE 21- 20. Appoint Commissioner of Administration and Finance(Exempt)(Estrich) ADOPT C'.TTY C'.T,FRK 22- 21. Request Permission to Trade in Data Card Printer Model Magna Image Card PS - APP 23- 21A. Item Returned to City Clerk by Mayor Without Approval or Disapproval - #15, C.C.P. 1/22/13 Report of Sale 683 W. Utica R &F 24- 22. Board of Ethics Minutes- 11/20/12 R &F 25- 23. Liquor License Applications R &F 26- 24. Leaves of Absence R &F 27- 28- 29- 30- 25. Appoint Sr Legislative Assistant IV(Fortune) 26. Appoint Chief of Staff(Wyatt) 27. Appoint Sr Legislative Assistant(Corley) 28. Notices of Appointments- Temp/Prov/Perm_ MISCELLANEOUS 31- 29. G. Burstein- Decline of Invitation to Appear Before the Legislation Committee - EC LEG ADOPT CS 32- 30. Ciminelli -Plan Bd Determinations for Site Plan Approval 1001 Main St R &F 33- 31. K. Flemming -Draft Michigan St African American Heritage Corridor Mngt Plan CD 34- 32. M. LoCurto- Dorchester HOA- Property Damage Caused by City Plows FIN,PW 35- 33. NYSDOT Designation of Restricted Highway R &F 36- 34. Excerpts from Michigan St Comm Legislation: Parks and Recreation Law CD 37- 35. C. Scanlon -D. Kaminski- Response to the Skyway Resolution R &F 38- 36. C. Scanlon -F. Langdon -Use for Grain Elevator at South End Marina CD 39- 37. T. Yots- Appoint T. Robinson to Preservation Bd Representing Pres Bflo Nia R &F PETITIONS 40- 38. S. Mucino, Owner, Use 494 Franklin aka 73 Allen to Open an Existing Restaurant in Allen St Special Zoning District(hrg 2 /12)(Fill) LEG,CPBD RESOLUTIONS 61- 39. Fontana Audit on the Street Lighting System in the City ADOPT RES,REM FIN 62- 40. Fontana, etc Fee Waiver for 2013 Old Neighborhood St. Patrick's Day Parade - APP 63- 41. Fontana, etc Formation of Cat Task Force ADOPT 64- 41A. Franczyk,etc Name City -Owned Pocket Park at 33 Whitney Place SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 41- 1. Com 1 Jan 22 Designation of Nominees for Reappointment to Bd of Trustees Bflo & EC Library(Mayor) APP "Patty Parete Park" ADOPT 65- 41B. Franczyk NYS Real Property Tax Law Section 1182 Waiver for Unique APP 44- 4. Com 29 Jan 22 Appoint Caulker Supervisor I(Perm)(Inter)(Sullivan)(PW) APP Situation at 949 Broadway APP 66- 42. Golombek Discharge Committee on CD #14 C.C.P. Nov. 13, 2012 - Herbert, Dembinska, Saleh, Tripp, Kozlowski, Velez, McAlister, Elmwood at Nottingham Sign Within City ROW(PW) ADOPT D /C,APP 67- 42A Golombek Ordinance Amendment -Ch 316 Peddling & Soliciting -St Vending 68- 43. LoCurto Support for NYS Assembly Bill A.88 and A.824- Requiring Contact Info for Vacant Structures and Good Faith Statute for Obtaining Foreclosure by a Lending Institute ADOPT 69- 44. LoCurto Waiving Permit Fees for Buffalo Orienteering Club Event in Delaware Park APP 70- 45. Pridgen Amanda Lynn Hearing with Erie County Legislature ADOPT 71- 46. Pridgen Investigation of Erie County Medical Examiner's Office ADOPT 72- 47. Pridgen Support Expanded Use of Coca Cola Field CD 73- 47A Pridgen NYS Real Prop Tax Law Section 1182 - Waiver for Unique Situations -468 Washington St APP 74- 47B Pridgen NYS Real Prop Tax Law Section 1182 - Waiver for Unique Situations -107 Delaware Ave APP 75- 48. Scanlon Bond Resolution Fire Apparatus FIN 76- 49. Scanlon Bond Resolution Snow Fighting Apparatus FIN 77- 50. Scanlon Bond Resolution Allen Street Improvements FIN 78- 51. Scanlon Bond Resolution Bridge Rehabilitation FIN 79- 52. Scanlon Bond Resolution Ellicott Street Improvements FIN 80- 53. Scanlon Bond Resolution Infrastructure Improvements FIN 81- 54. Scanlon Bond Resolution Kenmore Avenue Infrastructure Improvements FIN 82- 55. Scanlon Bond Resolution Street Lighting - Citywide FIN 83- 56. Scanlon Bond Resolution Traffic System Improvements - Citywide FIN 84- 57. Scanlon Bond Resolution City Services Bldg Reconstruction/Renovation_FIN 85- 58. Scanlon Bond Resolution Downtown Ball Park (Coca Cola Field) Impr FIN 86- 59. Scanlon Bond Resolution Fire Station Rehabilitation - Various FIN 87- 60. Scanlon Bond Resolution Hatch Restaurant Additions & Alterations FIN 88- 61. Scanlon Bond Resolution Kleinhans Music Hall Revitalization FIN 89- 62. Scanlon Bond Resolution Library Improvements Citywide FIN 90- 63. Scanlon Bond Resolution Major Municipal Bldgs Reconstruction FIN 91- 64. Scanlon Bond Resolution MLK Casino Exterior Renovation FIN 92- 65. Scanlon Bond Resolution BPD Bldgs Reconstruction Bflo Police Precinct_FIN 93- 66. Scanlon Bond Resolution Polar Bear Exhibit - Buffalo Zoo FIN 94- 67. Scanlon Bond Resolution Johnnie B. Wiley Improvements FIN 95- 68. Scanlon Bond Resolution Parks Infrastructure Improvements - Citywide FIN 96- 69. Scanlon Bond Resolution Parks Vehicles and Equipment Purchase FIN 97- 70. Scanlon Bond Resolution Monument Restoration FIN 98- 71. Scanlon Bond Resolution Tree Removals & Plantings- Citywide FIN 99- 72. Scanlon Bond Resolution Demolitions- Emergency Conditions - Citywide FIN 100- 72A Scanlon Fee Waiver for 2013 St. Patrick's Day Parade APP 101- 73. Smith Appoint Sr. Legislative Assistant Council Staff(Corley) ADOPT 102- 74. Smith, etc Bflo Common Council Support of Greater Bflo Sports and Entertainment Complex, LLC ADOPT 103- 75. Smith, etc Irregularities at the Erie County Board of Elections ADOPT RES,REM LEG 104- 76. Smith Waive Park Rental And Event Fees for Various Events APP 105- 77. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 41- 1. Com 1 Jan 22 Designation of Nominees for Reappointment to Bd of Trustees Bflo & EC Library(Mayor) APP 42- 2. Com 20 Jan 22 Appoint Financial Operations Administrator (Prov)(Inter)(Fanton)(Compt) APP 43- 3. Com 28 Jan 22 Appoint Account Clerk Typist(Perm)(2 d Step)(Masullo)(PW) APP 44- 4. Com 29 Jan 22 Appoint Caulker Supervisor I(Perm)(Inter)(Sullivan)(PW) APP 45- 5. Com 30 Jan 22 Appoint Senior Engineer(Max)(Hoffert)(PW) APP 46- 6. Com 32 Jan 22 Appoint Police Officers(Perm)(Min)(Felshow III, Kimmins, McDonald, Herbert, Dembinska, Saleh, Tripp, Kozlowski, Velez, McAlister, Sullivan, Christopher, Norwood, Jr., Wilson, Kausch, Anderson, 54- 14. No 56 Jan 22D. Serra, Owner, Use 1487 Hertel Ave to Re- Establish Existing Restaurant and Sidewalk Cafe in Hertel Ave Special Zoning District(hrg 1 /29)(Del) APP Moretti, Bannister, Kubiak, Ambellan, Dickenson)(Police) APP 47- 7. Com 21 Jan 22 Appoint Special Assistant to Chief Info Officer(Exempt)(Hypolite)(MIS) R &F 48- 8. Com 33 Jan 22 Appoint Special Assistant to the Corporation Counsel (Exempt)(Thompson)(CC) R &F 57- 17. Com 39 49- 9. Com 50 Jan 22 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT Nov 27 S. Shafie, Agent, Use 1261 Hertel for a Pole Sign(no pub hrg)(Del) 50- 10. Com 8 Jan 22 Disposition of Real Property -602 Fourth St (Ell)(Strat Plan) APP 51- 11. Res 90 Jan 22 Disposition of Real Property -602 Fourth St(Hrg 2 /5)(Pridgen) APP 52- 12. Com 9 Jan 22 Report of Sale -123 Arkansas(Nia)(Strat Plan) APP 53- 13. Com 11 Jan 22 Report of Sale -34 Herman and 36 Herman(Fill)(Strat Plan) APP T ,F.CTTST , A TT0N 54- 14. No 56 Jan 22D. Serra, Owner, Use 1487 Hertel Ave to Re- Establish Existing Restaurant and CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 5, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None - On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on January 22, 2013 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 LAND DISPOSITION AGREEMENT FOR: WEBSTER BLOCK REDEVELOPMENT PROJECT CONVEYANCE OF CERTAIN CITY OF BUFFALO OWNED PROPERTY AT 75 MAIN STREET, SALE AND ABANDONMENT OF PORTIONS OF PUBLIC RIGHTS OF WAY AND CONVEYANCE OF EASEMENTS AND AIR RIGHTS IN RIGHTS OF WAY PRIOR COMMON COUNCIL REFERENCE: Item 1 C.C.P. 09/04/12 and Item 57 C.C.P. 10/16/12 As you know, at last year's State of the City, I announced that we would be launching a Request for Proposals ( "RFP') process for the development of the Webster Block. An RFP was issued in April 2012 resulting in two major project proposals submitted in June of last year. A selection committee of senior executive staff was empaneled to review the proposals with input from a team of community representatives including active citizens, business leaders, and a member of the Common Council. I am very pleased to inform Your Honorable Body that the Webster Block Redevelopment Project is now in the final pre- construction phase with a ground breaking set for on or about March 1, 2013. Accordingly, I am herewith presenting Your Honorable Body with the proposed Land Disposition Agreement ( "LDA ") between the City and HARBORcenter Development, LLC ( "Developer "). The filing of this Agreement for your Honorable Body's review and approval is accompanied by other Communications from the Department of Public, Works, Park and Streets to facilitate the completion of the HARBORcenter Project, located on the prestigious Webster Block. This proposed Project is a major regional attraction that will maximize community benefit through the inclusion of unique terms within the Land Disposition Agreement ( "LDA "), which will build upon the significant and continuing renaissance Buffalo's Waterfront and Downtown are experiencing. I. Project Details and Construction Impact This $123,000,000.00+ project, which consists of two ice rinks, (one with a seating capacity for 1,800 +/- people and the other with seating capacity for 150 +/- people, both with accessible seating as required by law); a parking structure with 845 +/- parking spaces; a premium -brand hotel of up to 200 +/- rooms and ground -level restaurant and retail space, remains on track to break ground on March 1, 2013 and to open in stages on September 30, 2014 (Parking Structure, Ice Rinks and Restaurant /Retail) and May 30, 2015 (Premium Brand Hotel). The project will immediately create 1,498 direct, indirect and induced construction jobs with an annualized pay averaging $54,000 per year. When completed, this major regional attraction will represent the only facility in the world with three sheets of ice in one contiguous facility, one of which is the home ice of a National Hockey League Franchise. Below I include a brief summary of the attached Land Disposition Agreement's notable terms, which will serve as a model of how the City will seek to maximize community and economic impacts through the acquisition and sale of real estate in the future. Purchase Price: While the Developer had previously capped its purchase price at $2 million in negotiating the Term Sheet with the City of Buffalo, an appraisal of the property by Darrel R. Lloyd, Jr. resulted in an appraised land value of $2,194,260.00. The technical details of how this figure was arrived at and the interests sought to be conveyed are spelled out later in this Communication. The purchaser had agreed to pay the full value. MBEM/BE Component: Sidewalk Cafe in Hertel Ave Special Zoning District(hrg 1 /29)(Del) APP 55- 15. No 57 Jan 22A. Antonucci, Owner, Use 1197 Hertel to Re- Establish Use of Restaurant in the Hertel Ave Special District(hrg 1 /29)(Del) APP 56- 16. No 59 Jan 22J. Lyons, Owner, Use 534 Elmwood to Open Existing Restaurant in The Elmwood Ave Special Zoning District(hrg 1 /29)(Nia) APP 57- 17. Com 39 Jan 22Restaurant Dance License Renewal -445 Delaware(EDPI) APP 58- 18. Com 40 Jan 22Restaurant Dance License Renewal -1108 Elmwood(EDPI) APP 59- 19. No 41 Nov 27 S. Shafie, Agent, Use 1261 Hertel for a Pole Sign(no pub hrg)(Del) APP W /COND 60- 20. Com 32 Dec 11 Used Car Dealer -1082 Kenmore(Del)(EDPI) APP W /COND CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 5, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None - On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on January 22, 2013 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 LAND DISPOSITION AGREEMENT FOR: WEBSTER BLOCK REDEVELOPMENT PROJECT CONVEYANCE OF CERTAIN CITY OF BUFFALO OWNED PROPERTY AT 75 MAIN STREET, SALE AND ABANDONMENT OF PORTIONS OF PUBLIC RIGHTS OF WAY AND CONVEYANCE OF EASEMENTS AND AIR RIGHTS IN RIGHTS OF WAY PRIOR COMMON COUNCIL REFERENCE: Item 1 C.C.P. 09/04/12 and Item 57 C.C.P. 10/16/12 As you know, at last year's State of the City, I announced that we would be launching a Request for Proposals ( "RFP') process for the development of the Webster Block. An RFP was issued in April 2012 resulting in two major project proposals submitted in June of last year. A selection committee of senior executive staff was empaneled to review the proposals with input from a team of community representatives including active citizens, business leaders, and a member of the Common Council. I am very pleased to inform Your Honorable Body that the Webster Block Redevelopment Project is now in the final pre- construction phase with a ground breaking set for on or about March 1, 2013. Accordingly, I am herewith presenting Your Honorable Body with the proposed Land Disposition Agreement ( "LDA ") between the City and HARBORcenter Development, LLC ( "Developer "). The filing of this Agreement for your Honorable Body's review and approval is accompanied by other Communications from the Department of Public, Works, Park and Streets to facilitate the completion of the HARBORcenter Project, located on the prestigious Webster Block. This proposed Project is a major regional attraction that will maximize community benefit through the inclusion of unique terms within the Land Disposition Agreement ( "LDA "), which will build upon the significant and continuing renaissance Buffalo's Waterfront and Downtown are experiencing. I. Project Details and Construction Impact This $123,000,000.00+ project, which consists of two ice rinks, (one with a seating capacity for 1,800 +/- people and the other with seating capacity for 150 +/- people, both with accessible seating as required by law); a parking structure with 845 +/- parking spaces; a premium -brand hotel of up to 200 +/- rooms and ground -level restaurant and retail space, remains on track to break ground on March 1, 2013 and to open in stages on September 30, 2014 (Parking Structure, Ice Rinks and Restaurant /Retail) and May 30, 2015 (Premium Brand Hotel). The project will immediately create 1,498 direct, indirect and induced construction jobs with an annualized pay averaging $54,000 per year. When completed, this major regional attraction will represent the only facility in the world with three sheets of ice in one contiguous facility, one of which is the home ice of a National Hockey League Franchise. Below I include a brief summary of the attached Land Disposition Agreement's notable terms, which will serve as a model of how the City will seek to maximize community and economic impacts through the acquisition and sale of real estate in the future. Purchase Price: While the Developer had previously capped its purchase price at $2 million in negotiating the Term Sheet with the City of Buffalo, an appraisal of the property by Darrel R. Lloyd, Jr. resulted in an appraised land value of $2,194,260.00. The technical details of how this figure was arrived at and the interests sought to be conveyed are spelled out later in this Communication. The purchaser had agreed to pay the full value. MBEM/BE Component: As an added community benefit of the project, the City has required the Developer to pursue, and all indications are that it will meet, Minority Business Enterprise (MBE) and minority workforce utilization goals of 25% and Women Business Enterprise (WBE) and women workforce utilization goals of 5 %. Compliance with these standards in a private development project is unusual and highlights the importance of the City's commitment to diversity on major development projects. It is my belief that achieving these goals on a project of this size, scope and sophistication will have a long term impact on our community, in growing a diverse workforce to contribute to Buffalo's continuing development boom. Prevailing Wages and Regional Workforce Utilization: The City has required the Developer to mandate its contractors and subcontractors pay prevailing wages as promulgated by the New York State Department of Labor and to utilize a workforce, at least 75% of which must reside within 100 miles of the Project site. This commitment is significant because it recognizes the importance of local community participation in private development projects. Unique Post Construction Benefits /Living Wage: The community benefits realized from this project will not cease at the conclusion of the construction phase, as the City has requested and the Developer has agreed to pay all of its year- round, full -time employees, stationed at either the parking ramp or the ice rink portions of the Project a living wage, as set forth in Section 96- 19(D)(2) of the Ordinances of the City of Buffalo. The City has also required the Developer to use commercially reasonable efforts to cause tenants and other occupants of the Project (including the Developer and any of its affiliates), to first list all new employment opportunities generated at the Project with the Department of Labor, Buffalo Employment Training Center (BETC) and Workforce Investment Board (W1 B). I firmly believe that this requirement will result in more Buffalo residents gaining employment at this world class facility after its completion. The City has required the Developer to use commercially reasonable efforts to foster and encourage utilization of the retail and restaurant portions of the Project by the City of Buffalo and other locally -based businesses, including national and international franchises owned by local concerns. The City has also required the Developer to use commercially reasonable efforts to cause at least 15% of the ice time at the Project to be available for public skating and /or community oriented events, including youth hockey, and agrees to work to develop strategies to encourage diversity among ice rink users. Technical Details of the Property Interests to be Conveyed The Property is comprised of the following six City owned parcels or interests in City owned parcels: 1. An approximately 71,000 square foot (1.6 acre + / -) surface parking lot located at 75 Main Street and bounded by Main, Washington, Scott, and Perry Streets (the "Main Parcel "), together with 2. An adjacent parcel comprising approximately 8,948 square feet (0.21 acre + -) of the City owned right -of -way of Washington Street (the "Washington Street Parcel "), together with an adjacent parcel comprising of approximately 2,102 square feet (0.05 acre + -) of the City owned right - of -way of Scott Street (the "Scott Street Parcel "), together with 3. Non - exclusive easement rights for up to eighteen load bearing columns in the City owned right -of -way of Perry Street in the existing sidewalk and right of way areas on either side of Perry Street (the "Perry Street Column and Support Easement Areas ") comprising approximately 9,880 square feet (0.22 acre +-), being approximately 22' wide on each side of Perry, (it being the intent that there will be up to 8 column -like load bearing improvements placed upon /within the northerly side of Perry Street in the Perry Street Column and Support Easement Area and up to 10 column -like load bearing improvements placed upon /within the southerly side of Perry Street in the Perry Street Column and Support Easement Area and that in addition thereto under the north side of the Perry Street Column and Support Easement Area there is expected to be a number of below surface "pile caps" in the nature of "spread footers" extending out up to 3.5 feet as foundation support from the foundation of the Developer's new Project building into the Perry Street Column and Support Easement Area) (Note: this easement area reduces to 1,068 square feet after completion of Project construction since the foundation support pile caps and the columns will actually occupy only the reduced 1,068 square feet area after Project construction completion), together with 4. Non - exclusive easement rights for the placement of foundation support "pile caps" in the nature of "spread footers" under portions of the surface of the City -owned right of way of Washington Street, Scott Street and Main Street, said "pile caps" being permitted to extend into a subsurface area being no mere than 3.5 feet wide starting from and running along the easterly line of the Washington Street Parcel into Washington Street, and into a subsurface area being no more than 3.5 feet wide starting from and running along the northerly side of the Scott Street Parcel, and into a subsurface area being no more than 3.5 feet wide starting from and running along the westerly side of the Main Parcel (the "Subsurface Pile Cap Easement Areas "), said "pile caps" easement areas comprising approximately 2,954 square feet (0.07 acres +-), together with 5. Exclusive easement rights for building projections into the rights of way of Washington Street, Scott Street and Main Street, from and above an elevation of 595 feet above sea level, over the Subsurface Pile Cap Easement Areas (the "Building Encroachment Easement Areas "), to accommodate projections (such as glass elevator lobbies, canopies and awnings) off of the Project building and over portions of Washington Street, Scott Street and Main Street, together with 6. Exclusive air rights over a portion of Perry Street, said air rights being from approximately the second story on up through the seventh story over a portion of Perry Street adjacent to the Main Parcel, said air rights measuring approximately 222 feet long, by 66 feet wide (the "Air Rights ") measured from an elevation of 595.0 referenced to the NAVD 88- North American Vertical Datum, together with 7. Non - exclusive easement rights in Washington Street comprising approximately 4,991 square feet (0.11 acre + / -) (the "Storm Sewer Easement Area ") relating to Developer's planned installation of a below surface enhancement to existing Buffalo Sewer Authority storm sewer pipes currently under Washington Street in the Storm Sewer Easement Area. This easement is expected to be temporary only and is for the purpose of facilitating Developer's installation of the enhancement (ancillary to the Project development) to the existing storm sewer under Washington Street. It is anticipated the completed enhancement will be dedicated to the City and Buffalo Sewer Authority. 8. Non - exclusive easement rights in Washington Street for the functional equivalent of a non - exclusive Environmental Easement or other type of non - exclusive easement relating to Developer's proposed storm sewer enhancement objective in the area between the easterly line of the Washington Street Parcel and the existing centerline of Washington Street comprising approximately 4,991 square feet (0.11 acre + -) of Washington Street (the "Storm Sewer Enhancement Objective Easement "). The up to eighteen load bearing columns are expected to be utilized by Developer to structurally support the improvements Developer plans to make in the Air Rights space connecting the Project development with the First Niagara Center. The precise metes and bounds legal descriptions of the Main Parcel, the Washington Street Parcel, the Scott Street Parcel, the Perry Street Column and Support Easement Areas, the Subsurface Pile Cap Easement Areas, the Air Rights areas and the Storm Sewer Enhancement Objective Easement area are included in the attached LDA. The Appraisal Review Board met on January 28, 2013 and after considering the two appraisals (obtained in accordance with Article 27.5 of the City Charter) valuing the Main Parcel, the Washington Street Parcel, the Scott Street Parcel, and the Air Rights by square footage in each instance and after applying the square footage values and methodologies consistent with those used in the appraisals to the Perry Street Column and Support Easement Areas and the Subsurface Pile Cap Easement Areas determined, approved and hereby forward for your approval the following sale prices: Sale Price Total $2,194,260 Broken Down by Parcel /Parcel Interest as Follows: 1. The Main Parcel for the appraised value of $1,800,000. 2. The Washington Street Parcel for the appraised value of $215,000. 3. The Scott Street Parcel for the appraised value of $51,000. 4. The Perry Street Column and Support Easement Areas for the agreed upon value of $7,260. 5. The Subsurface Pile Cap Easement Areas and the Building Encroachment Easement Areas for the agreed upon value of $15,000. 6. The Air Rights for the appraised value of $106,000 and 7. The Storm Sewer Easement Area and the Storm Sewer Enhancement Objective Easement rights for no outright consideration since technically this does not involve a substantive transfer of equitable property fights but rather the Storm Sewer Easement Area is a temporary easement for Developer's installation of storm sewer enhancements ancillary to the Project construction and the Storm Sewer Enhancement Objective Easement rights relate to a mere ministerial component ancillary to the paperwork closeout of the overall Project redevelopment as a brownfield cleanup project. The exact nature of the Storm Sewer Enhancement Objective Easement fights are at the time of writing this communication still somewhat uncertain. Further, it could be the case that said Storm Sewer Enhancement Objective Easement rights will not be conveyed to or on behalf of Developer until sometime after the time of the closing and conveyance to Developer of the rest of the Property interests. The City and the Developer do agree however that the Storm Sewer Enhancement Objective Easement rights to be conveyed by the City shall be non - exclusive and shall not interfere with the City's maintenance of Washington Street or with the continuous use by the public of Washington Street. In the event an easement in the nature of an Environmental Easement (to The People of the State of New York acting through their Commissioner of the Department of Environmental Conservation) or other such similar document is utilized to fully effectuate the intent and purposes of the Storm Sewer Enhancement Objective Easement, it is agreed that Developer shall execute said Environmental Easement (or other such similar document) for the express purposes of directly taking on and agreeing to pay for all affirmative obligations thereunder, including but not limited to all periodic reporting obligations as well as any and all maintenance, monitoring and other operational matters under any and all types of site management plan associated with the Environmental Easement or any such similar type of documentation. The City's role in executing the Environmental Easement or any such similar type of documentation shall be for the limited purpose of subjecting the City's interest in the pertinent section of Washington Street to the Environmental Easement (or other similar type instrument) and for notice purposes only. Obligations taken on by the Developer under the Environmental Easement or such other similar type of documentation shall be direct and shall run with the Developer's interest in all the land constituting the Property and shall be binding upon the Developer and the Developer's successors and assigns and their interests in the Property in perpetuity. The Executive Director of the City's Office of Strategic Planning determined that there is no consideration due from Developer for the Storm Sewer Enhancement Objective Easement related grant due to its mere ministerial nature as described above. City's execution of an Environmental Easement or other such similar type of documentation is subject in the final analysis to the approval of the Executive Director in his sole discretion. Since this overall transactional objective involves granting a private party fee interests in public rights of way and easement interests in (or above in the case of the air rights over Perry Street) public rights of way, the procedures involved in an abandonment or closing of a street are applicable. Therefore, in accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo Planning Board for their review and recommendation. In October of 2012 the Developer submitted an Environmental Assessment Form to the Erie Canal Harbor Development Corporation ( ECHDC) with respect to the Project which enabled the ECHDC on November 15, 2012 to amend its Final Generic Environmental Impact Statement for the Canalside Land -Use Improvement Project by issuing a Negative Declaration under the State Environmental Quality Review Act (SEQRA) with respect to the Project. I am recommending that Your Honorable Body approve the attached proposed Land Disposition Agreement with HARBORcenter Development, LLC (or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by the HARBORcenter Development, LLC), provided the following conditions are satisfied: 1. The City of Buffalo Planning Board recommends and approves the abandonment of the rights of way /easement areas to the extent necessary ( I respectfully ask your Honorable Body to refer this Item to the Planning Board for its review), 2. In accordance With standard abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing ". Said hearing shall be conducted at 2:00 P.M. in the Council Chambers on the 19 of February, 2013, 3. There are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council, 4. That the final design /plans in reference to the Project improvements are to be submitted to the Executive Director of the Office of Strategic Planning for his review and approval before construction can start, 5. That the Executive Director of the Office of Strategic Planning is kept apprised of the construction of the Project and monitors the progress of any right of way concerns or issues, if and when they should arise, 6. HARBORcenter Development, LLC agrees to address any right of way concerns or issues, if and when they should arise, to the reasonable satisfaction of the Executive Director of the Office of Strategic Planning, 7. Any and all utilities located within the affected rights of way will be preserved and protected or relocated as necessary with easements and /or any other necessary precautions and /or documentation all as set forth in the Land Disposition Agreement, 8. The official closing /abandonment of the referenced rights of way and the creation of easements interests in the public rights of way shall not become effective until the actual conveyance documents conveying title and /or easement rights are filed in the Erie County Clerk's Office, 9. The terms and conditions of the final Land Disposition Agreement shall be substantially similar to those outlined in the attached Land Disposition Agreement. The final draft of the Land Disposition Agreement shall be negotiated to finalization and subject to review and approval of the Executive Director of the City's Office of Strategic Planning and the City of Buffalo Corporation Counsel's Office. I am recommending and respectfully requesting that Your Honorable Body approve the proposed Land Disposition Agreement with HARBORcenter Development, LLC or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by HARBORcenter Development LLC, in consideration of payment in the amounts of: 1. The Main Parcel for the appraised value of $1,800,000. 2. The Washington Street Parcel for the appraised value of $215,000 (or $24.00 per square" foot of Washington Street actually conveyed). 3. The Scott Street Parcel for the appraised value of $51,000 (or $24.00 per square foot of Scott Street actually conveyed). 4. The Perry Street Column and Support Easement Areas for the agreed upon value of $7,260. 5. The Subsurface Pile Cap Easement Areas and the Building Encroachment Easement Areas for the agreed upon value of $15,000 (or an amount equal to 20% of $24.00 per square foot of such interest actually conveyed) and 6. The Air Rights for the appraised value of $106,000 (or an amount equal to 30% of $24.00 per square foot of the air rights actually conveyed). I am further recommending that Your Honorable Body: 1. Authorize me as the Mayor to execute the Land Disposition Agreement (as finalized by the City Corporation Counsel) and all related agreements and conveyancing instruments to be negotiated to finalization and approved to form by the Law Department to facilitate the redevelopment Project; and 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Land Disposition Agreement. Byron W. Brown Mayor REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEE WHO ARE RECEIVING REHAB. LOAN OR OTHER FINANCIAL ASSISTANCE VARIOUS COUNCIL DISTRICTS The following individuals have applied for financial assistance through a program offered through the Office of Strategic Planning for housing rehab, or home purchase assistance. This item is filed to meet the public disclosure requirements of the U.S. Department of Housing and Urban Development. Della Johnson 235 Laurel St. Buffalo NY 14208 Della Johnson is employed as a Bus Aide for the Board of Education. Annette Drago 396 Skillen St. Buffalo NY 14207 Annette is employed by the City of Buffalo as a Crossing Guard. Lurie DuBois 91 Easton St Buffalo NY 14215 Daughter, Valorie Gardner, is employed as a Librarian (McKinley HS) for the Bd. of Education. Dorothy Perry 351 Leroy Ave Buffalo NY 14214 Daughter, Sharon Dunninghan is a Teacher with the Bd. of Education. David White 2550 Main Street Buffalo, New York, 14214 David White is employed by the Department of Public Works as a Laborer 2. He has applied to purchase a property through the federal Neighborhood Stabilization Program administered by the Office of Strategic Planning. Mr. White is a former employee of the City of Buffalo Urban Renewal Agency. Kimberley Smiley 839 Humboldt Parkway Buffalo. New York, 14208 Ms. Smiley is employed as a Data Control Clerk in the Department of Permit and Inspection Services. She has applied to purchase a property through the federal Neighborhood Stabilization Program administered by the Office of Strategic Planning. EXECUTIVE DIRECTOR, OFFICE OF STRATEGIC PLANNING BRENDAN MEHAFFY RECEIVED AND FILED NO. 3 REPORT OF SALE 367 GUILFORD, 476.63'N GENESEE LOT SIZE: 33'X 94' ASSESSED VALUATION: $1,600 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from King Center Charter School, Inc., Mr. Rod McCallum, 938 Genesee Street, Buffalo, New York 14211 to purchase 357 Guilford Street- King Center Charter School, Inc. is located at 938 Genesee Street and owns the building at 351 Guilford where the kindergarten and first grade classes are held. The rear portion of 351 Guilford extends behind 357 Guilford which will be used as an egress and continuous expansion for the school. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser• A market analysis performed by the Division of Real Estate showing similar sates in the area range from Thirty Two Cents ($•32) to Fifty Cents ($.50) per square foot. Mr. McCallum has agreed and is prepared to pay One Thousand Dollars ($1,000), Thirty Two Cents ($32) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 357 Guilford Street to King Center Charter School, Inc., Mr. Rod McCallum in the amount of One Thousand Dollars ($1,000). 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. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated January 7, 2013, be received and filed; That the offer from Mr. Rod McCallum on behalf of King Center Charter School, Inc., of 938 Genesee Street, Buffalo, New York 14211, in the amount of One Thousand Dollars ($1,000.00) for the purchase of 357 Guilford, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO.4 BOND RESOLUTIONS FILED FOR COB 2013 CAPITAL PLAN Attached please find 25 bond resolutions for the City of Buffalo's 2013 Capital Plan: No. Title Amount 1 Fire Apparatus- Purchase 500,000 2 Snow Fighting Apparatus- Purchase 900,000 3 Allen Street Streetscape 250,000 4 Bridge Rehabilitation- Various 300,000 5 Infrastructure Improvements - Citywide 6,450,000 7 Kenmore Avenue Reconstruction (Main - Starin) 192,500 8 Street Lighting - Citywide 500,000 9 Traffic Signals Improvements - Citywide 200,000 10 City Services Building Reconstruction /Renovation 400,000 11 Downtown Ball Park (Coca -Cola Field) Improvements 750,000 12 Fire Station Rehabilitation- Various 400,000 13 Hatch Restaurant Additions & Alterations 1,361,425 14 Kleinhans Music Hall Safety & Accessibility 171,200 15 Library Improvements- Various 347,750 16 Major Municipal Buildings Reconstruction /Renovation 400,000 17 MLK Casino Exterior Renovations 214,000 18 Police Precinct Renovation 400,000 19 Polar Bear Exhibit - Buffalo Zoo 550,000 20 Johnny B. Wiley Lighting Improvements 250,000 21 Park Improvements- Various 1,823,900 22 Park Vehicles- Purchase 225,000 23 Public Art Restoration /Conservation 268,610 24 Tree Removals & Planting - Citywide 642,000 25 Demolitions- Emergency Conditions - Citywide 3,003,000 21,271,885 If you have any questions, please feel free to contact me or the Executive Assistant to the Comptroller, Patrick J. Curry at 851 -5290 Mark J. F. Schroeder Comptroller RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 5 NOTIFICATION SERIAL #10647- 10649(WAIVE 45 DAYS) NOTIFICATION SERIAL #10647 NO STANDING SCHOOL DAYS - REPEAL ON FRANKLIN STREET, WEST SIDE BETWEEN A POINT 220 FEET SOUTH OF THE SOUTH CURB OF WEST HURON STREET AND A POINT 110 FEET SOUTH THEREFROM (ELLICOTT DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, west side 7:00 a.m. — 4:00 p.m. Between a point 220 feet south of the School Days South curb of West Huron Street And a point 110 feet south therefrom This action is being taken in order to extend the area allowed for school bus loading and unloading in front of Buffalo Academy of Science Charter School. (see next serial) Peter J. Merlo, P. E. City Engineer NOTIFICATION SERIAL #10648 NO STANDING SCHOOL DAYS - INSTALL ON FRANKLIN STREET, WEST SIDE BETWEEN A POINT 143 FEET SOUTH OF THE SOUTH CURB OF WEST HURON STREET AND A POINT 187 FEET SOUTH THEREFROM (ELLICOTT DISTRICT) NO STANDING — INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, west side 7:00 a.m. — 4:00 p.m. between a point 143 feet south of the School Days south curb of West Huron Street and a point 187 feet south therefrom This action is being taken in order to extend the area allowed for school bus loading and unloading in front of Buffalo Academy of Science Charter School. Peter J. Merlo, P. E. City Engineer NOTIFICATION SERIAL #10649 NO STANDING SCHOOL DAYS - REPEAL ON WEST DELAVAN AVENUE, SOUTH SIDE BETWEEN THE WEST PROPERTY LINE OF #703 WEST DELAVAN AVENUE AND THE EAST PROPERTY LINE OF #723 WEST DELAVAN AVENUE (DELAWARE DISTRICT) NO STANDING — REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Delavan Avenue, south side 8:00 a.m. — 4:00 p.m. between west property line of #703 West Delavan Avenue School Days and the east property line of #723 West Delavan Avenue This action is being taken due to the closing of Buffalo Public School #56. The Board of Education has no plan to reopen this building as a school. Peter J. Merlo, P. E. City Engineer RECEIVED AND FILED NO. 6 NOTIFICATION SERIAL #10651 -10655 (WAIVE 45 DAYS) NOTIFICATION SERIAL #10651 NO STANDING SCHOOL DAYS - INSTALL ON EAST DELAVAN AVENUE, SOUTH SIDE BETWEEN THE EAST CURBLINE OF FLOSS AVENUE AND A POINT240 FEET EAST THEREFROM (LOVEJOY DISTRICT) NO STANDING — INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD East Delavan Avenue, south side 7:00 a.m. - 4:00 p.m. Between the east curbline of Floss Avenue Schools Day And a point 204 feet east therefrom This action is being taken at the request of the Buffalo Police Department for traffic safety at the school at this location. Peter J. Merlo, P. E. City Engineer NOTIFICATION SERIAL #10662 NO STANDING - REPEAL ON EDNA PLACE NORTH SIDE BETWEEN MICHIGAN AVENUE AND MASTEN AVENUE ( ELLICOTT DISTRICT) NO STANDING — REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Edna Place, north side At all time Between Michigan Avenue And Masten Avenue This action is being taken to facilitate plowing operations. Peter J. Merlo, P. E. City Engineer NOTIFICATION SERIAL #10663 REPEAL ALTERNATE PARKING - TYPE I EDNA PLACE BETWEEN ELLICOTT STREET AND MICHIGAN AVENUE ( ELLICOTT DISTRICT) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body Of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Edna Place, south side 4:00 p.m. Wednesday to between Ellicott Street 4:00 p.m. Sunday and Michigan Avenue Edna Place north side 4:00 p.m. Sunday to between Ellicott Street 4:00 pm. Wednesday and Michigan Avenue This action is being taken to facilitate plowing operations. Peter J. Merlo, P. E. City Engineer NOTIFICATION SERIAL # 10664 INSTALL ALTERNATE PARKING - TYPE 2K EDNA PLACE BETWEEN ELLICOTT STREET AND MASTEN AVENUE ( ELLICOTT DISTRICT) NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Edna Place, south side 6:00 p.m. Thursday to between Ellicott Street 6:00 p.m. Monday and Masten Avenue Edna Place, north side 6:00 p.m. Monday to between Ellicott Street 6:00 p.m. Thursday and Masten Avenue This action is being taken to facilitate plowing operations. Peter J. Merlo, P. E. City Engineer NOTIFICATION SERIAL # 10666 INSTALL ALTERNATE PARKING - TYPE 2K DOWNING STREET BETWEEN ABBOTT ROAD AND ONONDAGA AVENUE (SOUTH DISTRICT) NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, emending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Downing Street, north side 6:00 p.m. Monday to between Abbott Road 6:00 p.m. Thursday and Onondaga Avenue Downing Street, south side 6:00 p.m. Thursday to between Abbott Road 6:00 p.m. Monday and Onondaga Avenue This action is being taken to facilitate plowing and sanitation operations on a residential street that was previously unrestricted Peter J. Merlo, P. E. City Engineer RECEIVED AND FILED NO. 7 CHANGE IN CONTRACT BROADWAY GARAGE NEW RESTROOM ADDITION JOB #1276 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the Broadway Garage, New Restroom Addition, Joseph Carino Plumbing & Heating, Inc., C #93001058. 1. Replacement of sanitary sewer line, including excavation of Add $ 1,985.00 concrete floor, cleaning remainder of 4" branch sewer with electric machine; backfilled excavated are with #1 stone and cemented floor. While preparing for new plumbing, it was found that the existing sanitary sewer line had corroded over time and needed to be replaced for installation of new plumbing fixtures. The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Eighty Five and 00/100 Dollars ($1,985.00). Summary: Original Contract Amount Add $ 4,945.00 Amount of This Change Order ( #1) Add $ 1,985.00 Revised Contract Amount Add $ 6,930.00 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 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated January 24, 2013, 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 $1,985.00 (Original Contract Amount $4,945.00 - Change Order #1 $1,985.00 for a Revised Contract Amount of $6,930.00) for the replacement of sanitary sewer line, including excavation of concrete floor, cleaning remainder of 4" branch sewer with electric machine and backfill excavated area with #1 stone and cemented floor for the Broadway Garage new restroom addition to Joseph Carino Plumbing & Heating, Inc., C #93001058 Funding is available in Account 35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 8 PERMISSION TO ENGAGE IN SERVICES OF NUSSBAUMER & CLARKE, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR CONSTRUCTION OVERSIGHT BRODERICK PARK PHASE I I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Nussbaumer & Clarke, Inc. for Architectural and Engineering Services for Construction Oversight of Broderick Park Phase 1. Nussbaumer & Clarke, Inc. was chosen to perform this work through the Department of Public Works, Parks and Streets Request for Qualifications (RFQ) standard process. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in Capital account 35405106 - 445100 and other account(s) to be named at a later date. Steven J. Stepniak Commissioner Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 30, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant for architectural and engineering services for construction oversight of Broderick Park Phase I to Nussbaumer & Clarke, Inc. The cost for consulting services is estimated not to exceed $100,000.00. Funds are available in Capital Account 35405106 - 445100, and other account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 9 PERMISSION TO ENTER IN AGREEMENTS WITH UNIVERSITY OF BUFFALO, ROSWELL PARK, KALEIDA HEALTH AND BUFFALO MEDICAL GROUP FOR THE ELLICOTT STREET GATEWAY PHASE 2 PROJECT ELLICOTT DISTRICT The Federal Highway Administration (FHWA) has designated $3.8M for the design, construction and construction inspection of the Ellicott Street Gateway Phase 2 Project. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN 5757.59. This project was bid by this Department on November 14, 2012, with the responsible bidder approved by Your Honorable Body on December 11, 2012. Given the amount of private construction work underway within the Medical Campus, it may become necessary for this Department to negotiate agreements for use of City Right -of -Way to complete all necessary work. Therefore, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary right -of- way agreements. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 22, 2013, 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 right -of -way agreements with the University of Buffalo, Roswell Park, Kaleida Health and Buffalo Medical Group for the Ellicott Street Gateway Phase 2 Project. PASSED AYES 9, NOES 0 NO. 10 PERMISSION TO REDUCE RETENTION SICAR MANAGEMENT AND CONSTRUCTION INC, DISTRIBUTION IMPROVEMENTS VARIOUS LOCATIONS IN SOUTH BUFFALO SENECA ST AREA CONTRACT# 93000977 1 hereby submit to your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 2% and respectfully request that Your Honorable Body approve this request. The reduction is in consideration for work already completed and accepted by the Department. All pipe installation and services have been installed and are in service. There are no outstanding claims or liens. The reduction is being requested to keep the contract open to allow the completion of some minor sidewalk restoration and top soil and seed to be done in the Spring of 2013. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 30, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention to 2% in Contract #93000977, Sicar Management and Construction Inc. Distribution Improvements- various locations in South Buffalo- Seneca Street area. PASSED AYES -9 NOES -0 NO. 11 REPORT OF BIDS 2013 STREET TREE PLANTING CITYWIDE GROUP #769 An advertisement for bids was published on January 14, 2013, and this department received the following formal sealed bids for 2013 Street Tree Planting Citywide, which were publicly opened and read January 25, 2023. Contractor Bid Mark Cerrone, Inc. 5482,790.00 PO Box 3009 Niagara Falls, NY 14304 Beau Enterprises, Inc. $509,960.00 4250 Williams Rd. Ransomville, NY 14131 Stedman Old Farm Nurseries, Inc $604,152.00 2857 Main St. Newfane, NY 14108 Titan Development 5519,750.00 8534 Seaman Rd. Gasport, NY 14067 Scott Lawn Yard, Inc. 5624,600.00 5552 Townline Rd. Newfane, NY 14132 Hydrolawn of Buffalo 5623,300.00 PO Box 771 Derby, NY 14047 Schneck's Tree Removal $727,000.00 2861 Southwestern Blvd. Orchard Park, NY 14127 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Marc Cerrone, Inc. with a bid of four hundred eighty two thousand and seven hundred and ninety dollars ($482,790.00), 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 Streetsto 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. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated January 30, 2013, 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 an agreement for 2013 Street Tree Planting City -wide with Mark Cerrone, Inc. in the amount of $482,790.00. Funds for this project are available in Account #34400406 - 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 12 REPORT OF BIDS COCA COLA FIELD TESTING & SPECIAL INSPECTIONS JOB #1274T I requested on January 11. 2013 and received the following bids for Coca Cola Field, Testing & Special Inspections on January 18, 2013. SJB Services, Inc. $600.00 5167 South Park, Hamburg, NY Professional Svcs Industries No Bid 3784 Commerce, N Tonawanda, NY GZA No Bid 35 Washington. Buffalo NY I hereby certify that the foregoing is a true and correct statement of all bids received and that SJB Services, Inc., with a bid of Six Hundred and 00/100 Dollars ($600.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 34323606 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated January 24, 2013, 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 an agreement for Coca -Cola Field testing and special inspections with SJB Services, Inc. in the amount of $600.00. Funds for this project is available in Account #34323606 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 13 REPORT OF BIDS FIRE ENGINE 37 APPARATUS BAY CEILING EMERGENCY ASBESTOS SAMPLING /TESTING JOB# 1290 1 requested by telephone and received the following bids for Fire Engine 37, Apparatus Bay Ceiling, Emergency Asbestos Sampling and Testing, on January 17, 2013. This is an emergency due to a PESH issue. Stohl Environmental $315.00 4169 Allendale, Buffalo, NY Hillmann Consulting $450.00 288 Skinner Hollow, Westfield, PA AMD Environmental $475.00 4248 Ridge Lea, Amherst, NY CORE Environmental $750.00 2312 Wehrle, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental, with a bid of Three Hundred Fifteen and 00/100 Dollars ($315.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 34323706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated January 25, 2013 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 an agreement for Fire Engine 37 apparatus bay ceiling emergency asbestos sampling /testing with Stohl Environmental in the amount of $315.00. Funds for this project is available in Account #34323706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 14 REPORT OF BIDS PARKSIDE LODGE WINDOW RECONSTRUCTION JOB #1244 DELAWARE DISTRICT I advertise for on December 14, 2012, and received the following formal sealed bids for the Parkside Lodge Window reconstruction, which were publicly opened and read on January 3, 2013 Base Bid Alt #1 Allstate General Contracting $99,300.00 $14,150.00 31 Ransier, West Seneca, NY NewCal Construction $124,900.00 $17,500.00 10994 Tinkham, Darien Ctr. NY Hadala Construction $164,000.00 $18,500.00 325 Grote, Buffalo, NY Alternative# 1- Add Wood Shutters I hereby certify that the foregoing is a true and correct statement of all bids received and that Allstate General Contracting with a Base Bid of $99,300.00 add alternative #1 for $14,150.00 for a total bid of One Hundred Thirteen Thousand Four Hundred Fifty and 00/100 Dollars($113,450.00) 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 and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 33320606 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works. Parks and Streets, dated January 24, 2013, 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 an agreement for the Parkside Lounge window reconstruction with Allstate General Contracting in the amount of $99,300.00 (Base Bid of $99,300.00 + Alt. #1 $14,150.00 for a Total Award of $113,450.00). Funds for this project is available in Account #33320606 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 16 VEHICLE PURCHASE DIVISION OF ENGINEERING Our Department is requesting permission to purchase the following vehicle from this year's Capital Outlay. One pickup truck or suburban whichever vehicle maybe obtained at the best price available to us by means of New York State vehicle contract or City of Buffalo formal bid for the Division of Engineering. This vehicle will be assigned to the engineering division and will not be a take home vehicle. Funds for this vehicle are available in account 13113007 - 474200 and an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works. Parks and Streets, dated January 28. 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of Public Works, Parks and Streets to purchase one pickup truck or suburban, whichever vehicle may be obtained at the best price, for the Division of Engineering. This vehicle will be assigned to the Division of Engineering and will not be a take -home vehicle. Funds are available from Account 13113007 - 474200, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 16 APPOINT ACCOUNT CLERK TYPIST(PERM)STEP 2)(MASULLO) Appointment effective 01 /21/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, at the second step of $32,316.00 Stacey Masullo, 1042 Abbott Rd(Upper), Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 17 APPOINT MOTOR EQUIPMENT MECHANIC(PROV)(MAX)(NELSON) Appointment effective 01/31/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Motor Equipment Mechanic, Provisional at the Maximum Salary of $39,535.00 Gregory Nelson, 105 Arden , Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 APPOINT PUMPING PLANT OPERATOR(PROV)(INTER)(OVERTON, JR) Appointment effective 01/21/2013 in the Department of Public Works, Parks and Streets to the Position of Pumping Plant Operator, Provisional at the Intermediate Salary of $41,225.00 Dewitt D. Overton, Jr, 585 Lisbon Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES NO. 19 SECOND HAND DEALER 465 NIAGARA (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 465 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Juan Diaz. The attached thereto for Juan Diaz d /b /a /M & J Appliances This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated January 25, 2013. be received and filed; and That pursuant to Chapter 254 of the City Code: the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Juan Diaz db /a M & J Appliances at 465 Niagara is hereby approved. PASSED AYES -9 NOES -0 NO. 20 USED CAR DEALER 2080 DELAWARE AVE (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2080 Delaware Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Michael Stauz. The attached thereto for Michael Stanz /dba /Duncan Motor Cars Sales & Service Inc. 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 the Department of Economic Development, Permit and Inspection Services, dated January 29, 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Michael Stanz d b/a Duncan Motor Cars Sales & Service Inc., located at 2080 Delaware Avenue. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 21 APPOINT COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS,(EXEMPT)(ESTRICH) Appointment effective 01/08/2013 in the Department of Administration and Finance, Division of Budget to the position of Commissioner of Administration and Finance, Policy & Urban Affairs, Exempt at the flat salary of $119,239 Donna Estrich, 31 Ashland Avenue, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 22 REQUEST PERMISSION TO TRADE IN DATA CARD PRINTER MODEL MAGNA IMAGE CARD PS I request Your Honorable Body's Permission to Trade in Our Birth Card Machine Printer, Model Image Card PS for $300.00. The money would be used toward the cost of a new printer. Our Current Magna Data Card Printer is outdated and parts end supplies are becoming obsolete Thank you Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk, dated January 28, 2013, be received and filed; and That the Common Council hereby authorizes the City Clerk to trade in the birth card machine printer on the purchase of a new printer. PASSED AYES -9 NOES -0 NO. 23 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL CCP# 15, 01/22 1 hereby inform you that the following Item which was passed by the Common Council on January 22, 2013 No. 15 Start Plan- Report of Sale -683 E. Utica (Ell) Was presented to the Mayor on January 25, 2013 and returned to the City Clerk on February 5, 2013 without approval or disapproval Respectfully submitted, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 24 BOARD OF ETHICS MINUTES - 11/20/2012 City of Buffalo of Ethics Meeting Minutes Tuesday, November 20, 2012 Members in Attendance: Douglas Coppola, Gerald Chwalinski, Eleanor Paterson, Richard Sullivan Guest: Mary Baldwin, Deputy City Clerk. Quorum New Business: 1 ) Doug emailed Nicholas Heidinger to clarity Nicholas' concern. Nick did not perceive a problem or an ethics issue; he just wanted the BOE to be aware of the fact that Old First Ward Community Assoc. and Brown & Brown, the City's insurance broker, were doing business together. 2) Two transactional disclosure statements were submitted by Oswaldo Mestre, Jr., Director of Citizen Services, for his attendance at the KANA Connect 2012 Conference and also, at the IBM Smarter Cities Challenge Summit, Nov. 14 & 15. 3) Doug emailed, Judge Craig Hannah regarding the BOE vacancy and if the Nominating committee can convene. Term memberships were requested by Judge Hannah and emailed to him by Sharon Adler. Eleanor Paterson & Richard Sullivan's five year terms expire Oct. 31, 2014. The balance of members may be serving as "hold - overs" & want to maintain their responsibilities. Doug will email Tim Bali, Law Dept., regarding extension of jurisdiction. Annual Financial Disclosure form needs to be sent out a by Clerk's office the week before Christmas; also, inform city employees & boards that the form is online. Tell them that they need to submit one by 1/31/13. Mid - January, send a reminder to those who haven't submitted one. Old Business: Per Cavette, the Law Department will be drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an Employee's separation of service with the City. Cavette wile email the board the status of this. Approval of the November 20, 2012 minutes. Next meeting will be scheduled Tuesday, January 29, 2013. Meeting adjourned. RECEIVED AND FILED NO. 25 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 1501-1503 Hertel Ave Caramici's Bistro & Bakery Carmici, Inc 1472 Hertel Ave Sample Restaurant 244 Allen Street LLC 382 Abbott Rd Conlon's Inter Utrumque 268 Main St Suite 101 LeMonde Beshey Shehata 534 Elmwood Ave Joe's Deli on Elmwood Joe's NY Deli LLC 338 Ellicott St Tappo Tappo of Buffalo LLC 346 Connecticut Martin Cooks Martin Cooks, LLC RECEIVED AND FILED NO. 26 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: Common Council- Stacey Masullo RECEIVED AND FILED. NO. 27 CERTIFICATE OF APPOINTMENT Appointment effective January 21, 2013 in the Department of Common Council, Division of Council Staff to the Position of Sr. Legislative Assistant IV to Councilmembers at the Flat Salary of $55,000.00 Nikita Fortune, 52 Urban Street, Buffalo, NY 14211 ADOPTED NO. 28 CERTIFICATE OF APPOINTMENT Appointment effective January 23, 2013 in the Department of Common Council, Division of Council Staff to the Position of Chief of Staff Common Council at the Flat Rate of $60,000.00 Rasheed Wyatt, 73 Easton Ave, Buffalo, NY 14215 ADOPTED NO. 29 CERTIFICATE OF APPOINTMENT Appointment effective February 4, 2013 in the Department of Common Council, Division of Council Staff to the position of Sr. Legislative Assistant to Common Council at the flat salary of $46,083.00 Doris Corley, 136 Bickford Ave, Buffalo, NY 14215 ADOPTED NO. 30 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 01/18/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Street Worker, Permanent at the minimum salary of $23,130.00 Roland Kerr, 167 Roosevelt Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 01/21/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Street Worker, Permanent at the minimum salary of $23,130.00 Antonio McKinney, 38 Kenova, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 01/23/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Motor Equipment Mechanic, Provisional at the minimum salary of $23,721.00 German Montalvo, 251 Bedford Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 01/31/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Truck Driver, Permanent at the minimum salary of $23,130.00 Dorothy Wells, 483 Dartmouth Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 02/04/2013 in the Department of Public Works, Parks and Streets, Division of Engineering to the position of Engineering Inspector, Provisional at the minimum salary of $42,252.00 Rohney P. Robinson, 58 Treehaven Rd., Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 01/22/2013 in the Department of Administration and Finance, Division of Fleet Maintenance to the Position of Tow Truck Operator, Provisional Appointment at the Minimum Salary of $22,423.00 Vincent Sorrentine, 293 Potters Rd, Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 31 G. BURSTEIN- DECLINE OF INVITATION TO APPEAR BEFORE THE LEGISLATION COMMITTEE Mark Jaskula Sr. Legislative Assistant 65 Niagara Square -Room 1413 Buffalo NY, 14202 -3318 Mr. Jaskula, I am writing in response to your invitation to attend the January 29 meeting of the Committee on Legislation to discuss the death of Amanda Wienckowski. The results and findings of any autopsy are confidential, and as such, it would be inappropriate for me or a member of my staff to discuss them at a public hearing. The family of the deceased can provide you with the report if they so choose. With regards to the findings of private pathologists. I cannot comment or speculate on their reports, as they are not employees of the Erie County Department of Health. While the death of Amanda was a great tragedy, the Erie County Department of Health stands by the finds of the Medical Examiner's office. I wish the Wienckowski family all the best as they continue to mourn their daughter's passing. REFERRED TO THE ERIE COUNTY LEGISLATORS NO. 32 CIMINELLI -PLAN BD DETERMINATION FOR SITE PLAN APPROVAL 1001 MAIN ST BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board hem at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 29th day of January 2013, a resolution was adopted of which the following is a true copy." Present: James A. Morrell - Chairman Frank A. Manuele Horace A. Oioia Cynthia A. Schwartz Henry Bums Michael J. Lyons Martha Lamparelli The following resolution was introduced: WHEREAS, on August 3, 2012, Ciminelli Real Estate Corporation as agent for F.L.C. 50 High Street Corporation (collectively "Applicants ") and as amended on January 11, 2013, pursuant to §511 -137 et. seq, of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent and Amended Letter of intent ( "LOI "), respectively, including exhibits attached thereto, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicants' request for Site Plan approval for the proposed Coventus Medical Office Building ( "MOB ") project (hereinafter referred to as the "Project ") located 1001 Main Street, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicants have provided information in the Application materials supporting the request for Site Plan Approval for the MOB; and WHEREAS, a public hearing was held on the matter on January 29, 2013at 8:15 a.m. where the Applicants presented the final design details for the Project; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code §511 -137 et. seq. and New York General City Law §27 -a, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the Site Plan as presented on January 29, 2013; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicant prepared a Full Environmental Assessment Form ( "FEAF ") as amended, and attached as Exhibit "H" to the Amended Application materials dated January 11, 2013, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board determined that the construction of the MOB, as part of the Buffalo Niagara Medical Campus -North End Development had the potential for significant adverse environmental impacts and required the preparation of a Draft Environmental Impact Statement ( "DEIS ") The MOB was originally reviewed by the City of Buffalo Planning Board ( "Planning Board ") acting as Lead Agency for the Buffalo Niagara Medical Campus - North End Projects. On September 23, 2008 the Planning Board determined that the BNMC -North End Projects had the potential for significant adverse environmental impacts and required the applicants to prepare a DGEIS. The original SEQRA process included the following: a Draft Generic Environmental Impact Statement ( "DGEIS ") dated October 7, 2008; a Final Generic Environmental Impact Statement ( "FGEIS ")dated January 13, 2009; and a Findings Statement dated January 23, 2009 ( "Findings Statement "). (The DGEIS, FGEIS and Findings Statement are referred to collectively as the "GEIS ".) Subsequent to the completion of the GEIS Findings, three projects (GVI, SNF, and MMTS) have proceeded with development based on the thresholds, criteria and mitigations established during the GEIS process. However, the MOB project (location and scope) has been modified from its original proposal, so a Draft Supplemental Environmental Impact Statement ( "DSEIS ") and Final Supplemental Environmental Impact Statement ( "FSEIS ") was prepared to assess the potential change in the impacts analyzed as part of the original SEQRA review process. Recognizing the nature of the changes, on September 101 2010, Ciminelli Real Estate Corporation ( "Project Sponsor ") submitted a draft scope and a Full Environmental Assessment Form ( "FEAF ") to the Planning Board to begin the SEQRA review of the MOB as proposed. The Planning Board agreed with this determination and on October 12, 2010, accepted the draft scope for the SETS. On November 23, 2010, the DSEIS was accepted as complete by the Planning Board. A public heating was subsequently held on December 21, 2010. The public comment period for the project was open until January 7, 2011 and on June 21,2011 the FSEIS was deemed complete; and WHEREAS, the Planning Board has determined that the potential environmental impacts of the Project have been minimized to the greatest extent practicable. Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for an approximately 503,000 square foot, 7 -story mixed -use medical facility on the east side of Main Street bounded by Goodrich Street to the north, High Street to the south and Ellicott Street to the east. The Project is approximately 127d: in height and a mix of concrete, steel and glass features. 2. That the Planning Board has made the following determinations with respect to the appli9cants request for Sate Plan Approval for the Project: a. That the Project will comply with the New York State Uniform Fire Prevention and Building Code; b. That the potential negative environmental impacts of the Project have been avoided and mitigated to the greatest extent practicable pursuant to the SEQRA review process and recommendations associated therewith arising from the EIS processes for the Project; c. That the proposed design for the Project is consistent with surrounding uses while minimizing its visual and aesthetic impacts upon nearby properties; d. The design of entrances and traffic circulation surrounding the Project minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; e. The Project, as proposed, is linked to existing and proposed transit stop waiting areas and shelters servicing the Buffalo Niagara Medical Campus; f. The Project will incorporate measures to minimize storm water runoff to the maximum extent practicable and will be subject to Buffalo Sewer Authority approval before final connections are permitted; g. The Project incorporates significant landscaping, both around the facility and with the incorporation of a green roof and exceeds City green space requirements for the Project Site; h. The Project provides adequate fire lanes, emergency zones and fire hydrants; i. The structure is not anticipated to result in any pOnding, flooding and /or erosion; and j. The Project's overall impact on the neighborhood will be positive and its design is compatible with the surrounding uses, structures and buildings. 3. That the Applicants will be required to obtain a height variance from the City of Buffalo Zoning Board of Appeals before building permits can be issued. 4. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 29th day of January 2013. Upon roll call vote: [City of Buffalo Planning Board Certification of Votes] RECEIVED AND FILED NO. 33 K. FLEMMING -DRAFT MICHIGAN ST AFRICAN AMERICAN HERITAGE CORRIDOR MNGT PLAN Dear Councilmembers: The Michigan Street African American Heritage Corridor Commission, Inc. is honored to present for your review and approval the draft copies of the Michigan Street African American Heritage Corridor Management Plan. Pursuant to New York Parks, Recreation and Historic Preservation (NYPRHP) - Article 41 - § 41.09 , the Management Plan must be approved by the Buffalo Common Council before it is submitted- to the NYPRHP Department. During approval process, the Council shall hold two public meetings. We request the meetings to be scheduled within 30 days, and we will make ourselves available to present a synopsis of this report, to answer any questions you might have mad to receive may recommendations you may have regarding the Corridor Management Plan. The Commission members have worked diligently to develop this draft Heritage Area Management Plan, with the assistance of Huntley /CHA Partners consulting firm leading an expert research and public input process. We believe the plan reflects the community's goals and objectives for the preservation, interpretation, economic development and recreational use of the cultural, historic, architectural and natural assets of the Michigan Street African American Heritage Corridor. We look forward to your review, input and approval, and ultimately to advancing this plan to the State NYPRHP Department for state level approval, so that it may serve as a guideline for future corridor development and revitalization. Sincerely, Karen Stanley Fleming Commission Chair REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 34 M. LOCURTO- DORCHESTER HOA- PROPERTY DAMAGE CAUSED BY CITY PLOWS Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on February 5 th 2013. Thank you in advance for your assistance in this matter. Sincerely, Michael J. LoCurto Delaware District Councilmember Dear Michael: The Dorchester Homeowners Association wanted to bring to your attention damage caused by the City's recent snow removal efforts (January, 2013). As you may be aware, our block is routinely recognized by both Buffalo in Bloom and the Garden Walk as having lovely gardens enjoyed by all who visit our neighborhood. These gardens are financed and maintained through the efforts and hard work of the homeowners. The recent snow removal destroyed curb work, ripped out bushes, broke a sidewalk, posing a tripping hazard, and destroyed the island median located at Dorchester and Bidwell. We have included pictures showing examples of the some of the damage; particularly to the railroad ties that border the median and are secured to the pavement. I am bringing this to your attention as we would appreciate your advocacy on behalf of the community to address these concerns. Please advise us on next steps so that this destruction can be repaired as early in the gardening season as possible and if you need additional information or would like more photos of the damaged areas, please do not hesitate to contact me at 882 -4530. Thank you in anticipation of your assistance in this regard. Yours truly, Michael Weiner, Treasurer Dorchester Homeowners Association REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 35 NYSDPT DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: Beginning on RTE 263 (Grover Cleveland Hwy) from its intersection with Rte 62 (Barley Ave) and continuing northeasterly for approximately 7500 feet to a point approximately 1000 feet north east of its intersection with North Ivyhurst Drive. Also, Beginning on Rte 62 (Bailey Ave.) approximately 1000 feet south of its intersection with NY Rte 5 (Main St.) and continuing north approximately 3500 feet to a point approximately 1200 feet north of its intersection with NY 263 (Grover Cleveland Hwy). Which is being reconstructed under Contract No. 262159 is hereby designated as a Restricted Highway. Designation of Restricted Highway shall expire on 8/31/2013. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and /or by direction by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways: all traffic control devices shall be considered as official traffic control- devices and shall conform to the manual and specifications for a uniform system of traffic -control devices adopted by the Department of Transportation. Joan McDonald Commissioner of Transportation RECEIVED AND FILED NO. 36 EXCERPTS FROM MICHIGAN STREET COMMISSION LEGISLATION: PARKS AND RECREATION LAW The Management Plan must be approved by the Buffalo City Council before it is submitted to NYS Parks. During the approval process, City Council shall hold two public meetings. • As set forth in Article 41, the Management Plan for the Heritage Corridor shall: o Designate the specific boundaries of the Michigan Street African American Heritage Corridor as depicted on a map accompanying the management plan; o Develop a vision, goals and objectives for the heritage corridor that focus on ensuring the educational benefit to the public and prohibiting incompatible uses within the heritage corridor; o Create an inventory of existing land and buildings under the jurisdiction of the state, public corporations, and the city of Buffalo; o Create an inventory of privately owned existing land and buildings; o Identify other land and buildings that can contribute to the purposes of the heritage corridor; o Recommend how the heritage corridor could be linked to other historic amenities and commercial assets and describe the techniques or means of preservation and protection of historic and cultural resources within the heritage corridor; o Evaluate how economic development activities in proximity to the heritage corridor can support, complement and sustain the development of the heritage corridor; o Describe the organization structure to be utilized for long range planning, development and management of the heritage corridor for a minimum often years, including the responsibilities and interrelationships of local, regional and state agencies in the management process and a program to provide maximum feasible private participation in the implementation of the management plan; o Include a plan for the development of the heritage corridor as an academic destination, which can provide opportunities for educational programs, Including advanced scholarly research for students of all educational backgrounds. Such plan may include, but not be limited to, academic symposia, lectures, archive collections, library collections and a museum; o Include an economic assessment of the long and short term costs and benefits related to the establishment, operation and maintenance of the heritage corridor, including a comprehensive estimate of the costs of implementing the management plan identified by source of funding and specifically delineating expected state, local, federal and private contributions; o Include a marketing plan, which Include measures to target niche market travelers and scholars. Such plan must include supporting evidence for targeting and should consider out -of -state marketing as allowable for in budgeting; and REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 37 C. SCANLON -D. KAMINSKI- RESPONSE TO THE SKYWAY RESOLUTION Attached please find a letter from the New York State Department of Transportation in response to the Skyway Resolution that was approved on December 11, 2012. As you may recall, the resolution urged the NYSDOT to fast track their Skyway plausibility review. Sincerely, Christopher P. Scanlon South District Councilmember Dear Councilmember Scanlon, Thank you for your letter to New York State Department of Transportation Commissioner Joan McDonald regarding the long -term future of the Buffalo Skyway and the related Buffalo Common Council resolution. Governor Cuomo is committed to contributing to the growth of the economy in Buffalo. He and the Western New York Regional Economic Development Council have highlighted the strong link between transportation and economic development As noted in your letter and in the Council resolution, the New York State Department of Transportation has committed to undertake a "plausibility review" to identify the critical issues associated with the continued existence or removal of the Skyway. This review will provide necessary information to decide on the next steps in the Skyway evaluation. It is important to understand that the Skyway has been well maintained and does not require major capital work currently; however, preservation work, such as replacement of the wearing surface and painting, at an estimated combined cost of $35 million, likely will be necessary within five to 10 years. The Buffalo Skyway remains an important component of the Buffalo metropolitan area transportation network, serving more than 40.000 passenger and freight vehicles a day. NYSDOT will complete our "plausibility review" and then use that information for thoughtful discussion on the long -term future of the Buffalo Skyway. If you have any questions or need additional information, please feel free to contact me at (716) 847 -3238. Sincerely, Darrell F. Kaminski Acting Regional Director, NYSDOT Region 5 RECEIVED AND FILED NO. 38 C. SCANLON -F. LANGDON -USE FOR GRAIN ELEVATOR AT SOUTH END MARINA I would like to file the attached letter for the next Common Council meeting to be held on Tuesday, February 5, 2013. Thank You, Christopher P. Scanlon South District Councilmember Councilman Scanlon, Please allow this to serve as a follow up to our meeting last week regarding the possible uses for our grain elevator at South End Marina. Bill and I are in the process of finding an advertising agency to explore advertising uses. Additionally, we are looking into plans and construction for an access road that would accommodate such use. In utilizing the elevator for commercial advertisement, it would be our plan to also include real time public service type of announcements such as: time, temperature and road closings or game scores for the Bills and Sabres. We could also utilize the elevator to promote the City itself with a "Welcome to Buffalo" greeting and provide information promoting local functions such as the Allentown Art Festival, Buffalo Chicken Wing Festival, etc. Last summer, the light show produced by the Erie Canal Harbor Development Corp. on the north side of our elevator created much excitement for the possible uses of our elevator. We axe looking to build upon the interest sparked by this event. We would like the support of the Council as we pursue these uses and the Council's support to obtain the permits that would necessarily be required for these types of uses. Thank you for sitting down with us to discuss our ideas to utilize the elevator in a fashion that would also promote the City. We look forward to your continued support in our endeavor to utilize a structure that stands as a symbol of Buffalo's industrial importance. New uses for this structure will serve to promote both Buffalo's past as well as its future while we build our waterfront into a destination. Sincerely, Fred D. Langdon Secretary, South End Marina REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 39 T. YOTS- APPOINT T. ROBINSON TO PRESERVATION BD REPRESENTING PRES BFLO NIA January 23, 2013 Paul McDonnell, Chair Buffalo Preservation Board City Hall Buffalo New York Dear Paul, I am writing to inform you that effective immediately Terry Robinson is appointed to the position on the Preservation Board representing Preservation Buffalo Niagara. Terry is a trustee of PBN and a valued and active member of the organization. At PBN w e feel that he will serve the Preservation Board ably and be a positive force for preservation in the community. Regards, Tom Yots Executive Director RECEIVED AND FILED PETITIONS NO. 40 S. MUCINO, OWNER, USE 494 FRANKLIN AKA 73 ALLEN ST -TO OPEN AN EXISTING RESTAURANT IN ALLEN STREET SPECIAL ZONING DISTRICT (HRG 02 /12)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 41 DESIGNATION OF NOMINEES FOR REAPPOINTMENT TO B D OF TRUSTEES BFLO & EC LIBRARY(MAYOR)(# 1, 1/22) Mr. Russell moved: That the above item be returned to the Common Council without recommendation. Mrs. Russell now moved to Approve. PASSED AYES - Fontana, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith 8, NOES - Franczyk 1 NO. 42 APPOINT FINANCIAL OPERATIONS ADM INISTRATOR(PROV)(INTER)(FANTON)(COM PT) CCP #20, 1/22 Mrs. Russell moved That Communication 20 of January 22, 2013, be received and Filed and that the Provisional Appointment of Richard Fanton, 193 W. Woodside, Buffalo, NY 14220 at the intermediate salary of $60,514.00 is Hereby Approved. PASSED AYES- 9 NOES- 0 NO. 43 APPOINT ACCOUNT CLERK TYPIST(PERM)(2 STEP)(MASULLO)(PW) CCP #28, 1/22 Mrs. Russell moved That Communication 28 of January 22, 2013, be received and Filed and that the Permanent Appointment of Stacey Masullo, 1042 Abbott Rd Upper, Buffalo, NY 14220 at the Second Step of $32,584.00 is Hereby Approved. PASSED AYES -9 NOES -0 NO. 44 APPOINT CAULKER SUPERVISOR I (PERM)(INTER)(SULLIVAN)(PW) CCP #29, 1/22 Mrs. Russell moved That Communication 29 of January 22, 2013, be received and Filed and that the Permanent Appointment of Perry Sullivan, 416 Ashland Avenue, Buffalo, NY 14222 at the Intermediate Salary of $38,580.00 is Hereby Approved. PASSED AYES -9 NOES -0 NO. 46 APPOINT SENIOR ENGINEER (MAX)(PERM)(HOFFERT)(PW) CCP #30, 1/22 Mrs. Russell moved That Communication 30 of January 22, 2013, be received and Filed and that the Permanent Appointment of Michael Hoffert, 55 Coburg St, Buffalo, NY 14216 at the Maximum Salary of $64,301.00 is Hereby Approved. PASSED AYES -9 NOES -0 NO. 46 APPOINT POLICE OFFICER(PER)(MAX)(MIN)( FELSHOW III, KIMMINS, MCDONALD, HERBERT, DEMBINSKA, SALEH, TRIPP, KOZLOWSKI, VELEZ, MCALISTER, SULLIVAN, CHRISTOPHER, NORWOOD, JR., WILSON, KAUSCH, ANDERSON, MORETTI, BANNISTER, KUBIAK, AMBELLAN, DICKENSON) CCP #32, 1/22 Mrs. Russell moved That Communication 32 of January 22, 2013, be received and Filed and that the Permanent appointments of Robert, D. Felshow III, 241 Oconnel Ave, Buffalo, NY 14210, David K. Kimmins, 439 Colvin Blvd Apt 1, Buffalo, NY 14216, Patrick J. McDonald, 39 Cushing Place, Buffalo, NY 14220 Nicholas R. Hubert, 140 Durant, Buffalo, NY 14220, Agrieezka Deminske, 7 Marine Dr, Buffalo, NY 14202, Sharsse L. Salah, 7 Willowlawn Street, Buffalo, NY 14214, Courtney A. Tripp, 124 Sidway Street, Buffalo, NY 14210, Anthony R. Kozlowski, 21 Eden Street, Buffalo, NY 14220 Jenny M. Velez, 247 Busti Avenue, Buffalo, NY 14201, Todd O McAlister, 88 Connelly, Buffalo, NY 14215, Thomas PASSED, Sullivan, 7Ward Court, Buffalo, NY 14220, Joseph J, Christopher, 76 Gallantin Avenue, Buffalo, NY 14207, Michael J. Norwood, Jr., 145 Hastings Ave, Buffalo, NY 14215, Gaisha Wilson, 715 Delaware Ave Apt 219, Buffalo, NY 14209, Michael A. Kausch, 18 Sunset Avenue, Buffalo, NY 14207, Andrea A. Anderson, 7 Peace Street, Buffalo, NY 14211 William J. Moretti, 26 Hancok Ave, Buffalo, NY 14220, John R. Bannister, 149 Hamburg St, Buffalo, NY 14204, David M Kubiak, 16 Arkansas, Buffalo, NY 14210, Mark D. Ambellan, 40 Strathmore Avenue, Buffalo, NY 14220, Kyma J. Dickinson, 63 John Paul Court, Buffalo, NY 14206, at the Minimum Salary of $48,893.00 is hereby approved. .PASSED AYES - 9 NOES - 0 NO. 47 APPOINT SPECIAL ASSISTANT TO THE CHIEF INFORMATIONAL OFFICER(EXEMPT)(HYPOLITE)(MIS) CCP #21, 01/22 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO.48 APPOINT SPECIAL ASSISTANT TO THE CORPORATION COUNSEL(EXEMPT)(THOMPSON)(CC) CCP #33, 01/22 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO.49 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP #50, 01/22 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 50 DISPOSITION OF REAL PROPERTY - 602 FOURTH STREET (ELL)(STRAT PLAN) (ITEM NO. 8, C.C.P., JAN. 22, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Buffalo Urban Renewal Agency (BURA) is authorized to accept title to 602 Fourth Street from the Buffalo Economic Renaissance Corporation; and That BURA is hereby authorized to transfer 602 Fourth Street to D'Youville College for $400,000.00 and the BURA Vice Chair is authorized to execute a quit claim deed to convey title to 602 Fourth Street to D'Youville College, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and BURA personnel is authorized to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of 602 Fourth Street to D'Youville College. PASSED AYES 9, NOES 0 NO. 51 DISPOSITION OF REAL PROPERTY - 602 FOURTH STREET (ELL)(STRAT PLAN) (ITEM NO. 90, C.C.P. JAN. 22, 2013) On a motion by Mr. Smith the Public hearing was opened 2nd by Mr. Golombek. Appearances: Mr. Pridgen Mr. Fontana Terrance Robinson Mr. Rivera Motion to close the public hearing 2"d by Mr. Rivera Motion to Approve 2nd by Mr. Golombek PASSED AYES 9, NOES 0 Mr. Golombek moved: That the above item be returned to the Council without recommendation. Mr. Golombek now moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated January 15, 2013, be received and filed; and That the Common Council hereby approves the sale of 602 Fourth Street, Buffalo, New York (Real Property) by the City of Buffalo Urban Renewal Agency (BURA) to D'Youville College for development of athletic fields and related improvements; and That BURA will obtain the title to the Real Property from the Buffalo Economic Renaissance Corporation for $1.00 and no more and subsequently transfer the parcel to the purchaser at the negotiated sale price of $400,000.00: and That the Common Council hereby approves BURA's acceptance of title to the Real Property from the Buffalo Economic Renaissance Corporation: approves the disposition of the Real Property by BURA to D'Youville College for the sale price of $400,000.00, and authorize the BURA Vice Chair to execute a quit claim deed to convey title to the Real Property to the Purchaser, said sale to be negotiated to finalization and approved as to from by BURA General Counsel; and authorizes pertinent BURA personal to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the sale of the Real Property. PASSED AYES 9, NOES 0 NO. 52 REPORT OF SALE- 123 ARKANSAS (NIA)(STRAT PLAN) (ITEM NO. 9, C.C.P., JAN. 22, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the offer from Mrs. Amino Mohamed, 127 Arkansas Street, Buffalo, New York 14213, in the amount of Two Thousand One Hundred Dollars ($2,100.00) for the purchase of 123 Arkansas, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 53 REPORT OF SALE - 34 HERMAN AND 36 HERMAN (FILL)(STRAT PLAN) (ITEM NO. 11, C.C.P., JAN.22, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the offer from Mr. Gordon Williams, 48 Courtland Avenue, Buffalo, New York 14215, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 34 Herman and 36 Herman, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 54 D. SERRA, OWNER, USE 1487 HEGEL AVE. TO RE- ESTABLISH EXISTING RESTAURANT AND SIDEWALK CAFE IN HERTEL AVE. SPECIAL ZONING DISTRICT (DEL) (EDPIS) (ITEM NO. 56, C.C.P., JAN. 22, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D. Serra, Owner of 1487 Hertel Avenue, to reestablish an existing restaurant and sidewalk card under new ownership in the Hertel Avenue Coastal Special District. PASSED AYES 9, NOE 0 NO. 55 A. ANTONUCCI, OWNER, USE 1197 HERTEL AVE. TO RE- ESTABLISH USE OF RESTAURANT IN THE HERTEL AVE. SPECIAL DISTRICT (DEL)(EDPIS) (ITEM NO. 57, C.C.P., JAN. 22, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of A. Antonucci, Owner of 1197 Hertel Avenue, to reestablish a restaurant in the Hertel Avenue Coastal Special District. PASSED AYES 9, NOE 0 NO. 56 J. LYONS, OWNER, USE 534 ELMWOOD TO OPEN EXISTING RESTAURANT IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (NIA)(EDPIS) (ITEM NO. 59, C.C.P., JAN. 29, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Lyons, Owner of 534 Avenue, to open an existing restaurant in the Elmwood Avenue Special Zoning District under new ownership. PASSED AYES 9, NOES 0 NO. 57 RESTAURANT DANCE CLASS LICENSE (RENEWAL) - 445 DELAWARE (EDPI) (ITEM NO. 39, C.C.P., JAN. 22, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; 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 License to Salvatore Buscaglia d /b /a Snooty Fox Lounge, located at 445 Delaware. PASSED AYES 9, NOES 0 NO. 58 RESTAURANT DANCE CLASS LICENSE (RENEWAL) - 1108 ELMWOOD (EDPI) (ITEM NO. 40, C.C.P., JAN. 22, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; 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 License to Robert Rabb d /b /a Mr. Goodbar, located at 1108 Elmwood. PASSED AYES 9, NOES 0 NO. 59 S. SHARE, AGENT, USE 1261 HERTEL TO ERECT A POLE SIGN (DEL) (DPIS) (ITEM NO. 41, C.C.P., NOV. 27, 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 the application of A. Shafie, to erect a 21' high pole sign accessory to an existing auto service station located at 1261 Hertel is hereby approved upon the following conditions: 1. Bottom of the sign should be no higher than 11 feet from the ground 2. Illuminated only during hours of operation PASSED AYES 9, NOES 0 NO. 60 USED CAR DEALER- 1082 KENMORE (DEL)(EDPI) (ITEM NO. 32, C.C.P., DEC 11, 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 the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Todd Lorenzo d /b /a Power Broker's, located at 1082 Kenmore upon the following condition: 13 vehicle limit PASSED AYES 9, NOES 0 RESOLUTIONS NO. 61 SPONSOR COUNCIL PRESIDENT AND LOVEJOY DISTRICT COUNCIL MEMBER RICHARD A. FONTANA AUDIT ON THE STREET LIGHTING SYSTEM IN THE CITY Whereas: City of Buffalo street lights that are down, have an outage or in need of repair not only pose a safety hazard for motorists and pedestrians, but the cost to residents of Buffalo is an added unnecessary expense to the taxpayers; and Whereas: An audit on the street lighting system has the potential to save the city hundreds of thousands of dollars and could result in compensation owed to the City of Buffalo by National Grid. In fact, an audit performed in the late 1990's resulted in reimbursements from Niagara Mohawk of more than S1 million; and Whereas: The audit could improve the efficiency with which National Grid handles downed lights in the future, which in turn will mean fewer crimes and accidents and safer streets for the citizens of the City of Buffalo; and Whereas: Providing a concise, shared directory for city workers and National Grid to work from will prevent billing errors of nonexistent or phantom street lights in the future as well; and Whereas: Proper auditing of the streetlights is necessary in that the City of Buffalo pays 93 cents per kilowatt per pole each day to National Grid for reported light outages. When a street light is reported down or functioning improperly, respective responders will be able to use the directory to assess and repair the item in an efficient manner; and Whereas: Managing and updating the directory will ensure that the City of Buffalo and National Grid maintain an open and accurate dialogue regarding the contract for street lights; and Whereas: Previous success in auditing the city's Street Lighting System should serve as motivation to follow through with plans again. Now Therefore Be It Resolved: That the Common Council request of the Comptroller Office to perform an audit of the city's Street Lighting System and that a comprehensive audit be prepared to recoup monies owed to the City of Buffalo. Such audit may also improve the performance of National Grid as it pertains to maintaining the street light and wiring system; and Be It Finally Resolved: That copies of this resolution be referred to the Comptroller's Office, Department of Public Works, Law Department and Public Service Commission. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON FINANCE NO. 62 BY: MESSERS FONTANA, FRANCZYK, AND SCANLON FEE WAIVER FOR 2013 OLD NEIGHBORHOOD ST. PATRICK'S DAY PARADE Whereas: Each year the Valley Community Center led by Ms. Peg Overdorf hosts the Old Neighborhood St. Patrick's Day Parade; and Whereas: This year the Old Neighborhood St. Patrick's Day Parade will be held on Saturday March 16th; and Whereas: The Old Neighborhood Parade exists as a unique and authentic representation of Irish - American culture by replicating the decorations and customs of the original St. Patrick's Day parade held by Irish - American immigrants in 1913, and Whereas: The Old Neighborhood Parade features annually over one hundred marching units and floats exhibiting the many influences of Irish heritage upon the Buffalo community; and Whereas: Since its inception in 1994 the Old Neighborhood Parade has grown exponentially to rival the downtown St. Patrick's Day Parade as one of the most highly anticipated St. Patrick's Day celebrations in Buffalo and Western New York; and Whereas: The large scale organization and production of the Old Neighborhood Parade is undertaken by the Parade Committee made up of volunteers and community supporters. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Office of Special Events to waive any and all permit and application fees associated with the 2013 Old Neighborhood St. Patrick's Day Parade; and Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Kimberly Trent, Director of the Office of Special Events. PASSED AYES 9, NOES 0 NO. 63 SPONSOR: COUNCIL MEMBERS FONTANA AND PRIDGEN FORMATION OF CAT TASK FORCE Whereas: The feral cat population has increased in recent years to the dismay of many City residents; and Whereas: Feral cat colonies can become large and cumbersome on neighborhoods by providing breeding grounds for rabies which poses the greatest danger to humans; and Whereas: This Honorable body has held a public hearing to discuss this crucial issue. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby requests that a Cat Task Force be developed to meet and provide recommendations to the Common Council on how to humanely address the overpopulation of feral /stray cats within the City. ADOPTED NO. 64 BY: MR. FRANCZYK AND ALL COUNCILMEMBERS NAME CITY -OWNED POCKET PARK AT 33 WHITNEY PLACE "PATTY PARETE PARK" WHEREAS: On December 5, 2006, Buffalo Police Officer Patricia "Patty" Parete and her partner Carl Andolina responded to a fight call, when they were shot at West Chippewa Street and Whitney Place by a 19- year -old criminal; and, WHEREAS: Although Officer Andolina was able to return to service, Officer Parete suffered severe injuries to her spinal cord, leaving her tragically paralyzed from the neck down; and, WHEREAS: Officer Parete struggled heroically for years against her severe injuries, but sadly passed away on February 2, 2013; and, WHEREAS: Police officers put their lives on the line every day to protect Buffalo's citizens; and, WHEREAS: It is fitting that the sacrifice our officers make in the line of duty be appreciated and recognized; and, WHEREAS: Residents of Whitney Place, members of the West Village Association and block club activists say it would be a respectful tribute to name the small city -owned pocket park at 33 Whitney Place, not far from where the officers were shot in 2006, the Patricia "Patty" Parete Memorial Park; and, WHEREAS: Residents of Whitney Place 'and block club leaders have indicated that they would ensure that the pocket park would be well- watched and maintained; and, WHEREAS: Community members have pledged to raise funds to put an appropriate commemorative monument for Officer Parete on the site; NOW THEREFORE BE IT RESOLVED: That the vest - pocket park at 33 Whitney Place be named the Patricia "Patty" Parete Memorial Park in honor of officer Parete. ADOPTED NO. 65 SPONSORED BY: COUNCILMEMBER FRANCZYK NEW YORK STATE REAL PROPERTY TAX LAW SECTION 1182 WAIVER FOR UNIQUE SITUATION AT 949 BROADWAY WHEREAS, New York State Real Property Tax Law ( "RPTL ") Section 1182 expressly provides that," [i]f' the governing body of any tax district shall determine that it is for the best interests of the tax district, it shall have the power, by resolution, to authorize the enforcing officer to permit the cancellation in whole or in part of any interest, penalties or other charges imposed by law to which the tax district or any other municipal corporation shall be lawfully entities ... "; and WHEREAS, 949 Broadway has been the location of the Despensata Corporation since it was purchased by board members in the winter of 2010 from Norstar Bank N.A., a not - for- profit charitable entity that focuses on Neighborhood Development and the cultural and historical preservation of Buffalo's Historic Polonia District and was exempt from property taxes as a result of its charitable status; and WHEREAS, the building was purchased by the Board in the name of the non- profit organization, and was intended exclusively for the activities of Despensata Corporation use and was in fact exclusively used for the duly incorporated not -for- profit corporation, and WHEREAS, the board of Despensata believed that at the time of purchase, that the building would become tax exempt, since it would be operated for charitable purposes; WHEREAS, unbeknownst to Despensata and the board members, NYS Real Property Tax Law Section 420- a requires that a building be both owned and operated by a not- for - profit corporation in order to qualify for the exemption, meaning that, by virtue of the titled owners for that period, the exemption did not apply; and WHEREAS, the property is owned by Despensata Corporation, and the tax liability is being paid with a payment plan by the organization in full, but interest and penalties continue to accrue on the amount due and owing; and WHEREAS, Despensata Corporation has invested thousands of dollars in the property, and has become an important contributor to both cultural landscape of Historic Polonia District, and to spur economic revitalization of the Broadway /Fillmore corridor; NOW, THEREFORE, BE IT RESOLVED that, given the unique circumstances under which the Board of Despensata Corporation originally purchased the property, the City of Buffalo hereby waives the penalties and interest currently owing on the property at 949 Broadway, pursuant to the authority granted to it by New York Real Property Tax Law Section 1182. PASSED AYES 9, NOES 0 NO. 66 BY: MR. GOLOMBEK RE: DISCHARGE COMMITTEE ON COMMUNITY DEVELOPMENT ITEM #14 C.C.P. NOV. 13, 2012 "ELMWOOD AT NOTTINGHAM SIGN WITHIN CITY ROW (PW)" Whereas: The above item is currently in the Committee on Community Development; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Committee on Community Development from further consideration of Item #14 C.C.P. Nov. 13, 2012 "Elmwood at Nottingham Sign Within City ROW (PW)" and said item is now before the Common Council for its consideration. PASSED AYES 9. NOES 0 NO. 67 BY: MR. GOLOMBEK ORDINANCE AMENDMENT CHAPTER 316- PEDDLING AND SOLICITING ARTICLE VIII - STREET VENDING IN DOWNTOWN SPECIAL DISTRICT The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Section 316 -42 of the Code of the City of Buffalo be amended to read as follows § 316 -42. Establishment of district. A. These regulations shall apply to the Special Downtown Vending District to be shown on maps filed in the office of the City Clerk and maintained in the office of the Commissioner of Permit and Inspection Services. Said Special Downtown Vending District is described as an area of the City of Buffalo bounded as follows: Beginning at a point where the north line of Edward street intersects with the west line of Franklin street, then continuing southerly along the west line of Franklin street to its intersection with the north line of Chippewa street; thence westerly along the north line of Chippewa street to its intersection with the west line of Delaware avenue; thence southerly along the west line of Delaware avenue to its intersection with the north line of Niagara square; then westerly and southerly following the line of Niagara square to its intersection with the north line of Jerge drive; thence westerly along the north line of Jerge drive and a line extended to the west line of South Elmwood avenue; thence southerly along the west line of South Elmwood avenue to a line extended from the south line of Perkins drive; thence easterly along a line extended from the line extended from the south line of Perkins street and along the south line of Perkins street to its point of intersection with the south line of Niagara square; then continuing westerly along the south line of Niagara square to its point of intersection with the west line of Delaware avenue; thence southerly along the west line of Delaware avenue to its intersection with the south line of Church street; thence easterly along the south line of Church street to its intersection with the west line of Pearl street; thence southerly along the west line of Pearl street to a line extended to the intersection of the west line of Commercial street with the south line of Marine drive; thence easterly along the south line of Marine Drive to its intersection with the west line of Main street, thence southerly along the west line of Main street to its intersection with the south line of Per street; thence easterly along the south line of Perry street to its intersection with the east line of Washington street; thence northerly long the east line of Washington street to its intersection with the south line of Exchange street; thence easterly along the south line of Exchange Street to its intersection with the east line of Oak street; thence northerly along the east line of Oak street to its intersection with the north line of Swan street; thence westerly along the north line of Swan street to its intersection with the east line of Ellicott street; thence northerly along the east line of Ellicott street to its intersection with the north line of Goodell street; thence easterly along the north line of Goodell street; thence easterly across Main streets following the northerly lines of Pearl and Edward streets to the intersection of the north line of Edward street with the west line of Franklin street, being the point and place of beginning. [(1) Bounded on the north and west: beginning at the northwest comer of Edward Street at its intersection with Franklin Street; thence southerly along the west side of Franklin Street to the northwest intersection of Franklin Street and Chippewa Street; thence westerly along the north side of Chippewa Street to the northwest intersection of Chippewa Street and Delaware Avenue; thence southerly along the west side of Delaware Avenue to Niagara Square; thence around the northerly rim of Niagara Square to the intersection of Jerge Drive; thence along the northerly side of Jerge Drive to the westerly side of South Elmwood; thence southerly along the west side of South Elmwood to the southerly side of Perkins Drive; thence easterly along Perkins Drive and around the southerly rim of Niagara Square to the southwest comer of Delaware Avenue; thence southerly along the west side of Delaware Avenue to the southwest comer of Church Street; thence easterly along the south side of Church Street to the southwest comer of Pearl Street; thence southerly along the west side of Pearl Street and continuing along a southerly line west of the War Memorial Auditorium and to the conclusion of Pearl Street at the northwest comer of Naval Servicemen's Park. (2) Bounded on the east as follows: beginning at the northwest intersection of Edward and Franklin Streets; thence easterly along the north side of Goodell Street to the northwest comer of Goodell and Ellicott Streets; thence southerly along the east side of Ellicott Street to the northeast comer of Ellicott and Swan Streets; thence easterly along the north side of Swan Street to the east side of Oak Street; thence proceeding southerly along the east side of Oak Street to the south side of Exchange Street; thence westerly along the south side of Exchange Street to the comer of Washington Street; thence southerly along the east side of Washington Street to its end.] B. The area described as the Special Downtown Vending District shall include all street area, sidewalks and areas in front of all properties, buildings and vacant lands fronting on said boundaries. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL Corporation Counsel By: Alan P. Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE CONNITTEE ON LEGISLATION NO. 68 SPONSOR: DELAWARE DISTRICT COUNCILMEMBER MICHAEL J. LOCURTO SUPPORT FOR NYS ASSEMBLY BILL A.88 AND A.824- REQUIRING CONTACT INFORMATION FOR VACANT STRUCTURES AND A GOOD FAITH STATUTE FOR OBTAINING A FORECLOSURE BY A LENDING INSTITUTION Whereas, vacant, abandoned and foreclosed homes have proliferated throughout New York State in over the last five years, and particularly in the City of Buffalo and Western New York; and Whereas, vacant structures that are not maintained for months or even years degrade and depreciate the value of the structure as well as the value of surrounding properties; and Whereas, lending institutions that hold mortgages on said vacant structures do not always -and are not required- to provide contact information for the party responsible for the maintenance of a vacant or abandoned structure; and Whereas, under current law, lending institutions are statutorily allowed to perpetually delay taking title on a foreclosed property, even though homeowners are typically evicted, simply so that they can skirt responsibility for the repairs and maintenance of said property, which in turn unfairly falls on concerned municipalities and neighbors; and Whereas, Assembly Bill A.88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide proper contact information for responsible parties regarding vacant structures and its maintenance; and require good faith in obtaining a foreclosure, respectively; and Whereas, requiring that a lending institution act in good faith in obtaining a foreclosure closes a legal loophole which allowed banks to keep a property's ownership ambiguous, effectively giving them the ability to determine when to assert themselves as owners, depending on market conditions, the condition of the property, and what best suits only their own economic interests; and Whereas, in light of these ongoing, unethical and detrimental business practices exercised regularly by banks, refining these statutory amendments as proposed in said Bills will help municipalities, homeowners and concerned neighbors ensure that banks conduct themselves responsibly and in the interest of the neighborhoods and communities in which these institutions make their fortunes; and Now, Therefore, Be it Resolved, That the City of Buffalo Common Council hereby supports the quick passage of Assembly Bills A. 88 and A.824 and respectfully requests that the state representatives for the City of Buffalo and our surrounding municipalities support the passage of said Bills; and Be it Further Resolved, That a copy of this resolution be sent to the appropriate parties, including Speaker Sheldon Silver, and the entire Western New York State delegation. ADOPTED NO. 69 SPONSOR: MICHAEL J. LOCURTO WAIVING PERMIT FEES FOR BUFFALO ORIENTEERING CLUB EVENT IN DELAWARE PARK WHEREAS: The Buffalo Orienteering Club of Buffalo will hold a new event in Delaware Park on September 8 th 2013 in which participants use a map to navigate from point to point in a park or forest; and WHEREAS: Such events typically attract 20 - 40 participants who will pay an entry fee of $5 per person; and WHEREAS: For an event of this size, the proceeds are likely to be less than the $200 fee required by the parks department. NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council hereby waives any permit or special event fees associated with holding the Buffalo Orienteering Club of Buffalo event in Delaware Park on September 8, 2013. PASSED AYES 9, NOES 0 NO. 70 BY: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER AMANDA LYNN HEARING WITH ERIE COUNTY LEGISLATURE Whereas: During the Legislative Meeting of the Common Council on January 29 2013 speaker after speaker questioned the Erie County Corners Autopsy completed for Amanda Lynn Wienckowski's murder from January 9, 2009; and Whereas: The Committee heard from the victims friends, and community advocates in how seeming the Erie County Conner acted irresponsibly in completing the initial autopsy report, and how subsequent evidence was produced yet the Erie County Corner refuses to change the cause of death to allow the Law Enforcement to investigate the real cause of death which said by other Corners to be homicide; and Now Therefore Be It Resolved; That the City of Buffalo Common Council requests that the Erie County Legislature call for a hearing to investigate fully the Erie County Corners offices and the facts behind Amanda Wienckowski's report to finalize the real cause of her death for law enforcement to pursue the case immediately to bring to just the guilty parties. Now Therefore Be It Further Resolved; That this resolution be forwarded Erie County Legislature. ADOPTED NO. 71 SPONSOR: COUNCIL MEMBERS PRIDGEN, FONTANA, SMITH, RUSSELL, FRANCZYK, GOLOMBEK, LOCURTO, RIVERA, AND SCANLON INVESTIGATION OF ERIE COUNTY MEDICAL EXAMINER'S OFFICE Whereas: The Legislative Committee of the Common Council of the City of Buffalo held a public hearing regarding the death and autopsy findings of Amanda Lynn Wienckowski on January 29, 2013; and Whereas: During this hearing, numerous discrepancies were noted between the Erie County Medical Examiner's findings and the findings of an independent medical examiner from California; and Whereas: In spite of the vast disparity in findings between the two medical examiner's offices, as well as another independent autopsy review performed by a different New York State certified physician, the Erie County Medical Examiner has not amended the cause of death of Ms. Wienckowski from drug overdose to homicide; and Whereas: A cause of death by the Erie County Medical Examiner of homicide would enable the Buffalo Police Department to conduct a full criminal investigation; and Whereas: The Erie County Medical Examiner's Office has failed to provide a concrete reason as to why Ms. Wienckowski's death cannot be labeled a homicide and their inability causes doubt with respect to said county office; and Whereas: The family of Ms. Wienckowski has been seeking closure to this tragic event for the past four years, which also leads this Council to wonder about the validity of other autopsies performed for those who do not have the same support system as this family. Whereas: Over the past four years the Erie County Legislature has approved over $10 million for the Erie County Medical Examiner's office without any answers regarding this particular case despite consistent public concern. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby support Ms. Wienckowski's family in seeking justice for the decedent; and Now Therefore Be It Further Resolved: That the Common Council of the City of Buffalo does hereby request that the Erie County Legislature expeditiously conduct a full and thorough investigation of the Erie County medical examiner s office to ensure that proper protocol was followed with the initial autopsy as well as with respect to challenged autopsy findings; and Be It Finally Resolved: That copies of this resolution be sent to representatives of the Erie County Legislature. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 72 SPONSOR: MR. PRIDGEN SUPPORT EXPANDED USE OF COCA COLA FIELD Whereas: Coca Cola Field, home of the Buffalo Bisons, has been a jewel in downtown Buffalo since its opening in 1988; and Whereas: In addition to Bison baseball games, which are played from April through early September, Coca Cola field occasionally hosts concerts, festivals and amateur baseball games; and Whereas: Many special events such as concerts, festivals, parades and other activities bring people to downtown and help create a vibrant atmosphere in our city; and Whereas: The City of Buffalo hosts hundreds of special events throughout the city. Many of these events are held in parks, public spaces or on city streets that are temporarily closed to host the event; and Whereas: Holding more of these special events at a central location like Coca Cola Field would be beneficial. It would relieve the stress on some of our already well -used parks and neighborhoods and would make put more activities in the downtown core; and Whereas: An expanded use of Coca Cola field to include more non -game day activities would be advantageous to the City of Buffalo and to downtown businesses; Now Therefore Be It Resolved: That the Common Council supports the use of Coca Cola Field for more special events that will bring more activity and people to downtown Buffalo; and Now Therefore Be It Resolved: That copies of the resolution be referred to the Buffalo Bison's, Department of Public Works, Parks and Streets, Administration Finance, Policy and Urban Affairs and Mayor Byron W. Brown for their review and comment. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 73 SPONSORED BY: COUNCILMEMBER PRIDGEN NEW YORK STATE REAL PROPERTY TAX LAW SECTION 1182 WAIVER FOR UNIQUE SITUATION AT 468 WASHINGTON STREET WHEREAS, New York State Real Property Tax Law ( "RPTL ") Section 1182 expressly provides that, "[i]f the governing body of any tax district shall determine that it is for the best interests of the tax district, it shall have the power, by resolution, to authorize the enforcing officer to permit the cancellation in whole or in part of any interest, penalties or other charges imposed by law to which the tax district or any other municipal corporation shall be lawfully entitled... "; and WHEREAS, 468 Washington Street has been the location of the Western New York Book Arts Center ( "WNYBAC ") since it was purchased by two WNYBAC Directors in the spring of 2008 from Kahaal Nahalot Israel, a not - for - profit charitable entity that published the Buffalo Jewish Review and was exempt from property taxes as a result of its charitable status; and WHEREAS, the building was purchased by the two Board members in their names, but was intended exclusively for WNYBAC use and was in fact exclusively used for the duly incorporated not - for - profit corporation, which lacked the funds to formally purchase the building in time for WNYBAC to host "Typecon ", an international conference that brought 400 visitors to Buffalo; and WHEREAS, the two board member purchasers of WNYBAC were advised by their attorney at the time of purchase, that the building would remain tax exempt, since it would continue to be operated for charitable purposes; WHEREAS, unbeknownst to WNYBAC and the two Board members, NYS Real Property Tax Law Section 420 -a requires that a building be both owned and operated by a not - for - profit corporation in order to qualify for the exemption, meaning that, by virtue of the titled owners for that period, the exemption did not apply; and WHEREAS, the property has subsequently been conveyed to WNYBAC, and the tax liability is being paid by the organization in full, but interest and penalties continue to accrue on the amount due and owing; and WHEREAS, WNYBAC has invested tens of thousands of dollars in the property, which, through its own programming and that of its tenant, Just Buffalo Literary Society, has become an important contributor to both the cultural landscape of Buffalo and Erie County and the economic revitalization of the Main /Mohawk/Washington Street corridor; NOW, THEREFORE, BE IT RESOLVED that, given the unique circumstances under which the two WNYBAC Directors originally purchased the property, the City of Buffalo hereby waives the penalties and interest currently owing on the property, pursuant to the authority granted to it by New York Real Property Tax Law Section 1182. PASSED AYES 9, NOES 0 NO. 74 SPONSORED BY: COUNCILMEMBER PRIDGEN NEW YORK STATE REAL PROPERTY TAX LAW SECTION 1182 WAIVER FOR UNIQUE SITUATION AT 107 DELAWARE AVENUE (THE STATLER BUILDING) WHEREAS, New York State Real Property Tax Law ( "RPTL ") Section 1182 expressly provides that, "[I]f the governing body of any tax district shall determine that it is for the best interests of the tax district, it shall have the power, by resolution, to authorize the enforcing officer to permit the cancellation in whole or in part of any interest, penalties or other charges imposed by law to which the tax district or any other municipal corporation shall be lawfully entitled... "; and WHEREAS, the Statler Building is a historic building located in the heart of Downtown Buffalo on Niagara Square; and WHEREAS, Niagara Square is the principal monumental public square of the City, the center of the City's historic street plan, and the center of the Joseph Ellicott Preservation District; and WHEREAS, the Statler Building comprises an essential architectural element of the Square as well as being a historic building in its own right; and WHEREAS, although it is an impressive structure, the Statler Building became part of an international bankruptcy proceeding and the bankruptcy trustees were ready to abandon the building; and WHEREAS, abandonment by the bankruptcy trustees would almost certainly have placed responsibility for the future of the building with the City of Buffalo; and WHEREAS, without a viable developer or reuse plan, demolition was the most likely outcome for the building; and WHEREAS, estimates of demolition were $20 million, the cost of which would have fallen upon the taxpayers of the City to absorb; and WHEREAS, although several other groups made efforts to acquire the building in bankruptcy, Statler City, LLC was the only entity that was prepared to procure the building; and WHEREAS, Statler City, LLC acquired the Statler Building from the bankruptcy trustees on March 16, 2011; and WHEREAS, Since acquiring the building, Statler City, LLC has invested approximately $7 million in interior improvements; and WHEREAS, in only nine months, Staler City, LLC took the Statler Building from a state of disrepair to holding a grand re- opening; and WHEREAS, the first floors of the Statler Building are now fully operational with two large banquet rooms, the Rendezvous Room, and the Lobby Bar on the first floor, and a dozen or so meeting spaces on the second floor; and WHEREAS, the hospitality operations of the Statler Building employ approximately 126 people; and WHEREAS, although the aforementioned portions of the Statler Building are now operational, the activated space represents only a small percentage of the 850,000 square feet of the building; and WHEREAS, Statler City, LLC intends to develop the building incrementally as funding and market demand permit; and WHEREAS, significant expenses remain for the development of the remainder of the building; and WHEREAS, Statler City, LLC is prepared to pay the property taxes that accrued on the Statler Building during the international bankruptcy proceeding even though Statler City, LLC did not own the building during that time; and WHEREAS, in addition to the unpaid taxes from this period, penalties and interest accrued due to the outstanding taxes; NOW, THEREFORE, BE IT RESOLVED that, it is in the best interest of the City of Buffalo to promote the continuing preservation of the Statler Building as an essential part of Niagara Square through the cancellation in whole of all interest and penalties imposed by law from the date of acquisition of the Statler Building by Statler City, LLC to the date of the final adoption of this resolution; and be it further RESOLVED, that the enforcing officer is authorized and directed to permit in whole the cancellation of all interest and penalties imposed by law from the date of acquisition of the Statler Building by Statler City, LLC to the date of the final adoption of this resolution PASSED AYES 9, NOES 0 NO. 75 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION FIRE APPARATUS - PURCHASE ACCOUNT 3000 -21 Bond Resolution of the City of Buffalo, New York. authorizing the issuance of $500,000 General Improvement Bonds of said City to finance the cost of acquisition of a new pumper for the Fire Department, at the estimated total cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the acquisition of new apparatus for the Fire Department including a heavy duty pumper. The estimated total cost of the specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500.000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "Fire Apparatus - Purchase - 2013 ", Bond Authorization Account No. 3000 -21, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount Of $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 27 of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bend anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the previsions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 76 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION SNOW FIGHTING APPARATUS- PURCHASE ACCOUNT 3000 -30 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $900,000 General Improvement Bonds of said City to finance the cost of acquisition of vehicles for street sanitation and snow plowing operations, at the estimated total cost of $900,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Nine Hundred Thousand Dollars ($900,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York the "Law "), to finance the cost of the acquisition of vehicles for street sanitation and snow plowing operations. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $900,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Streets. "Snow Fighting Apparatus- Purchase - 2013 ", Bond Authorization Account No. 3000 -30, and shall be used for the class of objects or purposes specified in Section 1 of this resolution, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $900,000 This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 28 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and. interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the previsions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 77 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION ALLEN STREET IMPROVEMENTS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the local share cost of preparation of surveys, preliminary plans and detailed plans, specifications for planning partial reconstruction and extension of Allen Street, in the City, at the estimated total cost Of$250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council] as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share cost of preparation of surveys, preliminary plans and detailed plans, specifications for planning partial reconstruction and extension of Allen Street in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Allen Street Improvements- 2013 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to he incurred by the City, pursuant to this Bond Resolution, in the maximum amount o1 $25(3,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 62(2 ND ) of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 78 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION BRIDGE REHABILITATION - VARIOUS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance Of$300.000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various bridges Citywide: at the estimated maximum cost of $300,000 The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Thousand Dollars ($300,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of various bridges Citywide. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Bridge Rehabilitation- Various, 2013 ", Bond Authorization Account No. 3000 -31, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said class of objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $300,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 10 of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5 Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 79 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION ELLICOTT STREET IMPROVEMENTS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $802,500 General Improvement Bonds of said City to finance the local share cost of partial reconstruction of Ellicott Street from Goodell to Best Street, in the City, at the estimated total cost of $802,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Eight Hundred Two Thousand Five Hundred Dollars ($802,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share cost of partial reconstruction of Ellicott Street from Goodell to Best Street in the City, including design and construction, curb and sidewalk replacement, mill and overlay of street pavements, installation of ADA compliant ramps, landscaping, crosswalks, lighting, traffic signal upgrades and other related right of way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $802,500 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets. Division of Engineering, "Ellicott Street Improvements- 2013 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $802,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued with the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 80 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION INFRASTRUCTURE IMPROVEMENTS - CITYWIDE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $6,450,000 General Improvement Bonds of said City, to finance the cost of Citywide infrastructure improvements, at the estimated maximum cost of $6,450,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bends of said City in the principal amount of Six Million Four Hundred Fifty Thousand Dollars ($6,450,000), pursuant to the provisions of the Charter of said City and the Local Finance Law. constituting Chapter 33 -a of the Consolidated Laws of the State of New York ¢the "Law "), to finance the cost of Citywide roadway reconstruction, asphalt pavement, milling /resurfacing /rehabilitation, curbing, sidewalks, street lighting, traffic control systems, highway drainage, landscaping, and other related right -of -way enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $6,450,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2 The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Infrastructure Improvements - Citywide, 2013 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $6,450,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2 Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable for the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years (b) Current funds are not required by the Law m be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable read property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 81 BY: CHRISTOPHER SCANLON BOND RESOLUTION KENMORE AVENUE INFRASTRUCTURE IMPROVEMENTS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo New York, authorizing the issuance of $192,500 General Improvement Bonds of said City to finance the local share cost of partial reconstruction of Kenmore Avenue between Main and Starin Streets in the City, at the estimated total cost of $192,500. The Common Council Of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of One Hundred Ninety -Two Thousand Five Hundred Dollars ($192,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law'), to finance the local share cost of partial reconstruction of Kenmore Avenue between Main and Starin Streets in the City, including design and construction, curb and sidewalk replacement, mill and overlay of street pavements, installation of ADA compliant ramps, trees, landscaping, crosswalks, drainage, striping, lighting, traffic signal upgrades and other related right of way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $192z500 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Engineering, "Kenmore Avenue, Infrastructure Improvements - 2013 ", Bond Authorization Account No. 3000 -3 I, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, winch costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $192,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipatio thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and Interest on Said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bends and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 82 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION STREET LIGHTING - CITYWIDE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction to City -owned street lighting facilities, at the estimated maximum cost of $500.000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of improvements co City -owned street lighting facilities, including restoration of pavement, sidewalk, curb and other required right of way improvements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Street Lighting - Citywide, 2013 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 83 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION TRAFFIC SYSTEM IMPROVEMENTS - CITYWIDE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of City -owned traffic control facilities, at the estimated total cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law. constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of City -owned traffic control facilities, including traffic signal systems, restoration of pavement, sidewalk, curb and other right -of -way improvements and pavement striping. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works. Parks & Streets, Division of Engineering, "Traffic System Improvements - Citywide - 2013 ", Bond Authorization Account No. 3000 -31 and shall be used for the objects or purposes specified in Section 1 of fins resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred • by the City, pursuant to this Bond Resolution, in the maximum amount of $200.000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 90 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 84 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION CITY SERVICES BUILDING RECONSTRUCTION /RENOVATINN ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the existing North Buffalo Ice Rink Building located at 158 Tacoma Avenue, at the estimated total cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of the existing North Buffalo Ice Rink Building located at 158 Tacoma Avenue, including architectural services, structural, mechanical, plumbing, fire protection, and electrical systems. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. the proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Buildings, "City Services Building Reconstruction /Renovation - 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The folhiwhi8 additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution is to be issued within the limitations of Section 11.00 a. 12.(a)(2 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued hi anticipation thereof in accordance- with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 85 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION DOWNTOWN BALL PARK (COCA COLA FIELD) IMPROVEMENTS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing file issuance of $750,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Coca Cola Field located at Washington and Swan Streets in the City, at the estimated total cost of $750,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Seven Hundred Fifty Thousand Dollars ($750,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law':), to finance the cost of recreational area Improvements to Coca Cola Field located at Washington and Swan Streets in the City, including architectural services, structural, mechanical, plumbing, fire protection, and electrical systems improvements for the tent area, chiller and boiler replacement, glycol system upgrades, dugout roofs and replacement of seating. The estimated total cost of said specific object or propose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $750,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Buildings, "Downtown Ball Park (Coca Cola Field) Improvements- 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $750,000..This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current farads are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 86 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION FIRE STATION REHABILITATION -VARIOUS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various fire stations located throughout the City, at the estimated total cost of $400,000. The Common Council of the City of Buffalo, in the County of Erin, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of various fire stations located throughout the City, including architectural and engineering design services, and upgrades to life safety systems, foundations, basements walls, structural systems, exterior wall construction, roofing, interior construction, stairs, interior finishes, conveying systems (elevators, escalators, etc.), plumbing, HVAC. fire protection, electrical, communications, special construction where applicable; including Engine 3 - Upper HVAC and boiler replacement, Engine 2, 25, 26, and 37 roof replacements, and Engine 37 - asbestos inspection of apparatus bay ceiling, and remediation. The estimated total cost of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $406,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Fire Station Rehabilitation - Various - 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for winch bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400.000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the previsions of the constitution Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 87 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION HATCH RESTAURANT ADDITIONS & ALTERATIONS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,361,425 General Improvement Bonds of said City, to finance the cost of partial reconstruction to the Hatch Restaurant located at 329 Erie Street in the City, at the estimated maximum cost of $1,361,425. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Three Hundred Sixty One Thousand Four Hundred Twenty -Five Dollars ($1,361,425), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York [the "Law'), to finance the cost of partial reconstruction to the Hatch Restaurant located at 329 Erie Street in the City, consisting of new second floor addition, expansion of existing covered patio structure, replacement of existing ice cream stand and clam shack, as well as other alterations and upgrades to the architectural: structural, mechanical, electrical, and plumbing systems of the building. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,361,425 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Buildings, "Hatch Restaurant Additions & Alterations, 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,361,425. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution is to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby 'irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE BY: CHRISTOPHER P. SCANLON NO. 88 BOND RESOLUTION KLEINHANS MUSIC HALL REVITALIZATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance Of$171,200 General Improvement Bonds of said City to finance the cost of partial reconstruction of Kleinhans Music Hall, located at 1 Symphony Circle, in the City, at the estimated total cost of $171,200. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of One Hundred Seventy -One Thousand Two Hundred Dollars ($171,200), pursuant to the provisions of the Charter of said City and the Local Finance Law. constituting Chapter 33 -a of the Consolidated Laws of the State of New York —the "Law "), to finance the cost of partial reconstruction of Kleinhans Music Hall, located at 1 Symphony Circle in the City, including interior and exterior reconstruction and upgrades to the architectural and structural systems of the building consisting of the construction of new railings and ramps. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are m be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $171,200 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings. " Kleinhans Music Hall Revitalization- 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant m this Bond Resolution, in the maximum amount of $171,200. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are m be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9, of the Law. Section 5. Each of the bonds authorized by this resolution anti any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE BY: CHRISTOPHER P. SCANLON NO. 89 BOND RESOLUTION LIBRARY IMPROVEMENTS CITYWIDE ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $347,750 General Improvement Bonds of said City, to finance the cost of partial reconstruction of all City Library buildings, at the estimated maximum cost of $347.750. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1 The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Forty Seven Thousand Seven Hundred Fifty Dollars ($347,750), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of all City Library buildings, including architectural and engineering design services, and upgrades to life safety systems, foundations, basement walls, structural systems, exterior wall construction, roofing, interior construction, stairs, interior finishes, conveying systems (elevators, escalators, etc.), plumbing, HVAC, fire protection, electrical, communications, special construction where applicable. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $347,750 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "Library Improvements Citywide, 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the objects or purposes specified in Section 1 of thin resolution .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $347.750. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable m the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes Prevision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 90 BY CHRISTOPHER P. SCANLON BOND RESOLUTION MAJOR MUNICIPAL BUILDINGS RECONSTRUCTION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of major municipal buildings in various locations throughout the City, at the estimated total cost of $406,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Thousand Dollars ($400,000/, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of major municipal buildings in various locations throughout the City, including City Court - 8, 9, & 10 floor interior renovation. City Court - convert 4 u floor cafeteria to offices and City Court - replace basement overhead and main doors. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets„ Division of Buildings, "Major Municipal Reconstruction Buildings - 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400;000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 91 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION MILK CASINO EXTERIOR RENOVATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $214,000 General Improvement Bonds of said City to finance the local share cost of recreational area improvements to the MLK Park Casino building located at Humboldt Parkway in the City, at the estimated total cost of $214,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Two Hundred Fourteen Thousand Dollars ($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share cost of recreational area improvements to the MLK Park Casino building located at Humboldt Parkway in the City, including construction of new entrance doors, concrete steps, access ramp, and wheelchair lift to provide code compliant handicap accessibility to the building, window and door replacement, brick re- pointing, new concrete paving, partial roof reconstruction, exterior pergula reconstruction and new exterior lighting. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $214,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "MLK Casino Exterior Renovation - 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interfund basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 92 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION BPD BUILDING RECONSTRUCTION BUFFALO POLICE PRECINCT ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various Police Department Precinct buildings located in the City, at the estimated total cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various Police Department Precinct buildings located in the City, including; Headquarters 1 sc floor restroom rehabilitation, A District roof replacement, Headquarters boiler replacement and upgrades, and A District floor replacement. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings. "BPD Building Reconstruction Buffalo Police Precinct - 2013 ", Bond Authorization Account No 3000 -32, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400.000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a)The probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 93 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION POLAR BEAR EXHIBIT - BUFFALO ZOO ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $550,000 General Improvement Bonds of said City to finance the local share cost of recreational area improvements to the Polar Bear Exhibit at the Buffalo Zoo, located at 300 Parkside Avenue in the City, at the estimated total cost Of$550,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Five Hundred Fifty Thousand Dollars ($550,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share cost of recreational area improvements to the Polar Bear Exhibit at the Buffalo Zoo, located at 300 Parkside Avenue in the City, including architectural services, structural, mechanical, plumbing, fire protection, roofing, and electrical improvements. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $550,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Streets & Parks, Division of Buildings, "Polar Bear Exhibit- Buffalo Zoo -2013, Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $550,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.535 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19.(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance, with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 Ofthe Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 94 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION JOHNNIE B. WILEY IMPROVEMENTS ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo; New York, authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to the 3ohnnie B. Wiley athletic facility in Mulroy Park, in the City, at the estimated total cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds Of said City in the total principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to the Johnnie B. Wiley athletic facility in Mulroy Park in the City, including acquisition and installation of new stadium lighting and other improvements. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks," Johnnie B. Wiley Improvements- 2013 ", Bond Authorization Account No. 3000 -40, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.535 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the Law, is fifteen (15) years (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 96 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION PARKS INFRASTRUCTURE IMPROVEMENTS - CITYWIDE ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,823,900 General Improvement Bonds of said City to finance the cost of recreational area improvements to various parks located throughout the City, at the estimated total cost of $1,823,900. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Eight Hundred Twenty -Three Thousand Nine Hundred Dollars ($1,823,900), pursuant to the provisions of the Charter of said City and the Local Finance Law. constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to various parks located throughout the City, including but not limited to Broderick, Collins. Tyler Lykos. Glenny, Sole, Massachusetts Avenue. Ramsdell /Gay, Okell, Shoshone, Minnesota Linear, and Roosevelt Park, consisting of architectural services. electrical, plumbing, mechanical upgrades, landscaping, and site improvements, security upgrades and purchase of equipment. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,823,900 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2 The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued In anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Parks Infrastructure Improvements, 2013 ", Bond Authorization Account No. 3000 -40 and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,823,900. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 96 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION PARKS VEHICLES AND EQUIPMENT PURCHASE ACCOUNT 3000 -40 Bend Resolution of the City of Buffalo, New York„ authorizing the issuance of $225,000 General Improvement Bonds of said City to finance the cost of acquisition of vehicles and equipment for parks and recreation operations throughout the City, at the estimated total cost of $225,000. The Common Council of the City of Buffalo, in the County of Erin, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Twenty -Five Thousand Dollars ($225,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the acquisition of vehicles and equipment for parks and recreation operations to upgrade the fleet throughout the City, including but not limited to one ton dump trucks, pink -up lucks, zero turn mowers and trailers. The estimated total cost of said class of objects or pro -poses for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $225,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Parks Vehicles and Equipment Purchase - 2013" Bond Authorization Account No. 3000 -40, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $225,000. This Resolution is a declaration of Official Intent adopted pursuant m the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bands authorized by this resolution are to be issued within the limitations of Section 11.00 a. 28 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the previsions of the constitution. introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 97 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION MONUMENT RESTORATION ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance Of$238,610 General Improvement Bonds of said City to finance the cost of restoration of City -owned artwork located throughout the City, at the estimated total cost of $238,610. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thirty -Eight Thousand Six Hundred Ten Dollars ($238,610), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of restoration of City -owned public monuments and artwork located throughout the City including but not limited to the McKinley Monument in Niagara Square, Commodore Oliver Hazard Perry Monument in Front Park, and the Soldiers and Sailors Monument in Lafayette Square. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $238,610 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Monument Restoration - 2013 ", Bond Authorization Account No. 3000 -40, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $238,610, This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution arc to be issued within the limitations of Section 11.00 a. 76 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 98 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION TREE REMOVALS & PLANTINGS - CITYWIDE ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $642,000 General [Improvement Bonds of said City, to finance the cost of removal of dead or diseased trees and the planting of new trees located throughout the City, at the estimated maximum cost of $642,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Six Hundred Forty -Two Thousand Dollars ($642,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the removal of dead or diseased trees and the planting of new trees located throughout the City including parks, City rights -of -way and in City -owned vacant lots. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $642,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Tree Removals & Plantings, - Citywide, 2013 ". Bond Authorization Account No. 3000 -40, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $642,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution arc to be issued within the limitations of Section 11.00 a. 57 (1 st) of the Local Finance Law, is five (5) years (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for We punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6 The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 99 BY: CHRISTOPHER P. SCANLON BOND RESOLUTION DEMOLITIONS - EMERGENCY CONDITIONS - CITYWIDE Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,003,000 General Improvement Bonds of said City, to finance the cost of demolition of various City -owned and private buildings which pose a significant threat to public health or safety, at the estimated maximum cost of $3,003,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Million Three Thousand Dollars ($3,003,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of demolition of various City -owned and private buildings which pose a significant threat to public health or safety. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,003,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Permits and Inspections, Division of Housing and Enforcement, "Demolition - Emergency Conditions, 2013 ", Bond Authorization Account No. 3000 -65, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,003,000. This Resolution is a declaration of Official intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 89 of the Law, is five (5) years (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.9. of the law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of suck publication, or (c) Such obligations are authorized in 'violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 100 BY: MR. SCANLON FEE WAIVER FOR 2013 ST. PATRICK'S DAY PARADE Whereas The St. Patrick's Day Parade, founded in 1940 by the United Irish American Association, is held every year; and Whereas The St. Patrick's Day Parade takes place on Delaware Avenue, beginning at Buffalo's City Hail and ending at North Street; and Whereas This year, the St. Patrick's Day Parade actually falls on St. Patrick's Day and will be held Sunday March 17th; and Whereas: The St. Patrick's Day Parade is Buffalo's largest celebration of Irish Heritage; and Whereas The St. Patrick's Day Parade features a variety of marchers, including: civic organizations, politicians, community organizations, Irish step dancers, school bands, and many more; and Whereas The St. Patrick's Day Parade draws thousands of people into downtown Buffalo; and Whereas The large cost and production of the St. Patrick's Day Parade is undertaken by the United Irish American Association, volunteers, and community supporters. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Office of Special Events to waive any and all permit and application fees associated with the 2013 St. Patrick's Day Parade; and Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Kimberly Trent, Director of the Office of Special Events. PASSED AYES -9 NOES -0 NO. 101 BY MR. DEMONE SMITH APPOINTMENT SR. LEGISLATIVE ASSISTANT COUNCIL STAFF Whereas: Doris Corley has served twenty years of human service and not for profit experience, Excellent leadership skills, case management, problem solving and community engagement; and Whereas: Doris has knowledge of working with diverse population impacted by poverty and knowledge of needs based programs and community resources; and Whereas: Doris is also a active member of University District Block Club Coalition; and Whereas: Doris graduated from State University of New York at Buffalo with a Masters of Social Work Now, Therefore, Be It Resolved: Doris Corley be appointed Senior Legislative Assistant within the Common Council Central Staff Office, effective February 5, 2013. Majority Leader Masten District Councilmember ADOPTED NO. 102 BY COUNCILMEMBERS SMITH, FONTANA, RUSSELL, GOLOMBEK, PRIDGEN, SCANLON, FRANCZYK, RIVERA, LOCURTO BUFFALO COMMON COUNCIL SUPPORT OF GREATER BUFFALO SPORTS AND ENTERTAINMENT COMPLEX, LLC (GBSEC) Whereas: The Greater Buffalo Sports and Entertainment Complex, LLC (GBSEC) has filed a proposal for the development of a landmark Sports, Entertainment, Conference and Museum Complex on the Buffalo Outer Harbor with the Erie County Legislature and the Buffalo Common Council asking for a Resolution of The Sense of this Body; and Whereas: GBSEC has made presentations to the Buffalo Common Council, the Mayor of the City of Buffalo and the Niagara Frontier Transportation Authority in the recent past, as well as, submitted such proposal to the Governor and State of New York; and Whereas: In Recognition of the fact that GBSEC has retained the pre- eminent sports and entertainment complex design and development firm, HI(S, Inc. of Dallas, Texas, the stadium development firm working most closely with the National Football League in building successful and Super Bowl grade facilities, as its project designer and manager; and Whereas: Recognition of the stated objective of GBSEC and public acknowledgement by The Strong Museum of Rochester that the two parties hope to collaborate to develop the Nation's First Museum of Sport & Competition on the Outer Harbor site; and Whereas: We recognize that the GBSEC proposal seeks to create a publicly accessible green and environmentally progressive waterfront environment, as well as create significant economic, job, and destination tourism opportunities for our community. Now, Therefore, Be It Resolved: This the Common Council of the City of Buffalo does unanimously declare its support for continued exploration and the exercise of due diligence to study the feasibility of the GBSEC proposal, including making our resolve known to other branches of government and public authorities, as well as, the National Football League, in the hope that a proposal, such as this will result in keeping the Buffalo Bills in WNY and in the City of Buffalo well beyond the term of the current lease - and with the expectation that the proposed project will create significant, new economic ]opportunities similar to the recent experience of the City of Indianapolis. ADOPTED NO. 103 SPONSORS COUNCIL MEMBERS SMITH, FONTANA, RUSSELL, AND PRIDGEN IRREGULARITIES AT THE ERIE COUNTY BOARD OF ELECTIONS Whereas Erie County taxpayers fund the Board of Elections an average of $1.3 million yearly to conduct fair and impartial elections; and Whereas Council offices have received numerous complaints regarding voting irregularities during elections over the past few years with no public hearings or resolve to their complaints; and Whereas The Erie County Board of Elections has changed district boundaries, polling locations and made rulings on ballots and voter intent. The current Chairman of the Erie County Legislature filed a lawsuit regarding these issues; and Whereas Weighted voting in some electoral districts has been greatly exaggerated and zone realignment has been questionable for the election of zone leaders who appoint polling inspectors which are paid by taxpayer funds. There is now a question of validity to zone realignment and weighted voting changes; and" Whereas Neighborhoods have been divided; one citizen wrote to the Council questioning if the changes are in violation of the Voting Rights Act of 1965; and Whereas: The Common Council was not notified of nor involved with the intended zone changes; and The common practice has been for the Common Council to consider zone leaders' and committee members' endorsements to fill Council Member vacancies. However, the Council has moved away from this practice. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the Erie County Legislature conduct a review of the Erie County Board of Elections to ensure they provide an efficient, voter friendly and fair election process; and Be It Further Resolved: That the Erie County Legislature hold a public hearing regarding voting irregularities and establish rules and or policies on: A sixty day notification of polling site changes Clarification of voter intent Absentee ballots and affidavits have the same rules and regulations when defining voter intent Be It Finally Resolved: That copies of this resolution be sent to the Erie County Legislature. ADOPT REOLVES, THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AYES — FONTANA, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH - 8 NOES — FRANCZYK -1 NO. 104 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND EVENT FEES FOR VARIOUS EVENTS 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 activities required or regulated under the provisions of various chapters of the Code; and WHEREAS: The Masten District Annual Easter Egg Hunt will be held Saturday, March 30 2013; and WHEREAS: The Buffalo Museum of Science "Beerology" will be held Saturday, April 13, 2013; and WHEREAS: The Buffalo Museum of Science "Bubblefest" will be held Saturday, May 11, 2013; and WHEREAS: Juneteenth will be held June 15 & 16, and WHEREAS: The Buffalo Museum of Science "Starlights" will be held Saturday, June 29, 2013; and WHEREAS: The Masten Jazz Festival will be held July 21 & 28; and WHEREAS: Gospel Fest will be held Saturday July 27, 2013; and WHEREAS: The Pine Grill Reunion will be August 4 & 11; and WHEREAS: Taking It To The Streets will be held August 17 & 18; and WHEREAS: Jefferson Arts Festival will be held Sunday, August 25, 2013; and WHEREAS: The Buffalo Museum of Science "Gala" will be held Saturday, October 19, 2013; and NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park Rental and Event Fees for the above listed events, BE IT FURTHER RESOLVED: That the City clerk forward a copy of this resolution to the Commissioner of the of Public Works, Parks, and Streets PASSED AYES -9 NOES -0 NO. 106 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. SEE ATTACHED LIST ADOPTED Total: 18 Adopted 2/05/13 Charlene A. Cherry Susan Cooley Doris Corley Santos Diaz Marilyn M. Diehl Michelle Dycha Martin H. Forero Shelly Goodwin Daryl Krakowiak Keith LaFalce Sandra J. Mayes Sean T. O'Brien Sarah Pearson - Collins Mary T. Plewinski Genevieve A. Rak David A. Rodriguez Marvin V. Sanford Vickie L. Smith NO. 106 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 12, 2013 at 9:45 o'clock AM Committee on Finance Tuesday, February 12, 2013 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, February 12, 2013 at 1:00 o'clock PM Committee on Legislation Tuesday, February 12, 2013 at 2:00 o'clock PM (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 aiven for notification. it will be provided. In addition. there may be meetinas set up wherebv 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. 107 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:01 PM GERALD CHWALINSKI CITY CLERK