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Home My WebLink About15-0203NO. 3 PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 3, 2015 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt - Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG NA AYC) R DATE February 3, 2015 FINAL MAYOR - EXECUTIVE 188- 1. Strat Plan- Amendment of Linwood Preservation District to Include PERMITS AND INSPECTIONS 215- 28. 216- 29. 217- 30. 218- 31. 219- 32. 220- 33. 221- 34. 222- 35. 223- 36. PARKING Flea Market - 1443 -1517 Clinton(Fill) 2015 Food Store License Renewals "AMENDED" Food Store License(New) -152 Allen(Fill) Food Store License(New) -1245 E. Delevan(Lov)_ Food Store License(New) -160 Doat(Fill) Food Store License(New) -472 Normal(Nia) Mobile Food Truck -7 Scott St -716 Food and Sport, Used Car Dealer -289 Ramsdell(North) Used Car Dealer -1338 West(Nia) 224- 37. 1524 & 1526 Main St. LEG 189- 2. Strat Plan- Disposition of Real Property 240 and 260 Lakefront Blvd CD 190- 3. Strat Plan- Report of Sale 764 Kensington(Mas) APP 191- 4. Strat Plan- Report of Sale -815 Kensington(Mas) APP 192- 5. Strat Plan -1318 Niagara St. Remediation- Request for Funds to Complete CD 193- 6. Strat Plan- Request for City to Lease 500 Seneca St for a Parking Lot CD COMPTROLLER R &F 194- 7. Certificate of Necessity- Community Services R &F 195- 8. Certificate of Necessity- Judgement and Claims R &F 196- 9. Letter to National Grid Regarding Overcharges FIN PUBLIC WORKS 197- 10. Change Order #1 -Bridge Construction & Consultant Contract APP 198- 11. Change in Contract -City Hall Cafeteria Ventilation APP 199- 12. Change in Contract Schiller Park Senior CC APP 200- 13. Handicap Within City ROW -422 Auburn APP 201- 14. Increase in Encumbrance - Public Improvements Hennepin Park CC APP 202- 15. Increase in Encumbrance - Public Improvements Consulting Services APP 203- 16. Increase in Encumbrance - Restoration of Public Monuments APP 204- 17. Permission to Accept Grant Funds and Enter into Agmt with NYS Urban Dev Corp d /b /a Empire State Dev(EII &Fill) APP 205- 18. Permission to Amend Contract -Phase I Energy Improvements at Col Ward High Lift Pumping Facilities(Ell) APP 206- 19. Permission to Hire for 2015 -16 Citywide Tree Mngt & Planning FIN 207- 20. Permission to Purchase Spreader Bodies APP 208- 21. Replace 16" Water Dist LineUnder South Park Ave Bridge APP 209- 22. Report of Bids - Kenmore Avenue Reconstr Project (Univ) APP 210- 23. Report of Bids - Renovations to City Court - Fourth Floor -50 Delaware(Ell) APP 211- 24. Request for Approval for Ice Rink MngtBtwn COB & NB Bison Hockey Assoc & COB & Dominik Hasek Youth Hockey League FIN 212- 25. Appoint Supervisor Streets Sanitation I(Weimer)(Prov)(Inter) CS 213- 26. Appoint Truck Driver(Scan Ion) (Prov)(Max) CS POLICE 214- 27. Acceptance of Citizen Preparedness Services- Homeland Security APP PERMITS AND INSPECTIONS 215- 28. 216- 29. 217- 30. 218- 31. 219- 32. 220- 33. 221- 34. 222- 35. 223- 36. PARKING Flea Market - 1443 -1517 Clinton(Fill) 2015 Food Store License Renewals "AMENDED" Food Store License(New) -152 Allen(Fill) Food Store License(New) -1245 E. Delevan(Lov)_ Food Store License(New) -160 Doat(Fill) Food Store License(New) -472 Normal(Nia) Mobile Food Truck -7 Scott St -716 Food and Sport, Used Car Dealer -289 Ramsdell(North) Used Car Dealer -1338 West(Nia) 224- 37. Appoint Dispatcher(Perm)(Max)(Hahn) CS CITY CLERK 225- 38. Notice of Intention - Request Name Change of Squaw Island to "Divided Island" - Dedyowenoguhdoh(hrg 3/3/15) R &F 226- 39. Board of Ethics Meeting Minutes - December 2014 R &F 227- 40. Items returned by Mayor without Approval /Disapproval(ccp# 178, 181 1/20/15) R &F 228- 41. Liquor License Applications R &F 229- 42. Leaves of Absence R &F 230- 43. Notices of Appointments- Temp /Prov /Perm CS APP LEG LEG LEG LEG APP APP APP APP W /COND MISCELLANEOUS 231- 44. LP Ciminelli -Board Packet Documents January 2015 CD 232- 44A M. Connelly- Minutes Buffalo Fair Elections Committee LEG 233- 45. C. Diangela- Request Naming Squaw Island Squalk Island R &F 234- 45A J. Golombek- Liberty Cab Request The COB Add Additional Licenses TAXICAB 235- 46. A. LoRusso- Notice Brownfield Cleanup to Begin 295 Maryland St R &F 236- 46A F. Mesiah -NAACP Requests CC Resist Any Request to Name Any Bond Resolution- Infrastructure Improvements- Citywide Fontana Structure and /or Areas in COB After Former US Pres Millard Fillmore CD 237- 47. NYSDEC - Brownfield Cleanup Program- Public Comment 73 -79 W. Huron St R &F 238- 47A J. Pitts - Request Support- Michigan St Pres, Broadway and William St Fontana Bond Resolution - Shoreline Trail Rehabilitation Commercial Areas in the Building Better Buffalo Fund CD,OSP 239- 48. H. Sontag Jr -Bflo CAN -Pet Food Pantry Letter of Intent PW,CC 240- 49. Veolia Buffalo Wtr- Annual Water Audit Report Yr Ending 6/30/14 R &F 241- 50. R. Whelan -TWC Response Regarding Recent Rate Increase LEG PFTITIC)NS Fontana f•I VA 51. J. Akhtar, Owner, Use 1344 E. Delavan -New Applicant for Existing Second -Hand Dealer and Retail Sales Storefront in the Genesee -East Delavan Special Zoning District(Univ)(Hrg 2/24) RESOLUTIONS 258 - 259- 260- 261- 262- 263- 264- 265- 266- 267- 268- 269- 270 - 271- 272- 273- 274- 275- 276- 277- 278- 279- 280- 281 - 282- 283- 284- 285- 286- 287- 288- 289- 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 290- 84 Fontana Bond Resolution -Fire Apparatus Purchase Fontana Bond Resolution- Street Vehicle Purchase Fontana Bond Resolution -Allen St BNMC Improvements Fontana Bond Resolution- Bridge Rehabilitation- Various Fontana Bond Resolution -Elk & Ohio St Rehabilitation(Planning Bond)_ Fontana Bond Resolution -Erie Basin Marina Rehabilitation Fontana Bond Resolution- Genesee St Improvements Fontana Bond Resolution- Hamburg St Boat Docks Improvements Fontana Bond Resolution- Infrastructure Improvements- Citywide Fontana Bond Resolution- Kenmore Ave Reconstruction Fontana Bond Resolution- Niagara St Improvements -Phase II Fontana Bond Resolution- Niagara St Gateway Improvements Phase III &IV Fontana Bond Resolution - Shoreline Trail Rehabilitation Fontana Bond Resolution -S. Park Loop Bridge Rehabilitation Fontana Bond Resolution - Allendale Theater Upgrades Fontana Bond Resolution- Broadway Market Floor Rehabilitation Fontana Bond Resolution -Caz Park Casino Improvements Fontana Bond Resolution -City Court Renovations Fontana Bond Resolution- Downtown Ballpark Improvements Fontana Bond Resolution -Fire Station Improvements Fontana Bond Resolution - Library Building Renovation Fontana Bond Resolution - McKinley Monument Restoration Fontana Bond Resolution- Museum of Science Roof & Masonry Reconstruction Fontana Bond Resolution - Police Precincts Renovation Fontana Bond Resolution - Reptile House(Zoo) Roof Replacement Fontana Bond Resolution - Delaware Park Stage Infrastructure Fontana Bond Resolution - LaSalle Park Phase II Fontana Bond Resolution - Schiller Park and Pond Improvements Fontana Bond Resolution - Demolition- Emergency Conditions Citywide_ Fontana Transfer of Funds - Community Services Fontana Transfer of Funds - Judgement and Claims Pridgen Set Public Hrg Disposition of Real Property BURA 240 and 260 Lakefront Boulevard Pridgen Disposition of Real Property BURA 240 and 260 Lakefront Blvd(hrg 2/17) 291- 84A Scanlon Disch Leg -ccp# 13 -42 11/26- Lodging House 292- 85 293- 86 294- 87 License -557 Hertel (North) (EDP I) Wyatt Budget and Personnel Amendment -Human Resources Wyatt Comm of Deeds - Public Duties Wyatt Comm of Deeds ADOPT D/C APP CS ADOPT ADOPT ADOPT CD FIN FIN FIN FIN FIN FIN FIN APP APP LEG,CPBD FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN FIN TABLED SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 243 -1. 15 -73 Com Jan 20 Appoint Deputy Commissioner of PW, Bldgs & Energy J. Fraser, Owner, Use 244 aka 242 Allen to Re- Establish a Restaurant and Sidewalk Patio in the Allen District(Fill)(hrg 1/27) APP Mngt(Sonubi)(PW) APP 244 -2. 15 -74 Com Jan 20 Appoint Equipment Operator(Prov)(Inter)(Vance Jr)(PW) APP 245 -3. 15 -87 Com Jan 20 Appoint Report Technician(Perm)(Third Step)(Virgil)(Pol) APP 246 -4. 15 -88 Com Jan 20 Appoint Assistant Corporation Counsel II(Perm)(Hannibal IV)(CC) APP 247 -5. 15 -98 Com Jan 20 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 248- 6. 15 -116 No Jan 20 C. Walker- Update on Seneca Buffalo Creek Casino R &F 249- 7. 14 -2439 Com Dec 9 Report of Sale 381 Broadway(EII)(Strat Plan) APP 250- 8. 14 -2441 Com Dec 9 Report of Sale 226 Prospect(EII)Strat Plan) APP 251- 9. 14 -2233 No Oct 28 Report of Sale -188 Tenth and 241 Hudson(EII)(Strat Plan) ( #14 -2060, 10/14) APP LEGISLATION 252- 10. 15 -119 No Jan 20 J. Fraser, Owner, Use 244 aka 242 Allen to Re- Establish a Restaurant and Sidewalk Patio in the Allen District(Fill)(hrg 1/27) APP 253-11. 15 -120 No Jan 20 D. Buckley, Agent, Use 1487 Hertel to Re- Establish Use of a Sit in Restaurant And Sidewalk Cafe in the Hertel Ave Special District(Del)(hrg 1/27) APP 254-12. 15 -179 Res Jan 20 Ordinance Amendment Ch 399 Smoking(Pridgen) APP 255-13. 14 -1706 Com Sept 2 Request Amendment Chapter 399 -3 in Regarding E- Cigarettes(CP) R &F 256-14. 14 -1086 Res May 13 Proposed Amendments to Ordinances Re Smoking(Pridgen)(Exc Res)_R &F 257-15. 13 -103 No June 11 Second Hand Dealer -1994 Seneca(aka 1996)(South) (EDP I)( #21,5/28)_R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY FEBRUARY 3, 2015 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, David A. Rivera, President ProTempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Scanlon, Smith, Wyatt— 9 Absent — None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on January 20, 2015 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 188 AMENDMENT OF LINWOOD PRESERVATION DISTRICT TO INCLUDE 1524 & 1526 MAIN ST Mr. Gerald Chwalinski Buffalo City Clerk 1308 City Hall Buffalo, NY 14202 RE: Amendment of Linwood Preservation District to include 1524, 1526 Main Street Upon review of the Buffalo Common Council approval for the expansion of the Linwood Preservation District, it was discovered that the properties at 1524 and 1526 Main Street were inadvertently excluded. Inclusion to the district was supported and solicited by the owner of the properties, the Linwood Preservation District & Friends neighborhood association and the Buffalo Preservation Board. There is no opposition to the inclusion. The Preservation Board is therefore respectfully requesting that the approved district be officially amended to include 1524 Main Street and 1526 Main Street. Respectfully, Paul McDonnell, AIA Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION NO. 189 DISPOSITION OF REAL PROPERTY 240 AND 260 LAKEFRONT BLVD Your Honorable Body is requested to approve the sale of 240 and 260 Lakefront Boulevard, Buffalo New York (Real Property) by the City of Buffalo Urban Renewal Agency (Agency) to Ciminelli Real Estate Corporation (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property. The Agency Board approved the sale of the Real Property to the Purchaser at its meeting of January 22, 2015. The Real Property, which is vacant, consists of approximately 2.4 acres and is located on Lakefront Boulevard in Waterfront Village adjacent to Portside, Rivermist and Admiral's Walk Condominiums. The Agency issued a Request for Proposals (RFP) for the development of the Real Property in July 2014. The RFP outlined evaluation criteria such as overall strength and desirability of the proposed project which included sensitivity to the project's surrounding, marketability, implementation schedule, financing plan and purchase price. Ciminelli's proposed project includes a four story midrise building with 15 -20 units and 10 three story townhomes with a 1 00' setback from the water and a potential pool. Elevation and density of the proposed projects became differentiating factors regarding sensitivity to the surrounding neighborhood. The Waterfront Village Advisory Council determined the Ciminelli proposal best aligns with the desires of the neighbors. Ciminelli will continue to work with the Waterfront Advisory Council as part of receiving site plan approval from the City's Planning Board. As an added community benefit of the project, Ciminelli will pursue, and al! indications are that it will be met, a minority workforce goal of 25 %, a woman workforce goal of 5 %, a minority owned business enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction cost. The Land Disposition Agreement will incorporate a purchase price of $2.2 million, the highest offer for the land, Planning Board approval and a Summer 2015 construction commencement. The Office of Strategic Planning requests that Your Honorable Body: 1. Approve the disposition of the Real Property by Agency to Ciminelli Real Estate Corporation or an affiliated entity formed or to be formed to hold title to the Real Property for the sale price of $2.2 million and authorize the Agency Vice Chair to execute any and all necessary documents to effectuate the transfer of Real Property to the Purchaser, said sale to be negotiated to finalization and approved as to form by Agency General Counsel; and 2. Authorize pertinent Agency personnel 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. Further, please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time mad anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer of title from the City of Buffalo Urban Renewal Agency to Ciminelli Real Estate Corporation or an affiliated entity formed or to be formed to hold title to the Real Property After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the Real Property to Ciminelli Real Estate Corporation or an affiliated entity formed or to be formed to hold title to the Real Property. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 190 REPORT OF SALE 764 KENSINGTON Manufacturing 71' E Federal Lot Size: 210'x IRR Depth Assessed Value: $17,300 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from John Helak on behalf of Sheet Metal Workers' International Association Local Union No. 71, 24 Liberty, Buffalo, New York 14215 to purchase 764 Kensington Avenue. Sheet Metal Workers' International Association Local Union No. 71 owns property in the surrounding area. They would like to purchase the lot in order to expand their parking area. 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 of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by KLW Group, Inc. to estimate the fair market value of 764 Kensington Avenue. The Fair Market Value was estimated to be Thirty Eight Thousand Two Hundred Dollars ($38,200). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Helak, on behalf of Sheet Metal Workers' International Association Local Union No. 71 has agreed and is prepared to pay Thirty Eight Thousand Two Hundred Dollars ($38,200) 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 764 Kensington Avenue in the amount of Thirty Eight Thousand Two Hundred Dollars ($38,200) to Mr. Helak. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated January 27, 2015, be received and filed; That the offer from Mr. John Helak on behalf of Sheet Metal Workers' International Association Local Union No. 71, 24 Liberty, Buffalo, New York 14215, in the amount of Thirty -Eight Thousand Two Hundred Dollars ($38,200.00) for the purchase of 764 Kensington be and hereby is accepted; 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. 191 REPORT OF SALE 815 KENSINGTON Manufacturing East Cor Wyoming Lot Size: 147x 340' Assessed Value: $20,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Michael J. Barnhart on behalf of Plant Science Laboratories, LLC, 649 Wyoming, Buffalo, New York 14215 to purchase 815 Kensington Avenue. Plant Science Laboratories, LLC owns property in the surrounding area. Mr. Barnhart will renovate the property for additional storage space and possible expansion. He has estimated the cost of renovations to be Three Hundred and Ten Thousand Dollars ($310,000) that has been reviewed by the Division of Real Estate, Mr. Barnhart has provided proof of financial ability to complete the purchase and repair the property. 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 of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by Howard Schultz and Associates, Inc. to estimate the fair market value of 815 Kensington Avenue. The Fair Market Value was estimated to be Two Thousand Three Dollars ($2,300). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Barnhart, on behalf of Plant Science Laboratories, LLC has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300) 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 815 Kensington Avenue in the amount of Two Thousand Three Hundred Dollars ($2,300) to Mr. Barnhart. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated January 27, 2015, be received and filed; That the offer from Mr. Michael J. Barnhart on behalf of Plant Science Laboratories, LLC, 649 Wyoming, Buffalo, New York 14215, in the amount of Two Thousand Three Hundred Dollars ($2,300.00) for the purchase of 815 Kensington be and hereby is accepted; 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. 192 1318 NIAGARA ST. REMEDIATION- REQUEST FOR FUNDS TO COMPLETE REMEDIATION Prior Council reference: Item #6 CCP May 11, 2009; Item #5 CCP Nov 12. 2014 The NYSDEC has approved the 1318 Niagara Street Site application for additional funds to complete the site remediation at 1318 Niagara Street. The NYSDEC will fund the project in accordance with the 2013 -14 New York State budget appropriation for environmental restoration projects under the New York Works round II (NYWII) statewide capital infrastructure program. The City is the current owner of the property. The estimated cost to complete the remaining remediation is $1,010,000. The grant will hold the City of Buffalo responsible for 10% of the allowable costs of the project ($101,000). Upon the future sale of the property the proceeds from the sale or lease of the property will be distributed in the following sequence: The City retains the amount it has spent for acquisition of the property (including back taxes owed) and its share of the Environmental Restoration Project under the grant Agreement and any prior ERP SAC or Agreement for this Site; The State is reimbursed for the costs it has incurred under the grant Agreement and any prior ERP SAC or Agreement for this Site; and, The City retains the remainder. The Office of Strategic Planning intends to access the City's share of funds for the project from the Environmental Remediation -2008, Bond Authorization Account No. 3000 -310. The bond funds are to be used to finance the cost of environmental remediation projects that include NYSDEC Environmental Restoration Program projects, making the 1318 Niagara Street remediation project eligible for the use of these funds. The City Comptroller's Office of Cash and Debt Management has confirmed that the 1318 Niagara Street remediation project is an eligible use of these funds. I respectively request that your Honorable Body approve the use of funds from the Bond Authorization Account No. 3000 -310 to finance the City's share of the 1318 Niagara Street remediation project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 193 REQUEST FOR CITY TO LEASE 500 SENECA ST FOR A PARKING LOT Request for City to Lease the Following City Owned Properties to 500 Seneca Street, LLC "Lessee" (or to an entity to be designated by 500 Seneca Street, LLC) for Surface Parking Lot UseM/ith Lessee's Option to Purchase for Development: The Properties to be Leased Are: 493 Seneca, East Corner of Alabama Lot Size: 95.48'x 150' Assessed Valuation: $8,700 503 Seneca, 95.28' East of Alabama Lot Size: 79.45'x 159 Assessed Valuation: $12,000 541 Seneca, 29' West of Hamburg Lot Size: 370.92 x 150 Assessed Valuation: $25,500 543 Seneca, West Corner of Hamburg Lot Size: 29'x 100 Assessed Valuation: $2,900 Fillmore District The Office of Strategic Planning, Division of Real Estate, has received a request from Samuel Savarino on behalf of 500 Seneca Street, LLC, a New York Limited Liability Company with offices at 26 Mississippi Street, Suite 400, Buffalo, New York to lease the above referenced properties for use as a surface parking lot with an option for Lessee to purchase the Properties for development. The terms of the lease shall include, but not be limited to, the following: 1. Lease Term: The lease term shall be for 5 years, with one consecutive additional 5 year lease term renewal option exercisable by Lessee provided Lessee is not in default under the lease. If said Properties are not sold to Lessee by the end of the initial 5 year lease term period, and if the lease term renewal option has not been canceled and Lessee exercises Lessee's right to renew the lease for the additional 5 year term period, then the City shall have the right to increase the rental amount for the additional 5 year period. Said rental increase shall be based on the fair market value of said Properties at the time of the exercise of the five year lease term renewal. 2. Annual Rental: The annual rental for the initial 5 year lease term shall be $18,960.00, which is based on the City of Buffalo Appraisal Review Board's approval of the $237,000.00 fair market value of the leased Properties. 3. Anticipated Use During Lease Term: Surface Parking Lot 4. Required Use After Exercise of Purchase Option: Development (Development is defined in Item No. 6 below). 5. Indemnification and Insurance The Lessee shall provide the City of Buffalo with written indemnification satisfactory to the City of Buffalo Corporation Counsel and also with insurance in types and amounts as shall be determined by the City of Buffalo Corporation Counsel Office. 6. Exclusive Option to Purchase and the Required Development: Lessee will have the exclusive option to purchase said Properties at any time during the lease term (upon 90 days notice) so long as Lessee has proposed and conclusively demonstrated readiness and financial capability to construct residential, retail, commercial or mixed use buildings or facilities approved by the City of Buffalo Planning Division and by the City of Buffalo Planning Board, compliant with all governing zoning ordinances. The purchase price shall be the fair market value of the Properties at the time of the sale of the Properties, which shall be determined by an appraisal to be supplied by Lessee and approved by the City of Buffalo Appraisal Review Board and the City of Buffalo Common Council. The option to purchase the Properties will be exclusive to 500 Seneca Street, LLC. The City shall not, prior to the expiration of the lease or after the exercise of the option to purchase by Lessee, encumber, restrict, offer for sale, bid -out, or seek, receive or entertain offers to purchase the Properties. Once the purchase option is exercised, the option to purchase the Properties exclusively and solely belongs to and inures to the benefit of Lessee and the sale of the Properties shall close within 90 days of Lessee's exercise of the purchase option. Lessee shall not have the right to assign the lease and /or the purchase option without the prior written consent of the City which shall be given, conditioned and /or withheld in City's sole discretion. If the purchase option is exercised, but the sale of the Properties to the Lessee is not closed for any reason whatsoever within the 90 day period, Lessee shall have up to an additional 2 years thereafter to close. If the sale still isn't closed after said 2 year period, the purchase option shall expire and the purchase option shall no longer be exercisable and the lease term will be ended if the lease term by such date will have otherwise expired. Rent remains due and payable monthly at all times during Lessee's occupancy of the Properties, even during pendency of closing the purchase option. City will receive a price increase if the Development project is not built within 5 years after City conveys title to Lessee. In the alternative, City shall have the right to exercise a title reverter; the choice between price increase and reverter of title shall be made at City's sole discretion. Price increase to be secured at the time of the City conveyance of title to the Properties to the Lessee by letter of credit (necessity and amount of letter of credit shall be determined in the discretion of the Executive Director of the City's Office of Strategic Planning). City makes no representations and /or warranties and the Properties shall be sold "as is ". Conveyance shall be by Quit claim deed. Survey and title and all recordation is Lessee's responsibility and all at Lessee's sole cost. Upon closing, City gets environmental release and indemnity from the Lessee /buyer in form and substance acceptable to City. 7. Land Disposition Agreement: At the time of the Lessee's exercise of the option to purchase the Properties, the Lessee and the City shall executed a recordable Land Disposition Agreement (LDA) which protects the City's interests after the conveyance by the City to Lessee of title to the Properties. The LDA shall be recorded in the Erie County Clerk's Office at the sole cost of the Lessee prior to the conveyance deed recordation. The conveyance deed shall reference the LDA, the reverter and letter of credit price increase mechanism provisions which secure to the City the Lessee's obligation to develop the Properties. The LDA shall contain such other provisions as are required by the City's Division of Real Estate and /or the City's Corporation Counsel's Office. 8. Tenant Responsibilities: Lessee Agrees to the following: a. Maintain the Properties at Lessee's sole expense during the term of the lease including but not limited to causing the Properties to be code compliant as well as trimmed, cleaned, free and clear of all snow, ice and debris. b. Lessee shall not build or construct any permanent structure on the Properties without prior written approval of the City of Buffalo, Office of Strategic Planning, Division of Real Estate (this would not prohibit permitted improvements for surface parking). c. Lessee agrees to comply with any other terms and /or conditions that the City of Buffalo Corporation Counsel's Office deems necessary to put in the Lease. The Land Use Planning Committee has reviewed this request and they have no objections to leasing the subject Properties. The Office of Strategic Planning, Division of Real Estate is recommending that Your Honorable Body approve a lease agreement between the City of Buffalo and 500 Seneca Street, LLC upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same with only such clarifications and modifications as are recommended by Corporation Counsel in finalizing the lease. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 194 CERTIFICATE OF NECESSITY - COMMUNITY SERVICES Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 100,000 be transferred and reappropriated as set forth below: From: 15513006 - 434000 Community Services Contractual Services $100,000 To: 17111006 - 435201 -11422 Grant In Aid - Buffalo Niagara Film Commission $100,000 RECEIVED AND FILED NO. 196 CERTIFICATE OF NECESSITY - JUDGEMENT AND CLAIMS Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 250,000 be transferred and reappropriated as set forth below: From: 17221008 - 480205 Judgement and Claims $250,000 To: 25120090 - 391010 -1134 Special Revenue Fund $250,000 RECEIVED AND FILED NO. 196 LETTER TO NATIONAL GRID REGARDING OVERCHARGES Dennis Elsenbeck National Grid 144 Kensington Ave. Buffalo, NY 14214 Dear Dennis: As you are aware, the City of Buffalo, along with its consultant Troy & Banks, is conducting an audit of its street light and electricity accounts with National Grid. When we spoke in 2013 following the Common Council's passage of a resolution requesting the audit, you assured me that National Grid would be cooperative throughout the process. Therefore, I hope you can assist us with some reasonable requests made by the City and Troy & Banks. As a result of the audit, we submitted a number of claims, the majority of which were sent in September of 2014, to National Grid for reimbursement of overcharges. While we understand that National Grid is conducting its own audit of these accounts, we simply would like a timeframe as to when you expect these claims to be addressed. Secondly, the City is continuing to receive inaccurate invoices that do not correct the overcharges identified in the audit. Your review of prior overcharges should not delay the correction of our current invoices. Please address this matter as soon as possible in order to ensure that the City will no longer be billed for services that are not being rendered. Lastly, we have submitted numerous questions, most of which are related to a 2006 audit conducted by National Grid Since these questions do not require field audit work and are not dependent on your ongoing review process of our claims, they should be able to be answered in a timely matter. I look forward to your response to our requests so that I can share them with the Common Council, who requested the audit, the Mayor, who is responsible for the budgeting of electricity expenses, and most importantly, the taxpayers, who are footing the bill for approximately $16 million in electricity costs incurred by the City each year. Sincerely, Mark J. F. Schroeder REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 197 CHANGE ORDER #1 BRIDGE CONSTRUCTION & CONSULTANT CONTRACT For Design & Construction Inspection Services Contract No. 93000978 DiDonato Associates, P.E., P.C. The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase Contract Number 93000978 as follows: Original Contact: $300,000.00 Change Order #1: $ 29,000.00 New Contract Amount: $329,000.00 This change order is extend the contract through the end of February 2015 when my office anticipates entering into a new contract that will be procured by the Request for Qualifications (RFQ) process. My office has reviewed this change order and hereby find it fair and equitable to complete the necessary work. Funding for the additional work is available in Account 34311006 - 445100 and another account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated January 21, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $29,000.00 (Original Contract Amount $300,000.00 + Change Order $29,000.00 for a Revised Contract Amount of $329,000.00) for the Bridge Construction and Consultant Contract for Design and Construction Inspection Services, to DiDonato Associates, P.E., P.C., C #93000978. Funding for the additional work is available in Account #34311006 - 445100 and another account to be named at a later date. PASSED AYES 9, NOES 0 NO. 198 CHANGE IN CONTRACT CITY HALL CAFETERIA VENTILATION Job #1413 Ellicott District PRIOR COUNCIL REFERENCE: (ITEM NO. 1337 CCP 6/24/14) 1 hereby submit to Your Honorable Body the following changes for the City Hall, Cafeteria Ventilation, DiDonato Associates, C #93001426, 1. Additional design services required for an HVAC system Add $ 1,300.00 balancing test services as required to confirm system performance, the results of which will be used to diagnose operational problems and identify possible solutions. The foregoing change results in a net increase in the contract of One Thousand Three Hundred and 00/100 Dollars ($1,300.00). Summary: Original Contract Amount $12,800.00 Amount of This Change Order ( #1) $ 1,300.00 Revised Contract Amount $14,100.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 35323106 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated January 28, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $1,300.00 (Original Contract Amount $12,800.00 + Change Order $1,300.00 for a Revised Contract Amount of $14,1000.00) for the City Hall Cafeteria Ventilation, to DiDonato Associates, P.E., P.C., C #93001426. Funding for this change order is available in Account #35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 199 CHANGE IN CONTRACT CONTRACT #H0000199 SCHILLER PARK SENIOR COMMUNITY CENTER Project #38 -30200 MLP Plumbing & Mechanical, Inc. I hereby submit to Your Honorable Body the following change to the above referenced contract. This change order will address the relocation of the panel to provide the required clearance in front of the panel as required by code. The foregoing change results in a net increase in the contract of Two Thousand Eight Hundred Seventy Dollars and 31/100 ($2,870.31). Summary: Previous Amount Approved $163,949.94 Amount of This Change Order + $ 2,870.31 Total Approved Amount to Date $166,820.25 Cost have been reviewed by the Department of Public Works, Park & Streets and were found to be fair and equitable. Funds for this work are available in CDBG Account #CH9E2007 — 470000 — 8469. 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, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $2,870.31 (Original Contract Amount $163,949.94 + Change Order $2,870.31 for a Revised Contract Amount of $166,820.25) for the Schiller Park Senior Community Center, to MLP Plumbing & Mechanical, Inc., C #H0000199. Funds for this work are available in CDBG Account #CH9E2007 - 470000 — 8469. PASSED AYES 9, NOES 0 NO. 200 422 AUBURN AVENUE HANDICAP ACCESS RAMP WITHIN CITY RIGHT OF WAY Mr. Joseph Deprima, owner of the property located at 422 Auburn Avenue, has requested permission to encroach city right of way with a handicapped access ramp at said address. Mr. DePrima is converting the existing structure into a microbrewery and an accessible entrance is required by New York State Building Code. The Proposed ramp would be approximately 15' in length and project 5' from the building face into city right of way. The ramp would not be within the main public sidewalk or impede pedestrian movement. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond and /or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance use and removal of said ramps. 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, 2015, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances, to issue a "Mere License" to Mr. Joseph DePrima, owner of the property located at 422 Auburn Avenue, Buffalo, New York, to encroach City right -of -way with a handicap ramp upon the following conditions: 1. That the applicant Obtain any and all other City of Buffalo permits necessary; 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the ramp be constructed so as not to be permanent in nature; and 4. That the applicant supply the Department of Public Works, Parks and Streets with a construction in street bond and /or certificate of insurance deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. PASSED AYES 9, NOES 0 NO. 201 INCREASE IN ENCUMBRANCE WATTS ARCHITECTURE & ENGINEERING. PUBLIC IMPROVEMENTS CONSULTING SERVICES CONTRACT #H0000100 HENNEPIN PARK COMMUNITY CENTER REHABILITATION PROJECT # 38 -03202 PRIOR COUNCIL REFERENCE: #17 of 7/23/13 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide additional Architectural & Engineering services, which include HVAC & Electrical Evaluation of the entire Hennepin Park Community Center Existing Contract Amount $18,470.00 Increase in Contract (not to exceed) $ 3,850.00 Total Contract to Date (not to exceed) $22,320.00 Funds are available in Capital Projects Account # CH9E2027. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Watts Architecture & Engineering Public Improvements Consulting Services Contract #H0000100. Increase in Encumbrance - Hennepin Park Community Center Rehabilitation Project (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 27, 2015, be received and riled; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $3,850.00 (Original Contract Amount $18,470.00 + Change Order #1 $3,850.00 for a Revised Contract Amount of $22,320.00) for the Hennepin Park Community Center Rehabilitation Project to provide additional architectural and engineering services, which include HVAC and electrical evaluation, with Watts Architecture & Engineering, Contract #H0000100. Funds are available in Capital Projects Accounts #CH9E2027. PASSED AYES — 9 NOES - 0 NO. 202 INCREASE IN ENCUMBRANCE NUSSBAUMER & CLARKE, INC. PUBLIC IMPROVEMENTS CONSULTING SERVICES CONTRACT #TT0000124 #17 OF 7/23/13 Body the following increase to the contract for the above named services. This change order is necessary to provide additional Architectural & Engineering services during construction, which include construction inspection and closeout for Sperry Park, Glenny Park and Martin Luther King Jr. Park. Existing Contract Amount $77,385.00 Increase in Contract(not to exceed) $12450.00 Funds are available in Capital Projects Account # C19132007. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Nussbaumer & Clarke, Inc. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 27, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $12,450.00 (Original Contract Amount $77,385.00 + Change Order #1 $12,450.00 for a Revised Contract Amount of $89,835.00) for the Public Improvements Consulting Services to provide additional architectural and engineering services, which include construction inspection and closeout for Sperry Park, Glenny Park and Martin Luther King, Jr. Park, with Nussbaumer & Clarke, Inc., Contract #H0000124. Funds are available in Capital Projects Accounts #C19132007. PASSED AYES — 9 NOES — 0 NO. 203 INCREASE IN ENCUMBRANCE WORCESTER EISENBRANDT, INC. RESTORATION OF PUBLIC MONUMENTS CONTRACT #93001403 #06 OF 3/19/13 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide restoration services for an additional scope of work that will be performed. This work involves dismounting and transporting the monument to a local studio, performing the restoration work (removing the existing lettering "JESSIE CLIPPER ", inlaying a new piece of granite to match existing with new lettering reading "JESSE CLIPPER "), transporting the monument back to its original location and mounting it back to its original position. Existing Contract Amount $405,460.00 Increase in Contract, (not to exceed) $11,754.00 Total Contract to Date(not to exceed) $417,214.00 Funds are available in Capital Projects Account #39310506 and Account #36403606. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve and authorize the Commissioner of Public Works, Parks & Streets to issue the increase in encumbrance to Worcester Eisenbrandt, Inc. 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, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $11,754.00 (Original Contract Amount $405,460.00 + Change Order #1 $11,754.00 for a Revised Contract Amount of $417,214.00) for the Restoration of Public Monuments, with Worcester Eisenbrandt, Inc., Contract #93001403. Funds are available in Capital Projects Accounts #39310506 and #36403606. PASSED AYES — 9 NOES — 0 NO. 204 PERMISSION TO ACCEPT GRANT FUNDS AND ENTER INTO AGREEMENTS WITH NEW YORK STATE URBAN DEVELOPMENT CORPORATION D /B /A EMPIRE STATE DEVELOPMENT ELLICOTT AND FILLMORE DISTRICTS New York State Urban Development d /b /a Empire State Development has designated $4 Million in grant funding to the City of Buffalo. This funding was allocated through the Regional Economic Development Council as part of the Consolidated Funding Application by the City of Buffalo. The $4 Million is allocated to three projects: $2 Million for the 500 Block Cars on Main Project, $1 Million for the Genesee Gateway Project, and $1 Million for the Pearl Street Conversion Project. Permission is hereby requested from Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with New York State Urban Development Corporation d /b /a Empire State Development. These agreements would enable the City and this Department to accept and administer these funds. I am further requesting that your Honorable Body also authorize the Mayor and /or this Department to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate acceptance of these grant funds. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated January 15, 2015, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with New York State Urban Development Corporation d /b /a Empire State Development to accept $4 Million in grant funding to the City of Buffalo to be allocated to the 500 Block Cars on Main Street Project in the amount of $2 Million, the Genesee Gateway Project in the amount of $1 Million and the Pearl Street Conversion Projeet in the amount of $1 Million; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate acceptance of these grant funds. PASSED AYES — 9 NOES — 0 NO. 206 PERMISSION TO AMEND CONTRACT NO. 93000699 WITH SIEMENS INDUSTRY, INC. PHASE 1A ENERGY IMPROVEMENTS AT COL. WARD [HIGH LIFT PUMPING FACILITIES ELLICOTT DISTRICT I hereby submit to your Honorable Body the following amendment for this contract. Siemens Industry, Inc. is the contractor for the Energy Improvements at the Col. Ward High Lift Pumping Facilities. On July 20, 2010, your Honorable Body authorized the Commissioner of Public Works, Parks and Streets (the "Commissioner ") to enter into and deliver an agreement ( "2010 Agreement') with Siemens Industry, Inc., Building Technologies Division ( "Siemens ") up to approximately $8,450,000 for construction and energy performance services for the Siemens Energy Efficiency Project at the Buffalo Water Treatment Plant and Facilities (the "Water Facilities "). The Siemens Energy Efficiency Project included installation of new pumps at the Colonel Ward Pumping Station and other matters to improve energy efficiency. The 2010 Agreement included, among other things, energy performance assurances and payment guarantees. Construction of the Siemens Energy Efficiency Project is complete and has proved to be saving more energy than anticipated. The Department of Public Works, Parks & Streets has identified additional opportunities to improve energy efficiency at the Water Facilities including but not limited to heating, ventilating and air conditioning unit replacements, lighting replacements, installation of a new pump and supervisory, control and data acquisition (SCADA) system improvements. The newly proposed project ( "Phase 1A ") can be constructed by amendment of the 2010 Agreement, including the energy performance assurances and payment guarantees, by leveraging the additional energy savings achieved as part of the 2010 Agreement. The Phase 1 A Project is approximately $6.5 million which will be funded by Buffalo Water Board Funds. Of the project cost of up to $6.5 million, $6.0 million will be dedicated to pay Siemens to implement the Phase 1A Project, and up to approximately $500,000 will be dedicated to pay CRA Infrastructure & Engineering, Inc. ( "CRA ") for professional consulting and engineering services to assist the City of Buffalo and Buffalo Water Board with implementation and construction inspection and administration services with respect to the Phase 1 A Project. The Buffalo Water Board at its meeting on November 12, 2014, determined that the Phase 1 A Project constitutes a replacement, rehabilitation or reconstruction of a structure or facility on the same site and therefore constitute a Type II action pursuant to SEQRA. In order to facilitate the City's implementation of the Phase 1 A Project, I am requesting that Your Honorable Body: 1. Determine that the implementation of the Phase 1 A Project constitutes a replacement, rehabilitation or reconstruction of a structure or facility on the same site and therefore pursuant to SEQRA and does not exceed certain pertinent SEQRA thresholds and therefore constitutes a Type II action pursuant to — SEQRA; 2. Authorize the Commissioner of Public Works, Parks and Streets (the "Commissioner ") to amend the existing contract with Siemens (in an amount of up to $6,000,000) to implement the Siemens Phase 1A Project Proposal such contract to include such further terms and conditions as the Corporation and the Buffalo Water Board Consulting Engineer may recommend; 3. Authorize the Commissioner of Public Works to enter into all necessary agreements for professional engineering services with CRA Infrastructure & Engineering, Inc. in an amount of up to $500,000 for implementation assistance, Construction Inspection and Construction Administration services in connection with the Phase 1 A Project upon such further terms and conditions as the Corporation Counsel may recommend; 4. Authorize the Commissioner to execute and deliver, on behalf of the City of Buffalo, any instrument, document and or certificate and to do all acts and things required or otherwise deemed necessary in the opinion of the Commissioner to effectuate the intent, objectives and purposes of all of the foregoing and to otherwise cause compliance by the City of Buffalo with the terms, covenants and provisions of the Financing Agreement and the Act. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 27, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to amend the 2014 agreement with Siemens Industry, Inc. for the Energy Improvements at the Col. Ward High Lift Pumping Facilities to include Phase 1A, which constitutes a replacement, rehabilitation or reconstruction of a structure or facility on the site and therefore, pursuant to SEQRA, does not exceed certain pertinent SEQRA thresholds and, therefore, constitutes a Type II action pursuant to SEQRA; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the existing contract with Siemens Industry, Inc. (in an amount of up to $6,000,000.00) to implement the Siemens Phase 1A Project Proposal, such contract to include such further terms and conditions as the corporation and the Buffalo Water Board Consulting Engineering may recommend; and that the Common Council hereby authorizes the Commissioner Of the Department of Public Works, Parks and Streets to enter into all necessary agreements for professional engineering services with CRA Infrastructure & Engineering, Inc. in an amount of up to $500,000.00 for implementation assistance, construction inspection and construction administration services in connection with the Phase 1A Project upon such further terms and conditions as the Corporation Council may recommend; and that the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute and deliver, on behalf of the City of Buffalo, any instrument, document and /or certificate and to do all acts and things required or otherwise deemed necessary in the opinion of the Commissioner of the Department of Public Works, Parks and Streets to effectuate the intent, objectives and purposes of all of the foregoing and to otherwise cause compliance with the City of Buffalo with the terms, covenants and provisions of the Financing Agreement and the Act. PASSED AYES — 9 NOES — 0 NO. 206 PERMISSION TO HIRE FOR 2016 -16 CITYWIDE TREE MANAGEMENT & PLANNING AGREEMENT BETWEEN CITY OF BUFFALO AND WENDEL Request for Proposals were publicly announced January 12, 2015 and I received the following formal sealed proposal for 2015 -16 Citywide Tree Management & Planning which was publicly opened on January 22, 2015. The following proposal was received: Company Proposal Wendel $131,860.00 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that Wendel, with a bid of One Hundred Thirty -One thousand, Eight Hundred Sixty 00/100 (5131,860.00), is the lowest responsible proposer in accordance with the scope of services. I hereby respectfully request that Your Honorable Body approve this agreement between the C ty of Buffalo and Wendel to provide professional services necessary for related planning and management of City owned trees. Funds for this work are available in Account #30001016 and account(s) to be named at a later date. Your consideration toward this request is greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE NO. 207 PERMISSION TO PURCHASE SPREADER BODIES The Department of Public Works requests permission to Purchase 14 Salt Spreaders @ 16,000.00 ea $224,000.00 Total $224,000.00 Purchase to come out of 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department Public Works, Parks and Streets, dated January 29, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase fourteen (14) salt spreaders in the amount of $224,000.00. Funds are available in Account #15050007 - 474100. PASSED AYES — 9 NOES — 0 NO. 208 REPLACE 16" WATER DISTRIBUTION LINE UNDER CSX TRANSPORTATION, INC.'S ACTIVE RAIL TRACKS, AND ALSO UNDER NORFOLK SOUTHERN RAILWAY COMPANY'S ACTIVE RAIL TRACKS, ALL UNDER THE SOUTH PARK AVENUE BRIDGE (ROUTE 62) THAT GOES OVER THE RAIL TRACKS The Water Division of the City of Buffalo's Department of Public Works, Parks and Streets is replacing the 16" Water Distribution Line under CSX Transportation Inc.'s active rail tracks, and under Norfolk Southern Railway Company's active rai! tracks under the South Park Avenue bridge. Attached for your review and approval are proposed agreements from CSX Transportation, Inc. and from Norfolk Southern Railway Company respectively that would facilitate permission from said railroads for the City to replace the 16" Water Distribution Line under their respective rail track lines. The CSX Transportation, Inc. agreement calls for an upfront payment of $2,000.00 and the Norfolk Southern Railway Company agreement calls for an upfront payment of $19,100.00. Both agreements contain clauses requiring City's indemnification and insurance in favor of the respective railroads. The Department of Public Works, Parks and Streets is requesting that your Honorable Body hereby: 1.)Authorize the Commissioner of Public Works, Parks and Streets to execute the attached agreements with the respective railroads and any other agreements as shall be useful or required to facilitate the replacement of the 16" Water Distribution Line, and 2.)Authorize other City personnel to take all other actions and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and or necessary to facilitate the replacement of the 16" Water Distribution Line, and 3.)Approve the expenditure by the Buffalo Water Board of: CSX Transportation, Inc. agreement: $ 2,000.00 Norfolk Southern Railway Company agreement $19,100.00 Total Required for Railway agreements $21,100.00 I certify that the agreements and the payments of $21,100.00 are required to initiate construction of the 16" Water Distribution Line and respectfully request that your Honorable Body authorize me as the Commissioner of Public Works, Parks and Streets to execute and issue such agreements for a cost of $21,100.00. The funds are available in a Division of Water 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 27, 2015, 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 with CSX Transportation, Inc. and Norfolk Southern Railway Company and any other agreements as shall be useful or required to facilitate the replacement of the 16" Water Distribution Line under their respective rail track lines; and 1 that the Common Council hereby authorizes other City personnel to take all other actions and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate the replacement of the 16" Water Distribution Line; and that the Common Council hereby approves the expenditure of by the Buffalo Water Board of $2,000.00 for the CSX Transportation, Inc. agreement and $19,100.00 for the Norfolk Southern Railway Company agreement. The funds are available in a Division of Water account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 209 REPORT OF BIDS KENMORE AVENUE RECONSTRUCTION PROJECT UNIVERSITY DISTRICT This is to advise your Honorable Body that I have advertised for and received bids on January 21,2015for Kenmore Avenue Reconstruction Project. The following bids were received for the Project: 1. Destro & Brothers Concrete Co $4,795,000.00 2. D &H Excavating, Inc $4,817,003.75 3. Mark Cerone, Inc $5,093,000.00 4. Concrete Applied Technology Company $5,282,081.65 5. Acadia Site Contracting, Inc $5,449,913.77 Engineers Estimate $4,703,472,75 1 hereby certify that a lowest responsible bidder is Destro & Brothers Concrete Co.. Also, I respectfully recommend that your Honorable Body authorize a contract award in amount of $ 5,034,750.00(base bid of $ 4,795,000.00 + $ 239,750 - 5% unit bid increase =$ 5,034,750.00). Project is Funded by FHWA, New York State, City of Buffalo and Erie County as part of local Transportation Improvement Program (T.I.P.). Funds for this project will be available in an account to be named later. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 27, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Kenmore Avenue Reconstruction Project with Destro & Brothers Concrete Co., with a total bid of $5,035,750.00 (Base Bid of $4,795,000.00 + 5% Unit Bid Increase of %239,750.00 for a Total Bid of $5,034,750.00). This project is funded by FHWA, New York State, the City of Buffalo and Erie County as part of local Transportation Improvement Project (T.I.P.). Funds for this project will be available in an account to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 210 REPORT OF BIDS RENOVATIONS TO CITY COURT FOURTH FLOOR 50 DELAWARE AVE ELLICOTT DISTRICT I advertised on November 18, 2014 and received the following sealed bids for the Renovations to City Court Fourth Floor, which, were publicly opened and read on December 23, 2014. General Construction Base Bid Alternate #1 -- "Allowances = Total Bid Savarino Companies $398,800.00 $ 26,195.00 $141,000.00 $283,995.00 Nichter Construction $403,000.00 $ 35,000.00 $141,000.00 $297,000.00 RB Mac Construction $503,000.00 $ 26,750.00 $141,000.00 $388,750.00 Miller Enterprises $494,000.00 $ 44,000.00 $141,000.00 $397,000.00 Picone Construction $535,900.00 $ 28,300.00 $141,000.00 $423,200.00 Sicoli Construction $569,600.00$ 29,000.00 $141,000.00 $457,600.00 Hadala Construction $580,500.00 $ 46,500.00 $141,000.00 $486,000.00 Javen Construction $569,000.00 $ 67,000.00 $141,000.00 $495,000.00 "The Allowances in the General Construction Bid had to be removed due to lack of funds. Electrical Work Weydman Electric $177,800.00 $18,400.00 $196,200.00 CIR Electrical $194,750.00 $15,875.00 $210,625.00 Goodwin Electric $198,000.00 $29,950.00 $227,950.00 M &M Electric Constr. $216,500.00 $19,700.00 $236,200.00 Ferguson Electric $234,000.00 $29,700.00 $263,700.00 Frey Electric $238,000.00 $27,000.00 $265,000.00 O'Connell Electric $309,900.00 $20,000.00 $329,900.00 HVAC Work MLP Plumb. & Mech. $177,800.00 $18,400.00 $78,200.00 Leo Roth Corp. $118,520.00 $5,980.00 $124,500.00 Plumbing Work Base Bid Alternate #1 Total Bid MKS Plumbing $ 95,000.00 $ 8,300.00 $103,300.00 Numarco Inc. $124,200.00 $10,700.00 $134,900.00 MLP Plumbing $131,800.00 $8,900.00 $140,700.00 Ackerman Plumbing $147,754.00 $ 6,500.00 $154,254.00 Leo J. Roth Corp. $179,825.00 $ 21,500.00 $201,325.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Savarino Companies with a bid of $283,995.00 Electrical Weydman Electric with a bid of $196,200.00 HVAC Work MLP Plumb & Mechanical with a bid of $78,200.00 Plumbing Work MKS Plumbing with a bid of $103,300.00 The total bid cost will be: $661,695.00 plus a contingency of $64,129.31 for a grand total of Seven Hundred Twenty Five Thousand, Eight Hundred Twenty Four Dollars and 31/100 ($725,824.31). Funds for this project are available in the following accounts: 38324306 - 445100, 34323106 - 445100 and 35323106 - 445100. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to proceed on the basis of the lowest responsible bids. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 20, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Renovations to City Court, Fourth Floor, with the following: General Construction: Savarino Companies, with a bid of $283,995.00 Electrical Work: Weydman Electric, with a bid of $196,200.00 HVAC Work: MLP Plumbing & Mechanical, with a bid of $78,200.00 Plumbing Work: MKS Plumbing, with a bid of $103,300.00 The total bid cost will be $661,695.00, plus a contingency of $64,129.31, for a grand total of $725,824.13. Funds for this project are available in Accounts #38324306 - 445100, 34323106 - 445100, and 35323106 - 445100. PASSED AYES — 9 NOES - 0 NO. 211 REQUEST FOR APPROVAL FOR ICE RINK MANAGEMENT SERVICES BETWEEN CITY OF BUFFALO AND NORTH BUFFALO BISONS HOCKEY ASSOCIATION, INC AND CITY OF BUFFALO AND THE DOMINIK HASEK YOUTH HOCKEY LEAGUE, INC. Requests for Proposals were sent October 20, 2014 and I received the following formal sealed proposals for Ice Rink Management Services which were received and opened on November 7, 2014: Proposals are available for review in The City Clerk's Office I hereby certify that the foregoing is a true and correct statement of all proposals received and that as per Department of Public Works, Parks and Streets review; the following are the most qualified responsible proposers in accordance with the request for proposal scope of services and specifications: The Dominik Hasek Youth Hockey League, Inc, for Timothy J. Burvid C Cazenovia) Rink North Buffalo Bison Hockey Association, Inc, for Lafayette Rink The Dominik Hasek Youth Hockey League, inc. for Bud Bakewell (Riverside) Rink I hereby respectfully request that Your Honorable Body authorize the Department of Public Works, parks and Streets to enter agreements between the City of Buffalo and North Buffalo Bison Hockey Association, Inc to provide professional services necessary for ice rink management at Lafayette Rink, the City of Buffalo and The Dominik Hasek Youth Hockey League, Inc to provide professional services necessary for ice rink management at Timothy J. Burvid ( Cazenovia) Ice Rink, and the City of Buffalo and The Dominik Hasek Youth Hockey League, Inc to provide professional services necessary for ice rink management at Bud Bakewell (Riverside) Rink. Your consideration toward this request is greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE, NO. 212 APPOINT SUPERVISOR OF STREET SANITATION I(PROV)(INTER) Appointment effective 01 /26/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Supervisor of Street Sanitation, Provisional at the Intermediate Salary of $39,010.00 Thomas Weimer, 27 Brookside, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 213 APPOINT TRUCK DRIVER(MAX)(SCANLON) Appointment effective 01 /26/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Provisional at the Maximum Salary of $37,447.00 Michael Scanlon, 363 Downing St., Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 214 ACCEPTANCE OF CITIZEN PREPAREDNESS SERVICES: HOMELAND SECURITY (ITEM NO. 78, C.C.P 01/21/2014) The City of Buffalo Purchase Department, in conjunction with the Buffalo Police Department, sent out a Request for Proposals, dated August 27, 2014, requesting qualified and experienced entities to respond by October 17, 2014 (proposal submission date) outlining a program for citizen preparedness and outreach education in the City of Buffalo in order to create an informed and resilient community enhancing regional readiness for disasters and emergencies that can happen in our region. We received only one proposal in response to the Request for Proposal, which was from the Niagara University's Border Community SERVICE (Special Emergency Response Volunteer Initiative for Community Empowerment) Program. The submitted proposal was reviewed and it was determined that it met the City's requested criteria and that Niagara University's Border Community SERVICE offers the best value for residents to receive this free, high - quality, multi - cultural community preparedness outreach and training. Funding in the amount of $85,000 is available under the 2013 State Homeland Security Grant Program which has already been awarded to the City of Buffalo through the New York State Division of Homeland Security and Emergency Services. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to enter into a contract with Niagara University's Border Community SERVICE Initiative to improve the ability of residents to prevent, protect against, mitigate, respond to, and recover from manmade and natural hazards. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 28, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into a contract with Niagara University's Border Community SERVICE (Special Emergency Response Volunteer Initiative for Community Empowerment) Program to improve the ability of residents to prevent, protect against, mitigate, respond to, and recover from manmade and natural hazards. Niagara University's Border Community SERVICE Program was selected through a Request for Proposals (RFP) process. Funding in the amount of $85,000.00 is available trader the 2013 State Homeland Security Grant Program, which has already been awarded to the City of Buffalo through the New York State Division of Homeland Security and Emergency Services. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 215 FLEA MARKET 1443 -1517 CLINTON ST (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Flea Market License located 1443 -1517 CLINTON and find that as to form is correct. I will cause an investigation into the premises for which said application for a flea Market license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and 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 Sharon Baldi . The attached thereto for Sharon Baldi /dba/ CLINTON BAILEY FARMERS MARKET. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspection Services, dated January 29, 2015, be received and filed; That pursuant to Chapter 254 of the City of Buffalo Ordinance, the Commissioner of Permits and Inspection Services be, and hereby is authorized to issue a Flea Market license to Sharon Baldi d /b /a Clinton Bailey Farmers Market, located at 1443 -1517 Clinton Street. PASSED AYES — 9 NOES - 0 NO. 216 2015 FOOD STORE LICENSE RENEWALS "AMENDED" Pursuant to Chapter 194 "Food Stores" of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals ", attached, please find a list of Food Store Licenses expiring on April 1, 2015 that were not included in the original submittal. As per Chapter 194 -7.1 "the Common Council shall notify this department, in writing, each license it believes requires further investigation by the Department prior to the license being renewed. Additionally, the Common Council shall also forward to this department, any and all information it deems pertinent to the investigation of the licensee. Finally, any actions taken by this Honorable Body with regards to the provisions of a specific Food Store License should be documented during an official Common Council Proceedings with subsequent notice to this department. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 217 FOOD STORE (NEW) 152 ALLEN (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 152 ALLEN (JUAN DIAZ /LITTLE ALLEN) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all requited approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 218 FOOD STORE (NEW) 1245 EAST DELAVAN (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1245 EAST DELAVAN (ALI ALDAILAMUCITY MARKET & DELI INC.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 219 FOOD STORE (NEW) 160 DOAT (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 160 DOAT (FADIHLE ALOMARI / ALOMARI FOOD MARKET) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 220 FOOD STORE (NEW) 472 NORMAL (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 472 Normal ( Thagi Bista /South Asian Grocery) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated January 22, 2015, be received mad filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Thagi Bista d /b /a South Asian Grocery located at 472 Normal. PASSED AYES 9, NOES 0 NO. 221 MOBILE FOOD TRUCK 7 SCOTT ST BUFFALO, NY 14203 HOME ADDRESS (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food track at 7 Scott Buffalo, NY for which said application for a Mobile Food Truck license is being sought by Christian Difiglia @ (716)/(716) Food and Sport and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and above communication from the Commissioner of the Department of Permits and Inspection Services, dated January 15, 2015, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Christian Difiglia of 7 Scott Street, Buffalo, New York 14203 d /b /a (716) Food and Sport is hereby approved. PASSED AYES 9, NOES 0 NO. 222 USED CAR DEALER 289 RAMSDELL (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 289 RAMSDELL and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and 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 IGOR YUZBASHEV. The attached thereto for IGOR YIJZBASHEV /dba /BUFFALO TRANSPORTATION 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, Permits and Inspection Services, dated January 23, 2015, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Igor Yuzbashev d /b /a Buffalo Transportation Inc. located at 289 Ramsdell. PASSED AYES 9, NOES 0 NO. 223 USED CAR DEALER 1338 WEST AVE (NIAGARA) 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 1338 WEST AVE and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and 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 JOHN RODRIGUEZ. The attached thereto for JOHN RODRIGUEZ /dba/ RODZ ENT, LLC. 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, Permits and Inspection Services, dated January 29, 2015, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to John Rodriguez d /b /a RODZ ENT, LLC located at 1338 West Avenue with a limit of 5 cars. PASSED AYES 9, NOES 0 FROM COMMISSIONER OF PARKING NO. 224 APPOINT DISPATCHER (PERM)(MAX)(HAHN) Certificate of Appointment Appointment effective 1/12/15 in the Department of Parking Division of Towing and Storage to the Position of Dispatcher Permanent Open - competitive Maximum starting salary of #38,615 Kelly I. Hahn, 280 Cable St, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 225 NOTICE OF INTENTION - REQUEST NAME CHANGE OF SQUAW ISLAND TO "DIVIDED ISLAND" DEDYOWENOGUHDOH(HRG 03/03/2015) PRIOR COUNCIL REFERENCE: ccp# 177,01/20/2015 This is to advise you that the Public Hearing to Rename Squaw Island to Divided Island is set for March 3, 2015 in the Common Council Chambers This will be advertised in the Paper on 02/20/2015 and 02/27/2015. RECEIVED AND FILED NO. 226 BOARD OF ETHICS MEETING MINUTES - DECEMBER 2014 City of Buffalo Board of Ethics Meeting Minutes Tuesday, December 2, 2014 Members in Attendance: Douglas Coppola, James Magavern, Richard Sullivan, Eleanor Paterson and Elizabeth Harned. Excused: Cavette Chambers and Gerald Chwalinski. Guest: Mary H. Baldwin, Deputy City Clerk Quorum New Business: 1 ) Transactional Disclosure was submitted by Citizen Services Director Oswaldo Mestre Jr. He attended the Executive Customer Contact Exchange Conference 10/14/14 - 10/15/14 in Miami, FL. Director Mestre Jr. needs to submit the standard Transactional Disclosure Statement form for travel; more detail is needed. ? ?? 2) 2015 Financial Disclosures to be sent out by Clerk's office and submitted by City employees and board members (if applicable) by 1/30/15. Old Business: 1. Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Approval of the September 9, 2014 minutes. Received and filed. Next meeting is scheduled for Tuesday, January 27, 2015, RECEIVED AND FILED NO. 227 ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL (CCP# 178, 181 1/20/15) 1 hereby inform you that the following Item which was passed by the Common Council on January 20, 2015 No 178 Waive Permit Fees Seneca Nation Winter Games in Delaware Park No 181 Waive Event Fees for the 2015 south Bflo Farmers Market Was presented to the Mayor on January 23; 2015, and returned to the City Clerk on January 28, 2015 without approval or disapproval Respectfully submitted, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 228 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board Address Business Name Owner's Name 1586 South Park Ave Valle of Mexico Hector Martinez 44 Prime Street Clinton's Dish Global Spectrum LP & Erie Canal Harbor Dev Corp 1063 -1065 Grant Street 1063 -1065 Grant St Showplace Buff LLC RECEIVED AND FILED NO. 229 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 X Comptroller- David Harding. Mi -Ae Hwang x Police- Crystal Meredith, Jamillah Davis, Evelyn Gray, Elizabeth Clark, Luis Marrero, Dustin Johnson, Robert Delaney RECEIVED AND FILED NO. 230 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 1/20/15 in the Department of Audit and Control Division of Audit to the Position of Assistant Auditor Provisional Open - competitive minimum starting salary of $38,751 David E. Harding, 169 Garner Avenue, Buffalo 14213 Certificate of Appointment Appointment Effective January 19, 2015 in the Department of Police Division of Staff Operations to the Position of Police Officer Permanent Appointment Minimum starting salary of $50,373 Anthony Castricone, 286 Ludington Street, Buffalo 14206 Philip Edwards, 32 McCarthy Drive, Buffalo 14211 Justin Zsiros, 70 Olcott Avenue, Buffalo 14220 Mark Hilmey, 176 Tuscarora Road, Buffalo 14220 Felicia Dudley, 419 High Street, Buffalo 14211 Anthony D'Agostino, 32 Rosemary Avenue, Buffalo 14216 Nicholas Sterlace, 36 Evanston Place, Buffalo 14220 Joseph Petronella, 705 Busti Avenue, Buffalo 14213 Virgilio Gonzalez, 29 Philadelphia, Buffalo 14207 Cory Espinosa, 200 Colvin Avenue, Buffalo 14216 Jeffrey Logal, 55 Virgil Avenue, Buffalo 14216 Lauren Tripp, 52 Hansen Avenue, Buffalo 14220 Neil Sullivan, 425 Eden Street, Buffalo 14220 Aaron Bennett, 699 Humboldt Parkway, Buffalo 14208 Certificate of Appointment Appointment Effective January 20, 2015 in the Department of Police Division of Staff Operations to the Position of Police Officer Permanent Appointment Minimum starting salary of $50,373 Joel Blackburn, Jr., 537 Parker Avenue, Buffalo 14216 Certificate of Appointment Appointment Effective January 23, 2015 in the Department of Police Division of Staff Operations to the Position of Police Officer Permanent Appointment Minimum starting salary of $50,373 Trevor Sheehan, 66 Mariemount, Buffalo 14220 Chad Cullen, 193 Hamburg Street, Buffalo 14204 Angelica Andriaccio, 26 Cottage Street, Buffalo 14201 Certificate of Appointment Appointment Effective February 9, 2015 in the Department of Police Division of Administration and Communication to the Position of Public Safety Dispatcher Provisional Appointment Minimum starting salary of $24,212 Debbie Tucker, 83 Urban Street, Buffalo 14208 Venus Carr, 69 Pierce Court, Buffalo 14209 Certificate of Appointment Appointment Effective 1/16/15 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Street Worker Permanent Non - competitive Minimum starting salary of $23,908 Francisco Florez, 51 Olcott St., Buffalo 14220 Certificate of Appointment Appointment Effective 1/16/15 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Temporary Open- competitive Minimum starting salary of $23,908 Dwain Laws, 427 Cornwall Avenue, Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 231 LP CIMINELLI -BOARD PACKET DOCUMENTS JANUARY 2015 The following documents from the Joint Schools Construction Board meeting scheduled on January 5, 2015: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated November 3, 2014 3. Phase 111 Application and Certificate for Payment No. 67R- November 2014 4. Phase 111 Application and Certificate for Payment No. 68 - December 2014 5. Phase V Application and Certificate for Payment No. 56 - November 2014 6. Phase V Application and Certificate for Payment No. 57 - December 2014 Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 232 M. CONNELLY- MINUTES BUFFALO FAIR ELECTIONS COMMITTEE Buffalo Fair Elections Committee Conference Room 1417, City Hall Minutes 01/05/15 Present: Jim Anderson, Megan Connelly, Rob Galbraith, Nate Gulley, Ellen Kennedy, Janet Massaro, Bill Nowak, Mike Raleigh I. Minutes from 12/15/14 corrected: Amend to reflect that Massaro seconded Motion 7. Minutes approved as corrected. II. Reports: a. Subcommittee on sources of funds - Bill Nowak i. A small group met to discuss potential funding streams for a public financing model. Bill distributed an abridged resource he found on ideas for funding a system which listed a number of revenue sources. (Full report attached) ii. Jim Anderson reported that State Comptroller Tom DiNapoli was a guest on his radio show and offered his assistance to the group. III. Old Business a. Contribution Limits i. Rob Galbraith presented figures breaking down donations from the 2013 Mayoral contest. Report will be circulated. b. Corporate Contributions i. Motion 1. Made by Galbraith. Second by Kennedy. Candidates opting into public financing system may only accept contributions from individuals. Motion carries unanimously. ii. Acknowledgement by Nowak that strongest opposition to this proposal is not present. Reminder that Committee agreed all decisions made will be reviewed when the entire program has been completed. IV. New Business a. Motion 2. Made by Kennedy. Second by Galbraith. All unspent monies must be returned to the Public Financing Fund at the end of the election cycle. Motion carries unanimously. b. Motion 3. Made by Kennedy. Second by Galbraith. Starting January 1 sc of the first year of the election cycle the candidate may declare his /her intent to run a small -donor campaign. The candidate must establish a campaign account separate from any pre- existing accounts, and all other accounts must be frozen. The candidate can then begin accepting donations under the small -donor program. Next Conference call will be January 15, 2014 at 5:15 PM. The next regular meeting will be Monday, January 26, 2015 at 4:30 PM, Conference Room 1417, Buffalo City Hall. Meeting adjourned 5:30pm. Submitted, Megan Connelly, Co- Chair, Recorder REFERRED TO THE COMMITTEE ON LEGISLATION NO. 233 C. DIANGELA- REQUEST NAMING SQUAW ISLAND SQUALL ISLAND Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 234 J. GOLOMBEK- LIBERTY CAB REQUEST THE COB ADD ADDITIONAL LICENSES Dear Mr. Chwalinski: Please file the attached letter from Liberty Cab requesting the City of Buffalo add additional licenses. The increase in downtown hotels, restaurants and new housing has created a demand for additional ground transportation. Currently all city taxi and livery plates have been distributed and new drivers cannot get permits to work in Buffalo. Your assistance is greatly appreciated. Sincerely, Joseph Golombek Jr. North District Councilmember REFERRED TO THE SUBCOMMITTEE OF TAXICAB AND LIVERIES NO. 235 L. LORUSSO- NOTICE BROWNFIELD CLEANUP TO BEGIN 295 MARYLAND ST Notice of Start of Construction 295 Maryland Street, Buffalo, NY 295 Maryland, LLC has prepared this notice to let potentially interested parties know that construction activities are slated to begin on the 295 Maryland Street Site (NYSDEC Brownfield Cleanup Program Site Number C915242), located on the corner of Maryland Street and West Avenue in the City of Buffalo. The work will initially involve limited excavation and offsite disposal of approximately 3,500 tons of soil and fill materials, which are being removed pursuant to a draft Remedial Action Work Plan submitted to the New York State Department of Environmental Conservation. 295 Maryland LLC has retained an experienced environmental remediation contractor and engineering firm to complete this work, which will be initiated during the week of January 25 "', 2015. It is expected that the work will be completed within 2 -3 weeks, with redevelopment of the site beginning in the spring of this year. Please contact the undersigned with any questions or concerns. Anthony P. LoRusso 295 Maryland, LLC c/o 306 Elmwood Avenue Buffalo, NY 14222 716 - 884 -3800 RECEIVED AND FILED NO. 236 F. MESIAH -NAACP REQUEST CC RESIST ANY REQUEST TO NAME ANY STRUCTURE AND /OR AREAS IN COB AFTER FORMER US PRES MILLAR FILLMORE Dear Council President Pridgen, Former President Millard Fillmore signed into law the Fugitive Slave Act on September 18, 1850. This law enacted provisions for returning runaway slaves to their owners. This was done to appease Southern Slave owners and over strong objections of Abolitionists and citizens who were opposed to the inhumane institution of slavery. The enactment of this law not only affected runaway slaves, but also free blacks in the North who could be, and often times were, claimed without proof as a runaway slave. For this reason, from 1850 up to the start of the Civil War, many free blacks left this country with their families for Canada, as well as Haiti, Liberia and other places where life was very harsh. Some returned to the United States after the war and others were never able to return. It is for this reason the Executive Board of the Buffalo Branch NAACP is requesting the Buffalo Common Council members to resist and deny any request to name any structure and /or areas in the city of Buffalo after former U.S. President Millard Fillmore. Sincerely, Frank B. Mesiah REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 237 NYSDEC - BROWNFIELD CLEANUP PROGRAM- PUBLIC COMMENT 73 -79 W. HURON ST New York State Department of Environmental Conservation I Receive Site Fact Sheets by Email. See "For More Information" to Learn How. J Site Name: 73 -79 W. Huron St. DEC Site #: C915282 Address: 73 -79 W. Huron St. Buffalo, NY 14202 Draft Investigation Work Plan for Brownfield Site Available for Public Comment The public is invited to comment on a draft work plan being reviewed by the New York State Department of Environmental Conservation (DEC) to investigate the 73 -79 W. Huron St. site ( "site ") located at 73 -79 W. Huron St., Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location identified below under "Where to Find Information." Draft Investigation Work Plan The draft investigation work plan, called a "Remedial Investigation Work Plan," was submitted to DEC under New York's Brownfield Cleanup Program. The investigation will be performed with oversight by DEC and the New York State Department of Health (DOH). How to Comment DEC is accepting written comments about the draft investigation work plan for 30 days, from January 20, 2015 through February 20, 2015. The proposed plan is available for review at the location identified below under "Where to Find Information." Please submit comments to DEC project manager listed under Project Related Questions in the "Who to Contact" area below. Highlights of the Proposed Site Investigation The investigation will define the nature and extent of contamination in soil, surface water, groundwater and any other parts of the environment that may be affected. As an interim remedial measure, previously identified, contaminated soils from the central and southern portions of the parking lot will be excavated and disposed. Other areas of the site, targeted by the investigation, may also be included, based on analytical results. The anticipated depths &the excavation (20 feet) will require the handling of groundwater infiltrating the excavation; groundwater has been encountered at depths of 9 to 11 feet. The excavation water will be pumped to a temporary storage tank on site and treated before being discharge to the sanitary sewers. The excavation will then be backfilled with clean, tested fill and the area re- graded and paved for its intended use Next Steps DEC will consider public comments, revise the plan as necessary, and approve the work plan. DOH must concur with the plan. The approved work plan will be made available to the public (see "Where to Find Information" below). After the work plan is approved, the activities detailed in the work plan will be implemented. When the investigation is completed, a report will be prepared and submitted to DEC that summarizes the results. DEC will review the report, make any necessary revisions and, if appropriate, approve the report. After the investigation, a cleanup plan, called a "Remedial Work Plan" will be developed and a Decision Document will be proposed. The cleanup plan will include an evaluation of the proposed site remedy, or recommend a no action or no further action alternative. The goal of the cleanup plan is to ensure the protection of public health and the environment. DEC will present the proposed cleanup plan to the public for its review and comment during a 45 -day comment period. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The site is located at 73 -79 W. Huron Street, Buffalo, in Erie County. The site is approximately .576 acres in size. Site Features: The site consists of a building and a parking lot. The six story rectangular parking garage is at 73 W Huron. The vacant parking garage is a brick structure with a basement and has a .34 acre footprint. The rectangular parking lot is located to the west of the parking garage. The asphalt paved parking lot is currently in use. Current Zoning /Use: The parking lot portion of the site is used for commercial purposes. Following a site cleanup, the building will be redeveloped for mixed commercial /residential use. Historical Use: The six -story building was constructed in the early 1900s as a horse stable. It was later converted to an automobile parking ramp. Historical activities included the use of petroleum products in above ground drums and underground tanks. Geology and Hydrogeology: Soils beneath the asphalt parking lot consist of free to medium sand with less than 20% silt and clay and intermittent fill. Groundwater is present at approximately 7.5 to 10 feet below ground surface and locality flows to the southeast. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.n' /. —ov /chemical /l 00339.1tunl and -ttp:// www.de—.nv.g—v/cfuax/extapps/derextern—l/haz/detai—s.c—n?pa.geid=3&pr—gn—=C9-528— Page 2 Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as brownfields" so that they can be reused and redeveloped. These uses may include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more j lnoormation about the BCP, visit: http:ilwww.dec.ny. ovlchemicall8450.htrnl FOR MORE INFORMATION Where to Find Information Project documents are available at the following location to help the public stay informed. Erie County Central Library 1 Lafayette Square Buffalo, NY 14203 Project documents are also available on the DEC website at: http: / /www.dec.ny.�ov /chemical /l00338.html Project Related Questions David Locey NYS DEC Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 716 - 851 -7220 david.locey0_dec. ny_.gov We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. RECEIVED AND FILED NO. 238 TARGETING THE MICHIGAN STREET PRESERVATION, BROADWAY AND WILLIAM STREET COMMERCIAL AREAS IN THE BUILDING BETTER BUFFALO FUND. I am here today to request that the Common Council support including the Michigan Street, Broadway and William Street Commercial Areas in the Building Better Buffalo Fund and the Main Street Initiatives Program. Michigan Ave. should be targeted for the Better Buffalo Fund, along with Main, Bailey, Grant, Niagara, Utica, and Ferry Streets because it runs from Main St. to South Park and represents the main thoroughfare in the Michigan Street African American Heritage Corridor. Michigan Ave. also links some of the city's major developments that include the Buffalo Niagara Medical Campus, Compass East, Ellicott Town Center, the Buffalo Pierce Arrow Transportation Museum, the Seneca Buffalo Creek Casino, the Cobblestone District, Buffalo Riverfest Park and Buffalo RiverWorks. Logistically, the Michigan Ave. corridor offers opportunities to begin connecting the economic impact of these new and emerging developments to the Cold Spring, Fruitbelt, Willert Park and South Ellicott neighborhoods. With the exception of the Fruitbelt, the prospects for redeveloping these adjacent eastside communities have not been part of the city's growing renaissance. Michigan Ave. satisfies the criteria of the Better Buffalo Fund with a streetscape that is associated with residential areas that are walk able with great potential for new transit oriented and mixed use developments. There are also valuable community assets that can become the foundation for revitalization. These assets include; the new school of Performing Arts, a refurbished City Honors, the historic Emerson Rowhouses and Bethel AME Church, the African American Cultural Center and Masten Playground. The Fund can provide needed incentives and resources for creating new invest opportunities and engaging eastside residents who are feeling left out of the city's progress. The Main Street Initiatives Program is supp6sed to strengthen neighborhoods by providing resources to invest in commercial growth, community improvements and workforce development. The Michigan / Broadway and William Streets neighborhood commercial areas have been the heartbeat of the historic Willert Park Neighborhood and the city's African American Community and should be added to the program. Since 1996 the Michigan Street Preservation Corporation OVISPC) a not - for - profit community based organization, has been promoting facilitating the preservation of the historic and cultural significance of the Michigan - William Street Area. In 2001 and 2002 the City designated the residence of Rev. J. E. Nash, the dynamic civil fights leader and former pastor Of the Michigan Street Baptist Church as an historic landmark and approved the Michigan Street Preservation Area Urban Renewal Plan. In 2003 the MSPC commissioned the Michigan Street Urban Design Plan for the area. Under this plan Nash House has been completely restored becoming the centerpiece for the emerging cultural district. The plan has also led to ongoing restorations at the Michigan Street Baptist Church which was placed on the National Register of Historic Places in 1974. A jazz museum has been developed at the Colored Musicians Club and planning is taking place to redevelop the vacant Dellenbaugh buildings at 163 -167 Broadway and 60 Nash Streets. Historic markers have been placed at the sites of the Little Harlem Hotel, the home of civil fights leader Mary Talbert, and the former Vine Street African Methodist Episcopal Church and African School. The Heritage Performance Park is in place with a Freedom Walk along Michigan Ave. The Main Street Initiative will provide resources to complete the Design Ham Funding is needed for the completion of the streetscapes and the proposed commercial and residential components. Funding will be used to support the proposed Nash Heritage Interpretive Center and the African American Heritage Corridor Commission Management Plan. Both the Michigan Urban Design and Corridor plans articulate the vision for the emerging Michigan Broadway Heritage District becoming a locally and nationally recognized cultural heritage tourism attraction and destination honoring the contributions of African - Americans from Buffalo. The downtown location of the area offers distinct advantages for focusing public private investment and potential redevelopment activities because of the; • Large residential market that is underserved by retail. • Accessibility to multiple markets including workers, business clientele and tourists, • Large concentrations of buildings and facilities available for adaptive reuse. • A growing reputation as cultural heritage destination. • The concentration of major historic properties that anchor the area. Making this area of the city part of the Main Street Initiatives program will begin realizing the projected economic impact of the increased cultural tourism that will create new opportunities for developing businesses, jobs and revitalizing the community. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 239 H. SONTAG JR. BFLO CAN -PET FOOD PANTRY LETTER OF LNTENT Dear Mr. Chwalinski. This letter is for the Buffalo Companion Animal Network (Buffalo C.A.N.), a 501 (C)(3) nonprofit animal rescue organization whose main priority is to help people keep their pets rather than surrender them to the many overcrowded area shelters, Tiffs letter announces our intentions to utilize the storage space located at the River Rock Road Building (formerly utilized by the Buffalo Board of Education) for use by our organization. Upon permission from the City of Buffalo, Buffalo C.A.N. is prepared to move in quickly to this building space as their storage needs for the pet pantry have greatly increased over the last year. The mission of the Buffalo C.A.N. Pet Food Pantry is to provide temporary assistance to low income Buffalo] residents who are having a difficult time providing nutritional food for their pets. Unlike other programs Ilke AniMeals, for example, which is only available to Meals on Wheels recipients Buffalo C.A.N.'s Pet Food Pantry will he available free of charge to any area resident who can demonstrate proof of a low or fixed income. The purpose of writing this request is for the City of Buffalo to allow our organization m use the above space free of charge and help our non - profit organization develop long -term sustainability plans while using this spa¢— which has been vacant and unused for some time. Permission from the City of Buffalo to utilize this space will allow Buffalo C.A.N. an opportunity to develop a plan for further long -terra growth and public accessibility to a year round center to receive food for their pets, This request will Allow the negotiation, execution, and delivery of definitive agreements satisfactory to each of the parties, including no retail leases, and securing of any required governmental or third party approvals, waivers, or concerns upon request. Maintenance of the non - profit's business in the ordinary course, and the absence of any material adverse change in the organization's mission or business will be presented to the City of Buffalo within 30 business days of change. Buffalo C.A.N. will provide its own insurance of said pre2nise for the tenure of business at said space. Buffalo C.A.N. assumes responsibility for maintenance of said space outside of any building repairs, As this letter is intended to be and is legally binding, this letter is nonbinding and constitutes an indication of intent only and creates no liability or obligation of any nature whatsoever among the parties hereto with respect to any contemplated transaction or any other matter or action described or referred to herein. Legally binding obligations with respect to the contemplated transaction will only arise upon execution of a definitive agreement and related agreements with respect to the transaction, if the foregoing is satisfactory, please indicate your agreement with the foregoing by countersigning a copy of this letter and returning it to our attention. We look forward to ! proceeding together on this transaction and your support of this endeavor to help city residents and their pets, Should you have any questions please feel free to contact me at (716) 983 -0582, REFERRED TO THE COMMISSIONER OF PUBLIC WORKS AND CORPORATION COUNSEL NO. 240 VEOLIA BUFFALO WTR- ANNUAL WATER AUDIT REPORT YR ENDING 06/30/2014 Available for review in The City Clerk's Office RECEIVED AND FILED NO. 241 R. WHELAN -TWC RESPONSE REGARDING RECENT RATE INCREASE Dear Mr. Chwalinski: I am writing in response to the request for comments from Time Warner Cable regarding our recent rate increase. Price adjustments are never a pleasant experience for us or our customers, but they are necessary to meet the rising costs we are incurring in providing services to our customers. Like our customers, we too are facing rising expenses. We realize any increases in our rates will raise questions from you and your constituents, so I would like to explain the reason for these increases in detail. First, it's important to note that, while the City Council Resolution notes that the rate increases "could add up to $9 per month," many of our customers will not be seeing all of these adjustments, and even those adjustments they will see will be deferred for some time. For instance, we will be increasing the retail cost of HBO by $2.04. However, only non -promo customers who receive HBO and Movie Pass on an a la carte basis will be impacted by this increase. The vast majority of Time Warner Cable customers, who subscribe to HBO, get that content as part of a package price, and those package prices aren't changing. Likewise with our 52.76 increase in digital adapter charges. We will continue to honor the promo pricing for customers who received digital adapters under a promotional agreement. Time Warner Cable has provided digital adapters for a 12 -month period for free to customers in those areas where we transitioned channels from analog to digital signals. These adapters are a great economical option for those customers who don't wish to pay for all the features available through a traditional cable box. Still, it was necessary to increase the non - promotional price for HBO and DTAs because our costs to supply those services and equipment have increased. The same is true for the new Sports Programming Surcharge of —2.75 along with the 50 cents increase in our Broadcast TV Surcharge. These price adjustments are necessary because broadcast and sports programming costs are by far the biggest drivers of higher TV prices. The fees we pay to local broadcast channels have soared 60% in the past two years alone -- and the cost of cable sports networks has increased 91 % since 2008. The broadcasting TV and sports programming surcharges listed on customer bills represent only a fraction of what we actually pay for broadcast TV and sports content. The rising cost of sports programming isn't new, but as noted, it's escalating dramatically and we think that it's important to show customers the impact of these rising costs through a specific item on their bills. The new fee will only reflect a small portion of the escalating costs we are now paying for sports. We began listing the Broadcast TV Surcharge as a line item on customer bills earlier this year to highlight these escalating costs, and we will use a similar approach for sports programming going forward. That said, about 30% of all TV customers will not see a Broadcast TV Surcharge increase or the new Sports Programming Surcharge immediately because their TV service is currently part of a promotional package. Our Basic Service customers will not see the Sports Broadcasting Fee at all and about 75% of our Standard and above TV customers will not be charged the Sports Programming Fee immediately because their TV service is currently part of a promotional package as well. Finally, we increased our Internet Modem Lease fee by — ;2.01. This increase is to offset the rising support costs we've seen as customers have begun to use our Internet services on more and more Wi -Fi devices in the home. We have been investing millions of dollars in deploying new modems that support faster speeds and a better Internet experience in all our markets. The modem lease fee helps pay not only for this equipment, but for the substantial maintenance and service we provide to customers. Customers who lease equipment from us are entitled to 24/7 support for their modems, replacement at no cost if a modem fails, and upgrades to new modems to accommodate any speed increases in the future. Customers who may not want these extra benefits and want to avoid the fee can simply purchase a modem from a local retailer. Our website lists modems that are compatible for various speed tiers and the list is growing. The City Council resolution also requested Time Warner Cable to establish an a la carte rate plan. Our current plans offer 20, 70 and 200 channels. We're working to make our channel options as flexible as possible to meet consumer demands for greater choice, but the fact is most of the networks we carry will not allow their channels to be offered on a stand -alone basis. Time Warner Cable continually invests in its network, making it possible to add the new content and features customers want, and the reliable, dependable service customers deserve. In the past year, Time Warner Cable has invested more than 5233 million in network improvement and reliability across our upstate NY and New England market. Also, per our franchise agreement with the city, Time Warner Cable generated more than 52.6 million in general revenue for the City of Buffalo in franchise fees last year alone and over —;10.7 million from 2010 - 2013. In addition, we provided over 5170,000 in Public, Educational, and Governmental Access (PEG) fees. We also have a large workforce in Buffalo and Western New York. In 2014, we opened a new Business Class Call Center in downtown Buffalo, investing over —;2 million in the former Sheehan Hospital, and will be adding 150 new jobs over 5 years at this site. Our current workforce in the city is over 500 employees, which represents over half of our employee network in the Western New York area. We will continue this financial and personnel investment in the Buffalo area and look forward to working with the Buffalo Common Council and Mayor Brown. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 242 J. AKHTAR, OWNER, USE 1344 EAST DELAVAN -NEW APPLICANT FOR EXISTING SECOND -HAND DEALER AND RETAIL SALES STOREFRONT IN THE GENESEE -EAST DELAVAN SPECIAL ZONING DISTRICT (UNIV)(HRG 2/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 243 APPOINT DEPUTY COMMISSIONER OF DPW, BLDGS & ENERGY MNGT CCP# 73- 15 -01/20 Mr. Wyatt moved: That Communication 73 of Jan 20, 2015, be received and filed and that the Appointment of Rishawn Sonubi, 380 Walnut St, Buffalo, NY 14204 to the Position of Deputy Commissioner of DPW, Bldgs & Energy MNGT at the Flat Salary of $ 70,000.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 244 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(VANCE JR)(PW) CCP# 74- 15 -01/20 Mr. Wyatt moved: That Communication 74 of Jan 20, 2015, be received and flied and that the Appointment of Kevin Vance, Jr., 85 Dartmouth, Buffalo, NY 14215 to the Position of Equipment Operator, Provisional at the Intermediate Salary of $ 27,031.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 245 APPOINT REPORT TECHNICIAN, (PENN) (THIRD STEP) (VIRGIL) CCP# 87- 15 -01/20 Mr. Wyatt moved: That Communication 87 of Jan 20, 2015, be received and filed and that the Appointment of Denise Virgil, 27 Richlawn Avenue, Buffalo, NY 14214 the Position of Report Technician; Permanent at the Third Step of $ 33,941.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 246 APPOINT ASSISTANT CORPORATION COUNSEL II(PERM)(HANNIBAL IV) CCP# 88- 15 -01/20 Mr. Wyatt moved: That Communication 88 of Jan 20, 2015, be received and filed and that the Appointment of John Hannibal II, 3348 Wallace Avenue, Grand Island, NY 14072 to the Position of Assistant Corporation Council II, Permanent at the Salary of $ 64939.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 247 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 16-98,01/20) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 248 C. WALKER- UPDATE ON SENECA BUFFALO CREEK CASINO (C.C.P. #15 -116, JAN 20) Mr. Golombek now moves that the above item be Received AND Filed. ADOPTED NO. 249 REPORT OF SALE - 381 BROADWAY (ELL)(STRAT PLAN) (ITEM NO. 2439, C.C.P., DEC. 9, 2014) 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. Chris Augspurger of 389 Broadway Street, Buffalo, New York 14204, in the amount of Four Thousand One Hundred Dollars ($4,100.00) for the purchase of 381 Broadway 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. 250 REPORT OF SALE 226 PROSPECT (ELL)(STRAT PLAN) (ITEM NO. 2441, C.C.P., DEC. 9, 2014) 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. George Alejandro of 6914 Schuyler Drive, Derby, New York 14047, in the amount of Three Thousand One Hundred Dollars ($3,100.00) for the purchase of 381 Broadway 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 &title and that the Mayor be authorized to execute the same, in accordance with th terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 251 REPORT OF SALE - 188 TENTH STREET AND 241 HUDSON (ELL)(STRAT PLAN) (ITEM NO. 2233, C.C.P., OCT. 28, 2014) 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 Ms. Alice D'Amato of 497 Sumner Road, Corfu, New York 14036, in the amount of Eight Thousand Dollars ($8,000.00) for the purchase of 188 Tenth Street and 241 Hudson Street 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 (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 252 J. FRASER, OWNER, TO USE 244 ALIEN A!K /A 242 ALLEN TO REESTABLISH A RESTAURANT AND SIDEWALK PATIO IN THE ALLEN STREET DISTRICT (FILL)(DPIS) (ITEM NO. 118, C.C.P., JAN. 20, 2015) Mr. Scanlon 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. Fraser, Owner, to reestablish a terminated restricted use of a restaurant and sidewalk patio, located at 244 Allen a /k/a 242 Allen in the Allen Street Special District. PASSED AYES — 9 NOES — 0 NO. 253 D. BUCKLEY, AGENT, TO USE 1487 HERTEL TO REESTABLISH USE OF A SIT -IN RESTAURANT WITH AN EXISTING SIDEWALK CAFE IN THE HERTEL AVENUE SPECIAL DISTRICT (DEL)(DPIS) (ITEM NO. 119, C.C.P., JAN. 20, 2015) Mr. Scanlon 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. Buckley, Agent, to reestablish use of a sit -in restaurant with an existing sidewalk cafe, located at 1487 Hertel Avenue in the Hertel Avenue Special District. PASSED AYES — 9 NOES — 0 NO.264 ORDINANCE AMENDMENT - CHAPTER 399 - SMOKING Mr. Scanlon moved: That the above ite be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Section 1 of Chapter 399 of the Code of the City of Buffalo, as it relates to smoking, be amended as specified in the attached Ordinance Amendment. PASSED AYES — 9 NOES — 0 NO. 266 REQUEST AMENDMENT CHAPTER 399 -3 IN REGARDING E- CIGARETTES (CP) (C.C.P. #14 -1706, SEPT 2, 2014) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 256 PROPOSED AMENDMENTS TO ORDINANCES RE SMOKING (PRIDGEN)(EXC RES) (C.C.P. #14 -1086, MAY 13, 2014) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 267 SECOND HANDDEALER -1994 SENECA(AKA 1996)(SOUTH)(EDPI) (C.C.P. #13 -103, JUNE 11, 2013)( #21, 5/28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS 258 BY: RICHARD A. FONTANA: BOND RESOLUTION FIRE APPARATUS PURCHASE ACCOUNT 3000 -21 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,113,250 General Improvement Bonds of said City to finance the cost of acquisition of firefighting apparatus for the Fire Department, in the City, at the estimated total cost of$2,113,250. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million One Hundred Thirteen Thousand Two Hundred Fifty Dollars ($2,113,250), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of acquisition of firefighting apparatus for the Fire Department, in the City, including one ladder truck and two pumpers The estimated total cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,113,250 as set forth in the duly adopted 2015 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 2015 ", 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 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 the maximum amount of $2,113,250. 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 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 259 BY: RICHARD A. FONTANA: BOND RESOLUTION STREET VEHICLES - PURCHASE ACCOUNT 3000 -30 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 pick -up trucks and garbage packers for the City Sanitation 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 I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of 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 acquisition for the City Sanitation Department of (a) five pick -up trucks at the estimated maximum cost of $125,000 and (b) garbage two packers at the estimated maximum cost of $355,000. The total 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 $500,000 as set forth in the duly adopted 2015 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, 'Street Vehicles - Purchase - 2015 ", 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 $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 Objects or purposes for which $125,000 bonds authorized by Section 1(a) in this resolution are to be issued, within the limitations of Section 11.00 a. 77 of the Local Finance Law, is three (3) years. (b) The period of probable usefulness applicable to the specific objects or purposes for which $355,000 bonds authorized by Section 1(b) in this resolution are to be issued, within the limitations of Section 11.00 a. 28 of the Local Finance Law, is fifteen (15) years. (c) 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 accounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 260 BY: RICHARD A. FONTANA BOND RESOLUTION ALLEN STREET- BNMC IMPROVEMENTS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,091,400 General Improvement Bonds of said City, in addition to the $250,000 bonds previously issued, to finance the local share of the cost of Allen Street improvements between Washington and North Oak Streets and between Main Street and Wadsworth Street, in the City, at the estimated maximum cost of $6,800,000, including application of $18,600 current funds, proceeds of $250,000 bonds previously issued, and $5,440,000 expected to be received from the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of One Million Ninety -One Thousand Four Hundred Dollars ($1,091,400), 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 "), in addition to application of $18,600 current funds and the proceeds of $250,000 bonds previously issued, to finance the local share cost of rehabilitation of Allan Street improvements between Washington to Oak and Main to Wadsworth, including design, construction, curb and sidewalk installation and replacement, pavement installation and replacement, mill and overlay of street pavements, installation of ADA compliant ramps, landscaping, crosswalks, drainage, striping, lighting, signage, multi -use path, traffic control systems and 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 $6,800,000 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $5,440,000 expected to be received from the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit Ofthe Department of Public Works, Parks and Streets, Division of Engineering, "Allen Street - BNMC Improvements - 2015', 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 $1,091,400. 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. 91 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance -with Section 107.00 d, 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 261 BY: RICHARD A. FONTANA: BOND RESOLUTION BRIDGE REHABILITATION - VARIOUS 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 of various bridges Citywide, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of various bridges Citywide, including Louisiana Street Bridge over 1 -190, South Park Bridge over CSX Railway and Amherst Street Bridge over CSX Railway consisting of foundation, sub - structure, superstructure, deck, railing, joints, bearings, fencing, curbing, pavement, City -owned utilities that are attached to bridges and other appurtenant bridge infrastructure elements. 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 $500,000 as set forth in the duly adopted 2015 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, 2015', 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 $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or proposes 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 such publication, Or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 262 BY: RICHARD A. FONTANA: BOND RESOLUTION ELK & OHIO STREET BRIDGES REHABILITATION (PLANNING BOND) ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $170,130 General Improvement Bonds of said City, to finance the cost of planning rehabilitation /reconstruction of the Elk Street Bridge over the railroad tracks between Lee and Smith Streets and the Ohio Street Lift Bridge over the Buffalo River, between St. Clare and Ganson Streets, in the City, at the estimated maximum cost of $170,130. 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 Thousand One Hundred Thirty Dollars ($170,130), 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 of the cost of planning bridge improvements consisting of (a) rehabilitation /reconstruction of the Elk Street Bridge over the railroad tracks between Lee and Smith Streets in the City, at the estimated maximum cost of$133,750 and (b) the Ohio Street Lift Bridge over the Buffalo River between St. Clare and Ganson Streets in the City, at the estimated maximum cost of $36,380. 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 $170,130 as set forth in the duly adopted 2015 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, "Elk & Ohio Street Bridges Rehabilitation (Planning Bond) - 2015', Bond Authorization Account No. 3000 -31, and shall be used for the object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $170,130. 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. 62(2" of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 263 BY: RICHARD A. FONTANA: BOND RESOLUTION ERIE BASIN MARINA REHABILITATION ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $535,000 General Improvement Bonds of said City to finance the cost of reconstruction of the Erie Basin Marina, in the City, at the estimated total cost of $535,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thirty -Five Thousand Dollars ($535,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of reconstruction of the Erie Basin Marina in the City, including design, deck replacement, rehabilitation of structural steel, replacement /rehabilitation of pier foundations, replacement /rehabilitation of water and /or electric hookups, gangways, lancing and railings. 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 $535,000 as set forth in the duly adopted 2015 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, Erie Basin Marina Rehabilitation - 2015', Bond Authorization Account No. 3000 -31 and shall be used for the objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $535,000. This Resolution is a declaration &Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $535,000 bonds herein authorized are to be issued, within the limitations of §11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bands 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 pf0eeeding contesting such validity, is commenced within twenty days offer the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 264 BY: RICHARD A. FONTANA: BOND RESOLUTION GENESEE 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 of the cost of partial reconstruction of Genesee Street between Washington and Elm Streets in the City, at the estimated maximum cost of $2,002,500, and authorizing $1,000,000 expected to be received from the State of New York and a $200,000 grant from National Grid to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the 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 of the cost of partial reconstruction of Genesee Street between Washington and Elm Streets in the City, including design, rehabilitation and /or reconstruction of highway and other infrastructure elements on existing City right of ways, asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, landscaping, signage, highway drainage and other related right of way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the Financing thereof, is $2,002,500 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $1,000,000 expected to be received from the State of New York and a $200,000 grant from National Grid to be expended towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Engineering, "Genesee Gateway Improvements - 2015', 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 within the limitations of Section 91 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said cotes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 266 BOND RESOLUTION HAMBURG STREET BOAT DOCKS IMPROVEMENTS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $52,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to the Hamburg Street Deck located on the bank of the Buffalo River adjacent to the southern terminus of Hamburg Street in the City, at the estimated total cost of $52,000. 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 Fifty -Two Thousand Dollars ($52,000), 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 Hamburg Street Dock located on the bank of the Buffalo River adjacent to the southern terminus of Hamburg Street in the City, including design, installation of floating canoe and kayak launch including fixed foundations, floating deck, gangway, and all necessary site and landscape improvements to facilitate access from the Hamburg Street right -of -way. The estimated total cost of said 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 $52,000 as set forth in the duly adopted 2015 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, Hamburg Street Boat Docks Improvements - 2015', Bond Authorization Account No. 3000 -31 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 &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 $52,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $52,000 bonds herein authorized are to be issued, within the limitations of§ 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance -with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. 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 aider the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 266 BY: RICHARD A. FONTANA: BOND RESOLUTION INFRASTRUCTURE IMPROVEMENTS - CITYWIDE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $5,818,000 Genera /Improvement Bonds of said City to finance the cost of infrastructure improvements City -wide, at the estimated total cost of $5,818,000. 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 Million Eight Hundred Eighteen Thousand Dollars ($5,818,000), 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 infrastructure improvements City -wide as described in column A of the attached schedule, located at the addresses in the City as shown in column B of the attached schedule, including improvements as described in column D of the attached schedule. The respective estimated total cost of each of said infrastructure projects and the respective amounts of bands authorized by this resolution to be issued for each of said infrastructure projects, including preliminary costs and costs incidental thereto and the financing thereof, is as set forth in column C of the attached schedule and the duly adopted 2015 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- 2015', 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 total maximum amount of $5,818,000. 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 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 tan (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 provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 267 BY: RICHARD A. FONTANA: BOND RESOLUTION KENMORE AVENUE (MAIN AND STARIN) RECONSTRUCTION ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $449,500 General Improvement Bonds of said City and application of proceeds from $192,500 bonds previously authorized to finance the local share of the cost of rehabilitation of Kenmore Avenue between Main and Starin in the City, at the estimated maximum cost of $5,340,000, including application of $522,000 County funds and $4,176,000 expected to be received from the United States of America to be expended towards the oust thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Forty -Nine Thousand Five Hundred Dollars ($449,500), 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 ") and an intermunicipal agreement with Erie County, in addition to application of $192,500 bonds previously authorized, to finance the local share cost of rehabilitation of Kenmore Avenue between Main and Starin Streets in the City, including curb and sidewalk replacement, mill and overlay of street pavements, street reconstruction, installation of ADA compliant ramps, trees, landscaping, crosswalks, drainage, striping, lighting and 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 $5,340,000 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $522,000 County funds and $4,176,000 expected to be received from the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Engineering, "Kenmore Avenue (Main and Starin) Reconstruction - 2015', 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 $449,500. 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. 91 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution, Introduced: REFERRED TO THE COMMITTEE ON FINANCE 268 BY: RICHARD A. FONTANA BOND RESOLUTION NIAGARA STREET IMPROVEMENTS PHASE II ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,070,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Niagara Street from Virginia Street to Porter Avenue in the City, at the estimated total cost of $1,070,000. 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 One Million Seventy Thousand Dollars ($1,070,000), 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 Niagara Street from Virginia Street to Porter Avenue, in the City, including but not limited to: design and construction, rehabilitation and /or reconstruction of highway and other infrastructure elements on existing city right -of -ways, asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, landscaping, signage, highway drainage and other related right -of- way enhancements. The estimated cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,070,000 as set forth in the duly adopted 2015 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, "Niagara Street Gateway -Phase II- 2015' , 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 $1,070,000. 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 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 Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 269 BY: RICHARD A. FONTANA: BOND RESOLUTION NIAGARA STREET GATEWAY IMPROVEMENTS - PHASE III& IV ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $374,500 General Improvement Bonds of said City, and application of proceeds from $1,345,500 bonds to be authorized in the future, to finance the local share of the cost of partial reconstruction of Niagara Street between Porter Avenue and Ontario Street and the intersection of Niagara Street and West Ferry Street, in the City, at the estimated maximum cost of $1,720,000. 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 Three Hundred Seventy -Four Thousand Five Hundred Dollars ($374,500), 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 "), and to apply proceeds from $1,345,500 bonds to be authorized in the future, to finance the local share cost of partial reconstruction of Niagara Street between Porter Avenue and Ontario Street and the intersection of Niagara Street and West Ferry Street, in the City, including design and construction, rehabilitation and /or reconstruction of highway and other infrastructure elements on existing city right -of -ways, asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, landscaping, signage, highway drainage and other related right -of- way enhancements and inspection. 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 $1,720,000 as set forth in the duly adopted 2015 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, "Niagara Street Gateway Improvements -Phase III & IV - 2015 ", 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 $374,500. 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 axe to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10)),ears. (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 p edged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 270 BY: RICHARD A. FONTANA: BOND RESOLUTION SHORELINE TRAIL REHABILITATION ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $428,000 General Improvement Bonds of said City to finance the local share of the cost of rehabilitation of Shoreline Trail located on Squaw Island, in the City, at the estimated maximum cost of $2,008,000, and authorizing $1,580,000 expected to be received from the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Twenty Eight Thousand Dollars ($428,000), 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 rehabilitation of Shoreline Trail, located on Squaw Island, including design, construction, safety improvements to the segment of the Shoreline Trail within City limits, pavement rehabilitation, shoreline rehabilitation, replacement and installation of safety railing, installation &removable bollards, sidewalks, lighting, drainage, landscaping, signage, and other related enhancements. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,008,000 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $1,580,000 expected to be received from the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Engineering, "Shoreline Trail Rehabilitation - 2015', 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 $428,000. 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 Me Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 271 BY: RICHARD A. FONTANA BOND RESOLUTION SOUTH PARK LOOP BRIDGE REHABILITATION ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $129,470 General Improvement Bonds of said City; to finance the local share of the cost of rehabilitation for South Park Loop Bridge over South Park Lake in the City, at the estimated maximum cost of $1,200,000, and authorizing $1,070,530 expected to be received from the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of One Hundred Twenty Nine Thousand Four Hundred Seventy Thousand Dollars ($129,470), 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 rehabilitation to South Park Loop Bridge over South Park Lake in the City, including approaches. 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 $1,200,000 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $1,070,530 expected to be received from the United States of America towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Engineering, "South Park Loop Bridge Rehabilitation - 2015', Bond Authorization Account No. 3000 -31, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $129,470. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 10 of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9, of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE P* &4 BY: RICHARD A. FONTANA: BOND RESOLUTION ALLENDALE THEATER UPGRADES ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $172,324 General Improvement Bonds of said City to finance the cost of partial reconstruction of the Allendale Theater located at 203 Main Street in the City, at the estimated total cost of $172,324. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members Of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Seventy Two Thousand Three Hundred Twenty Four Dollars ($172,324), 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 "), and in accordance with the lease agreement between the City and Theater of Youth Company, Inc., to finance the cost of partial reconstruction of the Allendale Theater located at 203 Alien Street in the City, including roofing system, roof drains, roof system (lashings, and reconstruction of masonry facades. 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 $172,324 as set forth in the duly adopted 2015 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, "Allendale Theater Upgrades - 2015', 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 specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $172,324. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 273 BY: RICHARD A. FONTANA: BOND RESOLUTION BROADWAY MARKET FLOOR REHABILITATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $130,000 General Improvement Bonds of said City to finance the cost of rehabilitation of the concrete floor of the Broadway Market located at 999 Broadway in the City, at the estimated total cost of $130,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thirty Thousand Dollars ($130,000), 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 rehabilitation of the concrete floor of the Broadway Market located at 999 Broadway in the City, which is to have a penetrating sealant rated at a life expectancy equal to or greater than 5 years. The estimated total cost of said 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 $130,000 as set forth in the duly adopted 2015 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, "Broadway Market Floor Rehabilitation - 2015", Bond Authorization Account No. 3000 -32 and shall be used for the object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $130,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a. 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 Act are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Law, is fifteen (15) years; however the maximum term of any bonds issued pursuant to this Bond Resolution shall not extend beyond five (5) years from the date of the first borrowing pursuant hereto. (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 accounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: . (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 274 BY: RICHARD A. FONTANA: BOND RESOLUTION CAZENOVIA PARK CASINO IMPROVEMENTS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $527,769 General Improvement Bonds of said City to finance the cost of Cazenovia Park Casino improvements in the City, at the estimated total cost of $527,769. 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 Twenty -Seven Thousand Seven Hundred Sixty -Nine Dollars ($527,769), 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 Cazenovia Park Casino improvements, including design, structural rehabilitation of existing concrete slab, reconstruction of damaged structural elements, removal and replacement of existing tile flooring, water /weather plumbing, replacement of egress doors, building rafters and chimney repainting. The estimated total cost of said specific abject 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 $527,769 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. Section 2. The proceeds &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, Cazenovia Park Casino Improvements - 2015', 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 $527,769. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. 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 ma) be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 276 BY: RICHARD A. FONTANA: BOND RESOLUTION CITY COURT RENOVATIONS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,224,407 General Improvement Bonds of said City to finance the cost of partial reconstruction of the City Court building at 50 Delaware Avenue in the City, at the estimated total cost of $3,224,407. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of ant less than two - thirds of all the members of said Common Council) as follows: Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Million Two Hundred Twenty -Four Thousand Four Hundred Seven Dollars ($3,224,407), 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 City Court building at 50 Delaware Avenue in the City, including removal and replacement of existing roof and exterior glazing, construction of a new courtroom, judges' chambers, general construction, plumbing, electrical, HVAC, refurbishing of three elevators, controllers, cabling and interior cab finishes. 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 $3,224,407 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, City Court Interior and Exterior Renovations - 2015 ", 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 $3,224,407. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital 6f 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 provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 276 BY: RICHARD A. FONTANA: BOND RESOLUTION DOWNTOWN BALL PARK (COCA COLA FIELD) IMPROVEMENTS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Coca Cola Field located at 275 Washington Street in the City, 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 recreational area improvements to Coca Cola Field located at 275 Washington Street in the City, including replacement of existing seating with various associated costs The estimated total cost of said 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 2015 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, "Downtown Ball Park (Coca Cola Field) Improvements - 2015', Bond Authorization Account No. 3000 -32 and shall be used for the object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $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. (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 such publication, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 277 BY: RICHARD A. FONTANA: BOND RESOLUTION FIRE STATION IMPROVEMENTS 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 improvements for Engine 21 and Engine 28 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 nut 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 improvements for Engine 21 and Engine 28 in the City, including a new emergency power system at Engine 21 and a new roof at Engine 28. 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 2015 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, "Fire Station Improvements - 2015', 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 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 m 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 provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 278 BY: RICHARD A. FONTANA: BOND RESOLUTION LIBRARY BUILDINGS RENOVATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of City Library buildings, at the estimated total cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Niagara, Crane and East Delavan Branch City Library buildings, including ADA compliance at the Niagara, Crane, and East Delavan Branches and a new roof at the Crane Branch. 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 $150,000 as set forth in the duly adopted 2015 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 Buildings Renovation - 2015", 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 $150,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the 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. 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 he 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 aider the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 279 BY: RICHARD A. FONTANA: BOND RESOLUTION MCKINLEY MONUMENT RESTORATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $222,000 General Improvement Bonds of said City to finance the cost of restoration of McKinley Monument located at Niagara Square in the City, at the estimated total cost of $222,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Twenty Two Thousand Dollars ($222,000), 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 restoration of McKinley Monument located at Niagara Square in the City, including reconstruction of masonry, stonework, and reconstruction of bronze and brass elements. 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 $222,000 as set forth in the duly adopted 2015 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, "McKinley Monument Restoration - 2015', Bond Authorization Account No. 3000 -32 and shall be used for the 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 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 $222,000. 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. 76 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 &the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real properly within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 280 BY: RICHARD A. FONTANA: BOND RESOLUTION MUSEUM OF SCIENCE ROOF AND MASONRY RECONSTRUCTION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $584,027 General Improvement Bonds of said City to finance the cost of partial reconstruction of the Buffalo Museum of Science located at 1020 Humboldt Parkway, at the estimated total cost of $584,027. 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 sane Genera Improvement Bonds of said City in the principal amount of Five Hundred Eighty Four Thousand Twenty Seven Dollars ($584,027), 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 ") and in accordance with the lease agreement between the City and Buffalo Society of Natural Sciences, to finance the cost of partial reconstruction of the Buffalo Museum of Science located at 1020 Humboldt Parkway, including architectural reconstruction of building envelope, roofing system, roof drains, roof system (lashings, reconstruction of masonry facades, reconstruction of stone facades, removal and reinstallation of any mechanical and electrical equipment. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $584,027 as set forth in the duly adopted 2015 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, "Museum of Science Roof and Masonry Reconstruction - 2015', 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 $584,027. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 281 BY: RICHARD A. FONTANA: BOND RESOLUTION POLICE PRECINCTS RENOVATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,223,036 General Improvement Bonds of said City to finance the cost of partial reconstruction of Police Department Buildings, in the City, at the estimated total cost of $1,223,036. 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 Million Two Hundred Twenty -Three Thousand Thirty -Six Dollars ($1,223,036), 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 Police Precincts in the City, including Headquarters, A District and Precinct #7, comprising architectural and engineering design services, 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; testing and abatement of any environmental hazards. 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 $1,223,036 as set forth in the duly adopted 2015 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, "Police Precinct Renovation - 2015', 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 $1,223,036. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.1 50 -2. Section 4. The following additional matters are hereby determined and stated: (a) The 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 1 1.00 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. 0. 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 previsions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 282 BY: RICHARD A. FONTANA: BOND RESOLUTION REPTILE HOUSE (ZOO) ROOF REPLACEMENT ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $267,500 General Improvement Bonds of said City to finance the cost of partial reconstruction of the Buffalo Zoo Reptile House located at 300 Parkside Avenue in the City, at the estimated total cost of $267,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Sixty -Sevan Thousand Five Hundred Dollars ($267,500), 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 "), and in accordance with the lease agreement between the City and the Zoological Society of Buffalo, Inc., to finance the cost of partial reconstruction of the Buffalo Zoo Reptile House located at 300 Parkside Avenue in the City, including roof replacement. 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 $267,500 as set forth in the duly adopted 2015 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, "Reptile House (Zoo) Roof Replacement - 2015', 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 specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $267,500. This Resolution is a declaration &Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged fur the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 283 BY: RICHARD A. FONTANA BOND RESOLUTION DELAWARE PARK STAGE INFRASTRUCTURE ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $205,440 General Improvement Bonds of said City to finance the cost of recreational area improvements to the Delaware Park Stage in the City, at the estimated total cost of $205,440. 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 Five Thousand Four Hundred Forty Dollars ($205,440), pursuant to the provisions of the Charter of said City, an intermunicipal agreement with Erie County 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 Delaware Park Stage, including but not limited to design, installation of permanent infrastructure, concrete work, paving, sidewalk, structural foundations, drainage, utilities, lighting and landscaping, A &E services, construction administration and construction oversight. 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 $205,440 as set forth in the duly adopted 2015 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, "Delaware Park Stage Infrastructure - 2015', Bond Authorization Account No. 3000 -40 and shall be used for the objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $205,440. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 284: BOND RESOLUTION LASALLE PARK SKATE PARK - PHASE II ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $321,000 General Improvement Bonds of said City to finance the east of Phase 11 recreational area improvements to LaSalle Park, in the City, at the estimated total cost of $321,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Twenty One Thousand Dollars ($321,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of Phase II recreational area improvements to LaSalle Park in the City, including construction expansion of the skateboard park, grading, paving, utility modifications, bollards, drainage, landscaping, installation of field fit and cast -in -place skateboard equipment, and other enhancements. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $321,000 as set forth in the duly adopted" 2015 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Parks, LaSalle Park Skate Park - Phase 11- 2015', Bond Authorization Account No. 3000 -40 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 $321,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $321,000 bonds herein authorized are to be issued, within the limitations of §11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. 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 bend anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 285 BY: RICHARD A. FONTANA: BOND RESOLUTION SCHILLER PARK AND POND IMPROVEMENTS ACCOUNT 3000 -40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $353,100 General Improvement Bonds of said City to finance the cost of recreational area improvements to Schiller Park and Pond, in the City, at the estimated total cost of$353,100. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Fifty -Three Thousand One Hundred Dollars ($353,100), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to Schiller Park and Pond, in the City, including but not limited to dredging of the pond and proper disposal of material, shoreline restoration, removal of pavement and miscellaneous foundations, regrading, drainage, installation of bollards and pavement, utility modifications, fence removal and reconstruction, park structure rehabilitation, and landscaping. The estimated total cost of said specific object or purpose for which the bends authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $353,100 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Parks, Schiller Park and Pond Improvements - 2015', Bond Authorization Account No. 3000 -40 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 $353,100. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $353,100 bonds herein authorized are to be issued, within the limitations of §11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52,00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE 286 BY: RICHARD A. FONTANA) BOND RESOLUTION DEMOLITIONS- EMERGENCY CONDITIONS - CITYWIDE ACCOUNT 3000 -65 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,500,000 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 total cost of $2,500,000. 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 Two Million Five Hundred Thousand Dollars ($2,500,000), 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 demolition of various City -owned and private buildings which pose a significant threat to public health or safety. 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 $2,500,000 as set forth in the duly adopted 2015 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 Permit & Inspection Services, "Demolitions - Emergency Conditions - Citywide - 2015", Bond Authorization Account No. 3000 -65 and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,500,000. 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 for the objects or purposes for which the $2,500,000 bonds herein authorized are to be issued, within the limitations of § 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. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: REFERRED TO THE COMMITTEE ON FINANCE NO. 287 BY: MR. FONTANA TRANSFER OF FUNDS - COMMUNITY SERVICES That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 15513006 - 434000 Community Services- Contractual Services $100,000 To: 17111006 - 435201 -11422 Grant In Aid - Buffalo Niagara Film Commission $100,000 PASSED AYES 9, NOES 0 NO. 288 BY: MR. FONTANA TRANSFER OF FUNDS - JUDGEMENT AND CLAIMS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 17221008 - 480205 Judgement and Claims $250,000 To: 25120090 - 391010 -11314 Special Revenue Fund $250,000 PASSED AYES 9, NOES 0 NO. 289 BY: COUNCIL PRESIDENT DARIUS PRIDGEN SET PUBLIC HRG DISPOSTION OF REAL PROPERTY BURA 240 AND 260 LAKEFRONT BLVD (HRG 2/17/15) WHEREAS, the City of Buffalo Renewal Agency (Agency) is requesting authorization by your Honorable Body to sell 240 and 260 Lakefront Boulevard (Real Property), Buffalo, New York to Ciminelli Real Estate Corporation (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property. The Purchaser is proposing to construct a four story midrise building with 15 -20 units and 10 three story townhomes with a 100' setback from the water and a potential pool on the vacant 2.4 acre Real Property; and WHEREAS, the Agency Board has approved the sale of the Real Property at its meeting of January 22, 2015. The Agency has negotiated a sales price based upon the fair market value of the Property; WHEREAS, said terms of the proposed transfer have been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of Property may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 7th day of February 2015. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 17 day of February 2015. ADOPTED NO. 290 BY: COUCNIL PRESIDENT DARIUS PRIDGEN DISPOSITION OF REAL PROPERTY CITY OF BURA 240 AND 260 LAKEFRONT BOULEVARD WHEREAS, the City of Buffalo Urban Renewal Agency (Agency) has approved the sale of 240 and 260 Lakefront Boulevard, Buffalo, New York (Real Property) to Ciminelli Real Estate Corporation (Purchaser) or an affiliated entity formed or to be formed to hold title to the Real Property; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the terms of the proposed sale of the property has been duly submitted to this Common Council by Agency; and NOW, THEREFORE, BE IT RESOLVED: The Agency is hereby authorized to transfer 240 and 260 Lakefront Boulevard to Ciminelli Real Estate Corporation or an affiliated entity formed or to be formed to hold title to the Real Property for $2.2 million and the Agency Vice Chair is authorized to execute a quitclaim deed to convey title to Real Property to Ciminelli Real Estate Corporation or an affiliated entity formed or to be formed to hold title to the Real Property, said sale to be negotiated to finalization and approved as to form by the Agency General Counsel; and Agency personnel are authorized to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of 240 and 260 Lakefront Boulevard to Ciminelli Real Estate Corporation or an affiliated entity formed or to be formed to hold title to the Real Property. REFERRED TO THE COMMITTEE ON COMMUNTIY DEVELOPMENT NO. 291 BY: MR. SCANLON DISCHARGE COMMITTEE ON LEGISLATION ITEM #13 -42 C.C.P, NOV. 26, 2013 "LODGING HOUSE LICENSE -557 HERTEL (NORTH)(EDPI)" Whereas: The above item is currently in the Committee on Legislation; 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 Legislation from further consideration of Item #13 -42 C.C.P. Nov. 26, 2013 "Lodging House License -557 Hertel (North)(EDPI)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, PASSED AYES 9, NOES 0 NO. 292 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT -HUMAN RESOURCES 25- HUMAN RESOURCES 1054 - CIVIL SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 25 -1054- Human Resources -Civil Service which currently reads: 1 Account Clerk Typist $ 31,754 - $ 32,127 Is hereby amended to read: 1 Senior Clerk $ 32,113 - $ 35,582 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. GLADYS HERNDON -HILL, COMMISSIONER OF HUMAN RESOURCES AND DONNA J. ESTRICH, COMNIISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE -y" :7A-11 .1 4 4 4 019ATITY1A a I NO. 293 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, 2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Thomas P. English Megan K. Fink Jessica L. Gartley Joseph Glendinning Brian Inglut Ikeisha Thompson Bebee J. Watts ADOPTED BY: RASHEED N. C. WYATT NO. 294 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Alana Barricks Anthony Michael Brown Stephanie K. McGrath ADOPTED NO. 296 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Special Committees Tuesday, February 10, 2015 at 9:45 o'clock A.M. Tuesday, February 10, 2015 at 10:00 o'clock A.M. Tuesday, February 10, 2015 at 1:00 o'clock P.M. Tuesday, February 10, 2015 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 296 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 2:44 P.M. GERALD A. CHWALINSKI CITY CLERK Feb 3, 2015