HomeMy WebLinkAbout16-0202 NO. 3
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 2, 2016
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Mark J.F.Schroeder
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
ELLICOTT DISTRICT
DARIUS G. PRIDGEN
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
CHRISTOPHER P.SCANLON
MAJORITY LEADER
NIAGARA DISTRICT
DAVID A. RIVERA
DISTRICT COUNCIL MEMBERS
RICHARD A. FONTANA-LOVEJOY
DAVID A FRANCZYK-FILLMORE
ULYSEES O.WINGO SR.-MASTEN
JOSEPH GOLOMBEK JR.—NORTH
JOEL P. FEROLETO—DELAWARE
RASHEED N.C.WYATT-UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Rasheed N.C.Wyatt-Chairman, Richard A. Fontana, David A. Rivera, Ulysees O.Wingo,Sr.-
Members
CLAIMS COMMITTEE:Joel P. Feroleto-Chairman,Joseph Golombek Jr., David A. Rivera, Rasheed N.C.Wyatt-Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek Jr., Chairman- David A. Rivera, Christopher P. Scanlon, Ulysees
O.Wingo,Sr., Rasheed N.C.Wyatt-Members
FINANCE COMMITTEE: Richard A. Fontana, Chairman, Joel P. Feroleto, David A. Rivera, Ulysees O. Wingo, Sr. Rasheed N.C.
Wyatt-Members.
LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, Joel P. Feroleto, David A. Franczyk, Joseph Golombek Jr., David
A. Rivera-Members.
RULES COMMITTEE: Darius G. Pridgen,Chairman,Christopher P.Scanlon, David A. Rivera-Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: David A. Rivera,Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members
EDUCATION COMMITTEE: Ulysees O.Wingo,Sr.Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-
Members
POLICE OVERSIGHT: David A. Rivera.,Chairman,Joel P. Feroleto, David A Franczyk,Christopher P.Scanlon—Members
PUBLIC TRANSPORTATION:Christopher P.Scanlon,Chairman Joel P. Feroleto, David A. Franczyk, David A. Rivera,-Members
WATERFRONT DEVELOPMENT COMMITTEE: Christopher P.Scanlon Chairman, David A. Franczyk,Joseph Golombek,Jr.,
Ulysees O.Wingo,Sr.-Members
INVOCATION PLEDGE TO FLAG DATE February 2, 2016
FINAL
MAYOR
MAYOR-EXECUTIVE
164- 1. Strat Plan-Report of Sale 22 &24 B Street(Fill) APP
165- 2. Strat Plan-Report of Sale 97 Farmer(North) APP
166- 3. Strat Plan-Report of Sale 1168 Kensington(Univ) CD
167- 4. Strat Plan-Report of Sale 211 Lombard(Fill) APP
168- 5. Strat Plan-Report of Sale 153 Madison(EII) APP
169- 6. Strat Plan-Report of Sale 42 Strauss(Fill) APP
170- 7. Strat Plan-Report of Sale 239 Titus(Fill) CD
171- 8. Strat Plan-Report of Sale 104 Woltz(Fill) APP
COMPTROLLER
172- 9. Certificate of Necessity-Legislative R&F
173- 10. Certificate of Necessity-Police R&F
174- 11. Report on Emergency Rehabilitation Loan Program FIN
PUBLIC WORKS
175- 12. Notification Serial#10914-10916(waive 45 days) R&F
176- 13. Change in Contract Historical Society Electrical Renovations(Del) APP
177- 13A Emergency Repair-Gloria Parks Fire Alarm Replacement(Univ) APP
178- 14. Permission to Accept Funds and Enter Agmt with Empire State Deve for Genesee
St Streetscape Proj and Pearl St-Two-Way Conversion Proj(Ell, Fill) APP
179- 15. Permission to Enter Feasibility Cost-Share Agmt with US Army Corps of Eng
For Broderick Park and Unity Island Sea Wall APP
180- 16. Permission to Hire Consultant N. Bflo Ice Rink Improvements(Del) APP
181- 17. Permission to Increase Contract for Engineering Service Niagara St Gateway
Project(Ell,Fill) APP
182- 18. Reduction in Retention Broderick Park Ph 2 APP
183- 19. Report of Bids City Wide Parks Improv Play Court Rehab Proj-Phase 4 APP
184- 20. Report of Bids Kenmore Ave-Curb&Sidewalk Replacement APP
185- 21. Report of Bids LaSalle Park Improv, DAR Drive APP
186- 22. Appoint Recycling Coordinator(Perm)(Inter)(Attridge) CS
187- 23. Appoint Supervisor of Waterway& Bridge Maintenance(Perm)(Max)(Maloney) CS
188- 24. Appoint Truck Driver(Temp)(Inter)(Walker) CS
PERMITS AND INSPECTIONS
189- 25. Property Management License-Key Property Consulting Inc LEG
190- 26. Property Management License-Towne Housing LLC LEG
PARKING
191- 27. New Vehicle Purchase FIN
CITY CLERK
192- 28. Liquor License Applications R&F
193- 29. Leaves of Absence R&F
194- 30. Notices of Appointment-Seasonal R&F
195- 31. Notices of Appointments-Temp/Prov/Perm CS
MISCELLANEOUS
196- 31A BCS/KSB/BNCB-Language Access Plan POL
0/S
32. Bflo Block Club Coalition-Req Restricting Bflo Common Council Members and
Staff from Holding Block Club Positions WITHDRAWN
197- 33. D. Crist-Alden Town Clerk-Res Supporting the Termination of 1977 Sales Tax
Revenue Distribution Agmt R&F
198- 34. V. Dankowski-Cheektowaga Town Clerk-Public Hrg to Amend Zoning Law R&F
199- 34A J. Golombek-Concerns Taxi Cab Drivers(Bflo News Article) TAXICAB
200- 35. L. Hastreeter-Concerns ABLEY R&F
201- 36. L. Hastreeter-Concerns Block Grant Money OSP
202- 37. L. Hastreeter-Concerns FOIL request LAW
203- 38. NYSDEC-Certifies Cleanup 89 LaSalle CD
204- 39. NYSDEC-Certifies Cleanup 766 New Babcock R&F
205- 40. M. Romanowski-SEQR 3 Gates Circle CD
206- 41. M. Romanowski-Zoning Variance 3 Gates Circle R&F
207- 42. J. Rozanski-Concerns Food Store 3083 Main St LEG
208- 43. U. Wingo-Article-Bus Aides for Bflo School Bus ED
209- 44. R. Wyatt-Article-App Helps Teachers Track Student Attendance ED
PETITIONS
210- 45. B. Melber, Agent, Use 1707 Hertel Change of Use-Repair Garage to Sit-In Restaurant
Including Renovation, Addition, Patio and Parking(Del)(Hrg 02/09) LEG
211- 46. A. Holycross, Agent, Rezone 1336 Niagara from M1 to CM for Mixed Use
Residential and Retail Space(Nia)(Hrg 02/23) LEG,CPBD
212- 47. A. Holycross, Agent, Rezone 1340 Niagara from M1 to CM for Mixed Use
Residential and Retail Space(Nia)(Hrg 02/23) LEG,CPBD
213- 48. A. Holycross, Agent, Rezone 1360 Niagara from M1 to CM for Mixed Use
Residential and Retail Space(Nia)(Hrg 02/23) LEG,CPBD
214- 49. P. Strada, Agent, Use 426 Abbott for a Pole Sign in the South Buffalo Special
District(South)(Hrg 02/09) LEG,CPBD
RESOLUTIONS
252- 50. Fontana Bond Resolution Fire Apparatus-Purchase FIN
253- 51. Fontana Bond Resolution Bailey Ave Bridge Reconstr FIN
254- 52. Fontana Bond Resolution Infrastructure Improv(Various) FIN
255- 53. Fontana Bond Resolution Ohio St Lift Bridge Reconstruction FIN
256- 54. Fontana Bond Resolution Seneca St Improvements FIN
257- 55. Fontana Amending Bond Resolution S. Ogden Bridge Reconstr FIN
258- 56. Fontana Bond Resolution S. Park Loop Bridge Reconstr FIN
259- 57. Fontana Bond Resolution Street Lighting Replacement FIN
260- 58. Fontana Bond Resolution Allendale Theater Improv FIN
261- 59. Fontana Bond Resolution Broadway Market Kitchen FIN
262- 60. Fontana Bond Resolution Buffalo History Museum FIN
263- 61. Fontana Bond Resolution City Hall Improvements FIN
264- 62. Fontana Bond Resolution Downtown Ball Park(Coca Cola Field)Improv_FIN
265- 63. Fontana Bond Resolution E. Delavan Library Improv FIN
266- 64. Fontana Bond Resolution Fire Department Buildings FIN
267- 65. Fontana Bond Resolution Lovejoy Pool Improv FIN
268- 66. Fontana Bond Resolution Main Animal Bldg Roof Replacement FIN
269- 67. Fontana Bond Resolution Museum of Science Front Entrance Restoration FIN
270- 68. Fontana Bond Resolution Naval Park Hangar Expansion FIN
271- 69. Fontana Bond Resolution N. Buffalo Ice Rink Ice Making Equipment FIN
272- 70. Fontana Bond Resolution Park Buildings Improv FIN
273- 71. Fontana Bond Resolution Broderick Park Seawall Study FIN
274- 72. Fontana Bond Resolution LaSalle Seawall Construction FIN
275- 73. Fontana Bond Resolution Park Improvements(Various) FIN
276- 74. Fontana Bond Resolution Tree Removals& Plantings FIN
277- 75. Fontana Bond Resolution Dilapidated Structures Demolition FIN
278- 76. Fontana Bond Resolution Augspurger Parking Ramp Improv FIN
279- 77. Fontana Bond Resolution Fernbach Parking Ramp Improv FIN
280- 78. Fontana Bond Resolution Turner Parking Ramp Improv FIN
281- 79. Fontana, etc Request of State to Crack Down on Illegal Sales of Loose
Cigarettes, Drug Paraphernalia and Other Illegal Materials in
Local Food Stores ADOPT
282- 79A Fontana Strategies to Combat Owner Occupied Drug Havens ADOPT
283- 80. Fontana Transfer of Funds-Legislative APP
284- 81. Fontana Transfer of Funds-Police APP
285- 82. Franczyk Historic Marker at 448 Delaware APP
286- 83. Golombek Ord Amend Ch 437-Taxicabs, Liveries and Sightseeing Buses LEG
287- 84. Pridgen Property Owner Requested to Appear-413 Sherman St CD
288- 84A. Rivera Accept Draft Local Waterfront Revitalization Plan for NYS
Dept of State Review ADOPT
289- 85. Rivera Waiver of Fees for New York Army National Guard Driver's
Training APP
290- 85A Wyatt Budget& Personnel Amendment-Common Council#2 APP
291- 85B Wyatt Budget& Personnel Amendment-Fire Alarm APP
292- 85C Wyatt Budget& Personnel Amendment-Citizen Rights&Comm Relat_APP
293- 85D Wyatt Budget& Personnel Amendment-Mayor Executive FIN
294- 86. Wyatt Comm of Deeds-Public Duties ADOPT
295- 87. Wyatt Comm of Deeds ADOPT
TABLE ITEMS
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
215- 1. 16-69 Com Jan 19 Appoint Coord of Anti Graffiti &Clean City
Prog(Prov)(Max)(Olivencia)(Cit Serv) APP
216- 2. 16-82 Corn Jan 19 Appoint Heavy Equipment Operator(Prov)(inter)(Walker)(PW) APP
217- 3. 16-97 Corn Jan 19 Appoint Parking Enforcement Supervisor I
(Perm)(Inter)(Gospodarski)(Pkg) APP
218- 4. 16-98 Corn Jan 19 Appoint Secretary to the Executive
Director(Prov)(Exempt)(Thompson)(Com Svs) APP
219- 5. 16-106 Corn Jan 19 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
FINANCE
220- 6. 16-71 Corn Jan 19 Popular Annual Financial Report(Compt) R&F
221- 7. 16-72 Corn Jan 19 Permission to Amend Rat
222- 8. 16-85 Corn Jan 19 Permission to Accept 2015 Critical Infrastructure Grant Program
Funding(Pol) APP
223- 9. 16-99 Corn Jan 19 Request to Approve Additional Funding Bflo Urban League
Youthbuild Program(Comm Svs) APP
224- 10. 16-100 Corn Jan 19 Request Approval of New Contract with Palladian Health for
EAP Services (HR) APP
225- 11. 16-4 Corn Jan 5 Audit of the Bureau of Fire Prevention(Compt) R&F
226- 12. 15-2520 Corn Dec 22 Request Approval of Certificate of Current Base Proportions 2015 Roll APP
227- 13. 15-2431 Corn Dec 08 J. Giles-Peacemakers Program(CP) R&F
228- 14. 15-696 Corn Apr 14 Letters to Management From Independent Auditors(Compt) R&F
COMMUNITY DEVELOPMENT
229- 15. 16-68Com Jan 19 Submission of Yearly Report 2015 Calendar Year(Cit Serv) R&F
230- 16. 16-111 No Jan 19 M. Romanowski(Informational)SEQR Gates Circle Redev RECOMMIT
231- 17. 16-113 No Jan 19 M. Romanowski(Informational)SEQR Gates Circle Redev&Cantebury
Woods RECOMMIT
232- 18. 15-2554 No Dec 22 USPS-Ellicott Station Post Office Relocation Project(Net Loss) R&F
233- 19. 15-2014 Corn Oct 13 Report of Sale-137 Kingsley&535 E. Utica(EII)(Strat Plan) R&F
234- 20. 15-1265 No June 23 City Center Condominium Assoc-Concerns Neighborhood Bars R&F
235- 21. 15-785 Res Apr 14 Pilot Plan for Upkeep of Public and Private Vacant Lots(Pridgen) R&F
236- 22. 14-2201 No Oct 28 D. Pridgen-J. Pitts-Michigan Broadway Comm Area Left Out of Better
Bflo Fund R&F
237- 23. 14-1882 No Sept 16 Marine Dr Resident Council-Concerns Quality of Life Issues R&F
238- 24. 14-1711 Corn Sept 2 Encroachment Over City ROW-128 Genesee(PW) R&F
239- 25. 14-761 Corn Apr 15 Concerns Maintenance of Towne Garden Apts by Platinum Mngt(CP) R&F
240- 26. 14-539 Corn Mar 18 Report of Sale 485 E. Utica(EII)(Strat Plan) DENY
241- 27. 13-59 No Feb 19 D. Pridgen-How Other Cities Utilize Their Baseball Field When
Not in Session R&F
242- 28. 13-72 Res Feb 5 Support Expanded Use of Coca Cola Field(Pridgen) R&F
LEGISLATION
243- 29. 16-88 Corn Jan 19 Food Store(New) 111 Loepere St(Fill)(EDPI) APP W/COND
244- 30. 16-91 Corn Jan 19 Lodging House License 1629 Elmwood(North)(EDPI) APP
245- 31. 16-115 No Jan 19 P. Strada, Agent, Use 614 E. Eagle to Alter an Existing Ground Sign to
Include Changing LED Message Daily(EII)(Hrg 01/26) APP
246- 32. 16-116 No Jan 19 J. Bouris, Owner, Use 1035 Abbott to Erect a 2 Story Addition to An
Existing Restaurant in the Abbott/McKinley Special Zoning District
(South)(Hrg 01/26) APP W/COND
247- 33. 16-117 No Jan 19 V. Rodriguez, Owner, Use 548 Niagara for a New Owner Operating an
Existing Laundromat Dry Cleaning Business in the Niagara River
Coastal Review District(EII)(Hrg 01/26) APP
248- 34. 16-118 No Jan 19 C. Banach, Agent, Rezone 420 E. Delavan from a Cl, M1 to
a M1 Only(Mas)(Hrg 01/26) APP
249- 35. 16-119 No Jan 19 J. Eastwood, Owner, Use 561 Delaware to Re-Establish an Existing
Restaurant and Patio in the Allen St. Special District(Fill)(Hrg 01/26) APP
250- 36. 16-5 Corn Jan 5 Constituent's Concern with Green Code and McCarley Gardens(CP) R&F
251- 37. 16-51 No Jan 5 Food Store License(New)-860 Walden(Lov)(EDPI)
(#15-2542,12/22) APP W/COND
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL-BUFFALO
TUESDAY FEBRUARY 2,2016
AT 2:00 P.M.
Present-Darius G. Pridgen,Council President,Christopher P.Scanlon, President Pro Tempore,and Councilmembers: Feroleto,
Fontana, Franczyk,Golombek Jr., Rivera,Wingo Sr.,Wyatt-9
Absent-0
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the minutes of the stated meeting held on January 19,2016 were approved
FROM THE MAYOR
FROM THE MAYOR-EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO.164
REPORT OF SALE 22 B STREET-VACANT LOT
208 E FILLMORE
LOT SIZE:30'X 142'
ASSESSED VALUE:$1,800
(FILLMORE DISTRICT)
REPORT OF SALE 24 B STREET-VACANT LOT
238 E FILLMORE
LOT SIZE:30'X 142'
ASSESSED VALUE:$1,800
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Tony R. Mojib, 16 B Street, Buffalo, N.Y., 14211
to purchase 22 and 24 B Street. Mr. Mojib would like to purchase the lots adjacent to his home for additional green space and
gardening.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to One
Dollar($1.00)per square foot.
Mr. Mojib has agreed and is prepared to pay Five Thousand Dollars ($5,000), Fifty Nine Cents ($.59) per square foot for the above
referenced properties. 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 22 and 24 B Street in the amount of Five Thousand Dollars($5,000)
to Mr.Mojib. 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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning,
Division of Real Estate,dated January 28,2016,be received and filed;
That the offer from Tony R. Mojib of 16 B Street, Buffalo, New York 14211,in the amount of Five Thousand Dollars($5,000.00)for the
purchase of 22 B Street and 24 B 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
NO.165
REPORT OF SALE 97 FARMER-VACANT LOT
114.10 W GUERNSEY
LOT SIZE:27.05'X 80.50'
ASSESSED VALUE:$3,000
(NORTH DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr.Thomas W. Lenz of 202 Sterling Avenue
Buffalo, NY 14216 to purchase 97 Farmer Street.Mr. Lenz would like to purchase the lot for additional yard space for his adjacent
property located at 99 Farmer Street.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchasers.A market analysis performed
by the Division of Real Estate showing similar sales in the area range from Sixty Cents($.60)to One Dollar and Fifty-Five Cents
($1.55)per square foot.
Mr. Lenz has agreed and is prepared to pay One Dollar and Thirty-Eight Cents($1.38)per square foot for the parcel for a total of Three
Thousand Dollars($3,000)for the above referenced property.Mr. Lenz 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 97 Farmer Street for the amount of Three Thousand Dollars
($3,000)to Mr.Thomas W. Lenz. 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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated January 28,
2016,be received and filed;
That the offer from Mr.Thomas W. Lenz of 202 Sterling Avenue, Buffalo, New York 14216, in the amount of Three Thousand Dollars
($3,000.00)for the purchase of 97 Farmer 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.166
REPORT OF SALE 1168 KENSINGTON-VACANT LOT 336.02 E TARKIO
LOT SIZE:30'X 110'
ASSESSED VALUE:$4,300
(UNIVERSITY DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Erik Esau, 1166 Kensington Avenue, Buffalo,
New York 14215 to purchase 1168 Kensington Avenue.Mr. Esau would like to purchase the lot for additional yard space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to One Dollar and Eighty-Five Cents($1.85)
per square foot.
Mr. Esau has agreed and is prepared to pay One Dollar and Fifteen Cents($1.15)per square foot for the parcel for a total of Three
Thousand Eight Hundred Dollars($3,800)for the above referenced properties. 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 1168 Kensington Avenue for the amount of Three Thousand Eight
Hundred Dollars($3,800)to Erik Esau. I am further recommending that the Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.167
REPORT OF SALE 211 LOMBARD-VACANT LOT 705 N PADEREWSKI
LOT SIZE:30'X 109'
ASSESSED VALUE:$1,600
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Polonia Holdings, LLC, 133 Isabelle Road,
Cheektowaga, N.Y., 14225 to purchase 211 Lombard Polonia Holdings, LLC would like to purchase the lot adjacent to their business
for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Eight Cents($.68)to
One Dollar Fifty Cents($1.50)per square foot.
Polonis Holdings, LLC has agreed and is prepared to pay Two Thousand Five Hundred Dollars($2,500)for the above referenced
property.They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale Of 211 Lombard for the amount of Two Thousand Five Dollars
($2,500)to Polonia Holdings, LLC.
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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate dated January 28,
2016,be received and filed;
That the offer from Polonia Holdings, LLC, 133 Isabelle Road, Cheektowaga, New York 14225, in the amount of Two Thousand Five
Hundred Dollars($2,500.00)for the purchase of 221 Lombard 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.168
REPORT OF SALE 153 MADISON-VACANT LOT
119.41 S WILLIAM
LOT SIZE:30'X 109'
ASSESSED VALUE:$1,700
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from First Calvary Missionary Baptist Church to
purchase 153 Madison. First Calvary Missionary Baptist Church would like to purchase the lot for a garden.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Forty-Five Cents($.45)to Ninety-Five Cents($.95)per square
foot.
First Calvary Missionary Baptist Church has agreed and is prepared to pay Sixty-Seven Cents($.67)per square foot for the parcel for
a total of Two Thousand Two Hundred Dollars($2,200)for the above referenced properties.They have also agreed to pay for the cost
of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 153 Madison for the amount of Two Thousand Two Hundred
Dollars($2,200)to First Calvary Missionary Baptist Church. 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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated January 28,
2016,be received and filed;
That the offer from First Calvary Missionary Baptist Church, 467 William Street, Buffalo, New York 14206, in the amount of Two
Thousand Two Hundred Dollars($2,200.00)for the purchase of 153 Madison 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.169
REPORT OF SALE 42 STRAUSS STREET-VACANT LOT
409.50 N BROADWAY
LOT SIZE:30'X 139'
ASSESSED VALUE:$1,800
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr.Carlos Corchado and Mrs. Diane Corchado,
11523 Norvell Road Spring Hill, Florida 34608 to purchase 42 Strauss Street.Mr.and Mrs.Corchado would like to purchase the lot for
additional yard space for their property located at 46 Strauss Street.Mr.and Mrs.Corchado's son,Marcos Corchado,resides at 46
Strauss and will be responsible for upkeep.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Thirty-Five Cents($.35)to Seventy-Five($.75)per square foot.
Mr. and Mrs. Corchado has agreed and is prepared to pay Thirty-Eight Cents($.38)per square foot for the parcel for a total of One
Thousand Six Hundred Dollars($1,600)for the above referenced properties. 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 42 Strauss Street for the amount of One Thousand Six Hundred
Dollars($1,600)to Mr.Carlos Corchado and Mrs. Diane Corchado. 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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning,
Division of Real Estate,dated January 28,2016,be received and filed;
That the offer from Mr. Carlos Corchado and Mrs. Diane Corchado, 11523 Norvell Road, Spring Hill, Florida 34608, in the amount of
One Thousand Six Hundred Dollars($1,600.00)for the purchase of 42 Strauss 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
NO.170
REPORT OF SALE 239 TITUS STREET-VACANT LOT 123.75 S SYCAMORE LOT SIZE:30'X 97'
ASSESSED VALUE:$1,400
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received"a request from Tamanna Ansare,3406 12 Avenue, Brooklyn,
New York 11218 to purchase 239 Titus Street.Mrs.Ansare would like to purchase the lot for additional yard space.Mrs.Ansare
nephew,Tauseef Uddin,will be maintaining the property when she is away.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by
the Division of Real Estate showing similar sales in the area range from Forty Cents($.40)to Ninety-Five Cents($.95)per square foot.
Mrs.Ansare has agreed and is prepared to pay Seventy-Five Cents($.75)per square foot for the parcel for a total of Two Thousand
Two Hundred Dollars($2,200)for the above referenced properties.She has also agreed to pay for the cost of the transfer tax and
recording fees.
I am recommending that Your Honorable Body approve the sale of 239 Titus Street for the amount of Two Thousand Two Hundred
Dollars($2,200)to Tamanna Ansare. I am further recommending that the Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.171
REAL ESTATE
REPORT OF SALE 104 WOLTZ-VACANT LOT
128.08 S STANISLAUS
LOT SIZE:30'X 112'
ASSESSED VALUE:$1,600
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr.Sanu Begum of 100 Loepere Street Buffalo,
NY 14212 to purchase 104 Woltz.Mr. Begum would like to purchase the lot for additional yard space for his adjacent property located
at 110 Wotlz.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchasers.A market analysis performed
by the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to One Dollar($1.00)per square foot.
Mr. Begum has agreed and is prepared to pay Sixty Cents($.60)per square foot for the parcel for a total of Two Thousand Dollars
($2,000)for the above referenced property.Mr. Begum 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 104 Woltz for the amount of Two Thousand Dollars($2,000)to Mr.
Sanu Begum. 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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated January 28,
2016,be received and filed;
That the offer from Mr. Sanu Begum of 100 Loepere Street, Buffalo, New York 14212, in the amount of Two Thousand Dollars
($2,000.00)for the purchase of 104 Woltz be and hereby is accepted;and
That the transfer tax,recording fees and cost of legal description shall be paid by the purchaser;and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same,in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES 9, NOES 0
FROM THE COMPTROLLER
NO.172
CERTIFICATE OF NECESSITY-LEGISLATIVE
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$15,900 be transferred and reappropriated as set forth below:
From:
10104001 411001 Councilmember Wingo-Salary$15,000.00
To:
10102001 412002 Legislative-Hourly $15,000.00
RECEIVED AND FILED
NO.173
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS-POLICE
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$2,900,200 be transferred and reappropriated as set forth below:
From:
17306002 429005 Salary Adjustment $2,900,200
To:
12005001 413001 Police-Overtime $2,554,000
12005006 434000 Police-Other Contractual Services $ 346,200
RECEIVED AND FILED
NO.174
REPORT ON EMERGENCY
REHABILITATION LOAN PROGRAM
Attached please find an informational report on Emergency Rehabilitation of Housing Loan Program conducted by file City of Buffalo
through funding from the U.S. Department of Housing and Urban Development(HUD)Community Development Block Grant Program
(CDBG).This program is operated by the Buffalo Urban Renewal Agency(BURA),and benefits income-eligible residents who need
new roofs,furnaces,hot water tanks,or other emergency home repairs.
The two most alarming findings include:
The average emergency rehab loan takes more than a year to complete.This is far too long for a program designed to address
emergency home repairs.
More than half of the program funding goes toward administrative expenses.Only 46 cents of every dollar spent goes towards actual
loans to residents.The remaining goes toward administrative expenses,predominately payroll for BURA.
The City should investigate ways to reduce administrative costs as well as shortening the amount of time it takes to complete the
repairs.
Other municipalities, including the similarly sized City of Rochester, provide these repairs through a grant process, as opposed to a
loan program. This option, along with any other efforts that could accelerate the process and reduce administrative costs, should be
given serious consideration.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS
NO.175
NOTIFICATION SERIAL#10914
INSTALL NO STANDING
ON ELLICOTT STREET,EAST SIDE
BETWEEN 106 FEET SOUTH OF THE SOUTH CURB OF EAST NORTH STREET
AND A POINT 80 FEET SOUTH THEREFROM
(ELLICOTT DISTRICT)
NO STANDING-INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo,the City Engineer hereby notifies Your Honorable
Body of this action supplementing,amending,or repealing existing provisions of Chapter 479 of the Ordinances,as stated below,to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Ellicott Street,east side At all times
between 106 feet south of the south curb of East North Street
and a point 80 feet south therefrom
NOTIFICATION SERIAL#10915
INSTALL NO STANDING
ON HIGH STREET,NORTH SIDE
BETWEEN 177 FEET WEST OF THE WEST CURB OF MICHIGAN AVENUE
AND A POINT 175 FEET WEST THEREFROM
(ELLICOTT DISTRICT)
NO STANDING-INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo,the City Engineer hereby notifies Your Honorable
Body of this action supplementing,amending,or repealing existing provisions of Chapter 479 of the Ordinances,as stated below,to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
High Street,north side At all times
between 177 feet west of the west curb of Michigan Avenue
and a point 175 feet west therefrom
NOTIFICATION SERIAL#10916
INSTALL NO STANDING
ON WASHINGTON STREET WEST SIDE
BETWEEN 230 FEET SOUTH OF THE SOUTH CURB OF CARLTON STREET
AND A POINT 148 FEET SOUTH THEREFROM
(ELLICOTT DIDTRICT)
NO STANDING-INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo,the City Engineer hereby notifies Your Honorable
Body of this action supplementing,amending,or repealing existing provisions of Chapter 479 of the Ordinances,as stated below;to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Washington Street,west side at all times
between 230 feet south of the south curb of Carlton Street and a point
148 feet south therefrom
RECEIVED AND FILED(Waive 45 Days)
NO.176
CHANGE IN CONTRACT
HISTORICAL SOCIETY
ELECTRICAL RENOVATIONS
JOB#1283
DELAWARE DISTRICT
I hereby submit to Your Honorable Body the following changes for Historical Society, Electrical Renovations, Frey Electrical
Construction Co.,C#93001325.
The contract documents specify using the existing Wi-Fi network for the new wireless security cameras. However,an additional Wi-Fi
Access Point(AP)is required for a fully functional security camera system that provides coverage for the entire museum.The scope of
work for change order#4 includes:Mapping the existing Wi-Fi coverage to identify the location of the additional AP,installing a new
AP,and programming the AP.
Add $2,875.98
The foregoing changes result in a net increase in the contract of Two Thousand Eight Hundred Seventy Five and 98/100 Dollars
($2,875.98).
Summary:Previous Amount Approved $920,868.90
Amount of This Change Order $ 2,875.98
Total Approved Amount to Date $923,744.88
Costs have been reviewed by the consulting architect (GHD Architects) and the Department of Public Works, Parks & Streets and
were found to be fair and equitable. Funds for this work will be available in account No.37329406-445100 Buildings.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 26,2016,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 $2,875.98 (Original Contract Amount $920,868.90 + Change Order #1 $2,875.98 for a Total
Contract Amount of$923,744.88) for the Historical Society, Electrical Renovations, with Frey Electrical Construction Co., Contract
#93001325. Funds are available in Account#37329406-445100 Buildings.
PASSED
AYES, NOES 0
NO.177
EMERGENCY REPAIR
GLORIA J.PARKS
FIRE ALARM REPLACEMENT
UNIVERSITY DISTRICT
The Department of Public Works is requesting approval to enter into an agreement for approximately $21,000 for the emergency
replacement of the fire alarm system at Gloria J. Parks Community Center. .The existing fire alarm system has failed inspection and
needs to be replaced immediately to prevent a shutdown of the facility.Account to be named at a future date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 29,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an
agreement for approximately $21,000 for the emergency replacement of the fire alarm system at the Gloria J. Parks Community
Center.The existing fire alarm system has failed inspection and needs to be replaced immediately to prevent a shutdown of the facility.
Funds are available in an account to be named at a later date.
PASSED
AYES 9, NOES 0
NO.178
PERMISSION TO ACCEPT FUNDS,AND ENTER INTO AGREEMENTS WITH EMPIRE STATE
DEVELOPMENT(ESD)FOR THE GENESEE STREET STREETSCAPE PROJECT AND PEARL
STREET-TWO-WAY CONVERSION PROJECT ELLICOTT AND FILLMORE DISTRICTS
Empire State Development has awarded the City of Buffalo a grant,entitled Buffalo Streetscapes II Capital Project#Z195.This grant
totals$2M,with$1 M allocated to the Genesee Street Project and$1 M allocated to the Pearl Street Project.
In order to fully execute this grant agreement,permission is hereby requested from Your Honorable Body to authorize the Department
of Public Works, Parks and Streets to accept grant funds and enter into all necessary agreement with Empire State Development
(ESD)for the construction,construction inspection and administration of these projects.All agreements will be subject to approval as-
to-form by Corporation Counsel.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 29,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept grant
funds and to enter into all necessary agreements with Empire State Development for the construction,construction inspection and
administration of the Genesee Street Streetscape Project and the Pearl Street Two-Way Conversion Project.All agreements will be
subject to approval as to form by the Corporation Counsel.
PASSED
AYES 9, NOES 0
NO.179
PERMISSION TO ENTER FEASIBILITY COST-SHARE AGREEMENT WITH
UNITED STATES ARMY CORPS OF ENGINEERS FOR BRODERICK PARK
AND UNITY ISLAND SEA WALL
Permission is hereby requested for the City of Buffalo to enter into Feasibility Cost-Share Agreement(FCSA)with the United States
Array Corps of Engineers for Broderick Park Section 103 Feasibility Study of Broderick Park and Unity Island sea wall.
Total cost of project as per FCSA is$505,000.The Federal share is 50%,or$252,500,and the city's Non-Federal Share is 50%,or
$252,500. Non-Federal funds for this work will be available as authorized in 2016 bond sale.
Authorization is hereby requested from Your Honorable Body for the city to enter into the attached FCSA subject only to such
clarifications and modifications as may be recommended Corporation Counsel in finalizing the Agreement.
Thank you for your consideration.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 27,2016,be received and filed;and
That the Common Council hereby authorizes tile City of Buffalo to enter into a Feasibility Cost-Share Agreement with the United States
Army Corps of Engineers for Broderick Park,Section 103 Feasibility Study of Broderick Park,and tile Unity Island Sea Wall. Non--
Federal funds for this work will be available as authorized in the 2016 bond sale.This agreement is subject only to such clarifications
and modifications as may be recommended by the Corporation Counsel in finalizing the agreement.
PASSED
AYES 9, NOES 0
NO.180
PERMISSION TO HIRE CONSULTANT NORTH BUFFALO
ICE RINK IMPROVEMENTS DELAWARE DISTRICT
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire
Stieglitz Snyder Architecture as a consultant to provide architectural and engineering services for the North Buffalo Ice Rink.
The cost for consulting services is estimated not to exceed$121,000.The funds are available in account#30091806-445500.The
Consultant has been chosen through a Request for Proposal process(RFP).
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 27,2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Stieglitz Snyder Architecture
as a consultant to provide architectural and engineering services for the North Buffalo Ice Rink.The cost for consulting services is
estimated not to exceed$121,000.The consultant was chosen through a Request for Proposals(RFP)process. Funds are available in
Account#30091806-445500.
PASSED
AYES 9, NOES 0
NO.181
PERMISSION TO INCREASE CONTRACT FOR ENGINEERING SERVICES
NIAGARA STREET GATEWAY PROJECT CONTRACT#93001389
ELLICOTT AND FILLMORE DISTRICTS
PRIOR COUNCIL REFERENCE:CC#767 of April 15,2014
Original Contract Amount -$ 584,983.51
Additional Services -$ 506,095.90
New Contract Total -$1,091,079.41
I hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates,is the engineering consultant for
the Niagara Street Gateway Project for the City of Buffalo.This project included construction management and construction inspection
for the construction of Niagara Street Gateway Project.
During construction of this project major utility issues increased the amount of work needed to complete the project. Issues causing the
additional work and delays were as follows,the discovery of badly deteriorated sewer main,restoration of waterlines,and the need for
National Grid to upgrade their circuitry.This increase is necessary to provide detailed design for additional items,which have been
added to the scope of this project,the additional construction management and inspection.
I respectfully certify that this increase is fair and equitable for the work involved.The costs will be shared by both the Buffalo Sewer
Authority and the Water Authority. I hereby request that Your Honorable Body approve the subject change order and authorize the
Commissioner of Public Works, Parks and Streets to issue said increase for$506,095.90
The funds are available in Capital Projects account,the project grant account and/or an account to be named at a later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 21,2016,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$506,095.90(Original Contract Amount$584,983.51 +Change Order#1 $506,095.90 for a Total
Contract Amount of$1,091,079.41)for the Niagara Street Gateway Project,with Bergmann Associates,Contract#93001389.The
costs will be shared by both the Buffalo Sewer Authority and the Water Authority. Funds are available in Capital Project Account,the
Project Grant Account and/or an account to be named at a later date.
PASSED
AYES 9, NOES 0
NO.182
REDUCTION IN RETENTION BRODERICK PARK PHASE 2
NOVA SITE COMPANY,LLC CONTRACT#93001282
PRIOR COUNCIL REFERENCE: Item#62,01-21-2014
I hereby submit to Your Honorable Body a request to reduce the retention for the above mentioned contract from 5%to 2%and
respectfully request that Your Honorable Body approve this request.
The retention reduction is in consideration for the fact the contractor has substantial completed the Broderick Park Phase 2 Project in
accordance with the specifications,and the consultant in charge has recommended acceptance of this work.The remaining retention
will be released after acceptance of landscaping is recommended by the consultant in the Spring of 2016,and fully accepted by this
Department.
The reduction represents work already completed,and accepted by this Department.There are no outstanding claims or liens.
Mr. Rivera moved:
That the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated January 26,2016,
be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the
retention from 5%to 2%in Contract#93001282, Nova Site Company, LLC for the Broderick Park Phase 2 Project.
PASSED
AYES 9, NOES 0
NO.183
REPORT OF BIDS CITY WIDE PARKS IMPROVEMENTS PLAY COURT
REHABILITATION PROJECT PHASE 4,DPW GROUP 842
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material
which will be performed.The final cost of the work will be based on the actual measured quantities of materials entering into the work
and may be either more or less than the total bid.
The following bids were received: Base Bid Alt A Alt B Alt C
Titan Development, Inc. $833,365.00 $6,000.00 $9,330.00 $12,600.00
8534 Seaman Road
Gasport, NY
Louis Del Prince&Sons, Inc. $898,119.00 $3,200.00 $19,167.00 $6,243.00
580 Cayuga Road
Cheektowaga, NY, 14225
Mark Cerrone, Inc $1,076,520.00 $20,750.00 $13,287.00 $7,955.00
2368 Maryland Ave
Niagara Fails, NY
Air A Burke Green Foundation
Alt B-Oken Park
Alt C-Mulroy Park
I hereby certify that the low bidder for the above project is Titan Development, Inc.
The attached is certified to be a true and correct statement of the bid received.
I respectfully recommend a contract award in the amount$947,424.50($833,365.00-Base Bid+$6,000.00-Alt A+$9,330.00-Alt
B+$12,600.00-Alt C+$86,129.50-10%unit price increase-$947,424.50 Total Contract Amount). Funds for this contract are
available in#38404706-445100,2016 Bond Account,and/or an account(s)to be named at a later date.
The engineer's estimate for this work is$1,000,000.00
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 26,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an
agreement for the City Wide Park Improvements-Play Court Rehabilitation Project Phase 4,with Titan Development, Inc.,with a total
contract amount of$947,424.50(Base Bid of$833,365.00+Alt A of$6,000.00+Alt B of$9,330.00+Alt C of$12,600.00+10%unit
price increase of$86,129.50 for a Total Contract Amount of$947,424.50). Funding for this contract are available in Account
#38404706-445100, Bond Account and/or an account(s)to be named at a later date.
PASSED
AYES 9, NOES 0
NO.184
REPORT OF BIDS KENMORE AVE.(COLVIN AVE.TO MILITARY RD.)
CURB&SIDEWALK REPLACEMENT GROUP 869
In obtaining these bids for the above mentioned project, I have asked for unit price coveting the various items of work and material
which will be performed.The final cost of the work will be based on the actual measured quantities of materials entering into the work
and may be either more or less than the total bid.
The following bids were received: Base Bid Base Bid+10%Unit Price Increase
Roman Construction $97,600.00 $107,360.00
7279 Lakeview Ct. Pendleton, NY 14210
Millenium Construction $102,310.00 $112,541.00
34 Peuquet Pkwy Tonawanda, NY 14150
P&J Construction $105,655.00 $116,220.50
709 Pleasant View Dr. Lancaster, NY 14086
Campobello Construction $147,445.00 $162,189.50
23 Stratford Rd. Buffalo, NY14216
CVF, Inc. $149,790.00 $164,769.00
100 Burkhardt Ave. Depew, NY14043
I hereby certify that the low bidder for the above project is Roman Construction.
I respectfully recommend a contract award in the amount of$107,360.00($97,600.00-Base Bid+$9,760.00-10%unit price increase=
$107,360.00-Total Contract Amount). Funds for this contract are available in#37190806-445100,and/or an account(s)to be named
at a later date.
The engineer's estimate for this work is$130,000.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of
the bidders may withdraw his bid if an award of the contract is not made by March 12,2016. Individual bid submissions are available in
our office for inspection and copies are available upon request.
Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training
Program signed by the low bidder.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 28,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an
agreement for Kenmore Avenue(Colvin Avenue to Military Road)Curb and Sidewalk Replacement,with Roman Construction,with a
total contract amount of$107,306.00(Base Bid of$97,600.00+10%unit price increase of$9,760.00 for a Total Contract Amount of
$107,306.00). Funds for this contract are available in Account/437190806-445100,and/or an account(s)to be named at a later date.
PASSED
AYES 9, NOES 0
NO.185
REPORT OF BIDS LASALLE PARK IMPROVEMENTS,DAR DRIVE
DPW GROUP 837
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material
which will be performed.The final cost of the work will be based on the actual measured quantities of materials entering into the work
and may be either more or less than the total bid.
The following bids were received: Base Bid Alt B Alt C
Occhino Paving $954,219.55 $29,934.00 $50,148.00
2650 Seneca Street
West Seneca, NY14224
Pinto Construction Services, Inc $1,083,425.21 $29,250.00 $48,000.00
1 Babcock Street
Buffalo, NY 14210
Mark Cerrrone, Inc $1,098,328.46 $24,750.00 $38,400.00
2368 Maryland Ave
Niagara Falls, NY 14305
Louis Del Prince&Sons, Inc. $1,099,509.32 $18,000.00 $52,800.00
580 Cayuga Road
Cheektowaga, NY, 14225
Visone Construction, Inc $1,108,482.87 $29,250.00 $44,400.00
79 Sheldon Ave
Depew, NY 14043
Ledge Creek Development, Inc $1,136,523.92 $33,750.00 $45,912.00
10100 County Road
Clarence Center, NY 14032
NOVA Site Company $1,149,000.00 $29,700.00 $48,000.00
6 Lena Court
West Seneca, NY 14224
Scott Lawn Yard, Inc $1,219,428.10 $22,600.00 $64,400.00
5552 Townline Road
Sanborn, NY 14043
Alt A -Concrete curb in line of granite curb, Not Selected
Alt B -Additional landscape boulders at parking areas
Alt C -Additional stone at existing stone parking areas
Air D -Installation of existing granite curb, Not Selected
I hereby certify that the low bidder for the above project is Occhino Paving.
I respectfully recommend a contract award in the amount$1,137,731.70($954,219.55—Base Bid+$29,934.00-Alt A+$50,148.00—
Alt C+$103,430.15—10%unit price increase=$1,137,731.70—Total Contract Amount). Funds for this contract are available in
31091606-445100,Grant Account(s),and/or an account(s)to be names at a later date.
The engineer's estimate for this work is$1,100,000.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of
the bidders may withdraw his bid if an award of the contract is not made by August 15,2015. Individual bid submissions are available
in our office for inspection and copies are available upon request.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,
dated January 26,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an
agreement for LaSalle Park Improvements, DAR Drive,with Occhino Paving,with a total contract amount of$1,137,731.70(Base Bid
of$954,219.55+Alt A of$29,934.00+Alt C of$50,148.00+10%unit price increase of$103,430.15 for a Total Contract Amount of
$1,137,731.70). Funds for this contract axe available in Account#31.091606-445100,Grant Account(s),and/or an account(s)to be
named at a later date.
PASSED
AYES 9, NOES 0
NO.186
APPOINT RECYCLING COORDINATOR(PERM)(INTER)(ATTRIDGE)
Certificate of Appointment
Appointment effective 1/14/2016 in the Department of Public Works, Parks and Streets Division of Streets to the position of Recycling
Coordinator Permanent Competitive Intermediate Step 13 starting salary of$60,763
Susan Attridge,51 Coving Rd., Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.187
APPOINT SUPERVISOR OF WATERWAY&BRIDGE MAINTENANCE(PERM)(MAX)(MALONEY
Certificate of Appointment
Appointment effective 1/25/2016 in the Department of Public Works, Parks and Streets Division of Engineering to the position of
Supervisor of Waterway&Bridge Maintenance Permanent Open-Competitive Maximum starting salary of$47,606(step 5)
Daniel Maloney 368 Whitfield, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.188
CORRECTED APPOINT TRUCK DRIVER(TEMP)(INTER)(WALKER)
Certificate of Appointment
Appointment effective 12/14/2015 in the Department of Public Works, Parks and Streets Division of Streets to the position of Truck
Driver Temporary Open-Competitive Intermediate starting salary of$24,341 Step 13
Freddie Walker,62 Carl St, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT
AND PERMIT&INSPECTION SERVICES
NO.189
PROPERTY MANAGEMENT LICENSE KEY PROPERTY CONSULTING INC
Pursuant to Chapter 265 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a
Property Management License for WILLIAM FEELEY/KEY PROPERTY CONSULTING INC and find that as to form is correct. I will
cause an investigation into the applicant for which said application for a Property Management License is being sought and no License
will be issued until all required approvals from the Police Department and Law Department 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 WILLIAM
FEELEY/KEY PROPERTY CONSULTING INC,the attached thereto for.This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.190
PROPERTY MANAGEMENT LICENSE TOWNE HOUSING LLC
Pursuant to Chapter 265 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a
Property Management License for JEREMY BALLSMITH/TOWNE HOUSING LLC and find that as to form is correct. I will cause an
investigation into the applicant for which said application for a Property Management License is being sought and no License will be
issued until all required approvals from the Police Department and Law Department 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 JEREMY
BALLSMITH/TOWNE HOUSING LLC,the attached thereto for.This request is submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PARKING
NO.191
NEW VEHICLE PURCHASE
Permission is requested for Your Honorable Body to allow the purchase of a new vehicle for Parking Department use.Our fleet is very
old,many of our vehicles have over 100,000 miles on them.The vehicle we would like to purchase is from Chautaqua Co. Bid Group
IV,item 5,vehicle#1
2016 CHEVROLET AWD EQUINOX L/S 2016 MY INCREASE WITH STAR MINI LIGHT BAR 9016.Cost of the vehicle is
$22,558.30.We do have funds available in our budget line 114112007-474200.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY CLERK
NO.192
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 Owners Name
2081 Niagara St Poize Inc Poize Inc.
1111 Fuhrmann Blvd Charlies Boat Yard Cape Harbor Management LLC
RECEIVED AND FILED
NO.193
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 Assessment and Taxation-Kathleen Bette!
X Police-Darlene Muhammad Hiba Khalil
RECEIVED AND FILED.
NO.194
NOTICES OF APPOINTMENTS-SEASONAL/FLAT
I transmit herewith certificates received by me,reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment effective 01/19/2016 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of
Laborer II at the Salary of$13.06/hr
Cornelius Stewart,24 Richlawn Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 01/19/2016 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer
II at the Salary of$13.06/hr
Dominique Pearsall, 126 Marigold Street, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 01/25/2016 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer
II at the Salary of$13.06/hr
Laquin Gibson,45 Edison Avenue, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 01/18/2016 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of
Supervising Lifeguard at the Salary of$13.06/hr
Giovanni Jones,399 Parkdale Avenue, Buffalo, NY 14213
CERTIFICATE OF APPOINTMENT
Appointment effective 01/25/2016 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water
Service Worker at the Salary of$13.06/hr
Jerome Costner, 129 Theodore Street, Buffalo, NY 14211
NO.195
APPOINTMENTS-TEMPORARY,PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum(Temporary, Provisional or Permanent)(as per
contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment effective 01/25/2016 in the Department of Public Works, Parks and Streets, Division of Water to the Position of
Maintenance Assistant(Water)at them Minimum Salary of$33,389
Christopher Rodriguez,96 Garvey Avenue, Buffalo, NY 14220
NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO.196
BCS/KSB/BNCB-LANGUAGE ACCESS PLAN
Dear Commissioner Derenda and Members of the Police Oversight Committee:
We are writing to you regarding the proposed written language access plan for the Buffalo City Police Department that we previously
submitted to you in October.We have not yet received a response.
In March,2015,we requested the following on behalf of concerned community members:The implementation and enforcement of a
language access plan that provides language access for law enforcement to use in all languages,and recording and tracking the use
of language access efforts. In October,2015,we submitted a written language access plan which adequately defines necessary
terminology,explains proper procedures,ensures adequate training,and provides for sharing recording and tracking of language
access efforts with the public.We are enclosing copies of the prior letters and the proposed written language access plan for your
convenience.
We have shared the previous letters and proposed written language access plans with community members to inform them of our joint
efforts,and have additional community members and leaders joining in our request at this time.We have enclosed a contact list of
additional signatories for your convenience.
We will continue to share our efforts to obtain a written language access plan with the City of Buffalo police department.We look
forward to hearing from you at the addresses listed below at your earliest convenience.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT
NO.197
D.CRIST-ALDEN TOWN CLERK-RES SUPPORTING THE TERMINATION OF 1977 SALES TAX REVENUE DISTRIBUTION
AGMT
I, Debra A.Crist Town Clerk of the Town of Alden, Erie County, New York,do hereby certify that at an adjourned,regular meeting of
the Town Board of the aforesaid Town,on the 19`h day of at the Alden Town Office Building,3311 Wende Road,Alden, New York,the
following Resolution was unanimously adopted,every member present voting therefore,to wit:
"SEE ATTACHED"
I,do further certify that I have compared the foregoing with the original minutes of the adjourned,regular meeting of the Town Board of
the said Town held on the 19th day of Jan.2016 and that the foregoing is a true and correct transcript from said original minutes and
the whole thereof and that the resolutions duly adopted by the said Town Board are on file in the Town Clerk's Office.
I do further certify that the following members of the Town Board were present at such meeting,namely,
Richard Savage Supervisor
Colleen Puatler Councilmen
Ralph Witt Councilmen
Being all the persons constituting said Town Board of the Town of Alden, Erie County, New York.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the said Town of Alden, Erie County, New York this 20th day of
Jan.2016
RECEIVED AND FILED
NO.198
V.DANKOWSKI-CHEEKTOWAGA TOWN CLERK-PUBLIC HEARING TO AMEND ZONING LAW
Board Meeting of January 19,2016
Call for a Public Hearing to Amend the Zoning Law
WHEREAS,by resolution dated January 21, 1992, Local Law No. 1 of the Year 1992 of the Town of Cheektowaga,entitled"A Local
Law Relating to Zoning"was adopted,and
WHEREAS, the Town Planner and Town Attorney have recommended that Article II of the Zoning Law ("Residence Districts") be
amended to eliminate, as a principal permitted use by special permit authorized by the Zoning Board of Appeals in the R-Residence
District the following uses:
Windmills and other energy-generating devices
,and
WHEREAS,a draft of such amendment has been prepared by the Town Attorneys
Office, NOW,THEREFORE, BE IT
RESOLVED, that a public hearing be held on the 1st day of February, 2016 at 6:45 P.M. at the Town Hall, 3301 Broadway,
Cheektowaga, New York to consider the advisability of adopting"A Local Law to Amend the Zoning Law",and BE IT FURTHER
RESOLVED,that the Town Clerk be and hereby is directed to publish the attached Notice of Hearing in the Cheektowa.qa Bee and
BE IT FURTHER
RESOLVED, that the Town Clerk be and hereby is directed to forward copies of this resolution and the attached Notice of Hearing to
the Erie County Department of Environment and Planning, the City of Buffalo, and the Towns of West Seneca, Amherst and
Lancaster,and the Villages of Sloan and Depew.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that, pursuant to the Municipal Home Rule Law of the State of New York, a Public Hearing will be held
before the Town Board of the Town of Cheektowaga on the 1st day of February,2016 at 6:45 P.M.at the Town Hall, 3301 Broadway,
Cheektowaga, New York to consider and discuss and,if need be,act upon the proposed enactment of Local
Town of Cheektowaga Board Meeting of January 19,2016
Law Intro No.2016-1 of the Year 2016,entitled"A Local Law to Amend the Zoning Law". Following is a synopsis of the proposed Local
Law Intro No.2016-1:
Local Law Intro No.2016-1
A Local Law to Amend the Zoning Law
The Zoning Law of the Town of Cheektowaga(Chapter 260 of the Town Code)shall be amended by:
1. Deleting Section 260-23.(A)(1)(e)[2]
2. Re-numbering Section 260-23.A-(1)(e)[3]to become Section 260-23(A)(1)(e)[2]
BY ORDER OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA, ERIE COUNTY, NEW YORK.
VICKIE L. DANKOWSKI,Town Clerk
RESULT: ADOPTED[UNANIMOUS]
MOVER: James P. Rogowski,Councilmember
SECONDER: Diane Benczkowski,Supervisor
AYES: Benczkowski, Rogowski, Kaminski,Meyers,Adamczyk, Hammer
RECEIVED AND FILED
NO.199
J.GOLOMBEK-CONCERNS TAXIO CAB DRIVERS(BUFFALO NEWS ARTICLE)
Item available for review in the City Clerk's Office.
REFERRED TO TAXI CAB AND LIVERIES
NO.200
L.HASTREITER-CONCERNS ABLEY
On Tuesday, December 15th a group of us attended the Community Development Committee meeting in the Common Council
Chambers.
At that time we had an extensive list of questions that we requested answers too regarding the Advisory Board of Lovejoy Elderly and
Youth(ABLEY),these questions were not answered at the time of the meeting.
How and when will we get these answers?Do we have to attend another meeting?Will we receive something in writing from either you
as the chairman or our Councilmember Rich Fontana?
We do understand that Councilmember Fontana is attempting to put in some programs at the Hennepin Center.Whether it is in the
Community Center or the"ABLEY"building we do not know. In the meantime,the Executive Director of ABLEY is still there still be paid
and there is nothing happening in that"new"building
Please.We would appreciate some answers to our questions as soon as possible.
RECEIVED AND FILED
NO.201
L.HASTREITER-CONCERNS BLOCK GRANT MONEY
December 2,2015
Mr.Gerald Chwalinski
City Clerk
Room 1308 City Hall
Buffalo, New York 14202
Reference: Item for Council Agenda
Dear Mr.Chwalinski:
We are requesting that this attached email letter,sent to Mayor Byron Brown,be put on the Common Council agenda for the meeting
on Tuesday, December 81h,2015.
If this agenda item is passed to a committee for further discussion we would like to be notified.
Please contact Ms. Linda J. Hastreiter at 868-4522 or Ms.Amy Raslawsky at 472-4019 if there are any further questions.
Your cooperation is greatly appreciated.
Sincerely,
Amy Raslawsky&
Follow Lovejoy Iron Island Residents
Attachment
REFERRED TO THE EXECUTIVE DIRECTOR OF THE OFFICE OF STRATEGIC PLANNING
NO.202
L.HASTREITER-CONCERNS FOIL REQUEST
To:City Clerk
From: Linda J. Hastreiter
Reference: Freedom of Information Request to Councilmember Fontana
Please have the below and attached added to the next Common Council meeting agenda.
I am attaching written and email correspondence regarding my Freedom of Information Request to Councilmember Richard Fontana
starting on September 9,2015.
There are a series of letters requesting this information from different departments within City Hall.To this date I have not received this
information.
I am requesting this goes to the proper committee. There is no reason this information should be this hard to obtain, nor should the
Councilmember continue to pass the buck when there is no doubt he has this at his fingertips.
REFERRED TO THE CORPORATION COUNSEL
NO.203
NYSDEC-CERTIFIES CLEANUP-89 LASALLE
NYSDEC Certifies Cleanup Requirements Achieved at Brownfield Site
The New York State Department of Environmental Conservation(NYSDEC)has determined that the cleanup requirements to address
contamination related to the 89 LaSalle Avenue Site("site")located at 89 LaSalle Avenue, Buffalo, Erie County under New York State's
Brownfield Cleanup Program have been or will be met. Please see the map for the site location.
The cleanup activities were performed by Legacy South Campus, L.P.,and Legacy UPAL, L.P.with oversight provided by NYSDEC.
NYSDEC has approved a Final Engineering Report and issued a Certificate of Completion for the site.Copies of the Final Engineering
Report and Notice of the Certificate of Completion are available at the location(s)identified below under"Where to Find
Information."
Completion of Project
The cleanup consisted of."
•Excavation and off-site disposal of approximately 350 tons of contaminated soil;and
Construction and maintenance of a soil cover system consisting of a minimum two feet of clean imported soil and/or impervious
material(i.e,asphalt pavement,concrete sidewalks and buildings),differentiated by a demarcation layer to prevent human exposure to
remaining contaminated soil/fill remaining at the site.A majority of areas on the site where the soil cover system is placed have in
excess of three to four feet of clean fill overlying the demarcation layer.
Environmental easements have also been imposed on the Legacy and City-owned parcels that comprise the site.The easements limit
the property to restricted residential,commercial and industrial uses.A Site Management Plan has been prepared that details the
management of any future excavation of contaminated soil/fill and the requirements for periodic review and certification of site controls.
Final Engineering Report Approved
NYSDEC has approved the Final Engineering Report,which:
1)Describes the cleanup activities completed.
2)Certifies that cleanup requirements have been or will be achieved for the site.
3) Describes any institutional/engineering controls to be used. An institutional control is a non-physical restriction on use of the site,
such as a deed restriction,when contamination left over alter the cleanup action makes the site suitable for some, but not all uses.An
engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier. 4) Certifies that a site
management plan for any engineering controls used at the site has been approved by NYSDEC.
The following institutional controls have been or will be put in place on the site:
-Land Use Restriction
-Soil Management Plan
-Monitoring Plan
-Institutional Control/Engineering Control Plan
-Environmental Easement
The following engineering controls have been or will be put in place on the site:
-Cover System
Next Steps
With its receipt of a Certificate of Completion,the applicant is eligible to redevelop the site. In addition,the applicant:
• has no liability to the State for contamination at or coming from the site,subject to
certain conditions;and
• is eligible for tax credits to offset the costs of performing cleanup activities and for
redevelopment of the site.
A Certificate of Completion may be modified or revoked if,for example,there is a failure to comply with the terms of the order or
agreement with NYSDEC.
Background
Location:The site is located at 89 LaSalle Avenue in the City of Buffalo, Erie County. It is bordered to the north by commercial
properties on LaSalle Avenue;to the south and west by a municipal park(McCarthy Park)and residential properties;and to the east by
Cordova Avenue and an apartment complex.
Site Features: The site consists of five tax parcels addressed as 67 and 89 LaSalle Avenue, and 71 NY L& W RR (71 Cordova
Avenue)totaling 9.23 acres.A portion of the 71 NY L&W RR parcel,that is part of the BCP site,is owned by the City of Buffalo.
The 67 LaSalle Avenue property on the north end of the site was generally fiat and covered primarily with asphalt pavement and three
vacant buildings.The southern portion of the site includes the 89 LaSalle and 71 Cordova Avenue properties and consisted of
undeveloped,vacant land covered by a mixture of grassy vegetation,dense brush and trees.There were a few structures located on
this part of the site,consisting of a large radio transmitting antennae and small fenced areas protecting equipment that were associated
with a former radio station located adjacent to the site.The southern portion of the site sloped slightly to the north with limited
distinguishable site features.
Concurrent with remediation,the site has been redeveloped and is currently occupied by an apartment complex.Most of the site is now
covered by the apartment buildings,paved roadways and parking lots.
Current Zoning and Land Use:The property is located in two zoning districts known as the Transit Station and Light Industrial
Districts,both of which would permit restricted residential use.
Past Use of the Site:The southeastern half of the site,which includes the 71 Cordova and southern portion of the 89 LaSalle parcels,
were used as a stone quarry from approximately 1915 through 1950.The quarry was subsequently used by the City of Buffalo as a
landfill in the 1950s and 1960s for the disposal of demolition debris,ash,railroad ballast and reportedly some municipal waste.All but a
small portion of the southeast comer of the quarry,well to the south of the site near East Amherst Street,was backfilled to the surface.
The 67 LaSalle parcel was used as a lumber yard since the early 1900s. More recently, some of the structures on this portion of the
site were used for automotive storage after the lumberyard closed,sometime between 2007 and 2009.
Site Geology and Hydrogeology:The western and northern portions of the site are covered by a heterogeneous fill layer that varies in
thickness from 1.25 to 12.9 feet,generally extending to the top of bedrock.There is little or no native soil.The fill is shallower on the
northern end of the site and increases in thickness to the south.
The southern and eastern portions of the site were part of a larger bedrock quarry. The fill layer varies in thickness from 19.5 to 45.5
feet,and extends to bedrock.There is no native soil in these portions of the site.
The fill found across the site contains ash,cinders,foundry sands,gravel,sand,clay,bricks,glass,wood,metal scraps and
miscellaneous debris.The site lithology is consistent with the historic use as a quarry and subsequent solid waste landfill.
The site hydrogeology is complicated by the significant man-made elevation differential that exists in the bedrock across the site
resulting from the historical rock quarrying activities. Bedrock in the backfilled quarry was encountered at a depth of approximately 45
feet below ground surface(bgs).Groundwater is mostly absent from the fill and overburden.Groundwater in the bedrock monitoring
wells was encountered 43 to 54 feet bgs and flows to the northwest beneath the site.
Additional site details,including environmental and health assessment summaries,are available on NYSDEC's website
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.204
NYSDEC-CERTIFIES CLEANUP 766 NEW BABCOCK
NYSDEC Certifies Cleanup Requirements Achieved at
Brownfield Site
The New York State Department of Environmental Conservation(NYSDEC)has determined that the cleanup requirements to address
contamination related to the EN RX, Inc.Voelker Analysis site("site")located at 766 New Babcock Street, Buffalo, Erie County under
New York State's Brownfield Cleanup Program have been or will be met. Please see the map for the site location.
The cleanup activities were performed by Diamond Hurwitz Scrap, LLC with oversight provided by NYSDEC. NYSDEC has approved a
Final Engineering Report and issued a Certificate of Completion for the site.Copies of the Final Engineering Report and Notice of the
Certificate of Completion are available at the location(s)identified below under"Where to Find Information."
Completion of Project
The cleanup consisted of:
Cleaning and sealing of the building's interior sumps;
Excavation,removal,cleaning and off-site disposal of six underground storage tanks and the disposal of approximately 11,000 gallons
of contaminated water within the tanks;
Excavation and off-site disposal of 1,211 tons of contaminated soils and 23 tons of construction and demolition debris;
•Construction and maintenance of a cover system over the entire site,consisting of asphalt and concrete,to prevent human exposure
to remaining contaminated soil/fill remaining at the site;•Installation of a groundwater pump and treat system to achieve a bulk
reduction in groundwater contamination and create an inward gradient to prevent impacted groundwater from exiting the site;and
Installation of a sub-slab depressurization system in the on-site building to prevent potential soil vapor intrusion into indoor air.
An environmental easement has been imposed on the site that limits the property to commercial and industrial uses.A Site
Management Plan has been prepared that details the management of any future excavation of contaminated soil/fill,the operation,
maintenance and monitoring of the treatment systems and the requirements for periodic review and certification of the controls listed
above.
Final Engineering Report Approved
NYSDEC has approved the Final Engineering Report,which:
1)Describes the cleanup activities completed.
2)Certifies that cleanup requirements have been or will be achieved for the site.
3)Describes any institutional/engineering controls to be used.An institutional control is a non-physical restriction on use of the site,
such as a deed restriction,when contamination left over after the cleanup action makes the site suitable for some,but not all uses.An
engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier.
4)Certifies that a site management plan for any engineering controls used at the site has been approved by NYSDEC.
The following institutional controls have been put in place on the site:
-Environmental Easement
-Land Use Restriction
-Groundwater Use Restriction
-Soil Management Plan
-Operation and Maintenance Plan
-Monitoring Plan
The following engineering controls have been put in place on the site:
-Groundwater Treatment Systems
-Groundwater Containment
-Vapor Mitigation
-Cover System
Next Steps
With its receipt of a Certificate of Completion,the applicant is eligible to redevelop the site. In addition,the applicant:
• has no liability to the State for contamination at or coming from the site,subject to certain conditions;and
• is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site.
A Certificate of Completion may be modified or revoked if,for example,there is a failure to comply with the terms of the order or
agreement with NYSDEC.
Background
Location:The site is located at 766 New Babcock Street,near Williams Street,in the eastern portion of the City of Buffalo, Erie County.
Site Features:The site is bounded by New Babcock Street on the east, Hannah Street on the west,a gravel parking lot on the south
and commercial property to the north.The main site feature is a single-story warehouse/maintenance building with an attached office.
The remainder of the site is covered by asphalt pavement.
Current Zoning and Land Use:The site is zoned for industrial use.The surrounding area is developed with a recycling facility to the
west, NFTA bus garages to the southeast,vacant lots to the east,and industrial buildings and commercial facilities to the north,along
Williams Street.The nearest residential properties are approx. 1,300 ft.to the southwest of the site.
Past Use of the Site:Voelker Analysis was a small,permitted hazardous waste facility for the processing and recovery of chlorinated
organic solvents. It was housed in a multi-story wood frame structure and adjoining one-story brick and concrete block building.The
facility handled waste solvents such as methylene chloride,trichloroethylene,tetrachloroethene and 1-1-1-trichloroethane.The facility
was acquired by EN RX in August of 1987,which moved the solvent recovery operations from the wood frame building into the
adjoining brick structure. In 1989,the facility's RCRA hazardous waste recovery permit was revoked and the facility was abandoned.
Between 1990 and 1992,the USEPA removed nearly 500 drums of chlorinated solvent wastes that had been left in the facility.
Between 1998 and 1999,the older wood frame portion of the facility was demolished by a subsequent owner.
Site Geology and Hydrogeology: Fill material covers the entire site. It consists of sand,gravel,and silty clay mixed with varying amounts
of brick,concrete and wood fragments,plastic,glass,ash and cinders. Limestone bedrock was found at a depth of 8 to 10 feet,
covered with one foot or less of native silt and clay.Groundwater was found at or near the interface of overburden soil and bedrock,
and flows in a northerly direction.
Additional site details,including environmental and health assessment summaries,are available on NYSDEC's website
RECEIVED AND FILED
NO.205
M.ROMANOWSKI-SEQR 3 GATES CIRCLE
Pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations,6 NYCRR Part 617
(collectively,the State Environmental Quality Review Act["SEQRA"]),The City of Buffalo Zoning Board of Appeals("ZBA"),makes the
following Findings.
Gates Circle Redevelopment
Canterbury Woods at Gates Circle
Project Sponsor: Episcopal Church Home&Affiliates,inc.("Project Sponsor"or"Applicant")
Description of Action:The Applicant is proposing to construct a Canterbury Woods continuing care retirement community at Gates
Circle consisting of a 58-unit facility and related improvements on the northwest corner of 3 Gates Circle("Site")in the City of Buffalo
("City").The facility will be a 6-story(88'3"tall),approximately 125,000 sq.ft.structure with units ranging in size from 800-2,000
square feet,5-unit assisted living center and other supporting services(collectively,the"Project").
Project Site:3 Gates Circle, Buffalo, New York
Lead Agency:City of Buffalo Planning Board
Agency Jurisdiction: Pursuant to§511-122 et.seq.of the Charter and Code of the City of Buffalo("Code")and New York General City
Law§81-b,the ZBA has jurisdiction to consider the requested Area Variances. Here,the Applicant is seeking two setback variances
related to the height of the proposed structure.The requested variances include a front setback variance(25'required, 10'provided)
and an internal lot line side setback variance(24.5'required, 16'provided)(collectively hereinafter referred to as"Requested
Variances").
Date FGEIS Accepted:October 19,2015
Date of Findings Statement for Gates Circle Redevelopment: November 16,2015
Nadine Marrero, Director of Planning City of Buffalo Office of Strategic Planning 901 City Hall
Buffalo, New York 14202
Phone:(716)851-5029
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.206
M.ROMANOWSKI-ZONING VARIANCE 3 GATES CIRCLE
I hereby certify that at a meeting of the City of Buffalo Zoning Board of Appeals held at its offices at 901 City Hall,65 Niagara Square,
Buffalo, New York,on the 20th day of January,2016,a resolution was adopted of which the following is a true copy.
Present:
Rev.James A. Lewis, Ill-Chairman
Anthony Diina
William Grillo
Tuona Bachelor
Bernice Radley
The following resolution was introduced:
WHEREAS,on October 2,2015, Episcopal Church Home and Affiliates, Inc,(the"Applicant"or"Canterbury Woods"),pursuant to§
511-122 et.seq.of the Charter and Code of the City of Buffalo(the"Code")and New York General City Law§8 I-b,submitted a Letter
of Intent("LOI"),including Exhibits A-K,to the City of Buffalo Zoning Board of Appeals("ZBA"),in furtherance of the Applicant's
request for certain Area Variances for a proposed 58-unit continuing care retirement community facility on the northwest comer of 3
Gates Circle(the"Site")in the City of Buffalo(the"City"), Erie County, New York(the"Site");and
WHEREAS,the Applicant has provided information in the LOI supporting the request for a front setback area variance and side
setback area variance for the proposed height of the Canterbury Woods building;and
WHEREAS,a Public Hearing was held on the Area Variance Application by the ZBA on December 16,2015,at which time the
Applicant presented the details for the Project and all who wished to comment were allowed to be heard;and
WHEREAS,the ZBA has fully reviewed and discussed this matter;and
WHEREAS,the Site is currently zoned R5(Apartment-Hotel District);and
WHEREAS,pursuant to the State Environmental Quality Review Act,Article 8 of New York Environmental Conservation Law and 6
NYCRR Part 617("SEQRA"),a governmental agency is required,prior to taking action on an application,to undertake an
environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts,and
the Applicant prepared a Full Environmental Assessment Form("FEAF"),attached as Exhibit"K"to the October 2,2015 LOI,to assist
the ZBA in thoroughly evaluating the potential impacts of the action;and
WHEREAS,the Project was part of the comprehensive environmental review of the Gates Circle Redevelopment pursuant to SEQRA,
which included the preparation of a Generic Environmental Impact Statement("GEIS")and the issuance of a Findings Statement by
the City of Buffalo Planning Board("Planning Board")on November 16,2015;and
WHEREAS,based on its identification and evaluation of the potential adverse environmental impacts of the Project,the ZBA has
determined that the Project is consistent with what was described in the GEIS and the Planning Board's Findings Statement dated
November 16,2015,for the overall Gates Circle Project;and
WHEREAS,the ZBA has determined that the potential impacts associated with the requested Area Variance are minimal in light of the
size and scale of surrounding development,and any negative impacts have been minimized to the greatest extent practicable by the
design of the proposed building;and
WHEREAS,the ZBA has,pursuant to Code§511-122 et.seq.and New York General City Law§81-b,received and reviewed the
Application materials for the Project,and after fully discussing this matter,has decided to approve the requested Area Variances.
Now THEREFORE BE IT RESOLVED BY THE ZONING BOARD OF APPEALS,pursuant to
City Code§511-122 et seq.and New York General City Law§8 I-b,as follows:
1. The Applicant seeks a front setback variance and one side setback variance in light of the Building's height.The Building is
proposed to have an 88'3"high roof maximum height and within the R5 District,height and setbacks are intertwined.The required
front setback is 25'and 10'is being provided;and the required side setback is 24.5'and 16'is being provided.
2. The ZBA has made the following determinations with respect to the Applicant's request for Area Variances for setbacks
associated with the Project:
a. That given the urban nature of the Project Site and the height of adjacent structures, the requested Area Variances will not have a
significant adverse impact upon adjacent properties or the character of the neighborhood;
b.That the only other means by which the Applicant can meet the space requirements would be to dramatically increase the footprint of
the building, which would reduce .the proposed surface parking and landscaped areas, exacerbate the height or setback
encroachments at the Site and eliminate design advantages associated with the existing Site Plan, which was approved by the
Planning Board on January 11,2016 after a thorough review of the Project;
c. That in an urban setting like the Project Site, in which the surrounding area is highly developed, with several tall buildings, the
proposed Area Variances are not substantial;
d. That the front setback is relatively minor, and is further mitigated by the large public right-of-way between Gates Circle and the
actual property line. Moreover, the former hospital was in excess of 10 stories in height and located immediately on the existing
property line,so the building's setback represents an improvement from prior conditions;
e.That the side setback is a setback from an internal lot line that is part of the larger Gates Circle Redevelopment Project and therefore
will not have a negative impact on the character of the neighborhood or nearby properties;
f. That the Building is located on a critical parcel within the Gates Circle Redevelopment Site and is limited in size to accommodate
additional development not controlled by the Applicant.The Applicant could shrink the footprint of the building and actually make it taller
to meet the setback requirements, however, this would produce an undesirable increase in height, causing a more substantial visual
impact;
g. That the requested Area Variances will not have an adverse impact on the physical or environmental conditions in the surrounding
neighborhood because they will allow for a smaller building footprint, less impervious area and the incorporation of design elements
which will benefit users of the Site;and
h. That while the need for this Area Variance may be self-created, the Area Variances will result in a better-designed project that
minimizes impacts upon adjacent properties.
3. For the foregoing reasons, the ZBA approves the requested Area Variances for a front setback and side setback for Canterbury
Woods,allowing said building to have a maximum height of 88'3"(88 feet,3 inches).
4.This resolution shall be effective immediately.
PASSED AND ADOPTED by the City of Buffalo Zoning Board of Appeals on the 20`h of January,2016.
RECEIVED AND FILED
NO.207
J. ROZANSKI-CONCERNS FOOD STORE 3083 MAIN ST
The CC Legislation Committee is reviewing for its approval the application for a food store at 3083 Main Street. This proposed
business is in the Transit Station Area District and is a permitted use.The Community encourages new businesses.
Over the years I have been bewildered by the City, s licensing process. Under the City Charter, Chapter 194: Food Stores, the
Department of Permits and Inspection Services(PIS)issues the license.The CC approves the application(whatever that means).Too
often not only the applicant but also the CC seem confused by the process.
A number of food store applications are before the Committee.My comments about 3083 Main can probably also apply to some of
them.
The applicant Saleh Sayad lives in Amherst.Why does he want to open a store in Buffalo and not Amherst?
Why at 3083 Main Street?There is an Aldi across the street,a 7-11 and Frank's Mobile convenient store two blocks away,and another
food store around the corner on Lisbon. It appears that Mr.Sayad is renting the space(s)for the store.
What is the size of the space?How many rooms?Is there a toilet room?
Will there be any renovations?Will steps be taken to make the store ADA compliant?
Is there a floor plan showing the store layout?
Will there be employees?
What products will be sold?
The store sign is already in place. It indicates that the store will have cold cuts and sandwiches.Will these be prepackaged or prepared
on site?(Note Food Store restrictions)The Charter should have a section for delicatessens different from food stores.
What type of groceries will be sold?e.g.fresh fruits and vegetables?Will perishable goods such as milk and eggs be sold?
Will beer be sold?
What"dry goods"will be sold?The Charter should define dry goods.
Will deliveries be through the entrance or is there a side door?
What will be the hours of operation?
Has Mr.Sayad met with NYS Agriculture and Markets, Erie County Health Department?
REFERRED TO THE COMMITTEE ON LEGISLATION,
NO.208
U WINGO,SR-ARTICLE-BUS AIDES FOR BFLO SCHOOL BUS
MEMORANDUM
Gerald Chwalinski
Council Member Ulysees O.Wingo Sr.
Feb 2,2016
Buffalo News Article
I would like to file the attached information for the next Common Council meeting to be held on February 2,2016
Thank You,
Item available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO.209
R.WYATT-ARTICLE-APP HELPS TEACHERS TRACK STUDENT ATTENDANCE
Attention: Please file attached news article from the Buffalo News on a phone app that helps teachers and parents track their student's
attendance.
Thank you.
Rasheed N.C.Wyatt
University District Councilmember
Item available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
PETITIONS
NO.210
B.MELBER,AGENT,USE 1707 HERTEL CHANGE OF USE-REPAIR GARAGE TO SIT-IN RESTAURANT INCLUDING
RENOVATION,ADDITION,PATIO AND PARKING(DEL)(HRG 02/09)
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.211
A.HOLYCROSS,AGENT,REZONE,1336 NIAGARA FROM M1 TO CM FOR
MIXED USE RESIDENTIAL AND RETAIL SPACE(NIAGARA)(HRG 02/23)
REFERRED TO THE COMMITTEE ON LEGISLATION,THE CITY PLANNING BOARD
NO.212
A.HOLYCROSS,AGENT,REZONE,1340 NIAGARA FROM M1 TO CM FOR
MIXED USE RESIDENTIAL AND RETAIL SPACE(NIAGARA)(HRG 02/23)
REFERRED TO THE COMMITTEE ON LEGISLATION,THE CITY PLANNING BOARD
NO.213
A.HOLYCROSS,AGENT,REZONE,1360 NIAGARA FROM M1 TO CM FOR
MIXED USE RESIDENTIAL AND RETAIL SPACE(NIAGARA)(HRG 02/23)
REFERRED TO THE COMMITTEE ON LEGISLATION,THE CITY PLANNING BOARD
NO.214
P.STRADA,AGENT,USE 426 ABBOTT FOR A POLE SIGN IN THE SOUTH BUFFALO SPECIAL DISTRICT
(SOUTH)(HRG 02/09)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
CIVIL SERVICE
(RASHEED N.C.WYATT,CHAIRPERSON)
NO.215
APPOINT COORD OF ANTI-GRAFFITI&CLEAN CITY PROG(PROV)(MAX)(OLIVENCIA)(CIT SERV)
(CCP#16-69,01/19)
Mr.Wyatt moved:
That Communication 69 of January 19, 2016, be received and filed and that the Provisional appointment of Wilmer Olivencia, 712
Prospect Avenue, Buffalo NY 14213 at the Maximum Salary of$60,560.00.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.216
APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(INTER)(WALKER)(PW)(CCP#16-82,01119)
Mr.Wyatt moved:
That Communication 82 of January 19,2016,be received and filed and that the Provisional appointment of Marvin Walker,403
Dartmouth, Buffalo, NY 14215 at the Intermediate Salary of$33,722.0Q00 is hereby approved•
PASSED
AYES-9 NOES-0
NO.217
APPOINT PARKING ENFORCEMENT SUPERVISOR I(PERM)(INTER)(GOSPORDARSKI)(PKG)
(CCP#16-97,01/19)
Mr.Wyatt moved:
That Communication 97 of January 19,2016,be received and filed and that the Permanent appointment of Peter Gospodarski, 193
Weaver, Buffalo, NY 14206 at the Intermediate Salary of$40,788.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.218
APPOINT SECRETARY TO THE EXECUTIVE DIRECTOR(PROV)(EXEMPT)(THOMPSON)(COM SVS)
(CCP#16-98,01/19)
Mr.Wyatt moved:
That Communication 98 of January 19, 2016, be received and filed and that the Provisional appointment of Alonzo Thompson, 811
Humboldt Pkwy, Buffalo, NY 14208 at the Salary of$29,000.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.219
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM
(CCP#16-106,01/19)
Mr.Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(RICHARD A.FONTANA,CHAIRPERSON)
NO.220
POPULAR ANNUAL FINCIAL REPORT(COMPT)
(CCP#16-71,0119)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.221
PERMISSION TO AMEND RATES-ERIE BASIN MARINA SLIP RENTAL(FILL)(DPW)
5
(ITEM NO.72,C.C.P.,JAN.19,2016)
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That tile Commissioner of the Department of Public Works, Parks and Streets hereby submits for consideration by the Common
Council a rate schedule for seasonal slip rental at the Erie Basin Marina.,on the condition that the Marina file its charges per linear foot
with the Common Council.
PASSED
AYES-9 NOES-0
NO.222
PERMISSION TO ACCEPT 2015 CRITICAL INFRASTRUCTURE GRANT PROGRAM FUNDING(POLICE)
(ITEM NO.85,C.C.P.,JAN.19,2016)
Mr. Fontana 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 authorizes the Commissioner of the Buffalo Police Department to accept funding totally$50,000
from the New York State Division of Homeland Security and Emergency Services 2015 Critical Infrastructure Grant Program,covering
the grant period of December 7,2015 through August 31,2018,to implement planned security protocols,specifically to install x-ray
screening at the front access points and to purchase personal identification/access cards for all employees.
That the Common Council hereby authorizes the City Comptroller to provide for an inter-fund cash loan totally$50,000 for this
equipment until such City reimbursements are secured by the funding source(New York State Division of Homeland Security and
Emergency Services);and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other
steps,including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this State
Homeland Security Program Grant funding.
PASSED
AYES—9 NOES-0
NO.223
REQUEST TO APPROVE ADDITIONAL FUNDING FOR THE
BUFFALO URBAN LEAGUE YOUTHBUILD PROGRAM(COMM SVS)
(ITEM NO.99,C.C.P.,JAN.19,2016)
Mr. Fontana 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 authorizes the Mayor,the Executive Director of the Office of Strategic Planning and/or the Deputy
Commission of Community Services and Recreational Programming to execute and agreement to increase funding in the amount of
$100,000 for the Buffalo Urban League Youthbuild Program,which services eligible low to moderate income young adults in the City of
Buffalo by providing training in construction trades,as well as educational and social supports to increase self-sufficiency and
economic empowerment through employment;said agreement to be negotiated to finalization and approved as to form by the City of
Buffalo Corporation Counsel;and
That the Common Council hereby authorizes pertinent City personnel to take such steps and actions and to execute such documents
and agreements as shall be necessary to extend the terms of all previously approved Community Development Block Grants(CDBG)
and Emergency Shelter Grants(ESG).
PASSED
AYES—9NOE-0
NO.224
APPROVAL OF CONTRACT-PALLADIAN EMPLOYEE ASSISTANCE PROGRAM(HR)
(ITEM NO.100,C.C.P.,JAN.19,2016)
Mr. Fontana 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 authorizes the Commissioner of Human Resources to enter into a contract agreement with Palladian
Employee Assistance Program to City of Buffalo employees,their spouses,and dependents who reside in the same household,for a
contractual term to begin March 1,2016 and shall end on February 29,2017.,upon the condition that Palladian conduct a customer
satisfaction survey of its 2015 participants and file with the Common Council,and that Palladian use positive messages in its
advertising to draw in more participants..
PASSED
AYES-9 NOES-0
NO.225
AUDIT OF THE BUREAU OF FIRE PREVENTION(COMPT)
(CCP#16-4,01-5)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.226
REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2015 ROLL(ASMT.)
(ITEM NO.2520,C.C.P.,DEC.22,2015)
Mr. Fontana 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 Certificate of Current Base Proportions pursuant to Article 19 of the Real Property Tax
Law;and that the Common Council hereby directs the City Clerk to sign,date and forward said Certificate to the New York State
Department of Taxation and Finance,Office of Real Property Tax Services with a copy of same to the Commissioner of Assessment
and Taxation.
PASSED
AYES-9 NOES-0
NO.227
J.GILES-PEACEMAKERS PROGRAM(CP)
(CCP#15-2411,12/08)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.228
LETTERS TO MANAGEMENT FROM INDEPENDENT AUDITORS(COMPT)
(CCP#15-696,04/14)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR.,CHAIRPERSON)
NO.229
SUBMISSION OF YEARLY REPORT 2015 CALENDAR YEAR(CITY SERV)
(C.C.P.#16-68,JAN 19)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.230
M.ROMANOWSKI(INFORMATIONAL)SEQR GATES CIRCLE REDEV
(C.C.P.#16-111,JAN 19)
That the above item be and hereby is referred to the Common Council with a recommendation for Received and Filed:
Mr.Golombek now moves that the above item be recommitted to the Committee on Community Development
ADOPTED
NO.231
M.ROMANOWSKI(INFORMATIONAL)SEQR GATES CIRCLE REDEV&CANTEBURY WOODS
(C.C.P.#16-113,JAN 19)
That the above item be and hereby is referred to the Common Council with a recommendation for Received and Filed:
Mr.Golombek now moves that the above item be recommitted to the Committee on Community Development
ADOPTED
NO.232
USPS-ELLICOTT STATION POST OFFICE RELOCATION PROJECT(NET LOSS)
(C.C.P.#15-2554,DEC 22)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.233
REPORT OF SALE-137 KINGSLEY&535 E.UTICA(ELL)(STRAT PLAN)
(C.C.P.#15-2014,OCT 13)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.234
CITY CENTER CONDOMINIUM ASSOC-CONCERNS NEIGHBORHOOD BARS
(C.C.P.#15-1265,JUNE 23)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.235
PILOT PLAN FOR UPKEEP OF PUBLIC AND PRIVATE VACANT LOTS(PRIDGEN)
(C.C.P.#15-785,APR 14)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.236
D.PRIDGEN-J.PITTS-MICHIGAN BROADWAY COMM AREA LEFT OUT OF BETTER BFLO FUNDS
(C.C.P.#14-2201,OCT 28)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.237
MARINE DR RESIDENT COUNCIL-CONCERNS QUALITY OF LIFE ISSUES
(C.C.P.#14-1882,SEPT 16)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.238
ENCROACHMENT OVER CITY ROW-128 GENESEE(PW)
(C.C.P.#14-1711,SEPT 2)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.239
CONCERNS MAINTENANCE OF TOWNE GARDEN APTS BY PLATIUM MNGT(CP)
(C.C.P.#14-761,APR 15)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.240
REPORT OF SALE-485 EAST UTICA(MASTEN)(STRAT PLAN)
(ITEM NO.539,C.C.P.,MAR.8,2015)
Mr.Golombek moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for denial;
That the offer from MD Jalal Uddin and Mosammat J. Khan,93-07 104 Street,Apt. 1, Richmond Hill, New York 11418,in the amount
of Three Thousand Dollars($3,000.00)for the purchase of 485 East Utica is hereby denied.
DENIED
AYES-9 NOES-0
NO.241
D.PRIDGEN-HOW OTHER CITIES UTILIZE THEIR BASEBALL FIELD WHEN NOT IN SESSION
(C.C.P.#13-59,FEB 19)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.242
SUPPORT EXPANDED USE OF COCA COLA FIELD(PRIDGEN)
(C.C.P.#13-72,FEB 5)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
LEGISLATION
(CHRISTOPHER P.SCANLON,CHAIRPERSON)
NO.243
FOOD STORE LICENSE(NEW)111 LOEPERE STREET(PILL)(DPIS)
(ITEM NO.88,C.C.P.,JAN.19,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Commissioner of Permits and Inspections Services hereby approves the application of Nuruld Murshed and Murshid
Maintenance Inc.d/b/a Friends Grocery to operate a food store located at 111 Loepere Street.
With the following Conditions
1. Hours of operations shall be 8:00 am to 11 pm Sunday-Thursday and 8:30 am to Midnight Friday&Saturday
2.Must have working security cameras inside&outside of store and must make tapes available upon request
3."No Loitering"signs to be posted and enforced by store employees
4. No spray painted,hand painted o air-brushed signage or graphics on building
5.Must have trash receptacles outside store and be maintained
6. No outside signage advertising tobacco,gambling(lottery),or alcohol
7. No selling of loose items-cigarettes,diapers,etc.
8. No payphones outside of store
9. No blocking of windows
10.All mechanical Equipment must be in working order
11.Any broken window must be repaired within 72 hours
(
12. No smoking in building
13.Any graffiti must be removed within 72 hours
14. No vehicles to be parked on sidewalks
PASSED
AYES-9 NOES-0
NO.244
LODGING HOUSE LICENSE-1629 ELMWOOD(NORTH)(DPIS)
(ITEM NO.91,C.C.P.,JAN.19,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is returned to the Common Council without recommendation;
That pursuant to Chapter 254 of the City Ordinances,the Commissioner of Economic Development, Permit and Inspections Services
be,and he hereby is authorized to grant a Lodging House License to Nancy Singh d/b/a L&S Estates LLC located at 1629 Elmwood.
PASSED
AYES 9, NOES 0
NO.245
P.STRADA,AGENT,TO USE 614 E.EAGLE TO ALTER AN EXISTING GROUND SIGN
TO INCLUDE CHANGINGLED MESSAGE DISPLAY(ELL)(DPIS)
(ITEM NO.115,C.C.P.,JAN.19,2016)
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 P.Strada,Agent,to alter an existing ground sign to include changing
electronic LED message display,located at 614 E. Eagle.
PASSED
AYES 9, NOES 0
NO.246
J.BOURIS,OWNER,TO USE 1035 ABBOTT TO ERECT A TWO-STORY ADDITION TO AN EXISTING
RESTAURANT IN THE ABBOTT/MCKINLEY SPECIAL ZONING DISTRICT(SOUTH)(EPIS)
(ITEM NO.116,C.C.P.,JAN.19,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Common Council hereby approves the application of J. Bouris,Owner,to erect an 8,000 square foot two-story Type 2b
addition to an existing restaurant,located at 1035 Abbott Road in the Abbott/McKinley Special Zoning District with the following
conditions:
At today's City of Buffalo Legislation Committee meeting,agenda item 11.16-116 will have additional condition placed upon it before
approval is granted. In talking with residents of South Buffalo and the owners of Imperial Pizza,located at 1035 Abbott Rd,it has been
concluded that certain conditions be met and maintained throughout future operations at this location. In order to satisfy the concerns
of the residents living near this location,my office has agreed to place these conditions on future development mad operations taking
place at Imperial Pizza.The conditions are as follows:
1.The closing of the bar at this location must coincide with the closing of the pizzeria. It has been agreed upon that closing time will be
at 11:30PM.
2. In order to permit a second story being added to this location,the residents of South Buffalo,my office,and the owners of Imperial
Pizza have agreed that there be no windows in rear of the expansion taking place.
Our office wishes nothing but success for businesses looking to expand within the South District. I would like to wish Imperial Pizza
good luck in all their future endeavors and look forward to working with them in the future.
Sincerely,
Christopher P.Scanlon-South District Councilmember
PASSED
AYES 9, NOES 0
NO.247
V.RODRIGUEZ;OWNER,TO USE 548NIAGARA FOR A NEW OWNER OPERATING AN EXISTING
LAUNDROMAT/DRY CLEANING BUSINESS IN THE NIAGARA RIVER COASTAL SPECIAL
REVIEW DISTRICT(ELL)(DPIS)(ITEM NO.117,C.C.P.,JAN.19,2016)
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 V. Rodriguez,Owner,to operate an existing laundromat/dry cleaning
business under a new owner,located at 548 Niagara in the Niagara River Coastal Special Review District.
PASSED
AYES 9, NOES 0
NO.248
C.BANACH,AGENT;TO REZONE 420 E.DELAVAN FROM A Cl,M-1 TO A M1 (MASTEN)(DPIS)
(ITEM NO.118,C.C.P.,JAN.19,2016)
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 C. Banach,Agent,to rezone 420 E. Delavan from C-1,M-1 to a M-1 for
a warehouse storage facility.
PASSED
AYES 9, NOES 0
NO.249
J.EASTWOOD,OWNER,TO USE 561 DELAWARE TO RE-ESTABLISH AN EXISTING
RESTAURANT AND PATIO IN THE ALLEN STREET SPECIAL DISTRICT(FILL)(DPIS)
(ITEM NO.119,C.C.P.,JAN.19,2016)
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. Eastwood,Owner,to reestablish a restricted use in the Allen Street
Special District for an existing restaurant(new lease)to also include use of an existing patio located at 561 Delaware.
PASSED
AYES 9, NOES 0
NO.250
CONSTITUENTS CONCERN WITH GREEN CODE AND MCCARLEY GARDENS(CP)
(C.C.P.#16-5,JAN 5)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.251
FOOD STORE LICENSE(NEW)-860 WALDEN(LOV)(DPIS)
(ITEM NO.51,C.C.P.,JAN.5,2016)
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 Commissioner of Permits and Inspections Services hereby approves the application of Edris Saleh d/b/a City Zone Market to
operate a food store located at 860 Walden upon the following conditions:
• No sale of drug paraphernalia
• No sale of glass pens or similar glass tubes
• No sale or giveaway of wire mesh cleaning pads
• No sale of blunt cigars or wrapping papers
• No sale or giveaway of single razor blades
• Placement of 4'x 4'sign stating"turn off your car and radio"
PASSED
AYES 9, NOES 0
RESOLUTION
NO.252
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$2,478,233 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$2,478,233.
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 Four Hundred Seventy-Eight Thousand Two Hundred Thirty-
Three Dollars($2,478,233),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(a)three(3)engines/pumpers E-One Model Cyclone 2 at the estimated maximum cost of$484,923
each,and(b)one(1)rear-mount tower ladder E-One Model Cyclone 2 at the estimated maximum cost of$961,508.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$2,478,233 as set forth in the duly adopted 2016 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-2016", 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,in the
maximum amount of$2,478,233.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 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 purp6se 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.253
BY: RICHARD A.FONTANA
BOND RESOLUTION
BAILEY AVENUE BRIDGE RECONSTRUCTION
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$2,180,000 General Improvement Bonds of said City,to
finance the local share of the cost of bridge reconstruction on Bailey Avenue over Cazenovia Creek and the Buffalo River in the City,at
the estimated maximum cost of$22,566,700,and authorizing$19,449,000 expected to be received from the United States of America
and/or the State of New York and$117,700 proceeds of City bonds previously issued 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,in addition to proceeds of$820,000 bonds to be authorized in the future to finance the balance of said cost.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the total principal amount of Two Million One Hundred Eighty Dollars($2,180,000),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 bridge reconstruction on Bailey Avenue over Cazenovia Creek and the Buffalo
River in the City.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$22,566,700 as set forth in the duly adopted 2016
Capital Improvements Budget of said City,as amended.The Comptroller of the City is hereby further authorized to expend
$19,449,000 expected to be received from the United States of America and/or the State of New York and$117,700 proceeds of City
bonds previously issued 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,in addition to proceeds of$820,000 bonds to be authorized in the
future to finance the balance of said cost.
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,"Bailey Avenue Bridge Reconstruction-2016", 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 object or purpose for which bonds
are herein authorized,which costs are reasonably expected to be incurred by the City,pursuant to this Bond Resolution,in the
maximum amount of$3,000,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The 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.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.254
BY: RICHARD A.FONTANA
BOND RESOLUTION
INFRASTRUCTURE IMPROVEMENTS(VARIOUS)
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$6,271,055 General Improvement Bonds of said City to
finance the cost of infrastructure improvements at various locations throughout the City,at the estimated total cost of$6,271,055.
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 Six Million Two Hundred Seventy-One Thousand Fifty-Five Dollars
($6,271,055),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 at various locations
throughout the City 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 bonds 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 2016 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 Engineer(mg,"Infrastructure Improvements(Various)-2016", 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$6,271,055.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 ten(10)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.The faith and credit of said City are hereby irrevocably pledged for the punctual payment of
the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6.The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said
bonds may be contested only if:
(a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money,or
(b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied
with,
and an action,suit or proceeding contesting such validity,is commenced within twenty days after the date of such publication,
or
(c)Such obligations are authorized in violation of the provisions of the constitution.
REFERRED TO THE COMMITTEE ON FINANCE
NO.255
BY: RICHARD A.FONTANA
BOND RESOLUTION
OHIO STREET LIFT BRIDGE RECONSTRUCTION
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$369,000 General Improvement Bonds of said City,to
finance the local share of the cost of rehabilitation for the Ohio Street Lift Bridge over the Buffalo River,between St.Clare and Ganson
Streets,in the City,at the estimated maximum cost of$7,145,250,and authorizing$6,776,250 expected to be received from the State
of New York and/or 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 Three Hundred Sixty Nine Thousand Dollars($369,000),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 for the Ohio Street Lift Bridge over the Buffalo River,between
St.Clare and Ganson Streets in the City,including design and construction for foundation,substructure,superstructure,decking,
mechanical systems,electrical systems,operator house improvements,site improvements in the vicinity of the lift bridge,traffic
barriers and all appurtenant work.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$369,000 as set forth in the duly
adopted 2016 Capital Improvements Budget of said City,as amended.The Comptroller of the City is hereby further authorized to
expend$6,776,250 expected to be received from the State of New York and/or 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,"Ohio Street Lift Bridge Reconstruction-2016", 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 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$369,000.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. 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.256
BY: RICHARD A.FONTANA
BOND RESOLUTION
SENECA STREET IMPROVEMENTS
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$2,378,000 General Improvement Bonds of said City,to
finance the cost of infrastructure improvements to Seneca Street Corridor District in the City,at the estimated maximum cost of
$2,378,000.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the total principal amount of Two Million Three Hundred Seventy-Eight Thousand Dollars
($2,378,000),pursuant to the provisions of the Charter of said City,the Local Finance Law,constituting Chapter 33-a of the
Consolidated Laws of the State of New York(the"Law")and the resolution passed by the Common Council on September 29,2015
(Item No. 1882)(hereinafter referred to as the"PIF Resolution"),to finance the cost of infrastructure improvements to the Seneca
Street Corridor District as described in the PIF Resolution.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
$2,378,000 as set forth in the duly adopted 2016 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,"Seneca Street Improvements-2016", 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$2,378,000.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.90 of the Law,is ten(10)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.The faith and credit of said City are hereby irrevocably pledged for the punctual payment of
the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6.The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said
bonds may be contested only if:
(a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money,or
(b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied
with,
and an action,suit or proceeding contesting such validity,is commenced within twenty days after the date of such publication,
or
(c)Such obligations are authorized in violation of the provisions of the constitution.
REFERRED TO THE COMMITTEE ON FINANCE
NO.257
BY: RICHARD A.FONTANA
AMENDING BOND RESOLUTION
SOUTH OGDEN BRIDGE RECONSTRUCTION
ACCOUNT 3000-31
Amending Bond Resolution of the City of Buffalo, New York,amending the bond resolution adopted February 18,2014 in relation to
financing the local share of the cost of reconstruction of the South Ogden Street Bridge over the Buffalo River in the City,at the
estimated maximum cost of$1,273,270.
Recitals
WHEREAS,the Common Council has heretofore duly authorized planning replacement of the South Ogden Street Bridge over the
Buffalo River in the City,at the estimated maximum cost of$53,500,which amount was appropriated therefore pursuant to the Bond
Resolution(Item No.356)duly adopted on February 18,2014,and it has now been determined that the period of probable usefulness
for such planning may be increased so that it shall be equal to the period of probable usefulness for reconstruction of such bridge;and
WHEREAS,it is now appropriate to authorize reconstruction of such bridge,and it is necessary to increase the appropriation for such
capital project by$127,500 for estimated reconstruction and construction costs;
Now,therefore,
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(A).The bond resolution of said City duly adopted by the Common Council on February 18,2014,entitled:
"Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$53,500 General Improvement Bonds of said City,to
finance the local share of the cost of planning replacement of the South Ogden Street Bridge over the Buffalo River in the City,at the
estimated maximum cost of$53,500"
is hereby amended to read as follows:
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$181,000 General Improvement Bonds of said City,to
finance the local share of the cost of reconstruction of the South Ogden Street Bridge over the Buffalo River in the City,at the
estimated maximum cost of$3,623,525,and authorizing$3,442,525 expected to be received from the United States of America and/or
the State of New York 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.
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 Eighty-One Thousand Dollars($181,000),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 reconstruction of the South Ogden Street Bridge over the Buffalo River 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$3,623,525 as set forth
in the duly adopted 2016 Capital Improvements Budget of said City,as amended,including$53,500 previously appropriated in the
2014 Capital Improvements Budget.The Comptroller of the City is hereby further authorized to expend$3,442,525 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 Ogden Bridge Reconstruction-2016", 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$181,000.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. 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.
Section(B).The amendment of the bond resolution set forth in Section A of this resolution shall in no way affect the validity of the
liabilities incurred,obligations issued,or action taken pursuant to said bond resolution,and all such liabilities incurred,obligations
issued,or action taken shall be deemed to have been incurred,issued or taken pursuant to said bond resolution,as so amended.
REFERRED TO THE COMMITTEE ON FINANCE
NO.258
BY: RICHARD A.FONTANA
BOND RESOLUTION
SOUTH PARK LOOP BRIDGE RECONSTRUCTION
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$530,000 General Improvement Bonds of said City,in
addition to$172,270 bonds previously authorized,to finance the local share of the cost of partial reconstruction of the South Park Loop
Bridge over South Park Lake in the City,at the estimated maximum cost of$1,273,270,and authorizing$571,000 expected to be
received from the United States of America and/or the State of New York 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 Five Hundred Thirty Thousand Dollars($530,000),in addition to
$172,270 bonds previously authorized,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 reconstruction of the
South Park Loop Bridge over South Park Lake in the City,including approaches.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$1,273,270 as set forth in the duly adopted 2016 Capital Improvements Budget of said City,as amended.The
Comptroller of the City is hereby further authorized to expend$571,000 expected to be received from the United States of America
and/or the State of New York 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 Reconstruction-2016", 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$530,000.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. 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.259
BY: RICHARD A.FONTANA
BOND RESOLUTION
STREET LIGHT REPLACEMENT-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 improvements to City-owned street lighting facilities located on Richmond Avenue, Linwood Avenue and Kensington
Expressway 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 improvements to City-owned street lighting facilities located on Richmond Avenue from W. Ferry to
Forest, Linwood Avenue from North to Delavan and Kensington Expressway from Elm/Oak to the City Line,including design,
inspection and construction for replacement of street light poles,acquisition of street light poles,replacement and rehabilitation of
street light foundations.The estimated total cost of objects or purposes for which the bonds authorized by this resolution are to be
issued,including preliminary costs and costs incidental thereto and the financing thereof,is$500,000 as set forth in the duly adopted
2016 Capital Improvements Budget of said City,as amended.
Section 2.The proceeds of the sale of the bonds authorized by this resolution,or any bond anticipation notes issued in anticipation of
the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks&Streets,
Division of Engineering,"Street Lights Replacement-Various-2016", 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$500,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution
are to be issued within the limitations of Section 11.00 a.5 of the Law,is thirty(30)years;however the maximum term of any bonds
issued pursuant to this Bond Resolution shall not extend beyond ten(10)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 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.260
BY: RICHARD A.FONTANA
BOND RESOLUTION
ALLENDALE THEATER IMPROVEMENTS(ADDITIONAL FUNDS)
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$314,431 General Improvement Bonds of said City in
addition to the$172,324 bonds previously authorized to finance the cost of partial reconstruction of the Allendale Theater located at
203 Allen Street in the City,at the total estimated maximum cost of$486,755.
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 Fourteen Thousand Four Hundred Thirty One Dollars
($314,431),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.,in addition to the$172,324 bonds previously authorized by Bond Resolution Item No.346 duly adopted by the
Common Council on February 17,2015 to finance the cost of partial reconstruction of the Allendale Theater located at 203 Allen Street
in the City,including architectural reconstruction of building envelope,roofing system,roof drains,roof system flashings,
reconstruction of masonry facades,restoration and stabilization of existing terra cotta along the main facade,mechanical replacement
of the rooftop and HVAC unit.The total estimated maximum 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$486,755 as set forth
in the duly adopted 2016 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 Improvements-2016", 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$314,431.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.Co)
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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.261
BY: RICHARD A.FONTANA
BOND RESOLUTION
BROADWAY MARKET KITCHEN
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 local share of the cost of construction of a commercial kitchen of the Broadway Market located at 999 Broadway in the City,
at the estimated maximum cost of$267,540,and authorizing$40,000 expected to be received from the State of New York 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 principal amount of Two Hundred Sixty-Seven 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"),to finance the local share of the cost of construction of a commercial kitchen of the Broadway
Market located at 999 Broadway in the City,including architectural and mechanical construction,acquisition of equipment,new
mechanicals,new walls,new finishes and a new handicapped accessible entrance made out of an existing exterior door.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$267,540 as set forth in the duly adopted 2016 Capital Improvements
Budget of said City,as amended.The Comptroller of the City is hereby further authorized to expend$40,000 expected to be received
from the State of New York 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&Streets,
Division of Buildings,"Broadway Market Kitchen-2016", 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$267,500.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 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)year.
(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 rear 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.262
BY: RICHARD A. FONTANA
BOND RESOLUTION
BUFFALO HISTORY MUSEUM
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$110,000 General Improvement Bonds of said City to
finance the local share cost of partial reconstruction of the Buffalo History Museum building located at 1 Museum Ct.,in the City,at the
estimated total cost of$110,000.
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 Ten Thousand
Dollars($110,000), 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 architectural and structural shoring and rebuilding of
the foundation at the portico of the Buffalo History Museum building located at 1 Museum Ct., in the City. The estimated total cost of
said specific object or purpose for which the bonds authorized by this resolution are to be issued,including preliminary costs and costs
incidental thereto and the financing thereof, is$110,000 as set forth in the duly adopted 2016 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,"Buffalo History Museum-2016", 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$110,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The existing building is of Class"B"construction as defined by Section 11.00 a. 11.(b)of the Law,and the period of probable
usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the
limitations of Section 11.00 a. 12.(a)(2)of the Law,is fifteen(15)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.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.263
BY: RICHARD A.FONTANA
BOND RESOLUTION
CITY HALL IMPROVEMENTS
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$2,354,958 General Improvement Bonds of said City to
finance the cost of partial reconstruction of City Hall at 65 Niagara Square,at the estimated total cost of$2,354,958.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less
than two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Two Million Three Hundred Fifty-Four Thousand Nine Hundred Fitly-Eight
Dollars($2,354,958),pursuant to the provisions of the Charter of said City and the Local Finance Law,constituting Chapter 33-a of the
Consolidated Laws of the State of New York(the"Law"),to finance the cost of partial reconstruction of City Hall at 65 Niagara Square,
including complete roof system replacement,complete restoration of skylight system above Council chambers,high rise elevator
rehabilitation at four existing high rise elevators,ceiling restoration at Council chambers,public toilet room upgrades,upgrades to
building domestic water plumbing system,upgrades to ventilation in basement cafeteria,security system upgrades,exterior stair
restoration and hazardous material abatement.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$2,354,958 as set
forth in the duly adopted 2016 Capital Improvements Budget of said City,as amended.
Section 2.The proceeds of the sale of the bonds authorized by this resolution,or any bond anticipation notes issued in anticipation of
the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks&Streets,
Division of Buildings,"City Hall Improvements-2016", 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$2,354,958.Tins 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
NO.264
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$350,000 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$350,000.
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 Fifty Thousand
Dollars($350,000), 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 a partial roof replacement, boiler replacement, HVAC
rehabilitation and seating upgrades to Coca Cola Field located at 275 Washington Street in the City. 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 $350,000 as set forth in the duly adopted 2016 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 Bali Park(Coca Cola Field)Improvements-2016", 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$350,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1 A 50-2.
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 requited 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.265
BY: RICHARD A.FONTANA
BOND RESOLUTION
EAST DELAVAN LIBRARY IMPROVEMENTS
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$470,000 General Improvement Bonds of said City to
finance the cost of partial reconstruction of East Delavan Library building located at 1187 E. Delavan Avenue, at the estimated total
cost of$470,000.
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 Four Hundred Seventy Thousand Dollars($470,000),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 East Delavan Library building located at 1187 E. Delavan Avenue,
including 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,investigating,testing and addressing any
environmental hazards present.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$470,000 as set forth in the duly
adopted 2016 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,"East Delavan Library Improvements-2016", 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$470,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The existing building is of Class"B"construction as defined by Section 11.00 a. 11.(b)of the Law,and the period of probable
usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the
limitations of Section 11.00 a. 12.(a)(2)of the Law,is fifteen(15)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.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
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.266
BY: RICHARD A.FONTANA
BOND RESOLUTION
FIRE DEPARTMENT BUILDINGS
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$1,259,046 General Improvement Bonds of said City to
finance the cost of impr6vements for various Fire Department buildings in the City,at the estimated total cost of$1,259,046.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less
than two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Million Two Hundred Fifty-Nine Thousand Forty-Six Dollars
($1,259,046),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 to Fire Department buildings in the City:
Engine 22, Engine 28, Engine 35 and Engine 37,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,and where applicable investigating,testing,and addressing any environmental hazards present.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$1,259,046 as set forth in the duly adopted 2016 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 Department Buildings-2016", 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 proposes 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$1,259,046.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be
issued within the limitations of Section 11.00 a.90 of the Law,is ten(10)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.The faith and credit of said City are hereby irrevocably pledged for the punctual payment of
the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes.
Section 6.The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said
bonds may be contested only if:
(a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money,or
(b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied
with,
and an action,suit or proceeding contesting such validity,is commenced within twenty days after the date of such publication,
or
(c)Such obligations are authorized in violation of the provisions of the constitution.
Introduced:
REFERRED TO THE COMMITTEE ON FINANCE
NO.267
BY: RICHARD A.FONTANA
BOND RESOLUTION
LOVEJOY POOL IMPROVEMENTS
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$530,000 General Improvement Bonds of said City to
finance the cost of improvements to the Lovejoy pool facilities located at 1171 E. Lovejoy Street in the City,at the estimated total cost of
$530,000.
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 Thousand Dollars($530,000),pursuant—.o 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 to the Lovejoy pool facilities located at 1171 E. Lovejoy Street in the City,
including"interior and exterior structural reconstruction/rehabilitation,exterior shell rehabilitation,replacement of pool filtration system,
interior renovations/rehabilitation and all associated electrical,plumbing and HVAC rehabilitation.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$530,000 as set forth in the duly adopted 2016 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,"Lovejoy Pool Improvements-2016", Bond Authorization Account No.3000-32 and shall be used for the objects
or purposes specified in Section 1 of this resolution.
Section 3.The City intends to finance,on an interim basis,the costs or a portion of the costs of said object or purpose for which bonds
are herein authorized,which costs are reasonably expected to be incurred by the City,pursuant to this Bond Resolution,in the
maximum amount of$530,000.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$530,000 bonds herein authorized are to be
issued,within the limitations of§11.00 a.90 of the Law,is ten(10)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.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.268
BY: RICHARD A.FONTANA
BOND RESOLUTION
(
MAIN ANIMAL BUILDING
ROOF REPLACEMENT(SOUTH SIDE)
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 Main Animal 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-Seven 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 Main Animal House located at 300 Parkside Avenue in the City,
including architectural reconstruction of the roof system,masonry parapets,flashings,insulation,roof drain systems,and all
associated roof accessories.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$267,500 as set forth in the duly
adopted 2016 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,"Main Animal Building Roof Replacement(South Side)-2016", 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 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
NO.269
BY: RICHARD A.FONTANA
BOND RESOLUTION
MUSEUM OF SCIENCE FRONT
ENTRANCE RESTORATION
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$535,000 General Improvement Bonds of said City to
finance the cost of partial reconstruction of the Buffalo Museum of Science located at 1020 Humboldt Parkway,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")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
and structural demolition of the original existing deteriorated front entry plaza and grand stair,architectural,structural and electrical
construction of a new handicapped accessible grand stair and plaza,cataloguing of historic exterior lighting for reinstallation on the
stair and plaza,construction of a new public entryway at grade inside the former car-port/storage area to meet ADA requirements and
construction of a new public entryway at the first floor level to allow access to the main exhibit space.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$535,000 as set forth in the duly adopted 2016 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 Front Entrance Restoration-2016", 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$535,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The 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
NO.270
BY: RICHARD A.FONTANA
BOND RESOLUTION
NAVAL PARK HANGAR EXPANSION(PLANNING)
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$240,750 General Improvement Bonds of said City, to
finance the cost of planning expansion to the Naval Park Hangar Building located at 1 Navel Park Cove in the City, at the estimated
maximum cost of$240,750.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the total principal amount of Two Hundred Forty Thousand Seven Hundred Fifty Dollars($240,750),
pursuant to the provisions of the Charter of said City and the Local Finance Law,constituting Chapter 33-a of the Consolidated Laws of
the State of New York(the"Law"),to finance the cost of planning expansion to the Naval Park Hangar Building located at 1 Naval Park
Cove,in the City.The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be
issued,including preliminary costs and costs incidental thereto and the financing thereof,is$240,750 as set forth in the duly adopted
2016 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,"Naval Park Hangar Expansion(Planning)-2016", 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 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$240,750.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of
Treasury Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are
to be issued within the limitations of Section 11.00 a.62(2nd)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
NO.271
BY: RICHARD A.FONTANA
BOND RESOLUTION
NORTH BUFFALO ICE RINK ICE MAKING
EQUIPMENT
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$1,535,787 General Improvement Bonds of said City,to
finance the cost of acquisition of equipment for the North Buffalo Ice Rink located at 156 Tacoma Ave in the City, at the estimated
maximum cost of$1,535,787.
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 Five Hundred Thirty-Five Thousand Seven Hundred Eighty-
Seven Dollars($1,535,787),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 agreement between the City and North
Buffalo Bison Hockey Association, Inc.,to finance the cost of acquisition of equipment for the North Buffalo Ice Rink located at 156
Tacoma Ave in the City including ice refrigeration system replacement,under slab heating system replacement,ice slab concrete
replacement,rink ventilation system replacement,dehumidification system upgrades/replacement,new refrigerant leak detection
system for mechanical room and building automation system,associated architectural work,code required heating system,hot water
system,and control system upgrades.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$1,535,787 as set forth
in the duly adopted 2016 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,"North Buffalo Ice Rink Ice Making Equipment-2016", 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 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$1,535,787.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 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.272
BY: RICHARD A.FONTANA
BOND RESOLUTION
PARK BUILDING IMPROVEMENTS(VARIOUS)
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$540,350 General Improvement Bonds of said City to
finance the cost of improvements in various City parks,at the estimated total cost of$540,350.
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 Forty Thousand Three Hundred Fifty Dollars($540,350),
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 to the Parkside Lodge, Point of the Meadow Shelter House,
South Park Caddy House,and MLK Park Greenhouse Garage,which are various park buildings in the City.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$540,350 as set forth in the duly adopted 2016 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,"Park Building Improvements(Various)-2016", 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$540,350.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 Act 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.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.273
BY: RICHARD A.FONTANA
BOND RESOLUTION
BRODERICK PARK SEAWALL STUDY
ACCOUNT 3000-40
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$252,500 General Improvement Bonds of said City, to
finance the local share of the cost of planning rehabilitation of the Broderick Park Seawall in the City,at the estimated maximum cost of
$512,575, and authorizing $252,500 expected to be received from the United States of America and $7,575 current funds 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 Two Hundred Fifty-Two Thousand Five Hundred Dollars($252,500),
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(tire"Law"),to finance the local share cost of planning rehabilitation of the Broderick Park Seawall in the City.
The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued,including
preliminary costs and costs incidental thereto and the financing thereof,is$512,575 as set forth in the duly adopted 2016 Capital
Improvements Budget of said City,as amended.The Comptroller of the City is hereby further authorized to expend$252,500 expected
to be received from the United States of America and$7,575 current funds 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&Streets,
Division of Parks, Division of Engineering,"Broderick Park Seawall Study-2016", Bond Authorization Account No.3000-40,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$252,500.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of
Treasury Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are
to be issued within the limitations of Section 11.00 a.22(a)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.274
BY: RICHARD A.FONTANA
BOND RESOLUTION
LASALLE SEAWALL CONSTRUCTION
ACCOUNT 3000-40
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$1,448,000 General Improvement Bonds of said City,to
finance the local share of the cost of rehabilitation of the LaSalle Park Seawall in the City, at the estimated maximum cost of
$4,180,440, and authorizing $2,689,000 expected to be received from the United States of America and$43,440 current funds 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 Four Hundred Forty-Eight Thousand Dollars($1,448,000),
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 the LaSalle Park Seawall in the City,including
installation of concrete piling,grout injection of voids,drainage improvements and all other necessary and appurtenant work including
design and construction.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$4,180,440 as set forth in the
duly adopted 2016 Capital Improvements Budget of said City,as amended.The Comptroller of the City is hereby further authorized to
expend$2,689,000 expected to be received from the United States of America and$43,440 current funds 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&Streets,
Division of Parks, Division of Engineering,"LaSalle Seawall Construction-2016", Bond Authorization Account No.3000-40,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$1,448,000.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 bends authorized by this resolution are
to be issued within the limitations of Section 11.00 a.22(a)of the Law,is thirty(30)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.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.275
BY: RICHARD A.FONTANA
BOND RESOLUTION
PARK IMPROVEMENTS(VARIOUS)
ACCOUNT 3000-40
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$1,035,500 General Improvement Bonds of said City to
finance the cost of recreational area improvements to various City parks,at the estimated total cost of$1,035,500.
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 One Million Thirty-Five Thousand Five Hundred Dollars($1,035,500),
pursuant to the provisions of the Charter of said City and the Local Finance Law,constituting Chapter 33-a of the Consolidated Laws of
the State of New York(the"Law"),to finance the cost of recreational area improvements to various City parks,including study,design
and construction for infrastructure,amenity improvements,architectural,electrical,plumbing,and mechanical upgrades,landscaping,
site improvements,security upgrades and purchase of equipment.The estimated total cost of said class of objects or purposes for
which the bonds authorized by this resolution are to be issued,including preliminary costs and costs incidental thereto and the
financing thereof,is$1,035,500 as set forth in the duly adopted 2016 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,"Park Improvements(Various)-2016", 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$1,035,500.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 class of objects or purposes which the bonds authorized by this resolution are
to be issued,within the limitations of Section 11.00 a. 19(c)of the Local Finance Law,is fifteen(15)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.The faith and credit of said City are hereby irrevocably pledged for the punctual payment of
the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the amortization and redemption of said bonds and said 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.276
BY: RICHARD A.FONTANA
BOND RESOLUTION
TREE REMOVALS&PLANTINGS(VARIOUS)ACCOUNT 3000-40
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$600,000 General Improvement Bonds of said City to
finance the cost of removal of dead or diseased trees and the planting of new trees located in various locations in the City, at the
estimated total cost of$600,000.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less
than two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Six Hundred Thousand Dollars($600,000),pursuant to the provisions of the
Charter of said City,and the Local Finance Law,constituting Chapter 33-a of the Consolidated Laws of the State of New York(the
"Law"),to finance the cost of removal of dead or diseased trees and the planting of new trees located in various locations in the City.
The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing thereof,is$600,000 as set forth in the duly adopted 2016
Capital Improvements Budget of said City,as amended.
Section 2.The proceeds of the sale of the bonds authorized by this resolution,or any bond anticipation notes issued in anticipation of
the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks&Streets,
Division of Parks,"Tree Removals&Plantings(Various)-2016", Bond Authorization Account No.3000-40 and shall be used for the
class of objects or purposes specified in Section 1 of this resolution.
Section 3.The City intends to finance,on an interim basis,the costs or a portion of the costs of said 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$600,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of
Treasury Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are
to be issued,within the limitations of Section 11.00 a.57(Po of the Local Finance Law,is five(5)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.The faith and credit of said City are hereby irrevocably pledged for 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.277
BY: RICHARD A.FONTANA
BOND RESOLUTION
DILAPIDATED STRUCTURES DEMOLITION
ACCOUNT 3000-65
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$2,000,000 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$2,000,000.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Two Million Dollars($2,000,000),pursuant to the provisions of the Charter
of said City and the Local Finance Law,constituting Chapter 33-a of the Consolidated Laws of the State of New York(the"Law"),to
finance the cost of 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$2,000,000 as set forth in the duly adopted 2016 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,
"Dilapidated Structures Demolition-2016", 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$2,000,000.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness for the objects or purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a.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
(a)
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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.278
BY: RICHARD A.FONTANA
BOND RESOLUTION
AUGSPURGER PARKING RAMP IMPROVEMENTS
ACCOUNT 3000-1404
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$1,200,265 General Improvement Bonds of said City to
finance the cost of improvements to Augspurger Parking Ramp located at 362 Pearl Street in the City,at the estimated total cost of
$1,200,265.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Million Two Hundred Thousand Two Hundred Sixty-Five Dollars
($1,200,265),pursuant to the provisions of the Charter of said City and the Local Finance Law,constituting Chapter 33-a of the
Consolidated Laws of the State of New York(the"Law"),to finance the cost of improvements to Augspurger Parking Ramp located at
362 Pearl Street in the City,including design,construction administration services,asphalt removal,concrete deck repairs,deck
waterproofing,expansion joint and seal replacements and drainage repairs.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$1,200,265 as set forth in the duly adopted 2016 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 Parking,"Augspurger Parking
Ramp Improvements-2016", Bond Authorization Account No.3000-1404 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$1,200,265.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this Act 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.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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.279
BY: RICHARD A.FONTANA
BOND RESOLUTION
FERNBACH PARKING RAMP IMPROVEMENTS
ACCOUNT 3000-1404
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$1,343,600 General Improvement Bonds of said City to
finance the cost of improvements to Fernbach Parking Ramp located at 200 Pearl Street in the City,at the estimated total cost of
$1,343,600.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Million Three Hundred Forty Three Thousand Six Hundred Dollars
($1,343,600),pursuant to the provisions of the Charter of said City and the Local Finance Law,constituting Chapter 33-a of the
Consolidated Laws of the State of New York(the"Law"),to finance the cost of improvements to Fernbach Parking Ramp located at
200 Pearl Street in the City,including removal of existing control systems,new microprocessor controllers and transformers,removing
existing hoisting equipment,provide traction hoisting machines,hoist ropes and emergency brakes,removing existing cabs,platforms
and car frames,provide new cabs and platforms,replace/refurbish landing door panels,new sump pumps,fire alarms,new lighting
fixtures,removal and reinstallation of the mechanical,electrical and HVAC equipment.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$1,343,600 as set forth in the duly adopted 2016 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 Parking,"Fernbach Parking
Ramp Improvements-2016", Bond Authorization Account No.3000-1404 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$1,343,600.This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4.The following additional matters are hereby determined and stated:
(a)The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this Act are to be
issued,within the limitations of Section 11.00 a.90 of the Law,is ten(10)years.
(b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance-with Section 107.00 d.9.of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law.Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City.The faith and credit of said City are hereby irrevocably pledged for the punctual payment of
the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes(a)
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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.280
BY: RICHARD A.FONTANA
BOND RESOLUTION
TURNER PARKING RAMP IMPROVEMENTS
ACCOUNT 3000-1404
Bond Resolution of the City of Buffalo, New York,authorizing the issuance of$1,844,260 General Improvement Bonds of said City to
finance the cost of improvements to Turner Parking Ramp located at 1 Perkins Drive in the City,at the estimated total cost of
$1,844,260.
The Common Council of the City of Buffalo,in the County of Erie, New York,hereby resolves(by the favorable vote of not less than
two-thirds of all the members of said Common Council)as follows:
Section 1.The Comptroller of the City of Buffalo,in the County of Erie, New York,is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Million Eight Hundred Forty-Four Thousand Two Hundred Sixty Dollars
($1,844,260),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 to Turner Parking Ramp located at 1
Perkins Drive in the City including design,construction administration services,post tension supplementation,asphalt removal,
concrete deck repairs,guard rail replacement,deck waterproofing,facade repairs and drainage repairs.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$1,844,260 as set forth in the duly adopted 2016 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 Parking,"Turner Parking
Ramp Improvements-2016", Bond Authorization Account No.3000-1404 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$1,844,260.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 Act 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.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.
REFERRED TO THE COMMITTEE ON FINANCE
NO.281
BY: MESSERS FONTANA,SCANLON,WINGO,SR.,WYATT,PRIDGEN,GOLOMBEK,RIVERA
REQUEST OF STATE TO CRACK DOWN ON ILLEGAL SALES OF LOOSE CIGARETTES,
DRUG PARAPHERNALIA AND OTHER ILLEGAL MATERIALS IN LOCAL FOOD STORES
Whereas: During the turn of the century the Common Council found it necessary to require corner store dell establishments to be
licensed by the City of Buffalo;and
Whereas:The licensing of food store delis has given the Council some ability to regulate the industry;and
Whereas:Years later,some neighborhood food stores continue to cause concerns among residents;and
Whereas:The genesis of these concerns revolves around the sale of loose cigarettes(or"loosies"),drug paraphernalia,stolen
merchandise, EBT card fraud,and other illegal activities;and
Whereas:The few stores that engage in these detrimental activities place an unfair burden on the law abiding stores;and
Whereas:Current laws resulting in fines for the sale of loose cigarettes and other license violations have not stopped the proliferation
of illegal practices.
Therefore, Be It Resolved:
The Common Council of the City of Buffalo requests the Western New York Delegation to examine measures to penalize food store
licensees that violate State laws;and
Be It Further Resolved:
That these penalties include the forfeiture of State Liquor Licenses,State Lottery Licenses,and other applicable licenses based on a
License holder's selling of loose cigarettes,drugs,drug paraphernalia,and the willful commission of EBT fraud.
Be It Finally Resolved:
That copies of this resolution be sent to the members of the Western New York Delegation.
ADOPTED
NO.282
BY: MR.FONTANA,MR.RIVERA
STRATEGIES TO COMBAT OWNER-OCCUPIED DRUG HAVENS
Whereas:The proliferation of the sale and use of illegal drugs has become a primary threat to the safety and well-being of the
communities and residents of the City of Buffalo;and
Whereas: Drug dealers typically set up shop out of rental apartments,giving the City of Buffalo and the Buffalo Police recourse to
combat illegal activity by petitioning the property owner to evict the tenants via the New York State Bawdy House Law;and
Whereas: In some instances the perpetrators of illegal drug activity are the owner-occupants of their properties who cannot be evicted
from their homes;and
Whereas:There are three examples of such properties in the Lovejoy District at 1533 Bailey Avenue,389 Gold Street,and 121
Benzinger Street;and
Whereas:The owner-occupants of these properties have allowed them to become"flop houses,"havens for drug dealing,drug use,
and other illegal activities that are a major nuisance to the community and pose a severe threat to health and human life,as individuals
there have overdosed and/or died in certain cases;and
Whereas: Even if these drug havens are raided by the Police and the owner-occupants are arrested,they are most often able to return
to the property and continue operating it in such conditions unless they are charged and convicted of a felony that carries a
considerable jail sentence;and
Whereas:The unique combination of circumstances surrounding these owner-occupied properties makes them extremely detrimental
to the community and requires a pragmatic approach to eliminate the threat they pose.
Now,Therefore, Be It Resolved:
The City of Buffalo Common Council hereby requests the Department of Law and the Buffalo City Housing Court to investigate any
existing applicable laws or legal procedures that can be used to hold negligent owner-occupants accountable for the willful and
malicious operation of drug havens in the City of Buffalo,up to and including civil penalties akin to those imposed by the New York
State Bawdy House Law.
ADOPTED
NO.283
BY: MR.FONTANA
TRANSFER OF FUNDS-LEGISLATIVE
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:
10104001-411001 Councilmember Wingo—Salary $15,900
To:
10102001-412002 Legislative—Hourly $15,900
PASSED
AYES 9, NOES 0
NO.284
BY: MR.FONTANA
TRANSFER OF FUNDS-POLICE
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:
17306002-429005 Salary Adjustment $2,900,200
To:
12005001 -413001 Police-Overtime $2,554,000
12005006-434000 Police-Other Contractual Services $346,200
PASSED
AYES 9, NOES 0
NO.285
IN THE COMMON COUNCIL OF THE CITY OF BUFFALO,
ON JANUARY 22,2016
COUNCIL MEMBER FRANCZYK SUBMITTED THE FOLLOWING RESOLUTION
HISTORIC MARKER AT 448 DELAWARE
Whereas,The City of Buffalo is world-renown for its diverse architecture,which from neighborhood to neighborhood reflects the unique
character The City has had throughout WNY history;
Whereas,at 448 Delaware Avenue, Robert Borthwick Adam,founder of Buffalo's famed retailer Adam,Meldrum,&Anderson,had a
mansion built circa 1876 that has since come to represent an era of wealth and prominence for The City;
Whereas,in 1998,TRM Architect,founded by Thomas Robert Moscati,AIA(1936-2015)purchased The Adam House and renovated
the property;
Whereas,over the years,the mansion has been adapted for various businesses and office space,keeping the property active and
maintaining its status amongst the famed properties of one of Buffalo's finest thoroughfares;
Whereas:in 9002,TRM Architect founder Thomas Moscati and his son Christopher were recognized and honored by Buffalo
Preservation Board and Mayor Masiello for their work designing and rehabilitating significant properties that promote the region's
architectural heritage;
Whereas,to this day,The Adam House stands as some of their best renovation work and as a symbol of the great prosperity seen in
The City during the 19`h and 20th centuries;and
Whereas:it is fitting to pay homage to the work of TRM Architect at 448 Delaware,and publically recognize the significance of this
property,which is listed in the National Register of Historic Places,with permanent signage in the Allentown neighborhood:
Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
1)Approves the installation of an historical marker,subject to design specifications set forth by Buffalo Planning Board,in front of 448
Delaware Ave., Buffalo, NY 14202,that will,pending verification of historical accuracy,bear the following text:
"Adam House,448 Delaware Avenue"
This brick and stone mansion was built circa 1876 for Robert Borthwick Adam(1833-1904),founder of Buffalo's famed retailer Adam,
Meldrum&Anderson.One of many distinguished homes erected in the late 19th and early 20th centuries on Buffalo's finest
thoroughfare,it showcased Adam's wealth and prominence in society.After Adam's death,the mansion was used as a funeral home
and later adapted for office space.The Adam House is listed in the National Register of Historic Places as Part of the Allentown
Historic Preservation District.
TRM Architect
The Adam House was purchased in 1998 and renovated through the efforts of TRM Architect,founded and inspired by,Thomas
Robert Moscati,AIA(1936-2015). In its first 30 years,TRM,with key staff Larry Beck,AIA, Robert Dollman,AIA, David Doyle,Jolanta
Horton,and others designed schools,supermarkets,museums,restaurants,and more throughout WNY and beyond. In 2002,Thomas
and his son,Christopher Thomas Moscati
(1975-2015)were honored by the Buffalo Preservation Board and Mayor Masiello for their preservation of the Adam House and
promoting the region's architectural heritage,";and
2)Directs Council Staff to forward copies of this resolution to The City of Buffalo Department of Public Works, Planning Board,and
Preservation Board.
PASSED
AYES 9, NOES 0
NO.286
BY: MR.GOLOMBEK
ORDINANCE AMENDMENT
CHAPTER 437.TAXICABS,LIVERIES AND SIGHTSEEING BUSES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 437 of the Code of the City of Buffalo be amended to read as follows:
Chapter 437 TAXICABS, LIVERIES AND SIGHTSEEING BUSES
§437-1. Findings and limitation on number of taxicab licenses.
A. It is hereby found and declared that the taxicab business in the City of Buffalo provides an important part of the transportation
facilities of said City and the service rendered by said business is a matter of public concern and interest.
B.A study and survey of the business points to the conclusion that the public cannot properly be served and the business itself cannot
operate in an orderly and appropriate manner without regulation of the business and the limitation by the City of the number of taxicabs
using the streets.
C.Taxicabs now in use and licensed are operated principally by fleet owners and by owners of single or comparatively few taxicabs.To
preserve an equitable ratio of taxicabs operated by the two classes of owners and to prevent a monopoly of the business by a limited
number of owners,the number of licenses which may be issued is hereby fixed as follows:maximum total fleet available is[325]525
taxicabs.
D. If a fleet operator sells any of his licensed taxicabs to an individual operator,the number of licensed taxicabs assigned hereinbefore
to fleet operators shall be deemed reduced accordingly and the number of licensed taxicabs hereinbefore assigned to individual
operators shall be increased accordingly. However,no such sale shall be permitted unless such sale is recommended by the
Commissioner of Permit and Inspection Services and approved by the Common Council.
§437-2. Findings and limitation on number of livery licenses.
A. It is hereby found and declared that the livery business in the City of Buffalo provides an important part of the transportation facilities
of said City and the service rendered by said business is a matter of public concern and interest.
B.Months of discussions,public hearings and investigation lead to the conclusion that the operation of liveries must be regulated to
protect the interests of the public.To enable both livery and taxicab businesses to operate in an orderly manner,there must be a
limitation by the City of the number of livery cars using the City streets.The number of livery licenses in effect at any one time shall not
exceed 325.
C. Liveries are principally owned by fleet owners and by owners of single or comparatively few livery cars.To maintain an equitable ratio
of liveries operated by the two classes of owners and to prevent a monopoly of the business by a limited number of owners,the number
of licenses which may be issued is hereby fixed as follows:maximum total fleet available is 325 livery cars.
D. If a fleet operator sells any of his licensed liveries to an individual operator,the number of licensed liveries assigned hereinbefore to
fleet operators shall be deemed reduced accordingly and the number of licensed liveries hereinbefore assigned to individual operators
shall be increased accordingly. However,no such sale shall be permitted unless such sale is recommended by the Commissioner of
Permit and Inspection Services and approved by the Common Council.
§437-3. Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Police of the City of Buffalo.
DISPATCHER
An individual or individuals who operate pursuant to federal law governing communications on two-way radios and dispatch various
liveries and/or taxicabs to locations pursuant to requests by potential passengers.
DRIVER
A person licensed to drive a taxicab or livery in the City of Buffalo.
FLEET OPERATOR
A person,firm or corporation owning and operating five or more taxicabs or liveries.
INDIVIDUAL OPERATOR
A person,firm or corporation owning and operating fewer than five taxicabs or liveries.
LIVERY
A passenger automobile with an interior seating capacity for seven or fewer passengers which transports fares for hire. However,a
livery service shall not secure business by cruising the streets or by soliciting fares in public places.A"livery"may have the word
"livery"and the name of the owner or company on the vehicle.A"livery"shall not,however,have placed upon it a dome light or other
lights located on the roof of the vehicle or the words"taxi,""taxicab"or words of similar import or any other distinctive or unusual
equipment,device,design,color,numbers or lettering liable to deceive the public that such a vehicle is a taxicab.
OWNER
Includes any person,firm,corporation or association owning and operating one or more taxicabs or liveries.
OWNER DRIVER
A person who owns a taxicab or livery and drives his own vehicle exclusively.
PERSON
Includes individuals,firms and corporations.
SIGHTSEEING BUS
A motor vehicle used to provide a guide service or tour which seats eight or more passengers,operating for hire by an individual or
group at a fixed price on a fixed route in the City of Buffalo to a place or places of interest within the City of Buffalo.
SIGHTSEEING DRIVER
Any individual whose function is to drive a sightseeing bus as herein defined within Chapter 437 for the purpose of providing a guide
service or tour.
TAXICAB
A passenger automobile with a seating capacity in the interior thereof for seven or fewer passengers,operated for the purpose of
transporting persons for hire from points of origin within the City of Buffalo which either:cruises the streets of the City of Buffalo for the
purpose of securing passengers;or receives calls from individuals or from dispatchers for the purpose of transporting passengers for
hire;or is parked in a space as provided for in§437-19 of this chapter.
TAXIMETER
A mechanical instrument or device by which the charge for hire of a taxicab or livery may be mechanically calculated either for the
distance traveled or waiting time,or both,and upon which such charge is indicated by means of figures.
§437-4. License required.
No person shall use any motor vehicle in the conduct of a taxicab or livery business unless a license therefor issued by the
Commissioner of Permit and Inspection Services is in full force and effect.
§437-4.1. License required for use of vehicle for sightseeing service.
No person shall use any motor vehicle in the conduct of a sightseeing service unless a license therefor issued by the Commissioner of
Permit and Inspection Services is in full force and effect.
§437-5.Taximeter required.
No taxicab or livery shall be licensed unless the same is equipped with a taximeter of approved design and in good working order.
§437-6. License application and issuance;conditions.
A.Application for a taxicab or livery license shall be made to the Commissioner of Permit and Inspection Services by the owner,in
writing,duly sworn to,upon forms to be furnished by the Commissioner of Permit and Inspection Services,and shall show the owner's
name and address,the motor number and make of the vehicle,the year manufactured,the New York State license number attached
thereto,the size of the tires used and the make,type and number or other descriptive designation of the taximeter,together with an
accurate and complete statement of the color of said taxicab or livery and,if more than one color,a description of the color design
thereof.An application for a livery license shall indicate if said vehicle operates through a dispatcher and,if so,the identification of said
dispatcher service.The Commissioner of Permit and Inspection Services may require such further information as he deems
necessary.
B.The Commissioner of Permit and Inspection Services shall cause the motor vehicle described in the application to be inspected and
the taximeter attached thereto to be tested. If the motor vehicle is found to be clean and in proper condition for the safe transportation of
passengers and the taximeter attached thereto,upon test,is found to register correctly,the Commissioner of Permit and Inspection
Services shall issue a license for such vehicle,and the taximeter attached thereto shall be sealed.The owner of any licensed taxicab or
livery shall securely affix to such licensed taxicab or livery on the outside thereof at the rear of the vehicle,in a conspicuous place,a
metal plate,showing the number assigned to such taxicab or livery.The licensing of such vehicle should be subject,however,to the
following conditions:
(1)
If it shall appear that the color design stated in the application for the license of any taxicab or livery,if said taxicab or livery is of more
than one color,or if it appears at any time,upon inspection of any taxicab or livery,that the color design thereof is so similar to the color
design of other taxicabs or liveries as to be liable to deceive the public,then the Commissioner of Permit and Inspection Services is
authorized to withhold a license to said applicant or to revoke or suspend the license thereof until the color design of said taxicab or
livery has been changed or altered so as not to resemble the color design of any other taxicab or livery operated under separate
ownership and so as not to deceive the public.Any applicant for a license for a taxicab or livery of more than one color shall be entitled
to use the color design thereof,provided that such applicant establishes to the satisfaction of the Commissioner of Permit and
Inspection Services that such applicant was using said color design upon his taxicab or livery at the time of the enactment of this
chapter and was the first to continuously use said design in the City of Buffalo or,in case of a new design,that the same is not being
used by any taxicab or livery owner.After being licensed,no color design of any taxicab or livery shall be changed without the written
approval of the Commissioner of Permit and Inspection Services.
(2)
An owner who drives his own cab or livery exclusively may place the words"owner driver"on the outside of the front doors thereof
immediately below the windows in letters contrasting strongly with the color of the vehicle,not less than two inches high. However,
taxicabs or liveries so marked must be operated by no one other than the licensed owner,under penalty of having the license
suspended or revoked.
(3)
No person shall drive or operate upon the streets of the City any passenger automobile with a seating capacity in the interior thereof for
seven or fewer passengers and registered as an omnibus by the State of New York,while such vehicle has a taximeter or unusual or
distinctive equipment,device,design,color,numbers or lettering liable to deceive the public that such vehicle is a licensed taxicab or
livery as above provided,unless such vehicle is duly licensed under this section.A livery shall not have a dome light or other lights
located on the roof of the vehicle or the words"taxi,""taxicab"or words of similar import on the vehicle.
(4)
The mileage rates fixed by this chapter shall be displayed on each taxicab and livery so as to be readily visible to passengers entering
the vehicle.The rates shall be painted in a contrasting color on both rear doors of all licensed taxicabs and liveries in letters and figures
which shall be not less than 3/8 of an inch in height.
(5)
Advertising.
(a)A taxicab or livery may have illuminated advertising billboards,placards or similar devices,no larger than 18 inches high by four feet
six inches long,attached securely to the roof or trunk of the vehicle,not to exceed the length or width of such roof or trunk.The
advertising displayed upon livery vehicles shall not include the words"taxi"or"taxicab"or words of similar import.
(b)Unless specifically prohibited by any rule or regulation of the New York State Vehicle and Traffic Law,advertising wheel hubcaps
no larger than 17 inches in diameter,attached to the wheel hub,may be utilized for advertising purposes as limited herein.Such wheel
hubcaps may be illuminated by a nonblinking light that is removable by the taxi driver.Such advertising may only be used for a trial
period of 45 days from the ratification of this section.After such time,such advertising shall be prohibited in the absence of a further
amendment to this section.
(6)
Effective May 1,2007,the maximum allowable vehicle age in order to obtain a taxicab and/or livery vehicle license shall be fifteen
model-year age from the most current licensing year.
(7)
Effective May 1,2008,the maximum allowable vehicle age in order to obtain a taxicab and/or livery vehicle license shall be twelve
model-year age from the most current licensing year.
(8)
Effective May 1,2009,the maximum allowable vehicle age in order to obtain a taxicab and/or livery vehicle license shall be ten model-
year age from the most current licensing year.
C. No person shall be denied[entitled to or receive]a license for a taxicab or livery by reason of having been previously convicted of
one or more criminal offenses,or by reason of a finding of lack of good moral character when such reason is based upon the fact that
the applicant has previously been convicted of one or more criminal offenses,unless:(a)there is a direct relationship between one or
more of the previous criminal offenses and the personal transportation for hire industry;or(b)the issuance of the license would involve
an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
D.Application for a sightseeing bus license shall be made to the Commissioner of Permit and Inspection Services by the owner,in
writing,duly sworn to,upon forms to be furnished by the Commissioner of Permit and Inspection Services,and shall show the owner's
name and address,the motor number and make of the vehicle,the year manufactured,and the New York State license number
attached thereto.The Commissioner of Permit and Inspection Services may require such further information as he deems necessary.
(1)
The owner of any licensed sightseeing bus shall securely affix to such licensed sightseeing bus on the outside thereof at the rear of the
vehicle,in a conspicuous place,a metal plate,showing the number assigned to such sightseeing bus.
§437-7. Partitions.
The City of Buffalo recognizes the value of partitions placed between the front and rear seats of taxicabs and liveries for hire and
encourages the use of the same. In the event that said partitions are used within the City,the following rules regarding construction,
design and placement shall control:
A.Said partition shall be framed totally with metal,which frame shall be firmly secured to the center post on each side of the vehicle so
that not more than two inches of space remains between the center post and frame nor more than two inches between the frame and
the roof. In addition to the above,the space between the seat and center post,extending from the top of the seat to the floor on the
driver's side of the vehicle,is to be covered by a shatterproof substance in such a fashion as to prevent a passenger from reaching the
driver of said taxicab or livery.
B.Said partition shall be constructed of an optically clear,shatterproof substance and designed in a way which will afford the driver
complete rearview vision.
C.Said partition shall also be so designed so that the driver can collect fares without leaving the vehicle.
D.Said partition shall also be installed so as not to cause any added reflections.
E.All edges or parts of said partition are to be smooth to afford maximum safeguards to passengers.
§437-8. Renewal and surrender of license.
A.The holder of a taxicab or livery license shall be permitted to renew the same annually,provided that all ordinance provisions relating
thereto are complied with arid the application for such renewal is filed with the Commissioner of Permit and Inspection Services not
later than May 1 of each year.The motor vehicle to be used must be presented for inspection as provided in§437-7 of this chapter. If
the application for renewal is not made within said time,the holder will be deemed to have abandoned said license,and a license in
place thereof may be issued to another applicant as hereinafter provided.
B.The holder of a taxicab or livery license may voluntarily surrender the same to the Commissioner of Permit and Inspection Services
at any time.
C. If a taxicab or livery license issued to a fleet operator is abandoned or surrendered by the holder or revoked by the Commissioner of
Permit and Inspection Services,a license in place thereof may be issued only to a fleet operator,except as hereinafter provided;and,
similarly,if a taxicab or livery license issued to an individual operator is abandoned or surrendered by the holder or revoked by the
Director of Licenses and Permits,a license in place thereof may be issued only to an individual operator whose total taxicab or livery
licenses will not be increased to more than four thereby or to a new applicant who will be an individual operator.
D. In case of the disuse for a taxicab or livery purposes of any licensed taxicab or livery,the holder of the license may have the same
transferred to another vehicle with the approval of the Commissioner of Permit and Inspection Services and the payment of a transfer
fee as provided in Chapter 175, Fees.
E.A fleet operator,any of whose taxicab or livery licenses are abandoned,surrendered or revoked so that the number of his licenses
remaining in force are less than five in number,shall thereupon become an individual operator.Any person not now holding a taxicab or
livery license desiring to secure a license may annually register his name for such purpose with the Commissioner of Permit and
Inspection Services upon payment of a registration fee as provided in Chapter 175, Fees.
F.A taxicab or livery license may be issued to the applicants so registered in the order of registration in place of any license which is
abandoned,surrendered or revoked;and in case two or more such persons were registered on the same day,such licenses shall be
awarded to them by lot;provided,however,that the total number of taxicab or livery licenses held by fleet operators shall not be
increased by such award,ha case of the sale of a licensed taxicab or livery,the license therefor may be transferred to the new owner if
he complies with all ordinance requirements and the number of taxicab or livery licenses held by fleet operators is not increased
thereby.
G.The holder of a taxicab or livery license shall be permitted to renew the same annually,provided that all ordinance provisions relating
thereto are complied with and the application for such renewal is filed with the Commissioner of Permit and Inspection Services not
later than May 1 of each year.
§437-9. Driver's license;record of trips;identification on cards.
A.Any person who desires to act as a driver of a taxicab or livery shall make written application to the Commissioner of Permit and
Inspection Services for a taxicab or livery driver's license,furnishing in such application the information required by the Commissioner
of Permit mad Inspection Services,including but not limited to the person's correct address,phone number and proof of motor vehicle
liability insurance coverage currently in effect and in the amounts
prescribed by New York State for omnibus vehicles.Any change in the information provided must be reported to the Commissioner of
Permit and Inspection Services within 10 days after the change occurs.Any person applying for a taxicab or livery driver's license must
hold a valid chauffeur's license issued by the State of New York and must reside within the County of Erie.The Commissioner of
Permit and Inspection Services shall issue to each licensed taxicab or livery driver a badge showing the number assigned to such
driver;and the badge,conspicuously displayed,shall be worn by such driver at all times when on duty.Such badge shall remain the
property of the City of Buffalo and shall be surrendered upon the expiration or revocation of the driver's license.
B. Each driver's license shall provide a space wherein the Department of Police shall enter a record of all accidents of any nature and
retain a record thereof.Such record shall be given consideration in relation to the renewal,suspension or revocation of the driver's
license.The erasure or obliteration of any official entry relating to accidents made upon a driver's license shall be sufficient cause for
suspension or revocation of such license.
C. It shall be the duty of each driver to keep a record,upon forms approved by the Commissioner of Permit and Inspection Services,of
all trips made and to file the same with the owner of the taxicab or livery,and such record shall be preserved for at least 60 days.
D.At the time of the issuance of the driver's license herein provided for,the Commissioner of Permit and Inspection Services shall
issue to each licensed driver an identification card containing the driver's license number and his name and address and shall provide
space for a small photograph of said licensed driver.Said driver shall provide the Commissioner of Permit and Inspection Services with
two copies of said small photograph,one to be affixed to said identification card.Said identification card shall be carried in a suitable
frame furnished by the City through the Department of Permit and Inspection Services and shall be hung in the passenger
compartment in the rear of the taxicab or livery,together with a card showing the rates of fare,at all times while said driver is on duty.
Said identification card and rate card shall be visible to any passenger riding in said vehicle,shall be so placed as to be readable by
any passenger and shall have light shining on the same at night.The kind and size of said cards,the writing thereon and the placing
and illumination of said cards shall be approved by the Commissioner of Permit and Inspection Services.
E.Any person who desires to act as a driver of a sightseeing bus shall make written application to the Commissioner of Permit and
Inspection Services for a sightseeing bus driver's license,furnishing in such application the information required by the Commissioner
of Permit and Inspection Services,including but not limited to the person's correct address,phone number and proof of motor vehicle
liability insurance coverage currently in effect and in the amounts prescribed by New York State for omnibus vehicles.Any change in
the information provided must be reported to the Commissioner of Permit and Inspection Services within 10 days after the change
occurs.Any person applying for a sightseeing bus driver's license must hold a valid chauffeur's license issued by the State of New
York and must reside within the County of Erie.The Commissioner of Permit and Inspection Services shall issue to each licensed
sightseeing bus driver a badge showing the number assigned to such driver;and the badge,conspicuously displayed,shall be worn by
such driver at all times when on duty.Such badge shall remain the property of the City of Buffalo and shall be surrendered upon the
expiration or revocation of the driver's license.
F.At the time of the issuance of the driver's license herein provided for,the Commissioner of Permit and Inspection Services shall
issue to each licensed driver an identification card containing the driver's license number and his name and address and shall provide
space for a small photograph of said licensed driver.Said driver shall provide the Commissioner of Permit and Inspection Services with
two copies of said small photograph,one to be affixed to said identification card.Said identification card shall be carried in a suitable
frame furnished by the City through the Department of Permit and Inspection Services and shall be hung in the passenger
compartment in the rear of the sightseeing bus,together with a card showing the fixed rates of fare,at all times while said driver is on
duty.Said identification card and fixed rate card shall be visible to any passenger riding in said vehicle and shall be so placed as to be
readable by any passenger.The kind and size of said cards,the writing thereon and the placing and illumination of said cards shall be
approved by the Commissioner of Permit and Inspection Services.
§437-10.Transferability of licenses.
No taxicab,livery or sightseeing driver's license shall be assigned from one person to another. No taxicab,livery or sightseeing bus
license shall be assigned from one person to another,and no plate attached to a taxicab,livery or sightseeing bus by the
Commissioner of Permit and Inspection Services shall be transferred from one vehicle to another except as otherwise herein permitted.
§437-11. Revocation and suspension of license.
Any license issued by the Commissioner of Permit and Inspection Services may be revoked or suspended by him for cause.
§437-12. Fees.
A.The fee for a taxicab license and for a taxicab driver's license,including identification card,shall be as provided in Chapter 175,
Fees.The fee for a livery license and for a livery driver's license,including identification card,shall be as provided in Chapter 175,
Fees.The fee for a sightseeing bus license and for a sightseeing bus driver's license,including identification card,shall be as provided
in Chapter 175, Fees. Each such license shall expire on the first day of May annually.
B.There shall also be paid to the City at the office of the Commissioner of Permit and Inspection Services,upon the issuance of a
duplicate identification card to replace a lost,stolen,destroyed or misplaced card,the sum as provided in Chapter 175, Fees.
C.All fees and moneys received by the Commissioner of Permit and Inspection Services shall be transmitted to the office of the
Director of the Treasury of the City for deposit therein in accordance with regulations established by the Comptroller.
§437-13.Taximeter.
A. No person shall use or permit to be used on any taxicab or livery a taximeter which shall be in such condition as to be more than 5%
incorrect to the prejudice of a passenger. No taximeter affixed to may taxicab or livery shall be operated from either rear wheel of such
vehicle. Between sunset and sunrise,the face of every taximeter shall be illuminated by a suitable light so arranged so as to throw a
continuous steady light thereon and render the figures on such taximeter readily discernible by any passenger. No person shall use or
permit to be used a taximeter on which the seal placed by the Director of Licenses and Permits has been broken nor unless its cover
and gears are intact.
B. It shall be unlawful to change the size of the front wheels or tires of a taxicab or livery or the gears operating the taximeter or to
change said instrument from one vehicle to another without a reinspection and approval of the Commissioner of Permit and Inspection
Services.
§437-14. Rates and charges.(Last amended 6-12-2007,effective 6-20-2007)
A. No person shall charge a greater sum for the use of a taxicab or livery than in accordance with the following rates:
(1)
Hourly rates:$24 per hour for one or more passengers.
(2)
Mileage rates:$2.30 for the first 1/6 mile or less;$0.40 for each additional 1/6 mile or less;$0.40 for each one minute of waiting time,
including time lost in traffic delays.
(3)
Hand baggage:free.
(4)
Trunks:$1 each.
(5)
Large boxes:$1 each.
B. No additional or extra charge shall be made for carrying more than one passenger,but all passengers up to the seating capacity of
the vehicle shall be carried for the same fare as that above prescribed for one passenger.
C. Upon demand,the driver of a taxicab or livery shall furnish to the passenger a receipt for the fare paid,showing the name and badge
number of the driver.
D.All disputes as to the lawful rate of fare shall be determined by the police officer in charge of the police station nearest to the place
where the dispute arises or occurs;and a failure to comply with such determination,provided that it be in accordance with the rate
herein fixed,shall be a violation of this chapter.
E.The rate charged in the City of Buffalo shall be subject to review and renewal by the Common Council after a period of one year
from the effective date of such rate change. During that one-year period,taxicab and livery service providers shall work with the
Common Council on improving the quality of service in the City of Buffalo.The amount of improvement and extent of cooperation by the
taxicab and livery service providers may be considered in the decision to renew the rate for an additional period of time.
F.The rate of fare for any sightseeing bus(including all charges)for each fixed route of said sightseeing bus shall be on file with the
Office of Licenses and shall be clearly displayed within each sightseeing bus.
§437-15. Reduced rates for senior citizens.
Upon producing certification issued by the Mayor's office as to senior citizen status,persons shall be entitled to a ten-percent reduction
in the amount of the fare.
§437-16. Excess rates prohibited.
No person shall charge,for taxicab or livery service,rates higher than the rates permitted by§437-14;any person who charges greater
rates than the rates so filed for taxicab or livery service in vehicles to which such advertised rates apply shall be guilty of a violation of
this chapter.
§437-17. Rates to be displayed.
A card indicating rates allowed to be charged by this chapter,printed in English,shall be furnished by the Commissioner of Permit and
Inspection Services and displayed in each taxicab or livery.Such cards,before being used,shall be approved,as to design and size of
type used,by the Commissioner of Permit and Inspection Services.
§437-18.Solicitation of passengers.
No taxicab driver shall solicit passengers on any street or taxicab stand at a greater distance than 20 feet from his taxicab.
§437-19.Taxi stands.
A.The following are hereby designated as places where taxicabs may stand while awaiting employment:
Name of Street Side Side Location and Number of Cabs
Restrictions
Allen North West of Main Street 1
Best Street North Gate No. 1 at Civic 9
Stadium,east of
Grape Street,30
Minutes only before
Closing of event
Best Street South Opposite Gate No.2 10
At Civic Stadium,between
Peach Street and entrance
To State Armory;30 minutes
Before closing of event
Broadway North Approximately 80 feet 5
East of the east curbline of
Gibson Street
Broadway South (Lafayette Square) 3
Starting at a point
Approximately 35 feet east
Of Main Street and 60 feet
East therefrom
Clinton Street
[Repealed 12-9-2003,effective
12-19-2003]
Clinton Street
[Repealed 7/22/2003,effective
8-4-2003]
Church Street South Between Shelton 12
Square and Pearl Street
Delaware Avenue North of Cary Street 3
Between hotel entrance
And Cary Street
Delaware Avenue East Nighttime stand,in
Parking Meter Stall Nos.
DE-307 and DE-309,south of
Entrance to Chez Ami Restaurant
Between 7:00 p.m.and 1:30 a.m.,
December 1 to March 15,and 7:00p.m,
To 3:00 a.m.,March 15 to December 12
Delaware Avenue East North of West Chippewa 2
[Added 7-25-2006, Street from 7:00 p.m.to
Effective 8-3-2006] 4:00 a.m.only
Delaware Avenue West North of Niagara Square 3
Delaware Avenue West Between a point 300 2
[Added 11-16-2004, feet south of North Street
Effective 11-24-2004] and a point 70 feet south therefrom
Dodge Street South Gate No.3,Civic 5
Stadium,between points
Opposite west property line of
298 Dodge Street and east
Property line of 304 Dodge Street;
30 minutes only before closing of event
Dodge Street South Between the west side
Of Gate No.3 at Civic
Stadium and Main street feed
line;for a period of 30 minutes
before closing of event
Dodge Street South Gate No.4,Civic 5
Stadium,between points
opposite east property line
of 332 Dodge Street and west
property line of 342 Dodge Street;
30 minutes only before closing of event
Eagle Street North East of Main Street 3
Ellicott Street
[Repealed 1-24-2008,
Effective 2-15-2008]
Ellicott Street West Between points 45 2
Feet north and 120 feet
North of Swan Street
Franklin Street East Between a point 210 3
Feet north of Court Street
And a point 60 feet south therefrom
(in existing"No Parking"
Zone during Convention
Center events only)
Franklin Street East North of West 3
[Added 7-25-2006, Chippewa Street from 7:00 p.m.
Effective 8-3-2006] to 4:00 a.m.only
Genesee Street North Mohawk Street to 4
Franklin Street
Genesee Street
[Repealed 3-22-2005;
Effective 4-1-2005]
Genesee Street South West of Main Street 3
Huron Street North West of Main Street 2
Jefferson Avenue East 100 feet north of 2
Eagle Street and
extending 40 feet north therefrom
Jefferson Avenue East 125 feet south of East 2
Ferry Street and Extending
40 feet south therefrom
Jefferson Avenue West 125 feet north of 2
Florida Street and
Extending 40 feet north therefrom
Lafayette Square South East of Main Street
[Added 11-25-2003,
Effective 12-5-2003]
Lafayette Square
[Repealed 7-22-2003,
Effective 8-4-2003]
Lower Terrace South East of Pearl Street 5
And west of Lower
Terrace,Memorial Auditorium entrance
Lower Terrace South West of Pearl Street
In no-standing area,taxi feed line only
Main Street At No.621 Main Street 2
Main Street East Nighttime stand,in 3
Parking Meter Stall Nos.M-669,M-671 and M-673,
opposite the Greyhound Bus Terminal,between
7:00 p.m.and 1:30 a.m., December 1 to March 15,
and 7:00 p.m.to 3:00 a.m.,March 15 to December 1
Main Street West At Hotel Worth 1
Main Street West At foot of Main 4
Street opposite D.L.and W. Depot,cab terminus
Main Street West North of Main Street 5
Entrance to Memorial Auditorium
Main Street West South of Main Street 5
Entrance to Memorial Auditorium
Main Street West South of Seneca Street 1
Main Street West South of Utica Street2
Main Street West Between points 125 2
Feet north and 165 feet
North of West Seneca Street
Masten Avenue East Between East North
Street and Best Street feed
line only to Civic Stadium;for
period of 30 minutes before closing of event
Michigan Avenue East 110 feet south of 3
Broadway And extending
60 feet south therefrom
Mohawk Street North East of Main Street 1
Mohawk Street North Beginning at a point 3
25 feet west of Main
Street and 60 feet west therefrom
Mohawk Street South Genesee Street to 3
Franklin Street
Mohawk Street South West of Main Street 1
North Division Street North Between the 9
[Amended 1-24-2008, northeast corner of the
Effective 2-15-2008] intersection of Ellicott Street
and North Division Street and
the northwest corner of the
intersection of Oak Street and
North Division Street
North Division Street South East of Main Street 2
Pearl Street East Starting at a point 30 5
Feet north of Chippewa
Street and 105 feet north therefrom
Pearl Street[Added East Between a point 310 3
9-20-20015,effective feet north of West Chippewa
9-30-2005] Street(St. Lt.433)and a point
50 feet north therefrom
Pearl Street East From a point 55 feet 3
South of West Huron Street
To a point 125 feet south of
West Huron Street
Pearl Street West South of Lower Terrace 5
Pearl Street[Added West South of West Chippewa 2
7-25-2006,effective Street from 7:00 p.m.to 4:00 a.m.
8-3-2006] only
Pennsylvania Street North Just east of drive 5
Leading into Pennsylvania
Street entrance to Kleinhans
Music Hall,feed line only to
Kleinhans Music Hall;for a period
of 30 minutes before the closing of event
Perry Street North Between a point 75 6
[Added 11-16-2004, feet east of Washington
Effective 11-24-2004] Street and a point 120 feet
east therefrom
Prospect Avenue Between Porter 28
Avenue and Connecticut
Street as a feed line only
South Elmwood West South of Chippewa Street 3
Avenue
Swan Street South East of Washington Street 2
Walnut Street West South of William Street 6
Washington Street East North of Broadway, 2
Adjacent to Lafayette
Theatre
Washington Street East 50 feet south of Swan 2
Street
Washington Street West South of Swan Street 2
Washington Street Southeast corner 4
Water Street South West of Boat Ramp, 10
As feed line only
West Seneca Street South Between Main Street 3
[Added 9-4-2007, and a point 60 feet
Effective 9-27-2007] south therefrom
William Street North 20 feet west of Cedar 2
Street and extending
40 feet west therefrom
William Street South 20 feet east of 3
Monroe Street and
Extending 60 feet east therefrom
Windermere West South of Kenmore 2
Boulevard Avenue
B. No owner or operator of any taxicab shall occupy with such vehicle for the purpose of securing passengers any other place or stand
on any public Street or place than those above designated,except that radio-dispatched taxicabs,if not otherwise in violation of parking
or standing ordinances,may stand on such main thoroughfares as are listed in Chapter 479,§479-4,of the Code while awaiting
employment or further direction from the radio dispatcher of their employer;except that,to meet special conditions,the Commissioner
of Police is hereby authorized to designate additional places where taxicabs may stand while awaiting employment,but the use of such
stands shall be subject at all times to the orders of said Commissioner.
C. No owner or operator of any livery shall occupy with such vehicle for the purpose of securing passengers any area designated by
this section as a taxi stand nor any other place or stand on any public street;except that liveries,if not otherwise in violation of parking
or standing ordinances,may stand on such main thoroughfares as are listed in Chapter 479,§479-4,of the Code while awaiting
further direction from the radio dispatcher of their employer.
D. Nothing herein contained shall be construed as prohibiting the temporary occupation of any street in the vicinity of hotels,theaters
and places of public entertainment by any taxicab while actually engaged by one or more passengers;provided,however,that,in such
case,the vehicle and its operator shall be subject at all times to the orders of the police.
E. For the purpose of finding a vacant taxicab stand in which to await business or in proceeding to a definite location,a taxicab driver
shall proceed with the general flow of traffic and shall not obstruct traffic by slow driving or dilatory tactics and shall not,for said
purposes,frequently drive around substantially the same blocks or area. No taxicab driver shall resort to any practice or manner of
driving which unnecessarily will add to or tend to cause traffic congestion.
F. No owner or operator of any livery shall secure business by cruising the City streets or by soliciting fares in public places. In
proceeding to a definite location,a livery driver shall proceed with the general flow of traffic and shall not obstruct traffic by slow driving
or dilatory tactics and shall not frequently drive around substantially the same blocks or area. No livery driver shall resort to any practice
or manner of driving which unnecessarily will add to or tend to cause traffic congestion.
G.Where a taxicab stand is located in an area regulated by an ordinance prohibiting parking or standing during certain periods,no
operator of a taxicab or other vehicle shall permit the same to remain parked or standing in violation of such parking or standing
ordinances.
§437-20. Penalties for offenses.
A. Except as herein otherwise specifically provided,every person who shall in any manner violate any of the provisions of this chapter
or who shall charge,take or receive or attempt to charge,take or receive any greater rate or rates of fare or charges than those
prescribed by this chapter or who shall fail to do any act required by this chapter to be done by him shall be liable to a fine or penalty of
not more than$1,500 or to imprisonment for not more than 15 days,or to both such fine and imprisonment,for each offense.
B. In addition to the fines and penalties herein fixed,the Commissioner of Permit and Inspection Services may,for cause,revoke any
license issued hereunder,in accordance with the Charter of the City.
§437-21. Exceptions.
The provisions of this chapter shall have no application to vehicles while in use at funerals,christenings or weddings.
I.This Ordinance Amendment shall take effect once it is duly ratified pursuant to City Charter§3-19.
APPROVED AS TO FORM ONLY:
Timothy A. Ball
CORPORATION COUNSEL
NOTE:Matter underline is new,matter in brackets is to be deleted.
REFERREDTO THE COMMITTEE ON LEGISLATION
NO.287
BY COUNCIL PRESIDENT PRIDGEN
PROPERTY OWNER REQUESTED TO APPEAR
Whereas,Mohammed Kabir of 200 E.7th Street, Brooklyn, NY 11218 purchased 413 Sherman Street, Buffalo, NY for$1,000 at
auction in October of 2011;
the property currently has an extensive list of violations which include: exterior painting needed, roof covering, loose chimney, missing
mortar, damaged gutter system, roof drainage, windows and door disrepair, masonry walls and eaves have deteriorated, structural
components have not been maintained,the front staircase is in disrepair,and there are missing handrails,trash and debris;
Whereas,this property has a long record of housing court dates that include 10/10/13, 11/19/13, 1/16/14, 1/23/14,3/27/14,
6/19/14,8/21/14, 10/21/14 and 11/13/14;
Whereas,in addition to being a haven for rodents over the past three years,it is a known
fact that this property is a danger to the neighborhood and is being used for illegal activity;and
Whereas a sign with the owners name and address that was placed on the property was unanimously removed and I personally talked
with him on numerous occasions, in which he promised repairs, still as of today, no action has been taken to fix any of the violations
noted above: Now,Therefore Be It
Resolved that The City of Buffalo Common Council-
1) requests the appearance of the owner to appear before the Common Council's Community Development Committee on 2-t-16 to
explain what his intentions are for the property.
REFERRED TO THE COMMITTEE ON GOMMUNITY DEVELOPMENT.
NO.288
SPONSOR DAVID A RIVERA
ACCEPT DRAFT LOCAL WATERFRONT REVITALIZATION PLAN FOR NYS DEPARTMENT OF STATE REVIEW
Whereas,the City of Buffalo has initiated preparation of a Local Waterfront Revitalization Program(LWRP)in cooperation with the
New York State Department of State in accordance with the provisions of Executive Law,Article 42;and
Whereas,the LWRP will guide any future developments along Buffalo's waterfront;and
Whereas,this acceptance as a draft will allow for inter-agency review of the LWRP from State and Federal agencies;and
Whereas,the LWRP will remain in draft form until final adoption,which allows for general public to continue to comment on the plan;
and
Whereas,the Draft LWRP has been prepared under the guidance of the Mayor's Office of Strategic Planning,with consultant planning
assistance;and
Whereas,the Buffalo Common Council,as Lead Agency,prepared a Draft Generic Environmental Impact Statement to identify and
evaluate the potential impacts of adopting the final version of the LWRP,in accordance with the requirements of the State
Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the NYS Environmental Conservation
Law;
Now,Therefore, Be It Resolved that the Draft LWRP for the City of Buffalo is accepted by the Buffalo Common Council as complete
and ready for public review;and
Be It Further Resolved,the Draft LWRP shall be submitted to the NYS Department of State for review by state,federal,and regional
agencies pursuant to the provisions of Article 42 of the NYS Executive Law;and
Be It Finally Resolved,the Council directs the City Clerk to send a copy of the Draft LWRP to NYS Department of State.
ADOPTED
NO.289
SPONSORED BY:DAVID A.RIVERA
WAIVER OF FEES FOR"NEW YORK ARMY NATIONAL GUARD DRIVER'S TRAINING"
Whereas, New York Army National Guard will be holding a driver's training course for their soldiers;and
Whereas,the training course will be held on Friday, February 19`h-Sunday, February 21st located at Front Park;and
Now,Therefore, Be It Resolved,that the City of Buffalo Common Council approves the waiving of all fees associated with this event;
and
Be It Further Resolved,the City Clerk is directed to send a copy of this resolution to the Public Works, Parks&Streets Department
and the Mayor's Special Events Office.
PASSED
AYES-9 NOES-0
NO.290
BY: MR.WYATT
BUDGET AND PERSONNEL AMENDMENT
01-COMMON COUNCIL
1004-LEGISLATION
The Common Council of the City of Buffalo does ordain as follows
That this part of Section I of Chapter 35 of the City of Buffalo,relation to 01-Common Council, 1004-Legislation which currently reads
1 Legislative Assistant $45,893
is hereby amended to read
1 Legislative Aide $40,407
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 01 -Common Council, 1004-Legislation which currently
reads:
It is hereby certified,pursuant to Section 3-19 Ofthe Charter,that the immediate passage of the foregoing ordinance is necessary.
GERALD CHWALINSKI,CITY CLERK AND DONNA J. ESTRICH,COMMISSIONER 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.
PASSED
AYES-9 NOES-0
NO.291
BY MR.WYATT
BUDGET AND PERSONNEL AMENDMENT
21-FIRE
1135-FIRE ALARM&TELEGRAPH
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 21 -Fire, 1135-Fire Alarm&Telegraph which currently
reads:
1 Fire Captain of Communications $80,508
Is hereby amended to read:
1 Fire Captain of Communications $80,508
2 Fire Captain $80,508
It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary.
GARNELL WHITFIELD,COMMISSIONER OF FIRE AND DONNA J. ESTRICH,COMMISSIONER 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.
PASSED
AYES-9 NOES-0
NO.292
BY: MR.WYATT
BUDGET AND PERSONNEL AMENDMENT 55-COMMUNITY SERVICES
1502-CITIZEN RIGHTS&COMMUNITY RELATIONS
The Common Council of the City Of Buffalo does ordain as follows:
Y
Thai part of Section 1 of Chapter 35 of the Code of the City of Buffalo,relating to 55-Community Services, 1502-Citizen Rights&
Community Relations which currently reads:
1 Secretary to the Commissioner $38,999
Is hereby amended to road:
1 Assistant Director for Citizen Rights&Community Relations $52,000
It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary.
OTIS T. BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES AND DONNA J. ESTRICH,COMMISSIONER 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.
PASSED
AYES-9 NOES-0
NO.293
BY MR.WYATT
BUDGET AND PERSONNEL AMENDMENT
03-MAYOR
1501 -EXECUTIVE
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 03-Mayor-1501 -Executive which currently reads:
1 Chief Diversity Officer $89,192
Is hereby amended to read:
1 Chief Diversity Officer $101,873
It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary.
BYRON W. BROWN,MAYOR, DONNA J. ESTRICH,COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN
AFFAIRS AND MARK J.F.SCHROEDER,CITY COMPTROLLER,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.
Furthermore,we, Byron W. Brown,Mayor and Mark J.F.Schroeder,Comptroller,pursuant of Section 24-15 of the Charter of the City of
Buffalo,hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof,the interests of the City will
be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance.
PASSED
AYES-9 NOES-0
NO.294
BY: RASHEED N.C.WYATT
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.
Joyce Battisti
Suzanne R. Benner
Deidre Carswell
Araliz Harwell
Ashley A.Myers
Anissa E. Pritchett
Aesha M.Sanders
Total:7
ADOPTED:
NO.295
BY: RASHEED N.C.WYATT
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.
Tina M. Howard
TOTAL: 1
ADOPTED
NO.296
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13`h floor City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, February 9,2016 at 9:45 o'clock AM
Committee on Finance Tuesday, February 9,2016 at 10:00 o'clock AM
following Civil Service
Committee on Comm. Dev. Tuesday, February 9,2016 at 1:00 o'clock PM
Committee on Legislation Tuesday, February 9,2016 at 2:00 o'clock PM
Special Committees
Committee on Education Thursday, February 11,2016 at 5:30 o'clock PM
(Public Disclaimer):All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event
that there is sufficient time 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.297
ADJOURNMENT
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 3:15 PM
GERALD A.CHWALINSKI
CITY CLERK