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HomeMy WebLinkAbout03-0225ss COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SPECIAL SESSION (FEBRUARY 25, 2003) MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant-Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS DOMINIC BONIFACIO, BRIAN DAVIS, RICHARD COMMON COUNCIL FONTANA CITY HALL - BUFFALO JOSEPH GOLOMBEK, BEVERLY GRAY, MARY MARTINO SPECIAL SESSION MARC COPPOLA, CHARLEY FISHER III, DAVID TUESDAY, FEBRUARY 25, 2003 FRANCZYK AT 10:00 AM BETTY JEAN GRANT, ROSEMARIE LOTEMPIO ANTOINE THOMPSON PRESENT: James W. Pitts, President of the Council, and To me known to be the same persons described in and who Council Members Bonifacio, Coppola, Davis, Fisher, executed the foregoing instrument, and they duly and Fontana, Franczyk, Golembek, Gray, severally acknowledged to me that they executed the same. LoTempio, Martino, and Thompson – 12. Gerald A. Chwalinski ABSENT Gray-1 Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/04 NO. 1 RECEIVED AND FILED. CALL FOR SPECIAL SESSION February 24, 2003 NO. 2 Mr. Charles L. Michaux, III MBBA TAX LIEN SECURITIZATION City Clerk WHEREAS: The Buffalo Common Council has determined 1308 City Hall that it would be in the best intere3t of the City of Buffalo that Buffalo, New York the City of Buffalo pursuant to the provisions of the State of New York Municipal Bond Bank Agency Act, sell, assign and Dear Mr. Michaux: transfer all of City of Buffalo's right, title and interest in, to and under certain liens on real property in respect of Pursuant to Section 3.9 of the Charter of the City of Buffalo, delinquent taxes to a Delaware statutory trust or other upon the written request of Five councilmembers, dated special purpose entity (the "Issuer") organized by the State February 24, 2003 presented to you herewith, I hereby call a of New York Municipal Bond Bank Agency (the "Agency"), Special Meeting of the Common Council, to be held in the which Issuer will finance the purchase thereof by issuing Council Chambers, City Hall, Buffalo, New York, on debt securities secured by, among other things, such tax February 25, 2003, at 10:00 A.M., for the following purposes: liens, in a private placement in debt securities and, in To receive and take appropriate action on: connection therewith, for the City of Buffalo to acquire an All Items Relating To interest in a Delaware limited liability company or other 1. MBBA Tax Lien Securitization special purpose entity organized by the Agency, such 2. Negotiated Settlement - 1733 Niagara St. interest representing a residual interest in the tax liens sold Yours truly, to the Issuer; James W. Pitts NOW, THEREFORE, BE IT President of the Council RESOLVED: That (i) the sale, transfer, assignment and conveyance by the City of Buffalo of all right, title and February 24, 2003 interest in, to and under the liens on real property in respect of delinquent taxes and any certificates evidencing any such Hon. James W. Pitts liens, and any and all proceeds thereof, including, without President Common Council limitation, any claims in respect of any such liens as to which 1315 City hall the related property owners are involved in bankruptcy Bufralo, New York proceedings (collectively, the "Tax Liens') pursuant to the Dear Sir: Purchase and Sale Agreement in substantially the form WE, the undersigned, members of the Common annexed hereto as Exhibit A (the "Purchase and Sale Council, hereby request that you call a Special Meeting of Agreement ") to the Issuer named in the Purchase and Sale the Common Council, pursuant to Section 30 of the Charter Agreement, (ii) the acquisition by the, City of Buffalo of an of the City of Buffalo, for the following purpose: interest in the limited liability company established pursuant To receive and take appropriate action on to the Amended and Restated Limited Liability Company 1. MBBA Tax lien Securitization Agreement in substantially the form annexed hereto as 2. Negotiated Settlement - 1733 Niagara St. Exhibit B (the "Limited Liability Company Agreement"), and We request that this Special Meeting be held on February (iii) the consummation by the City of Buffalo of each of the 25, 2003 at other transactions contemplated by the Purchase and Sale 10:00 a.m. Agreement and the Limited Liability Company Agreement, Betty Jean Grant are hereby approved; Mary Martino RESOLVED: That the City of Buffalo is authorized to enter Brian Davis into and perform its obligations under the Purchase and Sale Rosemarie LoTempio Agreement, the Limited Liability Company Agreement and a Marc Coppola representative and indemnity agreement with the initial purchasers of the securities to be issued by the Issuer in February 24, 2003 connection with the transactions contemplated by the TO EACH MEMBER OF THE COMMON COUNCIL: Purchase and Sale Agreement and the Limited Liability YOU ARE HEREBY NOTIFIED that, pursuant to Company Agreement (the "Representation and Indemnity Section 3.9 of the Charter of the City of Buffalo, upon the Agreement") (collectively, the "Agreements"); written request of five Councilmembers, dated February 24, RESOLVED: That the proposed forms of the Purchase and 2003, JAMES W. PITTS, President of the Common Council, Sale Agreement and the Limited Liability Company has called a Special Meeting of the Common Council, to be Agreement are hereby authorized and approved, and that held in the Council Chambers, City Hall, Buffalo, New York, the Mayor and the Comptroller (collectively, the "Authorized on Tuesday, February 25, 2003 at 10: 00 A.M. for the Officers") be, and each of them hereby is, authorized, following purpose: empowered and directed to execute and deliver such To receive and take appropriate action on all items relating Agreements in the name and on behalf of the City of Buffalo, to with such changes thereto as any of the Authorized Officers 1. MBBA Tax Lien Securitization may deem necessary or advisable, and to execute and 2. Negotiated Settlement - 1733 Niagara St. deliver the Representation and Indemnity Agreement in the Yours very truly, name and on behalf of the City of Buffalo in such form as Charles L. Michaux III City Clerk any of the Authorized Officers may deem necessary or advisable, such determination to be evidenced conclusively Pursuant to Rule 2 of the Rules of Order of the Common by their execution and delivery thereof; Council of the City of Buffalo, each of the following named RESOLVED: That the execution of the Agreements by an members of the Common Council, to wit: Authorized Officer pursuant to these resolution shall hereby agrees that twenty-four (24) hours' notice be waived constitute conclusive evidence of the approval of, and of that of the time and purpose of the Special Meeting of the Authorized Officer's authority to execute, such Agreement; Common Council duly called to be held on February 25, RESOLVED: That the Authorized Officers be, and each of 2003 at 10:00 A.M. them hereby is, authorized to take any other action and STATE OF NEW YORK execute and deliver any other agreements, documents and COUNTY OF ERIE) ss: instruments, as any of the Authorized Officers may deem CITY OF BUFFALO) necessary or advisable to carry out the purpose and intent of On this 24th day of February 2003, before me, the the foregoing resolutions, including, without limitation, to subscribers, personally provide information concerning the City of Buffalo and the appeared Tax Liens for inclusion in a private placement memorandum (the "PPM") relating to the issuance of securities (the "Bonds") collateralized, in part, by the Tax Liens and to ADOPTED. authorize the use of the PPM in the marketing and sale of the Bonds in the private placement thereof, and to mail or otherwise forward any notices or other communications deemed necessary or desirable by any Authorized Officer to the owners of the real properties subject to the Tax Liens or to any other persons in connection with the sale thereof; and RESOLVED: That any actions of the Authorized Officers in furtherance of the purposes of the foregoing resolutions, whether taken before or after the adoption or effectiveness of these resolutions are hereby approved, confirmed, ratified and adopted. PASSED. AYES-11. NOES-0. NO. 3 DISCHARGE FINANCE COMMITTEE NEGOTIATE SETTLEMENT - 1733 NIAGARA ST (ITEM CCP 2/18/03) Whereas: The above item is currently in the Committee on Finance; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Finance from further consideration of this item, and said item is now before the Council. Seconded by Mrs. Grant Adopted. Seconded by Mrs.Grant ADOPTED. NO. 4 NEGOTIATED SETTLEMENT 1733 NIAGARA STREET LOT SIZE: 363'X 198' ASSESSED VALUE: $21,800 ITEM NO. 12, C.C.P. 10/1/02 The above referenced item was the results of negotiations with Mr. James Gianni for the sale of the above referenced property in the amount of Sixteen Thousand Dollars ($16,000.00). Mr. Gianni intends to acquire the property in order to construct a 25,000 sq. ft. warehouse facility for the expansion of his furniture manufacturing business. During the Council's deliberations a second request to acquire the property was received from another adjoining property owner Ms. Michelle Frank at 1731 Niagara Street. The results of negotiations were received and filed and the Common Council requested the Division of Real Estate to offer the property at public auction to the highest bidder in an effort to settle this matter. The above mentioned parties have reached a settlement in this matter. Mr. Gianni has agreed to purchase Ms. Frank's home at 1731 Niagara Street. The purchase of 1731 by Mr. Gianni is contingent upon Mr. Gianni acquiring title to 1733 Niagara Street. Therefore, we are, at the request of Mr. Gianni, resubmitting his offer in the amount of Sixteen Thousand Dollars ($16,000.00) for the purchase of 1733 Niagara Street. The purchase price of Sixteen Thousand Dollars ($16,000.00) is the appraised value of the property, which has been reviewed and recommended by the City of Buffalo Appraisal Review Board. It was previously disclosed in the prior referenced item that the property in question was acquired by the City of Buffalo when the Village of Black Rock was incorporated into the City of Buffalo and was part of a tract of land known in 1830 as the Parish Tract. Maps at that time showed the property as a "Public Square". City records indicate the property has remained vacant and abandoned public land since the early 19Ws. The title to the Public Square was never transferred to the City of Buffalo by deed or other instruments. Therefore, the City of Buffalo will provide Mr. Gianni with a quitclaim deed and Mr. Gianni has agreed to acquire title insurance, at this own expense, to cover any defect in or lien or encumbrances on the title. Mr. Gianni has also agreed to accept the property as is and no search or survey for the property will be provided by the City. I am recommending that Your Honorable Body approve the sale of 1733 Niagara Street to Mr. James Gianni in the amount of Sixteen Thousand Dollars ($16, 000.00) upon the above stated terms and conditions. I am further recommending that the Corporation Council prepares the necessary documents for the transfer of title and the Mayor be authorized to execute the same. PASSED. AYES-12. NOES-0. NO.5 ADJOURNMENT At 10:30 A.M., Mrs. LoTempio moved to Adjourn. Seconded by Ms. Grant