HomeMy WebLinkAbout91-0416
1No.8
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 16, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk. Joel A
Giambra, Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE
David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P.
Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee.
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred T. Coppola,
Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, , Commissioner Ralph
Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen
Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux.
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/Designee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairperson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
: Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, April 16, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, Perla, and Rutecki -
11
ABSENT - LoTempio, Pitts-2
On a motion by Mr. Fahey, seconded by Mr. Rutecki the minutes of the stated
meeting held April 2, 1991, were approved
FROM THE MAYOR
No.1
ORDINANCE AMENDMENT - Chapter 6, Section 29 - POWERS AND DUTIES
VETO MESSAGE
ITEM NO. 175, C.C.P., April 2, 1991
The above item would mandate that the Buffalo Arts Commission
make an annual request for appropriation for art in public places of 1 percent
of the capital budget. The Commission would be required to make this request
every year whether it was desirable or not. In my judgement, one of the prime
responsibilities of the Commission, and its members, is to make a periodic
determination of the wisdom and necessity of public art with due consideration
of all the pertinent circumstances. By mandating the amount of its request we
are deprived of the Commission's deliberate judgement in this regard.
For these reasons, I hereby veto the above item.
MR. FAHEY moved to Override the Mayor's Veto of item No. 175, C.C.P., April 2,
1991- Ordinance Amendment- Ch. 6- Powers and Duties Buffalo Arts Commission.
REPASSED
AYES- ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA,
RUTECKI-9
NOES- AMOS, BAKOS-2
No.2
VETO - PILOT FIELD NAMING AGREEMENT
ITEM NO. 203, C.C.P., April 2, 1991]
The above item calls for the termination of the agreement between
the City of Buffalo and Pilot Air Freight regarding the naming of the City's
downtown baseball stadium, which, as we all know, is called Pilot Field by
most. In fact Pilot Field will probably be called just that for a long time
whether or not it has a different official name.
-The agreement with Pilot Air Freight is intended to govern a
business relationship which should last a considerable time. There have
been some recent disagreements over the responsibilities of that relationship.
It is in the City's long term interest to make a - concerted effort to
resolve such disagreements. There are substantial costs and disruption if we do
not.
You have called for the termination of the agreement. In my judgement,
this is a harsh and premature approach to the problem. All parties affected
would benefit from a renewed effort at a solution of the matter.
For the above reasons I am compelled to disapprove the above item.
MR. FAHEY moved to refer Item # 203, C.C.P. April 3, 1991, Terminate Pilot
Field Naming Agreement to the Committee on Finance.
ADOPTED.
No.3
Appointment of member of
Advisory Committee for People
with Handicapping Conditions
Pursuant to the powers vested in me by Section 91 of Article VI
of the Charter of the City of Buffalo
, as amended, I hereby appoint Steve Truesdale residing at 505
Elmwood Avenue, Buffalo - 14222, as a member of the Advisory Committee for People with Handicapping Conditions effective
April 31 1991 for a term expiring March 31, 1992.
Steve Truesdale
, an employee of the Independent Living Center, is a very dedicated and hard-working
advocate for the disabled. He will fill the unexpired term of Mark H. Skierczynski, who has resigned.
I hereby certify that Steve Truesdale is fully qualified to serve as a
member of the Advisory Committee for People with Handicapping Conditions.
RECEIVED AND FILED
No.4
Mayoral appointments to
the Buffalo Police
Reorganization Commission
Please be advised that I have appointed the following individuals
to the above referenced commission:
Ralph V. Degenhart, Commissioner
Buffalo Police Department
74 Franklin Street
Buffalo, 14202 851-4444
James C. Jackson, Deputy Commissioner
Buffalo Police Department
74 Franklin Street
Buffalo, 14202 851-4444
Richard Planavsky, Commissioner
Administration & Finance
203 City Hall
Buffalo, 14202 851-5710
Edward C. Hempling
, Captain
Buffalo Police Department
74 Franklin Street
Buffalo, 14202 851-4514
Kenneth R. Kirby
, Esq. (citizen member)
One Franklin Court
181 Franklin Street
Buffalo, 14202 853-6341
Thank you for your attention to this matter.
RECEIVED AND FILED.
No.5.
"Fiscal Independence for the Board of Education"
Item #191, C.C.P.. March 5, 1991
Your Honorable Body has requested that I elaborate on my earlier
communication (Item #7, C.C.P. April 2, 1991) regarding the above referenced
topic.
I believe I clearly stated my position in support of fiscal independence
but opposed to the interim use of a funding formula. The Board of Education and
the Common Council are well aware of the steps that need to be taken to achieve
fiscal independence. An amendment to the New York State Constitution is
required. Such an amendment involves approval by two separately elected
sessions of the the State Legislature as well as approval of a statewide public
referendum.
Your Honorable Body has also inquired what steps my Administration is
willing to recommend to achieve this goal. I believe my public statements
supporting such an amendment demonstrates my willingness to work with the Board
of Education, the Common Council, the Governor and the State Legislature to
achieve fiscal independence for the Buffalo Board of Education.
The elected School Board Members would be the appropriate body to
initiate the process.
REFERRED TO THE COMMITTEE ON FINANCE
No.6
"Extension of Deadline for Recommended Budget Submission"
I am requesting Your Honorable Body's approval of a Local Law
that would allow a delay in the submission of my 1991-92 recommended budget
from May 1, 1991 to May 15, 1991.
This request is necessitated by the lack of sufficient information
regarding the amount of State aid that will be available to the City of Buffalo
and the Buffalo Board of Education in the upcoming fiscal year. As you are
well aware, the State budget recommended by Governor Cuomo includes a $21.5
million reduction in State general purpose aid for the City and a $5 million
reduction in State education aid. In addition, the Governor's recommendation
includes another $1.5 million reduction in various categorical programs
including CHIPS, youth programs, aid to law enforcement, building and fire code
aid and elimination of the senior citizen recreation program. The State
Legislature is discussing restoration of some of these cuts but no detail is
available as to the amount and form of such restorations.
It is my belief that such information should be available before I am
required to submit my recommended budget. It is my hope that this two-week
extension will provide sufficient time to receive such information from the
State. However, I realize that the City cannot have an open ended budget
schedule as property tax bills should be prepared and distributed by the start
of the fiscal year on July 1st. This is why I am requesting a Local Law that
would provide the same schedule that was used last fiscal year.
I believe it is in the best interest of Buffalo residents that my budget
recommendation be based on the best information available from the State
budget. I appreciate the cooperation of Your Honorable Body in this matter.
RECEIVED AND FILED
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.7
Request for a permanent easement for a handicapped ramp at 37 Bridgeman (corner
Marion).
Item No. 43, C.C.P., March 19, 1991
The City Planning Board at its regular meeting held Tuesday, April
9, 1991, considered the above request pursuant to Section 317.2 of the City
Charter and Section 413.1 of the Buffalo Code.
The owner of the property, Mr. Harvey Moore Jr., seeks to construct a 3
1/2-foot by 16-foot handicapped ramp which would encroach in the right-of-way
of Marion Street (the corner of 37 Bridgeman). Under S.E.Q.R., the
encroachment may be considered an unlisted action which can be studied through
uncoordinated review.
The Planning Board voted to receive and file the request, in that no one
has been present at its last two regular meetings. Moreover, the Department of
Public Works has already approved the handicapped ramp.
RECEIVED AND FILED.
No.8
Request to encroach on to right-of-way
at 484 Elmwood Ave. with an entry door.
Item No. 39, C.C.P., April 2, 1991.
The City Planning Board at its regular meeting held Tuesday, April
9, 1991, considered the above request pursuant to Section 317.2 of the City
Charter and Section 413-1 of the Buffalo Code.
The applicant seeks to encroach approximately 4 feet into the city
right-of-way at 484 Elmwood Avenue by placing the glass entrance door of his
restaurant in such a manner as to swing out into the sidewalk area which is in
the right-of-way.
The site is located on that portion of Elmwood Avenue which has an
80-foot right-of-way with a 56-foot pavement. Consequently, 12 feet of
sidewalk exist from the building face to the curb line. Therefore, the 4-foot
door's open configuration would leave 8 feet of unobstructed sidewalk. The
Department of Public Works has already agreed to Your Honorable Body's granting
of a "mere license" to the applicant. Under S.E.Q.R., the proposed
encroachment is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No.9
M. Levine - Application to place
a non- illuminated ground sign at 25 Summer Street.
Item No. 105, C.C.P., April 2, 1991.
The City Planning Board at its regular meeting held Tuesday, April
9, 1991 considered the above application pursuant to Sections 511-20 and 387-19
of the Buffalo Code - Regulations of the R4 Zone and Council's Review of Ground
Signs.
The applicant seeks to place a non-illuminated ground sign with a sign
face area of 13 112 square feet (4 1/2 feet by 3 feet). The overall height of
the sign will be approximately 7 feet from the ground. No part of the sign will
encroach upon the right-of-way.
The site is located in an R4 zone which prohibits freestanding signs. The
R4 zone also prohibits signs greater than 12 square feet in area. Consequently,
the applicant must seek a variance from the Zoning Board of Appeals to erect
the proposed sign.
The sign is also located in the Linwood Preservation District, therefore,
the Buffalo Preservation Board must review the proposed sign for conformance
with applicable standards.
Under S.E.Q.R., the proposed sign is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to deny the proposed sign on the grounds that
the R4 zone prohibits such signage.
REFERRED TO THE COMMITTIEE ON LEGISLATION
No.10
Community Wide Urban Renewal
Homestead Program - Plan Supplement.
The City Planning Board at its regular meeting held Tuesday, April
9, 1991, considered a plan supplement pursuant to Section 505 of the General
Municipal Law.
The amendment involves the Community Wide Urban Renewal Homestead
Program, which was approved by Your Honorable Body on September 18, 1984 (No.
279). Section E of that plan permits additional supplements for housing.
Specifically, this supplement identifies 606 vacant addresses involving
95 streets. (An earlier supplement approved by the Planning Board at its
meeting of March 12, 1991, identified 72 built housing units.) The inclusion of
these addresses into the Urban Renewal Homestead Program will expedite the
ongoing in-fill housing program currently being undertaken by the Department of
Inspections and Community Revitalization (see attached public hearing notice).
Pursuant to State Law, the City Planning Board conducted a public hearing
for the proposed supplement. Opponents and proponents were invited to speak.
The Board heard testimony from personnel from the Department of Inspections and
Community Revitalization, as well as testimony from citizens who opposed or
otherwise questioned the inclusion of certain addresses. In the latter
instance, the Board noted that as each group of properties is selected for
development, Your Honorable Body would have ample time to weigh the merits of
any claims made by interested citizens through the L.D.A. process.
After due deliberation, the Board voted its unqualified approval for the
supplement and noted that under S.E.Q.R., it is considered an unlisted action
which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS
No.11
EMERGENCY BREAKDOWN
VEHICLE XO1
ON JAN. 2, 1991, VEHICLE XO1 (SCHOOL BUS) BROKE DOWN. VEHICLE
TOWED TO SOUTHSIDE AUTO AND TRUCK FOR DETERMINATION OF REPAIRS REQUIRED.
TOP HALF OF ENGINE NEEDED OVERHAUL (NO COMPRESSION IN 4 CYLINDERS).
NO BIDS WERE POSSIBLE, AS BUS WAS IMMOBILE AND PARTIALLY DISASSEMBLED.
REPAIRS AMOUNTED TO $855.71 (P.O. #10591180).
RECEIVED AND FILED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No.12
Proposed Parking Lot
29-49 E. Oakwood and 76 Dewey
The Environmental Management Commission, at its April 9, 1991
meeting, discussed the item referred to it by the Common Council regarding
approvals for a proposed parking lot at 29-49 E. Oakwood and 76 Dewey, and
wishes to respond to the question of potential hazardous waste contamination on
this site. It also asks me to make more general comments regarding the degree
of clearance which can be given to any location in the absence of actual
on-site physical testing.
Regarding the proposed parking lot, the Commission notes that it is not
known how the original contamination occurred at the Dewey Avenue waste site
across the street, and it is therefore at least remotely possible that whatever
practices caused the original waste site contamination also took place at 76
Dewey. In the absence of any concrete evidence of contamination, and after
reviewing known facts about the East Oakwood-Dewey Avenue site, the Commission
sees no reason to recommend against building the parking lot because of
environmental contamination. This answer is probably less than the full
assurance your Honorable Body might desire in this and similar cases, and the
Commission has asked that I explain both the basis of this answer, and the
general factors which prevent it from going any further.
Questions the Commission asked in reviewing this case centered on 1)
known past use of the East Oakwood site; 2) proposed use of the East Oakwood
site; 3) proximity to the Dewey Avenue Inactive Hazardous Waste Site; 4)
clean-up status of that site; 5) potential for the contaminant in question at
the Dewey site (PCB's) to migrate; 6) potential for human exposure; and 7)
evidence of any DEC concern regarding the site.
The Commission makes no recommendation against building the lot because
its review indicated that the lot was used for residential purposes, that it is
to be paved thereby isolating any potential contaminants, that it is separated
by a roadway from the Dewey Avenue Inactive Hazardous Waste Site, that the DEC
has classified that site as properly closed with no evidence of present or
potential adverse impact, and, that PCB's tend to remain in place in the soil,
and are not readily volatile.
In the absence of actual site testing, the Commission would not wish to
mislead your Honorable Body by giving unwarranted assurance that any site is
surely clean. As a general point, neither the Commission, nor the responsible
State agency, the Department of Environmental Conservation, can provide
absolute assurance that a site is not contaminated without actual physical
testing. Testing is expensive, and without sufficient reason to carry out, a
waste of resources.
The "reason" which would justify testing is in the end a judgement call,
based on such facts as the history and location of the site, contamination
which may have existed nearby, migration potential of that contamination, and
so forth. Even if a consideration of these factors gives no reason for
concern, it would not be prudent to certify a site as "clean" without testing.
Without testing there will always be some degree of risk for decision makers
in carrying out or allowing activities. With full testing behind every
decision, the expense of testing would rapidly bankrupt the City and
developers.
Hence, there will always be some risk associated with decisions to allow
or carry out actions on many sites. The -Commission looks forward to
continuing to work with City officials to make that risk as small as possible.
Additionally, the Commission has acted in the past and now recommends and
stands ready to assist in efforts to accelerate State and Federal actions
leading to remediation of the known areas of contamination in the City.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.13
Ord. Amend., Chap. 263
Combustible Materials
Item No. 203, C.C.P. 3/19/91
The Environmental Management Commission has been asked to comment
on a proposed ordinance amendment, Chapter 263, Section 8 - Other Combustible
Materials, which focuses on used tire handling. The Commission wishes to
commend Councilmember Higgins and the involved City departments for the
development of a strong ordinance which should give the City greater control
over a potential hazard to human health and the environment.
Before the ordinance is approved, however, the Commission recommends that
the involved technical experts make certain that tire pile size has been fully
defined. While the proposed ordinance sets limits concerning pile height and
minimum pile separation, the Commission notes that no limit is set regarding
pile width, except that provided by the general provision that operators under
the ordinance store no more than 1,000 tires. If it is the belief of the
drafting technical experts that the hazards of such a pile are manageable, then
the Commission supports the proposed ordinance without reservation.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.14
Delta Sonic Carwash Request to Cut Two Trees on City Property
The Environmental Management Commission, acting under its general
charge to advise on environmental issues, has asked that I communicate to the
Common Council its concerns regarding Delta Sonic's recent request that two
trees on City property be cut so as to enhance the visibility of the Delta
Sonic sign in front of the car wash-gas station-convenience market at 1264 Main
Street.
The trees in question are part of two uniform lines of trees that run
down both sides of Main Street from the Theater District to Utica. The trees
were planted as part of an enhancement and beautification plan designed to
benefit City residents and businesses. They are of a type specially selected
to be of modest size and otherwise appropriate for curbside installation.
The view of the Commission is that City Forester Drabek and Acting Parks
Commissioner Buczkowski were correct in their refusal to cut down the trees and
should be supported by the Common Council. The trees, and the planting scheme
of which they are part, represent considerable more value to the City than even
the approximate $3,000 they are worth.
As a review of your Honorable Body's sign approval from Item Number 171
of the Common Council Proceedings of September 15, 1987 will confirm, and
contrary to the statement made by Delta Sonic in its recent petition to the
Common Council, this particular sign has been in place less than four years.
The two trees have been there for at least eight years. While there is a
legitimate need for Delta Sonic to advertise, Delta Sonic chose to place its
sign behind the trees, and in the view of the Environmental Management
Commission, should now find some way other than tree removal to deal with the
partially obscured sign.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BUFFALO ARTS COMMISSION
No.15
A. De Corse Naval Park Sculpture
C.C.P. #91, 4/2/91
Thank you for referring the above referenced item to the City
Arts Commission. We had been made aware previously that a proposal in some form
had been presented by Mr. De Corse for the Naval Park and heretofore had not
provided any recommendation since the property in question is owned by the
Buffalo Urban Renewal Agency and is subject to certain restrictions imposed by
the Naval and Servicemen's Park Inc. Nevertheless. the membership of the Arts
Commission believes that pursuant to the City Charter and Ordinances, any and
all public art proposals for City property including those for lands owned by
Buffalo Urban Renewal Agency should be reviewed by the Arts Commission with
appropriate recommendations provided to your Honorable Body.
It is respectfully requested that this item be tabled or received and
filed until the Arts Commission, at its regular meeting in May, can thoroughly
review Mr. De Corse's proposal and has obtained the necessary information to
make a formal recommendation regarding this or any other available site.
REFERRED TO THE COMMITTEE LEGISLATION
FROM THE COMPTROLLER
No.16
Certificate of Necessity
Transfer of Funds
Appropriation Allotments - Exempt Items
Enterprise Capital Projects Fund -
Division of Development
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $25,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, April 8,
1991
RECEIVED AND FILED.
No.17
Approve Early Retirement for Eligible Municipal Employees
Item #204, C.C.P. 4/2/91
Please be advised that the information requested by Your Honorable
Body regarding the above item involves careful analysis of a rather complex and
detailed State proposal. In addition, cost effectiveness and benefits to the
city, if any, require more research in order to make a proper presentation.
Therefore, I will provide Your Honorable Body with the information requested
when I am satisfied all aspects of the early retirement proposal are analyzed.
I have instructed my staff to begin this process immediately.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.18
Perm ission to Negotiate 209 Chester, E 395' S Northland
Lot Size: 25' x 100'
Assessed Valuation: $500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Thomas Girst, Jr. of 213 Chester Street, Buffalo, New York
to purchase the above referenced property.
Mr. Girsts owns the property at 211 and 213 Chester Street. He has lived
on Chester Street for the last 13 years. He would like to purchase this
property in order to stop the dumping on this lot, beautify the lot and use for
a recreational area for his growing family.
The Department of Community Development and the Department of Inspections
& Community Revitalization have been contacted and they have no objection to
the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the Communication from the Office of the Comptroller, dated April 8,
1991, be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations with Mr. Thomas Girst, Jr., of 213 Chester Street, for the
purchase of city property commonly known as 209 Chester Street; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.19
Permission to Negotiate
95 Viaduct Elk, E 199. 18' SW Elk lot Size: 29. 95' x 84. 93' W Assessed
Valuation: $1,800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Wyman Lee Wells of 97 Elk Street, Buffalo, New York to
purchase the above referenced property.
Mr. Wells owns the property at 97 Elk Street and would like to purchase
the lot next door at 95 Viaduct Elk in order to landscape and beautify the
area. Mr. Wells has indicated that due to the configuration of this lot it
would make it almost impossible to utilize this lot for new construction.
The Department of Community Development and the Department of Inspections
& Community Revitalization have been contacted and they have no objection to
the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Office of the Comptroller, dated April 8,
1991, be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations with Mr. Wyman Lee Wells of 97 Elk Street, for the purchase of
City property commonly known as 95 Viaduct Elk; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.20
Permission to Negotiate 21 Kingsley, S 165' E Jefferson Lot Size: 28' x 117'
Assessed Valuation: $490
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Reginald Colston on behalf of the St. John's Lodge #16, 77
Zenner Street, Buffalo, New York to purchase the above referenced property.
There is a firehouse located across the street from the Lodge at
Jefferson and Kingsley. Mr. Golston has indicated that the fireman have
complained that when the Lodge holds its meetings the fireman have a hard time
turning the fire engine onto the street due to the parking situation. As a
result Mr. Golston is requesting that the Lodge be given permission to purchase
the above referenced property for off-street parking purposes.
The Department of Community Development and the Department of Inspections
& Community Revitalization have been contacted and they have no objection to
the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property on condition that the Lodge pave
and drain the lot accordingly. This Office will report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Office of the Comptroller, dated April 8,
1991 be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations with Mr. Reginald Golston on behalf of the St. John's Lodge #16,
77 Zenner Street, for the purchase of City property commonly known as 21
Kingsley Street; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.21
Permission to Negotiate
32 Lyth, N 315.20' E Pyrdy
Lot Size:24.4' x 120
Assessed Valuation: $1,000
The Office of the Comptroller, Division of Real Estate, has received
a
request from Ms. Ellen E. Jacobs of 34 Lyth, Buffalo, New York to
purchase the above referenced property.
Ms. Jacobs owns the property at 34 Lyth and would like to purchase the subject
property for a recreational area for the children.
The Department of Community Development and the Department of Inspections &
Community Revitalization have been contacted and they have no objection to the
sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Office of the Comptroller, dated April 8,
1991, be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations with Ms. Ellen E. Jacobs of 34 Lyth for the purchase of City
property commonly known as 32 Lyth; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.22
Permission to Negotiate 190 Mackinaw, N 280.04' W Alabama
Lot Size:33.29' x 138'
Assessed Valuation: $200
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. John Heidinger of 186 Mackinaw, Buffalo New York to purchase
the above referenced property.
Mr. Heidinger owns the property at 186 Mackinaw Street and would like to
purchase the lot next door for additional yard space.
The Department of Inspections & Community Revitalization have been
contacted and they have no objection to the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Office of the Comptroller dated April 8,
1991 be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations with Mr. John Heidinger of 186 Mackinaw for the purchase of the
City property commonly known as 190 Mackinaw; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.23
Permission to Negotiate 80 O'Connor, N 174.84 E Abby Lot Size: 12.73' x 160'
Assessed Valuation:$500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. J. Eldon Owens, Attorney, on behalf of Mr. Thomas Bucur of
78 O'Connor Street, Buffalo, New York to purchase the above referenced
property.
Mr. Bucur intends to use this property for off-street parking purposes.
The Department of Community Development and the Department of Inspections
and Community Revitalization have been contacted and they have no objection to
the sale of this property, providing Mr. Bucur applys for a curb cut, if one
does not exist, and either pave or properly stone the area to be used for
off-street parking.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR.FAHEY moved:
That the communication from the Office of the Comptroller dated April 11,
1991 be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations with Mr. J. Eldon Owens, attorney, on behalf of Thomas Bucur of 78
O'Connor, for the purchase of City property commonly known as 80 O'Connor; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.24
228 Playter Street
Acquisition for Parking
Polish Community Center
#247, C.C.P. 10/30/90
In the above referenced item, Your Honorable Body authorized the
issuance and sale of One Hundred and Five Thousand Dollars ($105,000) General
Improvement Serial Bonds to finance the cost of the acquisition of land for
construction of a parking lot behind the Polish Community Center located at
1081 Broadway, Buffalo, New York. These bonds have been sold and are available
in Account #200-717-057.
The Department of Community Development requested the Comptroller,
Division of Real Estate, to proceed with the acquisition of 228 Playter Street
for this project. The subject property consists of a two and one-half story (2
1/2) frame three (3) family dwelling, situated on a lot 30' x 90'. The subject
property is assessed for Ten Thousand Five Hundred Dollars ($10,500). The
property is owned by Thaddeus W. Bylewski, 184 Playter Street, Buffalo, New
York. He has owned and maintained the subject property since 1976.
Two independent appraisals of the property were conducted to estimate the
fair market value. Mr. Richard Bronstein, Appraiser, 3666 Main Street,
Amherst, New York has estimated that the fair market value of the property to
be Thirty-Two Thousand Dollars ($32,000). Mr. Frank A. Pirritano, Appraiser,
745 Center Road, West Seneca, New York has estimated the fair market value of
the property to be Forty Thousand Dollars ($40,000).
The results of our negotiations are that Mr. Thaddeus W. Bylewski has
agreed to accept Thirty-Five Thousand, Eight Hundred and Fifty Dollars ($3St
8/50) for the property.
I am recommending that Your Honorable Body authorize the purchase of 228
Playter Street from Mr. Thaddeus W. Bylewski, 184 Playter Street in the amount
of Thirty-Five Thousand, Eight Hundred and Fifty Dollars ($35,850). This
recommendation is based on the Commissioner of Community Development agreeing
with said purchase price.
MR.FAHEY moved:
That the communication from the Office of the Comptroller dated April 9,
1991, be received and filed; and
That the Common Council hereby finds and declares, pursuant to Section
511 of the City Charter, that the acquisition of the real property commonly
known as 228 Playter Street, being a lot 30 feet x 90 feet and containing a two
and one- half story three (3) family dwelling, is necessary for a public use,
to wit, to provide parking for the Polish Community Center at 1081 Broadway;
and
That the amount of $35,850 necessary therefor is available in Bond
Account #200-717-057; and
That the Comptroller be, and he hereby is, authorized to acquire the real
property at 228 Playter Street from Mr.. Thaddeus W. Bylewski, of 184 Playter
Street, the owner thereof, for the sum of $55,850,' and
That the Comptroller be, and he hereby is, authorized to accept a deed
conveying title to 228 Playter Street to the City of Buffalo.
PASSED
AYES-11 NOES-0
No.25
230 Playter Street
Acquisition for Parking
Polish Community Center
#247, C.C.P. 10/30/90
In the above referenced item, Your Honorable Body authorized the
issuance and sale of One Hundred and Five Thousand Dollars ($105,000) General
Improvement Serial Bonds to finance the cost of the acquisition of property for
the construction of a parking lot behind the Polish Community Center located at
1081 Broadway, Buffalo, New York. These bonds have been sold and are available
in Account #200-717-057.
The Department of Community Development requested the Comptroller,
Division of Real Estate, to proceed with the acquisition of 230 Playter Street
for this project. The subject property consists of a vacant lot 30' x 90',
which is assessed for One Thousand Dollars ($1,000). The property is owned by
Mr. Henry A. Orlowski, 10 Woodcrest Blvd., Town of Tonawanda, New York. He has
owned and maintained the subject property since 1986.
Two independent appraisals of the property were conducted to estimate the
fair market value of the subject. Mr. Richard Bronstein, Appraiser, 3666 Main
Street, Amherst, New York has estimated that the fair market value of the
subject property to be One Thousand Dollars ($1,000). Mr. Frank A. Pirritano,
Appraiser, 745 Center Road, West Seneca, New York has estimated the fair market
value of the subject property to be Sixty-Eight Hundred Dollars ($6,800).
The results of our negotiations are that Mr. Henry A. Orlowski has agreed
to accept Three Thousand Dollars ($3,000) for the property.
I am recommending that Your Honorable Body authorize the purchase of 230
Playter Street from Mr. Henry A. Orlowski, 10 Woodcrest Blvd., Town of
Tonawanda, New York in the amount of Three Thousand Dollars ($3,000). This
recommendation is based on the Commissioner of Community Development agreeing
with said purchase price.
MR. FAHEY moved:
That the communication from the Office of the Comptroller dated April 9,
1991, be received and filed; and
That the Common Council hereby finds and declares, pursuant to Section
511 of the City Charter, that the acquisition of the real property commonly
known as 230 Playter Street, a vacant lot 30 feet by 90 feet, is necessary for
a public use, to wit, to provide parking for the Polish Community Center at
1081 Broadway; and
That the amount of $3,000 necessary therefor is available in Bond account
#200-717-057; and
That the Comptroller be, and he hereby is, authorized to acquire the real
property at 230 Playter Street from Mr. Henry A. Orlowski, the owner thereof,
for the sum of $3,000; and
That the Comptroller be, and he hereby is, authorized to accept a deed
conveying title to 230 Playter Street to the City of Buffalo.
PASSED
AYES-11 NOES-0
No.26
241 Sears Street
Acquisition for Parking
Polish Community Center
#247, C.C.P. 10/30/90
In the above referenced item, Your Honorable Body authorized the
issuance and sale of One Hundred and Five Thousand Dollars ($105,000) General
Improvement Serial Bonds to finance the cost of the acquisition of land for
construction of a parking lot behind the Polish Community Center located at
1081 Broadway, Buffalo, New York. These bonds have been sold and are available
in Account #200-717-057.
The Department of Community Development requested the Comptroller,
Division of Real Estate, to proceed with the acquisition of 241 Sears Street,
Buffalo, New York for this project. The subject property consists of a two and
one-half story (2 1/2) frame dwelling used mainly for warehousing purposes and
an attached 900 sq. ft. concrete block building used for auto repair. The
improvements are situated on a lot 30' x 90' and the property has an assessed
valuation of Thirteen Thousand Two Hundred Dollars ($13,200). The property is
owned by Mr. Edward Balon, 39 Thomas Street, Buffalo, New York. Mr. Balon
purchased the property in 1985 for Six Thousand Dollars ($6,000) and has
maintained the property since that time.
Two independent appraisals of the property were conducted to estimate the
fair market value. Mr. Richard Bronstein, Appraiser, 3666 Main Street,
Amherst, New York has estimated that the fair market value of the property to
be Sixteen Thousand Five Hundred Dollars ($16,500). Mr. Frank A. Pirritano,
Appraiser, 745 Center Road, West Seneca, New York has estimated the fair market
value of the property to be Thirty-Eight Thousand Four Hundred Dollars
($38,400).
The results of our negotiations are that Mr. Edward Balon, 39 Thomas
Street, Buffalo, New York has agreed to sell the property located at 241 Sears
Street for Twenty-Five Thousand Dollars ($25,000).
I am recommending that Your Honorable Body authorize the purchase of 241
Sears Street, Buffalo New York from Mr. Edward Balon, 39 Thomas Street,
Buffalo, New York in the amount of Twenty-Five Thousand Dollars ($25,000).
This recommendation is based on the Commissioner of Community Development
agreeing with said purchase price.
MR.FAHEY moved:
That the communication from the Office of the Comptroller dated April 9,
1991 be received and filed; and
That the Common Council hereby finds and declares, pursuant to Section
511 of the City Charter, that the acquisition of the real property commonly
known as 241 Sears Street, a lot 30 feet x 90 feet containing a two and
one-half story frame dwelling and an -attached 900 sq. ft. concrete block
building, is necessary for public use, to wit: to provide parking for the
Polish Community Center at 1081 Broadway; and
That the amount of $25,000 necessary therefor is available in Bond
Account #200-717-057; and
That the Comptroller be, and he hereby is, authorized to acquire the real
property at 241 Sears Street from Mr. Edward Balon, 39 Thomas Street, the
owner thereof, for the sum of $25,000; and
That the Comptroller be, and he hereby is, authorized to accept a deed
conveying title to 242 Sears Street to the City of Buffalo.
PASSED
AYES-11 NOES-0
No.27
Transfer Strip of Land
109 Lockwood
Item #50, C.C.P. April 2, 1991
Your Honorable Body through the Committee on Finance has referred
the referenced item to the Comptroller's Office, Division of Real Estate for
report.
This item contains a request by Joseph and Monica Sweeney, through their
attorney, Robert W. Malmsheimer, to have the City convey over the referenced
property. Said property consists of a strip of land 2' wide by 109' long.
It appears that Joseph and Monica Sweeney were under the impression they
owned more property then they actually did. Since they were paying taxes on
the entire piece since 1968, and as was their predecessor - owner.
Such real property tax payments can arguably be viewed as gifts. Mr. &
Mrs. Sweeney are willing, as per their attorney's letter, to pay a nominal
consideration for the property.
It is our intention to affix a value for the property and communicate
that value to Mr. & Mrs. Sweeney. Once mutual agreement is reached upon the
value, we will report back to Your Honorable Body accordingly.
REFERRED TO THE COMMITTEE ON FINANCE
No.28
Revised Capital Debt Service Fund Budget
I am submitting to Your Honorable body the relevant pages of the
revised Capital Debt Service Fund Budget which I submitted to the Budget office
on April 9, 1991. It is my intention, as Comptroller of the City, to present
to the Common Council as much information as possible, as early as possible,
regarding the Capital Debt Service Fund Budget.
The Capital Debt Service Fund Budget, as revised, is balanced by
$14,363,399 of Real Property Tax dollars. Since Pilot Field's Enterprise Fund
will not produce a surplus to pay the $1,174,107 needed to fund Pilot Field's
debt service, the total Real Property Tax Levy dollars needed to fund this
budget will be the $14,363,399 plus the $1,174,107 or $15,537,506 an increase
of $4,777,950 over the 1990-91 Budget.
The revised Real Property Tax dollars needed to fund the debt service
budget is $1,115,146 less than was requested in February. This savings was
obtained from three sources. We revised our maturity schedule on the March
bond sale to pay the minimum principal legally possible in the first year to
save $350,000 and we obtained a favorable interest rate (6. 6%) compared to our
estimate of 7.25% to save an additional $315,000. Also, our revised budget does
not contain a principal payment to be made in the 1991-1992 fiscal year for any
bond sales after July l, 1991, saving an additional $450,000.
Almost all of the tax increase is needed to fund the March bond sale. We
also have requests for $11,000,000 in projects that will begin this spring or
summer for which funds must be provided in this budget. We have provided funds
for only one interest payment in this budget.
We have not provided any dollars in this budget for:
l.) $8,836,000 of projects that are authorized and unissued; 2.) $15,190,000 of
projects from the 1990-91 Capital Improvements Budget where the resolutions
have not been submitted to the Common Council; and 3.) any projects that will
be included in the 1991-92 Capital Improvements Budget.
There will be $24,026,000 worth of projects authorized and unissued that
will require funding the following fiscal year. This will require more tax
dollars next year since our largest resource, Interest from Temporary
Investments of Capital Projects Fund, has decreased over 50- from last year.
This source of funds will continue to decrease in the future for two reasons.
First, we do not sell the bonds until the project is "ready to go," so bond
funds don't remain idle very long, and second the old projects from bond sales
prior to the Tax Reform Act of 1986 are being expended and this money is no
longer available to invest.
I believe that this information will assist you in your preparation of
the 1991-92 City of Buffalo Budget.
REFERRED TO THE COMMlTTEE ON FINANCE
No.29
Revised List of Bond Closeouts
Item No. 30, C.C.P. 11/27/90
The city of Buffalo issues bonds to provide funds to finance the
costs of various capital projects which are described in the bond resolutions
submitted to the common Council. When we raise capital funds by selling bonds,
it is reasonably anticipated that all of the projects will proceed timely and
binding commitments for the completion of the projects will be entered into in
a timely manner. Proceeds of bonds not expended for the object or purpose for
which the bonds were sold must be applied to the payment of principal and
interest on such bonds (Local Finance Law - Section 165.00)
The Division of Accounting has discussed the following accounts with the
Division of Administration and Finance who in turn reviewed them with various
department heads and determined the following accounts:
1. Have a balance too small to proceed with the project,
2. Have no further commitments, or
3. Will not be used since the project is complete.
For the aforementioned reasons, the following bond accounts should be
closed.
UNENCUMB RESTRICTED
UNRESTRTED
ERED FOR FUTURE
FOR 1991-92
BALANCE DEBT
DEBT
4/5/91 SERVICE
SERVICE
ACCT #200 PURPOSE
101-017 Purchase Motor
Vehicles-Parks $ 1,394.56 $ $ 1,394.56
401-034 Plans for
Downtown Streets18,393.00 18,393.00
401-078 Resurfacing
of Parking Lots14,667.89 14,667.89
401-079 Reconstr of
Ferry Lift Brdg 6,749.37 6,749.37
401-087 Reconst of
N. Falls Blvd 19,089.09 19,089.09
401-501 Delawre Park
Lake Restor. 7,175.30 7,175.30
401-520 Reconst of
Elmwood 2,848.89 2,848.89
401-531 FDA LPW
Settlements 47.43 47.43
402-004 Shoshone Park
Shelter House 3,296.76 3,296.76
402-014 Expansion of
Lincoln F.Houe34,180.90 34,180.90
402-025 Reconstr -
Delaware Labor Ctr 104.81 104.81
402-038 Prospect Park
Shelter House 171.56 171. 56
402-039 Reconstr
City Hall Bldg. 96 .96
402-045 Plans-Expan
Lincoln Field Hs 47,643.59 47,643.59
402-055Reconstr
Fire Dept Bldqs. .09 .09
402-067 Reconstr
JFK Commiinity Ctr .62 .62
402-079 Const
Jefferson-Riley Fire 22.06 22.06
402-084 Const W.Sid
Commtinity Ctr 2,595.6 2,595.64
402-086 Expan Lincoln
Field House 7,552.54 7,552.54
402-097 Reconstr
Schiller Park Pool .86 .86
717-007 Reconstr Mungovan
Playqrnd 9,615.92 9,615.92
717-011 Const Polonia
Playqrnd 54.48 54.48
717-012 Ellicott District
Development 4,237.30 4,237.30
717-026 Improv to
Mulroy Park 1,123.96 1,123.96
717-080 Misc Improv
New Housing 13,546.10 13,546.10
717-091 Const Downtown
Staditim .95 .95
717-092 Improv - Strategy
Areas .08 .08
717-093 Acquis Land
Polish Comm Ctr1,533.19 1,533.19
717-099 Reconstr
Roosevelt Park 11,503.00 11,503.00
717-500 Lovejoy Pool
Program 44,683.24 44 683.24 __________
$252.234.14 $145,128.89 $107,105.25
Upon favorable action by Yoiir Honorable Body, I will close the bond
accocints and the amocints restricted for payment of principal and interest
will be transferred to the debt service reserve, and the iinrestricted amoiints
will be cised as a resoiirce for the 1991-92 Capital Debt Service Find Biidget.
REFERRED TO THE COMMITTEE ON FINANCE
No.30
Status of Hurd Bond Issue
Item #197, C.C.P. 4/2/91
As per the request of Your Honorable Body, I directed an inquiry
into the current status of the Hurd bond bill in the New York State
Legislature. As of this date, the Hurd Bond proposal submitted by the Governor
has been introduced in the Legislature (A-4422/S-2922). However, there has been
no action on the measure. I have been informed by members of Assemblyman Hoyt
'.5 staff that the Assemblyman has asked the leadership in the Assembly to take
action and evaluate this issue outside the ongoing State budget impasse due to
the importance of this matter to the City of Buffalo and its taxpayers.
I concur with the strategy Assemblyman Hoyt has taken, since I believe
the Hurd refunds should not be connected to the State budget dilemma due to the
uncertainty of when the State budget might be passed. I strongly recommend
that Your Honorable Body prepare a joint communication to the leadership in the
State Assembly and State Senate urging them to consider this issue on its own
merit and outside their current budget deliberations.
I am hopeful this Hurd proposal will receive favorable attention in the
State Legislature and a clear message from Your Honorable Body may expedite the
process.
REFERRED TO THE COMMITTEE ON FINANCE
No.31
Report of Audit
Assessment
In response to the Council's request, dated April 9, 1991, we
submit the following:
City of Buffalo
Department of Assessment
Summary of Delinquent P.I.L.O.T. Receivables
As of April 1, 1991
Invoice Invoice Balance Due
No. Date Amount
Total
Buffalo Storage 10 07/24/87 $12,000.00
14 07/15/88
24,066.85
14 07/01/89
24,066.85 $60,133.70
Buffalo Waterfront
Restaurant 15 07/01/89
38,392.97
38,392.97
Niagara
Franchising 37 07/15/88 5,349.28
43 07/01/89 5,469.31
10,818.59
Repenhagen
Roller 53 07/01/89 2,127.01
2,127.01
W.Genesee
Hotel 63 07/01/89 80,000.00
80,000.00
Snyder Corp.
TOTAL $191,472.27
Please note that the above total represents all receivables
one
year and older.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ASSESSMENT
No.32
Use 2050 Elmwood
Item #13, C.C.P. April 2, 1991
This communique is in response to Your Honorable Body's inquiry
concerning the erection of a pole sign as an accessory to an 8 screen movie
house. Your communique to this department refers to 2050 Elmwood Avenue as the
location where the pole sign is to be sited. This department does not currently
use the number 2050 on Elmwood Avenue as an assessable location.
The Department of Assessment has assessed the 8 screen movie house to 2000
Elmwood Avenue whose current ownership is listed as Niagara Buffalo Center
Association. Therefore, if the erection of a pole sign is sited on the
property assessed as 2000 Elmwood Avenue, the pole sign will be assessed and
inventoried at 2000 Elmwood Avenue.
REFERRED TO THE C0MMITTEE 0N LEGISLATION
No.33
Updated report Delinquent P.I.L.O.T.Acct..
Item #61, Com. 24, C.C.P. November 27, 1990
In response to Your Honorable Body's request for an updated report
on delinquent P.I.L.O.T. account, that information is as follows:
DELINQUENT P.I.L.O.T. ACCOUNTS
AS OF 4-9-91
Owner Tax Year Amount
A. C. Hamilton 1990-91 2,973.00
Buffalo Storage Assoc. 1987-88 12,000.00
1988-89 24,066.85
1989-90 24,066.85
1990-91 24,066.85
Buffalo Waterfront Restaurant 1989-90 38,392.97
1990-91 42,231.89
Can American Packaging 1990-91 7,737.84
Top Notch (Elmwood
Warehousing Co. Inc.) 1990-91 43,012.29
First Protection 1990-91 2,398.57
Harmac 1990-91 24,261.65
Marlette Holding Corp. 1990-91 16,800.00
National Finishing Corp. 1990-91 15,263.74
Niagara Franchising 1988-89 5,349.28
1989-90 5,469.31
1990-91 5,998.73
Prudential Building Assoc. 1990-91 90,000.00
Reppenhagen Roller Corp. 1989-90 2,127.01
Swan Group
Limited Partnership 1990-91 87,322.00
West Genesee Hotel 1989-90 80,000.00
1990-91 80,000.00
REFERRED TO THE COMMITTEE ON FlNANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
No.34
Bond Cancellation
Bailey Avenue and Dingens Street
It is hereby certified that the bond described below be cancelled:
Principal: Niagara Frontier Services
Surety: The Aetna Casualty and Surety Company
Amount: $5,000.00
Dated: June 19, 1975
Structure: Gas Well
Location: Intersection of Bailey Avenue and Dingens Street
This bond is no longer required due to the fact that the encroachment has
been removed from city right of way. The above captioned bond should be deemed
released and cancelled as to future liability in accordance with the provisions
of the City of Buffalo Ordinances.
RECEIVED AND FILED.
No.35
Extension of Time Genesee Moselle Street Clinic 1512 Genesee Street Buffalo,
New York
In accordance with the terms of the contract between the City
of Buffalo and Ackerman & Huebsch, Inc. C-9l562000 the work should have been
completed by February 22, 1991.
Due to a change in contract on this project this contractor could not complete
the work of this project on time. This is the first extension of time on this
project.
I have granted an extension of time to April 19, 1991 to Ackerman & Huebsch,
Inc. to complete the work of their contract.
RECEIVED AND FILED
No.36
Extension of Time
New Roof
Kensington Branch Library
22 Westminister Avenue
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Jemco Roofing Co. C-91601200, the work should have been
completed by March 29, 1991.
Due to poor weather conditions this contractor could not complete the work of
this project on time. This is the first extension of time on this contract.
I have granted an extension of time to May 10, 1991 to Jemco Roofing Co. to
complete the work of their contract.
RECEIVED AND FILED
No.37
Monthly Report Licenses Issued
March 1991
I am respoctfully submitting the enclosed report of licenses issued
in the month of March 1991 by the Division of License.
RECEIVED AND FILED.
No.38
Notification Serial #8184 & #8185
This communication explains the attached Notification Serial Numbers.
8184
Washington Street, east and west sides, (Repeal No Standing Anytime between
Swan & Exchange Streets.
8185
Washington Street, east and west sides, (Install No Standing 6:00AM - 6:00PM
between Swan & Exchange Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.39
Notification Serial #8184
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action suppl~enting, 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 its business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buf falo be supple~nted by repealing thereto the
following: NO STAMDING
PUBLIC HIGHWAY PROHIBITEO PORTION OF HIGHWAY
Washington Street Between Swan & Exchange Sts.
East & West sides
Notification Serial #8185
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 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING 6:00 AM - 6:00PM
PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY
Washington Street Between Swan and Exchange Sts.
East and West sides
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.40
PERMISSION TO ADVERTISE FOR BIDS RECONSTRUCTION OF EMERALD CHANNEL INTAKE PHASE
II AND CONSTRUCTION OF CHEMICAL TREATMENT FACILITY AT EMERALD CHANNEL INTAKE
The services of R & D Engineering and Land Surveying, P.C. have
been retained to prepare plans and specifications for Phase II of the
Reconstruction of the Emerald Channel Intake to install the remaining
twenty-eight barrier blocks and install all of the remaining voids at the base
of the structure with concrete.
R & D Engineering has also been engaged to prepare plans and
specifications for the construction of a new Chemical Treatment Facility at the
Emerald Channel Intake Water Distribution Facility to treat zebra mussel
infestation.
Inasmuch as these projects are similar where divers are required and
barges will be used at the Intake to reconstruct the Intake and for the
construction of the new Chemical Treatment Facility, it is intended to combine
both of these projects. By combining these projects, substantial savings will
be realized in construction costs and engineering services.
I respectfully request your Honorable Body's permission to advertise for
bids to Reconstruct the Emerald Channel Intake and Construction of a New
Chemical Treatment Facility.
Funds are available in the Division of Water's 405 Capital Projects Fund,
074 and 077 Accounts.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated April
10, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
advertise for bids to Reconstruct the Emerald Channel Intake and Construction
of a New Chemical Treatment Facility, and to report the results of said bids to
this Honorable Body.
ADOPTED
No.41
Report of Bids
Reconstruction of Glass Block
Kleinhans Music Hall
Symphony Circle, Buffalo, NY
I asked for and received the following Informal Proposals for
the Reconstruction of Glass Block Windows, Kleinhans Music Hall, Symphony
Circle, Buffalo, New York on March 21, 1991.
Delsan Construction Co 2,335.00
Leising Bros. Corp. 4,122.00
Vara Science, Inc. 6,566.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Delsan Construction Co. ,Inc. in the amount of $2,335.00 is
the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work are in B/F
200-402-087 - Division of Buildings.
Estimate for this work was $2,500.00.
MR.FAHEY moved:
That the communication from the Commissioner of Public Works, dated March
21, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Reconstruction of Glass Block, Kleinhans Music Hall, to
Delsan Construction Co., Inc., the lowest responsible bidder in the amount of
$2,335.00, with said cost to be charged against the Bond Fund #200-402-087 in
the Division of Buildings.
PASSED.
AYES-11 NOES-0
No.42
Report of Bids
Old First Ward Community Center Republic & Tennessee Streets Buffalo, New York
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for on February 5, 1991 and received the following sealed
proposals for the New Building, Old First Ward Community Center, Republic &
Tennessee Streets, Buffalo, New York on April 9, 1991.
General Construction Work
Base Bid
Alt #1 Alt #2
Burgio & Campofelice 1,533,079.00 7,185.00 26,773.00
Concept Construction 1,640,000.00 7,555.00 26,000.00
Clarence Associates 1,667,000.00 6,000.00 31,000.00
Westmore Construction1,670,000.00 6,100.00 18,840.00
Gerald T. Stay Co. 1,688,700.00 8,500.00 23,500.00
Nichter Construction 1,692.500.00 5,100.00 19,000.00
New Era Construction 1,717,200.00 5,900.00 19,900.00
BRD, Inc 1,725,000.00 8,520.00
17,420.00
Wilsandra Construction1,733,000.00 5,800.00 30,000.00
Kirst Construction. 1,744,000.00 4,450.00 18,930.00
Ferraina Construction 1,771,000.00 5,882.00 16,000.00
Allstate Maintenance 1,790,000.00 6,600.00 19,950.00
Baker Development 1,800,000.00 8,500.00 30,200.00
Hadala Corp. 1,889,000.00 6,000.00
25,000.00
North Star Construction1,937,858.00 5,775.00 25,320.00
Alternate G-1 was an amount to be added to the Base Bid for new Gymnasium Wall
Padding.
Alternate G-2 was an amount to be added to the Base Bid for New Parking Lot.
Heating & Ventilating Work
Bosch Enterprises, Inc. 153,384.00
Mollenberg-Betz Machine 171,921.00
John W. Danforth Co. 174,842.00
Joe Davis, Inc. 177,842.00
Allied Controls, Inc. 181,000.00
Kellner Mechanical 181,800.00
Moffett Heating Corp. 183,699.00
Plumbing Work
Joe Carino Plmbg & Htg 114,519.00
Ackerman & Huebsch, Inc. 123,279.00
NuMarco, Inc. 127,300.00
JD Plumbing, Inc. 129,889.00
MBI Plumbing, Inc. 132,700.00
John W. Danforth Co. 137,450.00
W.C. Roberson Mechanical 141,700.00
Kandey Co. ,Inc. 143,475.00
Matthew Kandefer, Inc. 151,975.00
Electrical Work
CIR Electrical Const. 87,900.00
Warrens Electric 93,569.00
Weydman Electric 94,394.00
Frey Electric Const. 94,500.00
Goodwin Electric 96,420.00
Gordon & Zoerb Electric 97,290.00
Wittburn Enterprises 104,000.00
Grand Island Electric 107,447.00
Dobkin & Gold Electric 139,990.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - Burgio & Campofelice in the amount of $1,533,079.00
Base Bid plus Alt #1 $7,185.00 and Alt #2 $26,773.00 for a total of
$1,567,037.00.
Heating & Ventilating- Work - Bosch Enterprises, Inc. in the amount of
$153,384.00.
Plumbing Work - Joe Carino Plmbg & Htg in the amount of $114,519.00. Electrical
Work - CIR Electrical Const. in the amount of $87,900.00.
I recommend that Your Honorable body authorize the Commissioner of Public Works
to order the work on the basis of the low bids. Funds for this work will be
available in B/F 200-402-024 - Division of Buildings.
Total Estimate for this work was $2,000,000.00
MR.FAHEY moved:
That the communciation from the Commissioner of Public Works, dated April
9, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award the following contracts to the lowest responsible bidders indicated for
the work of New Building, Old First Ward Community Center:
General Construction Work
(Name Of Contractor)
Burgio & Campofelice - Base Bid $ 1,533,079.00
Alt. #1 7,185.00
Alt. #2 26,773.00
Total $ 1,567,037.00
Electrical Work
(Name of Contractor)
CIR Electrical Construction $87,900.00
Plumbing Work
(Name of Contractor)
Joe Carino Plumbing & Heating $114,519.00
Heating & Ventilating Work
Bosch Enterprises, Inc. $153,384.00
with the total costs thereof to be charged to Bond Fund #200-402-024, in the
Division of Buildings.
PASSED.
AYES-11 NOES-0
No.43
Change in Contract/Change Order #1 Bailey Avenue Reconstruction Contract
#91586000
Destro Brothers Conc.Const., Inc.
Item No. 34, C.C. P. 7/31/90
I hereby submit to your Honorable Body 'the following change in
contract for the above mentioned project.
A decision was made during construction to reconstruct the pavement on
Seneca Street with full depth asphalt in lieu of a concrete base and asphalt
overlay. This change would create a savings to the City of approximately
$10,000.
Concrete Pavement with Asphalt Overlay $68,000
Full Depth Asphalt Pavement $58,000
Savings . $10,000
In order to accomplish this change, I hereby submit the following unit price
addition to the contract.
Item #403.11 Asphalt Concrete Type 1 Base - $32/Ton Installed I hereby certify
that this change order is fair and equitable for the work involved and
respectfully request that your Honorable Body approve the subject change order
and authorize the Commissioner of Public Works to issue said change order to
Destro Brothers Concrete Construction, Inc.
MR.FAHEY MOVED:
That the communication from the Commissioner of Public Works dated April
8, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Destro Brothers Concrete Construction, Inc. in the
amount of a deduction of $10,000, by adding a unit price for Item 403.11 -
Asphalt Concrete Type l Base - $32/ton Installed, to the contract for the
Reconstruction of Bailey Avenue, Contract #91586000.
PASSED
AYES-11 NOES-0.
No.44
Change in Contract
Buffalo Police Memorial
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in
contract for the Buffalo Police Memorial, LCP Construction Corp.
C-91569200:
1. Furnish and install precast concrete pit frame and cover and street
connection for new water meter. ADD$6,760.00
In order to expedite project construction and reduce the amount of the plumbing
costs we are having the General Contractor install plumbing meter pit and valve
with all necessary excavation.
The foregoing change results in a net increase in the contract of Six Thousand
Seven Hundred Sixty and 00/100 Dollars ($6,760.00).
Summary Original Amount of Contract $83,204.00
Amount of this change (No. 1) ADD 6,760.00
Revised Amount of Contract $89,964.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in a Trust & Agency Account No. 630-065-00-000 -
Treasury Division.
I recommend that Your Honorable Body issue a change order to the contractor as
set forth above.
MR.FAHEY moved:
That the Communication from the Commissioner of Public Works dated April
10, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to LCP Construction Corp., in the amount of $6,760.00 for
additional work under the contract for the Buffalo Police Memorial, Contract
C-91569200, with said cost to be charged against Trust & Agency Account
630-065-00-000.
PASSED
AYES-11 NOES-0.
No.45
Change in Contract Reconstruction of Northwest Buffalo Comm Center 155 Lawn
Avenue, Buffalo, NY
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Existing Windows, Northwest Buffalo
Community Center, BRD, Inc. C-91585200:
1. Furnish all labor and materials to
paint windows and trim on all new
windows installed and and third
floor windows, except west elevation. ADD$7,400'. 00
Due to the extremely poor condition of the interior window finishes in certain
areas, painting of these surfaces should be done to complete the project.
The foregoing change results in a net increase in the contract of Eleven
Thousand and 00/100 Dollars ($11,000.00).
Summary Original Amount of Contract $165,765.00
Amount of this change (No. 1) ADD 7,400.00
Revised Amount of Contract $173,165.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-035 Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
MR.FAHEY moved:
That the communication from the Commissioner of Public Works dated April
10, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to BRD, Inc., in the amount of $7,400.00 for additional
work under the contract Reconstruction of the Northwest Buffalo Community
Center, with said cost to be charged against Bond Fund 200-402-035 in the
Division of Buildings.
PASSED
AYES-11 NOES-0
No.46
License Agreement
University Heights Community Center
Attached please find the proposed License Agreement between the
City of Buffalo, Concept Construction Corporation and Bernhard J. Huber. The
License Agreement will permit the City and Contractor to enter onto the
premises adjacent to the new University Heights Community Center in order to
underpin the foundation walls of the adjacent structure. This underpinning is
required due to the fact that the basement of the new Center is lower than the
footing of the adjacent structure.
The costs associated with this License Agreement are currently estimated at
$3,240.00, but may escalate if the Agreement is delayed. It is respectfully
requested that Your Honorable Body authorize the Commissioner of Public Works
to execute this Agreement on behalf of the City of Buffalo for a total cost not
to exceed $5,000.00. The costs have been reviewed by the Corporation Counsel's
Office and found to be fair and reasonable for the expenses associated with
this type of License.
Funds for this Agreement are available in CPF 200-402-518.
MR. FAHEY moved:
That the Commissioner of Public Works be and he hereby is authorized to
execute a License Agreement between the City of Buffalo and Bernard Huber to
underpin the foundation walls of the adjacent structure to the new University
Heights Community Center for a total cost not to exceed $5,000.00 and that said
funds shall be charged to CPF 200-402-518.
PASSED.
AYES-11 NOES-0
No.47
York State Occupational Safety
& Health Training & Education
Program Grant
We have been notified by the New York State Occupational Safety
and Health Hazard Abatement Board that we have been elected to receive a
$75,000 grant to conduct an employee safety and health training project. We had
a similar grant during the 1989-90 year, during which a Hazard Co~nication
Employee Handbook was prepared, and civilian and Fire Department employees
received initial training in hazardous materials.
The new grant is for the 1991-92 year, and will include training
100-150 supervisors and department heads, audit and identification of
compliance or deficiencies of city facilities, and training of employees to
comply with 0.S.H.A. Standard 1910.120 relating to emergency response to
hazardous materials incidents.
Permission is requested from your Honorable Body to execute the grant
agreement with the State of New York, and a Memorandum of Agreement with Risk
and Technical Management Inc., the subcontractor who will handle the training
under the grant program.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMSSIONER OF FIRE.
No.48
415 Sycamore Street Requests
Permission to Encroach City Right of Way
Mr. William Weaver, owner of Arrow Sheet Metal Works, Inc., located
at 415 Sycamore Street, has requested permission to install three (3) doors
which when opened would encroach City right of way at said address.
The existing building is being renovated and subdivided to accommodate a
new tenant, Natural Fuel Change Over, and therefore, must meet all applicable
building codes. The proposed doors would measure approximately four (4) feet
in width and encroach four (4) feet of City right of way when fully opened.
The Department of Public Works has reviewed Mr. Weaver's application
pursuant to Chapter 413 Section 67 (Encroachment Regulations) and has no
objection to Your Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for said installation provided the following
conditions are met:
1. That the applicant obtain any and all other City of
Buffalo permits necessary for said installation.
2. That the door be installed exactly as shown on plans
submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the applicant supply the City of Buffalo with
a $5,000.00 construction in street bond which will indemnify and hold harmless
the City of Buffalo against any and all loss or damage caused by the
installation, use and removal of said door.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
CORPORATIO COUNSEL.
No.49
The Shebeen, 252 Delaware Avenue,
Requests Permission to Install
Sidewalk Cafe
Mr. Michael J. Duane, Owner of The Shebeen, a restaurant located
at 252 Delaware Avenue, has requested permission to install a sidewalk cafe
which would encroach City right of way at said address.
The proposed cafe would measure forty-three (43) feet in length and
project eight (8) feet from the building face into City right of way.
The Department of Public Works has reviewed Mr. Duane's application
pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a 'Mere License" for installation of said sidewalk cafe provided
the following conditions are met:
l. That the applicant obtain any and all other City of Buffalo pernits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed forty-three feet in length or
extend more than eight feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right of way from
Movember 15 to April l each year.
6. That the applicant be assessed the annual fee of one dollar per square
foot of City right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
CORPORATION COUNSEL.
No.50
E.Smith-Prohibit Flashing Traffic Light
Suffolk & Easton
Item No. 119, C.C.P. 03/19/91
This is in response to the above mentioned Common Council Item.
A check of Police Accident Reports for the intersection of Suffolk and Easton
shows two (2) accidents in the past four (4) years during the hours of 11:30PM
and 6:00AM.
After 11:30PM this signal changes from a regular pre-timed signal to a
flashing red indication for Easton and a flashing yellow indication for
Suffolk. Drivers should remember a flashing red indication is the same as a
stop sign.
Our Department will install a "No Standing Here to Corner" on ~ston to
help keep visibility clear for drivers exiting Easton.
We do not feel changing the signal is justified.
REFERRED T0 THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF POLICE
No.51
Piper Street
[tem No. 210, C.C.P. 03/19/91
The Police Department has no objection to the sale/abandonment
of Piper Street, which is a small street off Amherst Street near Grant Street.
The street area is apparently part of the land to be used for a new Tops
Supermarket and has already been fenced off by the developer.
RECEIVED AND FILED
No.52
SALARY ORDINANCE AMENDMENT: POLICE
Item No. 208, C.C.P. 03 19/91
Enclosed you will find a list of names of the Acting Detectives
in the Buffalo Police Department.
There are 82 such names on the list. We are requesting that you create 85
positions because we need 3 more Detective jobs which are mandated under the
new COMBAT Grant now in place.
Our closest figures show that the cost of this entire operation would be about
13,500 dollars.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.53
E.SMITH-PROHIBIT FLASHING
TRAFFIC LIGHT SUFFOLK/EASTON
ITEM # 119, C.C.P. March 19, 1991
After consulting with Captain Micheal Gaspar, Commanding Officer
of Pct. # 16, we find no reason whatsoever for the traffic signal on the corner
of Suffolk and Easton, to change to a flashing yellow and red light at 11:30
P.M. Let the record show that we have no objection to it being totally
activated at all times.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No.54
RENAMING STREET
-ST. STEPHENS PL.
I would like to propose a name change on the section of street
that exists between the foot of Bolton Place and the foot of Harvey Place in
Buffalo N.Y.
The proposed name change is especially necessary to eliminate confusion
on tlie part of police. fire and rescue teams responding. to service calls.
This section of roadway has been without designating street signs for in excess
of 30 years, and has no known identity amongst local residents.
My research of official city maps indicate that the section of street in
question was named "St. Stepliens Place!' due to the fact that two
non-contiguous roadways are also known as St. Stephens Place, I believe an
independent identity is in order to resolve confusion. I hereby propose
renaming this section of roadway to Buffalo River Place.
Your attention to this matter is greatly appreciated
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF FIRE AND THE COMMISSIONER OF PUBLIC WORKS.
No.55
RESPONSE TO I.A.C.P. REPORT
In response to the letter from Mr. LoVallo, your Chief of Staff,
wherein he asks for our comments and assessments in relation to the IACP
report, I would like to see the following points addressed by your honorable
body:
l. Consolidate the current structure of 14 precincts into 4 districts or
area commands. One on the south side, one on the west side, one on the north
side and one on the east side.
2. Establish a minimum of 60 hours of college credit for appointment as a
Police Officer.
3. A full time Legal Advisor should be assigned to the Department.
4. Eliminate from the charter and the labor agreement those provisions which
clearly impair and undermine leadership and management authority. This applies
especially to the 44 Officer mandate for each precinct.
5. Establish mandatory drug testing.
6. Establish a psychological examination as a mandatory component of the
Police Officer selection process.
I also am of the opinion that the Council could help in implementation of
the following points:
1. Establish straight shifts; eliminate the present double back procedure
wherein Police Officers work 16 hours within a 24 hour period.
2. Establish the use of 1 person vehicles along with a mix of 2 person and 1
person vehicles.
3. A separate bargaining unit for supervisors is necessary. At present,
supervisors' loyalties are split between the Union and Management. At the very
least, those of the rank of Captain and above should be exempted from the
Union.
4. Transfers should be at the discretion of management and not based on
seniority. Seniority is rarely related to ability. The assignment of Officers
to positions should be based upon that Officer's ability and the requirements
of the assignment and not on years in grade.
REFERRED TO THE POLICE REORGANIZATION COMMISSION
FROM THE CORPORATION COUNSEL
No.56
Petition for Approval of Certificate of Amendment of the Certificate of
Incorporation of Broadway Market Management Corporation
Item No. 88 C.C.P., April 2, 1991
The above-referenced item has been referred to the Committee on
Finance and this office. It is a request for Common Council approval of an
amendment to the Certificate of Incorporation of the Broadway Market Management
Corporation ("BMMC").
We have conferred with counsel for the Broadway Market Management Corporation
and have been advised that the BMMC wishes to apply for exemption from Federal
Income Tax as a Section 501 (c) (4) corporation, and that these amendments to
the Certificate of Incorporation are necessary to enable it to qualify for that
tax exemption. We recommend approval of these amendments to the Certificate of
Incorporation.
RECEIVED AND FILED.
No.57
WROTB NOTICE OF CHANGE IN RULES/REGULATIONS
This item is an official notice of a change in the rules and regulations
of Western Regional Off-Track Betting Corp (WROTB). We have conferred with the
counsel to WROTB, and have determined that they were sent to the City Clerk in
error. Section 503(11)(b) of the Racing, Pari-Mutuel Wagering and Breeding Law
requires them to be filed with the County Clerk, not the City Clerk. It would
be apprropriate for Your Honorable Body to receive and file this item.
RECEIVED AND FILED
No.58
Elmwood Commercial Center Request to place a pole sign at 2050 Elmwood Ave.
Item No. 124, C.C.P., March 19, 1991
The above item has been referred to the Committee on Legislation,
the Commissioner of Inspections and Community Revitalization, the Commissioner
of Assessment and to this Office for comments. It is a recommendation from the
Planning Board for approval -of a permit for Elmwood Commercial Center to place
a 16 foot by 17 foot illuminated accessory pole sign to an eight screen movie
house located at 2050 Elmwood Avenue.
The pole sign in question is permitted under the existing hI Zoning. The
applicant has followed the process for approval outlined in Section 387-19 of
the Buffalo Code and obtained the recommendation of the Planning Board. The
application should be approved.
REFRRED T0 THE COMMITTEE ON LEGISLATION
No.59
Request for Variance-426 Franklin St.
Item No. 102, C.C.P., April 2, 1991
The above item was referred to this Office. It is a request to
Your Honorable Body for relief from certain building codes regarding the
property at 426 Franklin Street.
Prior to the City's adoption of the New York State Uniform Uuilding Code
on July l, 1985, building codes were contained in the iormer Chapter XII of the
Ordinances. With the adoption of the State code, requests for variances are
now forwarded to New York State. -However, in this instance, New York State has
informed this owner that variance cannot be granted by its Board of Review
because the conditions were present prior to Buffalo's adoption of the Code.
Please note, however, that before the adoption of the State Code, section
223 of former Chapter XII of the Ordinances allowed variances from local codes
to be granted by the Common Council if a joint communication from the
Departments of Public Works and Inspections and Community Revitalization
recommended such a variance, and specified under what conditions such a
variance should be granted by the Council.
Since the conditions pre-exist the City's adoption of the Code, it is my
opinion that Your Honorable Body still retains the inherent power to grant a
variance under former Section 223. Therefore, Isuggest you refer this item to
the Commissioner of Public Works. He Bill then issue a joint communication to
Your Honorable Body including 1115 recommendations. At that point, Your
Honorable Body may grant an Uppropriate variance.
RECEIVED AND FILED.
No.60
Anthony Dipiano - Return to Work Item No. 93, CC.P:, April 2, 1991
The above item was referred to the Civil Service Commission, the
Committee on Civil Service, the Commissioner of Street Sanitation and this
Office. It is a communication from Dr. John F. DiPersio, M.D. regarding the
return to work of Anthony Dipiano. Mr. Dipiano underwent a bone marrow
transplant, and Dr. DiPersio, his physician, states that he is able to return
to work in the Streets Department.
We have had some preliminary discussions with the staff of the Civ.il
Service Commission about this. Some complicated issues arising under federal
law regarding handicapped persons may be involved here. A meeting will be
scheduled in the near future with the staff of the Civil Service Commission,
the Streets Department, Local 264 and this office to try to reach a reasonable
accommodation
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.61
Town of Evans Reply - Req. Tax Exempt Bennett Beach
Item No. 103, C.C.P., 4/2/91
This correspondence is in response to a request for our office's
recommendations and/or comments on the Town of Evans' determination regarding a
draft of a lease with a private vendor for the operation of Bennett Beach. Our
initial response to the Town of Evans' determination is two fold.
Foremost, the City is still involved in negotiations with the proposed
vendor, Olympic Management Systems, Inc./Snyder Corporation for the operation
of the beach. The finalized lease agreement shall be duly submitted and filed
by April 26, 1991 with Your Honorable Body for review and approval. Therefore,
although the Town's prompt reaction and input is appreciated, it appears that
the Town's determination based upon these facts alone is somewhat premature at
this time. Given the state of lease negotiations herein, the City may consider
asking the Town of Evans to hold its determination on this matter until a lease
may be finalized by the parties and duly submitted herein.
Secondly, tO address the merits of the Town of Evans apparent
determination as to the status, our office would first like to provide some
background information on this issue. As you are aware, the City has
previously requested tax exempt status from the Town of Evans, pursuant to Real
Property Tax Law 406(2). This section provides that real property owned by a
municipality not within its corporate limits while used for a public park shall
be exempt from taxation by any municipal corporation which it is located,
provided that the governing board so agrees in writing. A resolution is
sufficient to constitute a written agreement.
On or about July 23, 1990, the Town of Evans granted the City tax exempt
status provided that the property be used as a public park, open and accessible
to all citizens. Based upon all communication received by this office,
including the Council's own resolutions regarding the use of this property, it
is clear that the City has expressed its intention to operate, use and open the
property as a "public park" in accordance with the Town's resolution.
Apparently, the Town's rationale for a denial of tax exempt status is
based upon the operation of the park by a private vendor, even though it shall
be operated as a public facility. However, based on case law, a public
facility leased to a private party would not defeat the real property tax
exempt status of a property, if the overall use deemed to be in the public
interest. The criteria for determining what is a "public interest" is that the
property must be held and open to the public for its use. Therefore, it
appears that a strong factual basis may plausibly exist to contest such a
determination. Lastly, as a procedural note, Commissioner Comerford's office
referred this item to our office for our recommendations on this item which we
duly submitted herein.
REFERRED TO THE COMMITTEE ON FINANCE
No.62
Request for Investigation by
Board of Ethics
Item No. 207, C.C.P., April 2, 1991
The above-referenced item has been referred to the Committee on
legislation, the Board of Ethics and this Office. It is a resolution bly
Council Member Coppola requesting a Board of Ethics investigation of the
indictment handed down as a result of the recent Federal Grand Jury
investigation of certain Parks Department matters.
Please be advised that it is the policy of the Corporation counsel not to
comment on any matter that has been referred to the Board of Ethics. This is
because the Corporation Counsel is a member cf the Board of Ethics and it would
not be proper for him to iompromise his position or that of the Board by
commenting beforehand on matters before the Board.
REFERREDTOTHECOMMITTEE ON LEGISLATION
No.63
Req. Appt. of Corporation Counsel as mandated,
Item No. 206, C.C.P., 4/2/91
The above matter was referred to your Committee on Legislation,
the Comptroller, and to this office for comment. As you are aware, the Mayor
designated me acting Corporation Counsel pursuant to the provisions of Section
303 of the Charter. I had previously been appointed to the position of Deputy
Corporation Counsel, a position provided for in Section 303 of the Charter, but
which is not now funded. My salary is presently that of an Assistant
Corporation Counsel, the position I held before appointment to Deputy
Corporation Counsel, and it is the budget line for Assistant Corporation
Counsel from which I am paid.
REFERRED TO THE COMMITTEE ON LEGlSLATION
No.64
HOME RULE MESSAGE ASSEMBLY BILL #4042, SENATE BILL #2679 AN ACT AUTHORIZING THE
CITY OF BUFFALO TO ABANDON AND DISCONTINUE THE USE FOR PARK PURPOSES CERTAIN
LANDS HERETOFORE DEDICATED TO PARK PURPOSES
Item No. 210, C.C:P., April 2, 1991
The above-referenced item has been referred to the Committee on
Economic Development, the Commissioner of Inspections and Co-unity
Revitalization and this Office. It is a resolution by Council Members Pitts
and Fahey requesting passage of Assembly Bill #4042 and Senate Bill #2679 which
relate to "An Act authorizing the City of Buffalo to abandon and discontinue
the use for park purposes of certain lands heretofore dedicated to park
purposes". The specific question which we have been asked to address is
whether Sullivan Park on Sidway Street, which will be abandoned as parkland and
used for new housing construction under this resolution, will be replaced with
new parkland at another location in the vicinity.
Please be advised that Section 3 of the above-referenced bill provides
that:
"3. Any proceeds from the sale of the above-described tract of land, or
if the land will be used by the City of Buffalo for a public purpose, a sum
equal to its fair market value, shall be used for the acquisition of parklands
by the City of Buffalo or for capital improvements to the parklands of the City
of Buffalo."
Furthermore, in the resolution passed by Your Honorable Body at Item No.
288, C.C.P., September 18, 1990, you provided:
"That this Honorable Body requests that the Department of Community
Development in conjunction with the Department of Parks work to acquire and
develop for park and playground use the vacant parcels behind the Father John
Conway Playground on Louisiana Streets as replacement for Sullivan Park
Both the bill and your prior resolution provide that this land is
replaced with other land for park and recreational use in the First Ward
neighborhood. The bill also provides in the alternative that a sum equal to
the fair market value be used for capital improvements in parks in Buffalo.
Since this bill was introduced into the State Legislature at the request of
Your Honorable Body, we recommend that you pass this Home Rule Message at this
time so that we can forward it to the Home Rule Counsel while the Legislature
is still in session.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.65
Claims Committee Item C-3
"Thomas Cleary-Professional Services-
Softball Investigation"
Item No. 109, C.C.P., 4/2/91
This replies to your inquiry about the referenced matter. The
Department of Law reviewed Mr. Cleary's statement for services. In the course
of that review we had a number of questions concerning the matter. On several
occasions we attempted unsuccessfully to discuss our concerns with Mr. Cleary.
We notified his office of the Claims Committee meeting and expected that Mr.
Cleary or his representative would have been present to answer our questions
and any that the Committee might have had. As you are aware, neither Mr.
Cleary nor his representative appeared at the meeting and there are a number of
unresolved questions concerning his claim. We, therefore, withdraw our
recommendation that it be paid.
REFERRED TO THE COMMITTEE ON CLAIMS
No.66
N Ryan Request City Pay Present
and Future Medical Bills
Item No. 101, C.C.P., April 2, 1991
The above communication from Nancy Ryan to Council Member Collins,
dated February l, 1991, was filed with the Common Council on April 2, 1991 and
referred by Your Honorable Body to this office for an opinion.
The letter does not state when, where or how Ms. Ryan was injured, nor
under what theory she thinks the City of Buffalo should be liable for her
medical bills. Nor is it sworn. As such, it is not a valid Notice of Claim as
required by Section 50-e of the General Municipal Law.
Since there was no phone number with the letter, we have written to Ms.
Ryan advising her of the necessity of filing a Notice of Claim and the proper
procedure to follow to get help in completing the Notice.
REFERRED TO THE COMMITTEE ON CLAIMS
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.67
Request to place bus shelters at various locations.
Item No. 37, C.C.P., April 2, 1991.
The City Planning Board at its regular meeting held Tuesday, April
9, 1991, considered the above matter pursuant to Section 317.1 of the City
Charter and Section 413-1 of the Buffalo Code.
The request emanates from Niagara Frontier Transportation Authority and
involves the placement of four bus shelters at the following locations in city
rights-of way:
1. the southwest corner of William at Babcock (outbound)
2. the northwest corner of William at Babcock (inbound)
3. the southeast corner of Smith Street at Seneca (northbound)
4. the southwest corner of Sycamore at Oak (outbound)
None of the proposed shelters are ~pected to be used for advertising
purposes. Under S..Q.R., the proposed shelters would be considered a Type II
action which does not require environmental review.
The Planning Board voted to approve the placement of the bus shelters.
RECEIVED AND FILED
No.68
Request to encroach onto
right-of-way at 484 Elmwood Avenue with
an entry door.
Item No. 39, C.C.P., April 2, 1991.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAHEY MOVED
That the communication from the Commissioner of Community Development,
dated April 9, 1991 be received and filed; and
That Item No.39, C.C.P., April 2, 1991, "Request to Encroach Onto
Right-of-Way at 484 Elmwood Avenue With an Entry Door" is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.69
Report of Bids
J.F.K. Playground Improvements
Item No. 61, C.C.P. 03/21/89
I have asked for and received the following proposals for the
J.F.K. Playground Improvements on April 9, 1991:
CONTRACTOR BID
FEDDINGTON-ALLEN $ 23,950
AMERICAN PAVING 25,262
GLEASON 26,314
L.C.P. 28,800
GREAT LAKES `29,978
B.D.R. 32,117
BIRCH GROVE 32,933
G.B.H. PAVING 34,674
I hereby certify that the foregoing is a true and correct statement of
all bids received, and that Feddington-Allen, 70 Hawkins Avenue, Hamburg, New
York 14075, in the amount of the base bid of $23,950, is the lowest responsible
bidder in accordance with the plans and specifications.
In addition to the base bid of $23,950, we are accepting unit prices for
one seesaw ($2,580) and one bench ($890) for a total contract cost of $27,420.
I recommend that Your Honorable Body authorize the City to order the work
on the basis of the low bid. Funds for this work are available in Bond Fund
200-402-048.
MR. FAHEY MOVED
That the communication from the Commissioner of Community Development be
received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for J.F.K. Playground Improvements to
Feddington-Allen, the lowest responsible bidder, in the amount of $23,950.00
base bid, plus unit prices of $2,580.00 for one seesaw and $890.00 for one
bench, for a total contract price of $27,420.00, with said cost to be charged
against Bond Fund 200-402-048.
PASSED
AYES-11 NOES-0
No.70
Report of Bids -
Street Tree Planting - 1991
As authorized by Your Honorable Body, Item No. 71, C.C.P. March
13, 1991, I advertised for and received the following sealed proposals for
Street Tree Planting - 1991 which were publicly opened and read on April 3,
1991:
BIDDER BASE BID
Birch Grove Landscaping & Nursery, Inc. $ 15,540
P.O. Box 117
East Aurora, New York 14052
Gleason's Nursery Inc. 16,552
4780 Sheridan Drive
Williamsville, New York14221
Great Lakes Landscaping. 19,630
4248 Ridge Lea
Amherst, New York 14226
Pine Ridge Nursery, Inc. 27,290
7135 Davis Road
West Falls, New York 14170
Feddington-Allen, Inc. 47,025
70 Hawkins Avenue
Hamburg
3 New York 14075
Designer's Estimate $ 19,000
The foregoing is a true and correct abstract of all bids received and
Birch Grove Landscaping & Nursery, Inc. is the lowest responsible bidder in the
amount of $15,540. Funds are available in Capital Project Account 200-717-060.
I therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by Birch Grove
Landscaping & Nursery, Inc. in the base bid amount of $15,540.
MR. FAHEY MOVED
That the communciation from the Commissioner of Community Development
dated April 3, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Street Tree Planting - 1991 to Birch Grove Landscaping &
Nursery, Inc., the lowest responsible bidder in the amount of $15,540, with
said cost to be charged against the Capital Project Account 200-717-060.
PASSED.
AYES-11 NOES-0
No.71
Report of Bids -
Walden Park Improvements
As authorized by Your Honorable Body
3 Item No. 50, C.C.P. March
19, 1991, I advertised for and received the following sealed proposals for Walden Park Improvements which were publicly
opened and read on March 26, 1991:
BIDDER BASE BID
Birch Grove Landscaping & Nursery, Inc. $109,735
P.O. Box 117
East Aurora, New York 14052
Gleason's Nursery, Inc. 110,479
4780 Sheridan Drive
Williamsville, New York14221
Nichter Associates, Inc. 117,000
2153 Niagara Street
Buffalo, New York 14207
B.D.R., Inc. 129,644
5-3480 Benzing Road
Orchard Park, New York 14127
Designer's Estimate $ 95,000
The foregoing is a true and correct abstract of all bids received and
Birch Grove Landscaping & Nursery, Inc. is the lowest responsible bidder in the
amount of $109,735. Funds will be available in Parks Department Capital
Project Account 200-601-035.
I therefore, recommend that Your Honorable Body authorize the
Commissioner of Parks to order the work by Birch Grove Landscaping & Nursery,
Inc. in the base bid amount of $109,735.
MR. FAHEY MOVED
That the communciation from the Commissioner of Community Development
dated April 5, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Walden Park Improvements to Birch Grove Landscaping &
Nursery, Inc., the lowest responsible bidder in the amount of $109,735, with
said cost to be charged against the Parks Department Capital Project Account
200-601-035.
PASSED.
AYES-11 NOES-0
No.72
Report of Emergency Bids
Coast Guard Station Walkway
Reconstruction
Due to a very hazardous condition at the storm-damaged public
walkway at the Buffalo Coast Guard Station, this Department received emergency
bids. The walkway is presently closed due to missing pavers and the potential
liability that could result. The results of the bids that were opened and read
on April 3, 1991 are as follows:
BIDDER BASE BID
Nichter Associates, Inc .$ 8,430
2153 Niagara Street
Buffalo, New York14207
GBH Paving $10,075
356 Sunrise Boulevard
Williamsville, New York14221
LCP Construction Co. No Bid
589 Northland Avenue
Buffalo, New York14211
Campobello Construction Co., Inc. No Bid
3170 Delaware Avenue
Kenmore, New York14217
American Paving & Excavating, Inc. No Bid
5880 Thompson Road
Clarence Center, New York 14032
Designer's Estimate $ 6,750
The foregoing is a true and correct abstract of all bids received and
Nichter Construction Co., Inc., is the lowest responsible bidder in the amount
of $8,430. Funds are available in Capital Project Account 200-717-077.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by Nichter Construction
Co., Inc., in the amount of $8,430.
MR. FAHEY MOVED
That the communication from the Commissioner of Community Development dated
April 9, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for emergency reconstruction of Coast Guard Station Walkway to
Nichter Associates, Inc., the lowest responsible bidder in the amount of
$8,430.00, with said cost to be charged against the Capital Project Account
200-717-077.
PASSED.
AYES-11 NOES-0
No.73
Change Order #1 - Telephone
System East Clinton Senior
Center
I herewith submit to Your Honorable Body the following change
in contract with AT&T for work related to the telephone and paging system at
the East Clinton Senior Center:
1) Furnish and install all related conduit, wiring, terminals and (4) Merlin
Plus telephones for the 3rd floor office space at 1800 Clinton.
ADD $ 1,905.00
2) Furnish and install all related conduit, wiring, terminals and (7)
speakers for a paging-intercom system throughout the building.
ADD $ 2,093.80
TOTAL ADD $ 3,998.80
The preceding work items are necessary to complete the phone system and
provide paging capability throughout the building including a P.A. system for
the main dining area. The necessary funds are available in Bond Fund
#200-717-040.
A contract summary is as follows:
Original Contract Amount $ 6,789.72
Change Order #1 3,998.80
Revised Contract Amount $10,788.52
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a change order to AT&T as set
forth above.
MR. FAHEY MOVED
That the communication from the Commissioner of Community Development dated
April 11, 1991, be and the same hereby is received and filed; and
That the Commissioner of Community Development be and hereby is authorized to
issue a change order to AT &T in the amount of $3,998.80 for additional work
relationg to the telephone and paging system at East Clinton Senior Center,
with said cost to be charged against Bond Fund #200-717-040.
PASSED
AYES-11 NOES-0
No.74
Place a non illuminated ground sign at 25 Summer Street.
Item No. 105, C.C.P., April 2, 1991.
Attached for your review is the Short Environmental Assessment
Form for the matter captioned above . Please note that the Planning Board
voted to deny the proposed sign mentioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.75
Community Wide Urban Renewal
Homestead Program - Plan Supplement.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.76
A. DeCorse-Naval Park Sculpture Item #91, C.C.P. April 2, 1991
Please be advised that what I said tO Mr. DeCorse was that I would
not recommend individual monuments to individual branches Of the service. I am
concerned that this would set a precedent which could lead to a proliferation
of monuments and detract from the dignity of the park.
REFERREDTOTHECOMMITTEEON LEGISLATION
No.77
Acquisition L.L. Bergers Department Store Real Property (500-518 Main Street
and 11-13 W. Mohawk Street)
As you know, L.L. Bergers Department Store is going out of business.
It is my recommendation that the Buffalo Urban Renewal Agency acquire the
downtown real estate which comprised the Bergers store for the price of
$1,735,000. This property's strategic location demands that public control of
it be exercised so that it does not lie vacant and deteriorate and be a
blighting influence on Main Street. We must be in a position to make every
effort possible to ensure that it is eventually redeveloped to its highest and
best use consistent with the successful completion of the Main-Genesee Urban
Renewal Program. (Downtown Entertainment District Urban Renewal Plan Phase I
I).
Subject to the approval of the Common Council, this acquisition will be
financed by the Community Development Block Grant Section 108 Loan Guarantee
Program. Carrying costs (debt service until sale, insurance, utilities, staff,
etc..) for the first one to two years are available in the 17th year Community
Development Block Grant Downtown Retail Development budget line. A detailed
budget is attached for your information.
A portion of this property has, for all intents and purposes, already
been purchased by the Buffalo Enterprise Development Corporation by reason of
its $485,000 first mortgage lien on the West Mohawk Street parking lot. This
lien, which results from a loan financed by Section 108 funds, would be
assigned to BURA by BEDC.
The balance of the acquisition price financed with a new Section 108 loan
would be comprised of the following:
(l) $250,000 cash payment to the "Stewart Estate", owners of fee simple title
to the 514-518 Main Street Building (L.L. Bergers store being comprised of a
series of connected buildings, the one closest to the Hyatt having been leased
to Bergers since 1928);
(2) $750,000 cash payment to Berger Properties, Inc. (a real estate holding
company which is not in bankruptcy);
(3) $250,000 promissory note from BURA to Berger Properties, Inc., payable
over a three to five year period on terms to be negotiated.
In addition, Berger Properties, Inc. will release two claims it has
against the City, one for prior year tax assessments and one in connection with
the construction of the Fountain Plaza-Convention Center Walkway. The bridge
occupies a portion of the former Genesee Street R.O.W. which Bergers had used
for ingress and egress.
Independent appraisals done in 1989 and 1990 have estimated the value of
this real estate at between $2,025,000 and $2,337,500. The property has an
assessed valuation of $1,457,600 based upon the 1986 revaluation.
City, County, and Special District taxes and service charges will be
brought current by BURA. Future parking lot revenues will go to BURA. BURA will
arrange for insurance, maintenance, security and utilities for the property.
The attached budget addresses these items.
Funds have also been set aside for staff and consultant services in connection
with this project. Our immediate plan is to secure the property and provide
window treatment for the Main Street storefront in conjunction with Buffalo
Place and the Hyatt Hotel. Long-term planning will be undertaken, possibly in
conjunction with Paul Snyder, to determine the most appropriate and feasible
re-use of the property. A number of persons in the developmental field, both
locally and from Canada, have suggested a mixed use approach, combining retail,
office and residential components. We will endeavor to save the $1 million UDAG
awarded to another development proposed for this building but never used.
To the extent practical and cost-effective, we will endeavor to lease the
property. However, given the size of the property and the lack of a long-term
plan for the property at this time, short-term rentals for limited amounts of
space may not be viable.
One long-term goal is clear-to realize sufficient proceeds from sale or
long-term lease of the property to cover property operating costs and debt
service (principal and interest payments) on the Section 108 loans. To
maintain flexibility, we are requesting a 20 year term with level amortization
on the new 108 loan.
This acquisition is subject to a number of conditions, namely,
l. Approval by BURA
2. Approval by the Common Council
3. Contracts of Sale acceptable to BURA Legal Counsel (Richard Dopkins, Esq.
will be acting as special counsel in this matter)
4. Approval by the United States Bankruptcy Court as may be necessary
5. Clear title
6. Availability of funding through the Section 108 Loan Guarantee Program.
Your approval of authority to proceed with acquisition as set forth above
is respectfully requested. This morning the Buffalo Urban Renewal Agency gave
me authority to so proceed.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.78
Community Wide Urban Renewal Homestead Program
Fillmore-South New Housing Project
747-49 Sycamore, 790-92 Fillmore,
114-16 Guilford & 228 Stanislaus
MJ Ogiony Builders, Inc.
The City of Buffalo Urban Renewal Agency duly designated MJ Ogiony
Builders, Inc., and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Bearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a resolution
authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.79
Community Wide Urban Renewal Homestead Program Monroe Street New Housing
Project 193-215 and 218-222 Monroe Street AW Development, Inc.
The City of Buffalo Urban Renewal Agency duly designated AN Development,
Inc., and/or a joint venture, partnership, corporation or other legal entity to
be formed as the qualified and eligible Redeveloper for the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper
1 which the
Agency has designated as being qualified and eligible.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
No.80
HOME RULE MESSAGE - ASSEMBLY BILL 4042, SENATE BILL 2679 - ABANDON AND USE FOR
PARK PUROSES AREA COMMONLY KNOWN AS SULLIVAN PARK.
#210, CCP 4/2/91
Pursuant to your Honorable Body's adoption of Item #288, CCP 9/18/90,
the State Legislature was memorialized for the purpose of introducing the
subject Senate and Assembly Bills. Inasmuch as enactment of the proposed State
Legislation will enable the City to utilize the area commonly known as Sullivan
Park for new housing sites in conjunction with our affordable, subsidized, new
housing prcgram, I hereby urge your approval of the subject Home Rule Message
in favor of both bills. You may be assured that we will do everything possible
to expedite development of the replacement "Father John Conway" playground
site, i.e., on which the memorialization was conditioned.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.81
Difference in Pay Local 282
Enclosed please find a Memorandum of Agreement between the City
and Local 282 which would provide a difference in pay for up to six months to
those employees who have been activated as a result of Operation Desert Shield
or Operation Desert Storm.
Your approval is respectfully requested.
MR. FAHEY moved;
That the Communication from the Commissioner of Administration and
Finance be received and filed; and
That the Commissioner of Administration and Finance and the Director of
Labor Relations be, and they hereby are, authorized to signaMemorandum of
Agreement with Local 282, Buffalo Professional Firefighters Association, Inc.
providing for a difference in pay for up to six months to those employees who
have been activated as a result of Operation Desert Shield or Desert Storm.
PASSED
AYES-11 NOES-0
No.82
Approve Early Retirement For Eligible
Municipal Employees
Resolution #204, C.C. P. April 2, 1991
This office was requested to review the above referenced item
and submit a cost benefit analysis relevant to the proposed Local Law. The
resolution directs the Corporation Counsel to draft a Local Law which would
enable eligible City of Buffalo Municipal City employees to participate in an
early retirement option similar to that provided to State employees by Chapter
935 of the Laws of 1990.
This proposal was discussed with a number of Legislators and staff people
on a recent trip to Albany. Through those discussions I have learned that the
retirement incentive provided by Chapter 935 of the Laws of 1990 related to a
temporary program. The Legislature is still in the process of developing a
retirement incentive plan for this year and no details are available on what
the employer's cost to participate will be. However, it was made clear that
unless the incentive program mandated the elimination of the job from which a
person was retiring, the program would cost, rather than save the City money to
participate in it. It was suggested there was greater potential for
savings if this program was adopted by the Board of Education because of the
difference in salary of a new teacher compared to a teacher eligible for
retirement who had reached the maximum salary level.
One estimate of the cost of the incentive was 30% of the retiree's final
average salary. In the City of Buffalo there are no employees who are members
of ERS with a 30% salary difference from the minimum to the maximum. However,
members of the Teachers Retirement System commonly have a difference in salary
of more than 100% from the minimum to the maximum step.
Other restrictions that have been mentioned about the State's retirement
incentive plan are:
l) The program is restricted to targeted employees approved by the head of
the agency and the Director of the Budget.
2) The job would have to be eliminated upon the incumbent's retirement.
3) In the case of Buffalo employees, the City would still incur the cost of
100% of health insurance cost for retirees.
To summarize
1 the State is still working on the details of an updated retirement incentive plan but it
appears that such a plan would not be cost effective for City employees unless there was no intention to replace the
individual who is retiring. This office will monitor the State's action and keep Your Honorable Body informed of any
developments that would appear to be beneficial to the City of Buffalo.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.83
Request Report on Status of Hurd Bond Issue"
Item #197, C.C. P. April 2, 1991
The above referenced item has been referred to this office for
a response. It is a request for a report on the status of the $23 million Hurd
refund bond issue.
On January 30, 1991, Governor Cuomo announced that he was submitting
legislation to deal with the Hurd problem faced by the cities of Buffalo and
Rochester. The Governor's proposal permits the issuance of bonds by the State
Municipal Bond Bank Agency with the understanding that the State and cities
will share in the debt service costs of the bond out. The Governor's proposal
includes a $2.5 million annual State appropriation which would be distributed
proportionately to Buffalo and Rochester. For a 25 year bond issue it is
estimated that the annual payments for the City of Buffalo's share of the bond
would amount to $2.1 million requiring approximately $1.1 million of City funds
and $1 million of State funds. The Governor's proposal is now in the form of a
budget bill (52922 and A4422) and is awaiting action by both houses of the
Legislature. Assemblyman Hoyt and Senator Volker have taken the lead in
requesting their legislative bodies to separate this bill from the balance of
the State budget legislative process.However, their efforts so far have not
been successful. It's
esssential
that these bills be passed by the State
before the City can
make
a commitment to provide refunds to its
property taxpayers.
At the most recent Hurd Steering Committee meeting on April 8, 1991,
Price Waterhouse submitted an updated payment schedule to demonstrate how long
it would take to issue refund checks once a determination of a funding source
has been made. This report shows that it
would
take approximately three months from the
time the funding
source
was secured to the day refund checks could
be mailed.
For illustrative purposes Price Waterhouse constructed a schedule that showed
that if a determination of a funding source was made by May lO, 1991, the
refund checks would be mailed by August 16, 1991. The media has used this
sample schedule and incorrectly reported that refund checks are scheduled to be
made in August of 1991. This would only be true if the State Legislature adopts
the Governor's proposed bill by the beginning of May. This office has been in
continuous contact with the State Legislative Delegation on this matter and
urges Your Honorable Body to request our state representatives to approve $2922
and A4422 as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE
No.84
Local Law Intro #4 Deputy Commissioners of Fire
Resolution #194, C.C. P. March 5, 1991
A recent court ruling concluded that the City Fire Department
was obligated to comply with provisions of the City Charter requiring the
appointment of four Deputy Commissioners of Fire. However, the court opinion
did not preclude the city from amending the Charter. The Local Law referenced
above is a proposal to amend the Charter so that the Fire Commissioner would be
required to appoint at least two Deputy Commissioners but not more than four
Deputy Commissioners. The Fire Department has functioned successfully with
only two Deputy Commissioners for the last 13 years. The cost of hiring two
additional deputies would be in excess of $120,000 per year for salaries plus
the cost of associated fringe benefits.
Your Honorable Body has requested the administration to negotiate with
the fire fighters union their proposal to restore four Battalion Chief
positions in exchange for the deletion of two Charter mandated Deputy Fire
Commissioner positions. The administration has considered this proposal and
has determined that it would be more costly and provide less managerial
discretion to reinstate a fifth battalion than it would be to appoint two new
Deputy Commissioners. Consequently, the unions proposal is being rejected.
It is my recommendation that Your Honorable Body approve the Local Law
that is before you because the City has neither the resources nor the need to
hire two additional Deputy Commissioners in the Fire Department. If Your
Honorable Body does not approve the Local Law the administration will be
compelled to either incur the cost of appointing two new Deputy Commissioners
or face contempt of court charges.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No.85
Appt. Bldg. Inspector
Communication #73, CCP 3/5/91
In response to your inquiry of March 26, 1991, Joseph L. Schiavone's
permanent title was Caulker in the Division of Water, Department of Public
Works, prior to his employment by the Municipal Housing Authority. Mr.
Schiavone's name was certified from the eligible list for Caulker and appointed
on July 13, 1987. On October 9, 1989 he was granted a leave of absence without
pay to accept a temporary appointment to the position of Supervisor of
Constructiontlodernization in the Municipal Housing Authority.
Mr. Schiavone's beginning salary in the position of Caulker was $16,970, and at
the time he left this position his salary was $17,722.
You requested what Mr. Schiavone's salary should be in the position of
Building Inspector and why. Please be advised this is a matter determined
through provisions of the bargaining agreement. The Division of Labor
Relations may provide further ~nfornation in this regard.
I truet this satisfies your inquiry. If you have any questions, please contact
this office.
RECEIVED AND FILED.
No.86
Reestablish Position -
Supervisor of Recruitment
Municipal Civil Service Commission
Item # l63, CCP 3/5/91
At its meeting of March 27, 1991 the Civil Service Commission
considered Mr. Arthur's Resolution to submit a salary ordinance amendment to
recreate the position of Supervisor of Recruitment in the Civil Service
Commission.
This matter is being held in abeyance pending further review and discussion.
You will be notified of the Commission's determination in this matter at a
later date.
PEFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
No.87
Occupancy Agree. Cornelius Creek Park
Item #47, C.C.P.April 2, 1991
In response to Councilmember Coppola's request dated April 3:
1991 concerning the above referenced, please be advised that the Buffalo Sewer
Authority has reviewed this item and has no objection to the occupancy
agreement.
RECEIVED AND FlLED
FROM THE CITY CLERK
No.88
Claim-Replacement Its for
Damaged Picturce
Enclosed is a receipt outlining the cost of replacing my picture
'Le Betes De Mire", which was destroyed by water running doom the walls of my
office.
Apparently, the water was found to be coming from: the sixteenth floor.
MR. FAHEY MOVED
That the communication from Councilmember Amos dated April 6, 1991 be received
and filed; and
That the Corporation Counsel be,and he hereby is, authorized to reimburse
Councilmember Amos the sum of $30.00 from the Claims Account for replacing the
picture entitled "Les BelIes de Her" which was damaged by water leakage in his
office.
PASSED
AYES-11 NOES-0
No.89
Purhase Surplus Coat Rack
(Item # 51, C.C.P., 4/2/91)
At the Common Council meeting of April 2, 1991, the following
item was referred to the Council staff office for further review:
"Purchase of Surplus Coat Rack", (Item #51, C.C.P.4/2/91)
After reviewing the coat rack, it is may opinion that the item be allowed
to be purchasec for fifteen dollars ($15) as stated in the original
communication.
That the communication from the Council Chief of Staff dated April 9,
1991 be received and filed; and
That the offer of Claire Buzak to purchase a surplus coat rack for
$15.00, as stated in her offer reported to this Council in Item No. 51, C.C.P.,
April 2, 1991, be received, and that the Commissioner of General Services be,
and he hereby is, authorized to convey the surplus coat rack to Claire Buzak
for the consideration of $15.00.
PASSED
AYES-11 NOES-0
No.90
Revised Mail Room Policies
(Item # 20, C.C.P., 4/2/91)
At the Common Council meeting of April 2, 1991, the following
item was referred to the Council Staff office for further review:
"Revised Mail Room Policies" (Item # 20, C.C.P., 4/2/92)
The Council Staff is in favor of the Comptroller's mail room policies and
will comply with the item. We also urge the Common Council to comply with the
item
RECEIVED AND FILED
No.91
Grant Award - Local Government Management Improvement Fund (LGRMIF)
This division is requesting the city of Buffalo to execute the
attached co-operative grant as awarded to the Town of West Seneca, the cIty of
Lackawanna and the City of Buffalo. The agreement is for the cIty Clerk
(Records Management officer) to begin an Invcntory Planning Project of the city
of Buffalo Records.
The grant is for $27,000 to be divided equally between the Town of West
Seneca, the cIty of Lackawanna and the city of Buffalo, with West Seneca being
the lead agency. The grant period is from July 30, 1990 to June 30, 1991.
Any additional information regarding this grant can be obtained by
contacting the records management officer.
MR. FAHEY MOVED
That the communication from the City Clerk dated April Il, 1991 be
received and filed; and
That the Mayor be, and he hereby is, authorized the execute a cooperative
grant agreement from the Local Government Management Improvement Fund to the
Cities of Buffalo and Lackawanna and the Town of West Seneca, in the total
amount of $27,000 to be divided equally among the three municipalities, to
begin an Inventory Planning Project of City of Buffalo Records.
PASSED
AYES-11 NOES-0
No.92
Notification of Disposition of City Records
The following department hace requested to disuse of city records
as indicated on the attached forms. I have authorized the dispsition of these
records in my capacity as City Records Nanagement Officer.
Assessment
RECEIVED AND FILED.
No.93
Automobile Transportation Allowances
The following departments have filed the required copies of certificates
relative to the granting of Automobile Transportation Allowances for employees
in their respective departments:
Comptroller- Alberta Hollis
RECEIVED AND FILED.
No.94
Liquor License Applications
Attached hereto are cornunications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name'
150 Babcock Daniel F. Zynda, Sr.
1735 Hertel Orazio's
643 Main MCM Trophy's Inc. Beatrice Montione
RECEIVED AND FILED.
No.95
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in various departments as listed:
Mayor/Mayor Executive- Dale Senn
Comptroller- Linda Meidenbauer
Public Works- Michael McKeating, Arthur Jayes
Police- Jodie Robeck-Nadrowski, Marcia Scott
Corporation Counsel- Michael Hughes
Administration and Finance- Barbara Kirkland Eiiman Resources- Gerald Smith
RECEIVED AND FILED.
No.96
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
City Planning Board (2)
CivilService Commission (4)
Consumer Electronics Board
Municipal Housing Authority
Youth Board
RECEIVEDAND FILED.
No.97
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved approval of appointments to the position of Council intern.
ADOPTED.
IN COMPLIANCE WITH PROVISIONS OF SECTION 441 OF THE CHARTER AND CHAPTER 35-1 OF
THE ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS CERTIFICATION OF
APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED IN SCHEDULE "A" HAVE
BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR THE
APPOINTMENT(S) MADE HEREIN, IN THE DEPARTMENT OF COMMON COUNCIL TO THE POSITION
OF INTERN III SEASONAL NON - COMPET AT THE: FLAT STARTING SALARY OF:$ 5.00/HR.
EFFECTIVE:4-9-91
SHARON ANN MCCRAY
96 CHENANG0 ST # 5
BUFFALO, N.Y. 14213
APPOINTMENT IN THE DEPARTMENT President of the Common Council TO THE POSITION
OF INTERN IV SEASONAL NON-COMPET AT THE: FLAT STARTING SALARY OF:$ 6.00/HR.
EFFECTIVE: O4-O2-91
R0AN A. MONCRIEFFE
354 FRANKLIN ST. APT 205
BUFFALO, NEW YORK 14202
No.98
Notices of Appointments
I transit herewith communications received by me, reporting appointments
made in various departments. (Mlinimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
IN COMPLIANCE WITH PROVISIONS OF SECTION 441 OF THE CHARTER AND CHAPTER 35-1 OF
THE ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS CERTIFICATION OF
APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED IN SCHEDULE "A" HAVE
BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR THE
APPOINTMENT(S) MADE HEREIN, IN THE
APPOINTMENT IN THE DEPARTMENT OF -Stadium &' Auditorium DIVISION OF-Pilot Field
TO THE POSITION OF Laborer I Seasonal Non-Competitive AT THE: flat STARTING
SALARY OF: $ 5.98/HR. EFFECTIVE: April 1- 1991
James Anderson
.135 Shumway St.
Buffalo- 14212
Willie Anderson
29 Goulding St.
Buffalo- 14211
Robert Aquila
155 Good Ave.
Buffalo- 14220
Maurice Bell
36 Dodge St.
Buffalo- 14209
Robert Bilski
1081 Tifft
Buffalo- 14220
Michael Burns
92 Portland Ave.
Buffalo- 14220
Guy Cammarano
56 Folger St.
Buffalo- 14220
Sharon Campbell
205 Marine Dr.
Buffalo- 14202
Brian Carrig
53 Oakhurst Ave.
Buffalo-14220
Jacob Craddock
32 Hoffman St.
Buffalo, 14207
Kevin Fischer
127 Densmore Ave.
Buffalo- 14220
Michael Glavey
7 Britt St.
Buffalo, 14220
William Gorman
263 Richmond St.
Buffalo- 14222
Timothy Gosdan
69 Hayden St.
Buffalo, 14210
Walter Griffin
1039 Smith St.
Buffalo, 14212
Edward Hackbush
173 Heath St.
Buffalo, 14214
Richard Hehir
24 Hillside Ave.
Buffalo, 14210
Denise Jones
47 Oxford St.
Buffalo- 14208
Charles Keith
45 Newton St.
Buffalo, 14212
Kevin Lalley
81 Densmore Ave.
Buffalo, 14220
Leonard Laufer
148 Brinkman St.
Buffalo, 14211
William Laufer
148 Brinkman St.
Buffalo, 14211
David Maloney- Jr
16 Lakewood AVe.
Buffalo, 14220
Kurt McGowan
8 Fields St.
Buffalo, 14210
Kevin McNamara
214 Tuscarora Rd.
Buffalo, 14220
Thomas O'Leary
100 Ryan St.
Buffalo, 14210
Terrance O' Rourke Jr.
712 McKinley Pkwy.
Buffalo, 14220
Michael Parot
10 South St.
Buffalo, 14204
Maurice Perry
1798 Seneca St.
Buffalo, 14210
James Quinn
723 McKinley St.
Buffalo, 14220
Joseph Saj
307 Esser St.
Buffalo,' - 14207
John Raczka
45 Newton St.
Buffalo, 14212
Donald Rodriques
53 Good Ave.
Buffalo 14220
Jeffrey Sacilowski
49 Goodyear St.
Buffalo, 14212
Kellie Safford
284 Grape St.
Buffalo, 14204
Rebekah Safford
284 Grape St.
Buffalo, 14204
Kenneth Saj
-307 Esser St.
Buffalo, 14207
Randolph Schuster
77 Melrose St.
Buffalo, 14220
Gerald Selts
192 Whitfield Ave.
Buffalo, 14220
Edward Smith
101 Parkview St.
Buffalo, 14210
Darlene Swenton
378 Franklin St
Buffalo, 14202
John Thiry jr.
882 Clinton St
Buffalo, 14210
Karl Von Wrycsa
143 Sobieski St.
Buffalo, 14212
Richard Sacco
33 Parkview St.
Buffalo, 14210
Daniel Wilson
49 Carlyle
Buffalo, 14220
Charles Carsello
113 Potters Rd.
Buffalo, 14220
Norris Mays
416 Winslow Ave.
Buffalo, 14211
Donald McLennan
193 Ashland Ave.
Buffalo, 14222
John Kurdziel
43 Fitzgerald St.
Buffalo, 14210
John Conrad
108 Woodside Ave.
Buffalo, 14220
APPOINTMENT IN THE DEPARTMENT OF Stadium & Auditorium DIVISION OF Pilot
Field Stadium TO THE POSITION OF Laborer I, Seasonal Non-Competitive AT THE:
Flat STARTING SALARY OF: $ 5.98/HR. EFFECTIVE:April 9, 1991
Kevin D. Horrigan
68 Lockwood Avenue
Buffalo, 14220
Joseph D. Zuchlewski
37 Edgewood Avenue
Buffalo, 14220
Richard Howard
160 Brunswick Blvd.
Buffalo, 14214
Edward L. Niemann, Jr.
48 Race Street
Buffalo, 14207
Mark A. Higgins
186 Kentucky Street
Buffalo, 14204
James L. Cummings
58 Good Avenue
Buffalo, 14220
APPOINTMENT IN THE DEPARTMENT OF Stadium & Memorial Auditorium DIVISION OF
Pilot Field TO THE POSITION OF Laborer II Seasonal Non-Competitive AT THE: flat
STARTING SALARY OF: $6.65 EFFECTIVE: Anril 1, 1991
Salvatore Dobrowolski
119 Arbor La. Apt. #4 1
Buffalo, 14220
Arlene Simpson
42 Riverside Ave.
Buffalo, 14207
James Toms
82 Rosedale Ave.
Buffalo, 14207
APPOINTMENT IN THE DEPARTMENT OF Stadium & Memorial Auditorium DIVISION OF
Pilot Field Stadium TO THE POSITION OF Laborer II
SeassonalNon-Competitive AT THE:Flat STARTING SALARY OF: $6.65/HR. EFFECTIVE:
April 1, 1991
Joan Mutka
146 Lewis St.
Buffalo, 14206
M.T. McNeal
791 Sycamore Ave
Buffalo, 14212
Joyce Baginski
77 Beck St.
Buffalo, 14212
Frank Bell
36 Dodge St
Buffalo, 14209
Margaret Bugaj
31 Parkview Ave.
Buffalo, 14210
Charles Mims
79 Rich St
Buffalo, 14211
Robert Starczewski
19 Krupp St.
Buffalo, 14212
John Thiry Sr.
158 Montogomery
Buffalo, 14206
Ann DiStefano
461 Connecticut St.
Buffalo, 14213
APPOINTMENT IN THE DEPARTMENT OF Public Works DIVISION OF Engineering TO THE
POSITION OF Bridge Operating Engineer Seasonal AT THE: Flat STARTING SALARY OF:
$ 7.02/hr. EFFECTIVE:April 8, 1991
Vincent S. Astyk
18 Strathmore Avenue
Buffalo, NY 14220
Robert A. Brill
282 Katherine St.
Buffalo, NY 14210
Joseph M. Mancini
191 Como Avenue
Buffalo, NY 14220
APPOINTMENT IN THE DEPARTMENT OF PUBLIC WORKS DIVISION OF BUILDINGS TO THE
POSITION OF LICENSE INSPECTOR TEMPORARY APPOINTMENT
AT
TIlE: FLAT
STARTING SALARY OF: $11.26 hourly EFFECTIVE: 04/08/91
Cheryl R. Delano
223 Gold Street
Buffalo, 14206
APPOINTMENT IN THE DEPARTMENT OF DEPARTMENT OF PUBLIC WORKS DIVISION
OF-WATERTO THE POSITION OF CAULKER PROVISIONAL APPOINTMENT AT THE: MINIMUM
STARTING SALARY OF: $ 18,606 EFFECTIVE: APRIL 1, 1991
Robert J. Tumiel
142 Indian Church Road
Buffalo, New York 14220
APPOINTMENT IN THE DEPARTMENT OF Parks DIVISION OF Recreation TO THE POSITION
OF Laborer II Seasonal
Noncompetitive AT THE: Minimum STARTING SALARY OF: $ 6.65 EFFECTIVE:April
15,1991
Kevin Czuprynski
283 Wiemar Street
Buffalo 14206
Gary Juskiewicz
495 Willett
Buffalo 14206
Herbert Marcus
389 Goodyear
Buffalo 14211
Darin Schwertfeger
19 Stone
Buffalo 14212
William Stevenson
123 Laird Avenue
Buffalo 14207
Matthew Whelan
162 Mariemont
Buffalo 14220
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE
POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:FLAT STARTING SALARY OF: $
4. 25/hr.EFFECTIVE: APRIL 1, 1991
LANCE T. BIGUMIL
35 ASHLAND AVE
BUFFALO 14222
LORI DE GROAT
205 KEYSTONE
BUFFALO 14211
GEORGE F. RICHARDSON
446 PLYMOUTH
BUFFALO 14213
SARA WHITE
449 WYOMING
BUFFALO 14215
PAMELA WILLIAMS
26 PROCTOR AVE
BUFFALO 14215
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE
POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:FLAT STARTING SALARY OF:
$4.25/hr.EFFECTIVE:APRIL 1, 1991
MARKETA BEACKWELL
394 OLYMPIC AVE
BUFFALO 14215
EVELYN L. KERNEY
233 BRUNSWICK BLVD
BUFFALO 14208
CAROLINE KOZAKIEWICZ
262 EDEN
BUFFALO 14220
CHRISTOPHER M LASKY
91 EAGLEWOOD
BUFFALO 14220
SEAN J. THIEL
743 MC KINLEY PKWY
BUFFALO 1422O
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE
POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:FLAT STARTING SALARY OF: $
4. 25/hr. EFFECTIVE: APRIL 4, 1991
LEIGH JAMES BEENAU
177 HAGEN ST
BUFFALO 14215
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE
POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE: FLAT STARTING SALARY OF: $
4. 25/hr. EFFECTIVE: APRIL, 9,1991
MICHAEL P. HUGHES
30 WHITFIELD
BUFFALO, NYI4220
APPOINTMENT IN THE DEPARTTENT OF HUMAN RESOURCES DIVISION FOR YOUTH TO THE
POSITION OF COMMUNITY FIELD WORKER TEMPORARY APPOINTMENT AT THE: FLAT STARTING
SALARY OF: $ 6.30 HOUR EFFECTIVE: MARCH 28, 1991
WILLARD ANDERSON
518 E. UTICA STREET
BUFFALO 14208
APPOINTMENT IN THE
DEPARTMENT OF GENERAL SERVICES DIVISION OF
INVENTORY & STORES TO THE POSITION OF LABORER II SEASONAL
NON-COMPETITIVE
AT THE: FLAT STARTING SALARY OF: $ 665/HR. EFFECTIVE: APRIL 8,1991
VERLEY DAVIS, JR.
35 ANTWERP ST.
BUFFALO, 14211
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.99
BAIIEY /AMHERST DIS~ICF MANAGEMENT ASSOCIATION, INC.
Bailey-Amherst Business Improvement District 1991-1992 Budget
Attached for your review and consideration, is the proposed budget
for the continued operation of the Bailey Amherst Business Improvement
District.
The budget approved by the Board of Directors of the Bailey Amherst
District Management Association, Inc., at its meeting of March 26, 1990, is
submitted to you for inclusion in the 1991 - 1992 City Budget. The funds will
be raised by special assessment on the properties within the District in
accordance with the procedures of the City Business Improvement District Law, a
part of the General City Law of the State of New York.
Representatives of the Management Association are available to discuss
the program with you if you so desire.
Thank you for your continued support.
1991 - 1992 Operating Budget
Bailey Amherst Business Improvement District
I. Maintenance
a) Pavement maintenance including, but not
limited to, sweeping sidewalks, picking up
litter, emptying litter receptacles, etc.
b) Landscape maintenance including, but not
limited to, maintaining tree grates, care
of shrubs and flowers in planters etc.
All services to be provided by independent
contractors.$ 12,000
II. Snow Removal Services
a) Annual contract with private snow removal
firm.6,000
III. Security
a) Security guard on foot <up to 60 hours
weekly.)7,200
IV. Advertisinq and Promotion
a) General advertising to promote district
identity, using a variety of media.7,000
V. Administration
a) Legal services, at hourly rates1,500
b) Accounting/Audit1,000
c) Insurance850
d) Supplies/Postage600
e) Administrative Support3,000
VI. Other
a) Installation and removal of
seasonal decorations2,500
VII. Budqet/Collection Continqency
a) Contingency for unclassified expenses
and reserve for slow payments of
assessments2.500
$44,150
Mr. Fahey moved:
That the communication from the Bailey-Amherst District Management
Association, Inc., be received and filed; and
That the proposed budget for the Bailey-Amherst District Management
Association, Inc. for the 1991-92 fiscal year be, and hereby is approved; and
That said budget be and it hereby is transmitted to the Commissioner of
Assessment for assessment pursuant to the Gneeral City Law.
PASSED
AYES-11 NOES-0
No.100
ADRIAN BENTON
DIESEL FUMES-Firehouse Leroy/Halbert
I would like to address the issue of the disel fuel pump located
at the firehouse on Leroy and Halbert Streets.
Our concern is the disel fuel pump being next to our property. The disel
fuel pump is 4 feet away from our property located at 114 Leroy street.
On a number of occasions we have submitted complaints to our councilman
Mr. Coppola. The last one having been submitted in August, 1990 with regards
to the smell of the fumes.
When this matter was addressed with the fire commissioner, he suggested
that the firefighters use all precautions when fueling the trucks and wash down
any spill. If this procedure is being followed it has been to no avail because
the fumes can still be inhaled and it is causing headaches and nausea with my
family and other tenants.
It will be warm soon and we will have to open our windows and doors and
again we will be required to inhale these nauseous fumes. I do not appreciate
the fact that my family and especially my wife who is pregnant has to be
subjected to this.
We would like to recommend thAt the disel pump be placed back in the
middle of the firehouse so it will not be so close to our property (the problem
was not as severe). We would appreciate some prompt action taken and an
acknowledgement to such.
I am forwarding a letter to Channel 4's "Call For Action" in effort to
present this problem to the public and to request aid in pursuing this matter.
Thank you for your cooperation.
RECEIVED AND FILED
No.101
BUFFALO SABRES
"Amend interim Lease With Sabres"
Item #182, C.C. P. March 5, 1991
This letter is delivered to you pursuant to your request that
we respond to the resolution of the Council proposing that the interim lease
for Memorial Auditorium between the Sabres and the City be extended to June 30,
1996 and that certain milestone dates affording the Sabres the option to
terminate the Interim Lease be similarly extended by one year. As we have
publicly stated, we are willing to discuss this matter with the City and to
deal with the proposal to amend the interim lease in a reasonable and
responsible manner once we have a more complete understanding of the timing
requirements for the Buffalo Arena Entertainment Complex pro;ect. The
consulting studies which will provide us all with a better understanding of the
Scheduling issues are in their final stages, but we still face integrating that
information into a clear vision of the project and the process which we must
mutually pursue to achieve our common goal. We expect to provide the
information developed by our consultants and the Sabres proposals based
information to all interested political representatives and to the public
during mid-April.
We do not believe that it would be fruitful to engage in discussions
regarding amendment of the Interim I,ease prior to our delivery of the relevant
information and proposal: ~ the Task Force and the Council. Obviously, the
suggestiffi that the key dates described in the Interim Lease be extended
requires ': examination of the scheduling of each of the intervening steps in
the timetable. Therefore, we respectfully request that further discussions
regarding the amendment of the Interim Lease between the City and the Sabres be
deferred until we are able to prese:t our proposals regarding scheduling, as
well as other aspects of the project, for your consideration.
REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE AND THE CORPORATION
COUNSEL
No.102
COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED
Request Competitive Bids- Disposal of Engine # 16-1420Main St.
The [W.N.Y. Independent Living Center reports that of 157 assisted
housing developments within the City of Buffalo, 130 are non-accessible to
handicapped/disabled persons. Given the drastic increase in the number of
senior citizens living and seeking services within the City of Buffalo, the
demands for accessible housing grows every day. Presently, the number of
persons who live with handicapping disabilities (both young and older persons)
in the W.H.Y. area number in the thousands.
In the majority of cases, persons with physical disabilities are forced
to live in non- accessible housing due to a near total lack of available
housing which is adequate for their needs. Thus, a tremendous need exists in
W.H.Y. (and particularly in the City of Buffalo) for safe decent affordable
housing which is also handicapped accessible.
Proiect History:
Community Services for the Developmentally Disabled, Inc. is a N.Y .5.
registered SOl-C-3 Non-Profit Corporation which serves the needs of a wide
variety of persons with developmental disabilities throughout the W.N.Y. area.
Recognizing the drastic shortage of adequate housing for disabled persons
in the Buffalo area, a small advisory committee was formed to locate a suitable
building which could be renovated to provide safe, decent, affordable housing
for persons for whom conventional housing is simply not appropriate.
In December 1990, it was discovered that the former Engine #l6 (aka 1420
Main Street) was owned by the City of Buffalo and had been vacant and abandoned
for many months.
1420 Main Street is ideally located within 500 yards of the Main-Utica
Rapid Transit station, has an open structural configuration and available
paikino (for vans, visitors, etc...) making it ideal for adaptive ie-use as
eight to ten dwelling units of handicapped housing.
In January 1991, a campaign to to secure ownership of the former Engine
ninl6 was begun in earnest. Unfortunately, in the time which has elapsed since
the beginning of 1991, an increasing interest among a number of parties has
emerged. To our knowledge, all parties (other than ,Community Services)
interested in obtaining ownership of the facility are either private
individuals and/or commercial entrepreneurs.
1420 Main Street contains approximately 8,000 square feet of relatively
open space. The facility is ideal for adaptive re-use as eight to ten dwelling
units for persons with physical disabilities which render conventional housing
unsuitable for their needs.
The objective of the project is to make appropriate housing available for
a relatively independent group of disabled persons.
Proiect Cost:
Preliminary analysis indicates that approximately $50 to $60 per square
foot will be the cost to rehabilitate the existing structure and to bring about
the development of eight to ten dwelling units.
Total project cost are anticipated to fall within the range of $400,000
to $480,000.
Proiect Financinq:
C.D.B.G. - $25,000 obligated by Councilman Coppola from Delaware district
accounts. These funds are committed as project "seed money.
N.Y.S. Bousinq Trust Fund - We anticipate that $50,000 per unit nlay be,
available from the N.Y .5. Division of Housing and Community Renewal.
Preliminary discussions with D.H.C.R. representatives indicate that fundingj
for small, non-profit special needs housing development projects will be
available during F.Y. '91. This is the preferred financing mechanism because
H.T.F. dollars are available as Grants which require no repayment.
Section 312 Loan Proqram - Non-profits can borrow up to $33,500 per
dwelling unit at a 3% interest rate with a twenty year repayment term. These
funds will be available during Spring-Summer 1991.
Bank Financing: Given the relatively low interest rates for traditional
bank funding at the present time we see the opportunity to blend 312 with bank
funds at 9.596/30 yrs. resulting in a per-unit debt service of approximately
$400.00 per unit/per month.
Low Income Tax Credit: The City of Buffalo has such credits available,
for projects of this type. Tax credits applied to a 312 loan/bank funded
project will reduce monthly debt service to approximately $300.00 per month/per
unit.
Problem Statement: Without site control or, at least a secure purchase
option on the building, no funders will accept an application for redevelopment
monies for the project.
While we recognize that there are indeed many potential and conceivably
exciting proposals to re-use the former Engine #16, none of those re-use
strategies address the needs of the community. It is therefore, the position
of Community Services that the "highest and best use" for this publicly owned
facility is handicapped housing.
It is an established practice among municipal governments to support
special needs housing development.
The City of Buffalo has a history of assisting non-profit housing
developers as evidenced by the sale of the former Southside Firehall, Best St.
apartments, School #62 and other city owned surplus properties to non-profits.
The City of Buffalo has demonstrated a recognition of the pressing need for
housing which serves the needs of those who may not have the physical or,
financial means through which to secure suitable housing and we applaud those
efforts.
Presently, the City Real Estate Department has indicated that due to the
competing interest in the property it will be auctioned publicly as per City
Charter.
While we understand charter mandates and the need to be fair to all
interested parties, we are compelled to point-out that the needs of handicapped
persons within our society cannot be overlooked.
Proposal:
In lieu of an auction, Community Services for the Disabled would like to
propose that the City solicit competitive proposals from interested parties
which can be utilized to undertake an objective analysis of the merits of each
proposed re-use scenario.
The auction of 1420 Main Street with consideration of nothing more than
competitive bids will by no means ensure a timely renovation of the former
Engine #16.
Community Services is willing to factor a fair and reasonable acquisition
fee for the property into our re-development plans thereby ensuring that the
City does realize some return on the public investment in the structure. It is
however, un-realistic to assume that a non-profit agency can compete on "a
level playing field" with private interest while adhering to a policy of public
benefit for needy persons.
In light of the circumstances outline above, Community Services must
request that consideration be given to our purpose/proposed re-use strategy in
addition to weighing the needs of the City to dispose of surplus property or,
to generate income from such a sale.
REFERRED TO THE COMMITTEE ON FINANCE,THE COMPTROLLER, THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT.
No.103
DIOCESE OF BUFFALO
Condition of Sale-St. Mary of Sorrow's
Thank you very much for your letter in which you request information
concerning the sale of the Church Building at St. Mary of Sorrows Parish.
Specifically, you inquire about the conditions which were placed on the sale of
the building.
In May, 1989 an Agreement was reached between the Church of St. Mary of
Sorrows and Sacred Sites Restoration Corporation. Some of those conditions of
sale include the following:
The Corporation shall use the property and permit the property to be used
by others, only as a community oriented social, educational and cultural
center. The use must be "respectful of the historical tradition of the Church
Building and its former use". The Corporation acknowledged that the "parish
has certain particular concerns with respect to particular types of activity
and, accordingly, agrees that no gambling or abortion-related activity shall be
conducted in the center." The Corporation also agreed that no form of
"religious service shall be conducted on the premises".
The diocesan attorney, Mr. Joseph A. Stoeckl, was consulted with regard
to your specific inquiry regarding the possible use of the Church Building at
St. Mary of Sorrows for public access television. Certainly public access
television is an important community service. However, since it is not limited
in any manner as to the type of programming which would be shown on it, it is
Mr. Stoeckl's opinion that to use the Church Building for this purpose would be
a violation of the sale agreement. Even if some restrictions were to be placed
on the programming, it would be very difficult to monitor that and it might not
meet the needs of public access television.
Should you require a more detailed explanation with regard to the
conditions for the sale of the Church Building, please feel free to contact Mr.
Stoeckl, the Diocesan Attorney.
I hope that this information is helpful to you. Please be assured of my
prayerful best wishes.
REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATON COUNSEL.
No.104
JAMES W. HARRINGTON, JR.
Horizons Commission March 20th
Agenda
I've enclosed some information for members of the Common Council.
Please file and circulate to each Council member.
- the draft minutes of the Commission's 20 March meeting.
If you've any questions, please call me at 716-636-2283 (days). Thank You.
REFERRED TO THE COMM!TlEE ON ECONOMIC DEVELOPMENT
No.105
HELLENIC ORTHODOX CHURCH
Place Ropes Across Sidewalk-W.Utica St. for Hellenic Festival
The Hellenic Orthodox Church of the Annunciation is celebrating
their Fifteenth Annual Hellenic Festival, May 17, 18, 19, 1991.
Each year a tent is rented and placed on the Northwest side of the Church
complex up to the sidewalk. This year to accommodate the people, as in the
past, it is necessary that the guide ropes be anchored across Utica Street
sidewalk.
We are therefore respectfully requesting permission from the City of Buffalo to
place ropes across a 100 foot section of the sidewalk as shown in the attached
diagram. Flasher warning signs to aid pedestrians will be available and
security men will be stationed during the nights. The tent will be erected on
Saturday 11th, and taken down by Wednesday, May 22, 1991, weather permitting.
We thank you again for giving consideration to the aforementioned request and
await your expeditious reply.
MR. FAHEY moved:
That the communication from George Scouras dated April 8, 1991 be
received and filed; and
That the Hellenic Orthodox Church of the Annunciation be, and it hereby
is, authorized to place ropes across & 100 ft. section of the sidewalk on West
Utica Street at Delaware Avenue for the purpose of anchoring a tent for the
Annual Rellenic Festival from Saturday, Hay Il until Wednesday, May 22, 1991,
subject to the conditions that flasher warning signs to aid pedestrians be
erected, and that security personnel be posted on the West Utica Street
sidewalk during the hours of darkness.
PASSED
AYES-11 NOES-0
No.106
LOCAL 264
Resolution #204, C.C.P. April 2, 1991
"Approve Early Retirement for Eligible Municipal Employees"
AFSCME Local 264, on behalf of its membership, feels that the
proposed local law would be beneficial to those eligible employees; and we
would, therefore, be in favor of the passing of this resolution regarding this
local law.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.107
LOCAL 650
Favor Early Retirement Proposal
Resolution #204 C.C.P. 3/2/91
On behalf of AFSCME Local 650, representing the bite Collar employees
of the City of Buffalo, I feel the Council and the Mayor should pass a local
law for the reasons outlined in the Resolution.
The Union feels this local law, if adopted, would be beneficial to those
employees who would be eligible to take advantage of the Retirement Incentive
as outlined in the Resolution.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.108
BUFFALO AND ERIE COUNTY NAVAL AND SERVICEMENS PARK
"A. DeCorse-Naval Park Sculpture"
item #91, C.C.P. April 2, 1991
At the meeting referred to in Mr. DeCorse's letter, he was advised
of the Board of Directors policy not permitting individual organizational
monuments in the Buffalo and Brie County Naval & Servicemen's Park. This
policy is dictated by space limitations and the inordinate number of
organizations that would become eligible to place monuments in the Park if such
a precedence was established.
Additionally, Mr. DeCorse was advised that the Park has set aside a "Wall
of Honor" on which 20" x 24" bronze plaques may be placed to memorialize
qualifying organizations.
If you require additional information, please call me at 847-1773.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.109
PILOT AIR FREIGHT
Status of Naming Rights
Agreement
This letter is sent to confirm the events of yesterday's special
session of the Corn mon Counsel Committee on Finance ("Finance Committee").
On behalf of Pilot Air Freight Corporation ("Pilot"), we tendered payment
5) for deposit into an escrow account, held by the City,
of $51,000 to the City of Buffalo ("City
until Pilot's dispute with the City with respect to the above-referenced agreement ("Agreement") is resolved.
We indicated that the City has breeched the Agreement as follows:
l. The City agreed to provide Pilot with a box at Pilot Field for $4,300 per
year for the 20-year duration of the Agreement. Subsequently, the City leased
all the boxes at Pilot Field to Bisons Baseball, Inc. ("Bisons"). Thus, Pilot
has been paying the Bisons $8,500 per year for its box at Pilot Field.
Moreover, the price of said box has been increasing;
2. The City granted Pilot the right to name and designate the downtown
stadium as "Pilot Field." However, the City has allowed the Bisons to
improperly designate Pilot Field. An enormous Bison's logo with the designation
"Bisons" under it appears on the back of the scoreboard with no mention of
Pilot Field; and
3. The City agreed to ensure that the name "Pilot Field" would be used in
all advertisements and references to the downtown stadium. However, the City
has allowed the Bisons to refer to Pilot Field as the "Ballpark" in its
advertisements and in letters to lessees of boxes at Pilot Field.
The Finance Committee decided against accepting the $51,000 payment in
escrow and instead opted to recommend that the Common Counsel issue a Notice of
Termination to Pilot.
Please notify us if there are any inaccuracies with our account of
yesterday's events.
REFERRED TO THE COMMITTEE ON FINANCE
No.110
Frank A. Pirritano APPRAISALS, INC.
Updated Valuation
28 Hertel Avenue
Buffalo, New York
Pursuant to your request, I have made an appraisal of the above
captioned property.
The property has been reinspected and the facts and data used in this
appraisal, are to the best of my knowledge, true and correct.
I have no interest in this property either individually or collectively,
nor is my employment or any fee contingent upon the value reported.
No legal opinion concerning title to the property is involved in this
appraisal. The value reported herein has no bearing whatsoever on any question
of title.
In My opinion, based on certain assuMptions found in this updated
appraisal, the subject, as of April 2nd, 1991, has a Fair Market Value of:
FOUR HUNDRED THIRTY EIGHT THOUSAND DOLLARS
$438,000.00
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT
AND THE COCORPORATION COUNSEL.
No.111
POLICE BENEVOLENT ASSOCIATION
Proposed Items for Consideration by Police Reorganization Commission
At the April 11, 1991 Commission meeting, Robert fleegan was requested
to submit, on behalf of the Buffalo Police Benevolent Association, a listing of
points which the PBA thinks ought be considered by the Commission. The PBA
submits that the following points ought be addressed:
1. Establish Citywide minimum manpower levels for precinct and patrol
services.
2. Establish precinct/district minimum manpower
levels for patrol services.
3. Establish Citywide minimum manpower levels for supervisory
strength.
4. Establish precinct/district minimum manpower
levels for supervisory strength.
5. Establish departmentwide minimum manpower
levels.
6. Establish minimum operating patrol vehicle levels.
7. Establish mandates for filling vacancies for both supervisory and
rank and file personnel.
8. Establish minimum, non-discriminatory, eligibility standards for
appointment as a police officer.
9. Establish minimum eligibility standards for appointment to deputy
police commissioner positions.
10. Establish minimum equipment requirements.
11. Development of funding for in-service training/educational
incentives.
12. Development of funding for capital improvements and for purchases
of necessary technology and equipment.
The PBA will submit additional recommendations once the Commission
decides on its proper role.
While the PBA will participate on the Commission through Robert Meegan,
PBA President, and, in fact, intends to cooperate with the Commission in its
undertaking, the PBA will not agree to any Commission proposal and/or action
which directly or indirectly impacts on the PBA's collective bargaining
agreement with the City. Matters such as the establishment of straight shifts
and the utilization of one man patrol vehicles are subjects that can be
implemented only upon mutual agreement between the City and the PBA. Such
agreement, if any, must await further collective bargaining between the
parties.
The PBA's participation on the Commission should in no way be construed,
in whole or in part, as an endorsement of the IACP report. The said report
contains a disturbing number of errors. Moreover, the report authors have
exhibited a blatant disregard of applicable New York State laws.
Unfortunately, Buffalo's only major newspaper has chosen to publicize all
the negative aspects of the report and few of the positive. Thus,
misunderstanding prevails.
For this Commission to properly perform its tasks, each and every member
must become fully conversant with the operations of the Buffalo police
department as well as fully conversant with the contents of the IACP report.
By doing so, Commission members can then exercise independent judgment based on
reasoned facts rather than responding to and/or implementing IACP report
recommendations that are, in a number of areas, not only ill-conceived but
based on erroneous findings and/or conclusions. The citizens of Buffalo will be
ill-served by blindly implementing any particular IACP recommendation.
REFERRED TO THE POLICE REORGANIZATION COMMISSION
No.112
JOSEPH RIZZO
Illegal Public Telephone
1229-1231Bertel Avenue
I am the attorney for Mr. Joseph Riszo a tenant (shoe repair)
in the building owned by Mr. Lez; I am also the attorney for Mr. Peter
Maniscalco, (hair stylist); both tenants refused to give permission to anyone
to install a telephone in front of their respective business premises.
For everyone's edification I .am enclosing herewith a photocopy of a Survey by
Roy J Straley, licensed surveyor, re-survey date of 2 April 1990. The said
survey clearly shows that the building owner has only .07 feet after the end of
the building, which he owns.
The telephone is nearly two feet after the building ends, that is, said
telephone is clearly erected on City owned property. I telephoned and spoke
with Phillip Nasca,and was advised that no permit was issued nor reguested for
said telephone.
Before this matter evolves into a "Federal Case", I suggest that to keep peace
with everyone involved said telephone is removed immediately.
I do not feel it to be necessary to go into, obstruction of store sign; loss of
business, attracting uninvited teenagers who mill around and discourage people
from patronizing both tenants' businesses & Illegal installation of telephone
on pub!ic property.
Unless said telephone is removed immediately, a "Federal Case" with all the
publicity and consequences will be unavoidable.
Again, thank you for your understanding and consideration in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE NEW YORK TELEPHONE COMPANY.
No.113
TCl of New York, lnc.
1990 Local Operation Highlights
TCI of New York, Inc. has had a very challenging year as has the
cable industry as a whole. However, we feel we have met the fliany challenges
with a good deal of success. Following are some brief highlights I would like
to share with you of many of our accomplishments since last January, 1990,
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.114
TCl of New York, Inc.
1990 Cable Industry Highlights
As you know, TCI of New York, Inc has provided cable service to
the city of Buffalo for the past 7 years, and is pleased to be part of this
community. The cable industry has seen a tremendous amount of growth and
development in that time, and our efforts today continue to center on providing
a good entertainment value and quality service to our community.
The enclosed press release provides a statistical look at the cable industry in
1990. With numbers showing higher ratings, improved public opinion, increased
advertising revenues, network expansion, and technological advances, "1990 in
Review" provides a view of a healthly industry playing an important role in
communities like ours.
In the coming months, I will be keeping you up-to-date on cable industry
developments as well as activities taking place at TCI of New York, Inc. I
look forward to working with you, and hope you will feel free to call on me if
I can answer any questions or be of further assistance.
REFERRED TO THE SPECIAL COMMITTEE ON CATV
No.115
MICHAEL C. TRIMBOLI
Items to be Considered by Police Reorganization Commission
In accordance with your request made at the initial meeting of
the Police Reorganization Committee (PRC) on April 11, 1991, enclosed is the
agenda I would propose for the PRC. This agenda is subject to advice from
Corporate Counsel's office with respect to what issues may be determined by the
PRC. Notwithstanding that however, the PRC must also have the ability to
discuss any issue relevant to its inquiry. Of the thirteen recommendations of
"highest priority" (pp. 12-13 of the Report) our agenda should include:
A. Number and Iocation of Precincts
B. Staffing of Patrol Cars
C. Citizen Participation and Reaction
D. Finance and Budgetary Considerations
E. Other "higher priority" Items
To accomplish this, five separate subcommittees should be formed. This
will insure a full investigation of the issues and allow the PRC to create a
meaningful plan to put before the voters of Buffalo in November of 1991.
In addition to the agenda set forth above, I would ask that the PRC
discuss the value of having one of the authors of the report discuss its
contents with the PRC or the appropriate subcommittee. In order to move the
issues forward, we should obtain the response of the PBA to Conm. Degenhart's
letter to Mr. LoVallo of April 2, 1991 which was requested at our April ll,
1991 meeting.
Gene, the contents of this letter are set forth to provide some
discussion points and not as absolute positions.
REFERRED TO THE POLICE REORGANIZATION COMMISSION
No.116
WOMEN FOR HUMAN RIGHTS AND DIGNITY, INC.
Transfer Properties
BueIl Street and Humboldt Pkwy.
As I know you are aware, our application to NYState Department
of Social Services Homeless Housing and Assistance Program for the construction
of 10 units of housing has been apprived, thanks to your help.
In order to complete our site needs on Buell Street, we would appreciate the
assistance of your office again in seeking the transfer of title to the
following city-owned properties: #8, #11, #29, #31 Buell Street and #544, and
#546 Humboldt Pkwy.
As we progress in meeting the needs of this proposal for the best possible
results to the clients we serve, Dave, we hope we can continue to count on
your help.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
PETITIONS
No.117
Erie County Industrial, owner, petition to use 369 Franklin
Street for an illuminated ground sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.118
Admiral's Walk Inc., owner, petition to use 210 Lakefront Blvd.
for a non-illuminated ground sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.119
James Fitzgerald, owner of 'Fne Allen Restaurant, petition
to use 16 Allen Street for an outside rear patio.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.120
Edward Flynn, owner, petition to use 229 Lexington for enlargement
of existing restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.121
P.B.B. USA, Inc., owner, petition to use 434-438 Delaware for
a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.122
T. Mineo, Agent, petition to use 1234 Hertel for outdoor cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.123
SALARY ORDINANCE AMENDMENT
CIVIL SERVICE COMMISSION
(ITEM NO. 222, C.C.P., January 22, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. FAHEY now moved that the above item be and the same is hereby
approved.
PASSED
AYES-11 NOES-0
No.124
Salary Ordinance Amendment/Housing & Property Inspections
(Item # 94 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hearby recieved
and filed.
ADOPTED.
No.125
SALARY ORDINANCE AMENDMENT
05 - CIVIL SERVICE COMMISSION
(ITEM NO. 217, C.C.P., APRIL 2, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. FAHEY moved:
That the above item be and the same is approved.
PASSED
AYES-11 NOES-0
No.126
M. Salter/Request Review CSC Decision/Defer Appt.
(Item # 89 CCP Feb 5, 1991)
That the above mentioned Item be and the same is hearby recieved
and filed.
ADOPTED
No.127
M. Salter/Review Decision/Defer Appointment (CSC)
(Item # 76 CCP apr 2, 1991)
That the above mentioned Item be and the same is hearby received
and filed.
ADOPTED
No.128
Appointment
Executive//Senior Citizen Aide
That Communication No 17 Nov 27 1990 be received and filed and
the Provisioal appointment of Cleta P. Nunn stated above at the Maximum salary
$19,553,00 effective on Nov 19,1990 is hereby approved.
PASSED
AYES-11 NOES-0
No.129.
Appointment
Executive/Senior Citizen Aide
That Communication Nol2 CCP Dec 26, 1990 be received and filed
and the Provisional appointment of Elsie Pantano stated above at the
Intermediate salary $19,553.00 effective on Dec 17, 1990 is hereby approved.
PASSED
AYES-11 NOES-0
No.130
Appointment
Executive/Senior stenographer
That Communication No 7 Jan 8, 1991 be received and filed and
the Permanent appointment of Barbara L. Gemerek stated above at the Maximum
salary $21,176.00 effective on Dec 24, 1990 is hereby approved.
PASSED
AYES-11 NOES-0
No.131
Appointment
Inspections & Community Revitaliztion/Building Inspector
That Communication No 73 CCP Mar 5, 1991 be received and filed
and the Provisional appointment of Joseph L. Schiavone stated above at the
Intermediate salary $27,418.00 effective on Feb 5, 1991 is hereby approved.
PASSED
AYES-11 NOES-0
No.132
ApPointment
General Services//Laborer II
That Communication No 101 CCP Mar 19, 1991 be received and filed
and the Permanent appointment of Marlene M. Macey stated above at the
Intermediate salary $8.88/Hr. effective on Mar 28, 1990 is hereby approved.
PASSED
AYES-11 NOES-0
No.133
Appointment
Audit & Control//Laborer II
That Communication No 26 CCP Apr 2, 1991 be received and filed
and the Permanent appointment of Donald E. Morris stated above at the Maximum
salary $9. 77P/H effective on Mar 28, 1991 is hereby approved.
PASSED
AYES-11 NOES-0
No.134
Notices Of Appointments (C.Clerk)
(Item # 87 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hearby recieved
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.135
Capital debt Service Fund Budget (Compt)
(Item # 15 CCP Feb 19, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee of the whole.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
PERLA-10
NOES-RUTECKI-1
No.136
PETITION FOR APPROVAL OF CERTIFICATE
OF AMENDMENT OF THE CERTIFICATE OF INCORPORATION
OF THE BROADWAY MARKET MANAGEMENT CORPORATION
(Item No. 88, C.C.P., 4/2/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Certificate of Amendment to the Certificate of Incorporation of
the Broadway Market Management Corporation, submitted to the Common Council by
Saperston & Day, P.C. on March 27, 1991, amending the Certificate of
Incorporation for the purpose of enabling the Broadway Market Management
Corporation to qualify for tax-exempt status pursuant to Sec. 501(c) (4) of the
Internal Revenue Code, be and the same hereby is approved by this Common
Council and the City Clerk is hereby authorized to affix his signature to the
Certificate of Amendment certifying same.
PASSED
AYES-11 NOES-0
No.137
PERMISSION TO NEGOTIATE - 73-77 FULTON,
S 50' E MARVIN LOT SIZE 50' x 57'
ASSESSED VALUATION: $2,800
(Item No. 24, C.C.P., l/ '8/91)
That the Comptroller be and he hereby is authorized to negotiate
with Mr. John Loughran residing at 69-71 Fulton Street for the private sale of
73-77 Fulton Street and report to this Honorable Body the results of such
negotiation.
ADOPTED
No.138
Result of Negotiations/287 Hickory (Compt)
(Item # 37 CCP Sep 4, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.139
Rescind Sale of 221 Strauss Street (CC)
(Item # 62 CCP Mar S, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.140
RESCIND SALE OF PREMISES -
1632 GENESEE STREET TO JUNE ENTERPRISES, INC.
(Item No. 48, C.CP., 2/19/91)
That the action of the Common Council under Item No. 137, C.C.P.,
January 16, 1990 in authorizing the sale of 1632 Genesee to June Enterprises,
Inc. be and the same hereby is rescinded, the deposit is forfeited and the
premises returned to the Comptroller for future sale or transfer.
PASSED
AYES-11 NOES-0
No.141
Church of God/Request Purchase 292 Hasten Ave.
(Item # 95 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.142
Oppose Sale of 292 Hasten (ICR)
(Item # 58 CCP Jan 22, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.143
Transfer 292 Hasten to COGIC (Compt)
(Item # 29 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.144
GORDON H. REES, 1650 FILLMORE - CANCELLATION
OF ASSESSMENT FOR SIDEWALK REPAIR
(Item No. 105, C.C.P. 03/05/91)
That, pursuant to the power vested in this Council by Section
47 of the City Charter, the Common Council hereby finds and declares that it
has considered testimony and photographs presented by the owner of 1650
Fillmore Avenue showing that the damage to the sidewalk was caused by snow
removal during the Blizard of 1977; and
That as a result of the assessment of a cost of $820.00 against the owner
of 1650 Fillmore Avenue for repair of the sidewalk, the property is currently
in the final stages of in rem forclosure proceedings; and
That inasmuch as the owner of 1650 Fillmore has made a colorable argument
that the assessment is not justified because the damage to the sidewalk was
caused by city crews; now therefore be it
RESOLVED that this Common Council hereby cancels and annuls the
assessment of $820.00 imposed against 1650 Fillmore for repair and
reconstruction of the sidewalk, together with any interest and penalties
connected therewith, and that the Director of Assessment be, and he hereby is,
directed to remove said special assessment from the assessment rolls.
PASSED.
AYES-11 NOES-0
No.145
Gordon Rees/Sidewalk Assessment/I 650 Fillmore (CC)
(Item # 66 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.146
Gordon Rees/Cancel Sidewalk Assessment/I 650 Fillmore Ave. (PW)
(Item # 36 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.147
344-346 GENESEE - PRIVATE DEMOLITION - REQUEST
TO ASSESS OWNER FOR COSTS INCURRED BY CITY FOR
DEBRIS REMOVAL AND DISPOSAL
(Item No. 92, C.C.P. 03/19/91)
That the Commissioner of Inspections and Community Revitalization
and the Commissioner of Assessment be, and they hereby are, authorized and
directed to charge the cost of demolition debris removal and disposal at
344-346 Genesee Street, in the amount of $19,476.00, to Special Assessment
Account #500- 000-002-00000, and to place a lien against the property in that
amount.
PASSED
AYES-11 NOES-0
No.148
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
(Item No. 201, C.C.P., 3/5/91)
That the above Ordinance Amendment as contained in Item No. 201,
C.C.P., March 5, 1991 be and the same hereby is approved.
PASSED
AYES-11 NOES-0
No.149
Ordinance Amendment/Chapter 175/Fees on Band Shell Rental(A&F)
(Item # 73 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.150
Removal Of Projects From March Bond Sale (Compt)
(Item # 20 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.151
WESTERN REGIONAL OFF-TRACK
BETTING CORPORATION
(Item No. 122, C.C.P., 3/19/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be and the same hereby is received and filed.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No.152
ELMWOOD COMMERCIAL CENTER, OWNER,
PETITION TO USE 2050 ELMWOOD AVENUE
FOR A POLE SIGN FOR EXISTING MOVIE THEATER
(Item No. 124, C.C.P., 3/19/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.153
USE 2050 ELMWOOD (C.P. Bd.)
(Item No. 13, C.C.P. 04/02/91)
That the above item be and the same hereby is returned to the
Common council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.154
ELMWOOD COMMERCIAL CENTER - REQUEST TO PLACE
A POLE SIGN AT 2050 ELMWOOD AVE.
(Item No. 65, C.C.P. 04/02/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola :moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.155
NIAGARA MOHAWK POWER CORP., OWNER,
PETITION TO USE 29 E. OAKWOOD FOR A
RESTRICTED PARKING AREA INCLUDING
ACCESS FROM 76 DEWEW AVENUE
(Item No. 125, C.C.P., 3/19/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.156
Niagara Mohawk/Request Restricted Parkingoakwood & Dewey(CPBD)
(Item # 14 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.157
NIAGARA MOHAWK POWER CORP. - USE 29-49 E. OAKWOOD
FOR A RESTRICTED PARKING LOT
(Item No. 66, C.C.P 04/02/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.158
Application For Restaurant/Dancing-I34 Dewey (PW)
(Item # 45 CCP Dec Il, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.159
Dancing License/l34 Dewey (Police)
(Item # 36 CCP Jan 22, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.160
APPLICATION FOR RESTAURANT
DANCING CLASS IV-561 FOREST AVENUE
(Item No.34, C.C.P., 2/5/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
That the application of Delmar Corporation, d/b/a Bourbon Street, for a
Restaurant-Dancing Class IV license, be and the same hereby is granted, subject
to the following conditions:
l. That the license be granted for dancing only and does not include
the performance of live music.
2. That all doors and windows shall be kept closed any time that music
is played.
3. That the owner shall clean the area on both the Forest and
Claremont sides of the property on a daily basis.
4. That this license shall be granted for a one-year period and that
any renewal shall be subject to the approval of this Common Council.
PASSED
AYES-11 NOES-0
No.161
Restaurant/Dancing License/56l Forest (Police)
(Item # 57 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.162
561 FOREST AVENUE REQUESTS PERMISSION TO
INSTALL AWNING WHICH
ENCROACHES CITY RIGHT OF WAY
(Item No. 37, C.C.P., 2/19/91)
That, pursuant to Chapter 413, Section 56 of the Ordinances, the
Commissioner of Public Works be and hereby is authorized to issue a "mere
license" to Mario D. Carusso, owner of Bourban Street, for installation of an
awning approximately 68 feet in length, 8 feet in height and projecting a
maximum of 3 feet from the building, which encroaches City right-of-way at 561
Forest Avenue provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the existing concrete steps at the said address, which also
encroach the city right-of-way, be included in this mere license.
4. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said awning.
PASSED.
AYES-11 NOES-0
No.163
484 ELMWOOD AVENUE -REQUEST PERMISSION TO INSTALL DOOR ENCROACHING CITY R.O.W.
(Item No. 39, C.C.P. 04/02/91)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Hassib Silbak, owner of the Sahara Restaurant,
484 Elmwood Avenue, to install a door which encroaches the City right-of-way
when opened, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the door be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said door.
PASSED
AYES-11 NOES-0
No.164
RE: NIAGARA FRONTIER TRANSPORTATION AUTHORITY
REQUESTS PERMISSION TO INSTALL FOUR BUS SHELTERS
(Item No. 37, C.C.P., 4/2/91)
That, pursuant to Chapter 413, Section 67 of the Ordinances, the
Commissioner of Public Works be and hereby is authorized to issue a "mere
license" to Niagara Frontier Transportation Authority for installation of four
bus shelters which encroach City right-of-way at William and Babcock (southwest
corner), William and Babcock (northwest corner), Smith and Seneca (southeast
corner) and Sycamore and Oak (southwest corner) provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the bus shelters be installed exactly as shown on plans
submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That after installation, a minimum of four (4) feet of unobstructed
public sidewalk exists at all locations.
4. That the N.F.T.A. assumes responsibility for maintaining the bus
shelters in addition to any city right-of-way areas affected by said
installation.
PASSED
AYES-11 NOES-0
No.165
REQUEST TO ABANDON AND SELL
PORTION OF CASTOR ALLEY
(Item No. 26, C.C.P., 3/19/91)
That Castor Alley be and it hereby is abandoned for public purposes;
and
That the Crosby Company be authorized to have the City's interest in
Castor alley appraised as provided in Section 514 of the Charter of the City of
Buffalo and upon receipt of the report of the appraisers to file same with this
Common Council for its further action; and
That the Comptroller be and he hereby is authorized to negotiate the sale
of Castor Alley to the Crosby Company based on said appraisal and report his
recommendation to this Common Council; and
That as a condition of said sale of Castor Alley, the Crosby Company also
purchase the 10-inch watermain in Castor Alley and comply with the Division of
Water's rules and regulations requiring them to meter this water line at their
property line at William and Castor Alley; and
That the abandonment of Castor Alley shall not become finally effective
until a deed conveying the City's interest in Castor Alley is filed in the Erie
County Clerk's Office.
PASSED.
AYES-11 NOES-0
No.166
REQUEST RESPONSE ON ABANDONMENT OF PIPER STREET
(Item No. 210, C.C.P., 3/19/91)
That Piper Street be and it hereby is abandoned for public purposes;
and
That Tops Markets Inc. be authorized to have the City's interest in Piper
Street appraised as provided in Section 514 of the City Charter and upon
receipt of the report of the appraisers to file same with this Common Council
for its further action; and
That the Comptroller be and he hereby is authorized to negotiate the sale
of Piper Street to Tops Market, Inc. based on said appraisal reports and to
report his recommendation to this Common Council; and
That as a condition of said abandonment and sale Tops Markets, Inc. grant
to the City of Buffalo a ten (10) foot wide easement along the south and east
property lines of the Piper Street right-of-way for public use in the
Scajaquada Pathway Phase B project.
PASSED.
AYES-11 NOES-0
No.167
Request to Abandon Piper Street(CPBD)
(Item # I5 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.168
Abandonment Of Piper Street (Compt)
(Item # 25 CCP apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.169
Abandon Piper St. (PW)
(Item # 40 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.170
Abandon Piper Street (CD)
(Item # 68 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.171
ENVIRONMENTAL ASSESSMENT FORM
COUNCILMEMBER RUTECKI REQUEST TO ABANDON PIPER STREET
(Item No. 67, C.C.P. 4/2/91)
That Item No. 210, C.C.P., March 19, 1991 "COUNCILMEMBER RUTECKI
- REQUEST TO ABANDON PIPER STREET" is an unlisted action as defined in 6 NYCRR
Part 617.2. The Common Council has approval power over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment form (EAF)
on this item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No.172
Ordinance Amendment Chapter 483/Tobacco Products
(Item # 171 CCP Dec 26, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.173
ORDINANCE AMENDMENT
CHAPTER 483, SECTION 13 - VENDING MACHINES
(Item No. 201, C.C.P., 4/2/91)
That the above Ordinance Amendment as contained in Item No. 201,
C.C.P., April 2, 1991 be and the same hereby is approved.
PASSED.
AYES-11 NOES-0
No.174
License Bartenders/Food Service Workers
(Item # 193 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.175
426 FRANKLIN STREET - VARIANCE
(Item No. 102, C.C.P. 04/02/91)
That the law firm of Siegel, Kelleher & Kahn, owners of 426 Franklin
Street,be, and they hereby are granted a variance from Sections 60 and 66 of
the Ordinances of the City of Buffalo as they existed prior to July, 1985, for
those enumerated conditions which existed at 426 Franklin Street prior to the
City's adoption of the New York State Uniform Building Code on July l, 1985.
PASSED
AYES-11 NOES-0
No.176
REDUCTION OF FIRE BATTALION
(Item No. 171, C.C.P., 2/19/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppoia moved that the above item be recommitted to the Committee on
Legislation
ADOPTED
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, PERLA, RUTECKI-9
NOES- ARTHUR, COPPOLA-2
No.177
Referendum on Reduction in Fire Battalions (CC)
(Item # 49 CCP Feb 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.178
Management/Operations of The Buffalo Police Department (A&F)
(Item # 95 CCP Mar l9, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee on Police Reorganization.
ADOPTED
No.179
Downtown Special District Vending List (PW)
(Item # 36 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.180
Revised downtown Special District Vending List (PW)
(Item #41 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.181
Final Report on Commission on Quality Education
(Item # 75 CCP Jan 8, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.182
Health Education Curriculum for Schools
(Item # 172 CCP Dec 26, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.183
Health Education Curriculum (Bd. Ed.
(Item # 77 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.184
Reed St. Committee/Reinstal Fence MLK Park
(Item # 104 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.185
Fencing at Martin Luther King Park (Parks)
(Item # 52 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.186
Equality in Learning (Except Resolve #l)
(Item # 192 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.187
Occupancy Agreement/Cornelius Creek Park (CC)
(Item # 47 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.188
1991 Legislative Package (Mayor)
(Item # 8 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No.189
Hearing - Land Disposition Agreement
South/Fillmore - New Housing Project
(Item No.69 C.C.P. April 2, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on April 16, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the
Common Council and the hearing be opened. CARRIED.
Appearances:-Louis Malucci, D. Jayes
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey moved
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Apex Development & Construction Co., and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement (LDA) has been duly
submitted to this Common Council by the Buffalo Urban Renewal Agency; and
WHEREAS, said LDA provided for conveyance of the Property as described in
Schedule A from BURA to the Redeveloper for the construction of five (5)
residential dwelling units, and
WHEREAS, BURA and Redeveloper have requested to amend said LDA to include
three (3) additional scattered site parcels which are located within the South
Councilmanic District which is situated in the Community Wide Urban Renewal
Homestead Program,
NOW, THEREFORE, BE IT RESOLVED:
(l) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and Apex Development & Construction Co. shall be
amended as follows:
a.) Amend Section 4:
SECTION 4 TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS.
The construction or rehabilitation of the Improvements referred to in
Section 301 hereof shall be commenced in any event within one (l) month after
the date of the delivery of each Deed, and, except as otherwise provided in the
Agreement, shall be completed within six (6) months after such date. In any
event construction of all said improvements shall begin on or before ______and
shall be completed on or before_____. The improvements referred to herein shall
be defined as the construction of eight (8) residential dwelling units on the
Property described in Schedule A attached hereto.
b.) Amend Schedule "A" as attached hereto to include the following:
278 Germania Street
280 Germania Street
266 Mystic Street
267 Germania Street
c.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That Apex Development & Construction Co. and/or other legal entity to
be formed was duly designated as qualified and eligible Redeveloper by the
Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for
Community Wide Urban Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES-11 NOES-0
No.190
Hearing - Land Disposition Agreement
Masten - New Housing Project
(Item No. 70, C.C.P. April 2, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on April 16, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:-Louis Malucci, B. Czaja, Rev. J. Josey
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey moved
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Huber Construction, Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That Huber Construction, Inc. and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the MasteR New
Housing Project Phase lID in the Community Wide Urban Renewal Homestead program
Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES-11 NOES-0
No.191
HORIZON'S WATERFRONT COMMISSION REAPPOINTMENT
(Item No. 198, 04/02/91)
That James William Harrington, Jr., be, and he hereby is, reappointed
as the Council's representative on the Horizons Waterfront Commission for a
term ending March 2, 1994.
ADOPTED
RESOLUTIONS
BY:Mr. Arthur
Councilmember excused from atendance
at Council meeting
Resolved, that Councilmember Rosemarie LoTempio be and hereby
is excused from attendance at the Council meeting of April 16, 1991, due to
absence from the state.
ADOPTED
No.193
BY: MR. ARTHUR
Budget bills S.2951/A.4451 and S.2932/A.4432 that are proposed
by Governor.
WHEREAS: Two budget bills (S.295I/A.4451 and S.2932/A.4432) proposed
by the Governor are included in his 1991-1992 budget. The intent of both bills
is to raise additional State revenues through either limiting the sales tax
abatement powers of IDAs throughout New York State or by imposing a new
progressive Bond Issuance Charge (BIC) on all bonds issued by SPAs; and
WHEREAS: If these restrictions are allowed, the ongoing efforts or Local
SPAs to diversify the economic base of the region will be increasingly and
irretrievably weakened sharply curtailing the IDA's ability to promote new
catital investment and stabilize the tax base of New York State.
NOW, THEREFORE, BE IT RESOLVED THAT:
This Common Council joins with the Erie County Industrial Development Agency
and the Economic Development Council (of New York State Business Council)
composed of IDA and Economic Development Agencies from around the state to ask
the WNY Delegation to the State Legislature to vote against these bills
(S.293I/A.4451 and S.2932/A.4432) or in the case of the latter bill at a
minimum eliminate progressivity by imposing a flat .05% on all IDA bond
transactions.
ADOPTED
No.194
BY:MR. ARTHUR & MR. COLLINS
TRANSFER OF BLOCK GRANT FUNDS
WHEREAS: The Varrick Senior Citizen Center will not operate for
the rest of the year because of the untimely death of its director; and
WHEREAS: Because of the closing of this center, $15,000 in block grant
monies will remain unspent for senior citizen activities; and
WHEREAS: The elderly who were served by the Varrick Center would be most
benef itted by the Friends of the Elderly Senior Citizen Center; NOW, THEREFORE
BE IT RESOLVED:
That this Common Council requests that the Department of Human Resources
transfer the $15,000 remaining in the Varrick Senior Citizens account to the
Friends of the Elderly.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF HUMAN
RESOURCES.
No.195
BY:MESSRS. ARTHUR AND RUTECKI
Bakery Salvage, Subpoenas
WHEREAS: The Common Council is conducting and may now resume conducting,
by court order, hearings involving the operation by the Bakery Salvage
Corporation of its plant at 138 Chandler Street; and
WHEREAS: Joseph A. Fiorella, Esq. has been retained to represent the Council
in Court and other proceedings involving the Bakery Salvage Corp. and this
Council; and
WHEREAS: Mr. Fiorella has determined that various witnesses should be
compelled to attend future hearings; and
WHEREAS: This Council is obliged to provide transcripts of these hearings,
free of charge to qualified persons requesting transcripts.
NOW, THEREFORE, BE IT RESOLVED THAT:
The President of the Council issue subpoenas to compell the attendance of
witnesses from the New York State Department of Agriculture and Markets and
from the City of Buffalo Departments of Inspections and Community
Revitalization and Public Works at future hearings of the Council (and at
pre-hearing inquests) and subpoenas duces tecum, such subpoenas to be duly
executed for persons with knowledge.
ADOPTED.
No.196
BY: MR. BELL
MEETING WITH PRINCIPALS OF PILOT AIR FREIGHT
WHEREAS: The Buffalo Common Council, at its meeting of April 2,
1991, authorized and directed the Corporation Counsel to terminate the
agreement relating to the naming rights of the downtown baseball stadium; and
WHEREAS: The Mayor of Buffalo has met privately with principals of Pilot Air
Freight to reach some sort of out of court settlement; and
WHEREAS: All members of the Common Council should have been invited to this
meeting, so that all concerns could be expressed in an open forum; and
WHEREAS: Any meeting held on this issue could be interpreted as an attempt
at renegotiation of the agreement with Pilot Air Freight; and
WHEREAS: This Council should be made aware of any and all dialogue that
pertains to this issue;
NOW, THEREFORE BE IT RESOLVED:
That this Council requests a meeting with the principals of Pilot Air Freight
to see if an out of court settlement can be reached in order to avoid any and
all litigation on this issue.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No.197
BY:MR. COLLINS:
Reduced Parking for RSC-Independent Living
WHEREAS: Belmont Shelter Corporation, has received a Fund Reservation
froi the United States Department of Housing and Urban Development (HUb) and is
preparing to submit the Firm Commitment application to HUD for construction and
operation of a 12 unit apartment development for Physically Handicapped
persons:
and
WHEREAS: The HUD section 202 program permits occupancy only by persons who
are 62 years old or older or by handicapped persons: and
WHEREAS: Article XIX, "Off-Street Parking and Loading", Section 511-96,
Subsection (D)(2) of the Zoning Ordinance provides that the Common Council may
reduce the parking requirements of Subsection (A) to not less than forty
percent (40%): and
WHEREAS: 5 parking spaces are proposed by the owner: and
WHEREAS: These 5 spaces exceed the 40% requirement: and
WHEREAS: HUD requires that permission such as that provided by this
resolution be in place at this time.
NOW, THEREFORE BE IT
RESOLVED: That this Common Council hereby adopts the policy of reducing the
parking requirement for this apartment building to 5 spaces: and
BE IT FURTHER
RESOLVED: That this resolution shall enure to the benefit only of the
apartment building to be known as BSC-Independent Living, HUb Project Number
014-HH003 which will be owned by the BIL Housing Development Fund Company,
Inc., a NY State not-for-profit corporation created and supervised by the
Belmont Shelter Corporation.
and
BE IT FURTHER
RESOLVED: That a certified copy of this approved resolution be sent to
Elizabeth Huckabone, President, Belmont Shelter Corporation, 1193 Main Street,
Buffalo, New York 14209
PASSED
AYES-11 NOES-0
No.198
By: Mr. Collins
Transfer of Funds
Appropriation Allotments - Exempt Items
Enterprise capital Projects Fund -
Division of Development
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$25,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements$25.000
To:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund$25.000
From:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund$25,000
To:
415 Capital Projects Fund - Enterprise Funds
71-7 - Division of Development
101 - Expansion of Pilot Field$25,000
REFERRED TO THE C0MMITTEE ON FINANCE
No.199
BY: MR. COLLINS:
BOND RESOLUTION
$55,000 SERIAL BONDS
RECONSTRUCTION IN PART, OF THE MUSEUM OF
SCIENCE BUILDING
ACCOUNT 200-402-072
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $55,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY , AND THE
PROVISION OF $5,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF
RECONSTRUCTION, IN PART, OF THE MUSEUM OF SCIENCE BUILDING, AT THE ESTIMATED
MAXIMUM COST OF $60,000.
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 (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Fifty-Five Thousand Dollars ($55,000), 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 to provide the
sum of Five Thousand Dollars ($5,000) from current funds as a down payment to
finance the cost of reconstruction, in part, of the Museum of Science building,
including reconstruction of the front steps and entrance, and to purchase the
original furnishings, equipment, machinery and apparatus required in connection
with the purpose for which said building, as reconstructed, is to be used. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $60,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Public Works,
Division of Buildings, "Reconstruction of Science Building 1990-91," Bond
Authorization Account No. 200-402-072, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building 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 resolution are to be issued, within the limitations of
Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $5,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.200
BY: MR. COLLINS:
BOND RESOLUTION
$75,000 SERIAL BONDS
RECONSTRUCTION IN PART, OF SCHOOL # 12 ACCOUNT 200-970-08A
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $75,000 SCHOOL SERIAL BONDS OF SAID CITY AND THE PROVISION OF
$5,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECONSTRUCTION,
IN PART, OF SCHOOL 11 12, AT THE ESTIMATED MAXIMUM COST OF $80,000.
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 (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Seventy-Five
Thousand Dollars ($75,000), 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 to provide the sum of Five
Thousand Dollars ($5,000) from current funds as a down payment to finance the
cost of reconstruction, in part, of School Il 12, including replacement of the
existing roof and flashing, and to purchase the original furnishings,
equipment, machinery and apparatus required in connection with the purpose for
which said building, as reconstructed, is to be used. The estimated maximum
cost of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $80,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Replacement
of Roof at School Il 12 1990-91," Bond Authorization Account No. 200-970-08~
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) 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) (1) of the Local Finance Law, is twenty (20) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $5,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as prescribed by
renewals of said notes shall contain the recital of validity as 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 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 to the punctual payment of the principal of and
interest on said bonds and said notes. Provisi0fl 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE.
No.201
BY: MR. COLLINS:
BOND RESOLUTION
$95,000 SERIAL BONDS
FOR THE RECONSTRUCTION,IN PART, OF SCHOOL # 65
ACCOUNT 200-970-064
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $95,000 SCHOOL SERIAL BONDS OF SAID CITY AND THE PROVISION OF
$5,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECONSTRUCTION,
IN PART, OF SCHOOL # 65, AT THE ESTIMATED MAXIMUM COST OF $100,000.
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 (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Ninety-Five
Thousand Dollars ($95,000), 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 to provide the sum of Five
Thousand Dollars ($5,000) from current funds as a down payment to finance the
cost of reconstruction, in part, of School Il 65, including replacement of the
existing roof and flashing, and to purchase the original furnishings,
equipment, machinery and apparatus required in connection with the purpose for
which said building, as reconstructed, is to be used. The estimated maximum
cost of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $100,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Replacement
of Roof at School Il 65 1990-91," Bond Authorization Account No. 200-970-064
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) 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) (1) of the Local Finance Law, is twenty (20) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $5,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and that
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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.202
BY: MR. COLLINS:
BOND RESOLUTION $100,000 SERIAL BONDS RECONSTRUCTION, IN PART,
OF LIBRARY BUILDINGS ACCOUNT 200-402-050
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $100,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY , AND
THE PROVISION OF $10,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST
OF RECONSTRUCTION, IN PART, OF LIBRARY BUILDINGS, AT THE ESTIMATED MAXIMUM 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 (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Thousand Dollars ($100,000), 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 to provide the
sum of Ten Thousand Dollars ($10,000) from current funds as a down payment to
finance the cost of reconstruction, in part, of library buildings in the City,
and to purchase the original furnishings, equipment, machinery and apparatus
required in connection with the purpose for which said buildings, as
reconstructed, are to be used. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $110,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Public Works,
Division of Buildings, "Reconstruction of Various Library Buildings 1990-91,"
Bond Authorization Account No. 200-402-050, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing buildings are 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 class of objects or purposes for which the bonds
authorized by this resolution are to be issued, within the limitations of
Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $10,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAlD ON THE TABLE
No.203
BY: MR. COLLINS:
BOND RESOLUTION $140,000 SERIAL BONDS THE REPLACEMENT OF TREES,
IN THE CITY ACCOUNT 200-601-036
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $140,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE
PROVISION OF $10,000 CURRENT FUNDS, TO FINANCE THE COST OF THE REPLACEMENT OF
TREES, IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $150,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Forty Thousand Dollars ($140,000), 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 to provide
the sum of Ten Thousand Dollars ($10,000) from current funds to finance the
cost of replacment of trees in the City, including removal of diseased trees
and planting of replacement trees. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $150,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1990/91.
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, and current funds, shall be deposited in the Capital Projects
Fund to the credit of the Department of Parks, Division of Parks, "Tree
Planting Program 1990-91," Bond Authorization Account No. 200-601-036, and
shall be used for the purpose specified in Section 1 of this resolution.
Section 3. 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) 57. (1st) 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. 5 of the Law, however, current funds in the amount of $10,000
were appropriated for this purpose in the duly adopted Budget of said City for
fiscal year 1990/91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.204
BY: MR. COLLINS:
BOND RESOLUTION $190,000 SERIAL BONDS RECONSTRUCTION, IN PART,
OF SCHOOL #3 ACCOUNT 200-970-079
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $190,000 SCHOOL SERIAL BONDS OF SAID CITY, AND THE PROVISION OF
$10,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECONSTRUCTION,
IN PART, OF SCHOOL Il 3, AT THE ESTIMATED MAXIMUM COST OF $200,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of One Hundred
Ninety Thousand Dollars ($190,000), 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 to provide the sum
of Ten Thousand Dollars ($10,000) from current funds as a down payment to
finance the cost of reconstruction, in part, of School Il 3, including
replacement of windows and installation of insulation panels, and to purchase
the original furnishings, equipment, machinery and apparatus required in
connection with the purpose for which said building, as reconstructed, is to be
used. The estimated maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $200,000 as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Window
Replacement at School Il 3 1990-91," Bond Authorization Account No.
200-970-079, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) 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) (1) of the Local Finance Law, is twenty (20) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $10,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.205
BY: MR. COLLINS:
BOND RESOLUTION $215,000 SERIAL BONDS RECONSTRUCTION, IN PART,
OF THE GROVER CLEVELAND HIGH SCHOOL ACCOUNT 200-970-072
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $215,000 SCHOOL SERIAL BONDS OF SAID CITY IN ADDITION TO
$380,000 SERIAL BONDS HERETOFORE AUTHORIZED, AND THE PROVISION OF $15,000
CURRENT FUNDS AS A DOWN PAYMENT IN ADDITION TO $20,000 CURRENT FUNDS HERETOFORE
APPROPRIATED, TO FINANCE THE COST OF THE RECONSTRUCTION, IN PART, OF GROVER
CLEVELAND HIGH SCHOOL, AT THE ESTIMATED MAXIMUM COST OF $630,000.
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 (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Two Hundred
Fifteen Thousand Dollars ($215,000) in addition to $380,000 serial bonds
heretofore 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"); and to provide the sum of Fifteen
Thousand Dollars ($15,000), in addition to $20,000 current funds heretofore
appropriated, from current funds as a down payment to finance the cost of the
reconstruction, in part, of Grover Cleveland High School including the
replacement of windows, and to purchase the original furnishings, equipment,
machinery and apparatus required in connection with the purpose for which said
building, as reconstructed, is to be used. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $630,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Window
Replacement at Grover Clevland High School 1990-1991," Bond Authorization
Account No. 200-970-072, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The building to be 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 resolution are to be issued, within the
limitations of Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is
fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $15,000 shall be provided, prior to the issuance of the bonds
renewals of said notes shall contain the recital of validity as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.206
BY: MR. COLLINS:
BOND RESOLUTION $235,000 SERIAL BONDS RECONSTRUCTION, IN PART,
OF SCHOOL # 70 ACCOUNT 200-970-081
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $235,000 SCHOOL SERIAL BONDS OF SAID CITY AND THE PROVISION OF
$15,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECONSTRUCTION,
IN PART, OF SCHOOL Il 70, AT THE ESTIMATED MAXIMUM COST OF $250,000. (Account
200-970-081)
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 (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Two Hundred
Thirty-Five Thousand Dollars ($235,000), 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 to provide the
sum of Fifteen Thousand Dollars ($15,000) from current funds as a down payment
to finance the cost of reconstruction, in part, of School Il 70, including
replacement of windows and installation of insulation panels, and to purchase
the original furnishings, equipment, machinery and apparatus required in
connection with the purpose for which said building, as reconstructed, is to be
used. The estimated maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $250,000 as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Window
Replacement at School Il 70 1990-91," Bond Authorization Account No.
200-970-081, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) 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) (1) of the Local Finance Law, is twenty (20) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $15,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and th
renewals of said notes shall contain the recital of validity as 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 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 to 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 5. 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 whic the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date c the
publication of such 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: April 16, 1991
LAID ON THE TABLE
No.207
BY:MR. COLLINS:
BOND RESOLUTION $235,000 SERIAL BONDS RECONSTRUCTION, IN PART,
OF SCHOOL #71 ACCOUNT 200-970-078
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $235,000 SCHOOL SERIAL BONDS OF SAID CITY AND THE PROVISION OF
$15,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECONSTRUCTION,
IN PART, OF SCHOOL Il 71, AT THE ESTIMATED MAXIMUM COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Two Hundred
Thirty-Five Thousand Dollars ($235,000), 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 to provide the
sum of Fifteen Thousand Dollars ($15,000) from current funds as a down payment
to finance the cost of reconstruction, in part, of School Il 71 to provide for
replacement of windows and insulation panels, and to purchase the original
furnishings, equipment, machinery and apparatus required in connection with the
purpose for which said building, as reconstructed, is to be used. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $250,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Window
Replacement Program at School Il 71 1990-91," Bond Authorization Account No.
200-970-078, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building 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 resolution are to be issued, within the limitations of
Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $15,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.208
BY:MR. COLLINS:
BOND RESOLUTION $250,000 SERIAL BONDS HANDICAPPED ACCESS IMPROVEMENTS
FOR CITY OWNED FACILITIES ACCOUNT 200-402-062
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY TO
FINANCE THE COST OF HANDICAPPED ACCESS IMPROVEMENTS FOR CITY OWNED FACILITIES,
AT THE ESTIMATED TOTAL COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said 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
Serial Bonds of said City in the principal amount of Two Hundred Fifty Thousand
Dollars ($250,000), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"), to finance the cost of Handicapped Access
Improvements for city facilities. 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 $250,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1990-91.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Handicapped Access
Program 1990-91", Bond Authorization Account No. 200-402-062, and shall be used
for the class of objects or purposes specified in Section 1 of this resolution.
Section 3. 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) 35. of the Law, is five (5) years.
(b) No down payment is required pursuant to Section 107.00 (d) (5) of the
Local Finance Law.
Section 4. 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 5. 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:
1. Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
2. 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
3. Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: April 16, 1991
LAID ON THE TABLE
No.209
BY: MR. COLLINS:
BOND RESOLUTION $380,000 SERIAL BONDS CONSTRUCTION OF A BUILDING
FOR THE CAFETERIA AT SCHOOL #3 ACCOUNT 200-970-066
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $380,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY IN
ADDITION TO $490,000 SERIAL BONDS HERETOFORE AUTHORIZED, AND THE PROVISION OF
$20,000 CURRENT FUNDS AS A DOWN PAYMENT IN ADDITION TO $30,000 CURRENT FUNDS
HERETOFORE APPROPRIATED, TO FINANCE THE COST OF THE CONSTRUCTION OF AN ADDITION
TO AND PARTIAL RECONSTRUCTION OF SCHOOL 113, AT THE ESTIMATED MAXIMUM COST OF
$920,000.
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 (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Three Hundred Eighty Thousand Dollars ($380,000) in addition to $490,000 serial
bonds heretofore 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"); and to provide the sum of Twenty
Thousand Dollars ($20,000), in addition to $30,000 current funds heretofore
appropriated, from current funds as a down payment to finance the cost of the
construction of an addition to and partial reconstruction of School 113 to
provide new cafeteria facilities and to purchase the original furnishings,
equipment, machinery and apparatus required in connection with the purpose for
which said building, as reconstructed, is to be used. The estimated maximum
cost of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $920,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education,
"Construction of Cafeteria at School 113 1990-1991," Bond Authorization Account
No. 200-970-066, and shall be used for the purpose specified in Section 1 of
this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to existing building is
of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law,
and 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)(1) of the Local Finance Law, is twenty (20) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $20,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.210
BY:MR. COLLINS:
BOND RESOLUTION $475,000 SERIAL BONDS CONSTRUCTION OF THE OLD
FIRST WARD, COMMUNITY CENTER ACCOUNT 200-402-024
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $475,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY IN
ADDITION TO $1,425,000 SERIAL BONDS HERETOFORE AUTHORIZED, AND THE PROVISION OF
$25,000 CURRENT FUNDS AS A DOWN PAYMENT IN ADDITION TO $75,000 CURRENT FUNDS
HERETOFORE APPROPRIATED, TO FINANCE THE COST OF THE RECONSTRUCTION OF THE OLD
FIRST WARD COMMUNITY CENTER, AT THE ESTIMATED MAXIMUM 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 (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Four Hundred Seventy-Five Thousand Dollars ($475,000) in addition to $1,425,000
serial bonds heretofore 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"); and to provide the sum
of Twenty-Five Thousand Dollars ($25,000), in addition to $75,000 current funds
heretofore appropriated, from current funds as a down payment to finance the
cost of the reconstruction of the Old First Ward Community Center and to
purchase the original furnishings, equipment, machinery and apparatus required
in connection with the purpose for which said building, as reconstructed, in to
be used. The estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$2,000,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Public Works,
Division of Buildings, "Construction of Old First Ward Community Center
1990-1991," Bond Authorization Account No. 200-402-024, and shall be used for
the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "B" construction as defined by
Section 11. 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 Local Finance Law, is fifteen (15) years.
(b) Pursuant to SeCtion 107.00 of the Local Finance Law, the required
down payment of $25,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THETABLE.
No.211
BY:MR. COLLINS:
BOND RESOLUTION $570,000 SERIAL BONDS RECONSTRUCTION, IN PART,
OF SCHOOL, # 81 ACCOUNT 200-970-080
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $570,000 SCHOOL SERIAL BONDS OF SAID CITY AND THE PROVISION OF
$30,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECONSTRUCTION,
IN PART, OF SCHOOL # 81, AT THE ESTIMATED MAXIMUM 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 (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Five Hundred
Seventy Thousand Dollars ($570,000), 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 to provide the sum
of Thirty Thousand Dollars ($30,000) from current funds as a down payment to
finance the cost of reconstruction, in part, of School # 81, including
replacement of windows and installation of insulation panels, and to purchase
the original furnishings, equipment, machinery and apparatus required in
connection with the purpose for which said building, as reconstructed, is to be
used. The estimated maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $600,000 as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Window
Replacement at School # 81 1990-91," Bond Authorization Account No.
200-970-080, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) 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) (1) of the Local Finance Law, is twenty (20) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $30,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April l6, 1991
LAID ON THE TABLE.
No.212
BY: MR. COLLINS:
BOND RESOLUTION $595,000 SERIAL BONDS THE RECONSTRUCTION OF THE
HEATING SYSTEM AT RIVERSIDE HIGH SCHOOL ACCOUNT 200-970-083
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $595,000 SCHOOL SERIAL BONDS OF SAID CITY AND THE PROVISION OF
$35,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF THE
RECONSTRUCTION OF THE HEATING SYSTEM AT RIVERSIDE HIGH SCHOOL, AT THE ESTIMATED
MAXIMUM COST OF $630,000.
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 (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Five Hundred
Ninety-Five Thousand Dollars ($595,000), 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 to provide the
sum of Thirty-Five Thousand Dollars ($35,000) from current funds as a down
payment to finance the cost of reconstruction of the heating system at
Riverside High School, including the installation of a new boiler. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $630,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Board of Education, "Replacement
of Boiler at Riverside High School 1990-91," Bond Authorization Account No.
200-970-083, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. 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) 13. of the Local Finance Law, is
ten (10) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $35,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as prescribed by
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.213
BY: MR. COLLINS:
BOND RESOLUTION $190,000 SERIAL BONDS THE CONSTRUCTION OF BUILDINGS
ON THE ONTARIO STREET PORTION OF BUFFALO RI VERWALK ACCOUNT 200-601-038
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $190,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE
PROVISION OF $10,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF
THE CONSTRUCTION OF BUILDINGS ON THE ONTARIO STREET PORTION OF BUFFALO
RIVERWALK, AT THE ESTIMATED MAXIMUM COST OF $200,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Ninety Thousand Dollars ($190,000), 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 to provide
the sum of Ten Thousand Dollars ($10,000) from current funds as a down payment
to finance the cost of recreational area improvements, including the
construction of a building on the Ontario Street portion of Buffalo Riverwalk
to provide restrooms and concession facilities and other improvements and to
purchase the original furnishings, equipment and apparatus required in
connection with the purchase for which said building is to be used. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $200,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Parks, Division of
Parks, "Improvements to Ontario Boat Launch 1990-91," Bond Authorization
Account No. 200-601-038, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. 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 Local Finance Law,
is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $30,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from currnt funds appropriated for this
purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAID ON THE TABLE
No.214
BY: MR. COLLINS:
BOND RESOLUTION $235,000 SERIAL BONDS THE CONSTRUCTION OF AN ADDITION
TO AND PARTIAL RECONSTRUCTION OF THE SCHILLER PARK SENIOR CITIZEN CENTER
ACCOUNT 200-717-066
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $235,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY , AND
THE PROVISION OF $15,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST
OF THE CONSTRUCTION OF AN ADDITION TO AND PARTIAL RECONSTRUCTION OF THE
SCHILLER PARK SENIOR CITIZEN CENTER, AT THE ESTIMATED MAXIMUM COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Two Hundred Thirty-Five Thousand Dollars ($235,000), 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 to
provide the sum of Fifteen Thousand Dollars ($15,000) from current funds as a
down payment to finance the cost of construction of an addition to and partial
reconstruction of public facilities of the Schiller Park Senior Citizen Center
located at 2057 Genesee Street. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $250,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1990-91.
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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Community
Development, Division of Development, "Lovejoy DistrictAcquisition,
Construction, Reconstructionpublic Facilities 1990-91," Bond Authorization
Account No. 200-717-066, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of at least Class "B" construction as
defined by Section 11.00 a. 11. (b) of the Law, and 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 Local Finance Law, is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $15,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. 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 as 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 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 to 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 5. 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 such 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: April 16, 1991
LAlD ON THE TABLE.
No.215
BY: MR. COLLINS
DISCHARGE THE FINANCE COMMITTEE - RES 202 - C.C.P.- APRIL 2, 1991
"CONSENT ORDER - KINGSLEY PARK (RESOLVE 3 & 4)"
WHEREAS: Item Number 202 - C.C.P. April 2, 1991 - "Consent Order
- Kingsley Park (Resolve 3 & 4)" is presently before 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 item number 202, C.C.P. April 2, 1991 (Resolve 3 & 4) and said
item is now before the Council; and
BE IT FURTHER RESOLVED THAT:
The third resolve be amended to read "This Common Council hereby attaches the
following conditions to its approval of the order on consent for Kingsley Park
remediation:
l) Cleanup of all soils identified through testing as having lead levels
higher than the normal maximum background level of 200 parts per million. Under
current plans, several areas which have been identified as being contaminated
with levels between 200 and 2,260 parts per million of lead will be left
untreated;
2) Monitoring of soil lead and arsenic levels yearly for at least five years
after remediation. Current plans appear to call only for the monitoring of
groundwater from the Park.
3) Further extensive health testing for those who have been exposed to
contaminants in order to resolve as definitively as possible whether or not the
hazardous wastes have had any health impacts on the park's neighbors. Tests
done to date have not been adequate to make such a determination. New testing
should include a rescreening of the entire community, provision for more
in-depth health testing for individuals, and the design and execution of a
comprehensive epidemiological study for the community
4) Detailed health and safety measures for neighbors of the park while
remediation takes place. Each neighbor should receive a written evaluation of
the health risks presented by the remediation including potential exposure
routes, symptoms to be aware of, projected ambient air levels of contaminants,
projected migration levels of contaminants and an explanation of safety
precautions being taken by the DEC and its contractors
5) Broader environmental sampling of the community around Kingsley Park,
including, but not limited to, sampling of yards on Kingsley Street across from
the Park
6) An analysis of the costs of evacuation, relocation and compensation of
the residents in direct proximity of the park
7) The DEC and the city issue a report on the socioeconomic status and
environmental protection programs in place in the community of the site chosen
for storage and/or disposal of the contaminated Kingsley Park soil
8) The removal of contaminated soils from the Park to be considered Phase l
of a Masten Environmental Rehabilitation Project, with Phase II encompassing an
analysis of the special needs of this community related to food, education and
health care which have resulted from the contamination of the Park, and Phase
III including the establishment of programs to meet those needs
PASSED
AYES-11 NOES-0
No.216
BY:MR. COPPOLA
REQUEST LEAD ABATEMENT
UPDATE FROM BMHA
WHEREAS: The Common Council adopted a resolution requesting an
ordinance regarding lead in drinking water in public buildings on October 3,
1989; and
WHEREAS: Lead is a toxic metal which is detrimental to the health of
individuals especially young children which can cause damage to the central and
peripheral nervous system, learning disabilities, shorter stature, impaired
hearing and impaired formation and function of blood cells; and
WHEREAS: The resolution resolved that the Department of Public Works and the
Buffalo Municipal Housing Authority to produce annual reports to the Mayor,
Common Council and the Environmental Management Commission, identifying lead
problems and the efforts made to eliminate the problems in public drinking
water.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council request that the Buffalo Municipal Housing Authority give
an update as to the lead contamination and what is being done to elevate the
contamination in public housing.
ADOPTED
No.217
BY:MR. COPPOLA
REQUEST FIRE COMMISSIONER
TO MOVE A DIESEL FUEL PUMP
INSIDE FIREHOUSE
WHEREAS: Located outside the firehouse on Leroy and Halbert streets
is a diesel fuel pump used to fuel fire engines; and
WHEREAS: The pump releases fumes which have caused headaches and nausea for
near by residents who inevitably inhale the fumes; and
WHEREAS: This matter was addressed to the Fire Commissioner at a prior date
and his solution was to use all precautions when fueling the trucks and to wash
down any gasoline spills, if these procedures were followed correctly it has
been ineffective; and
WHEREAS: At one point the diesel fuel pump was located inside the firehouse
which made problems less severe.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council request that the Fire.Commissioner place the diesel fuel
pump back inside the firehouse to alleviate the problem caused bt the fumes
given off.
ADOPTED
No.218
BY: MR. COPPOLA
DRUG-FREE WORKPLACE PROGRAM
WHEREAS: The Common Council adopted Resolution 211, 7/31/90, regarding:
Drug-Free Workplace Program; and
WHEREAS: The purpose of that Resolution was to demonstrate leadership of
City Officials by submitting to voluntary drug testing; and
WHEREAS: The City of Buffalo, as a federal grant recipient, is required to
provide a drug-free workplace; and
NOW, THEREFORE BE IT RESOLVED THAT:
The director of Substance Abuse develope data, provide recommendations, confer
with union leadership; and
BE IT FURTHER RESOLVED THAT:
That the director of Substance Abuse advise the Common Council as to the
feasibility of implementing a voluntary program.
ADOPTED
No.219
BY: MR. COPPOLA
SALE OF TICKETS BY THE BUFFALO POLICE DEPARTMENT
WHEREAS: At his press conference of April 15, 1991 Mayor Griffin
stated he saw nothing wrong with uniformed Police Officers selling tickets to a
fundraiser to benefit former Parks Commissioner Robert Delano's legal defense
fund; and
WHEREAS: The Rules and Regulations governing the Buffalo Police Department,
(Manual of Procedure -Chapter 4 section 4.6) prohibits the sale of any tickets
by members of the Department; and
NOW, THEREFORE BE IT RESOLVED THAT:
That this Common Council does hereby object, in the strongest possible terms,
to the sale of tickets to benefit Robert Delano, by city employees, on city
time, at city facilities; and
BE IT FURTHER RESOLVED THAT:
That this Common Council requests Police Commissioner Degenhart to stop the
sale of these tickets by individuals under his command when they are on city
time; and:
BE IT FURTHER RESOLVED THAT:
This Common Council requests the U.S. Attorneys office to look into the
legality of ticket sales for Robert Delano by on-duty Buffalo Police Officers;
and
BE IT FINALLY RESOLVED THAT:
This Common Council supports the right of any and all city employees to refuse
to purchase a ticket for the benefit of Former Commissioner Robert Delano and
it will stand steadfast in its support for any and all city employees who may
suffer retributions as a result of their refusal to purchase said ticket.
ADOPTED.
No.220
BY: Mr. Fahey
United Nations Resolution
#688 The Kurds
Whereas: The Kurdish people have been a country divided since World
War I by the indiscriminately drawn national boundaries of Turkey, Iraq, and
the U.S.S.R.; and
Whereas: For decades the Kurds have been a vocal opposition in Iraq
resisting the tyrannical rule of the Baath Party; and
Whereas: In 1980 Iraq invaded neighboring Iran and Saddam Hussein demanded
unquestioned devotion to the war; and
Whereas: The Kurdish people, seeing an opportunity to release themselves
from the oppressive Iraqi regime, rebelled; and
Whereas: To quell Kurdish resistance during the Iran-Iraq War, the President
of Iraq, Saddam Hussein authorized the use of poison gas on the Kurdish people;
and
Whereas: In 1990 Iraq invaded Kuwait and was promptly evicted and then
occupied by the Allied forces that liberated Kuwait; and
Whereas: The Kurdish people, encouraged by the Western powers and the
disorder within Iraq, attempted to liberate themselves from the regime of
Saddam Hussein; and
Whereas: The Iraqi government has used deadly force against the unarmed
civilian population causing a mass exodus of Kurds to neighboring Turkey and
Iran; and
Whereas: The refugees are ill fed and sheltered and cannot hope to survive
the continuing Iraqi attack on their villages without Western assistance.
Whereas: British Prime Minister John Major has proposed a "safe haven" in
northern Iraq for the Kurdish people, which was endorsed by the 12-member
European Community, to allow an enclave for humanitarian purposes.
Now, Therefore Be It Resolved:
That this Council supports the unprecedented United Nations Security Council
Resolution #688 that "condemns the repression of the Iraqi civilian population
in many parts of Iraq, including most recently in Kurdish populated areas, the
consequences of which threaten international peace and security in the region".
It also demands that "Iraq immediately end this repression and that an open
dialogue will take place to ensure that the human and political rights of all
Iraqi citizens are respected".
Be It Further Resolved:
That this Council supports the concept of a safe haven for the Kurdish
people and encourages the U.N. Security Council to vote in favor of the British
proposal.
Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to the
President of the United States, the United States Congress, and the United
States Ambassador to the United Nations.
ADOPTED
No.221
BY:MR. FAHEY
MEMORIALIZE STATE LEGISLATURE
REINSTATEMENT OF MARCHISELLI
FUNDING FOR HIGHWAY CONSTRUCTION
WHEREAS: Prior to the 1989-90 State fiscal year, under the flarchiselli
Funding Program, the State provided 75% of the local share of Federally funded
highway projects; and
WHEREAS: In the 1989-1990 budget the State completely eliminated the
Narchiselli Program; and
WHEREAS: The State is still providing some much needed and appreciated
funding for the local share of highway projects, but only after the City has
signed an agreement to fund the entire local match as required by the NY State
Department of Transportation (DOT) before the DOT begins design work on a
highway project; and
WHEREAS: This process forces the City to allocate large sums in its capital
budget for projects which may eventually be funded by the State, thus
distorting the City capital budget and forcing the neglect of other sorely
needed capital projects; and
WHEREAS: Under this system, in 1991-92 the City will need to budget $14.7
million to match federally funded projects despite the expectation that the
State will eventually provide a large part of that sum;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council of the City of Buffalo memorialize the New York State
Legislature to reinstate Marchiselli Funding Program as part of the local match
for federally funded highway projects; and
BE IT FURTHER RESOLVED THAT:
The City Clerk forward certified copies of this memorialization to the Clerk of
the Assembly, the Secretary of the Senate and to the members of the Western New
York State Legislature delegation
ADOPTED
No.222
BY: MR. FAHEY
MEMORIALIZE NEW YORK STATE
HURD PROPERTY TAX
REFUND AID
WHEREAS: The City of Buffalo, since 1978, has been faced with
the fiscal implications of court decisions requiring payment of claims related
to property taxes levied in excess of the state constitutional limit; and
WHEREAS: These taxes were levied pursuant to State law which was
subsequently ruled unconstitutional by the courts; and
WHEREAS: The City of Buffalo has always maintained that New York State
shares responsibility for and assists in resolving the problem it helped to
create; and
WHEREAS: Governor Mario Cuomo, recognizing that the State does bear some
responsibility in this matter, has introduced legislation, Senate Bill$2922 and
Assembly Bill A4422, to help in its solution; and
WHEREAS: This legislation, if approved, would make possible the issuance of
bonds by the Municipal Bond Bank Agency to allow the City of Buffalo and the
State of New York to share in the costs of providing $23 million in taxpayer
refunds; and
WHEREAS: The State's share would come from the savings associated with the
elimination of the current Rochester "Hurd" advance coupled with a 20 year
phase-out of the "Hurd" school district advance made under Chapter 280 of the
Laws of 1978, thus allowing the State to realize a net fiscal savings;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo memorialize the New York State
Legislature to approve Senate Bill 52922 and Assembly Bill A4422 to provide
assistance in resolving the "Hurd Problem;" and;
BE IT FURTHER RESOLVED:
That the City Clerk be directed to forward certified copies of this
memorialization to the Secretary of the Senate, the Clerk of the Assembly, and
to the Western New York delegation to the New York State Legislature.
ADOPTED
No.223
BY: MR. FAHEY
MEMORIALIZE STATE - BOARD OF EDUCATION DEFICIT REDUCTION
WHEREAS: Chapter 680 of the Laws of 1984 required the Board of
Education to eliminate its accumulated budget deficit by June 3O, 1989; and
WHEREAS: By fiscal 1988-89, the Board of Education had reduced its deficit
to $34,000. However, for fiscal 1988-89, the Board adopted a spending plan
which exceeded the budget appropriated to it by the Mayor and Common Council of
the City of Buffalo, resulting in a $6 million deficit; and
WHEREAS: In 1989-90, the Board incurred an additional deficit of $4.5
million; and
WHEREAS: This deficit total of $10.5 million may have an adverse effect on
the City's standing with credit rating agencies and the financial community in
general;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council memorializes the New York State Legislature to extend
the provisions of Chapter 680 of the Laws of 1984 by approving legislation
requiring the Buffalo Board of Education to include an appropriation in its
budget to retire its accumulated deficit over a fixed time period; and
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this memorialization to
theClerk of the Assembly, Secretary of the Senate and members of the Western
New York Delegation to the State Legislature.
ADOPTED
No.224
BY: MR. FAHEY
INCREASE STATE EDUCATIONAL AID
WHEREAS: The Buffalo Board of Education is a dependent school district;
and
WHEREAS: Buffalo's school system relies heavily upon state education aid in
order to maintain the operations of the Board of Education; and
WHEREAS: Because of the potential loss of $21.5 million in general purpose
aid to Buffalo, the City will be hard pressed to find sufficient general
revenue to support the operations of the general City departments and the Board
of Education; and
WHEREAS: This makes an increase in State education aid critically important
to maintain Board of Education operations and keep the City fiscally sound; and
WHEREAS: It is also important that this aid be kept as non-categorical as
possible so that the Board of Education will have the flexibility to provide
those programs which are the most needed by students and which enable the Board
to meet the mandates of the federal court's desegregation order;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council memorialize the State Legislature to increase the
Governor's recommended allocation of State Education Aid for the Buffalo Board
of Education and remove, wherever possible, the categorical restrictions on the
spending of such aid; and
That BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this memorialization to the
Clerk of the Assembly, the Secretary of the Senate, and members of the Western
New York Delegation.
ADOPTED.
No.225
BY: MR. FAHEY
RESTORE GENERAL PURPOSE AID CUTS INCLUDED IN GOVERNOR'S RECOMMENDED
BUDGET
WHEREAS: The City of Buffalo faces cuts of $17,748,279 in State
revenue sharing and $3,809,221 in Emergency Financial Aid to eligible
municipalities; and
WHEREAS: These cuts in State aid will cause a direct transfer of the State's
fiscal problems to local governments. The burden of no increases over the last
four years was difficult to bear. The major decreases recommended by the
Governor will have a devastating impact on City of Buffalo residents;
WHEREAS: Municipalities throughout the State have continued to provide
services without any increase in general purpose aid for the last four years.
During the course of the fourth year of no growth, these localities had to
absorb an unprecedented mid-year
10% reduction in State revenue sharing funds. The Governor's 1991-92 budget
recommends a further, drastic reduction in this aid;
NOW, THEREFORE BE IT RESOLVED:
The City of Buffalo memorializes the New York State Legislature to increase
general purpose State aid in the amount of $21,557,500 to Buffalo, restoring
the funding levels to those in place before the Governor's recommended budget
cuts; and
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this memorialization to the
Clerk of the Assembly, the Secretary of the Senate, and members of the Western
New York Delegation.
ADOPTED
No.226
BY:MR. FAHEY
CITY OF BUFFALO
LOCAL LAW NO. _____ (1991)
INTRODUCTORY NO.5(1991)
A LOCAL LAW amending sections two hundred ninety-five
point twelve and thirty-nine of the chorter of the city of Buffalo relating to
budget procedures.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section l. That that part of section two hundred ninety-five point
twelve of the charter of the city of Buffalo, adopted pursuant to law, be
amended to read as follows:
Sec. 295.12. Mayor's Budget.
On or before the fifteenth day of May, nineteen hundred [ninety,]
ninety-one, and on or before the first day of May in each succeeding year, the
mayor shall submit to the council a budget containing a complete plan of
proposed expenditures and estimated revenues for the next fiscal year. Therein
he shall set forth in detail and summary:
(a) Estimates of the expenditures necessary in his judgment for carrying on
the city government for the ensuing fiscal year, separately stating the
estimates of expenditures necessary for school purposes and for all other
purposes and stating in total the amount necessary to accomplish every separate
function of each department, division, city agency or other purpose.
(b) Estimates of the receipts of the city during the ensuing fiscal year
under laws existing at the time of the budget is transmitted and also under the
revenue proposals, if any, contained in the budget, and shall allocate
separately the estimates of receipts to be credited for school purposes and for
all other purposes.
(c) The expenditures and receipts of the city during the last completed
fiscal year.
(d) Estimates of the expenditures and receipts of the city during the current
fiscal year.
(e) The balanced statements of the condition of the treasury at the end of
the last completed fiscal year and the estimated condition of the treasury at
the end of the current fiscal year.
(f) All essential facts regarding the bonded and other indebtedness of the
city.
(g) Such other financial statements and data as in his judgment are necessary
or desirable in order to make known in all practicable detail the financial
condition of the city.
The budget shall also contain the recommendations of the mayor to the
council with respect to any new sources of revenues.
Section 2. That the third and fourth paragraphs of section thirty-nine
of the charter of the city of Buffalo, adopted pursuant to law, be amended, in
part, to read as follows:
Sec. 39. Action on Budget.
If no additions are made by the council, the budget, as passed by it,
shall be deemed to have been adopted without any action of the mayor; if,
however, the budget as passed by the council contains any such additions, it
must be presented by the city clerk to the mayor on or before the [first] fifth
day of June, nineteen hundred [ninety,] ninety-one, and on or before the
twenty-second day of May of each succeeding year for his consideration of such
additions. If the mayor approves all the additions, he shall affix his
signature to a statement thereof and return the budget and such statement to
the city clerk. The budget, including the additions as part thereof, shall
then be deemed to have been adopted. The mayor may object to any one or more
or such added items and in such case shall append to the budget a statement of
the added items to which he objects with the reasons for his objections and
shall return the budget with his objections to the city clerk who shall present
the same to the council at its next stated or special meeting. The council
shall thereupon enter the objections upon its journal and proceed to reconsider
the additions so objected to. If upon such reconsideration two-thirds of all
the members constituting the council vote to approve such additions, or any of
them, notwithstanding the objections of the mayor, the budget with the
additions so approved, together with any additions not so objected to by the
mayor, shall be deemed to have been adopted. If the budget with additions is
not returned by the mayor to the city clerk with his objections within ten days
after its presentation to him, it shall be deemed to have been adopted.
If a budget has not been adopted, as herein provided, on or before the
twenty-second day of June, nineteen hundred [ninety] ninety-one and the eighth
day of June of each succeeding year, then the budget, as submitted by the
mayor, including all additions to which he has failed to object, shall be the
budget for the ensuing fiscal year.
Section 3. This local law shall take effect immediately.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule
Law, that the immediate passage of this Local Law is necessary.
APPROVED AS TO FORM
NOTE:(Matter underlined is new; matter in brackets [ ] to be omitted)
PASSED
AYES-11 NOES-0
No.227
BY Messrs Fahey and Franczyk
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR
FILLMORE-SOUTH NEW HOUSING PROJECT
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, MJ Ogiony Builders, Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Rnffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of five (5) residential units of new
housing known as the Fillmore-South New Housing Project in the Community Wide
Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publish
the notice attached hereto and marked "Notice of Hearing" in the Buffalo News,
no later than the 19th day of April 1991.
2. That this Common Council will conduct a Public Hearing
on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the
Council Chambers on the 30th day of April 1991.
ADOPTED
No.228
BY Messrs Fahey and Pitts
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR
MONROE STREET NEW HOUSING PROJECT
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, AW Development, Inc. and/or other legal entity to be
formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of five (5) residential units of new
housing known as the Monroe Street New Housing Project in the Community Wide
Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publlsh
the notice attached hereto and marked "Notice of Hearing" in the Buffalo News,
no later than the 19th day of April 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clockp.m.in the Council Chambers
on the 30th day of April 1991.
ADOPTED
No.229
BY:MR. FRANCZYK
OPPOSE ENTRY FEE TO AND FROM CANADA AND THE UNITED STATES
WHEREAS: United States and Canadian customs officials have begun
discussions about charging motorists a $5.00 to $10.00 processing fee every
time they cross the border; and,
WHEREAS: The fee may be initiated at the demand of Canadian retailers who
are requesting-action by the Mulroney government to stop the flow of millions
of dollars by Canadian shoppers who spend their money in the United States,
much of it in Western New York; and,
WHEREAS: If the Canadian government charges both their own citizens as well
as Americans an entry fee, the Unites States government may initiate an onerous
fee of its own; and,
WHEREAS: The health of the Western New York economy has been greatly boosted
by the influx of Canadian shoppers and tourists, and any entry fee could
significantly choke off economic and cultural contact between 'Americans and
Canadians; and,
WHEREAS: Not only would the Buffalo area economy be negatively impacted, but
Buffalonians travelling through Fort Erie and other points in Canada would
seriously reconsider spending their time or tourist dollars in that country;
and,
WHEREAS: The U.S. /Candian border is the largest undefended borde in the
world, but an artificial barrier could be created by an entry fee which could
cut off personal, economic or cultrual contacts between the American and
Canadian people;
NOW THEREFORE BE IT RESOLVED:
That this Common Council recognizes that a $5 to $10 entry fee to and from
Canada and the United States would damage the economies of both countries,
choking off shoppers to the U.S. and American tourists to Canada;
BE IT FURTHER RESOLVED:
That this Common Council stands in opposition to the imposition of an entry fee
by US. and Canadian customs officials;
BE IT FINALLY RESOLVED:
That a copy of this resolution be forwarded to regional and national
American and Canadian Customs officials as well as to the local congressional
delegation and representatives of the Canadian government.
ADOPTED.
No.230
BY: MR. FRANCZYK
DECLARING APRIL 22-26, 1991 CAR FREE DAYS IN BUFFALO
WHEREAS: America's love af fair with the automobile has brought
a great deal of prosperity to Western New York and has increased our freedom to
travel to levels unimagined even a few generations ago; and
WHEREAS: Nevertheless, our society has begun to confront the environmental
down side of the one-person, one-car ethos in the form of the greenhouse
effect, oil spills, and smog; and
WHEREAS: In addition, dependence on foreign petroleum supplies and the
depletion of oil reserves worldwide both signal that only by using our cars
wisely today will we allow future generations to enjoy the benefits of
automobile travel; and
WHEREAS: In an effort to accent these points, this Common Council designated
April 23 to 27, 1990 "Car Free Earth Days" in conjunction with last year's 20th
anniversary celebration of Earth Day; and
WHEREAS: During that week citizens were encouraged to reflect on the issues
surrounding transportation and the environment and to leave their cars at home
for a day in favor of walking, biking, busing or car pooling; and
WHEREAS: The Earth 1990 Coalition has requested the Council to continue the
tradition started last year by designating the weekdays of April 22 through 26,
1991 "Car Free Days"
WHEREAS: It is the feeling of the sponsors that these Car Free Days will
create a positive and festive Spring atmosphere in Western New York because the
suggested alternative forms of transportation put people in greater touch with
each other and their environment than driving alone does;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby declares the days of April 22-26 to be "Car Free
Days" in Buffalo and encourages the citizens of this city to reflect on the
issues surrounding transportation and the environment during this week; and
BE IT FURTHER RESOLVED THAT:
This Common Council encourages citizens to leave their cars home for a day
during this week in favor of walking, biking, busing or car pooling in order to
increase their appreciation and understanding of alternative forms of
transportation.
ADOPTED
No.231
BY: Mr. Higgins and Mr. Franczyk
Property Inspections Reform Measures
WHEREAS: Attention is focused on the growing problem of deteriorating
housing conditions in the City of Buffalo and the need to bring these
properties into compliance; and,
WHEREAS: The Common Council adopted the Property Inspections Reform
resolution (C.C.P. #179 Dec. 26, 1990) calling for a series of meetings to
review the current inspections process, identify the problem, recommend reform
measures and implement change; and
WHEREAS: Three meetings were held where representatives from Buffalo
Neighborhood Housing Services and other non-profit City Housing agencies,
individual and group property investors, and citizens joined with Common
Council Members and the City Departments of Law, Inspections and Community
Revitalization, Administration and Finance and Buffalo City Court; and,
WHEREAS: These working sessions produced exchanges of information, shared
experiences and mutual frustrations which were all useful in developing reform
concepts to deal with "problem properties;" and,
WHEREAS: Building Inspectors are code enforcement officers and are thus
authorized to issue summonses for non-compliance; and,
WHEREAS: The establishment of an Administrative Hearing officer and a fine
schedule in addition to expanding the Certificate of Occupancy requirement to
include non-owner occupied income units are measures that should be considered.
NOW THEREFORE BE IT RESOLVED:
This Common Council seeks comment on establishing an Administrative Hearing
Officer and fine schedule in addition to expanding the Certificate of Occupancy
requirement to include all non-owner occupied income units; and,
AND BE IT FURTHER RESOLVED:
This resolution be referred to the City Departments of Law, Administration and
Finance, Inspections and Community Revitalization and the Buffalo City Court
for their review and comment and that all written comments be filed with this
Common Council no later than Thursday May 9.
ADOPTED.
No.232
BY:MRS. LoTEMPIO
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - Fees of the Code of the City of Buffalo be amended by
adding a new Category XXXI for Collection of Garbage and Refuse as follows:
Chapter 216, Garbage, Rubbish and Refuse
216-15, collection and disposal charges Removal of refuse materials in excess
of 1-1/2 cubic yards or in excess of 10 30-gallon containers.
CATEGORY NO. OF CONTAINERS MONTHLY
PER MONTH
CHARGE
XXXI 1,451 or more
$2.70 per
container
APPROVED AS TO FORM
NOTE: Matter underlined is new
REFERRED TO THE COMMITTEE ON FINANCE
No.233
BY:MR. PERLA
Authorize Retention
of Grant-In-Aid Funds
by the Salvation Army
WHEREAS: The Salvation Army has served the citizens of Buffalo
since 1884 by providing basic human necessities to those in need; and
WHEREAS: The Salvation Army received a Grant-In-Aid from the City of Buffalo
in fiscal year 1989-90 to support its Hispanic Center for youth and families
from which a balance of $5,653.90 remains; and
WHEREAS: Item 15of the Grant-In-Aid contract between the City of Buffalo and
the Salvation Army allows for granteesto retain unexpended grant-in-aid funds,
subject to approval of this Common Council, if returning the money would prove
to be a hardship to the organization; and
WHEREAS: The Salvation Army is seeking approval from the Common Council to
retain the $5,653.90 for maintenance of youth and family services;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council finds that it would be a hardship for the Salvation
Army to return the group's 1989-90 Grant-In-Aid surplus; and
BE IT FURTHER RESOLVED:
That this Honorable Body authorizes the Salvation Army to retain the 1989-90
Grant-In-Aid surplus for use in fiscal year 1990-91 pursuant to item 15 of the
1989-90 Grant-In-Aid contract.
PASSED
AYES-11 NOES-0
No.234
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-4 Division of Substance Abuse Services under the
subheading "011 - YDA-DACC Narcotic Control Program Program" which reads:
l Reimbursement Specialist $19,961 - 21,675
is hereby amended to read:
2 Reimbursement Specialist $19,961 - 21,675
WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the addition of one (1)
Reimbursement Specialist position 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.
That a personnel requisition incident to the creation of the
above-mentioned position containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed
position.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Corporatio Counsel
PASSED
AYES-11 NOES-0
No.235
BY: MR. PITTS
SUPPORT FOR THE CHINA DEMOCRACY RALLY IN DELAWARE PA.RK
WHEREAS: On June 4, 1989 at Tiananmen Square in China, the Chinese
Government merc i less ly crushed the hope and dreams of the Chinese students
and. workers seeking democracy and freedom, and
WHEREAS: Local residents and students from the Univer-si ty of Buffalo have
planned their annual rally to commemorate the Ti ananmen Square Massacre and to
celebrate the movement for democracy which is symbolized by the unprecedented
demonstrations which occurred in the Square, and
WHEREAS: The Common Council commemorates those who have died for their
ideals in China in June of 1989, and urge Chinese people in Buffalo, throughout
the world and in China to cultivate and work toward the day when they can
emerge triumphant.
NOW THEREFORE BE IT RESOLVED THAT: This Common Council hereby declare itself
in support of the use of Delaware Park (behind the Rose Garden) on June 1, 1991
from 12:00 p.m. -4:00 p.m. or on the alternate date of June 3, 1991 from 4:00
pm. - 9:00 pm.
BE IT FURTHER RESOLVED THAT: The Parks Department reserve the Bandshel l for
that date.
ADOPT.ED
No.236
BY:MR. PITTS
APPOINT MEMBER CITIZENS COMMITTEE ON REAPPORTIONMENT
WHEREAS: The City
Charter provides that a Citizens Advisory Committee
on Reapportionment be appointed to render advice and make recommendations on redistricting; and
WHEREAS: The Charter further provides that each of the nine district
Councilmembers make an appointment to the committee; NOW, THEREFORE BE IT
RESOLVED:
That pursuant to Article I, Section 7 of the Charter, thefollowing individual
be and hereby is appointed to serve on the Citizens Advisory Committee on
Reapportionment: Hope
Hoetzer-Cook
225 Highland Avenue
Buffalo, NY 14222
RECEIVED AND FILED.
No.237
BY:MR. RUTECKI
STATE FUNDING CUT BUS WEST
WHEREAS: The State University of New York at Buffalo has notified
Buffalo State College and the Buffalo Board of Education that University
funding for the College Learning Laboratory (Campus West Magnet School) has
been cut, and
WHEREAS: This cut of $1.25 million will result in the elimination of 22
classroom teachers, 10 other staff positions and possibly dozens of student
teachers, and
WHEREAS: It is this staffing pattern, a pattern that decreases the
teacher/student ratio, that has made Campus West one of the most desirable of
the City's magnet schools, and
WHEREAS: The State University of New York Board of Trustees had voted in
1976 to close Campus West, a closing avoided when Federal Court Judge John
Curtin approved the school as a Magnet School as part of his federal
desegregation order, and
WHEREAS: The cut of State funding for Campus West would be a hardship for
the 830 students who attend the school and might not only increase class size,
but also cause a cut in school enrollment, THEREF0RE BE IT
RESOLVED: That this Common Council does hereby go on record as opposed to the
State University of New York's decision to cut funding to Campus West by $ 1.25
million and urges the SUNY Board of Trustees to reconsider this decision, Be It
Further
RESOLVED: That New York Governor Mario Cuomo and the Western New York
delegation in the State Legislature be petitioned to intervene in this matter
and restore funding in the 1991-92 State budget, and Be It Further
RESOLVED: That the Board of Education report to this Common Council its plans
for dealing with this cut, including whether or not legal action will be taken
in federal court because the funding cut affects the School System's
Desegregation Plan and whether or not non-City residents, who make up a
substantial portion of the School population, will continue to be admitted now
that State funding has been eliminated.
ADOPTED.
No.238
BY:MR.RUTECKI
Authorize Termination of ECIDA Leases and PILOT Agreement
WHEREAS: This Common Council was notified in November, 1990 by
the Comptroller that eight Payment In Lieu of Tax Agreements (PffiOTS) were
significantly in arrears and that the City was owed $269,950.07, and
WHEREAS: These PILOTS are governed by agreements between these commercial
property owners and the Erie County Industrial Development Agency, and
WHEREAS: This Common Council has been advised that many of these older
PffiOT agreements include no provision for a penalty for late payments, no
collection provisions and are do not become a lien
WHEREAS: This Common Council has been further advised that only the ECIDA
apparently has the power and authority to terminate leases which apparently
govern these PILOT agreements, and
WHEREAS: A termination of the lease agreement between the ECIDA and these
commercial property owners would result in formal title to these properties
reverting back to the property owners, thus ending al[ tax abatements granted
as a result of nominal title being h eld by the ECIDA, and
WHEREAS: These leases could be terminated as a result of a violation of the
agreement to make Payments In Lieu of Taxes, and
WHEREAS: This Common Council has requested a formal update of delinquent
PILOTS but preliminary figures indicate that in addition to the eight
previously disclosed delinquent accounts, an additional five accounts have now
become delinquent for the 1990-91 fiscal year, Therefore Be It
RESOLVED: That this Common Council does hereby authorize and request the Erie
County Industrial Development Agency to terminate the leases with all companies
whose Payment In Lieu of Tax Agreements with the Eily of Buffalo are more than
six months in arrears, thus returning these properties to full taxable status,
and Be It Further
RESOLVED: That the ECIDA be requested to amend all remaining leases to
include a provision for a penalty and interest to be charged for all late
payments of these PILOT agreements.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
No.239
BY:MR. ARTHUR
COUNCILMEMBER PITTS EXCUSED
FROM MEETING
That Councilmember Pltts be and hereby Is excused from attendance
at the Cohn Council meeting of April 16, 1991, due to illness
ADOPTED.
No.240
By: Mr. Rutecki
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Stanley J. Stachowski
By Councilmember Fahey
In Memoriam for Victoria Chwalinski
By Councilmember Arthur
In Memoriam for Dominic G. Bellissimo
By Councilmember Perla
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No.241
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Wendv S. Eschborn
Alice De-in
Janet Gantz
Warren E. Jordans
Donald Louis Knobloch, Jr:
Edward A. Rath, III
Adele M.. Sober
Clarence E. Strong
Charles Il. Swanick
Shelly Swanick
William J. Whitehead
TOTAL:11
ADOPTED
No.242
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE
OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Linda M. Ganci
Donata G.Ahern
Howard M. Lewkowitz
Mary A. Magyar
Ester Szikszay
Majorie J. Williams
TOTAL: 5
ADOPTED
No.243
ANNOUNCENENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
Civil Service Tuesday, April 23, 1991 at 9:30 AN
Finance Tuesday, April 23, 1991 immediately following Civil Service
Legislation Tuesday, April 23, 1991 at 2:00 PM
Economic Development Wednesday, April 24, 1991 at 10:00 AM
ANCILLARY COMMITTEES
Police Reorganization Thursday, April 18, 1991 at 4:00 PM
No.244
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Franczyk the council adjourned
at 3:25 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Commiittee Reporter.