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HomeMy WebLinkAbout91-0528 1No.11 Common Council Proceedings of the City of Buffalo Regular Meeting, May 28, 1991 Special Session, May 31, 1991 Special Session, May 31, 1991 Special Session, May 31, 1991 Special Session, June 3, 1991 Special Session, June 11, 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, May 28, 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, LoTempio, Perla, Pitts, and Rutecki - 13. ABSENT - None. On a motion by Mr. Fahey, seconded by Mr.Pitts ,the minutes of the stated meeting held May 14, 1991, were approved FROM THE MAYOR No.1 Veto Message - Women for Human Rights and Dignity, Inc. Transfer Properties Buell Street and Humboldt Parkway Item No. 149, C.C.P., 5/14/91 I am compelled to veto the above item because it appears to direct the transfer of municipal property at an undetermined price. The Common Council should approve the price and that approval should be subject to mayoral review. Mr. Fahey moved to Override the Mayor's Veto of item No. 149, C.C.P., May 14, 1991- women for Human Rights and Dignity Inc.- Transfer Properties on Buell and Humboldt. REPASSED AYES-13 NOES-0. No.2 Appointment of member of Committee of Substance Abuse Services Pursuant to the powers vested in me by Section 285.27 of Article 14A of the Charter of the City of Buffalo, I hereby appoint Mark H. Skierczynski, residing at 474 South Ogden, Buffalo - 14206, as a member of the Committee of Substance Abuse Services effective May 13, 1991, for a term expiring March 3, 1993. Mark H. Skierczynski will succeed Richard C. Nagel whose term has expired. I hereby certify that Mark H. Skierczynski is fully qualified to serve as a member of the Committee of Substance Abuse Services. RECEIVED AND FILED FROM THE CITY PLANNING BOARD No.3 D'Youville College - Application to place an illuminated ground sign at 631 Niagara St.. Item No. 110, C.C.P., May 14, 1991 The City Planning Board at its regular meeting held Tuesday, May 21, 1991, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to place an illuminated ground sign measuring 8 feet 2 inches in overall height and 3 feet 6 inches wide. The total sign area will be approximately 28 square feet. The site is located in a C1 zone which permits freestanding signs up to 35 square feet in area and 18 feet in overall height. Under S.E.Q.R., the proposed sign may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed ground sign since it conforms to the sign regulations of the Buffalo Code. RECEIVED AND FILED No.4 L. Berrafato - Request to place a sidewalk cafe at 396 Pearl St.. Item No. 112, C.C.P., May 14, 1991 The City Planning Board at its regular meeting held Tuesday, May 21, 1991, considered the above request pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to place a 6 foot by 36 foot outdoor cafe entirely on the public right-of-way. The proposed cafe will have a total area of 216 square feet. The site is located in the DO zone which permits eating and drinking places. The proposed sidewalk cafe will occupy a portion of Chippewa Street which has a 66 foot right-of-way and a 38 foot pavement. This would leave a 14 foot sidewalk between the building wall and the curb. Since the proposed cafe will be 6 feet wide, 8 feet of unobstructed sidewalk will exist between the cafe and the curb. Under S.E.Q.R., the proposed cafe may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed cafe upon the following conditions: 1. that the cafe be opened no later than 11:00 p.m. daily, 2. that there be no music played in the cafe, and 3. that there be no trash receptacles placed in the cafe. RECEIVED AND FILED No.5 A. Macaluso - Application to place a sidewalk cafe at 1458 Hertel Ave. Item No. 113, C.C.P., May 14, 1991 The City Planning Board at its regular meeting held Tuesday, May 21, 1991, considered the above application pursuant to Sections 511-59 and 413-59 of the Buffalo Code - Hertel Avenue Special Zoning District and Review of Sidewalk Cafes. The applicant seeks to place an 8 1/2 foot by 26 1/2 foot sidewalk cafe, entirely on the right-of-way, in front of an existing restaurant. By so doing, he will be expanding the restaurant by 225 1/4 square feet. The expansion of an eating and drinking place as well as the sidewalk encroachment requires the approval of Your Honorable Body. The Hertel Avenue District is underlain by a C2 zone which allows such uses. The proposed sidewalk cafe is located on a portion of Hertel Avenue which has a 100 foot right-of-way with a 55 foot pavement. Twenty-two and a half feet of sidewalk exist between the subject property line and the curb. Consequently, the 8 1/2 foot wide cafe being proposed will leave 14 feet of unobstructed sidewalk. No public appurtenances exist in the vicinity of the proposed cafe. Under S.E.Q.R., the cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the application with the following conditions: 1. that it be opened no later than 11:00 p.m. daily, 2. that no music be played from the cafe, and 3. that no trash receptacles be placed on the cafe area. RECEIVED AND FILED No.6 E. Robinson - Request to place as sidewalk cafe at 1430 Hertel Ave.. Item No. 115, C.C.P., May 14, 1991 The City Planning Board at its regular meeting held Tuesday, May 21, 1991 considered the above application pursuant to sections 413-59 and 511-59 of the expansion of a restricted use in the Hertel Avenue Special Zoning District. The applicant seeks to place a 10 foot by 15 foot (150 square feet) sidewalk cafe entirely in the right-of-way in front of an existing restaurant and thereby expanding an existing restricted use. The site is underlain by a C2 zone which permits such uses but is also in the Hertel Special Zoning District which requires the approval of Your Honorable Body to expand an eating and drinking place. The cafe will be located in a portion of Hertel Avenue which has a 100 foot right-of-way and a 55 foot pavement. Twenty-Two and a half (22 1/2) feet of sidewalk exist between the restaurant's street wall and the curb. The proposed 10-foot wide cafe would therefore leave 12 1/2 feet of unobstructed sidewalk between the curb and the cafe. No public appurtenances exist in the vicinity of the cafe. Under S.E.Q.R., the cafe and restaurant expansion is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed cafe with the following conditions: 1. that it be opened no later than 11:00 p.m. daily 2. that no music is played in the cafe area and 3. that no trash receptacles be placed in the cafe area. RECEIVED AND FILED No.7 Tops Markets - Request to place seven freestanding accessory signs at 2131 Elmwood Ave.. Item No. 116, C.C.P., May 14, 1991 The City Planning Board at its regular meeting held Tuesday, May 21, 1991, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Freestanding Signs. The applicant seeks to place one illuminated pole sign measuring 30 feet in overall height and 8 feet by 10 feet in sign face area (80 square feet). The applicant also seeks to place six illuminated ground signs (two at each of three parking lot entrances) which would measure 3 feet by 3 feet in sign face area (9 square feet) and be 7 feet in overall height. The site is located in an HI zone which permits such signage. Under S.E.Q.R., the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the signs as requested. RECEIVED AND FILED FROM THE BOARD OF PARKING No.8 Change Order No. 1 Eagle Parking Structure Contract No 91591200 Frank L. Ciminelli Const. Co. Inc. I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with the Frank L. Ciminelli Construction Co. Inc.: "B&D" Line Obstruction $625.00 Shoring Claim $0.00 Wall @ Washington St. $0.00 Bulletin #2 Revisions $19,934.00 Dynamic Pile Testing - ` $ 2,724.00 TC106 Access Milestone $0.00 Bulletin # 3: TOC elev $219.00 Bulletin # 1 Revisions $2,917.35 NMP Temp Pwr Server $1,759.50 A & J Line Wall Thick. $1,163.00 RFI # 37: New PC B-6.8 $2,549.00 Modified Pile Cap E-ll $930.00 Fence Permit $2,530.00 Pile Obstruction Costs $0.00 Bulletin # 4 Revisions $3,103.00 3" Sewer Extension $1,331.93 SOG Milestone Extens'n $0.00 E Line Cable Guard End $68.00 Milestone Extension II $0.00 Parking Equip Pwr Cndwts $799.00 Rebar Detailing Cost $2,190.00 Excavation Obstruction $947.00 Future Service Credit- $52,300.00 Project Allowances $19,766.9l TOTAL (DEDUCT) - $33,735.12 Original Contract Amount $ 2,401,600.00 Amount Change Order No. l Deduct - $33,735.12 Revised Contract Amount $ 2,367,864.88 These changes could not be seen at the time the contract was bid. Costs have been reviewed by both the Architect and Construction Manager and found to be fair and equitable. I recommend to Your Honorable Body to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds for this work are in Bond Funds 415-410-00500000. Mr. Fahey moved: That the communication from the Director of the Board of Parking, dated May23, 1991, be received and filed; and That the Director of the Board of Parking be, and he hereby is, authorized to issue a change order to Frank L. Ciminelli Construction Co., Inc., in the amount of $33,735.12 (Deduct) for additional work under the contract for the construction of the Eagle Parking Ramp, with said cost to be charged against Fund #415-4l0-00500000. PASSED AYES-13 NOES-0. No.9 Change Order No. 1 Eagle Parking Structure Contract No 91599600 Wittburn Enterprises I herewith submit to your Honorable Body the following change in contract for the construction of the Eagle Parking ramp with Wittburn Enterprises: l. Niagara Mohawk Temporary Power Services -$ 1,530.00 2. Bulletin "A" Revision $ -0- 3. Type G Fixture Delete - $ 560.00 4. Fixtures Level l $ -0- 5. Electrical Revisions I $1,353.05 Total Amount of This Change Order - $ 736.95 Original Contract Amount $350,000.00 Amount Change Order No. l (Deduct)(-$ 736.95) Revised Contract Amount $357,263.05 These changes could not be seen at the time the contract was bid. Costs have been reviewed by both the Architect and Construction Manager and found to be fair and equitable. I recommend to Your Honorable Body to authorize the Director of Parking to issue a Change Order to the Contractor as set forth above. Funds for this work are in Bond Funds 415-410-00500000. Mr. Fahey moved: That the communication from the Director of the Board of Parking, dated May 23, 1991, be received and filed; and That the Director of the Board of Parking be, and he hereby is, authorized to issue a change order to Wittburn Enterprises, in the amount of $736.95 (Deduct) for additional work under the contract for the construction of the Eagle Parking Ramp, with said cost to be charged against Bond Fund #415-410-00$00000. PASSED AYES-13 NOES-0. No.10 Change Order No. 1 Eagle Parking Structure Trade Contract No. 91599200 Modern Mosaic Limited I herewith submit to Your Honorable Body the following change in contract for the construction of the Eagle Parking Ramp with Modern Mosaic Limited: l. Bulletin "A" Revisions Add$ 2,660.50 2. Bulletin "A" Revision II Add$ 2,425.00 3. Stubs @ Tower Roofs - 0 - 4. Precast Inserts Add$ 2,972.01 5. Extra Engineering Cost Add$ 4,367.49 6. Darker Precast Finish Add$ 3,000.00 Total of this Change Order Add$15,425.00 Original Contract Amount $ 577,000.00 Amount Change Order No. l ADD $ 15,425.00 Revised Contract Amount $ 592,425.00 These changes could not be seen at the time the contract was bid. Costs have been reviewed by both the Architect and Construction Manager and found to be fair and equitable. I recommend to Your Honorable Body to authorize the Director of Parking to issue a change order to the Contractor as set forth above. Funds for this work are available in Bond Fund 415-410-00500000. Mr. Fahey moved: That the communication from the Director of the Board of Parking, dated May 23, 1991, be received and filed; and That the Director of the Board of Parking be, and he hereby is, authorized to issue a change order to Modern Mosaic Limited, in the amount of $15,425.00 for additional work under the contract for the construction of the 'Eagle Parking Ramp, with said cost to be charged against Bond Fund #4l5-4l0-00500000. PASSED AYES-13 NOES-0. FROM THE BUFFALO ARTS COMMISSION No.11 Arts and Cultural Grant-in-Aid Funding Recommendations We submit herewith the Arts and Cultural Funding Advisory Committee's recommendations for Grant-in-Aids in fiscal year 1991-92. In accordance with the City Ordinance which established the Committee and review process for arts organizations, the Arts Commission transmits these recommendations "with or without comment" (City Code; Ch. 6, Article V, Sec. 6-30) to the Administration and Common Council. This year, upon thorough review of the Committees findings and following an informative and productive exchange at the Commission's last regular meeting with the Sub-Committee's Chairman, Mr. Joseph Makowski, the following comment accompanies their recommendations. First, the Commission appreciates the larger questions which must be addressed given fiscal constraints of this budget year and into the 1990's. Buffalo area Arts organizations heavily reliant on local public dollars will face difficult challenges because of a decrease in general state revenue sharing to municipalities. The City of Buffalo's financial support to a broad base of established institutions and emerging organizations has resulted in a significant contribution to the quality of life for the region and citizens of Buffalo. Since levels of support both in terms of the number of organizations and aggregate funding from local government sources are currently uncertain and lack long range predictability, these organizations must develop a diversified revenue base in a climate of economic scarcity, meaning increased earned income and contributions from the private sector. In cooperation with its Funding Advisory Sub-Committee and County of Erie, the Arts Commission will seek address those policy considerations which relate to continued reliance on government support in the years ahead. We look forward to providing your Honorable Body with recommendations for maximizing the public benefit of grant-in-aid recipients in the arts and cultural area. In transmitting this set of specific funding recommendations for F.Y. '9l-'92, the Commission adopted a resolution which approves and commends the report of the Funding Advisory Committee by strongly urging the Administration and Council to give full support for a total funding recommendation in the amount of $1,562,000 (including the $136,000 contractual obligation for the Buffalo Zoo). In the event of an across the board reduction, the percentage formulae provided for your Honorable Body's consideration is noted and emphasized. The Commission also resolved to express its appreciation and gratitude to the Chairman for his effective, strong leadership and to the Committee for bringing credibility to the funding process. The Commission also asks that the Administration and Council not undermine the integrity of the process and accomplishments achieved to date. REFERRED TO THE COMMITTEE OF THE WHOLE. No.12 Permission to Contract - Petofi Bust The present communication requests authorization to replace a stolen and missing bronze bust of Hungarian hero Alexander Petofi once located at Riverside Park. The statue was erected by local Hungarians in 1924 in commemoration of this famous revolutionary leader and national poet of Hungary. It was reported stolen in the summer of 1989 with no subsequent success in relocating it. Its absence from a 6 ft. high pedestal/plinth is conspicuous and a dishonor to the City and local Hungarian community. Over the past several months the Arts Commission engaged in a search for the cast from which the original bronze was made by the artist Geza Kende and has also investigated whether an existing bust of Petofi could be purchased outright either in the U.S.A. or Hungary. Extensive research of these options has yielded no promising result. In the course of consultation with Buffalo area Hungarians, the Ancient Hungarian Culture Society, and Hungarian Embassy in Washington we have identified an artist named Zolton Varga from Hungary who has sculpted a plaster cast bearing an excellent resemblance to the original. Based on recent correspondence and photographic documentation, a bronze casting could be made in the correct dimensions and at a very reasonable cost to the City of Buffalo. The Arts Commission is presently evaluating the legal and technical considerations to effectuate an agreement between the City and artist Zoltan Varga. Your Honorable Body's permission to enter into contract for the production and delivery of a bronze bust of Alexander Petofi utilizing the personal services of Hungarian artist Zoltan Varga is requested. The terms and conditions of the City's contractual agreement would be subject to review by the Arts Commission, Division of Buildings, and Corporation Counsel plus appropriate officials in the Country of Hungary and/or the Embassy in Washington. Prior correspondence has established a cost of 922,800 forints or approximately $15,350.00 with the provision that, if the finished bronze bust were to be found unacceptable by the City, any down payment would be returned to the City of Buffalo. Funds are available in City Div. of Buildings Bond Account #200-402-044. At its last regular meeting the Arts Commission unanimously voted in favor of presenting this recommendation for approval to the Administration and Common Council. I am available to answer any questions. Thank you. Mr. Fahey moved: That the communication from the Executive Director of the Buffalo Arts Commission, dated May 23, 1991, be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is, authorized to award a contract for production and delivery of a bronze bust of Alexander Petrofi to Zoltan Varga, in the amount of $15,350.00, with said cost to be charged against Bond Fund 200-402-044. PASSED. AYES-13 NOES-0. FROM THE COMPTROLLER No.13 Balance Sheets and Supporting Schedules for the 4 Month Period Ending October 31, 1990 I transmit herewith various balance sheets and statements for September and October, 1991 showing the condition of all funds and accounts for the four months ending October 31, 1990. RECEIVED AND FILED No.14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS 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 $585 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, MAY 21, 1991 RECEIVED AND FILED No.15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS 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 sw of $660 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, MAY 21, 1991 RECEIVED AND FILED No.16 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS 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 $1,200 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, MAY 21, 1991 RECEIVED AND FILED No.17 Certificate of Necessity Transfer of Funds Appropriation Allotments - Enterprise Fund - Stadium & Auditorium 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 $30,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Memorial Auditorium, 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, May 21, 1991 RECEIVED AND FILED No.18 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS FUND BALANCE RESERVE ENTERPRISE FUND - PARKING We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $121,082 in the estimates for the fiscal year beginning July l, 1990 is necessary in Appropriation Allotments -Enterprise Fund - Parking to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 440-890-030 - Maintenance Reserve for Downtown Ramps - BCAR not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, MAY 21, 1991 RECEIVED AND FILED No.19 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items - Water Department of Water 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 $12,500 be transferred and reappropriated from various accounts in Appropriation Allotments -Exempt Items - Water, 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, May 23, 1991 RECEIVED AND FILED No.20 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items - Water Department of Water 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 $27,540 be transferred and reappropriated from various accounts in Appropriation Allotments -Exempt Items - Water, 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, May 23, 1991 RECEIVED AND FILED No.21 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items - Water Enterprise Fund Capital Projects 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 $67,500 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items -Water, 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, May 23, 1991 RECEIVED AND FILED No.22 Certificate of Necessity Transfer of Funds Appropriation Allotments Exempt Items - Water Department of Water 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 $95,000 be transferred and reappropriated from various accounts in Appropriation Allotments -Exempt Items - Water, 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, May 23, 1991 RECEIVED AND FILED No.23 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS ENTERPRISE FUND-WATER DEPARTMENT OF WATER 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 $252,750 be transferred and reappropriated from various accounts in Appropriation Allotments- Enterprise Fund- Water 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, MAY 23, 1991 RECEIVED AND FILED. No.24 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - REGULAR DEPARTMENTS VARIOUS DEPARTMENTS 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 $2,050,700 be transferred and reappropriated from various accounts in Appropriation Allotments Regular Departments 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, MAY 23,1991 RECEIVED AND FILED No.25 CERTIFICATE OF DETERMINATION $46,000,000 REVENUE ANTICIPATION NOTES CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION, ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF A $46,000,000 REVENUE ANTICIPATION NOTES-l990/9l-B OF THE CITY OF BUFFALO, NEW YORK. The Notes are hereby sold at private sale to Lazard Freres & Co., New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated May 9, 1991, between said Managing Underwriter and the City. The Notes will be dated May 16, 1991 and will bear interest at the rate (6. 25%) per annum, payable on July 16, 1991. The Notes will be delivered and shall be paid for on or about May 16, 1991 in New York, New York. A Supplemental Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716)851-5255. RECEIVED AND FILED No.26 Use Agreement 290 Broadway, NW 106.40 'NE Ash 294 Broadway, NW 120.23' SW Spruce 296 Broadway, NW 101.40' SW Spruce 298 Broadway, NW 70' SW Spruce 306 Broadway, NW W Corner of Spruce The Office of the Comptroller, Division of Real Estate has received a request from Elder Walter Gayles of Pentecostal Church of God, 286 Broadway Street, Buffalo, New York, to use the above referenced properties. They intend to use these properties in order to conduct community services for the neighborhood. Their goals are to increase the membership of the Pentecostal Church of God. The consideration to be charged is $1.00 for the period of July 20th to August 2, 1991. The Pentecostal Church of God shall be solely responsible for the maintenance of the property grounds including keeping it free from debris, litter etc. They have submitted proof of insurance in the amount of $1,000,000 each for bodily injury and property damage. This Office recommends that your Honorable Body approve the use agreement for the period stated. Mr. Fahey moved: That the communication from The Office of the Comptroller, dated May 2, 1991, be received and filed; and That the Mayor be, and he hereby is, authorized to execute a Use Agreement for City-owned property located at 290, 294, 296, 298 and 306 Broadway, with the Pentecostal Church of God, 286 Broadway, for the period July 20, 1991 through August 2, 1991, under the terms and conditions as contained in the Comptroller's correspondence dated May 28, 1991. PASSED. AYES-13 NOES-0. No.27 Renewal of Lease Agreement Between the city of Buffalo and C.R.U.C.I.A.L. For Use of 1607 & 1609 Genesee Pursuant to Item #24, C.C.P. 4/24/90, Your Honorable Body approved a lease for use of the City-owned building located at 1609 Genesee Street, together with a City-owned vacant lot known as 1607 Genesee Street. The present lease expired on April 30, 1991. This office has received a letter from Mrs. Tyra D. Taylor, Executive Director of C.R.U.C.I.A.L., 1609 Genesee Street, Buffalo, New York requesting to renew said lease under the same terms and conditions as their previous lease agreement. This lease is to commence on May 1, 1991 and expire on April 30, 1992, with an option to renew. The annual rental to be charged is $1.00. The insurance is to be provided saving the City of Buffalo harmless from any liability as set forth per Item 1197, C.C.P. 3/31/87. This office approves and recommends acceptance of this lease renewal. Mr. Fahey moved: That the communication from the Comptroller dated May 20, 1991 be received and filed; and That the Mayor be and he hereby is authorized to execute a renewal of the lease for City-owned property located at 1607 and 1609 Genesee Street with C.R.U.C.I.A.L. for the period May l, 1991 through April 30, 1992, under the terms and conditions as contained in the Comptroller's correspondence dated May 20, 1991. PASSED. AYES-13 NOES-0. No.28 Back Taxes Lehigh Valley Railroad 110 Fuhrmann Boulevard A review of this parcel, based upon the Commissioner of Assessment's report, reveals that the property owner would like the County of Erie or City of Buffalo to foreclose on the property. This site is listed on the New York State Department of Environmental Conservation's Inactive Hazardous Waste Disposal Sites in Buffalo. It is suggested that the Corporation Counsel file the necessary paperwork to exclude this property from foreclosure proceedings by the County or the City. Further it is recommended that this matter be referred to the D.E.C. for investigation and possible legal action against the owner for whatever remedial clean-up activity is necessary. REFERRED TO THE COMMITTEE ON FINANCE No.29 Report of Audit Board of Stadium and Memorial Auditorium In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Board of Stadium and Memorial Auditorium audit report for the period July 1, 1988 to June 30, 1990. It is our opinion that the Division of Stadium and Memorial Auditorium increase their efforts to properly account for the various revenue account especially the accounts and records for cash receipts and invoicing of accounts receivables. We recommend cash receipts be deposited intact and on a timely basis and the Division's Register of Revenues be posted accordingly. We also recommend that the Division closely monitor the accounts receivable system to ensure timely billings and issue follow-up notices to all delinquent accounts. Any past due accounts older than six months should be forwarded to the Law Department. Also, it is our opinion that the absence of an Accountant in the Division of Stadium and Memorial Auditorium has diminished the reliability of adequate internal controls over cash receipts and the proper recording and the accurate reporting of revenues. We strongly recommend that the Administration and the Common Council review the need for this critically important position, especially in light of the unique qualifications mandated by the Civil Service title of Accountant and our findings. REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF STADIUM/MEMORIAL AUDITORIUM AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.30 Report of Audit Division of Treasury In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Treasury audit report for the period January 1, 1990 to June 30, 1990. Our two prior audit reports revealed that the Treasury Division had recorded several canceled checks in an "adjustment" Trust and Agency account. We note that these monies, totaling $488.90, were properly transferred to the City's General Fund during this audit period in accordance with our previous recommendations. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.31 Lease Renewal Request Between City of Buffalo and Buffalo Theater Collective 1672 Main Street Please be advised that the Comptroller's Office, Division of Real Estate, has received a lease renewal request from Neal Radice, Executive Director of the Alleyway Theater, by and through Councilmember Amos' office. Formerly, Buffalo Theater Collective and the City of Buffalo were parties to a three year lease which expired in 1986. The lease was handled by David Moore from the Buffalo Arts Commission in Community Development. Since 1986 there has been no executed lease and apparently no request for a renewal thereof. At this time, however, there is a request by Mr. Radice for a five year lease to commence a May 1, 1991 and to expire April 30, 1996. Mr. Radice indicates in his letter that the New York State Council on the Arts has given them a deadline of May 23, 1991 to be entered into a fully executed lease, in order to become qualified for funds for facility improvements. The lease-hold consideration would be One Dollar ($1.00) per year and the lessee would be responsible in purchasing the necessary insurance protection holding the City of Buffalo harmless. We would recommend the One Million Dollar ($1,000,000) all inclusive liability policy limit with a One Hundred Thousand Dollar ($100,000) property damage limit. This office, therefore, recommends that the above described lease be authorized by Your Honorable Body in an expeditious fashion in order to satisfy the deadline in which the proposed lessee is under by the requirements of the New York State Council on the Arts. Mr. Fahey moved: That the communication from The Office of the Comptroller, dated May 16, 1991, be received and filed; and That the Mayor be, and he hereby is, authorized to execute a renewal of the lease for City owned property located at 672 Main Street, with Alleyway Theater, Inc. for the period May l, 1991 through April 30, 1996, under the terms and conditions as contained in the Comptroller's correspondence dated May 16, 1991. PASSED. AYES-13 NOES-0. No.32 Results of Negotiations 223 Elk Street Vacant lot: 112' x 132' 61' E of Smith Assessed Valuation: $6,500 225 Elk Street Vacant lot: 228' x 2.5 Acres 173' E of Smith Assessed Valuation: $24,600 Item # 17, C.C.P. January 22, 1991 In the above referenced Item Your Honorable Body authorized the office of the Comptroller, Division of Real Estate to negotiate a private sale with Mr. Frederick Labenski of World Auto Parts, Inc., 42 Selkirk Street, Buffalo, New York 14240. They intend to improve this adjoining property with a parking lot for trucks and use in connection with World Auto Inc. An independent appraisal of the property was conducted by Raymond Cunningham, of Cash Realty and Appraisal Service, 22 Lafayette Blvd, Williamsville, New York 14221. He has estimated that the fair market value of the subject property to be Twenty-Two Thousand Dollars ($22,000). The Division of Real Estate has investigated the sale of similar properties in the area and concurs with the appraised estimated value. The results of our negotiations are that Mr. Labenski has agreed and is prepared to pay Twenty-Two Thousand Dollars ($22,000) for the subject property. He has also agreed to pay for the costs of the appraisal, transfer tax and costs of the legal description. I am recommending that Your Honorable Body approve the sale of 223-225 Elk Street to Mr. Frederick Labenski residing at 28 Ranch Trail Drive, Williamsville, New York 14221 in the amount of Twenty-Two Thousand Dollars ($22,000). REFERRED TO THE COMMITTEE ON FINANCE. No.33 Results of Negotiations 190 Mackinaw, N 280.04 W of Alabama Lot Size: 33.29' x 138' Assessed Valuation: $200 Item #22, C.C.P. 4/16/91 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller to negotiate a private sale with Mr. John Heidinger of 186 Mackinaw to purchase the above referenced property. Mr. Heidinger intends to purchase this lot, which is adjacent to his home, and use for additional yard space. An independent appraisal of the property was conducted by Chester S. Zukowski, IFAS, 3790 Broadway, Cheektowaga, New York. He has estimated the fair market value of the subject property to be .075 cents per sq. ft., which amounts to Three Hundred and Fifty Dollars ($350) for the subject property. The Division of Real Estate has investigated the sale of similar property in the area and has found that recent sales have sold for between .06 cents a sq. ft. to .20 cents sq. ft. The most recent of which 145 Vincennes a 25' x 102' vacant lot sold for Four Hundred Dollars ($400) in October of 1990, indicated sq. ft. value was .16 cents per sq. ft. The results of our negotiations are that Mr. John J. Heidinger and Martha, his wife, have agreed and are prepared to pay Five Hundred and Seventy-Five Dollars ($575) for the purchase of the subject property. They will also pay for the cost of the appraisal, transfer tax and cost of legal description. I am, therefore, recommending that Your Honorable Body approve the sale of 190 Mackinaw Street, Buffalo, New York to John J. and Martha Heidinger of 186 Mackinaw Street, Buffalo, New York in the amount of Five Hundred and Seventy-Five Dollars ($575). REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS No.34 Bond Cancellation 742 William Street It is hereby certified that the bond described below be cancelled: Principal: Joseph and Josephine Pawelczyk Surety: The Travelers Indemnity Company Amount: $5,000.00 Dated: July l, 1969 (#1589335) Structure: Fire Escape Location: 742 William 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 Bond Cancellation 1655-59 Main Street It is hereby certified that the bond described below be cancelled: Principal: Bed Maier D/B/A Freddies Doughnut Co. Surety: American Manufacturers Mutual Insurance Company Amount: $5,000.00 Dated: April 13, 1984 (#3SE 372 2OO-00) Structure: Sidewalk Vault Location: 1655-59 Main Street This bond is no longer required due to the fact that a replacement bond in the same dollar amount has been submitted to the Department of Public works. 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 FlLED. No.36 Bond Cancellation 166 Cleveland Ave. It is hereby certified that the bond described below be cancelled: Principal: Mrs. Walter F. Stafford Jr. Surety: Fidelity and Deposit Company of Maryland Amount: $5,000.00 Dated: October 26, 1971 Structure: Chain Link Fence Location: Adjacent to east property line of 166 Cleveland Avenue projecting six inches into city right of way. 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.37 426 Franklin Street Item No. 102 CCP4/2/9l Item No. 175 CCP 4/16/91 In regard to the above item, please be advised that the procedure set by your Honorable Body pursuant to Section 223 of former Chapter XII of the Ordinances of the City of Buffalo was for the Chairman of the Committee on Legislation to conduct a meeting with the petitioners and representatives from the Department of Public Works, Fire and former Inspections and Licenses. The petitioner would present his proposal and address that strict compliance with the provisions of the building code would entail practical difficulties and/or create an undue economic burden and offer alternatives which would insure safety to the occupants. Upon full agreement to the alternatives a joint communication from the three departments would be filed with the Common Council outlining conditions for approval. Since this procedure has been most successful l suggest it be followed. This department will be available at any time to meet in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION No.38 Inspection of Buffalo Naval Park Item No. 202, C.C.P. 04/30/91 Please be advised that the Buffalo Naval Park is not under the jurisdiction of the Department of Public Works. I have referred this matter to the Urban Renewal Agency for their response. RECEIVED AND FILED. No.39 Emergency Repair of Handicap Entrance Door Please be advised that the Division of Buildings called in Imperial Door Controls, Inc., 3894 Delaware Avenue, Kenmore, New York 14217, to immediately repair the City Hall Handicap Entrance Door. These requests were ode on 12/26/90, 12/27/90 and 2/13/91, and an emergency was declared because the door would not close allowing excessive amounts of cold air to enter the building. These repairs cost $874.00. This amount is fair and equitable and funds are available in the Division of Buildings. RECEIVED AND FILED. No.40 Permission to Hire a Consultant Plans and Specifications Kleinhans Music Hall Reconstruction I respectfully request permission to engage a consultant to prepare plans and specifications, advertise and receive sealed proposals for the Reconstruction of Kleinhans Music Hall. Funds for this project are in CPF 200-402-087. Mr. Fahey moved: That the communication from the Commissioner of Public works, dated May 17 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to engage a consultant engineer to prepare reports, plans and specifications and to advertise for bids for the reconstruction of Kleinhans Music Hall, with said cost to be charged to the CPF-200-402-087. PASSED. AYES-13 NOES-0. No.41 PERMISSION TO ENGAGE CONSULTING ENGINEER RECONSTRUCT CLEARWELL BASIN I hereby request your Honorable Body's authorization to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bids to Reconstruct the Clearwell Basin. During the work in the section of the Clearwell under the baseball diamonds, it was determined that a sludge build-up had occurred over the years ranging from less than one inch to four inches in depth. Additionally, divers reported the discovery of a one zebra mussel in this section of the Clearwell. This will require this section of the Clearwell to be isolated from the rest of the Clearwell and heavily chlorinated to kill any zebra mussels in the Clearwell and to prevent them from entering the distribution system. It will also remove the sludge build-up in this portion of the basin as once the new filtered water conduits are put into place, the existing filtered water conduit will allow the sludge to be sucked up into the distribution system. This work must be accomplished prior to the filtered water conduit being put into service sometime in September, 1991. Part of the engineering fees will be transferred from this year's Reserve for Capital Improvements. The balance will be transferred from net year's Reserve for Capital Improvements at which time an additional request for & transfer of funds will be made. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated May 21, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to engage a consultant engineer to prepare reports, plans and specifications and to advertise for bids to reconstruct Clearwell Basin, with said cost to be charged to the Reserve for Capital Improvements PASSED. AYES-13 NOES-0. No.42 Report of Bids - Gr. 324 Reconstruction of Jefferson Avenue from Northampton to High Item No. 33 C.C.P. 7/31/90 As authorized and directed by your Honorable Body in item #33, C.C.P. of 7/31790, I have advertised and received bids on May 22, 1991 for the reconstruction of Jefferson Avenue -Northampton to High, Group 324. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro & Brothers Conc. Co. Inc. $1,155,344.00 Dipizio Construction Co., Inc. 1,175,868.80 Hartford Paving Corp. 1,182,049.00 M. Falgiano 1,190,500.00 Holmes & Murphy 1,284,917.50 Anastasi Trucking Inc 1,298,037.00 Nichter Utility Const. Co. , Inc. 1,352,953.99 Oakgrove 1,404,418.50 I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Conc. Co., Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the following Capital Project Bond Account 200-401-526 & 200-401-092 and 200-401-021 in an amount not to exceed $1,155,344.00, plus approved unit prices not to exceed an additional amount of $100,000.00. The engineer's estimate for this work is $1,444,772.75. The attached is certified to be a true and correct statement of the bids received. Under provisions of the General Municipal Law any of the bidders may withdraw his bid if an award of the contract is not made by July 8, 1991. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES No.43 CHANGE IN CONTRACT NO. 91604200 REHABILITATION OF GROVER CLEVELAND WATER TOWER CHANGE ORDER NO. l I hereby submit to your Honorable Body the following change order on the contract with Patterson-Stevens, Inc. for the Rehabilitation of the Grover Cleveland Water Tower, City Contract No. 91604200. Work Item No. 2: Calls for repairing approximately 600 I.f. of masonary cracks on the exterior masonary. 300 I.f. was repaired. Decrease:$ 3,900.00 Work Item No. 3: Calls for repairing approximately 1,200 sq. ft. of loose and disintegrated concrete exterior. After the contractor constructed the scaffolding on the exterior of the masonary walls, it was determined that 1,692 sq. ft. of loose concrete had to be removed and new concrete gunnited in the repair area. Increase of' 492 sq. ft. was required. Increase: $20,664.00 Work Item No. 4: Required the contractor to remove approximately 20 sq. ft. of loose concrete in the soffit overhang of the tower and to install all new steel rebarring and replace in-like concrete @ $250/I.f. No rebarring was required. Decrease: $ 5,000.00 Work Item No. 12: Calls for replacing approximately 250 I.f. of interior checkered plate supports. Approximately 130 I.f. will be required to complete this work. Decrease: $ 3,741.60 Work Item No. 16: Required the contractor to paint approximately 13,050 sq. ft. of the interior wall of the water tank. Specifications required that this would include all work, labor, material and equipment. After the paint was cleaned it was determined that no painting was required of the in-wall as it was found to be in very good condition. Decrease: $ 6,885.00 Item No. 18: Required the contractor to furnish and install approximately 500 sq. ft. of new checkered steel plating. After a thorough inspection and removal of the paint, it was determined that no new steel plates were required. Decrease: $ 9,785.00 New Work Item No. 20: After removing the concrete from the soffit overhang area around the tower it was determined that no rebarring was necessary. The amount of concrete to be replaced amounted to 86 I.f. Increase for labor and material at $221/I.f. Increase: $19,006.00 New Work Item No. 21: Under Item 16, the contractor was required to sandblast and paint the inside of the tank. Inasmuch as this work was not required, the contractor was instructed to wash and clean the inside of the tank and remove all sediment. Increased labor and material. Increase: $ 2,260.75 New Work Item No. 22: After sandblasting the steel supports -for the inside steel staircase it was determined that approximately 20 I.f. of steel stringers needed to be replaced which required the contractor to weld frame bases from stringer to stringer. Labor and material increase. Increase: $ 5,055.00 The above changes could not be foreseen at the time the contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract$ 164,508.00 Net Amount of Change Order No. 1 - Increase$ 17,674.15 Current Amount of Contract$ 182,182.15 Funds for this additional work are available in the Division of Water's Operating and Maintenance Budget, 014-00-560 account. I recommend the above change order and it is respectfully requested that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the Contract as set forth above. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated May 23, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Patterson-Stevens, Inc., in the amount of $17,674.15 for additional work under the contract for the rehabilitation of Grover Cleveland Water Tower, with said cost to be charged against Division of Water Operating and Maintenance Budget, 014-00-S6O Account. PASSED. AYES-13 NOES-0. No.44 Change in Contract Genesee Moselle Street Clinic 1532 Genesee Street Buffalo, NY I herewith submit to Your Honorable Body the following change in contract for the Genesee-Moselle Street Clinic, 1532 Genesee Street, Buffalo, New York, Ackerman & Huebsch, Inc. C-91562000: l. Furnish & install new cold water lines to existing 1st floor toilet room and new hot water tank for building. ADD$1,566.91 The existing cold water line to the existing 1st floor toilet room was split in several places and required total replacement. The existing hot water tank was split. The foregoing change results in a net increase in the contract of One Thousand Five Hundred Sixty-six and 91/lOO Dollars ($1,566.91). Summary Original Amount of Contract $10,490.00 Change Order No. 1 CCP 35 12-11-90 ADD 1,668.15 Amount of this Change (No. 2) ADD 1,566.91 Revised Amount of Contract $13,725.06 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-O32 - 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 May 2l, 1991, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to> Ackerman & Huebsch, Inc., in the amount of $1,566.91 for additional work under the contract for the Genesee Moselle Street Clinic, with said cost to be charged against Bond Fund #200-402-032 Division of Buildings. PASSED. AYES-13 NOES-0. No.45 Market on Main, 2495 Main Street, Outdoor Market Mr. William J. Metzler, Vice President of Market on Main, 2495 Main Street has requested permission to occupy City right-of-way with an outdoor market which would be located in the sidewalk area of Main and Rodney Streets and a portion of the pavement area on Halbert Street at said address. The proposed outdoor market would consist of carts and/or tables displaying various items for sale to the general public. The outdoor market would be held every Saturday and Sunday between 7:00AM and 6:00PM through the end of November, weather permitting. The Department of Public Works has no objection to granting permission for said outdoor market provided the following conditions are met: l. That Market on Main supplies the Department of Public Works with a Certificate of Insurance which indemnifies and holds harmless the City of Buffalo against any and all loss or damage caused by the use of City right-of-way for an outdoor market. 2. That Market on Main obtains a street closing permit from Traffic Engineering, Room 512 City Hall, for the pavement area of Halbert Street to be used for the outdoor market. 3. That any and all permits and/or licenses required by The Division of Buildings-Licenses, Room 113 City Hall, be obtained by Market on Main and any vendors participating in said outdoor market. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated May 23, 1991, be received and filed; and That William J. Metzler, Vice President of Market on Main, 2495 Main Street, be and the same hereby is granted permission to occupy City right-of-way with an outdoor market which would be located in the sidewalk area of Main and Rodney Streets and a portion of the pavement area on Halbert Street upon the following conditions: l. That Market on Main supplies the Department of Public Works with a Certificate of Insurance which indemnifies and holds harmless the City of Buffalo against any and all loss or damage caused by the use of City right-of-way for an outdoor market. 2. That Market on Main obtains a street closing permit from Traffic Engineering, Room 512 City Hall, for the pavement area of Halbert Street to be used for the outdoor market. 3. That any and all permits and/or licenses required by The Division of Buildings-Licenses, Room 113 City Hall, be obtained by Market on Main and any vendors participating in said outdoor market. PASSED. AYES-13 NOES-0. No.46 212 Hertel Avenue - Wholesale Junkyard [New Licensee and expansion of Junkyard A request for a Wholesale Junkyard License has been submitted to my off ice by Peter Adornetto of Buffalo Auto Wrecking, Inc. for an existing junkyard at 212 Hertel Avenue and also to expand the current junkyard at said location. The applicant has requested to expand the current junkyard to extend the boundaries of the frontage of Hertel Avenue which is currently under the legal use for a Metro bus loop with the Zoning Board of Appeals for expansion of a non-conforming use. Any expansion outside the current fenced in boundaries of 212 Hertel would also require Zoning Board of Appeals approval, which would include the back portion of the lot facing Grace Street. Since there is a moratorium on licensing new junkyards , we are hereby submitting this information to your Honorable Body for your consideration and whatever action you deem appropriate under Chapter 254-9 of the City of Buffalo Ordinances, "Common Council approval needed". REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No.47 Restaurant/Dancing Class III 26l0 1/2 Main Street Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing located at 26l0 1/2 Main Street and find as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III License is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspector, I find that it complies with all regulations, and other applicable laws. I have caused an investigation by the Police Department into the moral character of Vashti C. Marshall. The Police Department's approval is attached hereto. In consideration of the application of: Sylvahn's Vashti C. Marshall 26lO 1/2 Main Street Buffalo, New York 14214 This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGlSLATlON. No.48 Illegal Public Coin Phone 1229 Hertel J. Rizzo Please be advised that pursuant to a complaint from a Mr. Joseph Rizzo, tenant of 1229 Hertel and proprietor of a shoe repair shop , the Department of Public Works has initiated legal action against the vendor who installed this apparently illegally installed coin operated telephone. The vendor in question is tentatively scheduled for arraignment in City Court on 6/12/91. REFERRED TO THE COMMlTTEE ON LEGISLATION. FROM THE COMMISSIONER OF PARKS No.49 Neigh.-Keep Forest on Forest-Design. Pk. Appro." Item # 99, C.C.P. April 30, 1991 In addressing the concerns of the group against parking on Elmwood Avenue and Grant Street, I offer these comments. I believe that the Commissioner of Public Works' communication to Your Honorable Body is appropriate. It does not involve parkland and the plan does not include the removal of any trees. To dedicate any property between the curb and sidewalk as a park approach is something with which I don't agree. However, that is within the jurisdiction of Your Honorable Body. Such an action, I'm sure, would spur other groups and organizations to request the same of you should any project fall into the same category. Another meeting to show the plans as amended to everybody involved should allay any fears that the neighborhood is experiencing. RECEIVED AND FILED FROM THE COMMISSIONER OF POLICE No.50 Police Investigation of East Side Rapist Resolution # 200, C.C.P. May 14, 1991 In reference to your request of May 14, 1991, I offer the following: Item l) Total # of rapes reported 356 Item 2) Total # of other sexual attacks 300 Item 3) # of arrests 247 The information regarding the number of convictions for this time period is not available at this time. REFERRED TO THE COMMlTTEE ON LEGISLATION. No.51 C. Johnson-Complaints against Police Department Item #98 C.C.P. May 14, 1991 In reference to your request of May 15, 1991, I offer the following: Mr. Carl Johnson of 312 East Delavan Avenue, is not an unknown entity to the Internal Affairs Division of the Buffalo Police Department. Mr. Johnson has placed complaints against the Buffalo Police Department 3 times. On one occasion the matter Was unfounded, and on another, he failed to cooperate with the IAD by failing to appear for a sworn statement. The third and last event, he was referred to the local precinct who satisfied his complaint. Mr. Johnson's complaint of harassment and improper conduct may be prejudiced by his 20 arrests dating back to 1970. Mr. Johnson has appeared at my office and the Internal Affairs Division multiple times, on many occasions intoxicated. A check of the attached P69, shows that he was intoxicated on 5-4-91 during his latest arrest. Mr. Johnson may best be served by seeking alcohol counseling, as it would appear that this may be his most pressing problem. Mr. Johnson came to the Internal Affairs Division following his arrest on 5-4-91 in an intoxicated state, produced a knife to show the investigating officer, and waved it around about 12" from his face. He was told to put it away, and told to leave the office and return when he was sober. He returned again, and acted in the same manner, intoxicated and belligerent. He was ejected from the office and almost was placed under arrest. I recommend no action in this matter. REFERRED TO THE COMMITTEE ON LEGISLATlON. FROM THE COMMISSIONER OF FIRE No.52 Emergency Repairs Ladder Tower #1 l wish to inform your honorable body of the damage and required emergency repairs to the apparatus at a 5th alarm fire at 622 Northumberland Avenue May 6, 1991. Due to the emergency of this situation it is necessary in order to keep the warranty in effect to take the apparatus back to the factory for repairs. We have no estimate of the cost at this time because the extent of the ladder damage will have to be determined at the factory. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No.53 Property Damage Claim against Catherine Reesor On May 11, 1986, Catherine Reesor was driving on Best Street when she struck a police vehicle at the intersection of Jefferson Avenue. A lawsuit was commenced against the City alleging negligence on the part of the police officer who was driving. Ms. Reseor seeks $6,000 for property damage and personal injuries. The City filed a counterclaim seeking $6,957.76 for damage to its vehicle.. The City alleges that its lights and siren were on and that the Plaintiff was negligent. A settlement has been agreed upon as follows. The insurance company for Ms. Reesor has offered the remaining balance of its coverage for property damage. This amounts to $4,714.52. Since it is unlikely that the balance could be recovered personally against Ms. Reesor, the Law Department recommends the acceptance of this offer from GEICO insurance in full settlement of the counterclaim. In terms of Ms. Reesor's claim, her attorney has indicated a willingness to accept $250 in full settlement of her claim. This is being processed by the Department of General Services. Mr. Fahey moved: That the communication from the Corporation Counsel, dated May 15, 1991, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to settle in full the claim of Catherine Reesor against the City for the amount of $250.00 and to accept the offer of GEICO insurance in full settlement of the City's counterclaim against Ms. Reesor in the amount of $4,714.52. PASSED. AYES-13 NOES-0. No.54 Settlement - Police vehicle struck by Richard Ostrowski On September 4, 1987, a police vehicle was involved in a car accident on Louisiana Street. The vehicle was proceeding north at a high rate of speed while responding to an emergency. Roof lights were on but the siren was not. During the police response, a vehicle owned by Richard R. Ostrowski began to pull out from a parking space on Louisiana Street. The police vehicle swerved to avoid the Ostrowski vehicle and ran into a vehicle owned by Carmen Calabrese, which was parked on the opposite side of Louisiana Street. At no time did the Ostrowski vehicle come into direct contact with the police vehicle. A lawsuit was commenced against Richard R. Ostrowski. Empire Insurance Group submitted an answer on behalf of Mr. Ostrowski. Their insurance policy has limits of $5,000 for property damage and $20,000 for personal injury. The City claims damages of $6,027.58 for property damage to the police vehicle and $3,821.51 for wages and medical bills in excess of no-fault benefits paid pursuant to Section 207 of the General Municipal Law. The insurance company has offered to pay their entire limits for property damage (i.e. $5,000) and fifty percent of the claim for medical bills and wages (i.e. $1,900) in full settlement of the City's claim. The Law Department recommends the settlement of this matter for too reasons. First, there is a significant question of comparative negligence on the part of the City relating to the speed of the police vehicle. Second, there was, in fact, no contact between the two vehicles. In addition, it does not appear that Mr. Ostrowski has assets to pursue for the balance of the property damage claim. For these reasons, the Law Department requests that your Honorable Body approve the settlement of this matter for the sum of $6,900 payable to the City of Buffalo. Mr. Fahey moved: That the communication from the Corporation Counsel dated May 15, 1991, be, received and filed; and That the Corporation Counsel be, and he hereby is, authorized to accept from Empire Insurance Group the amount of $6,900.00 payable to the City of Buffalo as full settlement of the City's claim against Richard R. Ostrowski. PASSED. AYES-13 NOES-0. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No.55 D'Youville College - Application I to place an illuminated ground sign at 631 Niagara St.. Item No. 110, C.C.P., May 14, 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 May 21, 1991 be received and filed; and That Item No. 110, C.C.P., May 14, 1991, D'Youville College - Application to place an illuminated ground sign at 631 Niagara St. 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.56 L. Berrafato - Request to place a sidewalk cafe at 396 Pearl St.. Item No. 112, C.C.P., May 14, 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 May 21, 1991 be received and filed; and That Item No. 112 , C.CP, May 14, 1991, L. Berrafato - Request to place a sidewalk cafe at 396 Pearl 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.57 E. Robinson - Request to place a sidewalk cafe at 1430 Hertel Ave.. Item No. 113, C.C.P., May 14, 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 May 21, 1991 be received and filed; and That Item No. 113, C.C.P., May 14, 1991, E. Robinson - Request to place a sidewalk cafe at 1430 Hertel Avenue 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.58 Report of Bids Collins Playground Improvements Item # 61, C.C.P. 7/31/90 I have asked for and received the following proposals for the Collins Playground Improvements on May 21, 1991. Contractor Bid Gleason's Nursery $ 98,836.97 G.B.H. P aving 103,335.00 American Paving 106,030.00 L.C.P. 107, 845. 00 Odessa 109,555.00 Seneca Hawk 116,500.00 Johnstone 121,540.00 B.D.R. 124,444.00 Cemulini - Pecoraro 131,842.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York, 14221, in the amount of $98,836.97 is the lowest responsible bidder in accordance with the plans and specifications. 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 a Bond Fund for Collins Playground. Mr. Fahey moved: That the communication from the Commissioner of Community Development; dated May 20, 1991, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for the Collins Playground improvements to Gleason's Nursery, the lowest responsible bidder in the amount of $98,836.97, with said cost to be charged against the Bond Fund for Collins Playground. PASSED. AYES-13 NOES-0. No.59 Report of Bids Durant Field Playground Item #69 C.C.P. 3/5/91 I have asked for and received the following proposals for the Durant Field Playground on May 21, 1991. Contractor Bid L.C.P., Inc. $ 23,368.00 Gleason's Nursery 23,656.50 Feddington-Allen 26,050.00 Johnstone 29,860.00 American Paving 31,679.00 G.B.H. Paving 32,308.00 I hereby certify that the foregoing is a true and correct statement of all bids received, and that L. C. P. Construction Company, 589 Northland Avenue, Buffalo, New York, 14211, in the amount of $23,368 is the lowest responsible bidder in accordance with the plans and specifications. 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 a Bond Fund for South District Parks. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated May 21, 1991, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for the Durant Field Playground to L.C.P. Construction Company, the lowest responsible bidder in the amount of $23,368.00, with said cost to be charged against the Bond Fund for South District Parks. PASSED. AYES-13 NOES-0. No.60 Watermain Replacement Beck Street/K-Mart Project I hereby submit to Your Honorable Body the bid results which were opened and publicly read regarding 600' of new waterline on Beck Street. Results of bids are as follows: Contractor Amount Kandey Company $ 42,419.00 MPJ Construction 51,865.00 Anastasi 61,734.00 Klarbery, Inc. 76,811.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Kandey Company, 19 Ransier Drive, West Seneca, New York, 14224, in the amount of $42,419 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund 200-171-062. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated May 23, 1991, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Watermain replacement on Beck Street to the Handey Company, the lowest responsible bidder in the amount of $42,419.00, with said cost to be charged against Bond Fund #200-171-062. PASSED AYES-13 NOES-0. No.61 Change Order #4 Allstate Maintenance Co. King Cultural Center I hereby submit to Your Honorable Body the following change order #4, in the amount of $8,980.85. The work is as follows: Install and construct a new copper skirt piece at the top of existing ball beneath existing steeple tower + $ 3,377.55 Replace east fletch, repair north, west and south fletch per N.Y.S.H.P.0. direction + 6,603.03 Credit for non-removal of cross and reinforcing - 1,000.00 I, therefore, request permission to issue a change order to Allstate Maintenance Company, Inc., in the amount of $8,980.85. Funds for this work are available in Bond Fund 200-717-045. The new contract amount will now be $919,959.85. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated May 22, 1991, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order to Allstate Maintenance Company, Inc., in the amount of $8,980.85, for additional work under the contract for the King Cultural Center, with said cost to be charged against Bond Fund 200-717-045. PASSED. AYES-13 NOES-0. No.62 Fuel Tank Removal - Beck Street K-Mart Project The Department of Community Development opened and publicly read bids for the removal and disposal of two (2) four (4) thousand gallon heating oil tanks on Beck Street. Results of bids are as follows: Base Unit Price Marshall Tank Co. $ 3,200 $ 135.00 Environmental Service Group 5,300 116.00 International Waste System 8, 341 146.00 Thermo Corp., Inc 13, 500 175. 00 Integrated Waste Removal 21,000 400.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Marshall Tank Company, 51 Botsford Place, Buffalo, New York, 14216, in the amount of $3,200 is the lowest responsible bidder in accordance with the plans and specifications. 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 200-717-008. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated May 20, 1991, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for a fuel tank removal to Marshall Tank Company, the lowest responsible bidder in the amount of $3,200.00, with said cost to be charged against Bond Fund 200-717-008. PASSED. AYES-13 NOES-0. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No.63 Report of Emergency Demolition 214 Miami Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (l) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 21, 1991 and that the contract will be awarded to the following responsible bidder: Address and Owner Contractor & Dollar Amount of Bid 214 Miami Advanced Tree and House Demolition 216 Miami Front and Rear $21,496.00 280 Miami Please be advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Commissioner of Inspections and Community Revitalization dated May 22, 1991, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Advanced Tree and House Demolition at a cost of $21,496.00, relating to 214 Miami, 216 Miami, Front and Rear, and 280 Miami Street, be, and the same hereby is confirmed, ratified and approved, with said cost to be charged against the Special Assessment Fund 500-000-002-00000, and that said cost be assessed against the property benefitted and collected from the party responsible under the provisions of Chapter XI, Article VII, of the Ordinances of the City of Buffalo. PASSED. AYES-13 NOES-0. No.64 Property Inspections Reform Measures CCP Dated April. 16, 1991 Item No. 231 The above stated item was previously in place during 1989. These are the drawbacks that were experienced at that time. Please also take note of other listed concerns of our Division. The hearing officer system duplicates the housing court duties. It is felt by this office that a judge is better equipped to consider circumstances related to specific violations. The creation and hiring of a hearing officer and the implementation of this program may need authorization from the State Senate and State Assembly. Additional payroll demands would be incurred because of the hiring of a hearing officer along with additional clerical help. Other considerations are computer programs, hardware and office space limitations. Additional duties assigned to the inspector such as issuing and delivering summonses is not time effective. In the plan under consideration, the Inspector will write and serve summonses. The Inspector can serve this summons in person to the owner or agent. The summons may also be posted on the property. These methods are necessary to provide "Good Service" to lay the legal foundation for the court action. The additional job functions will cut down on the Inspectors field time. The Parking Violations Board is empowered to levy fines. This agency has the power to lein vehicle titles. City Housing Court has the full force of the law to levy fines. The proposed Hearing Officer System is said to be empowered to impose fines. What legal leverage will this agency be given to work with? Without a collection and enforcement system the fines will go unpaid. Repeat offenders and their associates will become familiar and indifferent to the Hearing Officer System. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.65 "Staff Problems Riverside Senior Center" Item 11213, C.C.P. April 30, 1991 The above referenced item has been referred to this office for comment. It is & request for information on the staffing plans for the Riverside Senior Center. The Mayor's Office for Senior Citizens has filed a response about their specific plans and has informed Your Honorable Body that on May 6, 1991 they filled the staff position needed to supervise the activities at the center. They also stated that there will be no staff reduction or curtailment of hours at the center. There are currently no personnel requisitions for the Mayor's Office for senior Citizens pending approval from the budget office. RECEIVED AND FILED. No.66 "Kleinhans Oversight Committee" Item No. 210 C.C.P. 5/14/91 Regarding the above-mentioned item, I believe that the creation of a Kleinhans Music Hall oversight Committee is an unnecessary duplication of the services of the City of Buffalo officials who are on the Kleinhans Music Hall Management Corporation. The Mayor, Corporation Counsel and President of the Common Council are ex-off icio members of the board. These City of Buffalo officials are best-suited to monitor the relationship between Kleinhans and the Buffalo Philharmonic Orchestra, perhaps as a sub-committee of the Kleinhans Music Hall Management Corporation. The American symphony Orchestral League study finds that the City of Buffalo has been generous to the Buffalo Philharmonic. The City officials who are on the Board of Kleinhans Music Hall serve with the interests of both the BPO and Kleinhans in mind. Therefore, I advise against forming another committee. REFERRED TO THE COMMITTEE ON FINANCE No.67 Request Update on Compressed Natural Gas Resolution 11194, C.C.P. May 14, 1991 The above referenced item has been referred to this office for a report on any research that has been conducted on the possible conversion of City vehicles to compressed natural gas. Please be advised that Commissioner Bohen is researching the feasibility of this proposal and will report his recommendations to Your Honorable Body. RECEIVED AND FILED. No.68 Sick Leave Bank [Local 264 John J. Flood, Jr. Attached please find a Memorandum of Agreement between the City and Local 264 establishing a Sick Leave Bank for the sole use of John J. Flood, Jr., an employee of the Department of Street Sanitation. Since Common Council Approval is not required for agreements involving no monetary expenditures, this Memorandum of Agreement is being filed for informational purposes only. RECEIVED AND FILED.. FROM THE COMMISSIONER OF HUMAN RESOURCES No.69 CERTIFICATE OF APPOINTMENT Appointment to become effective May 17, 1991 in the Department of Human Resources, Division of Substance Abuse Services, Barbara Carson 289 Highland , Buffalo, N.Y. 14222, to the position of Senior Substance Abuse Specialist, Provisional, at the starting salary of $24,014 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No.70 Establish Supv. of Recruitment Position Com. #86, C.C.P. 4/16/91 As a follow-up to my communication of April 30, 1991, please be advised the President of the Municipal Civil Service Commission E. W. Dann Stevens, will be in attendance at the next Civil Service Committee meeting to be held on May 22, 1991. RECEIVED AND FILED. No.71 Staff Problems Riverside Sr. Center Item #213, CCP 4/30/9l In your communication of May l, 1991 you requested that the Municipal Civil Service Commission file our comments and/or recommendation relative to the above-referenced matter. This Commission has no comments in this regard. RECEIVED AND FILED. No.72 Appt. Asst. Corp. Counsel (Max.) Item #56, CCP 5/i3/91 In response to the above-referenced matter, please be advised that at its meeting of April 24, 1991 the Municipal Civil Service Commission approved the appointment of Mr. Robert V. Heftka to the position of Assistant Corporation Counsel on a conditional basis pending establishment of City of Buffalo residence. Mr. Heftka has been informed that he must establish City of Buffalo residence no later than October 31, 1991. If you have any questions in this regard, please contact me. REFERRED TO THE COMMITTEE ON ClVIL SERVICE. FROM THE BOARD OF EDUCATION No.73 Higgins Commission The Buffalo Board of Education had the opportunity to hear from South District Councilmember, Brian Higgins and the Higgins Commission Co-Chairman, Don Van Avery on the Commission's findings. It was concluded that any further action on this report and fiscal independence would be handled by a nine member panel composed of 3 Board of Education members, 3 Council members and 3 representatives from Mayor Griffin's Office. The 3 Board of Education members are: 1. Mrs. Judith Fisher - President, At-Large Member 2. Mrs. Mosella Richardson - Central District 3. Dr. Oscar Smukler - North District REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No.74 Notification of Disposition of City Records The following department(s) requested to dispose of city records as indicated on the attached form(s). I have authorized the disposition of these records in my capacity as City Records Management Officer. Administration & Finance-Parking Enforcement Division-6 RECEIVED AND FILED. No.75 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1111 Fuhrmann Slipaweigh Rest. Boat House Inc. 1761 So. Park Capital Bar & Grill Donald C. Flowers RECEIVED AND FILED. No.76 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: Comptroller- Anna Snyder Police- Sharon Grande Street Sanitation- John Bryant Human Resources- Doris Luchey RECEIVED AND FILED. No.77 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: Buffalo Sewer Authority City Planning Board Civil Service Commission (3) RECEIVED AND FILED. No.78 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. Appointment to become effective May 15, 1991 in the Department of City Clerk, Anita M. Irene 502 Linwood, Buffalo, N.Y. 14202, to the position of Intern III, Seasonal, at the starting salary of $5.00/hr. Appointment to become effective May 20, 1991 in the Department of City Clerk, Tanya L. Hernandez 578 West, Buffalo, N.Y. 14213, to the position of Intern IV, Seasonal, at the starting salary of $6.00/hr. No.79 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR EXECUTIVE DEPARTMENT Appointment to become effective May 20, 1991 in the Department of Mayors Office for Senior Citizens, Patrick Eck 34 Yale, Buffalo, N.Y. 14210, to the position of Laborer I, Permanent at the starting salary of $16,369 FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective May 13, 1991 in the Department of Public Works, Division of Engineering, John Smigiel 44 Youngs, Buffalo, N.Y. 14212, to the position of Bridge Operating Engineer, Seasonal, at the starting salary of $7.02/hr. FROM THE DEPARTMENT OF PARKS Appointment to become effective May 13, 1991 in the Department of Parks, Wayne A. Mack 28 Avondale, Buffalo, N.Y. 14210, to the position of Laborer II, Non-Competitive, at the starting salary of $6.65/hr. Appointments to become effective May 20, 1991 in the Department of Parks, to the position of Laborer II, Seasonal at the starting salary of $6.65/hr. Daniel Bohen 156 McKinley Parkway, Buffalo 14220 Jerry Brinkworth 205 Marine Drive, Buffalo 14202 Timothy Donovan 57 Susan Dane, Buffalo 14220 Norman Filer 17 Throupe, Buffalo 14210 John Petch 51 Boone, Buffalo 14220 Fredderick Vaccaro 144 Commonwealth, Buffalo 14216 Edward Woelfle 26 Dart, Buffalo 14213 Raymond McCool 79 Hamburg, Buffalo 14204 Appointment to become effective May 27, 1991 in the Department of Parks, Division of Recreation, James J. Wojcik 152 East St., Buffalo, N.Y. 14207, to the position of Director of Recreation, Exempt, at the starting salary of $35,381. FROM THE DEPARTMENT OF STREET SANITATION Appointment to become effective May 27, 1991, in the Department of Street Sanitation, John J. O'Neil 128 Tuscarora, Buffalo, N.Y. 14220, to the position of Laborer II, Seasonal, at the starting salary of $6.65/hr. Appointment to become effective May 22, 1991 in the Department of Street Sanitation to the position of Laborer II Seasonal at the starting salary of $6.6/hr Kevin P. Lillis, Jr. 214 Geary Street, Buffalo, New York 14210 Michael McCabe 8 Britt Street, Buffalo, New York 14220 Patrick M. McKeating 208 Cumberland, Buffalo, New York 14220 FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment to become effective May 13, 1991 in the Department of Administration and Finance, Division of Parking Enforcement, Lisa Capell 1536 Delaware, Buffalo, N.Y. 14209, to the position of Coordinator of Fiscal Affairs, Temporary, at the starting salary of $25,105. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective May 16, 1991 in the Department of Human Resources, Division for Youth, Alice Williams 159 Durham, Buffalo, N.Y. 14215, to the position of Attendant, Temporary, at the Starting Salary of: $ 4.25/hr. Appointment to become effective May 16, 1991 in the Department of Human Resources, Division for Youth, Kevin Comerford 743 McKinley, Buffalo, N.Y. 14220, to the position of Lifeguard, Temporary at the starting salary of: $ 4.33/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No.80 Buffalo Enterprise Development Corporation 1991 - 1992 Budget Pursuant to the Charter and ordinances of the City of Buffalo, Article IV -City Development Agencies - Section 6-27, we are hereby submitting for your review and comment a copy of The Buffalo Enterprise Development Corporation Budget for the fiscal year commencing June 1, 1991. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT No.81 Sheriff Of Erie County Proposal to Operate Fire Boat Enclosed please find a copy of our recent proposal to the City of Buffalo concerning the future operation of the fire boat, the Edward M. Cotter, and its base station. You will note that our proposal would provide for us to operate the craft only, and that we would not be responsible for any mechanical repairs or fire-fighting duties. Our personnel would only serve as coxswains. Although the industrial fires that once haunted the Buffalo waterfront hopefully are history, the necessity of the fire boat is ever present. For Buffalonians, it is a part of our history, and an excellent example of maritime fire apparatus. And, at 118 feet and 178 tons, it is a rescue boat that can brave the treacherous waters of Lake Erie. It is essential to the overall plan for our waterfront to have available such a boat for the increased commercial and recreational use on the lake and river. The boat and the facilities located at the foot of Michigan Avenue are in superb condition. A recent inspection showed it to be of excellent construction and its engines and equipment to be in tip-top shape and readiness stage. The building housing the present personnel assigned to the fire boat is also well maintained. It would serve as an ideal location for a year-round permanent waterfront marine headquarters for the Erie County Sheriff's Office Marine Division. As you are aware, we have been actively seeking such a site. In addition to our search, rescue, marine enforcement and fire-fighting responsibilities, we foresee the use of the Edward M. Cotter to break ice on the Buffalo River and the inner harbor. This function is most beneficial to South Buffalo and West Seneca, which have experienced extensive flooding due to ice jams. We would also continue the practice of having the Edward M. Cotter available to other government agencies for vital services such as the water intake maintenance. As you can see, the Edward M. Cotter is more than just a boat; it is a service to this community that we can ill afford to lose. The transfer of this vital equipment and facility to the Erie County Sheriff's Office, with minimal expense, will surely benefit all the citizens of Erie County. REFERRED TO THE COMMITTEE OF THE WHOLE. No.82 MYRON A. GIDNEY Water Leak 193 Kingsley I am the homeowner at 193 Kingsley St. Today, I received a notice from the Division of Water stating that there is a water leak on my property. Approximately a year ago a fire hydrant was placed on the property by the curb and then moved a few feet over. As a result I have acquired two (2) huge holes on the premises, one before the curb and on just past the curb. I also feel there is a strong possibility that the installation of this fire hydrant may have resulted in this water leakage. I am confer' ring with your office in hopes of having an investigation performed by the necessary officials to actually determine the origin of this leakage. If the leakage is a result of the hydrant I do not feel I should be held responsible for repairs. In the event that it is a problem that just occurred, I will make every effort to correct the problem as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS No.83 JEROME GRALNIK Sewer Problems/Costs-Sandres Road Area In reference to our conversation the other day about current city re-evaluation and the conditions of the Buffalo sewer system, in particular, those on Sanders Road, Villa and St. Laurence Avenues, I am enclosing copies of my plumbing bills for work that had to be done to prevent my basement from constant flooding due to the poor sewer drainage. The first bill is from Dec. 1990 in the amount of $86.94. The work was repeated less than two weeks later. (for this, however I was not charged) It is due to the same flooding problem. The second bill was March 7, 1991 in the amount of $915.00. I have a third bill dated April 29, 1991 in the amount of $68.04 for trapped line caused by the same bad sewer connections. As I said in our conversation, I have not contacted enough of my neighbors to see if they have experienced the same conditions. As you are aware, all these houses were built in 1929 and have had the same sewers. I believe the city should take that into their consideration if they move to re-value these properties. If I can supply more information for you I shall be more than glad to do so. I would also appreciate it if you would let me know what you have decided in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO SEWER AUTHORITY. No.84 HENRY J. HAHN Retirement from Buffalo Sewer Authority Board Please accept this correspondence as my official retirement as a member of the Buffalo Sewer Authority effective July l, 1991. It has indeed been a pleasure working with the Authority and the City of Buffalo for the past nine years and I look forward to many more years of continued friendship. RECEIVED AND FILED. No.85 KLEINHANS MUSIC HALL MANAGEMENT. INC. Capital Budget Request As requested at the hearing before the Common Council Monday afternoon, enclosed please find the capital budget request for Kleinhans Music Hall, including the original submission to Robert O'Hara, Director of Buildings, with Theodore Lownie's letter to him dated December 11, 1990, together with the letter submissions to Hallie Howell, Chair of the Citizens Advisory Committee, dated March 12 and March 13, 1991. Please let me know should you require anything further in this connection. REFERRED TO THE COMMITTEE OF THE WHOLE. No.86 National Fuel Mr. & Mrs. William Wright 31 Kingsley street This is a response to your communication with Gerard C. Miller regarding the water box at the above residence. We have determined that National Fuel was first notified of this situation on March 11, 1991 by Councilman David Collins. A work order was issued that same day to locate the water box. On March 12, 1991, the order was dispatched. However, because of too much ice and snow, the water box could not be located. The order was set aside until better weather permitted completion. As a consequence of this inquiry, the work order was reissued and the work completed on May 21, 1991. In addition, the block of sidewalk damaged making the repair will be replaced in the next several weeks. The Risk Management Department will follow up to ensure that the restoration is completed. If any further information is required, please call. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS No.87 ST. MARK'S C.O.G.I.C. Request Purchase Vacant lots (1213 Michigan & 1215 Michigan) St. Mark's C.O.G.I.C. located at 1221 Michigan Avenue is in great need of additional parking space. We are aware that 1213 Michigan and 1215 Michigan Avenue are vacant city-owned lots that would ideally address our needs. Therefore, we formally present this request to negotiate for the purchase and sale by our church of the aforementioned lots. We look forward to your support and positive review of this item. Thank you. Mr. Fahey moved: That the communication from St. Mark's C.O.G.I.C. dated May 17, 1991 be received and filed; and That the Comptroller be and he hereby is authorized to enter into negotiations with St. Mark's C.O.G.I.C. for the purchase of City property commonly known as 1213 and 1215 Michigan Avenue; and That the results of said negotiations be reported to this Honorable Body. ADOPTED. No.88 MILTON SCHREIER Reimbursement-Sewer Repair Work 63 Campbell In April we experienced flooding in our basement. I called my plumber and the Buffalo Sewer Authority. The plumber arrived before the Sewer Authority truck and began digging. When the Sewer Authority truck finally arrived, I discovered the problem was the city's responsibility. Tree roots were clogging the main line, as noted by the Sewer Authority personnel who viewed the line with their cameras. I would appreciate a copy of their report. I would further appreciate being reimbursed the $1,739.45, which I have been charged by Ricchiazzi Plumbing, Inc., for unnecessary work. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE BUFFALO SEWER AUTHORITY. No.89 STANLEY J. COLLESANO Appeal Signage approval at 420 Franklin Street Buffalo, New York Law offices of Siegel. Kelleher & Kahn Please be advised that I represent the firm of Siegel, Kelleher & Kahn, the owners of the above referenced property: In that regard, I hereby request the assistance of the Council in the resolution enclosed herein, which is an appeal of the Preservation Board Decision of May 1, 1991. On behalf of the owners of 420 Franklin Street, the Council is asked to adopt a resolution approving the issuance of a signage permit, authorizing the owners to construct and erect on the premises a free-standing sign (a photograph of which is herein enclosed) at a maximum height of 7' 10". Your cooperation in this matter is most appreciated If you do have any questions, do not hesitate to contact my office REFERRED TO THE COMMITTEE ON LEGISLATION No.90 STEPHEN A TYBOR, JR. Status-Purchase 402 Kenmore I have enclosed a copy of my original letter sent to Ralph Megna dated October 4, 1990. As noted in my letter, I am interested in purchasing 402 Kenmore Avenue to build a 4-6 unit apartment building for senior citizens. As I am interested in moving on this project, I would appreciate knowing the current status of my request as well as the property. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. PETITIONS No.91 Tom Lombardo's, owner, petition to use 1198 Hertel Avenue for an outdoor patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.92 Robert C. Myers & Francis Hardick, owners, petition to use 3204 Bailey Avenue for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.93 Jackie O'Brien, owner, petition to use 443 Forest Avenue for out door patio with awning. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.94 Anthony Panzarella,owner, petition to use 1849 Seneca Street for storage of three trucks. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.95 J. Christopher & Jane M. Lory,owner, petition to use 358 Delaware Avenue for offices. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.96 Margaret Foreman & P. Evans, owners, petition to use 48 College For a parking area. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.97 T. Lee & M. Lee, owners, petition to use 743 Elmwood for a wall sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.98 Charles Messer and Other Old First Ward residents oppose redistricting to place them in Fillmore District. RECEIVED AND FILED. AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-9 NOES- ARTHUR, BELL, COLLINS, PITTS-4 REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No.99 Reestablish Position/Supervisor of Recruitment (CSC) (Item # 86 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.100 Establish supervisor of Recruitment Position (CSC) (Item # 78 CCP May 14,1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.101 Staff Problem/Riverside Senior Center (Except Res # l) (Item # 213 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.102 Information/Riverside Senior Center (Sr. Cit.) (Item # 12 CCP day 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.103 Status/Closing A.D. Price Senior Center (#12 3/13) (Item # 107 CCP Jul 17, 1990) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED No.104 Status/Closing A.D. Price Senior Center (Sr. Cit.) (Item # 11 CCP Dec 26, 1990) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED No.105 Participation figures/Senior Program (Sr. Cit.) (Item # 10 CCP Feb 5, 1991) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED No.106 Information/ Appointment of Senior Citizen Aide (Sr. Cit.) (Item # 14 CCP Dec 11, 1990) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. ADOPTED No.107 Appointment Public Works/Truck Driver That Communication 43 CCP May 14, 1991 be received and filed and the Permanent appointment of Paul J. Bugman stated above at the Intermediate salary $20,570.00 effective on May 1, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.108 Appointment Inspections & Community Revitalization/Chief Electrical Inspector That Communication 73 CCP May 14, 1991 be received and filed and the Provisional appointment of David J. Pierowicz stated above at the Intermediate salary $30,838.00 effective on fray 8, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.109 Appointment Human Resources//Typist That Communication 74 CCP May 14, 1991 be received and filed and the Permanent appointment of Denise C. Green stated above at the Intermediate salary $18,109.00 effective on May 6, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.110 Appointment Human Resources//Reimbursement Specialist That Communication 75 CCP May 14, 1991 be received and filed and the Temporary appointment of Sharon M. Loubert stated above at the Intermediate salary $20,818.00 effective oh April 29, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.111 Appointment Human Resources/Counselor III That Communication 76 CCP May 14, 1991 be received and filed and the Temporary appointment of Henry R. Salley stated above at the Maximum salary $23,079.00 effective on May 7, 1991 is hereby approved. PASSED AYES-13 NOES-0. No.112 Notices of Appointments (C.Clerk) (Item # 88 CCP May 14,1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED FINANCE H0N. DAVID A. COLLINS CHAIRMAN No.113 MEMORIALIZE STATE LEGISLATURE TO GRANT PERMISSION TO THE CITY OF BUFFALO TO CHARGE ADMISSION USER FEE AT CITY-OWNED SPORTS AND ENTERTAINMENT FACILITIES (ITEM NO. 161, C.C.P. 02/19/91) That the above item be and the same is hereby returned to the Common Council without recommendation. Mr. Francyzk now moved to approve the above; seconded by Mr. Rutecki LOST AYES- ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, RUTECKI-6 NOES- AMOS, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PERLA, PITTS, 7 No.114 Memorialize Legislation/User Fees/Sports Entertainment (Item # 106 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.115 Bisons/Admission User Fee (Item # 89 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.116 Theater District Association//Oppose Admission User Fees (Item # 108 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.117 RE: ORDINANCE AMENDMENT CHAPTER 175 - FEES (ITEM NO. 232, C.C.P., 04/16/91) That the above ordinance amendment as contained in Item 232, C.C.P. 4/16/91, be, and the same hereby is, approved. PASSED AYES-AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-12 NOES-ARTHUR-1. No.118 Rescind Sale/1407 Fillmore (CC) (Item # 53 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.119 Rescind sale/175 Masten (CC) (Item # 54 CCP April 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.120 Transfer Property//Buell & Humboldt/Women Rights (Compt) (Item # 16 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.121 M. Monaco/Cancel Interest on Sidewalk Assessment 1660 Kenmore (Item # 98 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.122 Sidewalk Assessment/1660 Kenmore (Assmt) (Item # 24 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.123 Sidewalk Assessment/1660 Kenmore (PW) (Item # 39 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.124 C. PECORA - SIDEWALK ASSESSMENT 914 ELMWOOD AVENUE (ITEM NO. 102, C.C.P., 04/30/91) That the request of C. Pecora, owner of 914-916 Elmwood Avenue to set aside a sidewalk assessment in the amount of $2,670.78, be, and the same hereby is approved. PASSED AYES-13 NOES-0. No.125 Sidewalk Assessment/914 Elmwood (Assmt) (Item # 25 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.126 Sidewalk Assessment/914 Elmwood (PW) (Item # 40 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.127 Sidewalk Assessment/914 Elmwood (BSA) (Item # 79 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.128 FORGIVE RENT - SKYWAY LOT #3 (ITEM NO. 17, C.C.P., 04/30/91) That the request of Multiple Parking Services, Inc., to be forgiven its monthly rent in the amount of $5,050.50 from April 15, 1991 to November 15, 1991, as well as to be released from its liability insurance coverage during the same period for Skyway Lot #3, be, and the same hereby is approved. PASSED AYES-13 NOES-0. No.129 Authorized unissued debt (Compt)(#22 10/16) Item # 135 CCP Oct 30, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.130 Information/Unissued Debt/Bond Accounts (CD) (Item # 54 CCP Jan 8, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.131 Budgetary Projections as of 4/30/91 (Compt) (Item # 20 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby referred to the Committee of the Whole. Mr. Collins now moved to receive and file the above item; seconded by Mr. Pitts ADOPTED No.132 Loss in tax base 1987-1991 (Assmt) (Item # 22 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED LEGISLATION HON ALFRED T. COPPOLA CHAIRMAN No.133 D'YOUVILLE COLLEGE, OWNER, PETITION TO USE 631 NIAGARA STREET FOR AN ADVERTISING SIGN Item No. 110, C.C.P, 05/14/91) That the petition of D'Youville College, owner, for permission to use 631 Niagara Street for an illuminated ground sign measuring 8 feet 2 inches in overall height and 3 feet 6 inches in width be, and the same hereby is, approved. PASSED AYES-13 NOES-0. No.134 D. LEWIS, AGENT, PETITION TO USE 470 ELMWOOD AVENUE FOR AN OUTDOOR CAFE (Item No.111, C.C.P., 5/14/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the petition of D. Lewis, agent, for permission to use 470 Elmwood avenue for an outdoor cafe (8 Et. by 10 Et.) be and the same hereby is granted, subject to the following conditions: 1. That the cafe be opened no later than 11:00 PM. daily; 2. That there be no music played in the cafe; and 3. That there be no trash receptacles placed in the cafe. PASSED AYES-13 NOES-0. No.135 LOUIS BERRAFATO, OWNER, PETITION TO USE 396 PEARL STREET FOR AN OUTDOOR CAFE IN THE CITY R.O.W. (ITEM NO. 112, C.C.P. 05/14/91) That the petition of Louis Berrafato,owner for permission to use 396 Pearl Street for an outdoor cafe (6 foot by 36 foot) in the City R.O.W. be and the same hereby is, approved subject to the following conditions: 1. That the cafe be opened no later than 11:00 PM. daily. 2. That there be no music played in the cafe, and 3. That there be no trash receptacles placed in the cafe. PASSED AYES-13 NOES-0. No.136 RE: ANTHONIO MACALUSO, OWNER, PETITION TO USE 1458 HERTEL AVENUE FOR AN OUTDOOR CAFE (ITEM NO. 113, C.C.P., 05/14/91) That the petition of Anthonio Macaluso, owner, for permission to use 1458 Her tel Avenue for an outdoor cafe 8 1/2 ft. by 26 1/2 ft.) be, and the same hereby is, approved subject to the following conditions: 1. That the Cafe be opened no later than 11:00 p.m. daily; 2. That no music be played in the cafe; and 3. That no trash receptacles be placed in the cafe. PASSED AYES-13 NOES-0. No.137 RE: CHARLES MORREALE, OWNER, PETITION TO USE 1220 HERTEL AVENUE FOR AN OUTDOOR CAFE (Item No. 114, C.C.P., 5/14/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the petition of Charles Morreale, owner, for permission to use 1220 Hertel Avenue for an outdoor cafe (7 foot by 15 foot) be and the same hereby is approved, subject to the following conditions: 1. That the cafe be opened no later than 11:00 pm. daily; 2. That no music be played in the cafe and 3. That no trash receptacles be placed in the cafe. PASSED AYES-13 NOES-0. No.138 RE: EDWARD ROBINSON AND DOMINIC MOLLE, OWNER, PETITION TO USE 1430 HERTEL FOR A SIDEWALK CAFE (Item No. 115, C.C.P., 5/14/91) That the petition of Edward Robinson and Dominic Molle, owners, for permission to use 1430 Hertel Avenue for a sidewalk cafe (10 ft. x 15 ft.) be and the same hereby is approved subject to the following conditions: l. That the cafe be opened no later than 11:00 pm. daily; 2. That no music be played in the cafe area; and 3. That no trash receptacles be placed in the cafe. PASSED AYES-13 NOES-0. No.139 RE: TOPS MARKET - REQUEST TO PLACE SEVEN FREE-STANDING ACCESSORY SIGNS AT 2131 ELMWOOD AVENUE (Item No. 116, C.C.P., 5/14/91) That the petition of Tops Market, owner, to use 2131 Elmwood Avenue for a pole sign (30 ft. in height and 8 ft. x 10 ft. in sign face area) and six illuminated ground signs (3 Et. x 3 ft. in sign face area and 7 ft. in overall height) be and the same hereby is approved. PASSED AYES-13 NOES-0. No.140 RE: ADMIRAL'S WALK INC. , OWNER, PETITION TO USE 210 LAKEFRONT BLVD. FOR A NON-ILLUMINATED GROUND SIGN (Item No. 118, C.C.P., 4/16/91) That the petition of Admiral's Walk Inc., owner, requesting permission to use 210 Lakefront Blvd- for a nonilluminated ground sign (7.5 ft. by 4 ft.) be and the same hereby is approved. PASSED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, 11 NOES- FAHEY, RUTECKI-2. No.141 RE: ENVIRONMENTAL ASSESSMENT FORM ADMIRAL'S WALK - REQUEST TO PLACE A NON-ILLUMINATED GROUND SIGN AT 210 LAKEFRONT BLVD. (Item No. 71, C.C.P., April 30, 1991) That Item No. 71, C.C.P., April 30, 1991 "Admiral's Walk - Request to place a non-illuminated ground sign at 210 Lakefront Blvd." 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.142 Admirals Walk/Use 210 Lakefront (CPBD) (Item # 14 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.143 Restaruant/Dancing License/3405 Bailey (PW) (Item # 44 CCP Dec 11, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.144 Dancing License/3405 Bailey (Police)(Hrg) (Item # 35 CCP Jan 22, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.145 G. Giaraffa/Complaint on Bar Operation/3405 Bailey (Item # 114 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.146 Encroachment/Sidewalk Cafe/1430 Hertel (PW) (Item # 47 CCP Mar 5, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.147 Use 1430 Hertel (CPBD) (Item # 12 CCP Mar 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.148 RE: ENVIRONMENTAL ASSESSMENT FORM BERTHA'S RESTAURANT - REQUEST TO PLACE A SIDEWALK CAFE AT 1430 HERTEL AVENUE (Item No. 84, C.C.P., March 19, 1991) That Item No. 84, C.C.P., March 19, 1991 "Bertha 'a Restaurant - Request to Place a Sidewalk Cafe at 1430 Hertel Avenue " 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.149 RE: RESTAURANT/DANCING CLASS III LICENSE 2046 FILLMORE AVENUE (Item No. 41, C.C.P. 05/14/91) That pursuant to Chapter 150 of the City of Buffalo ordinances, the Director of Licenses be, and he hereby is, authorized to issue a Restaurant/Dancing Class III License to New Golden Nugget, Inc., Curtis Drake, owner, 2046 Fillmore Avenue. PASSED AYES-13 NOES-0. No.150 People Inc./10 Bed Residence 205 Shoshone (Item # 103 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.151 People Inc. /Additional information/205 Shoshone (Item # 101 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.152 RE: NOTIFICATION SERIALS 8188-8192 (Item No. 27, C.C.P. 05/14/91) That Notification Serials 8188,8191 from the Acting City Engineer, dated May 8, 1991, be, and the same hereby are, received and filed; and That Notification Serials 8189, 8190 and 8192 from the Acting City Engineer, dated May 8, 1991 be and the same hereby are denied. ADOPTED No.153 Information/Notification Serials 8184-8185 (PW) (Item # 38 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.154 Information/Notification Serials 8188-92 (PW) (Item # 26 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-12 NOES- PITTS-1 No.155 Billboard Spacing in City (Item # 192 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit the above item to the Committee on Legislation; seconded by Mr. Amos ADOPTED AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-11 NOES- AMOS, BELL- 2. No.156 Veto/Request for Variance 426 Franklin (Item # 1 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.157 Suspend Ordinance/420 Franklin (ICR) (Item # 77 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola now moved to recommit the above item to the Committee on Legislation; seconded by Mr. Bakos ADOPTED No.158 Pest Management Board Restore/Maintain Elm Trees (Item # 102 CCP May 14,1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.159 W. Stachowski -Support For Campus West (Item # 105 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.160 SONY/Trustees/Status Campus West Funding (Item # 106 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.161 SUNY/Provost/Status Campus West Funding (Item # 107 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.162 Neighbor harassment/134 Mohican (Police) (Item # 173 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.163 Neighbor Harassment/I 34 Mohican (ICR) (Item # 174 CCP Apr 30, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.164 E. Smith/remove Flashing Light Suffolk/Easton (Item # 119 CCP Har 19, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.165 Traffic Light Suffolk/Easton (PW) (Item # 50 CCP Apr 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.166 Traffic Light Suffolk/Easton (Police) (Item # 53 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.167 P. Calabro-Oppose Parking Meters-Forest (Item # 117 CCP May 14,1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.168 RE: NEIGHBORS TO KEEP FOREST ON FOREST (Item No. 99, C.C.P., 4/30/91) That the Common Council adopts an amendment to Chapter 309-31 of the Ordinances of the City of Buffalo designating Forest Avenue from Rees Street to Lincoln Parkway as a park approach and that the Corporation Counsel be directed to prepare an ordinance so providing; and That the Comptroller and Director of Parking in an effort to alleviate the parking problems in the Elmwood and Forest Avenue area are authorized to negotiate the purchase of 1081-1085 Elmwood Avenue under the RAPP Program. ADOPTED AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-12 NOES- AMOS-1 No.169 Designate Prk. Approach (PW) (Item # 42 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.170 Request Appointment Of Corporation Counsel (Item # 206 CCP Apr 2, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.171 Appointment Of Corporation Counsel As Mandated (CC) (Item # 63 CCP Apr 16, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.172 Erect Building/Helping Hands property (Parks) (Item # 49 CCP May 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.173 Schedule For Tree Trimming (Parks) (Item # 44 CCP Hay 14, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No.174 RE: APPOINTMENT OF RICHARD LIPPES TO HORIZONS WATERFRONT COMMISSION (Item No. 190, C.C.P. 05/14/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Bakos now moved: That the appointment of Richard Lippes of 1260 Delaware Avenue to a vacancy on the Horizons W aterfront Commission be, and it hereby is, received and filed. Seconded by MR. Franczyk ADOPTED No.175 RE: APPOINTMENT OF RAE H. ROSEN AS COMMON COUNCIL REPRESENTATIVE TO THE HORIZONS WATERFRONT COMMISSION (ITEM NO. 199, C.C.P. 05/14/91) That the above item be and the same is hereby returned to the Common Council without recommendation. Mr. Higgins moved: That the appointment of Rae H. Rosen of 256 Bryant Street as the Common Council's representative to the Horizons Waterfront Commission to fill a vacancy be and hereby is approved. ADOPTED No.176 REAPPOINTMENT OF MEMBERS OF THE BUFFALO SEWER AUTHORITY (Item No. l, C.C.P., 5/14/91) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Coppola now moved to recommit the above item to the Committee on Legislation; seconded by Mr. Collins ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PITTS- 10 NOES- LOTEMPIO, PERLA, RUTECKI- 3 ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No.177 Community Wide Urban Renewal Program Supplement (Item No. 70, C.C.P., May 14, 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 schedule meeting on May 28, 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. Collins the item is properly before the Common Council and the hearing be opened. CARRIED. Appearances: J. Duderwick Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED Mr. Fahey moved that: The Community Wide Urban Renewal Homestead Program Supplement which identifies approximately 568 new housing construction sites utilizing vacant city owner parcels, be and the same hereby is, approved. PASSED AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-12 NOES- ARTHUR-1 No.178 Hearing - Land Disposition Agreement Clinton Park New Housing (Item No. 71, C.C.P. May 14, 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 May 28, 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: L. Maulucci, Department of Community Development Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Pitts moved that WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Gal-Van Developers, 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: (l) That Gal-Van Developers, 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 Clinton Park New Housing Project in the Emslie Neighborhood Development 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-13 NOES-0. No.179 Hearing - Land Disposition Agreement St. Columba Square New Housing (Item No. 72, C.C.P. May 14, 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 May 28, 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: L. Maulucci, Department of Community Development D. Penman, M.J. Peterson Co. Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Pitts moved that WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M.J. Peterson Development Corp. 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: (l) That M.J. Peterson Development Corp. 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 St. Columba Square New Housing Project in the Ellicott Redevelopment Project NYR 1-1. (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- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 12 NOES- FAHEY-1. RESOLUTIONS No.180 BY: MESSRS. AMOS AND BELL REAPPORTIONMENT PROPOSAL WHEREAS: Before this Honorable Body are a variety of Reapportionment plans, none of which is truly agreed to by a majority; and WHEREAS: The last Reapportionment plan for the City of Buffalo was not passed until July 27, 1982; and WHEREAS: Reapportionment is required by law every ten years; and WHEREAS: Ten years have not passed and therefore we may choose to remain under the current law until a plan can be chosen that is less controversial than the ones currently proposed; and WHEREAS: The city is currently experiencing serious budgetary problems and a lawsuit would not be in the best interests of the people or in good consciousness of the representatives. NOW THEREFORE, BE IT RESOLVED: That the issue of reapportionment be laid to rest until a better plan can be drafted and the current attached map and the Local Law implementing this map as passed on July 27, 1982, C.C.P. 318, be passed as the Reapportionment Plan of 1981. Mr. Fahey moved to receive and file the above item. Seconded by Mr. Higgins. Mr. Amos now moved to amend the motion to adopt the item. Seconded . by Mr. Coppola. LOST AYES- AMOS, BELL, COLLINS, COPPOLA, PITTS- 5 NOES- ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI- 8. Mr. Fahey now moved his original item to receive and file the item. ADOPTED AYES- ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 8 NOES- AMOS, BELL, COLLINS, COPPOLA, PITTS- 5. No.181 BY: MESSRS. AMOS, FAHEY AND ARTHUR FULL CYCLE SIGNAL LIGHT AT EASTON AVENUE AND SUFFOLK AVENUE WHEREAS: The residents on Easton Avenue and Suffolk Avenue are concerned with the many accidents and near accidents at the corner of Easton and Suffolk Avenue; and WHEREAS: They are requesting that the traffic light at the corner be changed to a full cycle, twenty four hours a day; and WHEREAS: They have voiced their commitment to this concern through the attached petition with approximately 90 signatures. NOW, THEREFORE, BE IT RESOLVED That this Honorable Body instruct the Department of Public Works to change the cycle of the traffic signal to a full cycle twenty-four (24) hours a day. BE IT FURTHER RESOLVED That the Department forward the installation date to this Honorable Body. ADOPTED. No.182 BY: MR. ARTHUR The Greater Hope Baptist Church's request to purchase lot, located at 257 E. Utica Street, Buffalo, NY. WHEREAS: The Greater Hope Baptist Church, 8 Verplank St. has filed a request with the Council to begin negotiations for a lot located at 257 East Utica Street. NOW, THEREFORE, BE IT RESOLVED THAT: The Comptroller be and hereby is authorized to negotiate a private sale with The Greater Hope Baptist Church for the purchase of 257 East Utica Street, 121.33 east of Purdy and that the results of such negotiations be reported to this Honorable Body. ADOPTED. No.183 BY: MESSRS. ARTHUR , COPPOLA, PITTS AND COLLINS DEDICATION OF TIMES BEACH NATURE PRESERVE WHEREAS: Article 2, Section 10, Paragraph 9 of the Charter of the City of Buffalo authorizes the city to establish parks and other public grounds, and to regulate and control the management and use thereof; and WHEREAS: It is in the best interests of the public generally, and the citizens of the City of Buffalo in particular, that Times Beach be dedicated as a Nature Preserve to be hereafter set aside as a natural and educational resource for the public; and WHEREAS: The upland and water areas of Times Beach were deeded to the City of Buffalo by the Federal Government with the requirement that they be set aside for recreational use; and WHEREAS: Times Beach was designated a Protected Wetland under the New York State Freshwater Wetland Act in 1978; and WHEREAS: The Horizons Waterfront Commission's Action Plan of May IS, 1991 calls for the designation of Times Beach as a Nature Preserve; and WHEREAS: Over 230 species of birds and at least 20 species of mammals, reptiles and fish have been recorded at Times Beach since The Buffalo Ornithological Society began making observations there. NOW THEREFORE BE IT RESOLVED THAT: The following described property be and hereby is formally designated the Times Beach Nature Preserve and shall hereafter be maintained solely as a natural and educational resource wherein the public may hike on pre-cut trails, bird-watch, photograph, participate in nature study and otherwise commune with nature; and BE IT FURTHER RESOLVED THAT: The following shall not be permitted within the nature preserve and that signs shall be erected at the main access points indicating that these activities are prohibited: Fires; Firearms; Automobiles, motorcycles, motorbikes, bicycles, snowmobiles, ATVs, or other similar forms of conveyance outside of formally dedicated parking areas; Dogs or other domesticated animals; Eating any plants or their fruits; Picking any plants; Hunting, trapping; Intentionally Disturbing Wildlife; Littering; Alcoholic beverages; and any other restrictions that may be identified by the Buffalo Department of Public Works, the New York State Department of Environmental Conservation and the New York State Department of Health and passed by this Council. AND BE IT FURTHER RESOLVED THAT: The parcels of land herein described are the parcels hereby dedicated as Times Beach Nature Preserve. REFERRED TO THE COMMITTEE ON LEGISLATION, THE WATERFRONT HORIZONS COMMISSION AND THE N.Y.S. DEPARTMENT OF HEALTH AND N.Y.S. DEPT. OF ENVIRONMENTAL CONSERVATION. No.184 BY: MR. ARTHUR Demolition of 136 Moselle Street WHEREAS: The neighbors of 136 Moselle Street have reported this property to the Mayor's Hot Line as a hazardous condition in July 19, 1988; and WHEREAS: This property was inspected July 27, 1988 and cited for demolition; and WHEREAS: On October 12, 1988, that the City of Buffalo, begin the process of perfecting the title of 136 Moselle Street; and WHEREAS: The property has become a haven for teenagers, plagued with fire, trash, rodents and threatens the well-being of the residents of the neighborhood. NOW, THEREFORE, BE IT RESOLVED THAT: This Common Council requests a report from the Division of Real Estate on the status of this property's title. AND, BE IT FURTHER RESOLVED THAT: The Department of Inspections and Community Revitalization demolish the aforementioned property upon perfecting the title. ADOPTED No.185 BY:MESSRS. ARTHUR AND BAKOS Authorize Comptroller to acquire title 2038-2050 Genesee Street (Polk Brothers Interiors) WHEREAS: There exists an immediate need in the Bailey/Delavan Community for a community service center that can provide a broad array of human services, including constructive outlets for youth and young adults, in order to reduce racial tensions in the area; and WHEREAS: This Common Council requested the Comptroller to investigate the feasibility of purchasing 2038-2050 Genesee Street for conversion to the aforementioned community center (Item No. 202, C.C.P. Dec. 11, 1990); and WHEREAS: The Comptroller commissioned two appraisals of the property, each setting the Fair Market Value of the property at $300,000, and undertook preliminary discussions with the owners of the property, Messrs. Peter Polk and Walter Polikolsky, who indicated a willingness to sell the property for the sum of $300,000; and WHEREAS: Funds are available in the Capital Projects Fund, Division of Buildings, Account Code 200-402-007-00, for the purpose of purchasing 2038-2050 Genesee Street for conversion to the Bailey/Delavan Community Service Center. NOW, THEREFORE, BE IT RESOLVED THAT: This Common Council does hereby request the Comptroller to furnish a certificate of availability of funds in accordance with Art. 27, Sec. 512 of the Charter of the City of Buffalo, and to undertake the preparation of any other documents necessary for the purchase of 2038-2050 Genesee Street; and BE IT FURTHER RESOLVED THAT : This Common Council does hereby authorize the Comptroller to acquire title to 2038-2050 Genesee Street, that tract or parcel of land, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot Number Forty-three (43), Township Eleven (11), Range Seven (7) of the Holland Company's Survey and bounded as follows: Beginning at a point in the northwesterly line of Genesee Street distant Six hundred ten and fifty-one hundredths (610.51) feet north-easterly from its intersection with the easterly line of Newburgh Street, said point of beginning being the southeast corner of lands conveyed to Charles E. Toy by deed Dated April 20, 1917 and recorded in the Erie County Clerk's Office in Liber 1393 of Deeds at page 104; thence northerly along the said east line of Toy's land Three hundred eighty-three and eighty hundredths (383.80) feet to the southwesterly line of Kerns Avenue; thence northwesterly along said southwesterly line of Kerns Avenue One hundred fifty-three and seventy hundredths (153.70) feet to the east line of land conveyed to William Toy by deed dated April 20, 1917 and recorded in the Erie County Clerk's office in Liber 1393 of Deeds at Page 106 April 21, 1917; thence southerly along said east line of William Toy's land five hundred forty (540) feet to a point in the northwesterly line of Genesee Street distant Four hundred sixty-four and sixty-nine hundredths (464.69) feet northeasterly from its intersection with the easterly line of Newburg Street; thence northeasterly along the northwesterly line of Genesee Street One hundred forty-five and eighty-two hundredths (145.82) feet to the point or place of beginning, for the sum of $300,000. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER No.186 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Colon Council, the sum of $585 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$585 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund$585 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund$585 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 075 - Reconstruct Police Department Buildings$585 PASSED AYES-13 NOES-0. No.187 BY: MR:. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS 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 $660 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$660 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $660 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund$660 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 035 - Window Replacement Northwest Buffalo Community Center$660 PASSED AYES-13 NOES-0. No.188 BY: MR:. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS 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 $1,200 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$1,200 TO: 81-8 - Inter fund Transfers 010 - Transfer to Capital Projects Fund$1,200 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund$1,200 TO: 200 Capital Projects Fund 71-7 - Division of Development 068 - Acquisition of Neighborhood Information Center $1.200 PASSED AYES-13 NOES-0. No.189 By: Mr. Collins Transfer of Funds Appropriation Allotments - Enterprise Fund - Stadium & Auditorium 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 $30,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Memorial Auditorium and said sum is hereby reappropriated as set forth below: From: 430 Enterprise Fund - Stadium & Auditorium 61-2 - Memorial Auditorium 031 - Operation & Maintenance Purchase of Services 573 - Engineering & Technical Services $30.000 To: 430 Enterprise Funds - Stadium & Auditorium 61-2 - Memorial Auditorium 085 - Capital Outlay 980 - Machinery & Equipment Condensate Pumps $30.000 PASSED AYES-13 NOES-0. No.190 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items - Water Department of Water 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 $12,500 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements$12.500 To: 410 Enterprise Fund - Water 98-0 - Department of Water 021 - Administrative Services Purchase of Services 573 - Engineering & Technical Services $12.500 PASSED AYES-13 NOES-0. No.191 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items - Water Department of Water 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 $27,540 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements$27,540 To: 410 Enterprise Fund - Water 98-0 - Department of Water 015 - Distribution Systems Purchase of Services 573 - Engineering & Technical Services $27,540 PASSED AYES-13 NOES-0. No.192 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items - Water Enterprise Fund Capital Projects 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 $67,500 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements$67.500 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund$67,500 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund$67,500 To: 415 Enterprise Fund - Capital Projects 98-0 - Department of Water 025 - Plans & Specs for Alum Sludge Treatment $67.500 PASSED AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS-12 NOES-RUTECKI-1. No.193 By: Mr. Collins Transfer of Funds Appropriation Allotments - Exempt Items - Water Department of Water 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 $95,000 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements$95.000 To: 410 Enterprise Fund - Water 98-0 - Department of Water 012 - Filtration Plant Purchase of Services 583 - Unclassified $95,000 PASSED. AYES-13 NOES-0. No.194 By Mr. Collins TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - ENTERPRISE FUND - WATER DEPARTMENT OF WATER 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 $252,750 be and the same is hereby transferred from various accounts in Appropriation Allotments - Enterprise Fund - Water and said sum is hereby reappropriated as set forth below: FROM: 410 Enterprise Fund - Water 98-0 Department of Water 013 - Repair & Installation of Water Meters Personal Services 110- Salaries - Regular 22,000 119- Salary Adjustment 3,000 015 - Distribution Systems Personal Services 110 - Salaries - Regular 165,000 119 - Salary Adjustment 62.750 TOTAL $252.750 TO: 410 Enterprise Fund - Water 98-0 Department of Water 012 - Filtration Plant Public Utility Services 223 - Gas $10,000 014 - Intake Pier Tower & Tanks Public Utility Services 221 - Electric, Light & Power 238,000 032 - Servicing Automotive Equipment Personal Services 110 -Salaries - Regular 4,200 114 Overtime Pay 500 123 Shift Differential 50 TOTAL $252.750 PASSED AYES-13 NOES-0. No.195 By Mr. Collins Transfer of Funds Appropriation Allotments - Regular Departments Appropriation Allotments - General City Charges Various Departments 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 $2,050,700 be and the same is hereby transferred from various accounts in Appropriation Allotments - Regular Departments and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 01-0 Common Council 001 - Legislative Personal Services 110 - Salaries - Regular $18,000 01 - 1 Division of City Clerk 001 - City Clerk Personal Services 110 - Salaries - Regular 75,000 03-5 Mayor's Office for Senior Citizens 011 - Recreation Program for the Elderly Personal Services 110-Salaries- Regular 86,000 04-1 Division of Audit 001 - Audit Services Personal Services 110-Salaries- Regular 2,000 04-2 Division of Accounting 001 - Accounting Personal Services 110-Salaries- Regular 5,000 04-3 Division of Real Estate 001 - Real Estate Management Personal Services 112 - Temporary Services 8,000 05-0 Civil Service Commission 001 - Administrative and Advisory Personal Services 110-Salaries- Regular 40,000 114-Overtime Pay 2,000 06-1 Division of Budget & Management 002 - Financial Control of Agencies Personal Services 110-Salaries-Regular 18,000 06-4 Parking Enforcement 013 - Parking Meters & Enforcement Personal Services 110-Salaries-Regular 2,000 112 - Temporary Services 19,000 022 - Parking Violations Bureau Personal Services 110 - Salaries - Regular 4,000 112 - Temporary Services 1,000 09-0 Department of Assessment 001 - Assessment Personal Services 110 - Salaries - Regular 64,000 114-Overtime Pay 17,000 10-1 Division of Purchase 001 - Purchasing Personal Services 110 - Salaries - Regular 12,000 20-0 Department of Police 011 - Detective Force Personal Services 110-Salaries-Regular 15,000 115-Holiday Pay 3,700 012 - Precinct & Patrol Services Personal Services 110-Salaries- Regular 565,000 032 - Servicing Automotive Equipment Personal Services 110 - Salaries - Regular 7,000 21-0 Department of Fire 011 - Fire Fighting Services Personal Services 110 - Salaries - Regular 90,000 121 - Acting Time10,000 124 - Meal Time Allowance 40,000 021 - Administrative Services Personal Services 110 - Salaries - Regular 18,000 031 - Fire HO & Stationhouse Maintenance Personal Services 110 - Salaries - Regular 5,000 032 - Servicing Automotive Equipment Personal Services 110 - Salaries - Regular 6,000 24-1 Division of Housing & Property Inspection 011 - Inspections and Enforcement Personal Services 110-Salaries- Regular 53,000 24-2 Division of Community Revitalization 021 - Community Revitalization Personal Services 110-Salaries- Regular 58,000 40-0 Department of Public Works 021 - Administrative Services Personal Services 110 - Salaries - Regular 13,000 40-1 Division of Engineering 012 - Lighting of Streets Personal Services 110 - Salaries - Regular 7,000 015 - Repair & Construction of Other Public Improvements Personal Services 112 - Temporary Services 6,000 016 - Design & Planning of City Streets Personal Services 110 - Salaries - Regular 16,000 021 - Administrative Services Personal Services 110-Salaries- Regular 75,000 112 - Temporary Services 6,000 023 - Traffic Engineering Services Personal Services 110 - Salaries - Regular 7,000 40-2 Division of Buildings 011 - Inspection of Non-Public Plans & Structures Personal Services 110-Salaries- Regular 9,000 022 - Plan & Design of Public Buildings Personal Services 110 - Salaries - Regular 11,000 50-0 Department of Human Resources 001 - Executive Personal Services 110 - Salaries - Regular 40,000 152 - Veterans Helping Veterans Personal Services 110 - Salaries - Regular 12,000 50-4 Division of Substance Services 011 - YDA- DACC Narcotic Control Program Personal Services 110 - Salaries - Regular 51,000 012 - BMHA/HUD Substance Abuse Program Personal Services 110 - Salaries - Regular 42,000 013 - NYS DSAS AIDS Program Personal Services 110 - Salaries - Regular 32,000 50-5 Division of Employment & Training 021 - Employment & Training Services Personal Services 110 - Salaries - Regular 13,000 50-6 Division for Youth 011 - NYS Youth Commission Program Personal Services 110 - Salaries - Regular 44,000 112 - Temporary Services 28,000 60-0 Department of Parks 021 - Administrative Services Personal Services 110-Salaries-Regular 30,000 60-1 Division of Parks 011 - Park District Golf Courses & Gardens Personal Services 112 - Temporary Services 19,000 115-Holiday Pay 4,000 012 - Care & Replacement of Trees Personal Services 110 - Salaries - Regular 73,000 114-Overtime Pay 5,000 60-2 Division of Recreation 011 - Recreational Facilities & Activities Personal Services 110-Salaries-Regular 53,000 112 - Temporary Services 75,000 114-Overtime Pay 10,000 012 - NYS Youth Commission Program Personal Services 110 - Salaries - Regular 10,000 70-0 Department of Street Sanitation 012 - Vermin & Animal Control Personal Services 110 - Salaries - Regular 10,000 013 - Cleaning Streets & Snow Removal Personal Services 114-Overtime Pay 74,000 032 - Servicing Automotive Equipment Personal Services 110 - Salaries - Regular 3,000 112 - Temporary Services 2,000 114-Overtime Pay 34,000 115-Holiday Pay 3000 TOTAL $2.050.700 TO: 100 General Fund 01-0 Common Council 007 - Economic Development Committee Chairman Personal Services 110 - Salaries - Regular 1,112 008 - Urban Renewal Committee Chairman Personal Services 110 - Salaries - Regular 1,000 010 - Councilmember 10 Personal Services 110 - Salaries - Regular 1,329 011 - Councilmember 11 Personal Services 110-Salaries-Regular 1,000 06-1 Division of Budget & Management 001 - Administrative Services Personal Services 110 - Salaries - Regular 7,250 06-3 - Division of Labor Relations 001 - Labor Relations Personal Services 110-Salaries-Regular 2,000 Purchase of Services 572 - Legal Services 13,000 06-4 Parking Enforcement 031 - Towing & Storage Operations Personal Services 110 - Salaries - Regular 18,000 112 - Temporary Services 4,400 114-Overtime Pay 15,000 115-Holiday Pay 2,550 06-5 Division of Treasury 001 - Treasury Personal Services 110 - Salaries - Regular 7,250 121-ActingTime 325 08-0 Department of Law 001 - Corporation Counsel Purchase of Services 572 - Legal Services 168,000 10-0 Department of General Services 001 - Administrative Services Personal Services 110 - Salaries - Regular 5,400 121-Acting Time 250 10-4 Division of Inventory & Stores 001 - Inventory Management Personal Services 110-Salaries-Regular 11,000 112 - Temporary Services 20,100 Materials & Supplies 452 - Gasoline & Lubricants 70,000 Purchase of Services 504 - Automotive - Other Servicing 7,700 20-0 Department of Police 013 - Traffic Control Service Personal Services 122 - Reporting Time 6,500 123 - Shift Differential 650 125 - Longevity 2,650 021 - Administrative Services Personal Services 110-Salaries- Regular 27,800 114-Overtime Pay 11,200 115-Holiday Pay 175 122 - Reporting Time 3,000 123 - Shift Differential 75 022 - Communication Services Personal Services 114-Overtime Pay 33,100 023 - Instructional Services Personal Services 110 - Salaries - Regular 1,500 031 - Servicing Automotive Equipment Public Utility Services 221 - Electric, Light & Power 21,000 21-0 Department of Fire 012 - Fire Prevention Services Personal Services 110-Salaries-Regular 9,800 Travel & Transportation 301 - Automobile Allowance 2,200 013 - Fire Boat Services Personal Services 114-Overtime Pay 18,000 022 - Fire Defense & Training Services Personal Services 110 - Salaries - Regular 4,000 023 - Fire Alarm & Telegraph System Personal Services 110-Salaries- Regular 8,000 114-Overtime Pay 22,000 121 - Acting Time 2,000 24-0 Department of Inspections & Community Revitalization 021 - Administrative Services Personal Services 110 - Salaries - Regular 7,800 40-1 Division of Engineering 012 - Lighting of Streets Public Utility Services 221 - Electric, Light & Power 150,000 014 - Construction of Streets Travel & Transportation 301 - Automobile Allowance 1,800 023 - Traffic Engineering Services Public Utility Services 221 - Electric, Light & Power 12,000 40-2 Division of Buildings 013 - Licenses Personal Services 110 - Salaries - Regular 1,300 021 - Administrative Services Personal Services 110 - Salaries - Regula 4,700 121 - Acting Time150 Purchase of Services 583 - Unclassified 40,000 031 - Operation & Maintenance of Public Buildings Personal Services 114-Overtime Pay 11,000 115-Holiday Pay 600 50-0 Department of Human Resources 002 - Administrative Services Personal Services 110 - Salaries - Regular 1,000 003 - Demonstration Projects Personal Services 110 - Salaries - Regular 6,700 004 - Advocacy Office for People with Handicapping Conditions Personal Services 110-Salaries-Regular 1,300 50-7 Urban Affairs 001 - Urban Affairs Personal Services 110 - Salaries - Regular 3,000 60-1 Division of Parks 032 - Servicing Automotive Equipment Personal Services 110 - Salaries - Regular 3,000 114-Overtime Pay 3,000 70-0 Department of Street Sanitation 011 - Collection of Ashes, Garbage & Refuse Personal Services 114-Overtime Pay 482,000 Travel & Transportation 301 - Automobile Allowance 2,100 021 - Administrative Services Personal Services 110 - Salaries - Regular 6,700 022 - Radio Control Personal Services 114-Overtime Pay 35,000 115-Holiday Pay 1,000 123 - Shift Differential 100 71-0 Department of Community Development 001 - Executive Personal Services 110 - Salaries - Regular 8,500 71-1 Division of Planning 001 - Community Development Planning Personal Services 110 - Salaries - Regular 11,000 71-7 Division of Development 021 - Community Development Development Personal Services 110 - Salaries - Regular 4,000 81-4 Miscellaneous Charges 880 - Interest - Revenue Anticipation Notes 722,634 TOTAL 2,050,700 PASSED AYES-13 NOES-0. No.196 By Mr. Collins INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS - FUND BALANCE RESERVE ENTERPRISE FUND - PARKING That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted' to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Enterprise Fund - Parking be and the same hereby is increased in the sum of $121,082. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $121,082 from 440-890-030 - Maintenance Reserve for Downtown Ramps - BCAR to meet this increased appropriation as set forth below: TO: 440 Enterprise Fund - Parking 81-9 - Exempt Items 030 - BCAR Reserve for Repairs$121.082 PASSED AYES-13 NOES-0. No.197 BY: MR. COLLINS: BOND RESOLUTION $120,000 SERIAL BONDS THE REPLACEMENT OF WATERMAINS ACROSS KENSINGTON EXPRESSWAY ACCOUNT 415-980-070 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $120,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE REPLACEMENT OF WATERMAINS ACROSS KENSINGTON EXPRESSWAY, AT THE ESTIMATED MAXIMUM COST OF $120,000. 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 Water Supply Serial Bonds of said City in the principal amount of One Hundred Twenty Thousand Dollars ($120,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction and reconstruction of the City's water distribution facilities, including the replacement of watermains in the area around Kensington Expressway. 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 $120,000 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 Water, "Replacement of Watermains across Kensington Expressway 1990-91," Bond Authorization Account No. 415-980-070, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Local Finance Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 2 8 , 1991 LAlD ON THE TABLE. No.198 BY: MR. COLLINS: BOND RESOLUTION $250,000 SERIAL BONDS REPLACEMENT OF WATERMAINS ALONG GENESEE STREET (PHASE II) ACCOUNT 415-980-071 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAINS ALONG GENESEE STREET (PHASE II), 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 Water Supply 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 the construction and reconstruction of the City's water distribution facilities including the replacement and partial reconstruction of watermains along 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, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Water, "Rehabilitation of Watermains-Genesee Street (phase II) 1990-91," Bond Authorization Account No. 415-980-071, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28,1991 LAID ON THE TABLE. No.199 BY: MR. COLLINS: BOND RESOLUTION $400,000 SERIAL BONDS REPLACEMENT OF WATERMAINS ALONG GIBSON STREET ACCOUNT 415-980-067 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $400,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAINS ALONG GIBSON STREET, AT THE ESTIMATED MAXIMUM COST OF $400,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Water Supply Serial Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction and reconstruction of water distribution facilities, including the replacement of watermains along Gibson 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 $400,000 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 Water, "Replacement of Watermains on Gibson Street 1990-91," Bond Authorization Account No. 415-980-067, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of 'validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE. No.200 BY: MR. COLLINS: BOND RESOLUTION $1,000,000 SERIAL BONDS WATERMAIN REPLACEMENTS ALONG VARIOUS STREETS BETWEEN GROTE AND AMHERST STREETS ACCOUNT 415-980-069 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,000,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF WATERMAIN REPLACEMENTS ALONG VARIOUS STREETS BETWEEN GR0TE AND AMHERST STREETS, AT THE ESTIMATED MAXIMUM COST OF $1,000,000. 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 Water Supply Serial Bonds of said City in the principal amount of One Million Dollars ($1,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of construction and reconstruction of the City's water distribution Facilities including the replacement of watermains along various streets between Grote and Amherst Streets. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,000,000 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, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Water, "Replacement of Watermains-Grote & Amherst Streets 1990-91," Bond Authorization Account No. 415-980-069, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28 1991 LAID ON THE TABLE No.201 BY: MR. COLLINS: BOND RESOLUTION $1,500,000 SERIAL BONDS REPLACEMENT OF VARIOUS WATERMAINS IN THE CITY ACCOUNT 415-980-066 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,500,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF VARIOUS WATERMAINS IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $1,500,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Water Supply Serial Bonds of said City in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of construction and partial reconstruction of the City's water distribution facilities including the replacement of various watermains. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,500,000 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 Water, "Replacement of Various Watermains 1990-91," Bond Authorization Account No. 415-980-066, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28 1991 LAID ON THE TABLE No.202 BY: MR. COLLINS: BOND RESOLUTION $1,600,000 SERIAL BONDS WATERMAIN REPLACEMENT IN THE AREA OF AMHERST STREET AND LINDEN AVENUE ACCOUNT 415-980-065 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,600,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF WATERMAIN REPLACEMENT IN THE AREA OF AMHERST STREET AND LINDEN AVENUE, AT THE ESTIMATED MAXIMUM COST OF $1,600,000. 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 General Improvement Water Supply Serial Bonds of said City in the principal amount of One Million Six Hundred Thousand Dollars ($1,600,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction and partial reconstruction of the City's water distribution facilities, including the replacement and installation of watermains in the area of Amherst Street and Linden Avenue. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,600,000 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, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Water, "Replacement of Watermains at Amherst & Linden 1990-91," Bond Authorization Account No. 415-980-065, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No.203 BY: MR. COLLINS: BOND RESOLUTION $1,750,000 SERIAL BONDS THE REPLACEMENT OF TRANSMISSION WATERMAINS AT PORTER AVENUE ACCOUNT 415-980-072 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,750,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE REPLACEMENT OF TRANSMISSION WATERMAINS AT PORTER AVENUE, AT THE ESTIMATED MAXIMUM COST OF $1,750,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 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 Water Supply Serial Bonds of said City in the principal amount of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the cost of construction and reconstruction of the City's water distribution Facilities including the replacement of transmission watermains along Porter Avenue. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,750,000 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 Water, "Replacement of Transmission Watermains - Porter Avenue 1990-91," Bond Authorization Account No. 415-980-072, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 1. of the Local Finance Law, is forty (40) 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. 3. (a) of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE. No.204 BY: MR. COLLINS: BOND RESOLUTION $15,000 SERIAL BONDS THE IMPROVEMENT AND EMBELLISHMENT OF THE FUTURES ACADEMY PLAYGROUND IN THE CITY ACCOUNT 200-601-037 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $15,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE IMPROVEMENT AND EMBELLISHMENT OF THE FUTURES ACADEMY PLAYGROUND IN THE CITY , AT THE ESTIMATED MAXIMUM COST OF $15,000. 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 Fifteen Thousand Dollars ($15,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the improvement and embellishment of the Futures Academy Playground located adjacent to School 37 at 295 Carlton Street in the City. 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 Fifteen Thousand Dollars ($15,000) 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 Parks, Division of Parks, "Improvements to Futures Academy Playground 1990-91," Bond Authorization Account No. 200-601-037, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is fifteen (15) years , however, the maximum term of such bonds will not extend beyond seven-and-one-half (7-1/2) 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. 4 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE No.205 BY: MR. COLLINS: BOND RESOLUTION $20,000 SERIAL BONDS RECREATIONAL AREA IMPROVEMENTS TO THE SCHOOL 19 PLAYGROUND ACCOUNT 200-601-033 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $20,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF RECREATIONAL AREA IMPROVEMENTS TO THE SCHOOL 19 PLAYGROUND, AT THE ESTIMATED MAXIMUM COST OF $20,000. 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 Twenty Thousand Dollars ($20,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of recreational area improvements to the playground adjacent to School 19 situate on West Delavan Avenue in the City, including the rehabilitation of the playground equipment and facilities. 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 $20,000 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 Parks, Division of Parks, "Improvements to School 19 Playground 1990-91," Bond Authorization Account No. 200-601-033, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is fifteen (15) years , however the proposed maturity of the bonds shall not extend beyond seven-and-one-half (7 1/2) 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. 4 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE No.206 BY: MR. COLLINS: BOND RESOLUTION $20,000 SERIAL BONDS RECONSTRUCTION OF SIDEWALKS LOCATED IN ELLIC0TT DISTRICT IN THE CITY ACCOUNT 200-717-097 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $20,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF RECONSTRUCTION OF SIDEWALKS LOCATED IN ELLICOTT DISTRICT IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $20,000. 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 Twenty Thousand Dollars ($20,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of reconstruction and replacement of sidewalks in Ellicott District in the City. 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 $20,000 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 Community Development, Division of Development, "Replacement of Ellicott District Sidewalks 1990-91," Bond Authorization Account No. 200-717-097, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 24 of the Local Finance Law, is ten (10) years, however, the proposed maximum maturity of the bonds shall not (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. 4 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No.207 BY: MR. COLLINS: BOND RESOLUTION $30,000 SERIAL BONDS THE RECONSTRUCTION OF THE C.R.U.C.I.A.L. BUILDING ACCOUNT 200-717-071 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $30,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE PROVISION OF $5,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF THE RECONSTRUCTION OF THE CITY OWNED BUILDING LOCATED AT 1609 GENESEE STREET, AT THE ESTIMATED MAXIMUM COST OF $35,000. 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 Thirty Thousand Dollars ($30,000), 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 the reconstruction of the City owned building located at 1609 Genesee Street, leased to C.R.U.C.I.A.L. in order to provide a multi-purpose community facility, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose 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 $35,000 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, "C.R.U.C.I.A.L. Building Reconstruction 1990-91," Bond Authorization Account No. 200-717-071, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. 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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 No.208 BY: MR. COLLINS: BOND RESOLUTION $35,000 SERIAL BONDS STREET LIGHT IMPROVEMENTS IN THE ELLIC0TT DISTRICT ACCOUNT 200-401-099 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $35,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE PROVISION OF $5,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF STREET LIGHT IMPROVEMENTS IN THE ELLICOTT DISTRICT, AT THE ESTIMATED MAXIMUM COST OF $40,000. 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 Thirty-Five Thousand Dollars ($35,000), 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 street light improvements in the Ellicott District. 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 $40,000 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 Engineering, "Ellicott District Lighting 1990-91," Bond Authorization Account No. 200-401-099, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 35 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. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAlD ON THE TABLE No.209 BY:MR. COLLINS: BOND RESOLUTION 45,000 SERIAL BONDS CONSTRUCTION OF A NEW CAFETERIA AT SCHOOL #74 ACCOUNT 200-970-074 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $45,000 SCHOOL SERIAL BONDS OF SAID CITY IN ADDITION TO $395,000 SERIAL BONDS HERETOFORE AUTHORIZED, AND THE PROVISION OF $5,000 CURRENT FUNDS AS A DOWN PAYMENT IN ADDITION TO $25,000 CURRENT FUNDS HERETOFORE APPROPRIATED, TO FINANCE THE COST OF THE CONSTRUCTION OF AN ADDITION TO AND PARTIAL RECONSTRUCTION OF SCHOOL #74, AT THE ESTIMATED MAXIMUM COST OF $470,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Serial Bonds of said City in the principal amount of Forty-Five Thousand Dollars ($45,000) in addition to $395,000 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 Five Thousand Dollars ($5,000), in addition to $25,000 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 #74 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 $470,000 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 #74 1990-1991," Bond Authorization Account No. 200-970-074, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. 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 $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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which-the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No. 210 BY MR. COLLINS BOND RESOLUTION $60,000 SERIAL BONDS IMPROVEMENTS OF THE AREA SURROUNDING THE KLEINHANS MUSIC HALL ACCOUNT 200-402-074) BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $60,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE IMPROVEMENTS OF THE AREA SURROUNDING THE KLEINHANS MUSIC HALL IN THE CITY, 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 Sixty Thousand Dollars ($60,000), 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 improvement of the area surrounding the Kleinhans Music Hall Building in the City, including improvement and replacement of lights, sidewalks and 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 $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, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Kleinhans Music Hall 1990-91," Bond Authorization Account No. 200-402-074 and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 35 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. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28 1991 LAID ON THE TABLE No.211 BY: MR. COLLINS: BOND RESOLUTION $75,000 SERIAL BONDS PLANNING FOR THE SQUAW ISLAND REMEDIATION PROJECT ACCOUNT 200-717-089 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $75,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF PLANNING FOR THE SQUAW ISLAND REMEDIATION PROJECT, AT THE ESTIMATED MAXIMUM COST OF $75,000. 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 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"); to finance the cost of planning for the Squaw Island Remediation Project, including preliminary tests and studies for conversion of the existing landfill into a park. 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 $75,000 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 Community Development, Division of Development, "Squaw Island Remediation Project 1990-91," Bond Authorization Account No. 200-717-089, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 62 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. Section 5. Each Of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No.212 BY: MR. COLLINS: BOND RESOLUTION $95,000 SERIAL BONDS RECREATIONAL AREA IMPROVEMENTS TO THE BUFFALO ZOO ACCOUNT 200-402-070 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $95,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, THE PROVISION OF $5,000 CURRENT FUNDS AS A DOWN PAYMENT AND THE APPLICATION OF $250,000 EXPECTED TO BE RECEIVED FROM THE BUFFALO ZOOLOGICAL SOCIETY, TO FINANCE THE COST OF RECREATIONAL AREA IMPROVEMENTS TO THE BUFFALO ZOO, AT THE ESTIMATED MAXIMUM COST OF $350,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement 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"); to provide the sum of Five Thousand Dollars ($5,000) from current funds as a down payment, and to apply $250,000 expected to be received from the Buffalo Zoological Society; to finance the cost of recreational area improvements to the Buffalo Zoo, including the construction of a new Parkside Avenue entrance to the Zoo. 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 $350,000 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 New Entrance at Buffalo Zoo 1990-91," Bond Authorization Account No. 200-402-070, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 19(c) of the 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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE No.213 BY: MR. COLLINS : BOND RESOLUTION $110,000 GENERAL IMPROVEMENT SERIAL BONDS THE IMPROVEMENT AND EMBELLISHMENT OF VARIOUS PLAYGROUNDS IN THE CITY ACCOUNT 200-601-034 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $110,000 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 IMPROVEMENT AND EMBELLISHMENT OF FILLMORE DISTRICT PLAYGROUNDS, AT THE ESTIMATED MAXIMUM COST OF $120,000. 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 Ten Thousand Dollars ($110,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); and to provide the sum of Ten Thousand Dollars ($10,000) from current funds as a down payment to finance the cost of improvement and embellishment of various playgrounds in the City, including the restoration of equipment and grounds. 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 $120,000 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 Fillmore District Playgrounds 1990-91," Bond Authorization Account No. 200-601-034, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 19 (c) of the Local Finance (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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 2 8, 1991 LAID ON THE TABLE No.214 BY: MR. COLLINS: BOND RESOLUTION $135,000 SERIAL BONDS THE ACQUISITION AND IMPROVEMENT OF THE BUILDING LOCATED AT 1170 BROADWAY ACCOUNT 200-717-068 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $135,000 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 ACQUISITION AND IMPROVEMENT OF THE BUILDING LOCATED AT 1170 BROADWAY TO BE USED AS A COMMUNITY CENTER, AT THE ESTIMATED MAXIMUM COST OF $145,000. 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 Thirty-Five Thousand Dollars ($135,000), 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 the acquisition of the building located at 1170 Broadway in the City, including improvement of the site, original furnishings, equipment and apparatus required for the use of the building as a community service center. 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 $145,000 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, "Acquisition and Rehabilitation of 1170 Broadway Into Information Center 1990-91," Bond Authorization Account No. 200-717-068, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. 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) 11 (b) 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. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE No.215 BY: MR. COLLINS: BOND RESOLUTION $165,000 SERIAL BONDS THE INSTALLATION OF LIGHTING IN VARIOUS HISTORIC PARKS IN THE CITY ACCOUNT 200-401-098 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $165,000 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 INSTALLATION OF LIGHTING IN VARIOUS HISTORIC PARKS IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $175,000. 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 Sixty-Five Thousand Dollars ($165,000), 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 improvements in Parkside, Johnson Park, and Cazenovia Park including the installation of lighting. 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 $175,000 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 Engineering, "Installation of Historic Lighting in Various Parks 1990-91," Bond Authorization Account No. 200-401-098, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects Or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 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 $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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No.216 BY: MR. COLLINS: BOND RESOLUTION $210,000 SERIAL BONDS RECREATIONAL AREA IMPROVEMENTS TO THE BUFFALO RIVER AND SOUTH DISTRICT PARKS ACCOUNT 200-601-039 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $210,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE PROVISION OF $15,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF RECREATIONAL AREA IMPROVEMENTS TO THE BUFFALO RIVER AND SOUTH DISTRICT PARKS, AT THE ESTIMATED MAXIMUM COST OF $225,000. 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 Ten Thousand Dollars ($210,000), 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 recreational area improvements to the Buffalo River and South District Parks in the City. 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 $225,000 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 Parks, Division of Parks, "Improvements to Buffalo River and South District Parks 1990-91," Bond Authorization Account No. 200-601-039, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 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 $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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 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 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28 1991 LAID ON THE TABLE No.217 BY: MR. COLLINS: BOND RESOLUTION $190,000 SERIAL BONDS THE RECONSTRUCTION OF ST. MARY OF SORROWS CHURCH ACCOUNT 200-717-045 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $190,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, IN ADDITION TO THE $475,000 GENERAL IMPROVEMENT SERIAL BONDS HERETOFORE AUTHORIZED, THE APPLICATION OF STATE AND FEDERAL FUNDS IN THE AGGREGATE AMOUNT OF $728,000, PRIVATE FUNDS IN THE AGGREGATE AMOUNT OF $1,572,000, AND THE PROVISION OF $10,000 CURRENT FUNDS AS A DOWN PAYMENT, IN ADDITION TO THE $25,000 CURRENT FUNDS HERETOFORE APPROPRIATED, TO FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF A BUILDING KNOWN AS THE ST. MARY OF SORROWS CHURCH, HERETOFORE ACQUIRED BY THE CITY, TO PROVIDE A COMMUNITY CENTER, AT THE ESTIMATED MAXIMUM COST OF $3,000,000. 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 One Hundred Ninety Thousand Dollars ($190,000), in addition to the $475,000 General Improvement 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"); the application of State and federal funds in the aggregate amount of $728,000, private funds in the aggregate amount of $1,572,000; and to provide the sum of Ten Thousand Dollars ($10,000) in addition to the $25,000 current funds heretofore appropriated, from current funds, as a down payment to finance the cost of the partial reconstruction of a building, located at the northwest corner of the intersection of Genesee and Rich Street and known as the St. Mary of Sorrows Church, heretofore acquired by the City to provide a community oriented social, educational and cultural center. 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 $3,000,000 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 Community Development, Division of Development, "Reconstruction of St. Mary of Sorrows 1990-91," Bond Authorization Account No. 200-717-045, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. 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, however the proposed maturity of the bonds shall not extend beyond April 10, 2005. (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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No.218 BY: MR. COLLINS: BOND RESOLUTION $235,000 SERIAL BONDS PARTIAL RECONSTRUCTION OF THE FRUIT BELT COMMUNITY CENTER ACCOUNT 200-717-064 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 AND PARTIAL RECONSTRUCTION OF THE FRUIT BELT COMMUNITY CENTER IN THE CITY, 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 the construction and partial reconstruction of the Fruit Belt Community Center, including the rehabilitation and expansion of the existing facilities used for the provision of community services, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose 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 $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, "Reconstruction of Fruit Belt Community Center 1990-91," Bond Authorization Account No. 200-717-064, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. 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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE No.219 BY: MR. COLLINS: BOND RESOLUTION $285,000 SERIAL BONDS THE RECONSTRUCTION OF SIDEWALKS AND CURBS IN THE SOUTH AND NORTH DISTRICTS ACCOUNT 200-717-003 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $285,000 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 RECONSTRUCTION OF SIDEWALKS AND CURBS ON VARIOUS RIGHT OF WAYS IN THE SOUTH AND NORTH DISTRICTS, AT THE ESTIMATED MAXIMUM COST OF $300,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Eighty-Five Thousand Dollars ($285,000), 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 the reconstruction of sidewalks and curbs on various rights of ways in the South and North Districts. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000 as set forth in the duly adopted 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, "South and North Districts R.O.W. Improvements 1990-91," Bond Authorization Account No. 200-717-003, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 24 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 $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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: MAY 28, 1991 LAID ON THE TABLE No.220 BY: MR. COLLINS: BOND RESOLUTION $1,000,000 SERIAL BONDS RECONSTRUCTION OF KLEINHANS MUSIC HALL IN THE CITY ACCOUNT 200-402-068 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,000,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY AND THE PROVISION OF $60,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF PARTIAL RECONSTRUCTION OF KLEINHANS MUSIC HALL IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $1,060,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, HEN 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- 1991 Serial Bonds of said City in the principal amount of One Million Dollars ($1,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); and to provide the sum of Sixty Thousand Dollars ($60,000) from current funds as a down payment, to finance the cost of partial reconstruction of Kleinhans Music Hall in the City. The estimated maximum cost of said such reconstruction for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,060,000 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 Kleinhans Music Hall-1990-91," Bond Authorization Account No. 200-402-068, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. Current funds derived from the City's General Fund may be temporarily expended as an interim source of funding, to pay for the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, and any expenditures made on such interim basis will be reimbursed from the proceeds of taxable or tax-exempt bonds or bond anticipation notes issued pursuant to this resolution. Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to such reconstruction 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 $60,000 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 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of 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: May 28, 1991 LAID ON THE TABLE No.221 BY: MR. COLLINS TRANSFER PROPERTIES - BUELL STREET AND HUMBOLDT PARKWAY WHEREAS: The Common Council approved Item # 149, C.C.P. 5714/91, Women For Human Rights and Dignity, Inc., Transfer Properties, Buell Street and Humboldt Parkway; and WHEREAS: A specific price for transfer was not included in the approval; NOW, THEREFORE, BE IT RESOLVED: That this Common Council approves transfer of the following properties from the City of Buffalo to the Women for Human Rights and Dignity, Inc., for one dollar ($1.00): 8, ll, 29, and 31 Buell Street 544 and 546 Humboldt Parkway. PASSED AYES-13 NOES-0. No.222 BY: MR. COPPOLA INCREASE FINES FOR SPEEDERS WHEREAS: There are numerous road construction projects in the City of Buffalo this summer; and WHEREAS: Caution signs and lower speed limits are generally posted at these work sites; and WHEREAS: Frequently, motorists do not obey the caution signs and lower speed limits creating very dangerous conditions. NOW THEREFORE LET IT BE RESOLVED THAT This Common Council requests that the State of New York change the existing fines for speeders, and specifically double the amount, for those cited for speeding in construction areas where proper signage has been posted. The intent of this legislation is that drivers of vehicles will more effectively respond to posted regulations in those areas. ADOPTED No.223 BY: MR. COPPOLA REQUEST BSA ASSISTANCE FOR BUDGET DEFICIT WHEREAS: The City of Buffalo is facing severe financial difficulty in the coming budget year; and WHEREAS: Even though a tax increase is proposed, the city is still facing a substantial deficit; and WHEREAS: The Buffalo Sewer Authority has proposed a rate increase of almost 9% for the fiscal year 1991-92, on top of a l0% increase last year, even though it projects a surplus again this year; and WHEREAS: The Buffalo Sewer Authority projects a cash surplus of over $2.1 million, with interest on investments in the amount of $1.9 million; and WHEREAS: There are also unexpended resources from the BSA's Construction Fund Budget for 1991-92 in the amount of over $5.8 million; and WHEREAS: If these funds are in surplus accounts, it would benefit the entire City of Buffalo if the Buffalo Sewer Authority loaned these funds to the city to help relieve the immediate financial difficulty. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Buffalo Sewer Authority loan its surplus funds to the City of Buffalo to help relieve the immediate financial difficulties it is facing in the near future. BE IT FURTHER RESOLVED THAT The President and Majority Leader of the Common Council call a special meeting with the administration and the Buffalo Sewer Authority as soon as possible to expedite this loan. ADOPTED. No.224 BY: MR. COPPOLA COPPOLA #2 PLAN] CITY OF BUFFALO LOCAL LAW NO ________ (1991) INTRODUCTORY NO. 14 (1991) A LOCAL LAW amending Section 5 of Article l of the Charter of the City of Buffalo relating to Council Districts. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section l. That Section 5 of Article l of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as set forth in the attached Schedule "A": Section 2. This local law shall take effect immediately. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL Mr. Fahey moved to receive and file the above item. Seconded by Mr. Bakos. Mr. Coppola moved to amend the motion to send the item to the Committee on Legislation. Seconded by Mr. Pitts. LOST AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS 6 NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7. Mr. Fahey now moved his original motion to receive and file the item. ADOPTED. AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7 NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS-6 No.225 BY: MR. FAHEY ORDINANCE AMENDMENT CHAPTER 511, SECTION 68.1 HAMLIN PARK OVERLAY REVIEW DISTRICT The Common Council of the City of Buffalo does hereby ordain as follows: That subsection (B) of Section 68.1 of Chapter 511 be amended to read as follows: 511-68.1. Hamlin Park Overlay Review District. B. Limits. The Hamlin Park overlay Review District shall comprise the following area: all properties within the area beginning at a point in the centerline of Humboldt Parkway with the centerline of Loring Avenue, thence southeasterly and southerly along the centerline of Humboldt Parkway to East Utica Street; thence westerly along the centerline of East Utica Street to a Point in the centerline of the intersection of Jefferson Avenue with East Utica Street; thence northerly along the centerline of Jefferson Avenue to a point in the centerline of the intersection of Jefferson Avenue with Hughes Avenue; thence easterly along the centerline of Hughes Avenue to a point in the centerline of the intersection of Hughes Avenue with Meech Avenue; thence northerly along the centerline of Meech Avenue to its intersection with the northerly line of Loring Avenue; thence easterly and along the northerly line of Loring Avenue about 45 feet, to the east line of subdivision lot 93, Cover 724, thence northerly and along the easterly line of subdivision lot 93 to the north line of Farm Lot 40; thence westerly and along the north line of Farm Lot 40 about 80 feet to the east line of subdivision lot 32, Cover 427; thence northerly and along the easterly line of subdivision lot 32 and its extension to the centerline of Eastwood Place; thence westerly and along the centerline of Eastwood Place to its intersection with the southerly extension of the easterly line of subdivision lot 4, Cover 427; thence northerly and along the easterly line of subdivision lot 4 and its southerly extension to the northeast corner of said subdivision lot 4; thence westerly and along the northerly line of subdivision lot 4 to its intersection with a line drawn at right angles to Eastwood Place and through the angle point in the southerly line of Glendale Place; thence northerly and along the last above described line to its intersection with the northerly line of Glendale Place; thence westerly and along the northerly line of Glendale Place to a point 63.65 feet east of the southeasterly line of Main St. as measured along the northerly line of Glendale Place; thence northerly and along a straight line drawn to a point of intersection with a line drawn parallel to Kensington Avenue and through a point in the southeasterly line of Main Street 39.43 feet northeast of the north line of Glendale Place, as measured along the southeasterly line of Main Street, said point of intersection being 43.83 feet east of the southeasterly line of Main Street as measured parallel to Kensington Avenue; continuing thence easterly and parallel to Kensington Avenue 180.87 feet; thence northerly and at right angles to the last described line 33.87 feet; thence easterly and parallel to Kensington Avenue to its intersection with the centerline of Humboldt Parkway; thence southeasterly along the centerline of Humboldt Parkway to the point of beginning. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, HAMLIN PARK TAXPAYERS ASSOCIATION AND CANISIUS COLLEGE. No.226 BY: MESSRS. FAHEY AND BELL Require Equal Share from Buffalo Sabres for Arena Development WHEREAS: The proposed city budget for Fiscal Year 1991-92 does not include funds for planning and construction of a new arena; and WHEREAS: In order to prepare a budget that includes an allocation for an arena, a financial commitment from the Buffalo Sabres is essential; and WHEREAS: While the Sabres have indicated a willingness to share in the cost of arena development, specific amounts have not been determined; and WHEREAS: Elected officials on all levels of city government have indicated that budget preparation for Fiscal Year 1991-92 is the most difficult in years; and WHEREAS: To realistically expect government to move forward on development of a new arena, a commitment by the Sabres to contribute 50% of planning and construction costs is not an unreasonable request; and WHEREAS: Because of budget related time constraints, a commitment from the Sabres to provide funding is needed as soon as possible. NOW, THEREFORE, BE IT RESOLVED: That this Common Council formally requests that the Buffalo Sabres commit to contributing 50% of the planning and construction costs for a new arena; and BE IT FURTHER RESOLVED: That this Honorable Body requests that the Sabres respond to this request prior to June 4, 1991, in order that the city may take appropriate action in preparing the 1991-92 Budget. REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE AND THE BUFFALO SABRES No.227 BY:MESSRS. FAHEY AND COPPOLA INVESTIGATE POSSIBLE DEVELOPMENT OF VACANT SAMPLE STORE WHEREAS: The Sample Inc. was founded in 1929 by Anne Bunis, who began by selling salesman's samples from the front parlor of her home; and WHEREAS: At its peak, there were fourteen stores in Buffalo and Rochester with $24,000,000 in sales and employing 700 people; and WHEREAS: The flagship location at 1631 Hertel Avenue grew to 56,000 square feet and did over $4,000,000 in sales from men's, women's, and children's merchandise; and WHEREAS: The recent loss of The Sample as a functioning participant in the life of the Hertel Avenue business district is a disappointment to the whole North Buffalo community; and WHEREAS: The vacant buildings at 1631 Hertel Avenue have a negative effect on an otherwise vibrant and successful neighborhood and business community; and WHEREAS: The arrangement of buildings at 1631 Hertel Avenue consist of former houses and a l948-vintage cement/ steel building that are well maintained and located in a high-quality, densely-populated residential neighborhood that is one of the best in Buffalo; and WHEREAS: The property has 363' frontage on Hertel and 150' depth, three separate parking lots with the capacity for 100-125 cars, an automatic passenger elevator, full heating and air conditioning, and a full sprinkler system and flood alarms; and WHEREAS: The potential of the buildings at 1631 Hertel Avenue is now underutilized and time is of the essence. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Community Development look into the kind of funding that might be available both publicly or through ancillary agencies to develop the former Sample location into a senior citizen/retail complex similar to the Elmwood Square at Elmwood and West Utica; and BE IT FURTHER RESOLVED THAT While it is important to be sensitive to the fact that The Sample complex should remain on the tax rolls, the Department of Community Development should develop a plan for funding a senior citizen/retail complex without inclusion in future city budgets; and BE IT FINALLY RESOLVED THAT The Department of Community Development report back to this Common Council the cost options of such a project including proposals that include a for-profit development and a not-for-profit development, or a combination of the two options. ADOPTED No.228 BY:MESSRS. FAHEY, COPPOLA AND COLLINS SCHEDULE FOR REPORTS FROM NIAGARA MOHAWK ON DEWEY AVENUE PCB FACILITY WHEREAS: The City of Buffalo and the No PCB Task Force have successfully challenged Niagara Mohawk's application to operate a PCB waste handling facility at its Dewey Avenue Service Center; and WHEREAS: As a result, Niagara Mohawk must begin the closure, decommissioning and decontamination of its hazardous waste storage facility by November 20, 1992; and WHEREAS: Part of the agreement which was reached between the City and Niagara Mohawk calls for the utility to file semi-annual reports with the Common Council detailing progress in the removal of PCBs from the company's system; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby requests biannual reports from Niagara Mohawk to be filed with the City Clerk by the following dates: November 20, 1991; May 20, 1992; November 20, 1992 and May 20, 1993 with the May, 1993 report detailing closure, decommissioning and decontamination at the facility; and BE IT FURTHER RESOLVED THAT: If closure, decommissioning and decontamination are not completed in time for the May, 1993 report, further semi-annual reports will be expected on November 20, 1993 and every sIx months thereafter until these procedures are completed; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to the Niagara Mohawk Power Corporation and to the NYS Department of Environmental Conservation. ADOPTED. No.229 BY: MR. FRANCZYK CRIME WATCH SIGNS WYOMING/MOSELLE WHEREAS: The residents of the Wyoming and Moselle streets have become quite concerned about the crime rate in their neighborhood. They have been meeting to determine ways of deterring crime, and WHEREAS: This club has been meeting on a regular basis and has expressed an interest in joining the Crime Watch Program, and WHEREAS: Residents of this block club have submitted a petition to the Common Council to demonstrate their desire to participate. N0W THEREFORE BE IT RESOLVED THAT: The Common Council approves the entry of Wyoming and MOSELLE Streets in the City of Buffalo Crime Watch Program. BE IT FURTHER RESOLVED THAT: The Common Council requests the Police Department to work with this Neighborhood Block Club and that appropriate signs PASSED AYES-13 NOES-0. No.230 BY: MR. HIGGINS INVESTIGATE POSSIBLE CONFLICT OF INTEREST WHEREAS: on December 5, 1989, Attorney Henry E. Wyman representing a private client filed a claim against the city of Buffalo seeking $2,000,000. in damages challenging a City zoning ordinance commonly referred to as the Buffalo River Open Space corridor; and, WHEREAS: At the time said claim was on file with the City Law Department, Stuart Alexander and Associates was under contract with the City of Buffalo to consult with the Council President and Common Council on zoning amendments pending before the council; and, WHEREAS: It is alleged that Attorney Henry E. Wyman has a legal and/or financial relationship with Stuart Alexander and Associates to provide services under said contract. NOW THEREFORE BE IT RESOLVED: Stuart Alexander file in writing with this Common Council a disclosure as to whether or not a legal and/or financial relationship exists between Stuart Alexander and Associates and Attorney Henry E. Wyman, past or present; and, BE IT FURTHER RESOLVED: Said disclosure along with all contracts between any agent of the city of Buffalo and Stuart Alexander and Associates be sent to the City Law Department and the City Board of Ethics for review and comment. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE BOARD OF ETHICS No.231 BY: MESSRS. HIGGINS AND PERLA PRESSING FOR ACTION ON HAZARDOUS WASTE SITES WHEREAS: This Common Council is currently attempting to insure that the Lehigh Valley Railroad Hazardous Waste Site (NYSDEC SITE CODE 915071) is promptly cleaned up and restored to an environmentally safe state; and WHEREAS: According to the NYS Department of Environmental Conservation, "relatively high concentrations of heavy metals" have been found on site along with lower concentrations of PCBs, PAHs and other organic chemicals, and the DEC has noted that access to the site from surrounding properties is unrestricted; and WHEREAS: The Lehigh Valley Railroad, and its parent company the Penn Central Railroad, appear to be acting the role of a rapacious corporate citizen to the hilt - profiting from years of operating in Western New York while despoiling the land, then abandoning it, failing to secure the area and defaulting on their obligation to pay taxes on their property since 1984; and WHEREAS: There is a danger that this property may fall into unsuspecting hands or be dumped into the city's lap because of the Lehigh Railroad's refusal to pay taxes on this property; and WHEREAS: Because of its proximity to the Outer Harbor and the Buffalo River, this land is an important element of local plans for waterfront revitalization; and WHEREAS: This property was first identified as a potential hazardous waste site by the County of Erie in 1984; and WHEREAS: In the ensuing seven years the NYS DEC has studied this property, completed a Phase II investigation of it, taken further tests, and is now considering changing its classification from "2a" (inadequate data) to a more conclusive status which would allow cleanup negotiations to begin; and WHEREAS: The problems associated with this site illustrate the need for Buffalo's corporate community to take responsibility for the environmental impacts of their actions as well as for this Council to impress upon the NYS DEC the importance of getting hazardous waste sites cleaned up quickly and decisively; Now, THEREFORE BE IT RESOLVED THAT: This Common Council requests representatives of the Lehigh valley Railroad and the NYS DEC to attend the June 4, 1991 meeting of the Committee on Finance in order to bring the Common Council up to date on their actions and intentions relative to this site; and BE IT FURTHER RESOLVED THAT: A Task Force on Hazardous Waste Sites be empaneled to improve communications between NY State agencies and the City of Buffalo regarding Buffalo's 36 hazardous waste sites; and BE IT FURTHER RESOLVED THAT: This Task Force shall include representatives of the NY Secretary of State, the NYS Attorney General, the NYS Department of Environmental Conservation, the NYS Department of Health, the Buffalo Environmental Management Commission, the Corporation Counsel, the Departments of Public Works and Community Development, and three members of this Common Council; and BE IT FURTHER RESOLVED THAT: This Task Force shall meet at least quarterly and will serve as a communication channel on the issues surrounding the cleanup of Buffalo's hazardous waste sites; and BE IT FINALLY RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to the agencies listed above along with a request that they each submit the name of their representative for this panel to the City Clerk by 2:00 PM, Thursday, June 20, 1991 ADOPTED No.232 BY: MRS. LOTEMPIO PROVIDE OFFICE SPACE FOR PRIVATE INDUSTRY COUNCIL WHEREAS: A fire at 699 Main Street has left the Private Industry Council without office space; and WHEREAS: While the total extent of damages is not yet determined, the PlC is in immediate need of a base of operation; and WHEREAS: Timely relocation of PlC's offices is essential, as the placement of youth in summer employment opportunities is an integral and valuable component of the PlC's services; and WHEREAS; This Common Council recognizes the important role of the PlC in Buffalo and Erie County; NOW, THEREFORE BE IT RESOLVED: That this Common Council requests the Department of Public Works, Division of Buildings, to identify any available office space in city-owned properties that may be suitable for use by the Private Industry Council; and BE IT FURTHER RESOLVED: That this Common Council authorizes the Director of Buildings to take action to offer use of such suitable space, at a fair rate of compensation, to the Private Industry Council. ADOPTED No.233 BY:MESSRS. PERLA, RUTECKI AND FRANCZYK ORDINANCE AMENDMENT SECTION 18 OF CHAPTER 96 USE OF RECYCLED PAPER The Common Council of the City of Buffalo does hereby ordain as follows: That a new Section 18 of Chapter 96 be added to the Ordinances of the City of Buffalo, to read as follows: CHAPTER 96 USE OF RECYCLED PAPER 96-l8. The specifications section of all bid packages and solicitations of bids for the purchase of paper and paper products for use by the City of Buffalo shall include the specification that the paper to be supplied in response to the solicitation for bids be made from a minimum of ten (10) percent post-consumer recycled fibers, and a total of fifty (50) percent recycled fibers. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that immediate passage of this ordinance is necessary. REFERRED TO THE COMMlTTEE ON LEGlSLATlON. No.234 BY: MESSRS. PERLA AND RUTECKI EXPANDING MAKE-UP OF BOARD OF DIRECTORS -KLEINHANS MUSIC HALL MANAGEMENT, INC. WHEREAS: The Board of Directors of the Kleinhans Music Hall Management, Inc. has expressed its desire to heighten communication with residents living in the Kleinhans neighborhood and with the Buffalo Philharmonic Orchestra, its primary tenant; and WHEREAS: There is no doubt that Kleinhans Music Hall, by its presence and operation, impacts heavily on the area, and residents should be represented on matters that affect the Music Hall and their neighborhood; and WHEREAS: Likewise, as the major tenant of Kleinhans, the Board of Directors of the Buffalo Philharmonic Orchestra Society, Inc. should be afforded the opportunity to articulate its concerns about Kleinhans Music Hall in a more direct manner; and WHEREAS: The best way to ensure that lines of communication between Kleinhans, the neighborhood residents, and the BPO would improve is to expand the make-up of the Kleinhans Board of Directors to include representation from the community and the orchestra; NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo requests that the Board of Directors of Kleinhans Music Hall Management, Inc. amends its By-Laws to provide for the expansion of its board membership by two (2) members, one of whom would be appointed by the District Councilmember whose district includes Kleinhans Music Hall, and the other to be appointed by the Board of Directors of the Buffalo Philharmonic Orchestra Society, Inc. REFERRED TO THE COMMITTEE ON FINANCE AND KLEINHANS MUSIC HALL MGMT. CORP. No.235 BY: MR. PITTS ERECT FRIENDSHIP FESTIVAL BANNERS AND FLAGS WHEREAS: Friendship Festival '91 respectfully requests permission to install five (5) street banners and eighty-six (86) American and Canadian flags promoting the festival in the City of Buffalo and Fort Erie. These banners and flags will be installed by a professional installer on June 10 thru June 14, and will be removed July 5 thru July 12; and WHEREAS: The 4ft. x 15tt. banners will be constructed to comply with the City requirement and will contain only the Friendship Festival logo and dates; and WHEREAS: The 3ft. x 5ft. American and Canadian flags will be mounted onto light poles using electric-way bands and brackets. American/Canadian flags will hang every other pole; and WHEREAS: The Friendship Festival will carry appropriate insurance as required by the City; and WHEREAS: The following locations will be utilized for banners: Delaware & North Niagara & Connecticut Elmwood & Forest Eastside of Niagara Square Pearl Street Bridge; and WHEREAS: The following locations will be utilized for flags: Delaware between North & Niagara Square LaSalle Park Niagara Square Inner Circle. NOW THEREFORE BE IT RESOLVED THAT: The Friendship Festival be granted permission to erect banners and place flags at the forementioned locations, for the period of June 10 thru June 14, 1991 upon satisfaction of conditions set forth by the Department of Public Works. PASSED AYES-13 NOES-0. No.236 BY: MR. PITTS CRIME WATCH - MARYLAND, TENTH STREET BLOCK CLUB WHEREAS: The Maryland, Tenth Street Block Club has been working diligently to stem the wave of crime in their neighborhood. Their efforts generated the reknowned and successful Maryland Street detail of the Buffalo Police Department, and WHEREAS: The Block Club wishes to initiate a Crime Watch Program. This program is administered under the Police Community Council, and WHEREAS: The Block Club has the requisite number of signatures which have been filed with the City Clerk and Buffalo Police Department. NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the establishment of a Crime Watch neighborhood in the Maryland, Tenth Street area. BE IT FURTHER RESOLVED THAT: The Common Council requests the Buffalo Police Department to provide appropriate signs, etc. PASSED AYES-13 NOES-0. No.237 BY: MR. PITTS SUPPORT FOR THE FRIENDSHIP BUTTON PROGRAM WHEREAS: The Friendship Festival '91 will operate Fri - day, June 28 thru Thursday, July 4, to celebrate what the Guiness Book lists as the worlds largest Birthday Party, and WHEREAS: Each year the Festival gets bigger and better, and each year the celebration costs more to operate and promote, and WHEREAS: The Friendship Button Program was designed to create a revenue stream from festival goers thereby reducing the Festival's dependency on corporate contributions, and WHEREAS: The button distribution will be from several sites such as; Tops, Bel Is and McDonald's, and will sell for $3.00 retail outlets and $4.00 at LaSalle Park. All festival media sponsors will promote the festival buttons, and WHEREAS: Friendship Festival will operate three access points at LaSalle Park, these access points will be attractively tented and secured. NOW THEREFORE BE IT RESOLVED THAT: The Common Council give its full support to this program and wish the Friendship Festival unparalleled success with the Festival and Button Programs. ADOPTED. No.238 BY: MR. PITTS PITTS COMPROMISE] CITY OF BUFFALO LOCAL LAW NO _________ (1991) INTRODUCTORY NO.15(1991) A LOCAL LAW amending Section $ of Article 1 of the Charter of the City of Buffalo relating to Council Districts. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section l. That Section 5 of Article l of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as set forth in the attached Schedule A: Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Mr. Fahey moved to receive and file the above item. Seconded by Mr. Higgins. Mr. Pitts moved to amend the above motion to refer the item to the Committee on Legislation. LOST AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS- 6 NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7. Mr. Fahey now moved his original motion to receive and file the item. ADOPTED AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-7 NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS-6. No.239 BY :MR. PITTS LOSS OF CITY JOBS - NEW YORK TELEPHONE WHEREAS: New York Telephone is currently considering the movement of 120 jobs out of its Franklin Street building to suburban locations. These jobs are with the Directory and Operators Services Division (R.I.O.), and WHEREAS: New York Telephone is considering this move in order to accommodate the upgrading of its computers and services in the R.I.O. Division. They have also proposed to close an office in Lockport, New York, and WHEREAS: While the upgrading of the Operators Division is accepted, it is not accepted that moving the 120 job$ outside of the City of Buffalo is necessary! New York Telephone has a number of alternate locations within the City which could accommodate the R.I.O. Division, and WHEREAS: Local 1112 Communication's Workers of America has encouraged New York Telephone to relocate the Operators Division at property owned at South Park and Tifft Streets. This location has adequate parking and space to create modern facilities, and WHEREAS: By relocating at South Park and Tifft Streets, New York Telephone would keep the jobs and the economic impact they have in the City. Additionally, the majority of the employees, many of whom do not drive, would avoid hardships in trying to reach suburban locations and in some cases having to move themselves. NOW THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo requests New York Telephone to keep the Directory and Operators Services Division within the City of Buffalo. BE IT FURTHER RESOLVED THAT: The Common Council supports Local 1112 C.W.A. 's position that New York Telephone consider relocating the offices at South Park and Tifft Streets. ADOPTED No.240 BY MR. PITTS Discharge the Committee on Legislation Notification Serials Nos. 8l84-85 (Item No. 39, C.C.P., April 10, 1991) Whereas, the above item is before the Committee on Legislation; and Whereas, It is no longer necessary for this item be be considered by that Committee; Now, Therefore, Be It Resolved, that this Common Council does herby Discharge the Committee on Legislation from further consideration of the said item, and said item is now before the Council. CARRIED Mr Pitts now moved to deny notification serial Nos. 8184 and 8185. ADOPTED No.241 BY: MR. RUTECKI ORDINANCE AMENDMENT CHAPTER 309 SECTION 31 DESIGNATION OF PARK APPROACHES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 31 of Chapter 309 be amended to read as follows: 309-31 Designation of park approaches. Aldrich Avenue between McKinley Parkway and South Park Avenue, South Park Avenue between the city line and Downing Street, Downing Street between South Park Avenue and McKinley Parkway, Abbott Road between McKinley Parkway and Lee Street, Lee Street between Abbott Road and Elk Street, Elk Street between Lee Street and Peabody Street, Peabody Street between Elk Street and Seneca Street, Seneca Street between Peabody Street and Smith Street, Smith Street between Seneca Street and Fillmore Avenue, Fillmore Avenue between Smith Street and Humboldt Park, Amherst Street between Colvin Avenue and Elmwood Avenue, Elmwood Avenue between Amherst Street and Hertel Avenue, Hertel Avenue from Elmwood Avenue to Niagara Street, Niagara Street from Hertel Avenue to Riverside Park, and Nottingham Terrace between Elmwood Avenue and Delaware Park, and Forest Avenue from Rees Street to Lincoln Parkway are hereby designated as park approaches and a part of the park system of the City of Buffalo. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that immediate passage of the foregoing Ordinance is necessary. APPROVED AS TO FORM R. PETER MORROW ACTING CORPORATION COUNSEL NOTE: New material is underlined. PASSED AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-12 NOES- AMOS-1. No.242 BY: MR. RUTECKI RE: CONTRACT TO OPERATE PUBLIC ACCESS CENTER WHEREAS: This Honorable Body has authorized the Corporation Counsel to negotiate an agreement to operate a public access center with Buffalo Community Television, Inc. (Ca. 174, February 5, 1991); and WHEREAS: The attached agreement has been drafted for presentation to the Common Council; NOW, THEREFORE BE IT RESOLVED: That the attached contract for the operation of a public access cable television center between the City of Buffalo and Buffalo Community Television, Inc. be approved, and that the Mayor be authorized to execute the agreement. REFERRED TO THE SPECIAL COMMITTEE ON CATV No.243 BY:MR. RUTECKI AUTHORIZE CONSOLIDATION OF VOTER REGISTRATION DAYS WHEREAS: On March 5, 1991 (C.C.P. 3/5/91 #199) this Common Council approved a resolution calling for a consolidation of Registration Days within the City of Buffalo, and; WHEREAS: The County Board of Elections, in a communication dated April 22, 1991, outlined a series of options that could save taxpayers anywhere from $141,515 to $261,965, and; WHEREAS: The current cost of providing four inspectors at each of the City's 487 Election Districts, $268,292, is not currently in the proposed 1991-92 budget and would have to be added by this Common Council in order to continue full Registration Days, and; WHEREAS: The cost to the City would be reduced to $6,327 if only one polling location per Council District was established for the two planned Registration Days, and WHEREAS: State law allowing mail-in registration has made in-person registration during Fall Registration Days unnecessary with the cost last year reaching $248 per registrant, and; WHEREAS: Buffalo is one of only a handful of municipalities which has not consolidated Voter Registration Days, THEREFORE BE IT RESOLVED: That this Common Council does hereby authorize the Erie County Board of Elections to consolidate Voter Registration Days to one location in each of the nine Council Districts, BE IT ]FURTHER RESOLVED: That the Erie County Board of Elections report to this Common Council the recommended location of each of these Consolidated Registration locations and the method through which staffing of these locations will be determined. PASSED AYES-AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, RUTECKI-8 NOES- ARTHUR, BELL, COLLINS, PERLA, PITTS-5. No.244 BY: MR. RUTECKI Felicitations and/or In Memoriams Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for AIDS Memorial Day By Councilmember Fahey 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.245 BY MR. RUTECKI Appointments Commissioners of Deeds Required for the Proper Performance Of Public Duties That the following persons are hereby appointed as Commissioner 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: Tracey D. Adams Michael J. Beeny Mark K. Catanzaro Joe D. Davis Robert B. Earl, Jr. John J. Fiorella Kelly S. Gonzales Robert M. Graber Mark G. Jaede Patricia A. Jaworowicz Inez A. Jones Cynthia Kraft Laurie A. Manzella Kevin C. Quick Jacqueline E. Rushton Anne Z. Rusin Roseann Scibilia Janet Sieckmann Christopher P. Walsh Regina E. Wilson Herman W. Woo ten TOTAL:21 ADOPTED. No.246 BY: MR. RUTECKI Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner 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: Susan C. Bell Jean L. Bilger Joan R. Bilger Michael W. Breen Angelo Cirasa David J. Czajka Paul D'Orlando Richard Ehrensberger William C. Falkowski, Jr. Annmarie Franczyk David M. Forward Michael D. Gigante John F. Glose Patricia Higgins Glose John H. Hall Diane J. Herrmann Daniel J. Higgins, Jr. Daniel J. Higgins, Sr. Mark Higgins Harold D. Hooper Joseph F. Kelly Kathleen M. Milbrand David M. Napora Donald Notaro James F. Notaro, Jr. Kathleen A. Palka Mark A. Pasternak Cheryl R. Pauly William A. Pauly Elizabeth J. Plonka Michael Snyder Michael R. Story Christopher VanVessem Albert Young II TOTAL: 34 ADOPTED No.247 ANNOUNCEMENT 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, MAY 28, 1991 9:30 AM FINANCE Tuesday, MAY 28, 1991 Immediately Following Civil Service LEGISLATION Tuesday, MAY 28, 1991 2:00 PM ECON. DEVELOPMENT . Wednesday, MAY 29, 1991, 10:00 AM ANCILLARY COMMITTEES SPECIAL CATV COMMITTEE Friday, June 7, 1991 10:00 AM Monday, June 10, 1991 6:00 PM No.248 Adjournment On motion by Mr. Fahey, Seconded by Mr. Franczyk the council adjourned at 4:15 P.M. Charles L. Michaux Ill City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter. Board of Police and Fire Pension Proceedings #5 Mayor's Office-20l City Hall May 31, 1991-11:00 am. Present: George K. Arthur, President of the Common Council; James D. Griffin, Mayor - 2 Absent: Joel A. Giambra, Comptroller - 1 The Journal of the last Meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 1991 amounting to $38,048.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 The following annuitants have been cancelled from the Fire Pension Payroll: None Received and Filed No. 3. I transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 1991 amounting to $50,184.92, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 4. The following annuitants have been cancelled from the Police Pension Payroll: Dolores Brach Died 5/10/91 Flora Shear Died 5/5/91 Emily Capelli Died 4/24/91 Received and Filed No. 5 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:08 A.M. COMMON COUNCIL CITY HALL, BUFFALO N.Y. SPECIAL SESSION May 31, 1991 at: 1:05 P.M. Present- David A. Franczyk, President Pro Tempore of the Council and Councilmembers: Bell, Collins, Coppola, Higgins, LoTempio, Perla, Rutecki. - 8. Absent- Councilmembers: Amos, Arthur, Bakos, Fahey, Pitts.- 5. No.1 Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 30, 1991, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 3l, 1991 at 1:00 PM. for the following purposes: (1) To discharge the Committee on Economic Development from further consideration of items related to discontinuance of parklands - Sullivan Park as follows: Item No. 210, C.C.P., 4/2/91 - Home Rule Message; Item No. 64, C.C.P., 4/16/91; Item No. 80, C.C.P., 4/16/91; Item No. 63, C.C.P., 5/14/91; (2) Approve Item No. 210, C.C.P., 4/2/91, Horne Rule Message - discontinue parklands - Sullivan Park; and (3) To receive and file the remaining items. RECEIVED AND FILED Hon. George K. Arthur President of the Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purposes: (l) To discharge the Committee on Economic Development from further consideration of items related to discontinuance of parklands - Sullivan Park as follows: Item No. 210, C.C.P., 4/2/91 - Home Rule Message; Item No. 64, C.C.P., 4/16/91; Item No. 80, C.C.P., 4/16/91; Item No. 63, C.C.P.., 5/14/91; (2) Approve Item No. 210, C.C.P., 4/2/91, Home Rule Message - discontinue parklands - Sullivan Park; and (3) To receive and file the remaining items. WE. Request that this Special Meeting be held on May 31, 1991 at 1:00 P.M. TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 30, 1991 the NON. GEORGE K. ARTHUR, president of the Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 3l, 1991 at 1:00 PM. for the following purposes: (l) To discharge the Committee on Economic Development from further consideration of items related to discontinuance of parklands - Sullivan Park as follows: Item No. 210, C.C.P., 4/2/91 - Home Rule Message; Item No. 64, C.C.P.., 4/16/91; Item No. 80, C.C.P., 4/16/91; Item No. 63, C.C.P., 5/14/91; (2) Approve Item No. 210, C.C. P., 4/2/91, Home Rule Message - discontinue parklands -Sullivan park; and (3) To receive and file the remaining items. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo each of the following named members of the Common Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID A. COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DAVID P. RUTECKI hereby states that he received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 31, 199 at 1:00 P.M.: STATE OF NEW YORK) COUNTY OF ERIE ) ss: CITY OF BUFFALO On this 30th day of May, 1991, before me, the subscribers, personally appeared Clifford Bell, Alfred T Coppola, David Franczyk, Rosemarie LoTempio, Eugene M. Fahey, David Collins, James Pitts, Norman Bakos, David Rutecki, Carl PerIa, Jr. to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Richard Okoniewski Commissioner of Deeds My Commission Expires 12/31/92 No. 2 BY MR. FAHEY Discharge Items from Economic Development Committee Item No. 210 C.C.P. 4/ 2/91 H.R.M. -Discontinue Parklands- Sidway Item No. 64 C.C.P. 4/16/91 - Discontinue parklands- Sidway (CC) Item No. SO C.C.P. 4/16/91 - Abandon lands used for Sullivan Park (ICR) Item No. 63 C.C.P. 5/14/91 - Discontinue parklands- Sidway (CD) Whereas: The above items are currently before the Special Committee on Economic Development, and Whereas: It is no longer necessary for these items to be considered by that Committee; Now, Therefore, Be it Resolved, that this Common Council does hereby Discharge the Economic Development Committee from further consideration of the above items, and said items are now before the Council. CARRIED. No. 3 Recess Mr. Rutecki moved to recess this meeting until 1:30 P.M.. Seconded by Mr. PerIa. CARRIED. No. 4 Reconvene The Special Session was called back into session at 1:32 P.M. with the same eight (8) Councilmembers in attendance. No 5 BY MR. FAHEY Approve Home Rule Message Item No. 210 C.C. P. 4/ 2/91 - H.R.M. -Discontinue Parklands-Sidway WHEREAS: Item No. 210, C.C.P. 4/2/91 - Home Rule Message - Discontinue parklands- Sidway is now before the Common Council THEREFORE BE IT RESOLVED: the above item be and hereby is approved. ADOPTED No. 6 BY MR. FAHEY Receive and file remaining discharged items Item No. 64 C.C.P. 4/16/91 Discontinue parklands- Sidway (CC) Item No. 80 C.C.P. 4/16/91 - Abandon lands used for Sullivan Park (ICR) Item No. 63 C.C.P. 5/14/91 - Discontinue parklands- Sidway (CD) WHEREAS: The above items are currently before the Common Council THEREFORE BE IT RESOLVED: that the above items are hereby Received and Filed. ADOPTED. No. 7 Adjournment At 1:35 P.M. Mr. Rutecki moved to adjourn. Seconded by Mr. Bell. Charles L. Michaux III , City Clerk COMMON COUNCIL CITY HALL, BUFFALO N.Y. SPECIAL SESSION May 31, 1991 at: 1:15 P.M. Present- David A. Franczyk, President Pro Tempore of the Council and Councilmembers: Bell, Collins, Coppola, Higgins, LoTempio, Perla, Pitts, Rutecki. - 8. Absent- Councilmembers: Amos, Arthur, Bakos, Fahey, Pitts.- 5. Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 30, 1991, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 3l, 1991 at 1:05 pin. for the following purposes: (l) To memorialize the State Legislature to abandon the proposal for a state football lottery. RECEIVED AND FILED Hon. George K. Arthur President of the Council 1315 City Hall Buffalo, New York Dear Sir: WE the undersigned, member' of the Common Council, [hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purposes: l) To memorialize the State legislature to abandon the proposal for a state football lottery. WE request that this Special Meeting be held on May 31, 1991 at 1:05 PM. TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 30, 1991 the HON. GEORGE K. ARTHUR, president the Council, has called a Special Meeting of the Common Council, to be held, the Council Chambers, City Hall, Buffalo, New York, on May 31, 1991 at 1:05 PM. for the following purposes: (1) To memorialize the State Legislature to abandon the proposal for a state football lottery. pursuant to Rule 2 of the Rules of Order of the Common Council of the C ity of Buffalo, each of the following named members of the Common Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID A. COLLINS ROSEMARIE leukemia ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DAVID P. RUTECKI hereby states that he received notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 3l, 1991 at 1:05 PM. and hereby waives 24 hours notice. CITY OF BUFFALO On this "31st day of May, 1991, before me, the subscribers, personally appeared: David Collins, David Rutecki, James W. Pitts, Carl A. PerIa, Jr., David Franczyk, Eugene M. Fahey, Rosemarie LoTempio, Clifford Bell, Brian Higgins, Alfred T Coppola to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. No. 2 BY: MR. RUTECKI: Memorialize the State Legislature to Abandon the Proposal for a State Football Lottery WHEREAS: In an effort to close the State's budget deficit, the New York State Lottery Division has convinced the State legislature to propose a State Lottery using Bills, Jets and Giants football scores, and; WHEREAS: It is the general consensus among players, owners, and the public that gambling on professional sports raises questions concerning the integrity of the sport, changing it from an entertainment vehicle to a gambling vehicle, and WHEREAS: The current controversy surrounding gambling on professional sporting events has emphasized the addictive nature of gambling, and government sponsored gambling serves to legitimize gambling in the eyes of youths, and; WHEREAS: A government sponsored lottery using the scores of the Bills Giants and Jets football scores undermines the concept of football as wholesome family entertainment and promotes gambling among both young people and those least able to afford gambling losses, and; WHEREAS: The failure of the Off Track Betting system to generate the revenues projected suggests that the lottery may not have the ability to generate the projected revenue of $15 million per year and compete with illegal pools that offer a greater Percentage of the total amount wagered as prizes, THEREFORE BE IT RESOLVED: That this Common Council memorialize the State Legislature to abandon their plan to conduct a state lottery based on the scores of the Bills, Giants, and Jets football games and instead focus their attention on other ways to close their budget deficit. ADOPTED No. 3 Adjournment At 1:30 P.M. Mr. Rutecki moved to adjourn. Seconded by Mr. PerIa. Charles L. Michaux III City Clerk COMMON COUNCIL CITY HALL, BUFFALO N.Y. SPECIAL SESSION May 31, 1991 at: 1:35 P.M. Present- David A. Franczyk, President Pro Tempore of the Council and Councilmembers: Bell, Collins, Coppola, Higgins, LoTempio, PerIa, Rutecki. - 8. Absent- Councilmembers: Amos, Arthur, Bakos, Fahey, Pitts.- 5. No. 1 Mr. Charles L. Michaux, Ill City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 37], 1991, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 31, 1991 at 1:10 PM. for the following purposes: (I) To receive, consider and take appropriate action on Local Law Introductory No. 16 extending budget procedure dates from June 5, 1991 until June 10, 1991. RECEIVED AND FILED Hon. George K. Arthur President of the Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purposes: (1) To receive, consider and take appropriate action on Local Law Introductory No. 16 extending budget procedure dates from June 5, 1991 until June 10, 1991. WE request that this Special Meeting be held on May 31, 1991 at 1:10 PM. TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated May 31, 1991 the HON. GEORGE K. ARTHUR, President of the Council, has called a Special Meeting of the Common Council,to be held in the Council Chambers, City Hall, Buffalo, New York, on May 31, 1991 at 1:10 PM. for the following purposes: (l) To receive, consider and take appropriate action on Local Law Introductory No. 16 extending budget procedure dates from June 5, 1991 until June 10, 1991. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID A. COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DAVID P. RUTECKI hereby states that he received notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 31, AT 1:10 P.M.. STATE OF NEW YORK COUNTY OF ERIE ss: CITY OF BUFFALO On this -31st of May, 1991 before me, the subscribers, personally appeared Brian Higgins, Rosemarie LoTempio, David Franczyk, Alfred T. Coppola, David Rutecki, Carl A. Perla, Jr., David Collins, Clifford Bell, Norman Bakos. To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same.. Richard Okoniewski Commissioner of Deeds My Commission Expires 12/31/92 No. 2 Mr. Bakos now took his seat In the Council Chamber at 1:37 P.M. No. 3 MR. FAHEY CITY OF BUFFALO LOCAL LAW NO _________ (1991) INTRODUCTORY NO.16 (1991) A LOCAL LAW amending section thirty-nine of the charter of the city of Buffalo relating to budget procedures. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section I. That section thirty-nine of the charter of the city of Buffalo, adopted pursuant to law, be amended 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 [fifth] tenth day of June, nineteen hundred 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-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 2. 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 R. Peter Morrow PASSED AYES-9 NOES-0 NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. No.4 Adjournment At 1:40 P.M. Mrs. LoTempio moved to adjourn. Seconded by Mr. Bakos. Charles L. Michaux III City Clerk COMMON COUNCIL CITY OF BUFFALO, N.Y. SPECIAL SESSION JUNE 3, 1991 AT 2:05 P.M. Present George K. Arthur, President of the Council and Councilmembers :Bakos, Collins, Franczyk, Perla, Pitts, Rutecki-7 Absent-Councilmembers:Amos, Bell, Coppola, Fahey, Higgins, LoTempio-6 No. 1 Call for Special Meeting Pursuant to Section 30 of the Chapter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated May 31, 1991, presented to you herewith, l hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on June 3 1991 at 1:55 PM. for the following purpose: (1) To receive, consider and take appropriate action on 34th annual Allentown Outdoor Art Show. RECEIVED AND FILED Hon. George K. Arthur President of the Council 1315 City Hall Buffalo, New York Dear Sir: We the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purposes: (1) To received, consider and take appropriate action on the 34th Annual Allentown Outdoor Art Show. We request that this Special Meeting be held on June 3, 1991 at 1:55 P.M. TO EACH MEMBER OF THE COMMON COUNCIL You are hereby notified that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated May 31, 1991, the Hon. George K. Arthur, President of the Common Council , has called a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on June 3, 1991 at 1:55 P.M. for the following purpose: (1) To receive, consider and take appropriate action on the 34th Annual Allentown Outdoor Art Show. Charles L.. Michaux, III, City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit:: ARCHIE L. AMOS, JR., NORMAN M. BAKOS, CLIFFORD BELL, DAVID A COLLINS, ALFRED T. COPPOLA, EUGENE M. FAHEY, DAVID FRANCZYK, CARL A PERLA, JR., BRIAN HIGGINS, ROSEMARIE LOTEMPIO, JAMES W. PITTS, DAVID P. RUTECKI hereby state that he received twenty-four (24) hours notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on June 3, 1991 at 1:55 P.M.. STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO On this 3rd day of May, 1991, before me the subscribers personally appeared, Brian Higgins, Alfred T. Coppola, James Pitts, David Collins, David Rutecki, Norman Bakos, Rosemarie LoTempio, Carl A. Perla, Jr., Clifford Bell and Archie L. AMOS, Jr., to me known to be the same persons described in an d who executed the foregoing instrument, and they duly and severally acknowledged to be that they executed the same. Richard Okoniewski Commissioner of Deeds My Commission Expires 12/31/92 No. 2 BY MR. PERLA 34TH ANNUAL ALLENTOWN OUTDOOR ART SHOW WHEREAS: The Allentown Village Society has requested permission to conduct its Annual Allentown Outdoor Art Show on the weekend of June 8 and 9, 1991; and NOW, Therefore BE IT RESOLVED: That the Allentown Village Society be and is hereby granted permission to conduct its annual art show on the weekend of June 8 and 9 between the hours of 11:00 an, and 6:00 PM on said days within an event area bounded by Summer Street on' the north, Elmwood Avenue on the west, Tracy Street (extended easterly) on the south, and Main Street on the east; and BE IT FURTHER RESOLVED That exhibitors of arts and crafts work Ray be located within the said event area on the following streets only: Delaware Avenue between North Street and Tupper Street (east and west sides), Franklin Street between Allen Street and Virginia Street (east and west sides), Allen Street from 75 feet westerly of Park Street to Franklin Street (north and south sides), Virginia Street between Delaware Avenue and Franklin Street (north and south sides). The Allentown Village Society will provide each such exhibitor with, suitable identification showing each as an authorized participant in the art show; and BE IT FURTHER RESOLVED: That Delaware Avenue between North Street and Tupper Street, Franklin Street between Allen Street and Virginia Street and Allen Street, from approximately 75 feet westerly of Park Street to Franklin Street shall be closed to vehicular traffic from 8:00 an, until 7:30 PM on the dates of the show and the Buffalo Police Department may place barriers for this purpose during those hours; and BE IT FURTHER RESOLVED: That this permission is granted subject to the following terms and conditions 1) That no parking is to be allowed on the streets for exhibitors at said times and said days and the Department of Public Works and the Police Department are hereby directed to enforce this temporary ban on said streets and on such, other streets within the immediate area which the Police Department may deem necessary for the safety of the public. 2) That the Allentown Village Society will issue permits to no more than 425 arts and crafts exhibitors excluding therefrom the exhibition or sale of so-called "pseudo" art and exhibits of a strictly commercial nature. 3) That the number of concession areas within the event area is limited as follows: On Delaware Avenue in the block between North and Allen streets, in the block between 'Allen and Virginia streets, and in the vicinity of Edward Street, on Franklin between Virginia and Allen Streets. On Allen Street ill the vicinity of Franklin Street. The participants within these concession areas shall be responsible concessionaires to be selected by the Allentown Village Society which will provide them with identification showing that they are an authorized participant in the event and the concession areas will be operated jointly by those concessionaires and the Allentown Village Society. The Allentown Village Society may also designate a single concessionaire employing a reasonable number of persons to vend balloons in the event area. No other concessionaires, vendors, or peddlers of any kind shall be permitted within the event area during the hours of the art show. There shall be excluded from the event area, all temporary inflatable devices used to advertise or direct attention to a business, service, product or activity. 4) the Department of Inspections and Community Revitalization and the Police Department are directed to enforce removal of all unauthorized participants. 5) The Allentown Village Society shall assume complete responsibility for removing banners, decorations, barricades, stands, and equipment and any trash or debris in the area resulting from the art show. PASSED AYES-7 NOES-0 No. 3 Adjournment At 2:08 P.M. Mr. Rutecki moved to adjourn. Seconded by Mr. PerIa. Charles L. Michaux, III, City Clerk