HomeMy WebLinkAbout92-0107
1No. 1
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, January 7, 1992
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
Dale Zuchlewski - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman,
George K. Arthur, Alfred T. Coppola, Eugene M. Fahey,
Carl A. Perla, Jr. Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Archie L. Amos, David Franczyk,
Rosemarie LoTempio, Carl A. Perla, Jr., Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David Collins, David A. Franczyk,
Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman,
Clifford Bell, Eugene M. Fahey, David A. Franczyk,
Brian M. Higgins, Carl A. PerIa, Jr., Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman,
Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio,
James Pitts, Dale Zuchlewski Members
RULES COMMITTEE
: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M.
Higgins, Rosemarie Lotempio, Carl A. Perla, Jr.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. Dale Zuchlewski, Chairman, Hon. Archie L. Amos,
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, 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, 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
James W. Pitts, Carl A. Perla, Jr., Dale Zuchlewski, 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, Dale Zuchlewski,
Hon. Vincent Tese, Hon. Anthony M. Masiello, 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, January 7, 1992
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, Pitts, and
Zuchlewski - 12.
ABSENT - Councilmember Perla- 1.
On a motion by Mr. Fahey, seconded by Mr. Bell, the minutes of the stated
meeting held December 23, 1991, and the Organizational Meeting held on January
2, 1992, were approved
FROM THE MAYOR
No. 1
Veto Message -
Payment of Claim of Kleinhan's Music Hall Management, Inc.
in the Amount of $140,975.00
Item No. 179, C.C.P., 12/23/91
The referenced item purports to make a payment to Kleinhan's Music
Hall Management, Inc. in the amount of $140,975 as a claim. The Corporation
Counsel has advised me and you that such a payment is legally impermissible. It
ignores the requirement of the Charter for either an increased appropriation or
a transfer of funds. For this reason and for these reasons I have vetoed
similar items in the past, I must return the item without my approval.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 179 C.C.P., December
23, 1991- Payment of Claim of Kleinhan's Music Hall Management, Inc.
Seconded by Mr. Higgins.
REPASSED.
AYES - 12 NOES - 0.
No. 2
Veto Message - Change Order # 1
Eagle Parking Structure
Contract # 91599800
H & M Plumbing and Mechanical Contracting, Inc.
Item No. 23, C.C.P. December 23, 1991
I am writing the above referenced change order because it unfairly
requires the City of Buffalo to exclusively pay for an error made by a private
contractor.
H & M Plumbing & Mechanical Contractors, Inc. erroneously excluded the
dry standpipe fire protection system for its base bid. Although this error
remained undetected during qualifying discussions with the project's
construction manager, the City is being asked to assume total and exclusive
financial responsibility for the mistake of a private contractor.
Proper business practice would be served if this responsibility were at
least shared, pursuant to discussions between the City and contractor. Since I
believe this course of action should be pursued first, prior to the City making
full payment, I am returning this item without my approval.
REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF PARKING AND THE CORPORATION
COUNSEL.
No. 3
Reappointment of member of
City of Buffalo Public Access
Center Policy Board
Pursuant to the powers vested in me by a resolution of the Buffalo
Common Council (Item #159, CCP, March 3, 1987) and Section 7.6 of the Public
Access Agreement between the City of Buffalo and Sun Ship Communications, Inc.,
I hereby reappoint the below listed persons as members of the Buffalo Public
Access Center Policy Board for a term expiring on December 31, 1993:
Michael P. McKeating 164 Tuscarora Road
Buffalo, 14220
C. Clifford Preisigke 146 Downing Street
Buffalo, 14220
I hereby certify that both Michael P. McKeating and C. Clifford Preisigke
are fully qualified for reappointment to the Buffalo Access Center Policy
Board.
RECEIVED AND FILED.
No. 4
"Deletion of Veterans Helping Veterans Office and
Division of Urban Affairs"
I am submitting for your consideration two salary o
rdinance amendments
to implement two of the cost reduction proposals included in the deficit
reduction plan I submitted to Your Honorably Body on December 6, 1991.
One amendment deletes the function of Veterans Helping Veterans in the
Department of Human Resources. This involves the elimination of 3 positions.
This office was previously subsidized by the County and the state who each
contributed $20,000 per year towards its operation. However both these levels
of government have ceased providing funding to the City for these services and
the office is now funded entirely by the City. Erie County has its own office
of Veterans' Services. The City can no longer afford to pay for this
duplication of services. The projected savings resulting from this amendment is
$80,000 per year.
The second amendment deletes the Division of Urban Affairs. The only
filled position to be eliminated is the Director of Urban Affairs. The other
filled positions will be transferred to the Contract Administration function
under the Commissioner of Human Resources. The work of this division can be
accomplished under the Commissioner's supervision without a separate Director's
position. This would combine all of the monitoring operations into one
function under Human Resources. The projected annual savings from this proposal
is $40,104 plus fringe benefits.
The Commissioner of Human Resources has asserted that services will
still be available to Veterans through other levels of government and the
contract and hiring monitoring and reporting previously performed by the
Division of Urban Affairs will continue to be done under his direct
supervision. For these and the other reasons stated above, I urge Your
Honorable Body to approve these salary ordinance amendments.
RECEIVED AND FILED.
No. 5
Request local law To Consolidate Fire Companies
Given the City's current fiscal environment, I am seeking an indication
of Your Honorable Body's intent before making a decision on whether or not to
hire a new class of firefighters in April 1992. The fire department needs to
begin their screening process in January if they are going to have an April
class.
There are currently enough vacant firefighter positions to consolidate
the operation of Engine Companies 18 and 30 with other companies in their
general vicinity without laying off any existing employees. I am convinced the
consolidation I am seeking would also maintain satisfactory response times
throughout the city while substantially reducing overtime expenditures.
However, Your Honorable Body must approve this consolidation plan for it
to become effective. If I know you will not approve the plan the Fire
Department will have to hire approximately 30 to 40 new firefighters this
spring.
The fiscal outlook of the city mandates that we cut costs where possible.
I believe this consolidation provides the opportunity to do this without
layoffs and without jeopardizing the public safety.
I am requesting that you vote on the attached local law so that I know
whether the city can take this opportunity to consolidate companies without
layoffs or if it will be necessary to hire new firefighters in the midst of the
current fiscal crisis.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE BUFFALO ARTS COMMISSION
No. 6
NFTA illuminated Pole Signs in City ROW
# 46 CCP 10/1/91 Item # 19, Dec. 23, 1991
Following referral from the Buffalo Preservation Board on December
18, 1991 of an item previously reviewed by the City Department of Public Works
and City Planning Board concerning ten (10) fifteen foot (15') illuminated pole
signs proposed by the NFTA and our preliminary review thereof, we respectfully
request that Your Honorable Body keep this item in the Council Legislation
Committee or on the table until the complete facts and visual impact can be
fully evaluated.
This matter was originally recommended for approval by the Department of Public
Works as an encroachment on City ROW's with the NFTA to be routinely granted a
"mere license only" subject to certain conditions. Subsequently the Buffalo
Planning Board reviewed the NFTA's proposal at its regular meeting of December
17, 1991. In the course of their review further referral was made to the
Preservation Board who, in turn contacted this office about several aesthetic
concerns.
Apart from questions already raised about the necessity and for advisability of
elevated electric hamburger signs designed to inform the public of the precise
(?) locale of LRRT Stations and presumably increase ridership, fundamental
aesthetic issues should be addressed. The Buffalo Arts Commission seriously
questions the impact upon existing artwork jointly commissioned by the City and
NFTA for the neighborhood stations at the time of Metro construction. Based on
a preliminary review of the NFTA's construction drawings certain artwork would
appear to be obstructed by the garish introduction of these illuminated pole
signs.
The opportunity to closely study the design and visual affect upon public
artwork in the LRRT Stations to which the City Arts Commission devoted
substantial personal and financial resources is respectfully requested. We will
report our findings to Your Honorable Body immediately following the
Commission's next regular meeting on January 23, 1992. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR'S ADVOCACY OFFICE FOR PEOPLE WITH HANDICAPPING
CONDITIONS
No. 7
P. Bailly - Handicapped Parking Violation Problems
Item No. 105, C.C.P. December 23, 1991
In correspondence dated December 27, 1991, Councilmember Coppola,
Chairman of the Committee on Legislation, requested that 1 review a letter from
Mr. Patrice Bailly to the Council concerning the above captioned matter and
then submit a response to the Council by 2:00 p.m., Thursday, January 2, 1992.
I respectfully submit that the letter from Mr. Bailly contains
insufficient information upon which to formulate a response. If Mr. Bailly,
Councilmember Coppola, or the Council as a whole furnish me with a detailed
list of Mr. Bailly's concerns, would be happy to investigate each one and
report back to the Council.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 8
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 $175,000 be transferred and reappropriated from various
accounts in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, DECEMBER 30, 1991
RECEIVED AND FILED.
No. 9
Interfund Loan Request
Due to changes in the Internal Revenue Code enacted in 1986, I
have had to develop new procedures to implement the financing of the Capital
Improvements Budget. One of these procedures is an interfund loan from the City
General Fund to the City, Board and Enterprise Capital Projects Funds. The
interfund loan will then be repaid when Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance various projects and we
will not reenter the bond market until more projects have requested funding.
We are requesting that you approve an interfund cash loan from the General Fund
to the Capital Projects Fund in the amount of $150,000 for Acquisition of Land
& Development as a Park on the site now known as 28 Hertel. The loan will be
repaid when Bond Anticipation Notes or Bonds are Issued.
From To Acct Repayment Date
Total
100 Gen 200 Capital Proj 200-717-058 BAN/Bond Sale $150,000
Mr. Fahey moved:
That the communication from the Comptroller dated December 30, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to make an interfund
cash loan from the General Fund to the Capital Projects Fund in the amount of
$150,000 for Acquisition of Land and Development as a Park on the site now
known as 28 Hertel.
PASSED.
AYES - 12 NOES - 0.
No. 10
Permission to Negotiate
1405 Michigan, E 104' N Utica
vacant Land: 25' x 100'
Assessed valuation: $900
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Louis M. Cacciato, Attorney on behalf of David Adams of 1399
Michigan Avenue, Buffalo, New York to purchase the above captioned property.
Mr. Adams would like to purchase this property, which is next to his
home, in order to construct a garage for off-street parking purposes.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are no outstanding
taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated December 26, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
David Adams, residing at 1399 Michigan Avenue, Buffalo, New York, for the
private sale of 1405 Michigan Avenue, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 11
Response to Report of Audit
Item # 19, C.C.P. 11/26/91
The above item is an audit report completed on the Division of
Real Estates In-Rem Operations. The audit report covers a two year period from
July 1, 1989 to June 30, 1990. The Division of Real Estate is responsible, for
the disposition of properties that are turned over to it from both the City of
Buffalo and County of Erie In-Rem foreclosures. The In-Rem operations
constitutes over 75% of the work load of the Division.
With respect to properties struck to the City of Buffalo from the County
of Erie - The revenues and expenditures are allocated in accordance with the
terms of an agreement between the City of Buffalo, County of Erie and the
Buffalo Sewer Authority which expired in 1989. I concur with the auditors
recommendations "to negotiate for terms in the new agreement whereby the County
and the Authority would reimburse the City each period for their share of the
amount that expenses exceed income which would be more equitable to the City. A
new agreement has been drafted and sent to the County Attorney's Office. I
along with the Corporation Counsel will be meeting with him in the next few
weeks to discuss the terms of the new agreement.
In as much as items # 1, 5 and 7 of the audit are self explanatory I will
confine the rest of my comments to the recommendations in items 2, 3, 4 and 6.
In item # 2 the Division of Real Estate has already implemented the
recommendation "to insure that expenditures are properly charged to the correct
General Fund."
RESPONSE - Real estate is now receiving monthly reconciliation statements to
verify that expenditures have been properly charged before being posted by the
Accounting Division.
Item # 3 - The Audit recommends: a) that the Law Department deposit
In-Rem bid and sales receipts in a more timely fashion. b) The audit also
recommends that the Real Estate consult with the Law department to ascertain
weather a refund is due to the purchaser of 379 Genesee Street.
RESPONSE - a) Since July 1st of this year the Division of Real Estate is
handling the closing of all real estate sales. Bid and sales receipts are now
being deposited with Treasury the same business day they are received in Real
Estate or immediately the following day.
b) Real Estate has forwarded a letter to the Corporation Counsels office
determine if a refund is due to the purchaser of 379 Genesee Street.
Item # 4 - The audit recommends that Real Estate prepare the necessary
paperwork to transfer dormant monies ($4,491) from aged transactions to the
General fund..
RESPONSE - The transfer of the money to the General Fund has been completed.
Item # 6 - Audit has recommended that a) once In -Rem properties have
been transferred from Real Estates inventory to BUREAU without compensation,
that the related In-Rem expenditures such as demolition costs, maintenance,
etc." be adjusted to reflect removal of the applicable charges recorded as due
from Erie County and the Buffalo Sewer Authority.
RESPONSE - a) item # 6 relates to the allocating of expenses of properties
transferred to BURA and the distribution under the Tri-Party Agreement. I will
file a separate communication relative to this recommendation after meeting
with the County Attorney and Sewer Authority.
b) The audit also recommends that the Division of Real Estate set up a
system with BURA whereby BURA immediately notifies Real Estate about transfers
of properties out of the City inventory.
RESPONSE - in the past Real Estate received in a timely fashion copies of deeds
from BURA to properties that were transferred to them by the Common Council.
For sometime now the Division of Real Estate has not received copies of the
deed transfers causing problems in maintaining and accurate inventory. BURA no
longer has the staff to prepare these notices. Staff from the Division of Real
Estate will meet with staff from BURA, on a monthly basis, to determine changes
that effect the City's In-Rem inventory.
The Director of Real Estate, John Hannon, will be available to answer any
questions Your Honorable Body may have regarding the above responses.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 12
M. Ghorab
Cancel Clean-up Cost 237 Watson
Item No. 107, C.C.P. December 23, 1991
Mr. Ghorab purchased 237 Watson Street at the City of Buffalo's
In Rem Tax Foreclosure No. 24 on October 29, 1990. Under the terms of
Memorandum of Sale, all properties are sold "as is." So if, in fact, as Mr.
Ghorab states in his letter of December 23, 1991 that there was trash on this
property at the time Mr. Ghorab purchased 237 Watson Street, the determination
of who is responsible to clean up the trash is a legal matter best addressed by
the City's Law Department.
The issue of the existence of trash and Street Sanitation's bill for
removing said trash, should be referred to the Department of Street Sanitation.
The Department of Assessment's role in this matter was solely the In Rem Tax
Foreclosure Proceeding against this property.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 13
Emergency Repair of Stage Lift Kleinhans Music Hall
On 8/23/91 Otis Elevator was called upon to disassemble a leaking
cylinder and replace the worm shaft bearings of the stage lift elevator at
Kleinhans Music Hall. This work was performed on a time and material basis and
cost a total of $3,793.18. Funds are available for this project in the
Division of Buildings.
RECElVED AND FlLED.
No. 14
Change in Contract
New Electric Service
Delaware Park Casino
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the New Electric Service, Delaware Park Casino, Buffalo, New
York, Weydman Electric, Inc. C-91635600:
1. Provide additional excavation
pipe and pipe pushing under
Lincoln Pkwy. ADD $3,564.00
2. Provide new 20 circuit
electrical panel, circuit
breakers, new feeder, and
four new circuits. ADD $2,157.00
The existing pipe under Lincoln Parkway was damaged and could not be reused.
The foregoing change results in a net increase in the contract of Five Thousand
Seven Hundred Twenty-one and 00/100 Dollars ($5,721.00).
Summary Original Amount of Contract $23,100.00
Amount of this change (No. l) ADD 5,721.00
Revised Amount of Contract $28,821.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable.
Funds for this work are in B/F 200-402-092 - 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
December 17 1991 be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Weydman Electric, Inc. in the amount of $5,721.00 for
addition work under Contract #91635600 for work relating to New Electric
Service, Delaware Park Casino with said cost to be charged against Bond Fund
#200-402-092
PASSED.
AYES - 12 NOES - 0.
FROM THE COMMISSIONER OF POLICE
No. 15
Checks received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. # 104 of February 2,1988, attached hereto please find
copies of the following listed checks:
#8155-00089244 $ 404.13 #8155-00089257 $ 95.03
#8155-00089235 $27,760.00 #8155-00089282 $9,339.80
#8155-00089249 $ 1,552.50 #8155-00089279 $1,320.25
#8155-00089240 $ 2,376.00 #8155-00089283 $ 1,768.00
#8155-00089458 $34,500.00 #8155-00089280 $ 2,690.25
#8155-00089510 $ 1,950.00 #8155-00089465 $ 1,275.00
#8155-00089507 $ 1,800.00 #8155-00089281 $ 5,457.00
#8155-00089457 $ 1,226.05 #8155-00089464 $ 952.00
#8155-00089285 $ 1,961.25
TOTAL $ 96,427.26
These checks were received by this department and duly deposited in Trust &
Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 16
CERTIFICATE OF APPOINTMENT
Appointment to become effective: January 2, 1992 in the Department
of Police Richard T. Donovan 57 Susan Lane Buffalo, NY 14220 to the position of
Deputy Police Commissioner, Exempt, at the starting salary of $ 56,459
RECEIVED AND FILED.
No. 17
Disposal of 60 car radios
C.C.P. #63
As per your correspondence dated December 27,1991, in reference
to C.C.P. #63 enclosed please find copies of the bids received for 60 car
radios.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 18
Annual Payment for lease of computer equipment and support services located at
the United States Customs Services at the Peace Bridge
I respectfully request an extension of contract number C13297B
between the City of Buffalo, department of Police and the County of Erie,
Central Police Services for a period of one year from July 1,1991.
Said contract covers the rental and maintenance of one (I) Sperry UTS 400
terminal and printer located at U.S. Customs, Peace Bridge Plaza.
The terminal has proved to be of great assistance to the Buffalo Police
Department in identifying and arresting fugitives crossing the border and also
the confiscating of evidence and contraband that has crossed into Buffalo.
The operations and use of the equipment is closely monitored. If any
provisions of the contract are violated, service will be terminated per section
V.
Mr. Fahey moved:
That the communication from the Commissioner of Police dated December 19, 1991,
be received and filed; and
That the commissioner of Police be, and he hereby is authorized to enter into
an extension of contract number C13297B for the rental and maintenance of one
Sperry UTS 400 terminal for a period of one year from July l, 1991.
PASSED.
AYES - 12 NOES - 0.
No. 19
CERTIFICATE OF APPOINTMENT
Appointment to become effective December 26, 1991, in the Department
of Police, Robert V. Rosenswie, Jr. 6230 Genesee Rd., Springville, N.Y. 14141
to the position of Police Officer, Permanent at the starting salary of $30,726.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 20
Opinion Re: One-Man Police Cars
I have been asked by the Police Reorganization Committee of your
Honorable Body to research the question of whether the introduction of one-man
cars in the Police Department is a mandatory subject of collective bargaining.
I have also been asked by the Council President to give an opinion on whether
precinct consolidation requires a Charter amendment or impact negotiations.
After researching the decisions of the Public Employment Relations Board
(PERB) on this subject, it is my opinion that it is not a mandatory subject of
collective bargaining. PERB has long held that "[T]he establishment of manpower
needs and the deployment of personnel by a public employer are management
prerogatives and, thus, are not mandatory subjects of negotiation." Matter of
City of White Plains, 5 PERB 3008; International Assoc. of Firefighters v.
City of Newburgh, 10 PERB 3001.
In White Plains PBA v. City of White Plains, 9 PERB 3007, PERB
specifically addressed the issue of whether two-man patrol cars are a mandatory
subject of collective bargaining, and held that they are not. The same result
was reached by PERB in Matter of North Salem PBA, 24 PERB 4512, and Matter of
Village of Ossining, 20 PERB 4600. Similar results have been reached by PERB
with respect to manning levels of other pieces of equipment, such as fire
engines, in Matter of City of Niagara Falls, 9 PERB 3025; and Matter of City of
Saratoga Springs, 18 PERB 3009.
Thus, it is my opinion that the City may unilaterally introduce one-man
cars, but would have to negotiate with the PBA over the impact of the change,
upon receipt of a demand to do so.
To complete the picture, you should be aware that the City has a proposal
regarding one-man cars before the interest arbitration panel currently
considering the impasse between the City and the PBA. The proposal basically
states that the City would give the PBA six months written notice of its
intention to implement one-man cars, and would establish a City/PBA committee
to discuss safety, bargaining unit impact and implementation. If the parties
are unable' to agree on safety or impact, the disagreement would be submitted
to interest arbitration, and the parties would abide by the arbitrator's
decision. However, these impact discussions would not affect the City's right
unilaterally to implement one-man cars. A ruling from the interest arbitration
panel is expected in February.
My opinion with respect to precinct consolidation is the same, and
for basically the same reasons. Since it is a decision involving the
level and nature of services to be provided to the public, and manpower
staffing and deployment, it is a management prerogative, and not a mandatory
subject of collective bargaining. Precinct consolidation could be introduced
unilaterally, but the city would have to bargain with the PBA over its impact
on the bargaining unit, upon receipt of a demand to do so. Precinct
consolidation would not require a Charter amendment, because Section 225 of the
Charter already empowers the Commissioner of Police to change the number of
precincts, with the approval of the Common Council, by "order, rule or
regulation."
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 21
Opinion
Claim of Kleinhan's Music Hall Management Inc.
in the Amount of $140,975.00
Item No. 179, C.C.P., 12/23/91
Attached is a copy of my opinion of December 17, 1991 to the Comptroller
and the Commissioner of Administration and Finance concerning earlier efforts
to pay a claim of Kleinhans Music Hall Management, Inc. ("Kleinhans"). On
December 23, 1991 you enacted the referenced resolution which purports to
obligate the City of Buffalo to pay Kleinhans $140,975. For the reasons stated
here and in my earlier opinion neither your Honorable Body nor the Comptroller
can create a legal liability except as applicable law provides.
The referenced resolution would direct that a warrant be drawn in payment
of Kleinhans' claim. The Common Council's right to do that is expressly limited
by the language of Section 16-14 which grants that right "provided that the
claim is a legal liability of the City". There simply is no such liability and
the order directing that a warrant be drawn is without effect.
Any payment to Kleinhans of this nature needs to follow the budgetary
process and the requirements for amendments as provided in the Charter.
Recharacterizing it as a claim misconstrues the facts and ignores the Charter.
The purported order directing that a warrant be drawn in payment of the
claim is artifice and not only contravenes Section 16-14, an ordinance, it also
violates the clear and superior mandate of Article 3 of the Charter which
delimits Your Honorable Body's powers. Section 41 and Section 42 in Article 3
establish the proper means for you to make a payment to Kleinhans, that is by
an increased budget appropriation or by a transfer of funds.
Additionally it is my opinion that if such a warrant were to be drawn it
would need to be countersigned by the Commissioner of Administration and
Finance pursuant to the Section 295.4 of the Charter which calls for his
countersignature on all checks. For all purposes in connection with the
Commissioner's power and obligation to sign checks, a warrant is the equivalent
of a check and is therefore subject to his countersignature.
If the Comptroller were to find it within his power and to be otherwise
proper to issue such a warrant, it would nonetheless require the
countersignature of the Commissioner. Since the Comptroller is aware of the
Commissioner's direction that the Commissioner's signature not be affixed to
any such instrument, the issuance of the warrant without it would be
impermissible and in derogation of the Charter and other applicable law.
Additionally, in my opinion, the judgment of the Commissioner to not
countersign the warrant would be proper and have a substantial basis in law.
RECEIVED AND FILED.
No. 22
Opinion
Robert Flowers - Conflict of Interest
You have requested an opinion as to whether a conflict of interest
would exist for Robert Flowers should he be confirmed to fill a vacancy on the
Buffalo Board of Education given the fact that he is employed by Erie 1 Board
of Cooperative Educational Services (Erie 1 BOCES). My opinion is that no
prohibited conflict of interest would be presented.
The New York State Education Department in 1979 ruled that there was no
statutory prohibition against a BOCES employee serving on the Board of
Education of a component school district (Matter of Todd 1979, 19 Educ. Dep.
Rep. 277). Because the Buffalo school district is not one of the component
school districts comprising Erie 1 BOCES, it follows that there would be no
statutory prohibition regarding Mr. Flowers serving on the City's Board of
Education. If anything, the Flowers' situation is one step further removed.
Under the provisions of the General Municipal Law (GML), the definition of a
municipality includes school districts and boards of cooperative educational
services. It would appear from an analysis of a myriad of opinions rendered by
the State Comptroller involving situations of dual public employment that the
prohibited conflict of interest provisions of the GML would not apply
particularly if proper public disclosure is made.
Similarly, under the Code of Ethics adopted by the Buffalo Board of Education,
there exists no prohibition which would preclude Mr. Flowers from serving
thereon because of his employment with Erie 1 BOCES. However, under the Code of
Ethics, he would be prohibited from taking or failing to take any action which
may result in financial benefit to himself or to his outside employer.
Pursuant to the Board's Code of Ethics, Mr. Flowers would be required to recuse
himself from acting, formally or informally, if such financial benefits might
result. In addition, he would be required to make disclosure as proscribed in
the Code of Ethics.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BOARD OF EDUCATION.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI - 11.
NOES - ARTHUR - 1.
No. 23
Robert Heftka
This replies to your query about the status of Assistant Corporation
Counsel Robert Heftka. The Civil Service Commission has extended the time for
Mr. Heftka to meet residency requirements until January 31, 1992. I am
reviewing the matter and intend to address this question with the Commission
before January 31.
Mr. Heftka has done an exemplary job since he joined the Law Department.
Mr. Heftka specializes in municipal labor matters and he brings to us an
extremely high level of professional experience and competence which we could
not duplicate except by hiring outside counsel. In this regard, and because
Mr. Heftka has been able to successfully dispose of so many matters, the City
has saved countless thousand of dollars. Mr. Heftka in a very short time has
proved to be one of the most valuable attorneys on our staff. We could not
attract a replacement for him at the present salary and his departure, if it
were to occur, would seriously impair our ability in an acutely important area.
I will be glad to report to you the results of our review of this matter
when it is completed.
REFERRED TO THE COMMlTTEE ON ClVlL SERVICE.
No. 24
MOVE BOARD OF EDUCATION
ELECTION TO NOVEMBER
(Item No. 163, C.C.P., 12/23/91)
The above resolution correctly identifies the New York State Legislature
as the body having jurisdiction of an amendment to the New York Education Law
regarding changing the month in which the Board of Education's elections would
be held.
My office stands ready to assist Your Honorable Body in preparing the necessary
home rule message should the State Legislature introduce a bill as you have
suggested. The introduction of such a bill in either house of the Legislature
though is a necessary prerequisite to any further action which may be taken by
the City.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
AYES - AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
ZUCHLEWSKI - 9.
NOES - ARTHUR, COLLINS, PITTS - 3.
No. 25
Permission to Settle
Workers' Compensation Case:
Paul Bittner
D/A: 4/25/89 and 11/8/89
This Division of Water employee sustained low back injuries on
the above captioned dates. The 1986 injury resulted in a 1988 spinal fusion
which was not successful. The claimant returned to work for about a year then
went on to reinjure his low back on 11/8/89. He was eventually classified a
permanent partial disability on both cases and disability and treatment was
equally apportioned as of 6/19/90.
Payments are continuing at a rate of $150.00 per week apportioned equally
between both files and Special Funds is reimbursing the City for all
compensation and medical payments under Section 15-8.
A lump sum settlement has been discussed in the amount of $39,000. This
represents five years of benefits which is a good settlement amount considering
that the claimant is only thirty-nine years of age.
At the present time the City of Buffalo is paying benefits to Mr. Bittner
at the rate of $150.00 per week and paying for ongoing medical treatment as
well. Reimbursement is requested from Special Funds for these payments every
26 weeks. If this file were settled for the $39,000 figure, the City would
front the money and very quickly have it reimbursed by Special Funds.
FCS Administrators, Inc., the adjusting agency handling the City's
compensation claims, recommends that this settlement be approved. Therefore,
the Law Department requests that Your Honorable Body authorize this office to
enter into a settlement for a lump sum payment with this employee and to submit
an application for such a settlement to the Workers' Compensation Board.
Should Your Honorable Body have any questions regarding this matter, we
would be willing to appear before your Finance Committee to answer them.
Mr. Fahey moved:
That the communication from the Acting Corporation Counsel dated December
31, 1991 be received and filed; and
That the Acting Corporation Counsel be and he hereby is authorized to
settle the Workers' Compensation case(s) of Paul Bittner for the amount of
$39,000.00.
PASSED.
AYES - 12 NOES - 0.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 26
Fountain Plaza and Rotary Rink
It is my pleasure to advise you that the Fountain Plaza public
improvements undertaken by the Buffalo Urban Renewal Agency and Dev-Con
Associates, including the plaza area, fountain, reflecting pool and ice rink
mechanical and electrical equipment for the pool, rink, and fountain, flag
poles, lighting, zamboni, and trees and benches, are now complete and ready for
City operation.
These improvements have been the subject of various agreements approved by your
Honorable Body, including the Land Disposition Agreement for Key Center, the
easement agreement with Norstar and E.C.I.D.A., the agreement with Rotary Club
for fund raising and the intermunicipal fund transfer agreement between the
City and BURA for capital funding of Fountain Plaza.
The following operational plan for Fountain Plaza has been developed in
cooperation with the Department of Parks, Department of Public Works, and
Buffalo Place.
The Department of Parks will supervise and operate the ice skating rink using
its existing supervisory personnel, donated B.U.R.A. employee services to
operate the zamboni and the refrigeration equipment, and attendants hired by
Parks. Additional salary costs and electricity for rink operations will be
paid for with a City Trust and Agency account funded with a portion of the
Rotary Club fund raising proceeds. We anticipate opening the rink upon
acceptance of the improvements by your Honorable Body with free skating
Wednesday through Sundays from 11 A.M. to 8 P.M.
- Buffalo Place will maintain the plaza area and operate the fountain as part
of the City right-of-way improvements covered by their agreement with the City.
- Public Works will handle capital repairs of the improvements (plaza,
fountain, pool, rink and associated equipment) and seasonal work on the
Fountain. The Rotary funded trust and agency account will be used for a
maintenance contract for the refrigeration and pumping equipment.
- B.U.R.A. will operate and maintain the service building. A joint concession
bid package is being prepared by B.U.R.A. and Parks to see what interest there
is in providing food concession and/or ice rink management services.
I respectfully suggest that the Department of Public Works, Parks, Law and
Audit and Control review this matter, including physical inspection of the
improvements, and that Your Honorable Body formally accept the said
improvements and donated services.
I will be available to answer any questions you have regarding this matter.
Mr. Fahey now moved:
That the communication form the Commissioner of Community Development
dated December 23, 1991 be received and filed; and
That the operational plan for Fountain Plaza and Rotary' Rink as
described in said communication be and hereby is approved; and
That the concession bid package being prepared by BURA and the Parks
Department shall not be bid nor implemented without the prior approval of the
Common Council.
Seconded by Mr. Bell
PASSED.
AYES - ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS - 8.
NOES - AMOS, COLLINS, COPPOLA, ZUCHLEWSKI - 4.
No. 27
Preliminary Draft for Public Review
Comprehensive Housing Affordability
Strategy (CHAS)
For FY: 1992 Through FY: 1996
Attached is the initial draft of the City's CHAS. Several sections
have yet to be drafted (notably the five and one year strategies) pending
public review and input. The CHAS will become the blue print for the City
housing strategy over the next five years.
The public can influence definition of the City's role and type of
programs offered to the citizenry through the public review process.
Notice is hereby given pursuant to the requirements established by the
United States Department of Housing and Urban Development (HUD) in accordance
with a mandate of the National Affordable Housing Act of 1990 announcing that
public review of the City of Buffalo's Comprehensive Housing Affordability
Strategy (CHAS) will commence on November 27, 1991 and end January 27, 1992.
The five year plan may be examined in Room 428 City Hall weekdays between 9
A.M. and 11 P.M. A public hearing was scheduled for Wednesday, December 18,
1991 at 6:30 P.M. in room 209 City Hall for the purpose of public comment.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 28
CERTIFICATE OF APPOINTMENT
Appointment to become e
ffective 12/25/91
, in the Department of
Street Sanitation, Nicholas N. Koerber 470 - 7th Street Buffalo, New York 14201
to the position of Radio Communicator, Provisional at the starting salary of
$21,729.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 29
Report of Emergency Bid for Demolition of 260 Babcock Street
Due to the very serious and hazardous condition to the fire-damaged
building located at 260 Babcock Street, Deputy Fire Paul A. Kurzdorfer
requested that our department bid the property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that action was necessary due to (1) the structural condition of the
building and/or (2) the resulting dangerous and hazardous condition which
exists at this location, i.e., in accordance with guidelines outlined in
Chapter 113 1 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
December 19, 1991 at 2:30 P.M. and bid at site and that the contract was
awarded to the following responsible bidder:
ADDRESS AND OWNER CONTRACTOR & AMOUNT OF BID
260 Babcock Street Integrated Waste Special Services
Donald and Dawn MarineIIi $6,271.00
260 Babcock Street
Buffalo, New York
Please be further advised that the demolition contractor will arrange for the
sewer and water 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 Department of Inspections and Community
Revitalization, dated December 27, 1991 be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $6,271.00, relating to 260 Babcock Street be, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund #500-000-00 2-00000 and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter II,
Article VII, of the Ordinances of the City of Buffalo.
PASSED.
AYES - 12 NOES - 0.
No. 30
Report of Emergency Demolitions
Due to the very serious and hazardous condition of the properties
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 various locations, 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
December 19, 1991. The contracts was awarded to the following lowest 'bidders:
ADDRESS AND OWNER CONTRACTOR AND AMOUNT OF BID
345 Best Mainline - $8628.00
James Robinson - 150 North Parade
Buffalo, New York
269-77 Carl ton Integrated
Umaima Ghany $11,239.00
23 Willow Lane - Amherst, NY
94 Detroit Integrated
Joyce Williams $6678.00
1202 Gladwick Carson City, Calif.
303 Maple Maplewood
Umaima Ghany $11,089
23 Willow Lane Amherst, NY
56 Mulberry Mainline
Paul Reid $9610.00
30 Center St. Batavia, NY
20 Timon Pilot
Enid Henry $7945.00
2243 Eglinton Ontario, Canada
287 Virginia Integrated
Buffalo Hispanic Corp $5905.00
254 Virginia Buffalo, NY
152-54 E. Utica Mainline
Gee Jay Realty $17,220.00
331 Franklin Buffalo, NY
270 Bissell Integrated
Florence Akinmulero $5197.00
67 Comstock Buffalo, NY 14215
228 Carolina Maplewood
Cynthia Walters $6944.00
228 Carolina Buffalo ,NY
147 Detroit Pilot
E. Ezrkwueche $5419.00
111 Wesley Ann Court Macon, Ga.
760 South Division Mainline
Leo Toporczyk $9750.00
401 Willet Buffalo, NY
1301 Fillmore Integrated
Edward Barnes $6914.00
1299 Fillmore Buffalo, NY
116 Goemble Mainline
James Brooks Jr. $3350.00
253 Florida Buffalo, NY
50 Howlett Integrated
Rashed Ali Siddique $4893.00
50 Howlett Buffalo ,NY
62 Kane rear Metzinger
William Mackey $2162.00
9005 Morse Rd. Concord, NY
119 Laurel Mainline
Martin English $3290.00
70 Manerdale Rochester, NY
200 Mulberry Maplewood
Leo Hannah $3939.00
500 Old Country Rd. Garden City, NY
1049-51 Smith Maplewood
Claude Schultz $4149.00
84 Pooley - Bflo, NY
590 Spring Mainline
Walter Rogers $5800.00
355 French Buffalo, NY
282 Strauss Pilot
Joseph Anderson $5713.00
127 E. Morris - Bflo, NY
43 Urban Integrated
Kathleen Oakley $4131.00
499 Winslow - Buffalo ,NY
Please be further advised that the demolition contractor will arrange for the
sewer and water 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 Department of Inspections and Community
Revitalization, dated December 27, 1991 be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to those contractors and
dollar amount of bids as listed in the above communication, relating to various
properties as listed above, are hereby confirmed, ratified and approved, with
said cost to be charged against Special Assessment Fund #500-000-002-00000 and
that said costs shall be collected against the owners or person in possession
of the various premises and/or shall be assessed against the properties
benefitted, in accordance with Chapter XI, Article VII, of the Ordinances of
the City of Buffalo.
PASSED.
AYES - 12 NOES - 0.
No. 31
Report of Emergency Demolitions
Due to the very serious and hazardous condition of the properties
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 various locations, 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
December 19, 1991. The contracts was awarded to the following lowest bidders:
ADDRESS AND OWNER CONTRACTOR AND AMOUNT OF BID
905 Smith and Garage Pilot
City of Buffalo $8014.00
635 Broadway Maplewood
City of Buffalo $9892.00
45 Montana Maplewood
City of Buffalo $5877.00
1064 Smith and Garage Integrated
City of Buffalo $5197.00
130 Herman and Garage Pilot
City of Buffalo $4032.00
Please be further 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 this department's Capital Outlay Account # 100-241-085-00-900.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 23, 1991 be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to those contractors and
dollar amount of bids as listed in the above communication, relating to various
properties as listed above, are hereby confirmed, ratified and approved, with
said cost to be charged against Capital Outlay Account #100-241-085-00-900 in
the Department of Inspections and Community Revitalization and that said costs
shall be collected against the owners or persons in possession of the various
premises and/or shall be assessed against the properties benefitted, in
accordance with Chapter XI, Article VII, of the Ordinances of the City of
Buffalo.
PASSED.
AYES - 12 NOES - 0.
No. 32
Increase In Demo Costs-805 Sycamore
ITEM NO. 53, C.C.P. 6/11/91
In reference to the Common Council Proceedings #53 dated June
11, 1991, we wish to supply you with the following information:
Due to the additional asbestos containing material found at 805 Sycamore we
wish to inform you of an additional charge of $11,700 is needed. At the time
of the asbestos removal an additional 1500 square feet of floor tile was found.
After testing performed by Great Lakes Abatement of Depew, New York, it was
found that an additional 1500 square feet of floor tile was asbestos
containing. The Pre-Demolition Asbestos survey supplied to the contractor by
the City of Buffalo showed that approximately 500 square feet of floor tile was
on site. The 500 square foot amount was used in the original bid supplied by
the contractor. Given the deplorable condition of this building the contractor
was ordered to remove the additional asbestos. The contractor was also ordered
to eliminate the hazard to health and safety and demolish this structure.
This communication is being sent as we were unaware that this communication to
Council was not previously sent.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
CERTlFlCATE OF APPOINTMENT
Appointment to become effective 1/2/92 in the Department of Inspections
& Community Revitalization, Division of Housing & Property Inspections, Gene M.
Fronczak 91 Ledger Buffalo, New York 14216 to the position of Electrical
Inspector, Temporary at the starting salary of $ 28,526.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 34
CERTIFICATE OF APPOINTMENT
Appointment to become effective 12/18/91 in the Department of
Inspections & Community Revitalization, Division of Housing & Property
Inspections, Salvatore P. Galluzzo 269 Busti Avenue, Buffalo 14201 Permanent,
at the starting salary of $29,641.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 35
"City Explore Supported Employment Program"
Item # 140, C.C.P. 10/29//91
In reference to the above-mentioned item, "City explore Supported
Employment Program and identify applicable employment situations under 55A of
the NYS Civil Service Law", please understand that "Supported Employment," as
defined by the material furnished to this office by Councilmember Higgins, does
not involve financial assistance to the employer. It refers to the willingness
to hire and train the disabled.
This department is an equal-opportunity employer and several persons have
been employed under section 55A in various divisions of the department. If any
appropriate positions should become available in the future in the Department
of Administration & Finance, all qualified persons with disabilities will be
given fair consideration.
RECEIVED AND FILED.
No. 36
SHARING THE 8th PERCENT
ERIE COUNTY SALES TAX
Attached is a letter Mayor Griffin recently sent to the Erie County
Legislature regarding the future sharing of the proceeds of the 8th percent of
the Erie County Sales tax levy.
Any support Your Honorable Body can provide to facilitate discussions on.
this matter with County and State elected officials may prove helpful in the
long term solution of the city's fiscal problems.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Parking Violations Bureau Delinquents
CCP 12-23-91 Item # 157
CCP 12-23-91 Item # 158
CCP 12-23-91 Item # 159
CCP 12-23-91 Item # 160
The above items were referred to this office for a response.
The Department of Administration and Finance including the Division of
Parking Enforcement is in support of the above resolutions with the following
changes. We suggest that the list of scofflaws published be limited to those
owing $100.00 or more. Also, the Council should seek law department review of
the legality of the additional charge to scofflaws for publishing and
administrative costs.
In addition, we have proposed several legislative items for the New York
State Parking Violations Task Force legislative agenda. Bruna Michaux,
Director of Parking Enforcement is a member of the Task Force. We will ask our
local legislative delegation to encourage the State Legislature to enact the
proposals into State law.' Governor Wilson of California recently signed
legislation enabling his state to attach the income tax refunds of people with
outstanding parking summonses. We are suggesting similar legislation for New
York State. Legislation also is needed requiring an auto registrant to register
by social security number and prohibiting the renewal and permitting suspension
of a scofflaw's driver's license. We strongly urge the Common Council to
memorialize the State legislature in support of these proposals.
I recommend approval of the above resolutions with the amendments I have
proposed.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 38
INCREASING PARKING VIOLATIONS BUREAU REVENUES
This is to inform Your Honorable Body of a number of measures
the Parking Violations Bureau will take to increase its parking enforcement and
collection efforts to reduce the outstanding balance of more than $17 million
in parking fines and penalties. The additional revenues to be realized from
these measures will help close the City's current budget gap..
The measures include:
-Hiring at least 7 additional parking enforcement officers.
-Holding Hurd property tax refunds from people with outstanding parking
tickets.
-Providing tag writers with hand-held computers for quicker identification of
scofflaws.
-Increasing the use of boots.
-Considering the use of private collection agencies.
-Providing information to TRW credit agency on people who have not paid their
parking tickets.
-Publishing the names of individuals with outstanding parking fines totalling
$100 or more.
-Installing additional parking meters where needed.
-Requesting permission from local colleges for the City to tow vehicles with
outstanding tickets from their private parking lots.
-Requesting a listing of state and county employees working in Erie County to
match against a listing of people with outstanding tickets.
-Filing judgments and garnisheeing wages where possible.
-Considering the use of credit cards for payment of parking fines.
-Requesting State legislation to put a hold on state income tax returns for
people with outstanding parking tickets.
This communication also is intended to help make the public aware that
parking tickets must be paid or costly penalties will result.
REFERRED TO THE COMMITTEE ON FlNANCE.
No. 39
Memorandum of Agreement
City of Buffalo & Local 2651
July 1, 1990 through June 30, 1993
Attached please find a Memorandum of Agreement between the City
of Buffalo and Local 2651, AFSCME, AFL-CIO for the contract period July l, 1990
through June 30, 1993.
This Agreement is applicable to approximately 44 employees, and provides
for a 5- salary increase for the fiscal year 90-91, no salary increase for the
fiscal year 91-92, and a 3% salary increase for the fiscal year 92-93. The
Agreement also provides for a wage-reopener if the City were to finish the
1991-92 fiscal year with a surplus (positive unappropriated, unreserved fund
balance), a new tool allowance provision, and modifications to the following
benefits: parking, longevity, and dental insurance.
Your approval of this Memorandum of Agreement is respectfully requested.
Mr. Fahey moved:
That the communication from the Commissioner of Administration and
Finance dated January 7, 1992 be received and filed; and
That the memorandum of agreement between the City of Buffalo and AFSCME
Local 2651, AFL-CIO dated January 2, 1991 be and hereby is ratified, confirmed
and approved.
PASSED.
AYES - 12 NOES - 0.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 40
Appt. Sr. Clerk (Max)(PW)
Comm. # 27, C.C.P. 12/10/91
At a meeting held on December 18, 1991 the Commission considered
your communication of December 17, 1991 requesting information relative to the
appointment of Carol Gets to the position of Senior Clerk in the Department of
Public Works effective November 25, 1991.
Please be advised there is no eligible list in existence for the title of
Senior Clerk.
I trust this satisfies your inquiry.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 41
Notice of Hearing
U.R. Plan Amendment - Waterfront Parcel # 21
(Item No. 31, December 10, 1991)
(Item No. 154, December 23, 1991)
I hereby inform you that a public hearing has been scheduled on
the above matter. This hearing is to be held before the Common Council at its
regular meeting of January 7, 1992, at 2:00 P.M., in the Council Chamber. The
notice of hearing was properly published, on December 13th in the Buffalo News,
and a copy of said publications are attached hereto.
RECEIVED AND FILED.
No. 42
Take from Table
U.R. Plan Amendment- Waterfront Parcel # 21
(Item No. 31, C.C.P., December 10, 1991)
(Item No. 154 , C.C.P., December 23, 1991)
Mr. Fahey moved that the above Item (No. 154, C.C.P. December
23, 1991), which is the subject of a hearing scheduled for this day before the
Common Council, is hereby taken from the table, and is now before the Common
Council for its consideration.
Seconded by Mr. Coppola.
ADOPTED.
No. 43
Hearing
U.R. Plan Amendment- Waterfront Parcel # 21
(Item No. 31, C.C.P., December 10, 1991)
(Item No. 154, C.C.P. December 23, 1991)
Mr. Fahey moved that the above item is properly before the Common
Council and the hearing be opened.
Appearances
In favor David Sengbush, Department of Community Development
James MaGavern, Director Hearing & Speech Center
Janet Mahar, Director Hearing & Speech Center
Opposed None.
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey moved that:
WHEREAS, the Urban Renewal Plan for the Waterfront Redevelopment Project
NYR-35 was duly approved by the Common Council on October 22, 1963 and
subsequently amended; and
WHEREAS, the Common Council has the power to amend this Plan pursuant to
Section F, "Procedure for Changes in the Approved Urban Renewal Plan"; and
WHEREAS, the City of Buffalo and/or the Urban Renewal Agency has entered
into a Loan and Capital Grant Contract # NYR-35 (G & L) with the United States
of America; and
WHEREAS, the City Planning Board, after holding the required public
hearing has approved the proposed major modifications of the Plan; and
WHEREAS, a public hearing was held by the Common Council;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Buffalo:
1. That the Urban Renewal Plan for the Waterfront Redevelopment Project
NYR-35 dated October 22, 1963, as amended, is hereby modified in accordance
with the recommendations of the City Planning Board;
2. That the Urban Renewal Plan as modified, and herein made a part of these
proceedings has been duly reviewed, considered and is hereby approved;
3. That the Commissioner of Community Development is here by authorized to
make such modifications in the maps, which are a part of the Urban Renewal Plan
to accurately reflect detailing as may be required;
4. That the Commissioner of Community Development is hereby directed to file a
copy of the Urban Renewal Plan for the Waterfront Redevelopment Project NYR-35
as herein modified with the City Clerk.
5. That the Mayor is hereby authorized to Execute any deeds or other documents
as approved by the Corporation Counsel.
Seconded by Mr. Zuchlewski.
PASSED.
AYES - 12 NOES - 0.
No. 44
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
1239 Niagara St. Images Cafe Images Cafe, Inc.
RECEIVED AND FILED.
No. 45
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in the various departments as
listed:
Public Works- M. Schieber, R. McGuire
Police- R. McGregor
Community Development- R. Roesler
Human Resources- G. Kozlowski
RECEIVED AND FILED.
No. 46
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:
Civil Service Commission
RECEIVED AND FILED.
No. 47
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 DEPARTMENT OF PUBLIC WORKS
Appointment to become effective December 27 in the Dept. of Public
Works Division of Water Thomas E.. Caulfield 110 McKinley Parkway Buffalo, New
York 14220 to the position of Water Service Worker Seasonal at the starting
salary of $6.02/Hr.
Appointment to become effective: December 23, 1991 in the Department of Public
Works Division of Buildings Charles R. Isch 288 Marilla Street, Buffalo 14220
to the position of Senior First Class Stationary Engineer ,Temporary at the
starting salary of $7.05/Hr.
Appointment to become effective: December 23, 1991 in the Department of Public
Works Division of Water Christopher J. Maggio 301 Potomac Avenue Buffalo, New
York 14213 to the position of Machine Operator-Water, Permanent at the starting
salary of $18,319
Appointment to become effective: December 19, 1991 in the Department of Public
Works Division of Buildings James P. Gallagher 161 Bloomfield Avenue Buffalo
14220 to the position of License Inspector, Permanent at the starting salary
of $23,415.
FROM THE DEPARTMENT OF PARKS
Appointment to become effective December 30, 1991 in the Department
of Parks William F. Durfee 809 McKinley Pkwy. Buffalo 14220 to the position of
Park Utility Worker, Permanent at the starting salary of $19,916.
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment to become effective: December 30, 1991 in the Department
of Administration and Finance Division of Parking Enforcement Garth S. HueIs
226 Comstock Avenue Buffalo, NY 14215 to the Position of Laborer I, Seasonal at
the starting salary of $5.98/hr.
Appointment to become effective: December 30, 1991 in the Department of
Administration and Finance Division of Parking Enforcement to the position of
Laborer I, Seasonal at the starting salary of $5.98/hr
Timothy J. Gorman 1240 Delaware Ave. # 206 Buffalo, NY 14209
Harold E. Lipinski, Jr. 18 Stone Street Buffalo, NY 14212
Lech Sol 126 Herkimer Street Buffalo, NY 14213
Brendan Flanagan 566 West Avenue Buffalo, NY 14213
Appointment to become effective January 6, 1992 in the Department of
Administration and Finance Division of Parking Enforcement to the Position of
Laborer I, Seasonal at the starting salary of $5.98/hr.
Brian D. Lackenmier 23 Rutland Street Buffalo, NY 14220
Marc D. Priore 38 Wildwood Place Buffalo, NY 14210
Appointment to become effective 12/23/91 in the Department of Administration
and Finance Division of Parking Enforcement to the position of Parking
Enforcement Officer, Permanent at the starting Salary of $17,635
Michael J. Bucholz 58 Briggs Avenue, Buffalo, NY 14207
John J. Geisel, Jr. 114 Tuscarora Road Buffalo, NY 14220
Appointment to become effective January 6, 1992 in the Department of
Administration and Finance Division of Parking Enforcement Rick S. Smardz 125
Shepard Street, Buffalo, NY 14212 to the position of Parking Enforcement
Officer, Permanent at the starting salary of $17,635
Appointment to become effective January 6, 1992 in the Department of
Administration and Finance Division of Parking Enforcement Lori A. Hahn 67
Sidway Street Buffalo, NY 14210 to the position of Data Control Clerk,
Permanent at the starting salary of $19,411.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective December 23, 1991 in the Department
of Human Resources, Division of Youth to the position of Attendant, temporary
at the starting salary of $4.25/hr
Kenneth R Bachmann, Jr. 24 Bridgeman St. Buffalo NY 14207
Roberta M. Lewis 53 Freeman Buffalo NY 14215
Ronald W. Pugh, Jr. 100 Blaine St. Buffalo NY 14208
Helen Sciolino 30 Tremont Ave. Buffalo NY 14213
Appointment to become effective December 26, 1991 in the Department of Human
Resources Division of Youth to the position of Youth Worker, Temporary at the
starting salary of $4.25/Hr.
James F. Ralston 216 Ross Avenue, Buffalo, NY 14207
Lawrence Jay 59 Brownell Street, Buffalo, NY 14212
Appointment to become effective January 2, 1992 in the Department of Human
Resources Division of Youth Daniel P. Bohen 156 McKinley Pkwy. Buffalo, NY
14220 to the position of Youth Worker, Temporary at the starting salary of
$4.25/Hr.
Appointment to become effective December 23, 1991 in the Department of Human
Resources Division of Youth Aleece J. Burdine 1442 Jefferson Ave., Buffalo NY
14208 to the position of Lifeguard, temporary at the starting salary of
$5.00/hr
Appointment to become effective December 26, 1991 in the Department of Human
Resources Division of Substance Abuse Services Nathanial Harbin 411 Emslie St.
Buffalo 14206 to the position of Substance Abuse Specialist, Permanent at the
starting salary of $20,329.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 48
THE BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Information on Pilot Field Tent Party Revenue
Item # 169, C.C.P. 12/23/91
The lease agreement between the Bisons and City does not adequately
define all the varieties of food service in the building or on the premises.
The tent area is now served by an expanded concession building. However,
tent parties fall into two categories: (l) those gatherings where patrons
purchase food and drink from the concession stand, and (2) those gatherings
where patrons enter into a contract with the Stadium Club for a pre-determined
menu and price.
With regard to the Resolution in Item # 169 C.C.P. 12/23/91, the
resolution contains two questions. The answer to each question is "Yes".
However, revenue to the City from tent parties may either fall under the 15%
concession share, or the 5% excess revenue share.
In order to clarify this fine distinction for future audits, the Division
of Stadium & Aud is considering issuing written specifications clarifying the
concession rights of the parties, which will be attached as an Exhibit to the
lease, as per the rights of the City under Paragraph 12 of the lease. The
proposal will clarify the two types of tent parties and commit to writing what
has been a customary practice for the last four years.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Information on Light Industrial Land Availability
Item # 177 C.C.P. 12/23/91
In response to the Common Council Resolution #177 C.C.P. 12/23/91
regarding industrial park land availability, please be advised that the
Department of Community Development administers the various City industrial
parks designation process.
The Buffalo Free Trade Complex is administered by the BEDC on property
owned by the ECIDA which is the former site of the American Standard plant. At
present, a multi-tenant 77,000 sq. ft. incubator building is under construction
on 7 acres at this site, and a 4 acre site is reserved for construction of a
50,000 sq. ft. second incubator building pending receipt of an EDA Public Works
grant. No property at this site is available for sale due to the expensive
removal of underground obstructions required for new construction.
The Department of Community Development should be able to report on the
status of the Thruway Industrial Park and the New Buffalo Industrial Park.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 50
Buffalo Place Inc.
New Signs - City Entryways CCP 170 December 23, 1991
Buffalo Place Inc. appreciates the opportunity to respond to the
New Signs - City Entryway resolution submitted by Council Member Coppola. We
have been very involved in signage at downtown entryways through the Downtown
Visiter Signage Committee which submitted its report to the Common Council last
year.
BPI agrees that the Kensington Expressway is one of the major gateways to
Buffalo and also to downtown. We would add the suggestion that exit signs
leading from 1-90 to route 33 include "Downtown" as well as "Buffalo West."
We understand that many visitors to downtown end up taking I-190 which is a
longer route and a toll road because they don't know that 33 leads right into
downtown. Route 90 exit signage is controlled by the Thruway Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
DEVELOPMENT DOWNTOWN INCORPORATED
Establish South Main Street Development Corp.
Item # 203, C.C.P., 9/17/91
Resolution # 203, C.C.P., 9/17/91 requested a report on the feasibility
and desirability of establishing a South Main Street Development Corporation as
a follow-up to recommendations contained in the COED arena site study report.
The Board of Directors of Development Downtown, Inc. include members from
a cross section of affiliated groups who might serve on such a new corporate
entity (see attached). At the 12/20/91 Board of Directors meeting of DDI, the
issue was discussed by members. By resolution, the Board unanimously agreed to
serve as the planning and development entity for the South Main Street area
contingent on agreement of the Common Council to recognize DDI serving in this
role. The members also agreed that establishing a new Corporation would
generally be duplicative of DDI's past efforts in downtown development.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE
No. 52
Erie County Industrial Development Agency
Response to Request for Information on Light Industrial Planning and Business
Development in Buffalo
Item # 177, C.C.P., December 23, 1991
In response to the subject request which we received notification
of on December 30, 1991, we are pleased to provide the following enclosed
documents relative to business retention and expansion program activities of
the Erie County Industrial Development Agency:
1. The 1991-1992 Overall Economic Development Program (OEDP) Progress
Report. This report is prepared on an annual his and transmitted to the
Council. Section IV of the OEDP provides detailed information on 1990
programmatic activities under the following categories: Financial Assistance
Activities; On-going Land Development Projects; Planning and Implementation of
Development Projects for Target Sites Sites and Facilities; Labor Assistance;
Local Business Assistance; Marketing; Transportation; Communications; and Other
Activities. Programmatic goals and proposed activities under these categories
for 1991 and 1992 are described in Section V of the report and summarized in
the Chart found on pages 57 - 67. Although the report provides information on
Agency activity throughout the County, you will note several specific
references to projects within the City of Buffalo for which the Agency has
provided, or will he providing, financing, planning, land development and other
forms of assistance in support of business retention and expansion.
2. Erie County Industrial Development Agency Summary Statistic and Facts.
1983 - 1991
3. Bond Issues (both federally tax-exempt and state and local tax exempt)
Closed between 1985 and 1991. Projects within the City of Buffalo are
highlighted.
4. Regional Development Corporation Loan Closing List (1985-91). Loans to
companies in the City of Buffalo are highlighted.
5. Geographical Distribution of Industrial Revenue Bonds and Leases since
1971 (through 1990). The Geographic Distribution list for 1991 projects will
he compiled with the Agency's Year-End Report (1991) during January of 1992.
Please note that over 37% of the issues (representing in excess of 42% of total
dollar volume) have been for projects in the City of Buffalo during the period
fro 1971-1990.
Business Development Contact List - City of Buffalo Companies (January 1
6.
1988 - December 31, 1991):
This list indicates that the Agency has contacted
(primarily through face-to-face meetings) over 500 companies located in the
City of Buffalo during the past four years for the purpose of marketing
available retention and expansion assistance.
7. Retention and Expansion Program - Targeted Companies - Cite of Buffalo
(1991): A list of companies within the City of Buffalo to he targeted for
retention/expansion assistance was developed in cooperation with the Buffalo
Enterprise Development Corporation and between July and December of 1991, ECIDA
Business Development personnel made contact with each of these 53 cues.
8. Various Issues of the Agency Newsletter. The Developer, highlighting
Agency activities and specific projects located in the City of Buffalo.
9. Excerpts from Payment-in-lieu-of-Tax and Tax Data Base Study The full
study trace PILOT and tax schedules for all ECIDA property leases (through June
30, 1991) and forecasts payment schedules through the year 2020.
We trust that the enclosed information will be of assistance to the
Council in its review of the significant level and variety of program
activities carried out by the Erie County Industrial Development Agency, all of
which have a their underlying purpose the encouragement of business retention
and expansion.
I would be happy to respond to requests for additional information and/or
to appear before the Council at any time to explain our programs.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 53
KEN/BAILEY N.H.S.
Comments-Restaurant Dancing
License-Cotton Club
I want to thank You for requesting our comments on the application
for a dance license for the New Cotton Club.
At this time, we are not aware of any neighbor complaints in the past
that have been directed to our attention. Therefore, we can make no
substantive comments about the issuance of a dance license at this time.
Thank you for this opportunity to present our concerns. If you have any
questions, please feel free to contact me at 836- 3600.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 54
STATE OF NEW YORK
UNIFIED COURT SYSTEM
SMALL CLAIMS ASSESSMENT REVIEW
& BUFFALO SMALL CLAIMS CASES RESOLUTION
We are in receipt of the resolution of the Common Council adopted
on November 26, 1991 known as No. 132. The District Administrative Judge,
Hon. James B. Kane, has asked me to respond.
Our funding for small claims assessment review was indeed limited by
virtue of the budget crisis. However, we did, in fact, have sufficient funds
to totally fund the Small Claims Assessment Review (SCAR) Program in this
District. Therefore, all SCAR petitions were, in fact, assigned to arbitrators
for hearings whether they arose in the City of Buffalo or elsewhere in the
Eighth Judicial District.
The anticipated reduction in the staff of the Buffalo City Court,
resulting in reducing or virtually eliminating the small claims cases being
heard in that court, as of this writing has apparently been averted.
On December 11, 1991 the Chief Administrator of the Unified Court System,
Hon. Matthew T. Crosson, advised, in a press release, that the Unified Court
System and the CSEA had reached agreement on deferred compensation for union
members. If this agreement is ratified by the union membership and approved by
the State Legislature, there should be no additional layoffs during the balance
of this fiscal year. This assumes no further cuts in the Unified Court
System's budget by the Legislature or the Governor or any deficiencies caused
by court order. Therefore, the small claims calendar in the Buffalo City Court
will continue to function as it presently does.
Indeed we agree that both the SCAR Program as well as the small claims
jurisdiction of city courts provide a valuable, inexpensive and expedited
method of disposition of litigation for the public. We have always
participated fully in these programs.
We appreciate your concerns. We are grateful that you have made them
known to the Governor and our local delegates to the State Legislature of the
need for adequate funding of these and other important programs within our
courts so that we may well serve our common constituency.
RECEIVED AND FILED.
No. 55
NIAGARA MOHAWK POWER CORP,
Semi -Annual Report
Dewey Ave. Storage Facility
Niagara Mohawk Power Corporation submits the enclosed report in
order to comply with Resolution No. 228 of the Common Council of the City of
Buffalo, filed in the City Clerk's Office on June 5, 1991.
REFERRED TO THE COMMlTTEE ON LEGlSLATION.
No. 56
TRANSWORLD SYSTEMS INC.
Collection of Past Due Accounts
Thank You for this opportunity to explain why I believe the Transworld
System is tailor made to resolve many of the delinquent no-pay problems
confronting the city of Buffalo.
Transworld Systems, Inc. (TSI) is a national company (a division of Union
Corp.) with offices throughout the United States. They have developed a
proven, well-tested system which is highly successful in collecting past due
accounts and effectively eliminates the need to ever use a percentage
collection agency. This fact can best be documented by the amazing growth of
our company, now exceeding over 100 offices nationally, with more than 50,000
clients including many city governments (see attached listings).
The concept of effective professional third-party intervention in handling
delinquent accounts will be particularly effective in pursuing those parking
ticket violators who have not paid their fines by a specific time. '151 does
'work on a rather impersonal basis within an established time frame, making it
much easier for the average violator to accept our "demand transmittals" in the
mail (total of five; ten days apart) as opposed to a typical collector phoning
them at hoc and/or at work with maybe one letter being sent.
The advantages of the Transworld System are:
1- All individual accounts/debts are collected for a one-time, low, flat fee
of less than $10.00 regardless of the amount owed or the debtor's location
(we'll go anywhere in the English speaking world).
2- All violators are instructed to pay the city directly (not to the
collection agency which is usually the case and they are permitted by law to
hang onto those names for up to sixty days)!
3- Your office maintains complete control over the entire collection
process.
4- Monthly progress reports listing all of the debtors assigned. This status
report further shows the amount and age of the debt, current status of each
account as well as overall performance on our service to date (see samples
attached).
5- Savings of over 50% in clerical and billing costs pursuing these
delinquent accounts.
6- Average recovery rate is twice that of any conventional collection agency
and at one sixth the cost.
7- Legal protection, a "Hold Harmless Agreement", completely indemnifies and
protects you with respect to all federal and New York State credit collections
statutes.
8- Complete follow-through with court action if warranted. Attorney fees
and court costs would be advanced by "Credit Management Services", a branch of
TSI, with the commission set by the recommended American Collectors Association
standard.
9- Personalized service by a local account executive.
10- 100% profit guarantee of every dollar invested in Transworld Systems,
Inc. (it's part of our contract).
I look forward to meeting with you soon and to explain our system in greater
detail and, of course, answer any questions you may have.
REFERRED TO THE COMMITTEE ON FINANCE.
PETITIONS
No. 57
Meeiling Ngork, tenant, petition to use 3162 Bailey Avenue for a take-out
Restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
RESOLUTIONS
No. 58
BY: MR. AMOS
APPOINTMENT OF LEGISLATIVE ASSISTANT
RESOLVED: That this Common Council does hereby appoint Nicholas
W. Hicks, 160 Niagara St., Apt. # 304, Buffalo, N.Y. 14201, to the position of
Legislative Assistant to University District Council Member Archie Amos, Jr.,
effective January 7, 1992.
ADOPTED.
No. 59
BY: MR. ARTHUR
REQUEST REPORTS -- ARENA ROLLER RINK
WHEREAS: On Saturday night December 28, 1991 in an incident which
occurred- at Arena Roller Rink, located at Amherst near Main Street, a parent
who had gone to Arena to pick up her daughter was beaten by a gang of youths;
and
WHEREAS: The local news media has done a very poor job of reporting the
details of the incident; and
WHEREAS: Reports of teenage violence have been ever increasing at the Arena
Roller Rink, with the owners taking the attitude that they are not responsible
for what occurs after individuals have been dismissed and are outside of the
Arena Roller Rink. This is their attitude, despite the fact that the facility
is used as a dance hall, thus inviting the presence of under-age youth and
adults alike, with clientele ranging in age from ID to 40 years attending
events and being dismissed at 12:00 and 1:00 o'clock in the morning.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council calls on Police Commissioner Degenhart to investigate and
make a full report to this honorable body on the incident which occurred on
12/28/91 including, any criminal charges that could be leveled against the
perpetrators; and
BE IT FURTHER RESOLVED THAT: This Common Council calls on the Director of the
Division for Youth to report to this honorable body any complaints which have
been filed against Arena Roller Rink in this or any other case; and
BE IT FINALLY RESOLVED THAT: This Common Council calls on the Director of
Licenses to enumerate the number of licenses issued for the operation at Arena
Roller Rink, and to ascertain, and report to this body, whether any violations
of said licenses exist and/or have occurred.
ADOPTED.
No. 60
BY: MR. ARTHUR
REQUEST REPORT FROM AMBULANCE BOARD
GRANTING OF CITY-WIDE OPERATIONS TO
LaSALLE AND FUTURE PLANS
WHEREAS: Gold Cross Ambulance has recently ceased operations in
the City of Buffalo, leaving LaSalle Ambulance as the only Ambulance company
serving the entire City of Buffalo; and
WHEREAS: It has been suggested that the City of Buffalo may withdraw from
the current 911 emergency medical system, opting instead to have a private
concern dispatch Ambulances to medical emergencies in the City of Buffalo; and
WHEREAS: If this were to happen, there is concern that cost and response
time would increase, leaving City residents at the mercy of one lone operator.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council requests a report from the Ambulance Board explaining: (1)
Why LaSalle is the only Ambulance company presently serving the City of
Buffalo; (2) whether the Ambulance Board plans any changes to the current
arrangement with LaSalle, such as dividing the City into zones and inviting
other Ambulance operators to provide services within the City; and (3) Whether
there are plans to allow a private concern to have exclusive dispatch rights
over Ambulance service in the City of Buffalo.
ADOPTED.
No. 61
BY: MESSRS. ARTHUR, AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY,
FRANCZYK, HIGGINS, PERLA, PITTS ZUCHLEWSKI AND MRS. LoTEMPIO
RE: APPOINTMENTS TO PUBLIC ACCESS POLICY BOARD
WHEREAS: The rules and regulations of the Public Access TV Policy
Board contain a provision for the Common Council to appoint 13 members: and
WHEREAS: Those rules and regulations were recently amended to change the term
of Policy Board membership from one to two years, and to allow members to serve
for an unlimited number of terms;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council appoint the following individuals to the Public Access
Policy Board for two-year terms that expire on December 31, 1993:
John E. Smith nominated by Council President Arthur
225 Hastings Ave.
Stan Coleman nominated by Councilmember Amos
108 Leonard St.
Mark Skierczynski nominated by Councilmember Bakos
474 South Ogden
Charles McGriff nominated by Councilmember Bell
171 Lexington Ave.
Zettie Young nominated by Councilmember Collins
42 Winslow Ave.
Anne Costello nominated by Councilmember Coppola
89 Woodward Ave.
James Worth nominated by Councilmember Fahey
195 Highgate Ave.
Brian Springer nominated by Councilmember Franczyk
745 Main St.
Pat Irvin nominated by Councilmember Higgins
75 Harding Rd.
Tony Conrad nominated by Councilmember LoTempio
129 Prospect Ave.
Jay Burney nominated by Councilmember PerIa
171 Vermont St.
William Miles nominated by Councilmember Pitts
3 Lafayette Sq.
Barbara Rowe nominated by Councilmember Zuchlewski
33 Bird Ave.
ADOPTED.
No. 62
BY MR. BELL
Discharge Item from Economic Development Committee
Item No. 73, C.C.P. 12/23/91 - Contract with BURA to Manage
Constr. of Fountain Plaza
Whereas: The above item is presently before the Economic Development
Committee, and
Whereas: It is no longer necessary for this item to be considered by that
Committee;
Now, Therefore, Be It Resolved, that this Common Council does hereby
Discharge the Economic Development Committee from further consideration of the
above item, and said item is now before the Council.
CARRIED.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development
dated December 19, 1991 be received and filed; and
That the Mayor be and he hereby is authorized to enter into a contract
with the City of Buffalo Urban Renewal Agency allowing BURA to act as the
City's agent for the construction of the Fountain Plaza project, including all
phases of design, contracting, construction management and inspection; and
That the Comptroller be and he hereby is authorized to transfer
$250,000.00 from the Capital Projects Account # 200-717-036 to the Buffalo
Urban Renewal Agency Project Account # 92-40200.
Seconded By Mr. Bell.
PASSED.
AYES - ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI - 8.
NOES - AMOS, COLLINS, COPPOLA, PITTS - 4.
No. 63
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $30,000 SCHOOL SERIAL BONDS OF SAID CITY, TO FINANCE THE COST
OF THE RECONSTRUCTION OF CAFETERIA ROOF AT SCHOOL 53, AT THE ESTIMATED MAXIMUM
COST OF 30,000.
(Account 299-970-087)
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 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"); to finance the cost of the
reconstruction of cafeteria roof at School 53, 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 THIRTY THOUSAND DOLLARS
($30,000) as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1991-92.
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 Board of Education, "Reconstruction of Various Buildings 1991-92," Bond
Authorization Account No. 299-970-087, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. a of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a.
12.(a)(1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of she 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 64
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $35,000 SCHOOL SERIAL BONDS OF SAID CITY, TO FINANCE THE COST
OF RECONSTRUCTION OF THE ROOF AT THE JOSEPH F. JONES SERVICE CENTER, AT THE
ESTIMATED MAXIMUM COST OF $35,000.
(Account 299-970-087)
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 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"); to finance the cost of
reconstruction of the roof at the Joseph F. Jones Service Center, 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
Thirty-Five Thousand Dollars ($35,000) as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1991-92.
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 Board of Education, "Reconstruction of Various Buildings 1991-92," Bond
Authorization Account No. 299-970-087, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "B" construction as defined by
Section 11.00 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) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 65
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $39,000 SCHOOL SERIAL BONDS OF SAID CITY, TO FINANCE THE COST
OF THE INSTALLATION OF A TELEPHONE SYSTEM AT SCHOOL 12, AT THE ESTIMATED
MAXIMUM COST OF $39,000.
(Account 299-970-087)
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 Thirty-Nine
Thousand Dollars ($39,000), 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 purchase
and installation of a modernized telephone system at School 12. 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 Thirty Nine Thousand Dollars
($39,000) as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1991-92.
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 Board of Education, "Reconstruction of Various Buildings 1991-92," Bond
Authorization Account No. 299-970-087, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 25 of the Local Finance Law, is ten
(10) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d~ 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 66
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $46,000 SCHOOL SERIAL BONDS OF SAID CITY, TO FINANCE THE COST
OF THE INSTALLATION OF A TELEPHONE SYSTEM AT
SCHOOL 72, AT THE ESTIMATED MAXIMUM COST OF $46,000.
(Account 299-970-087)
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-Six
Thousand Dollars ($46,000), 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 purchase
and installation of a modernized telephone system at School 72. 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 Forty-Six Thousand Dollars
($46,000) as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1991-92.
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 Board of Education, "Reconstruction of Various Buildings 1991-92," Bond
Authorization Account No. 299-970-087, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 25 of the Local Finance Law, is ten
(10) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 67
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $150,000 SCHOOL SERIAL BONDS OF SAID CITY, TO FINANCE THE COST
OF THE RECONSTRUCTION OF ROOF AT FULTON ACADEMY
AT THE ESTIMATED MAXIMUM COST $150,000.
(Account 299-970-087)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of One Hundred
Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"); to finance the cost of
the reconstruction of the roof at Fulton Academy, 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 One Hundred Fifty
Thousand Dollars ($150,000) as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1991-92.
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 Board of Education, "Reconstruction of Various Buildings 1991-1992," Bond
Authorization Account No. 299-970-087, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. a of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a.
12. (a)(2) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 68
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $300,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE RECONSTRUCTION OF THE
SOUTHSIDE PARKWAY BRIDGE, AT THE ESTIMATED MAXIMUM COST OF $300,000
(Account 201-401-004)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Three Hundred Thousand Dollars ($300,000), 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 reconstruction of the Southside Parkway Bridge over Cazenovia Creek,
including steel, concrete and piling reconstruction. 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 Three Hundred Thousand Dollars ($300,000)
as set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1991-92.
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 Engineering, "Reconstruction of
Southside Parkway Bridge 1991-92," Bond Authorization Account No. 201-401-004,
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 10. of the Local Finance Law, is
twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992.
LAID ON THE TABLE.
No. 69
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $300,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE RECONSTRUCTION OF THE
STEVENSON STREET BRIDGE, AT THE ESTIMATED MAXIMUM COST OF $300,000.
(Account 201-401-002)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Three Hundred Thousand Dollars ($300,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of reconstruction of the Stevenson Street Bridge over Cazenovia Creek. 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 Three Hundred Thousand
Dollars ($300,000) as set forth in the duly adopted Capital Improvements Budget
of said City for fiscal year 1991-92.
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 Engineering, "Reconstruction of
Stevenson St. Bridge 1991-92," Bond Authorization Account No. 200-401-002, and
shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 10. of the Local Finance Law, is
twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 70
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $360,000 SCHOOL SERIAL BONDS OF SAID CITY IN ADDITION TO
$440,000 SERIAL BONDS HERETOFORE AUTHORIZED AND $30,000 CURRENT FUNDS
HERETOFORE APPROPRIATED THEREFOR
TO FINANCE THE COST OF THE CONSTRUCTION OF AN ADDITION TO AND PARTIAL
RECONSTRUCTION OF SCHOOL #74, AT THE ESTIMATED MAXIMUM COST OF $830,000.
(Account 299-970-074)
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 Three Hundred
Sixty Thousand Dollars ($360,000) in addition to $440,000 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"); in addition to $30,000 current funds
heretofore appropriated, to finance the cost of the construction of an addition
to and partial reconstruction of School #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 $830,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1991-92.
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 1991-1992," Bond Authorization Account
No. 299-970-074, and shall be used for the purpose specified in Section 1 of
this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to existing building is of
Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and
the specific object or purpose for which the bonds authorized by this
resolution are to be issued, within the limitations of Section 11.00 (a) 12.
(a) (1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to
be provided as a downpayment prior to the issuance of the bonds authorized by
this resolution or any bond anticipation notes issued in anticipation therefor
in accordance with Section 107.00 d. 9 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 71
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $500,000 SCHOOL SERIAL BONDS OF SAID CITY, IN ADDITION TO
$435,000 SERIAL BONDS HERETOFORE AUTHORIZED THEREFOR AND $25,000 CURRENT FUNDS
HERETOFORE APPROPRIATED THEREFOR, TO FINANCE THE COST OF PARTIAL RECONSTRUCTION
OF SCHOOL NO. 33, AT THE ESTIMATED MAXIMUM COST OF $960,000.
(Account 299-970-073)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of Five Hundred
Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); in addition to $435,000 serial bonds
heretofore authorized therefor, and $25,000 current funds heretofore
appropriated therefor; to finance the cost of partial reconstruction of School
No. 33 to provide for 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 $960,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1991-92.
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 No. 33 1991-92," Bond Authorization
Account No. 299-970-073, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. a of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
12.a(1) of the Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation therefor in accordance with
Section 107.00 d. 9 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992.
LAID ON THE TABLE.
No. 72
BY MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $500,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY IN
ADDITION TO $1,710,000 SERIAL BONDS HERETOFORE AUTHORIZED THEREFOR, $90,000
CURRENT FUNDS HERETOFORE APPROPRIATED THEREFOR, TO FINANCE THE COST OF THE
RECONSTRUCTION OF THE OHIO STREET LIFT BRIDGE, PHASE III, AT THE ESTIMATED
MAXIMUM COST OF $2,300,000.
(Account 200-401-084)
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
Five Hundred Thousand Dollars ($500,000), in addition to $1,710,000 serial
bonds heretofore authorized therefor, pursuant to the provisions of the Charter
of said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"); in addition to $90,000
current funds heretofore appropriated therefor; to finance the cost of
reconstruction of the Ohio Street Lift Bridge Phase III, including improvements
to the mechanical and electrical systems. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $2,300,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1991-92.
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, "Reconstruction of Ohio Street Lift Bridge Phase III
1991-1992," Bond Authorization Account No. 200-401-084, and shall be used for
the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 10 of the Local Finance Law, is
twenty (20) years, however the proposed maturity of the bonds shall not extend
beyond June 1, 2009.
(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 therefor in accordance with
Section 107.00 d. 9 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992
LAID ON THE TABLE.
No. 73
BY: MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $600,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE RECONSTRUCTION OF THE LOUISIANA STREET VIADUCT, AT THE
ESTIMATED MAXIMUM COST OF $600,000.
(Account 200-401-003)
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
Six Hundred Thousand Dollars ($600,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of the reconstruction of the Louisiana Street Viaduct over Conrail and Niagara
Thruway, including concrete and deck reconstruction. The estimated maximum cost
of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $600,000 (Six Hundred Thousand Dollars)
as set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1991-92.
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 Engineering, "Reconstruction of
Louisiana St. Viaduct 1991-92," Bond Authorization Account No. 200-401-003, and
shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 10 of the Local Finance Law, is
twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by 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 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992.
LAID ON THE TABLE.
No. 74
BY : MR. COLLINS:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $1,500,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, IN
ADDITION TO $855,000 SERIAL BONDS HERETOFORE AUTHORIZED THEREFOR, AND $45,000
CURRENT FUNDS HERETOFORE APPROPRIATED THEREFOR, TO FINANCE THE COST OF
RECONSTRUCTION OF THE ERIE BASIN MARINA PHASE III, AT THE ESTIMATED MAXIMUM
COST OF $2,400,000.
(Account No. 200-401-088)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York, is hereby authorized and directed to issue General Improvement
Serial Bonds of said City in the principal amount of 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"); in addition to $855,000
serial bonds heretofore authorized therefor, and $45,000 current funds
heretofore appropriated therefor, to finance the cost of reconstruction of the
Erie Basin Marina Phase III, including dock, waterline and sidewalk
reconstruction. The estimated maximum cost of said specific object or purpose
for which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$2,400,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1991-92.
Section 2. The proceeds of the sale of the bonds authorized by the
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, "Reconstruction of Erie Basin Marina Phase III
1991-92," Bond Authorization Account No. 200-401-088 and shall be used for the
purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the marina
reconstruction for which the bonds authorized by this resolution are to be
issued, within the limitations of Section 11.00 a. 7. of the Local Finance Law,
is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation therefor in accordance with
Section 107.00 d. 9 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds
may be contested only if:
1. Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
2. The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
3. Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JAN 7, 1992.
LAID ON THE TABLE.
No. 75
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
$175,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements 175.000
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $175.000
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $175.000
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
063 - Reconstruction of Various Swimming and
and Diving Pools $175.000
PASSED.
AYES - 12 NOES - 0.
No. 76
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 307-11 -
PARKING VIOLATIONS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That 5307-11 of Chapter 307 of the Code of the City of Buffalo be amended
to read as follows:
5307-11 Schedule of fines and penalties.
A. The schedule of fines and penalties shall be as follows:
Violation Fine
Failure to deposit required [$8.00] $10.00
coins in a parking meter, overtime parking
in a metered space
or other meter violation
Parking prohibited on bus routes [$12.00] $15.00
during certain hours
B. Additional penalties. Penalties shall be added to the fine for late
payment as follows:
Original fine
[$8.00] $10.00 [$12.00] $15.00 $30.00
[$35.00] $50.00
After [10] 8 days
[16.00] [20.00] 30.00 [24.00] [30.00] 40.00 [35.00] 70.00 [40.00] 110.00
After defauIt judgement entered
[50.00] 50.00 [50.00] [50.00] 60.00 [50.00] 90.00 [50.00]
130.00
In addition to the above fines, a $5.00 surcharge has been levied by the State
of New York over and above these amounts.
This ordinance shall take effect April 1, 1992.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 77
BY: MR. COPPOLA
FORGIVENESS OF $1.96 M
LOAN FOR OLYMPIC TOWERS
WHEREAS: Revenues from state and federal sources have shrunk to
a fraction of past levels causing, in part, the tax increase of this past year
on the citizens of Buffalo; and
WHEREAS: The city of Buffalo has placed the highest priority on "cutback
management practices" in order to be responsible in conducting city business;
and
WHEREAS: The board of directors of Development Downtown Incorporated
approved "prepayment" of the $1.96 million second mortgage on Olympic Towers in
exchange for office space; and
WHEREAS: This decision does not appear to be in the best interest of
Buffalo's taxpayers as such a decision could possibly exacerbate the
complicated maze of public benefit corporations known as the Buffalo
Development Companies by further fragmenting administration, operation, and
oversight control of city development agencies; and
WHEREAS: A dangerous precedent would be set by allowing such an action to
occur, while elevating the status and credibility of certain agencies and
individuals involved.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests the following issues be addressed by Charles F.
Rosenow, President of Development Downtown Incorporated:
1. Definition of prepayment terms and what form this will take on DDI's
books.
2. Precisely how many square feet of space are necessary for efficient
operation?
3. What form will payment for the new space take and what period of rental
time will the $1.96 million cover, and what are projected yearly costs
following exhaustion of the initial funds?
4. What will be the disposition of the nearly 3,000 square feet of space
slated to be vacated?
5. What rent if any is paid to the city for the use of the current space?
6. Are utilities include in the rental cost?
7. What are the anticipated costs of relocation?
8. Why has Mr. Rosenow not considered vacant space owned by the city? In
particular, the recently vacated BMHA offices on the same floor where DDI and
BEDC are now located, which could easily double if not triple their current
space.
ADOPTED.
No. 78
BY MR. FAHEY
Councilmember PerIa Excused from Meeting
That Councilmember Carl PerIa, be and he hereby is excused from
attendance at the Council meeting of January 7, 1992, due to his absence from
the city.
ADOPTED.
No. 79
BY MR. FAHEY
Appointment of Marriage Officers
Pursuant to Chapter 49 of the Laws of New York (1988), which allows
a governing body the right to appoint one or more Marriage Officers, who have
the authority to solemnize marriages, I am requesting the appointment of the
following persons whose appointment as a Marriage Officers shall expire at the
end of their elected terms of office.
Archie L. Amos, Jr.
George K. Arthur
Norman Bakos
Clifford Bell
David A. Collins
Eugene Fahey
David A. Franczyk
Rosemarie LoTempio
James W. Pitts
Dale Zuchlewski
ADOPTED.
No. 80
BY: MR. FAHEY
New York Youth Commission Projects
WHEREAS, it is the intent of the Common Council of the City of
Buffalo to establish a Youth Board, Youth Services and Recreation programs for
the period of January 1, 1992 through December 31, 1992,
AND, WHEREAS, the City of Buffalo is about to sat an application for such
projects to the New York State Division For Youth for its approval and as
above, I do hereby subscribe to the New York State Division For Youth for
partial reimbursement not to exceed $307,420.00 of funds expended on such
projects as provided by State Law S-12356.
NOW, THEREFORE, BE IT RESOLVED that such application is in all respects
approved and James D. Griffin, Mayor, City of Buffalo, is hereby directed and
authorized to duly execute and present the said application to the New York
State Division For Youth for approval.
PASSED.
AYES - 12 NOES - 0.
No. 81
BY: MR. FRANCZYK
STATUS OF BUFFALO SOLID WASTE RECYCLING
WHEREAS: The City of Buffalo spent a great deal of energy and
expense to launch a municipal solid waste recycling program, to deal with the
increasingly difficult problem of picking up and disposing of the growing solid
waste stream; and,
WHEREAS: The city deemed that the old methods of disposing solid waste, namely
landfilling and waste to energy were becoming too costly and detrimental to the
environment; and,
WHEREAS: In order to deal with this problem in a more economical,
environmentally sound manner, the Common Council along with the Department of
Public Works and Streets/Sanitation Department worked to bring about a
comprehensive city-wide residential recycling program, where city residents
source-separated paper, glass, plastics and other materials; and,
WHEREAS: The city ultimately contracted with Integrated Waste Systems, Inc.,
which processed the blue box recyclables, for ultimate sale to markets with the
city sharing the proceeds; and,
WHEREAS: City residents by and large enthusiastically participated in taking
the time and energy to recycle their disposables, as they were urged to by the
city; and,
WHEREAS: Despite general consensus that everybody had to pitch in to make
recycling work there have been numerous reports by citizens that the contents
of their blue boxes were not placed in the special recycling trucks, but the
material was dumped in the packer with the rest of the garbage; and,
WHEREAS: A city resident reported that during the Christmas week pick-up he was
told by a Streets/Sanitation Department employee that out of the entire fleet
of city recycling trucks only "four or five are operational due to
break-downs," and,
WHEREAS: The efficiency, effectiveness and even the future success of
Buffalo's recycling efforts could be seriously jeopardized by the continued
glitches in the system;
NOW THEREFORE BE IT RESOLVED:
That the Common Council invite the Department of Public Works and the
Department of Streets/Sanitation, as well as representatives from Integrated
Waste to report on the effectiveness of Buffalo's solid waste recycling
program. The invited parties are asked to address the problem of truck
break-downs, the nature of the market for recyclables, the percentage of
participation, education of the citizenry, and what plan if any is proposed by
the city to improve the recycling program.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF STREET SANITATION AND INTEGRATED WASTE SYSTEMS.
No. 82
BY MR. FRANCZYK
OPPOSITION TO PLANNED BLOCKADE BY OPERATION RESCUE
WHEREAS: On January 3, 1992, Randall Terry, a national leader
of the Operation Rescue organization announced that the City of Buffalo would
be the site of massive demonstrations similar to that which Operation Rescue
conducted in Wichita, Kansas last summer; and,
WHEREAS: Mr. Terry has stated that his group will conduct the blockades of
women's health clinics in direct violation of a federal court injunction; and,
WHEREAS: The Wichita Police Department estimated that the total city costs
involved in policing the disruptive blockades in that city were $405,439.00;
and,
WHEREAS: The Wichita police also reported 1,734 people were arrested at the
blockades and that 64% of those arrested were out of town activists brought in
by Operation Rescue; and,
WHEREAS: On September 30, 1991, The Buffalo News quoted this City's Mayor as
saying about Mr. Terry, "I will welcome him with open arms;" and,
WHEREAS: This City is currently struggling to close an estimated $15 million
dollar budget gap; and,
WHEREAS: Welcoming the activities of Operation Rescue is in direct
contradiction to the efforts that this City is making to save money, especially
in light of the considerable expenses incurred by Wichita during Operation
Rescue's visit to that city last summer; and,
WHEREAS: There are other legal ways to protest against laws that one may find
objectionable; and,
WHEREAS: The time spent in the destructive and negative protests would be
better spent in fostering educational programs to prevent unwanted pregnancies;
and,
WHEREAS: Not only will Mr. Terry and Operation Rescue willfully break the law
and force the city to expend valuable dollars to uphold the law, but the
blockades will also deny women access to needed health services not necessarily
related to abortion.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council wishes to state for the record that the proposed
activities of Mr. Terry and Operation Rescue will create an enormous fiscal
burden on the tax payers of the City of Buffalo; and,
THEREFORE BE IT FURTHER RESOLVED:
That this Common Council does not condone or welcome any of the illegal actions
vowed by Mr. Terry that will add to the budget crisis of the city and deny tax
payers access to health care.
ADOPTED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES - FAHEY - 1.
No. 83
BY: MESSRS. FRANCZYK & FAHEY
AUTHORIZE TRANSFER OF CITY-OWNED
PROPERTY TO EAST BUFFALO COMMUNITY
OWNERSHIP PROJECT, INC.
WHEREAS: The East Buffalo Community Ownership Project, Inc., [EBCOP]
is in the process of completing a grant application to be submitted by January
15, 1992 for the Low Income Housing Trust Fund program of the New York State
Department of Housing and Community Renewal; and,
WHEREAS: This grant can provide up to $55,000 per unit for rehabilitation of
housing for lower income families; and
WHEREAS: EBCOP would like to incorporate several deteriorated, but still
structurally sound city-owned properties into its grant application; and,
WHEREAS: The buildings proposed for repair and renovation are two vacant, wood
construction, two-family homes located at 905 Smith St. and 1064 Smith St.
which have been already bid for demolition and two wooden buildings in poor
condition containing four units at 1067-1069 Genesee St.
WHEREAS: The EBCOP grant application, if successful, would save the city
demolition costs and place the properties back on the tax rolls; and,
WHEREAS: In order for this non-profit agency to submit an application including
the city-owned buildings EBCOP will need site control; and,
WHEREAS: Effective site control can be obtained through the action of this
Common Council to authorize the Division of Real Estate to sell the properties
for $1.00 each to EBCOP;
NOW THEREFORE BE IT RESOLVED:
That this Common Council authorizes the Division of Real Estate to sell 905
Smith St., 1064 Smith St. and 1067-1069 Genesee St. to the East Buffalo
Community Ownership Project, Inc. for the sum of $1.00; and,
PASSED.
AYES - 12 NOES - 0.
No. 84
BY: MR. HIGGINS
RE: PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Dominic Corigliano
Claim for loss of garbage cans. $30.00
2. Thomas Dovey
Claim for loss of garbage cans. $18.45
3. Kenneth G. and Mary A. Duquette
Claim for refund of expenses incurred as a result of
an administrative error by PVB. $8.65
4. Leroy Edwards
Claim for loss of garbage can. $8.00
5. Kevin M. Galvin
Claim for services rendered to the Zoning Board of
Appeals in the past fiscal year. $39.55
6. Robert L. Honer
Claim for personal property damaged while performing
his duties in the Department of Street Sanitation.
$75.00
7. Pascal in. Mazuca
Claim for clothing damaged while performing his
duties in the Department of Street Sanitation. $55.00
8. Gregory A. Mooney
Claim for loss of garbage can. $9.98
9. Khadidia Tall
Claim for loss of garbage can. $7.95
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES - 12 NOES - 0.
No. 85
BY: MESSRS. HIGGINS AND FAHEY
CITY OF BUFFALO AND HORIZONS WATERFRONT
COMMISSION AGREEMENT TO DESIGN OUTER HARBOR PARK AND SOUTH DISTRICT
GREENWAY TRAIL WATERFRONT DEVELOPMENT PROJECTS
WHEREAS: The City of Buffalo is a party to and participated actively
in the formation of the Horizons Action Plan which is now nearing completion;
and
WHEREAS: Previous local waterfront plans have been drafted with great care
and vision only to be shelved when it came time to implement them; and
WHEREAS: It is incumbent on the City of Buffalo to lead the way in
waterfront redevelopment by generating tangible, public access-oriented
projects which follow through on the vision of the hundreds of people who have
participated in the Horizons process; and
WHEREAS: This Common Council supports and urges the City administration to
participate in a joint funding agreement with the Horizons Waterfront
Commission to finance the design of the proposed 90 acre Outer Harbor
Waterfront Park and the complementing South District Greenway Trail, which will
link South Park and the Buffalo River to the Outer Harbor through a pedestrian
walkway; and
WHEREAS: The design of the Greenway Trail should include consultations with:
the New York State Department of Transportation regarding their Tifft Street
Bridge replacement project; Buffalo Friends of Olmsted regarding their Buffalo
Greenways project which is designed to link Olmsted Parks; and the Industrial
Heritage Committee Inc. regarding their proposed trail which links grain
elevators and other historic structures on the waterfront; and
WHEREAS: The basis for the City's share of the funding can be found in
monies which have already been set aside by the Common Council for waterfront
related development opportunities, totalling $321,967.07; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council supports and urges the Buffalo Urban Renewal Agency (BURA)
to enter into a contract with the Horizons Waterfront Commission for the
purpose of developing design plans and construction specifications for the
proposed Waterfront Park and the complementing Greenway Trail development
projects in accordance with the City of Buffalo's adopted Local Waterfront
Revitalization Program (LWRP); and
BE IT FURTHER RESOLVED THAT:
This Council supports the transfer of the following Community Development Block
Grant project balances as the City of Buffalo contribution to the
aforementioned funding agreement:
$96,750.00 The balance in project line 04200-03 (Buffalo River Education
Center) of Year 15-Community Block Grant Program;
$500.00 The balance in project line 04700-16 (Friends of Buffalo River
Development) of Year 15-Community Block Grant Program;
$120,000.00 The balance in project line 04200-03 (Buffalo River Land Acq. &
Dev.) of Year 16-Community Block Grant Program;
$25,000.00 The balance in project line 50701-16 (Tifft-Hopkins Urban Renewal
Study) of Year 14-Community Block Grant Program;
$9,917.07 The balance in project line 04200-03 (Park Development Buffalo
River) of Year 14-Community Block Grant Program;
$70,000.00 The balance in project line 92700-16 (Waterfront Park Planning) of
Year 16-Community Block Grant Program;
$321,967.07 Total
ADOPTED.
No. 86
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-0 Department of Human Resources is hereby amended by
deleting therefrom:
152 - Veterans Helping Veterans
1 Director of Veterans Affairs $ 31,521
1 Veterans Counselor 15,353- 21,921
1 Typist 17,630- 19,553
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
RECEIVED AND FILED.
No. 87
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-7- URBAN AFFAIRS
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-0 - Department of Human Resources is hereby amended by
deleting therefrom:
50-7 Urban Affairs
001 - Urban Affairs
1 Director of Urban Affairs $ 40,104
1 Affirmative Action-Equal Employment
Opportunity Officer $27,080- 31,678
1 Contract Compliance Monitor 27,080- 31,678
1 Affirmative Action Specialist 22,378- 25,530
1 Stenographic Secretary 21,951- 25,308
1 Senior Stenographer 18,847- 21,178
and further,
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-0 - Department of Human Resources, under the subheading
"003 - Contract Administration," is hereby amended by adding thereto:
1 Affirmative Action-Equal Employment
Opportunity Officer $27,080- 31,678
1 Contract Compliance Monitor 27,080- 31,678
1 Stenographic Secretary 21,951- 25,308
1 Senior Stenographer 18,847- 21,178
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing ordinance is necessary.
We, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the deletion of one (l)
Director of Urban Affairs position and one (l) Affirmative Action Specialist
and the transfer of one (l) Affirmative Action-Equal Employment Opportunity
Officer, one (l) Contract Compliance Monitor, one (l) Stenographic Secretary
and one (l) Senior Stenographer position is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said positions be fixed at the respective
amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
RECEIVED AND FILED.
No. 88
BY: MR. PITTS
PROVIDE PORTABLE STAGING FOR RALLY IN THE ALLEY
WHEREAS: The Rally in the Alley is Western New York's largest
single-event fund raiser for charity; and
WHEREAS: The prime components of the "Rally" are live performances by
featured bands; and
WHEREAS: Staging is an important element for the performances; and
WHEREAS: The City of Buffalo's Parks Department has made portable staging
available to various event sponsors over the years; and
WHEREAS: The Executive Committee of the Rally in the Alley has requested
use of Parks Department staging for their event, with specific reference to use
of the "larger" stage; and
WHEREAS: In recent years, the Rally in the Alley has been held on private
property with minimal need for the provision of special city services; and
WHEREAS: Events such as the Rally in the Alley not only make valuable
contributions to local charities, they also add diversity and enjoyable family
entertainment for local residents and promote the revitalization of downtown
Buffalo.
NOW', THEREFORE, BE IT RESOLVED:
That this Common Council expresses its support for the Rally in the Alley, and,
on behalf of the organization's Executive Committee, requests that the
Department of Parks provide the Rally in the Alley with the "larger" staging
for its event on Sunday, July 26, 1992, subject to conditions set forth by the
Commissioner of Parks.
ADOPTED.
No. 89
BY: MR. ZUCHLEWSKI
TRANSFER 346 AUSTIN TO BURA
WHEREAS: The Department of Human Resources, Division for Youth,
has decided they no longer wish to operate a P.A. L. center located at 346
Austin; and
WHEREAS: It has been requested that this City owned building located at 346
Austin be transferred to the Department of Real Estate for disposition; and
WHEREAS: It would be in the best interest of the surrounding community that
346 Austin be transferred to BURA so that the facility may be refurbished into
residential housing,
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council authorizes the Director of Real Estate to transfer 346
Austin to BURA for the purpose of soliciting competitive proposals for
residential housing.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 90
BY MR. ZUCHLEWSKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
In Memoriam for Joseph R. Rizzo
By Councilmember George K. Arthur
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. 91
BY: MR. ZUCHLEWSKI
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:
Scott E. Hirsch
Jeannette McIlvene
Cynthia A. Sahr
TOTAL: 3
ADOPTED.
No. 92
BY: MR. ZUCHLEWSKI
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:
Debra A. Blando
Nicholas W. Hicks
Mary Anne Lotito
Gaynell Williams
TOTAL: 4
ADOPTED.
No. 93
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, JAN 14, 1992 9:30 AM
FINANCE Tuesday, JAN 14, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, JAN 14, 1992 2:00 PM
ECONOMIC DEV. Wednesday, JAN 15, 1992, 10:00 AM
No. 94
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Collins, the council adjourned
at 4:07 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.