HomeMy WebLinkAbout92-0317
No. 6
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 17, 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 BUDGET
: Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman
M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon.
Joel A. Giambra, Mr. Richard Planavsky.
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, March 17, 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, Perla,
Pitts, and Zuchlewski - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Bell, the minutes of the stated
meeting held February 18, 1992, and the Special Meeting held March 10, 1992,
were approved
FROM THE MAYOR
No. 1
Appointment of Commissioner
of the Department of Community Development
Pursuant to the powers vested in me under Article 14, Section
271 of the Charter of the City of Buffalo, please be advised that I have
appointed, subject to confirmation by Your Honorable Body, Samuel F. Iraci,
Jr., residing at 166 Nicholson Avenue, Buffalo, New York 14216, as Commissioner
of the Department of Community Development, effective March 9, 1992.
Mr. Iraci has served as Deputy Mayor of Buffalo from January 1986 until
the present time. Prior to that, Mr. Iraci served as Director of Labor
Relations from March 1985 until January 1986 and from October 1980 until
October 1984. From October 1984 until March 1985, Mr. Iraci held the position
of Employee Relations Officer for Clark County, Nevada. From April 1978 until
October 1980, Mr. Iraci served as Coordinator of the Office of State and
Federal Aid and from May 1976 until April 1978 as Resource Development
Technician in that same office.
Throughout his career, Mr. Iraci has had extensive experience in the
following areas; working with local, state and federal officials;
interpretation and implementation of state and federal laws and regulations;
negotiations with public and private groups and individuals and public
administration.
Mr. Iraci graduated from Canisius High School in 1968, earned a Bachelor
of Arts Degree in Political Science from Niagara University in 1972 and a
Master of Public Administration Degree from Canisius College in 1991.
Mr. Iraci is married to the former Loraine Sorrento and has three
children: Samuel III (14), Andrew (10) and Jessica (9).
Based on his experience and education, I hereby certify Mr. Iraci is
fully qualified to serve as the City's Commissioner of Community Development.
Your approval is respectfully requested.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 2
Appointment of member of
the Buffalo Sewer Authority
Pursuant to the powers vested in me by Section 1177 of the Public
Authorities Law, I hereby appoint, subject to confirmation by Your Honorable
Body, Kenneth J. Mulhisen, residing at 142 Pomona Place, Buffalo - 14210, as a
member of the Buffalo Sewer Authority effective February 28, 1992 for a term
expiring June 30, 1994. Mr. Mulhisen will succeed Henry J. Hahn who retired on
July 1, 1991.
Kenneth J. Mulhisen holds the full time union office of Business Agent,
Secretary-Treasurer of Local 36, American Federation of Grain Millers. From
January 1978 to 1986, Mr. Mulhisen held the position of President,
Secretary-Treasurer of Local 36, American Federation of Grain Millers.
Ken Mulhisen is a graduate of Kensington High School and has studied at
St. Joseph's Diocesan College, Cornell Advanced Labor School and Erie Community
College. During the period 1947-1957 Mr. Mulhisen served in the military in
the Buffalo National Guard, 149th Trucking Division and the 27th Heavy Truck
Battalion.
Kenneth J. Mulhisen was employed from 1957 to 1988 at International
Multifoods as an hourly production employee, with leave of absence from
1978-1986 for full time union position. He has been employed since 1988 at Con
Agra Milling Company as an hourly production employee, with leave of absence
for full time union position.
I hereby certify that Kenneth J. Mulhisen is fully qualified to serve as
a member of the Buffalo Sewer Authority.
REFERRED TO THE COMMITTEE ON LEGISLATlON.
No. 3
Appointment of member of
Buffalo Preservation Board
Pursuant to the powers vested in me by Article II, Section 337-3,
Part II of the Code of the City of Buffalo, I hereby appoint, subject to
confirmation by Your Honorable Body, Jayne K. Rand, residing at 6 Arlington
Park, Buffalo - 14201, as a member of the Buffalo Preservation Board effective
February 25, 1992 for a term expiring August 31, 1994. Jayne K. Rand will
succeed James M. Krasowski whose term has expired.
Jayne K. Rand, a graduated of the Buffalo Seminary and the University of
Rochester, is a mortgage banker at Marine Midland Bank N.A.
Jayne K. Rand is active in many clubs and organizations:
- Member - Kiwanis Club
- Junior Chamber of Commerce
- The Buffalo Seminary Graduates Association
- The University of Rochester Alumni Association
- Western New York Paralegal Association
- Mortgage Bankers Association of WNY
- American Bankers Association
Director, Rand Capital Corporation
1300 Rand Building
Buffalo, New York
I hereby certify that Jayne K. Rand is fully qualified for appointment to
the Buffalo Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 4
PVB Hours
In response to the Common Council request to open Saturdays for
scheduled hearings and payment of fines, please be advised the bureau cannot
keep up with the increased work load generated from their collection efforts
during regular business hours. Saturdays are utilized to process the volume of
mail, payments, hearing requests, etc. In order to clear up the volume and
keep abreast of the work load, the employees need Saturdays uninterrupted.
As of March 9, 1992 cashiers are entering payments for February 27, 1992;
Scofflaw hearing requests are being processed from February 24, 1992; Regular
hearing requests are being processed from February 25, 1992; Public Service
mail is being processed from February 20, 1992; Original tickets are being
entered with an issue date of February 6, 1992; and approximately 30,000
courtesy letters need to be researched for new addresses.
The alternative, at this point, would be to suggest exparte hearings for any
respondent who cannot appear during regular business hours. An exparte hearing
is held without the presence of the violator. A decision is rendered based on
written testimony in defense to the parking ticket. The bureau presently
informs people, who cannot appear, to request an exparte hearing, and explains
how this procedure is handled. This procedure has been utilized for the past
five years.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 5
Cost of Operation Rescue Visit
Resolution # 170, C.C.P. March 3, 1992
In the event that the "Operation Rescue" group comes to Buffalo
in April as announced earlier this year, the following will take place. Any
unlawful activities undertaken by this group will be enforced by the Buffalo
Police Department and any costs pertaining to this will come from the Police
Department budget. Any auxiliary functions provided by City agencies (Fire
Dept., Streets Dept., etc.) will come from their respective budgets.
We may also look into the possibility of Federal relief as there may be
injunctions and enforcement related to Federal Court Orders.
RECEIVED AND FILED.
No. 6
Renaming of the Cazenovia Park Casino to:
The Peter J. Crotty Casino
I hereby respectfully request that Your Honorable Body will authorize
the renaming of the Cazenovia Park Casino to the Peter J. Crotty Casino.
WHEREAS Peter J. Crotty passed away on March 3, 1992 at the age of 82.
WHEREAS Peter J. Crotty is recognized as a predominant political power on
the National, State and Local levels for approximately the last 50 years.
WHEREAS Peter J. Crotty shall always be remembered as a distinguished
President of the Buffalo Common Council.
WHEREAS Peter J. Crotty shall always be recognized as an exemplary
Chairman of the Erie County Democratic Party for 11 years.
WHEREAS Peter J. Crotty was also a religious and family man, raising
seven children, six of which became lawyers, and dedicated to the improvement
of community standards and ideas.
In consideration of the above mentioned accomplishments and many more, I
am respectfully requesting an expeditious approval by the Common Council.
Mr. Fahey moved that the communication from the Mayor dated March 11,
1992 be Laid on the Table, and
That the City Clerk be and hereby is directed to publish a notice of
hearing pursuant to Section 286-3 of the Ordinances of the City of Buffalo, and
That a public hearing will be held before the Common Council on Tuesday,
March 31, 1992 at 2:00 P.M. to rename the Cazenovia Park Casino as "The Peter
J. Crotty Casino".
Seconded by Mr. Higgins.
ADOPTED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 7
Walden Park Associates - Request to rezone
101 Bakos Blvd. from M1 to R4
Item No. 89, C.C.P., March 3, 1992
The City Planning Board at its regular meeting held Tuesday, March
10, 1992, considered the above petition pursuant to Section 511-126 of the
zoning ordinance, Amendments to the Zoning Ordinance.
The applicant seeks to rezone 265,280.4 square feet (6+ acres) from an M1
to an R4 zone. The purpose of the rezoning will be to have the site conform to
the proposed construction of a 152 unit, low income, senior citizens complex.
It should be noted that this project has been approved as a subdivision by the
City Planning Board on November 26, 1991 pursuant to Section 421 ff of the
Buffalo Code.
The site is located south of Walden Avenue at the city line and will be
accessed by a new street being built by the Department of Public Works. Under
S.E.Q.R., the proposed rezoning is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed rezoning.
RECEIVED AND FILED.
No. 8
E.C.I.D.A. - Request to install four non-illuminated accessory signs at 1200
Niagara Street
Item No. 91, C.C.P., March 3, 1992
The City Planning Board at its regular meeting held Tuesday, March
10, 1992, considered the above application pursuant to Section 511-68 of the
Buffalo Code, Niagara River Coastal Special Review District.
The applicant seeks to place four wall mounted, non-illuminated,
accessory signs on the four sides of the roof top mechanical room of an
existing five-story building. Each sign will measure 4 feet by 7 feet 8
inches, or 30.8 square feet. The total area for the four signs will be
approximately 124 square feet.
The site is located in an M2 zone which permits accessory signage up to
350 square feet or the sum of in square feet for each linear foot of front lot
line, whichever is greater. The proposed signage, in addition to existing
signage on the site, conforms to the prescribed sign areas stated in the code.
Under S.E.Q.R., the proposed sign may be considered a Type II action which
does not require further environmental review.
The Planning Board voted to approve the proposed signs.
RECEIVED AND FILED.
No. 9
Hodge Properties Inc. - Application
to convert an existing store into a
sit-in restaurant
Item No. 92, C.C.P., March 3, 1992
The City Planning Board at its regular meeting held Tuesday, March
10, 1992, considered the above application pursuant to Section 511-56 of the
Buffalo Code, The Elmwood Business District Zone.
The applicant seeks to renovate commercial space next to its existing
restaurant in order to expand the restaurant's operation. The expanded area is
approximately 900 square feet, which is also the area of the existing
restaurant. Therefore, the expanded restaurant will occupy approximately 1800
square feet of floor area. Given this, 12 off-street parking spaces would be
suggested under the code.
The site is located in the Elmwood Business "EB" District which considers
the expansion of eating and drinking places to be restricted uses requiring the
approval of Your Honorable Body. Under S.E.Q.R., the proposed expansion is
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed expansion.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 10
Gates/General Ramps
Income/Costs
Per your request is a summary of debt service and income for Gates
Circle and Buffalo General ramps:
DEBT
1990-1991 1992-1993
Buffalo General $200,440. $188,635.
Gate Circle $252,190. $244,360.
INCOME
1990-1991
Parking Revenue $649,105. $776,512.
Operating Expense -$277,828. $248,540.
Bond Expense -$200,440. $252,190.
1/2 Enterprise Fund -$127,871. $127,871.
Operating Expense to
General Fund
Profit to Fund Reserve $ 42,966. $147,911.
FIRST EIGHT MONTHS IN 1991 - 1992
General Gates
Parking Revenue $406,158. $461,202.
Operating Expense $188,222. $184,123.
Bond Expense $125,756. $162,904.
1/2 Enterprise Fund
Operating Expense to
General Fund $ 66,308. $ 66,308.
Profit to Fund Reserve $ 25,872. $ 47,867.
The Parking Board raised rates at these two facilities effective February
1, 1992. The extra revenue raised is contemplated to help cover the $1 million
plus deficit created in the Parking Enterprise Fund, due to continuing losses
in the downtown parking operations.
If you have any further questions or concerns, please feel free to
contact me.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
Solicitation of Funds -
Federation for the Future
of New York
Item No. 27, C.C.P. 2/4/92
The above captioned item, dealing with application by the Federation
for the Future of New York to solicit funds in Buffalo, was referred to the
Environmental Management Commission, which asks me to make the following
comments.
The Commission states its belief that the prior question of free speech
comes before and makes moot any comment from the Commission about the
environmental worthiness of the Federation for the Future of New York. The
Commission respectfully requests that, in this instance, your Honorable Body
allow it to make its comments from the general perspective of private citizens,
because it is the Commission's view that environmental considerations should
play no role in its comments here.
The Commission believes that government should not stand between its
citizens in their dealings with one another, provided that those dealings are
not illegal, and providing that those dealings are not unwarrantedly intrusive.
In this regard the First Amendment protection of freedom of speech is
fundamental. Because of this fact alone, as City laws now stand, the
Commission would not oppose the granting of all required approvals to the
Federation for solicitation.
The Commission, however, is concerned that the granting of what amounts
to a City of Buffalo license to a group engaged in solicitation may be seen as
City approval and monitoring. The Commission does not testify to the record of
the Federation for the Future of New York, or to how that group will behave in
the future. The licensing of a group to solicit raises some questions which are
not easily answered regarding the perhaps false assurances which licensing
might give to those to whom appeals are made.
RECEIVED AND FILED.
FROM THE EMERGENCY MEDICAL SERVICES BOARD
No. 12
Increases in Rate Structure
At the Buffalo Emergency Medical Services Board meeting held in
Room 209, City Hall on Thursday, March 5, 1992, the Board voted for a rate
increase for ambulance services as follows:
Basic Life Support increased to $218.50
Advanced Life Support increased to 350.50
Mileage increased to 5.45
Oxygen increased to 26.80
Six month surcharge of $28.00 included in the Basic Life Support and the
Advanced Life Support rates is on a six-month basis and will be re-assessed
after six months.
THIS INCREASE IS EFFECTIVE MARCH 6, 1992 at 12:01 A.M.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PEST MANAGEMENT BOARD
No. 13
Elm Leaf Beetle Control Recommendations
We are forwarding to you our recommendations for dealing with
a potential Elm Leaf Beetle infestation in 1992. This represents several
months of intensive work by many volunteers. We hope it is helpful to you in
your decision-making about dealing with this problem. We urge:
1. The Parks Department to adopt this plan in full and begin immediate
implementation;
2. The Common Council hold a public hearing on our recommendations;
The Board remains at your service and ready to work with both the
Executive branch and the Council to tailor this plan to meet the political and
fiscal realities of the city. While this issue is complex and the details of
this report need and deserve further consideration and refinement, we are
certain of several things:
1. The Elm Leaf Beetle is a long-term problem that needs a long-term
systematic solution;
2. While selection of the poison used is important, no program will work
without systematic monitoring, worker training and public education and
participation;
3. Dependence upon Sevin is not the best solution due to:
- the proven and potential health effects of Sevin;
- the age of the Sevin stock owned by the city;
- current inadequate provisions for monitoring, training, staff levels and
equipment which may exacerbate the possible health impacts of Sevin
- the inefficiency of foliar applications given weather conditions and tree
height.
4. The levels of infestation this year are just as likely to be determined
by the effects of weather, predators and insect diseases on the population as
by the City's eradication program.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS.
FROM THE COMPTROLLER
No. 14
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Exempt Items - Water
Enterprise Fund - Water
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $15,500 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items -Water, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, February 24, 1992
RECEIVED AND FILED.
No. 15
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS -
CAPITAL PROJECTS FUND
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 $16,100 be transferred and reappropriated from various accounts
in Appropriation Allotments -Capital Projects Fund - Division of Development,
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, FEBRUARY 24, 1992
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Exempt Items - Water
Enterprise Fund - Water
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $27,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items -Water, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, February 21, 1992
RECEIVED AND FILED.
No. 17
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND
DIVISION OF BUDGET & MANAGEMENT
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 $27,500 be transferred and reappropriated from various accounts
in Capital Projects Fund - Division of Budget & Management, 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, FEBRUARY 25, 1992
RECElVED AND FILED.
No. 18
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS
RESERVED FUND BALANCE
DIVISION OF PARKING ENFORCEMENT
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $70,000 in the estimates for the fiscal year beginning July 1, 1991
is necessary in Appropriation Allotments -Division of Parking Enforcement to
meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will be met from
100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not
otherwise appropriated for any other purpose. The detail of the requirements
are set forth below:
DATED: BUFFALO, NEW YORK, MARCH 2, 1992
RECEIVED AND FILED.
No. 19
Certificate of Necessity
Increased Appropriation Appropriation Allotments
Regular Departments Fringe Benefits
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $17,077,871 in the estimates for the fiscal year beginning July 1,
1991 is necessary in Appropriation Allotments - Regular Departments and Fringe
Benefits to meet a contingency in an amount which could not have been
reasonably foreseen when the budget was adopted. The amount of increased
appropriation will be met from funds received from the proceeds of the sale of
Budget Notes.
The details of the requirements are set forth below:
DATED: BUFFALO, NEW YORK, MARCH 11,1992
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Report of Auction
421 Best, Former Hook & Ladder
# 6 & Engine House # 21
S 25' E Earl Lot Size: 50' x 180'
w/a/p 14' x 50' in SW Corner on Earl
Assessed Val: Land:$ 9,700 Total: $105,000
In accordance with Article 27, Section 513 of the City Charter
this office through the Division of Real Estate offered the above property for
sale at Public Auction on February 20, 1992. Your Honorable Body authorized
the abandonment of this property which was acquired for municipal purposes,
Item # 59, C.C.P. 9/19/89.
The highest bid received was in the amount of Forty-Two Thousand Dollars,
($42,000), by P.B.L. Holdings, Cosimo S. Polino, Jr. of 1008 Main Street,
Buffalo, New York. A deposit in the amount of 10% of the bid has been received.
The balance of the bid price shall be paid in full within 45 days of the
effective date of approval by Your Honorable Body. There is no bond and
mortgage involved.
The most recent appraisal of the property was conducted in February of
1990 by Paul H. Wolf, Jr., Wolf Appraisal Service, Inc., 3411 Delaware Avenue,
Buffalo, New York 14217. At that time the appraiser estimated the fair market
value of the property to be Twenty Thousand Dollars ($20,000).
P.B.L. Holdings intends to improve this property for business and a
warehousing purposes and has submitted their financial ability to do so. Mr.
Polino has also signed an agreement to complete the improvements and bring the
property into code compliance within 18 months after closing on the sale and
transfer of title. A tax and title search or survey will not be provided to
the purchaser. The purchaser will pay for transfer tax, recording fees and
cost of the legal description, if any. There were no costs involved for the
payment of real estate commissions or auctioneer fees for this auction.
The Tax and Demolition Divisions have indicated that there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo by
P.B.L. Holdings, Mr. Cosimo Polino, Jr.
I am recommending that Your Honorable Body approve P.B.L. Holdings' bid,
in the amount of Forty-Two Thousand Dollars, ($42,000), and authorize the Mayor
to execute a deed transferring title to the property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Report of Auction 647 Delavan East, S 70.36' W Dutton
Lot Size: 31. 12' x 125' W
Assessed Val: Land: $ 1,000
Total: $13,800
The above property was offered for sale at public auction on February
20, 1992 after public notice and due advertisement. Terms and conditions of the
auction were established in accordance with the procedures Governing the Sale
of City owned Property, not acquired for a municipal purpose, Item # 198,
Common Council Proceeding of 5/16/78.
The highest bid received was in the amount of Seven Thousand Dollars
($7,000), by Mr. Frank Ricotta of 166 Ralston, Kenmore, New York. A deposit in
the amount of 10% of the bid has been received. The balance of the bid price
shall be paid in full within 45 days of the effective date of approval by Your
Honorable Body. There is no bond and mortgage involved.
Mr. Ricotta intends to renovate and improve this property and has
submitted financial ability to do so. He has indicated that he will remodel
this property and utilize as a rental income. He has also signed an agreement
to complete the improvements and bring the property into code compliance within
18 months after closing on the sale and transfer of title. A tax and title
search or survey will not be provided to the purchaser. The purchaser will pay
for transfer tax, recording fees and cost of the legal description, if any.
There were no costs involved for the payment of real estate commissions or
auctioneer fees for this auction.
The Tax and Demolition Divisions have indicated that there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo by Mr.
Ricotta.
I am recommending that Your Honorable Body approve Mr. Ricotta's bid, in
the amount of Seven Thousand Dollars, ($7,000), and authorize the Mayor to
execute a deed transferring title to the property.
Mr. Fahey moved:
That the above communication from the Comptroller, dated March 11, 1992,
be received and filed; and
That the offer of Frank Ricotta of 166 Ralston, Kenmore, New York, in the
sum of Seven Thousand Dollars ($7000.00) to purchase: 647 Delavan East, S
70.36' W. Dutton, Buffalo, New York, be and hereby is accepted; and
That the recording fees, transfer tax, and cost of legal description will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 22
Report of Auction
47 Dempster, S 460' E Bailey
Lot Size: 60' x 125'
Assessed Val: Land: $3,600
The above property was offered for sale at public auction on February
20, 1992 after public notice and due advertisement. Terms and conditions of the
auction were established in accordance with the procedures Governing the Sale
of City owned Property, not acquired for a municipal purpose, item # 198,
Common Council Proceeding of 5/16/78.
The highest bid received was in the amount of Eight Thousand Five Hundred
Dollars, ($8,500), by Mr. Richard Lehner, Attorney on behalf of Elizabeth
Krygier of 25 Burgard Place, Buffalo, New York 14211. A deposit in the amount
of 10% of the bid has been received. The balance of the bid price shall be
paid in full within 45 days of the effective date of approval by Your Honorable
Body. There is no bond and mortgage involved.
Mrs. Krygier intends to construct a home on this property and has
submitted financial ability to do so. She has also signed an agreement to
complete construction within 18 months after closing on the sale and transfer
of title. A tax and title search or survey will not be provided to the
purchaser. The purchaser will pay for transfer tax, recording fees and cost of
the legal description, if any. There were no costs involved for the payment of
real estate commissions or auctioneer fees for this auction.
The Tax and Demolition Divisions have indicated that there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo by Mrs.
Krygier.
I am recommending that Your Honorable Body approve Mrs. Krygier' s bid,
in the amount of Eight Thousand Five Hundred Dollars, ($8,500), and authorize
the Mayor to execute a deed transferring title to the property.
Mr. Fahey moved:
That the above communication from the Comptroller, dated March 4, 1992,
be received and filed; and
That the offer of Elizabeth Krygier residing at 25 Burgard Place,
Buffalo, New York, 14211, in the sum of Eight Thousand Five Hundred Dollars
($8500.00) to purchase: 47 Dempster, S 460' E: Bailey, Buffalo, New York, be
and hereby is accepted; and
That the recording fees, transfer tax, and cost of legal description will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 23
Report of Auction
203 Hamburg, E 165' N Mackinaw
Lot Size: 25' x 112'
Assessed Val: Land: $350
The above property was offered for sale at public auction on February
20, 1992 after public notice and due advertisement. Terms and conditions Of the
auction were established in accordance with -the procedures Governing the Sale
of City owned Property, not acquired for a municipal purpose, item # 198,
Common Council Proceeding of 5/16/78.
The highest bid received was in the amount of One Thousand Five Hundred
Dollars, ($1,500), by Mr. Donald Tripp of 103 Sidway, Buffalo, New York. A
deposit in the amount of 10% of the bid has been received. The balance of the
bid price shall be paid in full within 45 days of the effective date of
approval by Your Honorable Body. There is no bond and mortgage involved.
Mr. Tripp intends to purchase this property and use for off-street
parking and for extra yard space and has submitted financial ability to do so.
He has also signed an agreement to complete the improvements within 18 months
after closing on the sale and transfer of title. A tax and title search or
survey will not be provided to the purchaser. The purchaser will pay for
transfer tax, recording fees and cost of the legal description, if any. There
were no costs involved for the payment of real estate commissions or auctioneer
fees for this auction.
The Tax and Demolition Divisions have indicated that there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo by Mr.
Tripp.
I am recommending that Your Honorable Body approve Mr. Tripp' s bid, in
the amount of One Thousand Five Hundred Dollars, ($1,500), and authorize the
Mayor to execute a deed transferring title to the property on condition that
Mr. Tripp obtain a curb cut permit and pave the area to be used for off-street
parking.
Mr. Fahey moved:
That the above communication from the Comptroller, dated March 4, 1992,
be received and filed; and
That the offer of Donald Tripp, residing at 103 Sidway, Buffalo, New
York, in the sum of One Thousand Five Hundred Dollars ($1500.00) to purchase:
203 Hamburg, E 165' N. Mackinaw, Buffalo, New York, be and hereby is accepted;
and
That the recording fees, transfer tax, and cost of legal description will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 24
Report of Auction
451-453 South Park, S 534.20'
W Alabama
Lot Size: 50' x 175'
Assessed Val: Land: $17,500
Total: $25,000
455 South Park, S 507.53' W Alabama
Vacant Lot Size: 26.67' x 175'
Assessed Val:$ 1,200
457 South Park, S 480.99' W Alabama
Vacant Lot Size: 26.54' x 175'
Assessed Val:$ 9,300
The above property was offered for sale at public auction on February
20, 1992 after public notice and due advertisement. Terms and conditions of the
auction were established in accordance with the procedures Governing the Sale
of City owned Property, not acquired for a municipal purpose, item # 198,
Common Council Proceeding of 5/16/78.
The highest bid received was in the amount of Thirty-One Thousand
Dollars, ($31,000), by Mr. Jose Hernandez of 366 Fillmore Avenue, Buffalo, New
York. A deposit in the amount of 10% of the bid has been received. The
balance of the bid price shall be paid in full within 45 days of the effective
date of approval by Your Honorable Body. There is no bond and mortgage
involved.
Mr. Hernandez intends to renovate and improve this property and has
submitted financial ability to do so. He has indicated that he will remodel
the two upper apartments and rent them as soon as possible. Then he will seek
tenants for the two vacant stores. He has also signed an agreement to complete
the improvements and bring the property into code compliance within 18 months
after closing on the sale and transfer of title. A tax and title search or
survey will not be provided to the purchaser. The purchaser will pay for
transfer tax, recording fees and cost of the legal description, if any. There
were no costs involved for the payment of real estate commissions or auctioneer
fees for this auction.
The Tax and Demolition Divisions have indicated that there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo by Mr.
Hernandez.
I am recommending that Your Honorable Body approve Mr. Hernandez's bid,
in the amount of Thirty-One Thousand Dollars, ($31,000), and authorize the
Mayor to execute a deed transferring title to the property.
Mr. Fahey moved:
That the above communication from the Comptroller, dated March 4, 1992,
be received and filed; and
That the offer of Jose Hernandez of 366 Fillmore Avenue, Buffalo, New
York, in the sum of Thirty-One Thousand Dollars ($31,000) to purchase: 451-453
South Park and 455 South Park and 457 South Park, Buffalo, New York, be and
hereby is accepted; and
That the recording fees, transfer tax, and cost of legal description will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 25
Results of Negotiations
86 South, N 75' E Vincennes
Vacant Lot: 27' x 116'
Assessed Valuation: $800
Item # 12, C.C.P. 11/12/91
In the above Item Your Honorable Body authorized the Office of
the Comptroller, Division of Real Estate, to negotiate a private sale with Mr.
& Mrs. George Fletcher of 84 South Street, Buffalo, New York, to purchase the
above vacant parcel. Mr. & Mrs. Fletcher intend to purchase the property in
order to construct a garage.
An independent appraisal of the property was conducted by Mr. Thomas E.
Cataudella, Pirritano Appraisal, Inc., 745 Center Road, West Seneca, New York
14224. The appraiser has estimated the fair market value to be Four Hundred
and Fifty Dollars ($450). This represents approximately $16.80 per front foot.
The Division of Real Estate has investigated the most recent sales of vacant
lots in the area. The sale prices range from $16.00 a front foot to $22.00 a
front foot. The Division of Real Estate concurs with the appraisers estimate
of value.
The results of our negotiations are that Mr. & Mrs. Fletcher have agreed
and are prepared to pay Four Hundred and Fifty Dollars ($450) for the subject
property. They will also pay for the cost of appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of George
and Mildred Fletcher, 84 South, Buffalo, New York in the amount of Four Hundred
and Fifty Dollars ($450). I further recommend that Your Honorable Body
authorize the Mayor to execute the necessary documents for the transfer of
title.
Mr. Fahey moved:
That the above communication from the Comptroller, dated March 11, 1992,
be received and filed; and
That the offer of Mr. & Mrs. George Fletcher residing at 84 South Street,
Buffalo, New York, in the sum of Four Hundred and Fifty Dollars ($450.00) to
purchase: 86 South Street, Buffalo, New York, be and hereby is accepted; and
That the recording fees, transfer tax, and cost of legal description will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 26
City-wide Payroll Projections
Attached is a current payroll projection for the functions of
each department along with the parameters used in projecting the date in which
that function will expend their available funds.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 27
Report of Audit
Division of Substance Abuse
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of Substance Abuse audit report for the period July 1, 1990 to June 30, 1991.
The Division needs to be more efficient in its management of grants and
to maximize the number of client counselling sessions.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES.
No. 28
Update List of Appraisers
In 1990 the New York State Legislature enacted legislation governing
the Licensing of Real Estate Appraisers which takes effect in December of 1992.
Last year the Mayor activated the Appraisal Review Board and appointed members
to that Board. One of the duties of the Board is to establish a list of
qualified real estate appraisers.
This Office has received several requests from Real Estate Appraisers and
Appraisal firms to be added to the City of Buffalo's current list of qualified
appraisers. In addition the current list of appraisers has not been updated or
reviewed for a number of years.
Therefore, I am requesting that the current list of Real Estate
Appraisers be reviewed and updated by the Appraisal Review Board. The current
listing and those appraisers who have requested to be added to the Appraisers
list can be obtained from the Division of Real Estate.
REFERRED TO THE APPRAISAL REVIEW BOARD.
No. 29
Information
Systems Support Analyst
Item No. 26, C.C.P. 2/18/92
Information regarding the Provisional Appointment of James Seguin
to Systems Support Analyst.
# 1 James Seguin (City employee since 6/16/79) was promoted to Systems
Support Analyst (Temporary Appointment) at the maximum step ($34,389) from his
Permanent Appointment of Computer Programmer ($31,678).
# 2 Since the employee in question was a three step employee (hired before
July 1,1983) and since the three steps for Systems Support Analyst are: Step 1
$29,096
2 $31,714
3 $34,389
he was appointed to Systems Support Analyst at the third step because the
second step was not $250. more than his present salary ($31,678 = Programmer,
$31,714 = 2nd step of Analyst).
# 3 After necessary union postings were complete, James Seguin was appointed
to the Temporary Position of Systems Support Analyst on 1/21/91.
# 4 The Leave of Absence of Linda Meidenbauer expired and she officially
resigned on 10/15/91.
# 5 The appointment sheet was submitted to Council to only change the status
of James Seguin from Temporary to Provisional.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 30
CERTIFICATE OF APPOINTMENT
Appointment to become effective February 27, 1992 in the Department
of Comptroller Division of Accounting William P. Murphy 21 Turner Ave.,
Buffalo, N.Y. 14220 to the position of Supervising Accountant, Temporary at the
starting salary of $33,596.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 31
Memorialize State Legislature
to Remove Homestead Designation
from Absentee Landlords
Item No. 181, CCP 02/18/92
This report is written in response to the above referenced resolution.
It is not possible for this department to furnish Your Honorable Body with the
exact number of absentee landlords of one, two, and three family dwellings
because we do not keep such records. However, the Department of Assessment can
approximate that twenty percent of the City's one, two and three family
dwellings are owned by absentee landlords. Therefore, if absentee landlords of
one, two and three family dwellings were placed in the non-homestead category,
the following impact to the tax base would occur.
No. 1 Approximately 20% or $429,333,250 of taxable assessed valuation of the
Homestead Base is owned by absentee landlords and would be shifted from the
Homestead Base to the Non-Homestead Base.
No. 2 The effect of this shift on the base proportions for the fiscal year of
1991-92 would be as follows:
1991-92 1991-92
Homestead Base Proportions Non-Homestead Base Proportions
2,146,605,926 1,836,974,341
- 429,333,250 amt. of shift + 429,333,250 amt. of shift
1,717,272,250 New Base 2,266,307,591 New Base
Proportions Proportions
No. 3 The 1991-92 tax levy of $114,014,524 would be spread between the New Base
Proportions of $1,717,272,250 and $2,266,307,591.
No. 4 The effect of spreading the existing tax levy of $114,014,524 over the
New Base Proportions would change the 1991-92 existing tax rate as follows:
Existing New Difference
1991-92 1991-92
Homestead
Tax Rate $23.46 $29.56 $6.10 increase
Non-Homestead
Tax Rate $34.18 $27.91 $6.27 decrease
No. 5 The net result of transferring absentee owned one, two and three family
dwellings from the Homestead Base to the Non-Homestead Base would be an
increase of $6.10 per thousand of assessed valuation to the Homestead Base and
a reduction of $6.27 per thousand of assessed valuation to the Non-Homestead
Base.
No. 6 These results are all approximations because there are no records of
absentee ownership of one, two and three family dwellings in the City. To keep
such records, this department would have to increase its staff to verify
absentee ownership for the 14,948 approximated absentee owned properties.
In conclusion, enacting this legislation would cause the Homestead Tax
Rate to increase and the Non-Homestead Tax Rate to decrease.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 32
Budget Reform (Use of Revenue Enhancement Techniques)
Item No. 163, C.C.P. 02-04-92
I have reviewed the above mentioned resolution and found that
the Department of Assessment does not play a role in any of the nine (9) items
that are listed in the resolution. Therefore, since the Assessment Department
has no responsibilities in the areas enumerated, there will be no detailed
report forthcoming. However, in the future, if any information is required
concerning the City's tax base, this department will respond upon request.
RECEIVED AND FILED.
No. 33
Ord. Amend., Ch. 175 (387) Signs
Item No. 166, CCP 03-03-92
I have reviewed the ordinance amendment as listed above and have
determined that the Department of Assessment would not be involved in the
administration of said ordinance, nor would the operation of the Department of
Assessment be affected in any significant manner if the ordinance were to be
adopted.
RECEIVED AND FILED.
No. 34
Ord. Amend., Ch. 133
Maint. Outdoor Advertis.
Item No. 168, CCP 03-03-92
I have reviewed the ordinance amendment as listed above and have
determined that the Department of Assessment would not be involved in the
administration of said ordinance, nor would the operation of the Department of
Assessment be affected in any significant manner if the ordinance were to be
adopted.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 35
Ord. Amend., Ch. 294
Nuisance Abatement
Item No. 167, CCP 03-03-92
I have reviewed the ordinance amendment as listed above and have
determined that the Department of Assessment would not be involved in the
administration of said ordinance, nor would the operation of the Department of
Assessment be affected in any significant manner if the ordinance were to be
adopted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 36
Ord. Amend., Ch. 511
Non- Accessory Signs
Item No. 168, CCP 03-03-92
I have reviewed the ordinance amendment as listed above and have
determined that the Department of Assessment would not be involved in the
administration of said ordinance, nor would the operation of the Department of
Assessment be affected in any significant manner if the ordinance were to be
adopted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 37
Notification Serial # 8226
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an its business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION
Gibson Street Between Broadway Street and
east side Stanislaus Street
Notification Serial # 8227
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PARKING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION
Mills Street Between Broadway St.
west side and Stanislaus St.
Notification Serial # 8228
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PORTION HIGHWAY
Crescent Avenue Between Oakwood Avenue and a
east side point 220' north therefrom
Notification Serial # 8229
TURNS PROHIBITED FACING STEADY RED SIGNAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision l of Section 38 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: RIGHT TURN PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON INTERSECTION OF EFFECTIVE PERIOD OF TIME
Route 33 Suffolk Avenue 7:00 am. - 4:00 pm.
exit ramp Monday - Friday
Notification Serial # 8230
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION
Wilson Street Broadway Street to
east side Stanislaus Street
RECEIVED AND FILED.
No. 38
Monthly Report Licenses Issued
February 1992
I am respectfully submitting the enclosed report of licenses issued
in the month of February 1992 by the Division of License.
RECEIVED AND FILED.
No. 39
PERMIT REVOCATION
Social Club at 1495 Genesee Street
Item No. 157, C.C.P. 3/3/92
On December 5, 6, 13, 1990, a hearing was held in the License
Division pertaining to 1495-1497 Genesee Street, the Glass House Restaurant.
The purpose of the hearing was to determine whether the restaurant license that
had been issued to the Glass House Restaurant at 1497 Genesee Street, Buffalo,
New York, by the Director of Licenses for the City of Buffalo, should be
suspended or revoked.
At the end of the three-day hearing and after review of the evidence
presented, the License Director revoked the restaurant license of the Glass
House Restaurant because it had gone beyond the purpose of a restaurant.
Furthermore, when one applies for a restaurant license, they must have
the approval of the Building, Plumbing and Electrical Inspectors and the Health
Department to verify that they were up to New York State Building Codes. Also
needed is the approval of the Fire Department to verify that they are in
compliance with the Fire Codes.
Any other license issued by another agency would still need City of
Buffalo approval which 1495 Genesee Street does not have. No other licenses
have been issued for this location since 1990. Currently, they have no license
from the City of Buffalo and the license that they say was issued by the State
is not valid.
RECEIVED AND FILED.
No. 40
REPORT OF BIDS
PAINTING THE ROOF AT THE BOILER HOUSE COL. WARD STATION - FOOT OF PORTER AVENUE
INFORMATIONAL PURPOSES ONLY
I have advertised and received bids on March 2, 1992 for the Painting
the Roof at the Boiler House Building, Colonel Ward Pumping Station, Foot of
Porter Avenue. The following is certified to be a complete list of all bids
received:
Erie Interstate Contractors, Inc.
5428 Genesee Street
Lancaster, New York 14086 $45,400.00
K.A.M. Painting, Inc.
167 Imperial Drive
Amherst, New York 14226 $49,200.00
Erie Painting and Maintenance, Inc.
999 Rein Road
Cheektowaga, New York 14225 $53,700.00
Progressive Roofing, Inc.
826 E. Ferry Street
Buffalo, New York 14211 $68,225.00
Atlas Painting and Sheeting Corp.
127 Skillen Street
Buffalo, New York 14207 $87,000.00
Amherst Painting of Western New York
318 Sawyer Avenue
Tonawanda, New York 14150 $ 220,000.00
I hereby certify that the lowest responsible bidder for the above project
is Erie Interstate Contractors, Inc., 5428 Genesee Street, Lancaster, New York
based on their quotation of $45,400.00.
The engineer's estimate for this work was $50,000.00. Funds for this
work are available in the Division of Water' s Operating and Maintenance
Budget, Account No. 014-00-560.
This communication is for informational purposes only.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated March
3, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract for painting the roof at the Boiler House Building, Colonel Ward
Pumping Station, Foot of Porter Avenue, to Erie Interstate Contractors, Inc.,
5428 Genesee Street, Lancaster, New York, the lowest responsible bidder, in the
amount of $45,400.00, with said costs to be charged to the Division of Water's
Operating and Maintenance Budget, Account No. 014-00-560.
PASSED.
AYES- 13 NOES- 0.
No. 41
Report of Bids
Phone System
University Heights Community Center
The University Heights C.D.A., Inc. solicited and received bids
in February 1990 for a telephone system to be installed in the New University
Heights Community Center. General construction of the New Community Center has
reached a point where it is now practical to install the aforementioned
telephone system. The following bids are presented to Your Honorable Body with
the assumption that the newly installed system will be under a maintenance
contract from the expiration of warranty to a minimum of five (5) years from
date of installation.
The bidders are:
Ronco Communications $18,446.00
NYNEX B.I.S.C. $18,803.20
A T & T $20,442.20
I hereby certify that the foregoing is a true and correct statement of all bid
results forwarded to this office by the University Heights C.P.A.,, Inc. and
that Ronco Communications is the lowest responsible bidder who will provide
equipment, installation and up to five (5) years of maintenance.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order this work on the basis of the low bid. Funds for this work are
available in B/F 200-402-518 Division of Buildings.
Estimate for this work was $20,000.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated March
11, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract for a telephone system to be installed in the University Heights
Community Center, to Ronco Communications, the lowest responsible bidder, in
the amount of $18,446.00, with said costs to be charged to the B/F 200-402-518
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 42
INFORMAL BIDS
REPAIRS - 36 INCH TRANSMISSION MAIN HANCOCK STREET
In February, 1992 the Division of Water experienced a break on
the 36 inch precast concrete pipe transmission main located in Hancock
Street.
At the time the emergency occurred, it was determined that this project could
not be performed by Division of Water employees due to the fact that it is
precast concrete pipe and not ductile iron pipe which is presently used.
Division of Water's Engineers anticipated the project to cost under $20,000.00
so informal bids were requested from eight contractors.
The Division of Water accepted informal bids for the emergency repair of the
existing 36 inch precast concrete pipe transmission main on March 9, 1992. The
following is a report of the informal bids received:
Firstrhyme Construction Corporation
3517 Genesee Street
Buffalo, New York 14225 $ 27,000.00
Kandey Company
19 Ransier Drive
Buffalo, New York $ 28,335.00
Herbert F. Darling, Inc.
131 California Drive
Williamsville, New York 14221 $ 28,770.00
Mar-Wal Construction Company, Inc.
440 Could Avenue
Depew, New York 14043 $ 39,200.00
Nichter Utility Construction
344 Vulcan Street
Buffalo, New York $ 41,000.00
Repairs have to be made as quickly as possible as this 36 inch main is
the main feeder line to the Hancock Water Tower which is the main source of
water for the South Buffalo area.
Therefore, I respectfully request your Honorable Body's approval to award
the informal bid on an emergency basis to Firstrhyme Construction Corp., 3517
Genesee Street, Buffalo, New York in the amount of $27,000.00.
Funds for this work will be available in the Division of Water's
Operating and Maintenance Budget, 015-00-561 Account, Road and Highway Repair.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated March
10, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract on an emergency basis to Firstrhyme Construction Corp., 3517
Genesee Street, Buffalo, New York, the lowest responsible bidder, for repairs
on the 36 inch transmission main located in Hancock Street, in the amount of
$27,000.00, with said costs to be charged to the Division of Water's Operating
and Maintenance Budget 015-00-561 Account, Road and Highway Repair.
PASSED.
AYES- 13 NOES- 0.
No. 43
Extension of IWS Contract
CCP # 26 March 3, 1992
As discussed in Finance Committee # 7 (CCP # 121 of 3/10/92) of
March 10, 1992, I am forwarding some additional information on IWS' landfill
numbers. Because the information on page 2 represents confidential information
on IWS' separate landfill agreements, I am omitting that page. I will tell you
that the tipping fee is $30-50/ton.
Item II on page 1 is the part that will be dropped as part of this agreement
because of the opinion of our legal department.
In the last paragraph on Page 3, Mr. Bennett addresses the issue of City
officials owning stock in INS, and I would like to just comment for the record
that if anyone has knowledge of anybody saying that I own stock in IWS, I would
like to know who is saying it so that I could initiate a lawsuit against them
immediately because they are lying. I mention this because the question was
addressed to me in Committee.
This communication is submitted to your honorable body for informational
purposes only.
RECElVED AND FILED.
No. 44
Proposed closing and abandonment of Beckwith Street between Madison St. and
Sycamore St.
The intersection of Beckwith Street. Madison Street and Sycamore
Street is considered a dangerous intersection under current highway design,
standards. The Department of Public Works, as part of the Jefferson Avenue
Phase III Improvement Project, has proposed to eliminate this dangerous
condition by closing and abandoning that portion of Beckwith Street between
Madison Street and Sycamore Street. The pavement within the abandoned portion
of Beckwith Street would be removed and the area enclosed by new curbing.
The Department of Public Works has submitted the proposed closing and
abandonment of a portion of Beckwith Street to the City Planning Board. The
City Planning Board at its regular meeting held on Tuesday. February 11, 1992
considered the matter of the closing and abandonment of a portion of Beckwith
Street pursuant to Section 317.1 of the City Charter. The Planning Board has
informed the Acting City Engineer, by letter dated February 12. 1992 that it
has no objection to said closing. I have attached a copy of the letter for your
review.
I am now asking that Your Honorable Body officially close and abandon the
following described portion of Beckwith Street., All that tract or parcel of
land situate in the City of Buffalo, County of Erie and State of New York being
a portion of the dedicated public street right-of-way of Beckwith Street as
shown on the subdivision map filed in deed liber 90 at page 326 of part of lot
22 Township 11. Range S of the Holland Land Company Survey and being more
particularly described as follows;
Beginning at a point in the west line of Madison Street sixty one and
ninety four hundredths (61.94) feet south of the intersection of the west line
of Madison Street with the southeast line of Sycamore Street and running thence
west and at right angles to Madison Street and along the present south line of
Beckwith Street one hundred forty one and eighty eight hundredths (141.89)
feet, more or less to a point in the southeast line of Sycamore Street;
Running thence northeast and along the southeast line of Sycamore Street
one hundred twenty four and sixty hundredths (124.60) feet lore or less, to a
point of intersection with a line drawn parallel to and fifty (50.00) feet
north of the above last described line as measured at right angles thereto,
Running thence east and along a line drawn at right angles to Madison
Street, said line being the present north line of Beckwith Street twenty seven
and seventy-five hundredths (27.75) feet, more or less, to a point in the west
line of Madison Street.,
Running thence south and along the west line of Madison Street fifty
(50.00) feet to the point of beginning containing 4240.75 square feet or 0.0974
acres of land more or less.
The City of Buffalo is the owner of the lands abutting that portion of
Beckwith Street that is to be abandoned. The portion of Beckwith Street that
is to be abandoned will become available for development.
No. 45
T.G.I. Fridays Requests Permission
To Install Sidewalk Cafe
Mr. Thomas Caley of Caley & Louis Architects, acting as agent
for Mr. Gene Vitagliano of Dynamic Enterprises, Inc., owners of the Journeys
End Hotel, located at the northeast corner of Main and Chippewa Streets, has
requested permission to install a sidewalk cafe and awnings which would
encroach city right of way, at said location.
The proposed awnings would occupy both the Main and Chippewa Streets
sides of the building.
The proposed cafe would be adjacent to T.G.I. Fridays Restaurant on Main
Street and measure 110 feet in length and project 12 feet from the building
face into the city right of way.
The awnings and a portion of the sidewalk cafe would remain in place the
entire year providing a covered walkway for pedestrians while enabling snow
removal.
The Department of Public Works has reviewed T.G.I. Fridays application
pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for installation of said sidewalk cafe provided
the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed 110 feet in length or extend more
that 12 feet from the building face.
4. That the applicant remove the wrought iron rails between brick piers, and
remove the northernmost brick pier from city right of way from November IS to
April l each year.
5. That the applicant be assessed the annual fee of $1.05 per square foot of
City right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
6. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMlTTEE ON LEGlSLATION.
No. 46
Rehabilitation of Louisiana Street Viaduct
The city of Buffalo has requested funds from the New York State
Thruway Authority and Consolidated Rail Corporation to complete plans and
specifications and Rehabilitation of the Louisiana Street Viaduct over Exchange
Street, Conrail and the New York State Thruway Authority.
This Department would request that your Honorable Body approve the
attached agreements with the Consolidated Rail Corporation for this project.
The City portion of funds for this project were approved on 1/21/92, C.C.P. #
245, Capital Bond Fund # 200-401-003.
Mr. Fahey moved:
That the communication from the Acting City Engineer dated March 6, 1992,
be received and filed.
That the Commissioner of Public Works be and he hereby is authorized to
execute, on behalf of the City of Buffalo, the Agreement(s) with Consolidated
Rail Corporation attached to Item No. 45, C.C.P., March 17, 1992, concerning
the rehabilitation of the Louisiana Street Viaduct, subject to approval as to
form by the Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 47
Snowden Dev - Neg. Sale Nevilly Courts
Item # 88, C.C.P. Feb. 18, 1992
The above captioned item has been referred to the Department of
Public Works for review and recommendation.
The Nevilly Court Subdivision plot (South Buffalo Estates) was accepted
and approved by the City of Buffalo and filed in the Erie County Clerk's Office
ill map cover 2159 on July 24. 1961. The subdivision is legal for the sale of
72 residential lots and for the construction of single family detached homes.
The streets, Nevilly Court West and Nevilly Court East are dedicated public
streets.
The proposal from R.R. Snowden Development Company is for the
construction of 12 row houses of 8 units each. It is the opinion of this
department that row housing is not allowed under the present subdivision A
revised subdivision plot must therefore be prepared and submitted to the City
Planning Board for approval of the proposed row housing.
The present site is low and the adjoining lands have drainage problems.
This is probably the main reason the parcel has not been previously developed.
The Department of Public Works will not recommend approval of any development
until we have had a chance to review de tailed plot and grading plans for the
proposed project.
This department is also concerned that the parcel may be developed in a
piecemeal manner. To insure that this does not happen the Department of Public
Works strongly recommends that firm commitments must be obtained for the
completion of the sewer system, water supply system, street pavements,
sidewalks and street lighting system prior to the issuing of building permits.
The Snowden Development Company also appears to be requesting that your
Honorable Body will agree to waive certain permit fees. This department has
historically been opposed to the practice of waiving fees for inspection and
building permits. This Department continues to oppose the waiving of any such
fees.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 48
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 2, 1992 in the Department
of Public Works Division of Water, Rocco Della Neve 66 Strathmore Avenue
Buffalo, New York 14220, to the position of Pumping Plant Operator, Temporary
at the starting salary of $ 28, 495 + $200 LG
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 49
CERTIFICATE OF APPOINTMENT
Appointment to become effective February 14, 1992 in the Department
of Public Works Division of Engineering Robert Fuchs 117 Sheffield Ave.,
Buffalo, NY 14220 to the position of Superintendent of Traffic Signs & Pavement
Markings, Provisional at the starting salary of $29,963.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 50
Ordinance Amendment
Building Rental Fees
The explanation for the Resolution concerning building rental
is thus.
Whenever any group wishes to use a City building such as the Parkside
Lodge or the Cazenovia Casino on weekends, it costs the Parks Department
overtime monies.
Because of liability concerns, we just cannot allow any group to use the
facility without the presence of a Parks Department employee. Since we must
pay a minimum of four (4) hours according to the union contract, these are
overtime monies we must expend to have one (1) employee present. Four (4) hours
on a weekend or holiday means six (6) hours pay because we must pay time and a
half. The personnel who would be called in to work would be Park Utility
Workers whose hourly rate is approximately $11.00/hr.
The financial situation of the City of Buffalo should now require us to
try to re-coup any extra spending any department expends. Hence, I don't think
the Resolution before your Honorable Body is excessive for any group wishing to
use a City building.
RECEIVED AND FILED.
No. 51
Increase Golf Fees
C.C.P. # 165 3/4/92
CH. 175 (309-28)- Golf Courses
In reference to the above Ordinance Amendment, please be advised
that the proposed increases are not out of line with fees charged at other golf
courses that are open to the public.
Based on last year's number of season passes sold, the increases in fees
would project a $45,000 revenue increase.
The revenue we are anticipating from the increase in daily fees based on last
year's participation would be projected at $48,000.
In light of the City's current financial situation, I think the fees are
not excessive and they would generate approximately $93,000 more in revenues.
Attached is a breakdown of revenues, personnel costs, equipment repair
costs and utility costs for the three Municipal Golf Courses.
Though we know that all parks activities will never be self-sustaining,
we should try to recoup as much in fee generation, if possible, without being
too exorbitant in our increases. Also, these personnel cost figures do not
reflect the hourly pay increases so mandated by the courts.
Other fees for area golf courses are also attached to this communication.
As you can see from those figures, the proposed increases would still make
Buffalo courses a less costly place to play.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 52
350 Bailey Avenue, C&R Industries, Inc.
Condemnation
CCP # 136 6/27/89 and CCP 167 1/30/90
Pursuant to the authority vested by virtue of the above-referenced
Council Proceedings, the City of Buffalo acquired title to the above property
on April 2, 1990. Advance payment was made to the owner, C & R Industries,
Inc., in accordance with the provisions of the Eminent Domain Procedure Law.
Subsequently, the owner filed a claim for additional damages and the case
progressed toward trial on the issue of compensation.
The taking consisted of a strip of land crossing several properties taken for
the purpose of widening Bailey Avenue. C & R Industries lost a twenty-two foot
wide strip of land containing 6100+ square feet.
The following is a breakdown of values relevant to settlement discussions
between the parties.
350 Bailey Avenue
City Appraisal
Before Value After Value Difference
Land $121,000 $110,500 $10,500
Improv 267,000 234,500 32,500
$388,000 $345,000 $43,000
Owner Appraisal
Before Value After Value Difference
Land $209,000 $190,800 $ 18,300
Improv 190,900 109,200 81,700
$400,000 $300,000 $100,000
The proposed settlement of $60,000 comes as a result of mediation efforts by
the Office of Supreme Court Justice Joseph D. Mints, and after an examination
of the property by the parties, and Justice Mints. It is the opinion of this
office that taking the matter to trial would not result in a lower valuation,
and would involve expenses for expert testimony. Taking the matter to trial
would also risk a possible award of attorney's fees, since the advance payment
of $14,400 is substantially less than our own court-ready appraisal of $43,000.
The owner has been paid an advance payment of $14,400, and has expressed a
willingness to settle this matter for an additional $45,600 for a total of
$60,000. This office hereby recommends acceptance of the settlement offer. In
addition, the owner is entitled by law to interest on the $45,600 at 6% from
April 2, 1990. In the interest of avoiding further litigation, this department
recommends the payment of $45,600 plus appropriate interest to C & R
Industries, Inc.
Mr. Fahey moved:
That the communication from the Corporation Counsel, dated March 9, 1992,
be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to settle
the claim of C & R Industries, Inc., regarding the condemnation of a portion of
350 Bailey Avenue for a payment of $45,600 plus accrued interest at the
statutory rate, pursuant to authority granted in Item No. 136 C.C.P., 6/27/89
and Item No. 167 C.C.P. 1/30/90 for condemnation and to prepare the necessary
documents to complete this matter.
PASSED.
AYES- 13 NOES- 0.
No. 53
Michael Trimboli
Possible Conflict of Interest
Item # 86, C.C.P., March 4, 1992
This matter is properly before the Board of Ethics and comment
by this office is not warranted at this time.
RECEIVED AND FILED.
No. 54
Funding - Board of Ethics
Item No. 56, C.C.P., March 4, 1992
As a member of the Board of Ethics, I appreciate and agree with
the Board's need for administrative assistance. Given the sensitive nature of
the work, it may not be appropriate for Council staff to be assigned to this
work.
RECEIVED AND FILED.
No. 55
BEDC - REVISED VACANT PARCEL
LIST - NEIGHBORHOOD COMMERCIAL
LAND BANK
Item No. 74, C.C.P. 3/3/92
The above item was referred to the Committee on Economic Development,
The City Planning Board and this office.
A review of our file indicates that BEDC aptly exercised its right to delete
the unmarketable parcels as contained in paragraph Eight (8) of the Contract
with the City of Buffalo.
Therefore, this office has no objection to the action of The Buffalo Enterprise
Development Corporation regarding the Eighty-five (85) lots to have been
purchased in Phase I of the project.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 56
E.A.F.
Walden Park Associates - Request
to rezone 101 Bakos Blvd. from M1 to R4
Attached for your information is the Short Environmental Assessment
Form for the project captioned above.
Mr. Fahey moved:
That the communication from Community Development, dated March 10, 1992,
be received and filed; and
That "Walden Park Associates - Request to rezone 101 Bakos Boulevard from
HI to R4" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval power over this item, and is therefore an involved agency
as defined in 617.2. As part of an uncoordinated review, the Common Council
has evaluated an Environmental Assessment form (EAF) on this item which has
been completed by the applicant (Part l) and by the City Planning Board (Part
II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 57
E.A.F.
Hodge Properties Inc. - Application
to convert an existing store into a
sit-in restaurant
Item No. 92, C.C.P., March 3, 1992
Attached for your information is the Short Environmental Assessment
Form for the project captioned above.
Mr. Fahey moved:
That the communication from Community Development, dated March 10, 1992,
be received and filed; and
That "Hodge Properties Inc. - Application to convert an existing store at
459-467 Elmwood into a sit-in restaurant" is an unlisted action as defined in 6
NYCRR Part 617.2. The Common Council has approval power over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment form (EAF)
on this item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 58
Request Authorization to
Apply for Environmental
Quality Bond Act Historic
Preservation Grants
The New York State Office of Parks, Recreation and Historic Preservation
(OPRHP) has announced the availability of approximately $1 million in grants
for historic preservation projects, from remaining funds of the 1986
Environmental Quality Bond Act (EQBA). OPRHP will accept applications for
development projects up to $50,000 (towards projects with eligible costs
totaling no more than $150,000). The grant application deadline is March 31,
1992.
The City intends to apply for two $50,000 EQBA Historic Preservation
grants. The first grant request will involve restoring the grand center window
at Shea's Buffalo Theatre. The second grant request will entail restoring the
free-standing, exterior perimeter retaining walls and planters at Kleinhans
Music Hall.
We request your Honorable Body approve an appropriate resolution
authorizing the Mayor to submit the EQBA Historic Preservation applications to
the OPRHP, to enter into and execute project agreements for said financial
assistance, and to execute whatever other documents or take measures which are
necessary to effectuate such financial assistance.
We request your immediate action on this item given the application
deadline.
RECEIVED AND FILED.
No. 59
Request Authorization to
Apply for H.U.D. Special
Purpose Grant -
War Memorial Field House
Public Law 102-226, the Appropriations Act for 1992, directs the
U.S. Department of Housing and Urban Development to provide funds for 137
Special Purpose Grants. H.U.D.. has notified the City that the Appropriations
Act for 1992 designated $2,000,000 for the construction of the War Memorial
Field House. In order to receive the funds, the City must submit the necessary
application materials to H.U.D. by March 27, 1992.
We request that your Honorable Body authorize the Mayor to submit the
required Special Purpose Grant application to the U.S. Department of Housing
and Urban Development, to enter into and execute project agreements for
financial assistance, and to execute whatever other documents or take measures
which are necessary to effectuate such financial assistance.
We request your immediate action on this item given the application
deadline.
RECEIVED AND FILED.
No. 60
Walden Park Assoc. - Rezone
101 Bakos Blvd. Sr. Housing
Item No. 89, C.C.P. 3/3/92
The Department of Community Development supports the rezoning
of this parcel to permit the construction of 150 units of senior housing.
RECEIVED AND FILED.
No. 61
BIDS- TAYLOR PLAYGROUND IMPROVEMENTS
I have asked for and received the following proposals for Taylor
Playground Improvements project on March 9, 1992.
CONTRACTOR BASE BID ALT 1 ALT 2 ALT 3
Gleason Nursery $47,730 $1235 $1600 $12,000
Birch Grove 52,428 1287 2100 12,949
L.C.P. 53,294 800 800 9,900
Maplewood Constr 53,353 800 1000 11,000
American Paving 53,716 1609 1300 9,500
M.P.J. 55,600 900 1500 12,500
Leising Brothers 56,500 900 1600 15,406
I hereby certify that the foregoing is a true and correct statement of all bids
received, and that Gleason Nursery, Inc., 4780 Sheridan Drive, Williamsville,
New York 14221, in the amount of $47,730., is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the City to order the work on
the basis of the low bid. Funds for this work are available in Bond Fund
200-717-052.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated March 9, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract for Taylor Playground Improvements, to Gleason Nursery, Inc.,
4780 Sherdian Drive, Williamsville, New York 14221, the lowest responsible
bidder, in the amount of $47,730.00, with said costs to be charged to Bond Fund
200-717-052.
PASSED.
AYES- 13 NOES- 0.
No. 62
Snowden Dev. - Neg. Sale Nevilly Court
Item No. 88, C.C.P., February 18, 1992
The above cited subject was referred by Your Honorable Body to
the Department of Community Development. The following information is sent in
response to the referral:
1. Original Subdivision - The original Nevilly Court Subdivision (a.k.a.
South Buffalo Estates) was filed in the County Clerk's Office on July 24, 1961
(Map Cover 2153). The lots and street pattern appear on County Tax Maps. The
streets are considered "dedicated" even though they are not paved.
2. 1972 Proposal - In 1972 the subdivision was revived. Air quality and
sewer problems joined to end that proposal.
3. Zoning - The subdivision is located in an "R2" zoning district. This
district would permit both the original proposal for detached single-family
homes or the current proposal for attached houses in a row housing development.
The current proposal, however, would require resubdivision of the land
involved.
4. Sewer and Water - Sewer and water service could be provided. Due to the
low elevation of the land at the rear of the property, sewerage would have to
be pumped upward instead of relying on gravity flow.
5. Flooding - The site is not located in a designated 100 year floodway.
The rear of the property is often flooded due to poor drainage.
6. Paving - Paving of the street pattern is generally done by the
subdivision applicant.
The subdivision site should be developed as a whole with necessary site
improvements as streets, sewer and water service provided by the developer
before individual building permits are issued on a lot by lot basis.
Revision of the subdivision could permit alteration of the street pattern
and phasing of the subdivision. Each phase should be complete in itself but
part of the overall subdivision plan.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 63
"St Rose Church - Pigeon Control/Removal"
Item # 87, C.C.P. dated Feb. 4, 1992
The pigeons are being disposed of on a regular basis. We were
at the school every morning during' Christmas vacation, President's Day and
three (3) mornings a week since March 1, 1992. We cannot and will not shoot
pigeons off the school when children are inside.
Now that the days are getting longer we should be able to keep the problem
under control.
RECEIVED AND FILED.
No. 64
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 11, 1992 in the Department
of Street Sanitation, Richard T. Leverentz 6175 Mckinley Pkwy., Hamburg, N.Y.
14075 to the position of Supervisor of Street Sanitation I, Temporary at the
starting salary of: $ 23,368.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 65
Transfer of Title, Urban Homestead Program 22. Rose Street
Lot Size -25' x 100'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 22 Rose Street lot size 25' x 100' and it
has been determined that this parcel of land is inappropriate for neither
construction of new housing nor the construction of public recreation
facilities.
Gethsemane Missionary Baptist Church indicated that they will clean, improve,
and maintain the lot in the event that they obtain(s) title to the property
under the Urban Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Gethsemane Missionary Baptist Church
on the condition that the property is cleared and improved within six (6)
months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community'
Revitalization, dated March 3, 1992, be received and filed; and
That the City-owned property commonly known as 22 Rose Street is hereby
designated as Homestead Property, and that the Mayor be, and he hereby is,
authorized to execute a deed transferring said property to Gethsemane
Missionary Baptist Church, for the amount of ONE AND NO MORE DOLLARS ($1.00),
and all costs of transfer, on the condition the property is cleared and
improved within six (6) months and the property is maintained in a sanitary
manner for at least thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 66
Report of Emergency Bid for the Property at
213 Sobieski & Garage
Due to the very serious and hazardous condition to the fire-damaged
building located at 213 Sobieski Street, Fire Commissioner Paul Schanks
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 (l) 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 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
February 28, 1992 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND CONTRACTOR AND DOLLAR
OWNER AMOUNT OF BID
213 Sobieski & Garage Integrated Waste Special Services
JMZ, inc. $6,700.00
34 Heritage Drive
Lancaster, 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 February 28, 1992, 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 $6,700.00, relating to 213 Sobieski & Garage, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund 500-000-002-00000 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 113, of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 67
R.R. SOWDEN DEVELOPMENT COMPANY
NEGOTIATED SALE OF CITY PROPERTY SITE COMMONLY KNOWN AS NEVILLY COURT EAST &
WEST
ITEM # 88, C.C.P. FEBRUARY 18; 1992
The Department of Inspections & Community Revitalization is recommending
that prior to the sale of the above mentioned property that the following
documentation be submitted:
(l) stamped plans and detailed specifications of the units being
proposed to be built
(2) rendering of the project
(3) engineering reports pertaining to the installation of storm and
sanitary sewers
(4) evidence of financial support to complete the project (e.g.-
bank financial commitment letter)
(5) company history, including: names of officers, addresses
and experience in building residential developments
Requests pertaining to' funds for a possible lift station for storm and
sanitary sewers; tax abatement and consideration regarding permit fees should
be addressed by other city departments.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 68
Clinton-Emslie New Housing Project Phase I Approval of Land Disposition
Agreement Gal/Van Developers, Inc.
The City of Buffalo Urban Renewal Agency duly designated Gal/Van
Developers, Inc., and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 69
Clinton-Emslie New Housing Project Phase II Community wide Urban Renewal
Homestead Program Approval of Land Disposition Agreement Burke Brothers
Construction
The City of Buffalo Urban Renewal Agency duly designated Burke
Brothers Construction, and/or a joint venture, partnership, corporation or
other legal entity to be formed as the qualified and eligible Redeveloper for
the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 70
Eureka Place New Housing Project Community wide Urban Renewal Homestead Program
James Management Co. & TELCO, Redeveloper
The City of Buffalo Urban Renewal Agency duly designated James
Management Co., Inc. and TELCO Construction Co., Inc., and/or a joint venture,
partnership, corporation or other legal entity to be formed as the qualified
and eligible Redeveloper for the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE. ON ECONOMlC DEVELOPMENT.
No. 71
Fillmore South New Housing Project Approval of amendment to Land Disposition
Agreement
Paul Development Co., Inc.
The City of Buffalo Urban Renewal Agency duly designated Paul
Development Co., Inc., and/or a joint venture, partnership, corporation or
other legal entity to be formed as the qualified and eligible Redeveloper for
the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving amended Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 72
Memorandum of Agreement
Sick Leave Bank
Local 264, AFSCME, AFL-CIO
Ronald J. Zakrzewski
Attached please find a Memorandum of Agreement between the City
of Buffalo and Local 264, AFSCME, AFL-CIO, establishing a Sick Leave Bank for
the sole use of Ronald J. Zakrzewski, an employee of the Department of Street
Sanitation.
Since Common Council approval is not required for agreements involving no
monetary expenditures, this Memorandum of Agreement is being filed for
informational purposes only.
RECEIVED AND FILED.
No. 73
"New Parking Meter Locations"
Item # 53 C.C. P. March 3, 1992
Per your request of March 4, 1992 for information on parking meter
revenues:
Collection for Fiscal Year 1990-1991 total was $614,500.00. So far for
the eight months of Fiscal Year 1991-1992 we have collected $440,800.00.
The average collection is about $50,000.00 per month. Variables for
collection are weather, snow banks, CONSTRUCTION, and enforcement.
Installation of new meters locations will help make up for all of the
meters we have lost to construction, rapid transit, business closings, etc.
I would be more than happy to answer any further questions you may have
regarding collection, please do not hesitate to contact me if I can be of any
help.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 74
"Status of Employee Overtime"
This is in response to the above-referenced item, "Status of employee
overtime." The communication from council staff requests that I "review the
item and comment specifically on what policy changes will be implemented to
deal with the excessive use of overtime."
The bulk of overtime overspending is in the Departments Of Police, Fire
and Streets. Policy changes to be implemented in these departments include:
A.) Police - We will try to negotiate more flexibility in detailing personnel
and find ways to decrease use of sick leave and decrease injuries on duty.
B.) Fire - We recommend consolidation of firehouse's to reduce overtime
expenses, and C.) Streets - Reducing the number of trucks per district and
moving one district from afternoon to mornings will decrease the need for
overtime to cover absences on existing vehicles.
We will need the cooperation of the unions and the Common Council to
implement these policy changes.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
"Police and Fire Medical Costs Exceeding Budget"
This office has received information indicating that there will
be significant shortfalls in the appropriations for police and fire medical
services accounts (# 571) for the current fiscal year. These accounts are used
to pay for medical bills for uniformed personnel who are injured on duty and
for physical examinations, which are often mandatory for firefighters. Because
of the rising costs of medical care and the unfortunate increase in on--duty
injuries, it has become very difficult to predict how much will be needed for
these services.
The police department now estimates their expenditures for medical
services will exceed their $300,000 appropriation for that purpose by $100,000.
The fire department is projecting expenditures of $194,500 in excess of their
$310,000 appropriation. These budget shortfalls can be covered by reallocating
or transferring funds from salary accounts but this, of course, will result in
larger projected deficits in the salary accounts.
This increase in medical results in a larger deficit problem. It is an
example of why budget gap projections must be constantly monitored and updated
and it demonstrates why a deficit projection in February 1992 is different than
one made in November 1991.
This office will prepare the necessary reallocation and transfer of funds
required to accommodate the needs of the Police and Fire departments.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 76
"City Budget Deficit Accounting"
Resolution #l 184, C.C.P. March 3, 1992
The above referenced resolution requests this office to submit
formally to the Common Council appropriate accounting information which would
substantiate current actual and projected deficits for 1990-91, 1991-92, and
1992-93.
The Comptroller recently filed with Your Honorable Body the City's
Comprehensive Annual Financial Report for the 1990-91 fiscal year. Page XV of
that report shows that the city has a negative unreserved, undesignated fund
balance of $6,815,000 as of June 30, 1991, of which $3,458,000 is the amount of
the Board of Education accumulated deficit. The balance of $3,357,000 is the
difference between the $10,276,000 available unreserved fund balance as of June
30, 1991 and the $13,633,000 designated as a resource in the city's 1991-92
general fund budget. In other words the operating deficit of 1990-91 has
resulted in a $3,357,000 resource shortfall in the city's 1991-92 budget.
I am forwarding for your information and review the most recent General Fund
City Gap Sheet. This document lists for every general fund revenue and
appropriation account the amount budgeted, for 1991-92, and the projections
made in November 1991 and February 1992 of the amounts to be realized or spent
for 1991-92. Also included is the projection made for each account in February
1992 for the 1992-93 fiscal year.
In addition I am enclosing a copy of the information on 1991-92 and
1992-93 Budget Projections which were distributed to the State representatives
on March 10, 1992.
My office has been sharing this information with members of Your
Honorable Body, your staff and the City Comptroller on a constant basis since
November 1991. We have attempted to keep everyone informed as events developed
which necessitated changes in assumptions and budget, projections.
My staff and I welcome the opportunity to review these documents with the
Common Council as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 77
"Establish Fee for Event Permit"
In conjunction with the Police and Parks Commissioners, I am recommending
that the Council establish a fee for permits to use public parks and streets.
It has been defined that approximately 100 such permits a year are issued
which require the assignment of police personnel. These events include foot
races, bike tours, walk-a-thons, motor cades and marches.
The absolute minimum, manpower for such an event is 1 Iieutenant and 5
Police Officers, for 3 hours. The cost to the City for even a short event is
$300. Many such events take longer than the 3 hours and some require an entire
"shift" to complete such as a marathon.
This permit is an attempt to at least offset some of the costs to the
City for manning such events. Given there are some 100 events a year the City
could realize $30,000 a year to help offset at least the police personnel
costs.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS, THE
COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 78
Status of Cable Equipment in storage
As you may be aware, the Common Council has ordered storage for
cable-access equipment. (Attached correspondence). My office made the
arrangements for storage of this City owned equipment.
The new cable-access contractor was given the inventory and has
identified which equipment they intend on salvaging for current use. Their list
should be submitted to the Council, Committee on Cable T.V. for their approval.
Any equipment that you may wish to dispose of through auction or sealed bids
should be submitted to my office for the spring auction. Rental of storage
should terminate upon disposition of equipment to successful bidders. Please
advise.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 79
Sale of Ferrous Scrap
(Iron and Steel)
Bid # 95
Various City Departments have and will have on a continuing basis
ferrous scrap metal (iron and steel), which has been offered for sale on bid #
95.
Sixteen (16) bids were sent out. Nine (9) bids were returned. Bid
tabulation is attached.
I recommend that your Honorable Body approve the award to the responsible
high bidder, Advance Metals Recycling, P. 0. Box 1131, 776 Ohio St., Buffalo,
New York 14240.
Mr. Fahey moved:
That the communication from the Department of General Services, dated
March 12, 1992, be received and filed; and
That the Commissioner of General Services be, and he hereby is authorized
to award to Advance Metals Recycling, P.O. Box 1131, 776 Ohio Street, Buffalo,
New York 14240, the highest responsible bidder for sale of ferrous scrap (iron
and steel) from various City of Buffalo Departments.
PASSED.
AYES- 13 NOES- 0.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 80
Approval of Memorandum of
Agreement between Local 815
C.S.E.A. (Security) and BMHA
We respectfully request that your Honorable Body consider and
approve the attached Memorandum of Agreement between the Buffalo Municipal
Housing Authority and Local 815 C.S.E.A. representing Housing Security Officers
and Sergeants.
The Memorandum of Agreement amends the existing contract between the parties
and provides a successor Agreement for the period July l, 1990 through June 30,
1992. Acceptance of the Agreement by the negotiators of the Authority and the
Union was reached after long discussion and through the efforts of the PERB
appointed mediator.
The final document incorporates all agreed to items which were accepted by the
Union membership on 2/27/92 and the Authority Board of Commissioners on
2/28/92.
These amendments to the Master contract reflects a 5% (five-percent) increase
in base salary for July l, 1990 and a 5% (five-percent) increase in base salary
for July l, 1991. In addition, we have negotiated a salary upgrading of $750
per year for each Officer and Sergeant.
The current starting salary of our Security Officers is $15,764. There are 6
Housing Security Sergeants and 37 Housing Security Officers on the payroll.
A Certified Extract of the special meeting of the Board of Commissioners of
February 28, 1992 is attached.
In addition to the wage adjustments above, the following is a brief outline of
the highlights of this contract, presently before you for your consideration:
1. Uniform allowance
2. Equate longevity schedule with all City/Authority Union
scales
3. Adopt Blue Cross only
4. Establish new rules/regulations/language regarding
mission - area of responsibilities
5. Delay of dental coverage 1 year for new hirees
6. Establish a one-year probationary term for all new hirees
If this Labor Contract including the Wage and Salary Schedules is approved by
your Honorable Body, and the Mayor, then it must be submitted to the U.S.
Department of Housing and Urban Development and the New York State Division of
Housing and Community Renewal for their consideration and concurrence.
The Federal Program operated by the BMHA which is nearly 85% of our total
operation is not in deficit. The Authority has ample funds in this program to
support these raises.
However, the State Subsidized Operation is in deficit. Because of this, the
New York State Division of Housing and Community Renewal requires that Common
Council approval of BMHA labor contracts includes a specific acknowledgment
that the operational costs of the Authority in the State Program may be
increased and if in fact this increase does occur, it would likewise increase
the operating deficit in the Authority's State Sponsored Operation, only.
The City of Buffalo under the Loan and Subsidy contract which the City has with
the State and the Authority must fund this deficit as it has traditionally and
legally done over the years and any increase in it, if it should occur.
It is anticipated that the added expenditures of these increases for some 43
Officers will total less than $180,000 for two years. The increased share of
this cost to the City will total less than $25,000 for two years.
We would call your attention to the fact that tenant occupancy at Douglass
Towers is increasing. This combined with an impetus in the reconditioning of
apartments, will result in more units rented which will increase revenue and
should lessen the City's future financial debt burden. We are additionally
reducing staff charge offs to the State Operation in an amount in excess of
$100,000 per year. This will also reduce the City's obligation.
Detailed
Added Costs of Security Contract
2 Years Cost City/State Share
1) Clothing $19,350 $2,000
2) Shift Pay $1,000 $125
3) Longevity $ 750 $75
4) Wages $148.167 $17,000
*TOTAL $169,267 $19,200
COSTS
* Plus overtime of approximately $10,000.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 81
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
/Assessment
Public Works Engineering
RECEIVED AND FILED.
No. 82
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
1680 Elmwood Ave. Elmwood Taverns, Inc. Elmwood Taverns, Inc.
RECEIVED AND FILED.
No. 83
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:
Assessment- Joseph Sole
Fire- Joyce M. Giangrosso
Corporation Counsel- Margaret A. Murphy, Colleen M. Strachan
Street Sanitation- William F. Kennedy
RECEIVED AND FILED.
No. 84
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:
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 85
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved approval of appointments to the position of Council Intern.
ADOPTED.
Appointment to become effective February 28, 1992, in the Department of City
Clerk, Michael Coahn 59 Winston Rd. Buffalo, N.Y. 14216, to the position of
Intern IV, Seasonal at the starting salary of $6.00/hr.
No. 86
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.
Charles L. Michaux, III
City Clerk
FROM THE DEPARTMENT OF VITAL STATISTICS
Appointment to become effective February 26, 1992 in the Department
of Vital Statistics, Jackie Simmons 68 Harmonia Buffalo, N.Y. 14211 to the
position of Clerk, Seasonal, at the starting salary of $5.00/hr.
FROM THE DEPARTMENT OF POLICE
Appointment to become effective March 16, 1992 in the Department
of Police Vera Berent 245 Schiller St. Buffalo, N.Y. 14206 to the position of
Report Technician, Permanent at the starting salary of $18,425.
Appointments to become effective March 2, 1992 in the Department of Police to
the position of Police Lieutenant, Permanent, at the starting salary of
$35,577.
Henry Baranski 84 Reo, Cheektowaga, N.Y. 14212
Michael Manzella 268 Tremont, Kenmore, N.Y. 14217
John Farley 635 Crescent Buffalo, N.Y. 14216.
Appointment to become effective March 2, 1992 in the Department of Police to
the position of Police Lieutenant, Contingent Permanent at the starting salary
of $35,577.
Robert Collier 505 Lamarck, Cheektowaga, N.Y. 14225
Fred Young 255 Sycamore, Buffalo, N.Y. 14204
David Schweitzer 2924 Amsdell, Hamburg, N.Y. 14075
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective March 9, 1992 in the Department
of Street Sanitation, to the position of Laborer II, Seasonal at the starting
salary of $6.65/hr.
Robert Bell, Jr. 197 Hughes, Buffalo, N.Y. 14208
Thomas Chrosniak 173 Sears, Buffalo, N.Y. 14212
Charles Cirringione 62 Alden Buffalo, N.Y. 14216
Donald DiFlavio II 85 Carlyle, Buffalo, N.Y. 14220
David Ryan 25 Coolidge, Buffalo, N.Y. 14220
John Thomas 38 A Altruria, Buffalo, N.Y. 14220
John Tirone 911 Amherst, N.Y. 14216
Larry Walker 286 Cedar, Buffalo, N.Y. 14204.
Appointment to become effective March 11, 1992 in the Department of Street
Sanitation, Mark McGill 39 Littlefield, Buffalo, N.Y. 14211, to the position of
Laborer II, Seasonal at the starting salary of $6.65/hr.
Appointment to become effective March 16, 1992 in the Department of Street
Sanitation, Thomas Huthmacher 88 Kentucky, Buffalo, N.Y. 14204 to the position
of Laborer II, Seasonal at the starting salary of $6.65/hr.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective March 2, 1992 in the Department
of Human Resources, Division of Youth, Ebony Molson 460 South Park, Apt. 4,
Buffalo, N.Y. 14204 to the position of Attendant, Temporary, at the starting
salary of $4.25/hr.
Appointment to become effective March 11, 1992, in the Department of Human
Resources, Division of Youth, Ronald Staples 19 Colfax Buffalo, N.Y. 14215 to
the position of Attendant, Temporary at the starting salary of $4.25/hr.
Appointment to become effective March 4, 1992 in the Department of Human
Resources, Division of Youth, Michael Karlinski 349 Walden, Buffalo, N.Y. 14211
to the position of Lifeguard, Temporary at the starting salary of $5.00/hr.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment to become effective March 1, 1992 in the Department
of General Services, Division of Inventory and Stores, Michael McCool 4 Sidway,
Buffalo, N.Y. 14210 to the position of Laborer II, Seasonal at the starting
salary of $6.65/hr.
Appointment to become effective March 2, 1992 in the Department of General
Services, Division of Inventory and Stores, Arthur Forman 1511 Broadway,
Buffalo, N.Y. 14212 to the position of Laborer II, Seasonal at the starting
salary of $6.65/hr.
FROM THE DEPARTMENT OF CIVIL SERVICE COMMISSION
Appointment to become effective March 2, 1992 in the Department
of Civil Service Commission, Patricia A. Mulderig 64 Dundee, Buffalo, N.Y.
14220 to the position of Typist, Provisional at the starting salary of $17,630.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 87
BFI WASTE SYSTEMS
Oppose extension of IWS contract
It has recently been brought to BFI's attention that the existing
contract between Integrated Waste Systems and the City of Buffalo for the
transfer, haul and disposal of waste from Buffalo's East Side Transfer Station
is being recommended for renewal at this time, a full year and some months
before the initial contract expires.
It is BFI's position that this contract be rebid rather than renewed for the
following reasons:
1) Several responsible bidders exist that could perform this service.
2) The potential exists in a rapidly changing marketplace for a prospective
cost savings to the City over and above the one time $400,000 reduction
currently offered by the existing contractor.
3) The prospect that the City would pay more by rebidding than it currently
pays appears very unlikely.
4) The existing transfer and haul contract requires that the City haul its
burnables to Oxy in Niagara Falls. Until the City makes a definite decision on
renewing its contract with Oxy, how can it renew the haul to that facility?
5) Ballpark cost estimates were submitted to the City by BFI on relatively
short notice. Obviously however, it is not fair to a potential bidder to use
anything other than bid submittals to evaluate whether a company's services are
a cost effective answer for the City.
I hope that the Council will recognize that by renewing this contract
immediately, the City loses the opportunity to test the waters next year on
reducing garbage disposal costs.
Thank you for your consideration.
RECEIVED AND FILED.
No. 88
BUFFALO SOFTBALL LEAGUE
1991 FINANCIAL REPORT
Attached please find the Financial Statements of The Buffalo Softball
League Inc. for the fiscal year ending November 30, 1991
RECEIVED AND FILED.
No. 89
SALLY DANTON
Complaints about litter in the city
Can't something be done about the litter that is now to be found
all over the city and its Kensington Expressway? Case in point: the vacant lot
- corner of Court and Franklin. It is a disgrace. Why beautify Court Street
and leave this? It would take one or two workers only one day to rake & pick up
the refuse.
Can't a campaign be started - specifically telling (not asking) people to
drop stuff in a litter can. They are all over the city. Merchants should
sweep their sidewalks - (notice the lack of this daily at the Allen - Elmwood
corners (exception -Towne Restaurant). When they do sweep their walks, they
should not then dump the stuff into the gutter - where it remains month after
month.
I've written the city - no improvements noticed. The old trick, "Pass
the buck, " is much in evidence there.
I don't think Buffalo needs the reputation of being a constantly dirty
city - at a time when outsiders are urged to visit.
P.S. The exception is Buffalo Place. They do manage to keep their area free
of litter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION.
No. 90
IRVIN EVANS
Illegal Repair Shop
495 Hewitt
I am writing this letter as a last resort regarding a matter of
great concern to me.
I reside at 497 Hewitt Ave. in the City of Buffalo. The problem l face
3.5 with the resident of 495 Hewitt Ave. who is operating an illegal repair
shop at his residence in the evening hours. This property is not zoned for
commercial usage. The improper usage of this property is causing difficulty in
the neighborhood. The residents of this street are no longer able to enjoy the
quiet and rest of their homes in the evening hours due to this environmental
problem.
In the past I have tried to use resources available to me as a taxpaying
citizen with no satisfaction. Calling 911 is a complete waste of time. The
16th Police Precinct will not respond to my calls. Police Commissioner
Dagenhart seems to be unable to help and the Dept. of Housing & Inspection will
not respond after 4:30 P.M.
After four years of attempts my councilman seems to have exhausted his
resources with no results.
Therefore, I respectfully request that this matter be brought before the
full city council for resolution.
I will be available to you to provide further information at your
request.
Thank you for your time and considerations in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 91
BERNADINE J. KENNEDY &
DEBORAH PARKER SCOTT
Proposed amendments to Council's
Crime task force membership.
1. That the Resolution be amended to include the following:
A. Expansion of its' proposed membership to a broader spectrum of
individuals including:
1. Afro-American law enforcement officers - As most of the violence originated
in the Afro--American community these officers can provide smoother interaction
between police and the community.
2. Clergy persons - Male and Female members of the clergy should be included
as they are integral members of the community who can provide unique insites
into the needs of the citizens they serve.
3. Relatives of the victims and or the survivors of violent crimes as they
can provide invaluable information from personal experience relating to the
true impact of violence and crime on individual lives, as well as to provide
motivation to the Task Force.
4. Members of the medical profession to provide the benefit of their
professional experience in working with drug abusers and drug rehabilitation
programs.
5. Members of the community actively working with youth programs as the
recent wave of violence has clearly impacted the youth of the city and many of
the crimes were committed by or against youthful persons.
B. That the purpose of the Task Force be expanded to include in its study of
the police and law enforcement agencies their performance and ability to carry
out specific responsibilities relating to the following areas of concern in an
effort to insure the best possible police service to future victims of violent
crime.;
Responding to citizen complaints
Response to caIls regarding domestic disputes
Response to tips and information
Questioning of witnesses and suspects
Providing accurate information to the press
Providing timely information to other law enforcement agencies
TimeIy apprehension and arrests of suspects and criminals
C. That the purpose of the Task Force be expanded to further include in its
study of the police and law enforcement agencies:
(1) the impact that the amount of violence and crime in the city has had on the
police force itself, in terms of manpower, equipment and resources.
(2) and to identify any needs or deficiencies within the department such as the
need for more minority officers in the critical areas like homicide, narcotics
and vice.
RESPECTFULLY SUBMITTED TO THE BUFFALO COMMON COUNCIL ON MARCH 10, 1992. BY THE
FOLLOWING
Bernadine J. Kennedy - Sister of the deceased. Yolanda A. Dobbins
Aunt of the deceased. Yolanda D. Dobbins
Deborah Parker Scott - Relative of Rickey Minor
Hosie H. Arnold - Executive Director, St. Peter Claver Youth Program
REFERRED TO THE PRESIDENT OF THE COUNCIL.
.
No. 92
EDWIN MARTINEZ, JR.
Reply to concerns about absences from
Board of Assessment Review meetings
Thank you for your recent letter requesting that I responded to
the Common Council's inquiry regarding my excessive absence from the Board of
Assessment Review.
As you are aware, I have been commuting between Buffalo and Albany, and have
had occasion to attend Board Meetings. However, because of Budget problems in
the State, I have dedicated much of my time to attending state business,
knowing that the volume of work presently at the Board of Assessment Review was
minimal last year and this year, coupled with the fact that I was concerned
about spending taxpayer dollars unnecessarily since the volume was not there.
I am fully aware that the Department of Assessment is, at the present time, in
the process of performing a citywide assessment updated of all real property in
the city. Therefore, I am notifying your Honorable body that I am able to
participate fully with the expected hearing to be scheduled in the coming year.
I can assure you that my upmost concern is to insure fair and timely hearings
for the city property owners of our great city.
I apologize to the common council if I have caused any undue hardship from my
absence. Although, as I mentioned earlier, my experience as a Board Member has
led me to believe that the present volume handled by the board is minimal and
easy handled with the present complement. In these difficult times we must all
do our part to spend taxpayer dollars wisely.
As a point of reference, I have yet to receive a call or a letter from anyone
urging my attendance at the Board of Assessment Review. If the need was there,
I can assure you I would have been present.
Again, Thank you for your letter. I await your reply.
REFERRED TO THE BOARD OF ASSESSMENT REVIEW.
No. 93
NEW MT. OLIVE C.M.E. CHURCH
Protest Demolition charge
414 Glenwood Ave.
On behalf of the congregation of the New Mt. Olive C.M.E Church,
formally located at 414 Glenwood Avenue, Buffalo, New York, we are submitting a
formal protest. The congregation and trustees are protesting the amount charged
for demolition and removal of debris following a fire at the church.
On January 26, 1992, our church had a devastating fire which destroyed
80% of our building. It is unbelievable that the City of Buffalo, without
notification or concent, had the building "demolished" within 24 of this
catastrophe.
We consider it unreasonable for the City of Buffalo to arbitrarily hire a
contractor to finish the demolition of the church, without giving us the
opportunity to solicit bids or get the most economical price.
Mr. Michaux, will you please forward our complaint to the Buffalo Common
Council. We are a small parish and it will be difficult to pay the price
quoted for demolition and also attempt to rebuild our church.
We would greatly appreciate any relief that may arrive from this
complaint. If you have any questions or need additional information, please
call 886-0165.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
PETITIONS
No. 94
City of Buffalo, owner, petition to Rezone No. 915 Walden Avenue from M- 1 to
R-3 District to construct 37 single family homes, each with an attached
handicap accessible in-law apartment.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 95
W. Harnett & T. Hyland, owners, petition to use 865 Elk Street for a floating
dock at an existing sit-in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 96
Graphic Controls- oppose increase in Utility Gross Receipts Tax.
RECEIVED AND FILED.
No. 97
National Fuel Gas- oppose increase in Utility Gross Receipts Tax.
RECEIVED AND FILED.
No. 98
New York Telephone- oppose increase in Utility Gross Receipts Tax.
RECEIVED AND FILED.
No. 99
G & E Management- requests Mayor and Police enforce laws to prevent business
disruptions at 1219-1245 Main during pro-life demonstrations.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 100
Salary Ordinances/Local 264 & 650 (Compt)
(Item # 21 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Comments On Salary Increases (CC)
(Item # 43 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Delay Salary Increases Locals 264/650 (A&F)
(Item # 57 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Transmittal Of Salary Ordinance/Locals 264/650 (A&F)
(Item # 58 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Salary Ordinance Amendment/Fire
(Item # 151 CCP Oct 29, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Title Change/Communication Electrician To Technician
(Item # 41 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Salary Ordinance Amendment/Fire (CC)
(Item # 45 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Salary Ordinance Amendment/Fire (CSC)
(Item # 46 CCP Dec 10, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Residency Status/P. Anthony/Fire Alarm Services (CSC)
(Item # 47 CCP Dec 10, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Appointment Paralegal Assistant (Inter) (Compt) -Correct
(Item # 20 CCP Feb 4, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Opinion/Appointment Paralegal Assistant (CC)
(Item # 52 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Appointment
Public works//Superintendent/Traffic & Pavement
That Communication No 44 CCP Feb 18, 1992 be received and filed
and the Provisional appointment of Robert Fuchs stated above at the Maximum
salary $25,713.00 effective on Feb 11, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 112
Notices Of Appointments (C.Clerk)
(Item # 72 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON DAVID A. COLLINS
CHAIRMAN
No. 113
Request To Lease//Purchase Computer Hardware/Software(Assmt)
(Item # 28 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
LEASE RENEWAL SHEAS O'CONNELL THEATRE
(ITEM NO. 179, C.C.P., FEBRUARY 18, 1992)
That the Corporation Counsel be and hereby is authorized to prepare
a lease renewal agreement for the Shea's O'Connell Theatre which would commence
on July l, 1992 and terminate on June 30, 1997; and
That the Mayor be and he hereby is authorized to execute said lease
renewal agreement.
PASSED.
AYES- 13 NOES- 0.
No. 115
K. Vaughn/Reduce 1991 Rent/LaSalle Concession
(Item # 89 CCP Feb 4,1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved that the above item be recommitted to the committee on
Finance, seconded by Mr. Higgins.
ADOPTED.
No. 116
Reduce Rent/LaSalle Concession (CC)
(Item # 40 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved that the above item be recommitted to the committee on
Finance, seconded by Mr. Higgins.
ADOPTED.
No. 117
IWS CONTRACT FOR
EAST SIDE TRANSFER STATION
(ITEM NO. 28, C.C.P., FEBRUARY 4, 1992)
(ITEM NO. 121, C.C.P., MARCH 3, 1992)
That the above communication be returned to the Common Council
without recommendation
Mr. Collins now moved that the above item be Received and Filed, Seconded by
Mr. Pitts.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 118
Renew IWS Contract (PW)(#39 2/18)
(Item # 122 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
IWS Contract Renewal (PW)
(Item # 26 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
IWS Contract Renewal (CC)
(Item # 37 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
IWS Contract Renewal (CC)
(Item # 44 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
BUFFALO CIVIC AUTO RAMPS
ABATEMENT OF $202,362.23
ITEM NO. 34, C.C.P., DEC. 24, 1991
ITEM NO. 124, C.C.P., MAR. 3, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Comptroller be and hereby is authorized to abate 04-3 Real
Estate Invoice AR 001048, to Buffalo Civic Auto Ramps in the amount of
$202,362.23, pursuant to paragraph 3F of the Buffalo Civic Auto Ramp Lease, it
being understood the term abatement meaning a required accounting treatment
consistent with the lease provisions.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- COPPOLA, PITTS- 2.
No. 123
RE: CITY OF BUFFALO
LOCAL LAW NO. _______ (1992)
INTRODUCTORY NO. 2 (1992)
(ITEM NO. 162, C.C.P., MARCH 13, 1992)
That the Local Law Amendment as contained in Item No. 162, dated
March 3, 1992, be and the same hereby is approved.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 124
Ordinance Amendment/Ch 175 (309-28)-City Bldgs.
(Item # 164 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
ORDINANCE AMENDMENT
CHAPTER 309-28 OF CHAPTER 175
PARKS & OTHER OPEN SPACE
(ITEM NO. 165, C.C.P., MARCH 3, 1992)
That the Ordinance Amendment as contained in Item No. 165, dated
March 3, 1992, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 126
ORDINANCE AMENDMENT
CHAPTER 387, SIGNS, OF
CHAPTER 175 - FEES
(ITEM NO. 166, C.C.P., MARCH 3, 1992)
That the Ordinance Amendment as contained in Item No. 166, dated
March 3, 1992, be and the same hereby is approved.
Mr. Coppola now moved that the above item be recommitted to the committee on
Finance: Seconded by Mr. Zuchlewski
ADOPTED.
No. 127
RESULTS OF NEGOTIATIONS
21 KINGSLEY, S 165' E. JEFFERSON
VACANT LOT: 28' x 117' ASSESSED VALUATION: $490
(ITEM NO. 16, C.C.P., FEBRUARY 18, 1992)
That the offer of St. John's Lodge # 16, residing at 1213 Jefferson
Avenue, Buffalo, New York 14208, in the sum of Seven Hundred Dollars ($700) to
purchase: 21 Kingsley, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, and
cost of legal description will be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 128
CHANGE ORDER NO. 1
EAGLE PARKING STRUCTURE
H&M PLUMBING & MECHANICAL CO.
(ITEM NO. 120, C.C.P., 3/3/92)
(ITEM NO. 6, C.C.P., 2/4/92)
That the Director of Parking be and he hereby is authorized to
issue a change order to H & M Plumbing & Mechanical Cont. in the amount of
$1,385.35 for additional work under Contract #91599800 for work relating to
Eagle Parking Structure with said cost to be charged against Bond Fund
#415-410-005-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 129
Solicitation Of Funds/Federation For Future Of N.Y.
(Item # 117 CCP Mar 3,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 130
Shea's Theater/Position On Ticket Surcharge
(Item # 79 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Shea's Position On Ticket Surcharge (CC)
(Item # 41 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
FUNDING CHARTER REVISION COMMISSION
(ITEM NO. 86, C.C.P., FEBRUARY 18, 1992)
That the Comptroller be and hereby is authorized to appropriate
the sum of One Dollar ($1.00) to defray the expenses of the Charter Revision
Commission.
PASSED.
AYES- 13 NOES- 0.
No. 133
Funding/Charter Revision Commission (Compt)
(Item # 17 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Funding/Charter Revision Commission (A&F)
(Item # 55 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 135
WALDEN PARK ASSOCIATES, PETITION TO REZONE
101 BAKOS BOULEVARD FROM HI TO R-4 DISTRICT
FOR USE AS 152 LOW INCOME SENIOR CITIZEN COMPLEX
(Item No. 89, C.C.P., 3/3/92)
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the Zoning Ordinance of the City of Buffalo, Chapter
511, Article XXV, Section 511-26, as it relates to the use map thereof be
amended to show "R-4" district rather than an "M-1" district for the premises
known as 101 Bakos Boulevard and more particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND being part of Lot 42, Township 11, Range
7 of the Holland Land Company Survey, situate in the City of Buffalo, County of
Erie and State of New York and being further described as follows:
Beginning at the intersection of the east line of the City of Buffalo and
the north line of the Penn Central Railroad, said point being 1157.58' south of
the south line of Walden Avenue as measured along said City line; thence
northeasterly along said City line, a distance of 275.00' to a point; thence
westerly parallel with north line of Penn Central Railroad, a distance of
525.62' to a point; thence north at right angles, a distance of 253.48' to a
point in the easterly line of lands of the City of Buffalo Urban Renewal
Agency; thence southwesterly along said line at an interior angle of
44-38'-52", a distance of 220.02' to a point; thence continuing southwesterly
along said easterly line at an interior angle of 200 -36' 40", a distance of
191.43' to a point; thence southerly at an interior angle of 119-24'-41", a
distance of 288.76' to a point in the north line of Penn Central Railroad;
thence east along the north line of Penn Central Railroad, a distance of
830.71' to the point of beginning, containing 6.09 more or less acres;
and
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk and proof of such filing has been filed with the City Clerk.
IT IS HEREBY CERTIFIED, that pursuant to Section 34 of the Charter that
the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
LAWRENCE K. RUBIN
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 136
ERIE COUNTY INDUSTRIAL, OWNER,
PETITION TO USE 1200 NIAGARA FOR A WALL SIGN
(Item No. 91, C.C.P., 3/3/92)
That after a public hearing held before the Committee on Legislation
on March 10, 1992 the petition of Erie County Industrial to use 1200 Niagara
for a wall sign be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 137
HODGE PROPERTIES, INC., OWNER, PETITION TO USE 459-467 ELMWOOD AVENUE FOR A
SIT-IN RESTAURANT
(Item No. 92, C.C.P., 3/3/92)
That after a public hearing held before the Committee on Legislation
on March 10, 1992 the petition of Hodge Properties to use 459-467 Elmwood
Avenue for a sit-in restaurant be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 138
24 RHODE ISLAND REQUESTS
PERMISSION TO INSTALL AWNING
(ITEM NO. 30, C.C.P., MAR 3, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Marty Kohler of Kohler Awning, Inc., acting as
agent for the Episcopal Church Nursing Home, located at 24 Rhode Island Street,
to install an awning which would encroach city right-of-way at said address,
subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant be assessed an annual fee of $100.00 as long as said
awning remains within city right-of-way in accordance with Chapter 413-56 (H.)
of the City of Buffalo Ordinances.
4. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond which will indemnify and save harmless the
City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said awning.
PASSED.
AYES- 13 NOES- 0.
No. 139
ORDINANCE AMENDMENT CHAPTER 216-6
GARBAGE, RUBBISH AND REFUSE
ITEM NO. 172, C.C.P., FEB. 18, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be Received and Filed, Seconded by Mr.
Amos.
ADOPTED.
No. 140
Ordinance Amendment/Garbage/Refuse (EMC)
(Item # 3 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Ordinance Amendment/Garbage/Refuse (STS)
(Item # 49 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Ordinance Amendment/Garbage/Refuse (local 264)
(Item # 82 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Use Gate House Law/Nuisance Abatement
(Item # 138 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Delaware Park Master Plan (CD)
(Item # 74 CCP Dec 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
RESTORATION OF YOUTH FUNDING
(ITEM NO. 179, C.C.P., MAR 3, 1992)
That the City of Buffalo Common Council requests that the total
amount of the $143,117 of youth service and recreation dollars be released to
Erie County municipal governments as per the County Comprehensive Planning
Agreement.
That the City of Buffalo is entitled to receive $119,472 for youth
service and recreation from the County of Erie as per the County Comprehensive
Planning Agreement.
That the City Clerk be and is hereby directed to furnish a certified copy
of this resolution to County Executive, Dennis T. Gorski, the Erie County
Legislature, Erie County Budget Director, Sheila Kee and all municipal
governments in Erie County.
That the County Executive, be and he hereby is requested to file his
response with the Buffalo Common Council on or before April l, 1992.
ADOPTED.
No. 146
Report Of Operations/Arena Roller Rink (PW)
(Item # 35 CCP Feb 4, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Impose Commuter Tax
(Item # 205 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Request Reduction In Salary (CC)
(Item # 36 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
APPOINTMENT TO SPECIAL COMMITTEES
AND TASK FORCES
This Common Council does hereby appointment the following as chairmen
Of the Special Committees and Task Forces indicated opposite their names:
Pitts: Special committee on C.A.T.V.
Pitts: Auditorium and Stadium Task Force
Higgins: Education Funding Formula Review Task Force
Fahey: Police Reorganization Task Force
Coppola: Streets Department Oversight Task Force
ADOPTED.
RESOLUTIONS
No. 150
BY: MR. AMOS
Reevaluate Fee Structure
WHEREAS: Much is being said about Buffalo's budget, unfortunately
none of what has been said is positive; and
WHEREAS: Increasing property taxes have become an all to easy way out. The
citizens of Buffalo are bracing themselves for a sharp increase in property
taxes, an increase which would devastate many; and
WHEREAS: City officials have tried, without success, to identify alternative
sources of revenue; and
WHEREAS: A close examination of our City budget and its configuration reveal
the need for serious restructuring;
and
WHEREAS: The answers to the following questions will reveal the need to
seriously address this problem.
QUESTION 1: Do the Mayor and City Council realize that the City receives less
than 4.5%, or around $11.9 million, of its gross General Fund Budget revenues
of $262.4 million for 1991-1992 from fees for services? Do we know how much we
expend on delivering those services? Even more basically, do we know with great
specificity what services we provide, who benefits from them, how much are the
benefits, how much of the benefits are what the economists call "spillover
benefits" and how much are "special benefits"?
I have had a very experienced Syracuse University Maxwell School
graduate, who for 42 years has specialized in municipal service benefit
analysis, review our Budget and he tells me that the City is providing at least
the following services in the listed categories:
I. General Benefit Services 50
II. Limited Benefit Services 25
III. Special Benefit Services 350
Have we even identified the special benefit services?
QUESTION 2: Looked at another way, When grants, transfers from utility and
enterprise funds, sale and rental of City property, interest earnings, intra
and interfund transfers, and taxes are removed the General Fund only generates
$11,469,669 in revenues. That is only 5.3% of General Fund revenues. That
being the case, how do we know that the same doesn't prevail for the Board of
Education Fund, the Water Fund, the Stadium & Auditorium Fund, the Parking Fund
and Pilot Field? Shouldn't we know? How can we continue to load everything
onto the property tax, or even the user fee payers unless we know with great
specificity what services we provide, how much each costs using true business
cost definitions and systems, and who benefits and the value of those benefits?
QUESTION 3: Do you know that we collect less than $35,000 of fees for service
in the Police Department for such things as response to repeated false alarms,
fingerprint cards for private purposes, records search and clearance letters
for individuals, call backs for noisy parties, provision of police reports for
insurance claims, copying of police reports, special patrol services,
reproduction of police crime scene photos and records in criminal discovery
Proceedings, and all the other strictly "private" as opposed to purely "public"
police services we provide, which in total cost $45.6 million in 1991-1992?
QUESTION 4: The Division of Planning total budget is $407,271, yet the revenues
which it collects for zone change applications, use permits, and all the other
numerous reviews and actions which benefit private property owners and act to
increase the value of their properties, amounts to only $5,000. Doesn't that
seem to indicate that the general City property taxpayer is subsidizing heavily
those special benefit land use actions, when only 1.2% of the budget is
fee-financed? In many areas of the country these activities are essentially
self-financing.
QUESTION 5: The 1991-1992 Budget indicates that the Parking Enterprise Fund is
self sustaining and will provide $350,000 to the General Fund. Are we sure that
ALL costs, including fractional time of employees, departmental and general
administrative overhead, fixed asset replacement costs, and all indirect costs
such as insurance, communications, data processing time, revenue collection and
the like are, in fact, charged to and considered as a part of the "costs" which
determine rates to be charged?
QUESTION 6: Have all costs of on-street parking been charged against the fines
and fees collected for that activity. Have things like parking lane street
surface repair and replacement, and indirect costs of insurance, equipment
maintenance/repair/replacement, all fractional time of employees and their
benefits, and all enforcement costs been charged to this activity
, so as to unburden
the general property taxpayer from subsidizing those who park their cars on the streets? I note that we appropriated $1.8
million for Parking Enforcement but that the maintenance of the on-street parking areas is not separated in the Public
Works budget. How do we know definitively that the general property taxpayer is not having their money diverted from
Police, Fire and other essential public services to subsidize those who park their cars on the streets?
QUESTION 7: Why does the Budget only cross index revenue page numbers to
expenditure page numbers for the City departments and divisions, instead of
crediting such revenues directly to the generating program, thus securing some
sort of a match-up of revenues against expenditures required to provide the
service for which each revenue source supposedly is collected?
QUESTION 8: Does the City have an overhead and indirect cost distribution
computer program to assure that the inter-fund and interdepartmental charges
are both accurate and complete? If the City has such an indirect cost
allocation plan is it merely that version which is required for reimbursement
of overheads per Federal OMB Circular A-87 (FMC 74-4), or does is it a "pure"
overhead and indirect cost distribution program without the Federal base and
overhead exclusions?
NOW, THEREFORE BE IT RESOLVED THAT: The Mayor, Council President, Buffalo
Municipal Housing Authority, Buffalo Sewer Department and all other appropriate
city departments heads and divisions heads provided answers to any or all of
the above-mentioned questions that are applicable to their area of
responsibility.
BE IT FURTHER RESOLVED THAT the Mayor, Council President, Buffalo Municipal
Housing Authority, Buffalo Sewer Authority and all City Departments and
Divisions, BEDC, DDI, AND BURA responded within thirty days of this resolutions
adoption.
ADOPTED.
No. 151
BY: MR. AMOS
NEGOTIATE SALE 469 PARKER
WHEREAS: A home located at 469 Parker Ave. in the city of Buffalo
has a fence on that premises that encroaches upon the city right of way in an
area ten feet by thirty feet in length; and
WHEREAS: Prior owners of the property, Nicholas and Carol Krestos, sold this
home in a privately conducted transaction; and
WHEREAS: In order to close the sale on the property, Mr. and Mrs. Krestos
were required to enter into an escrow agreement whereby money was withheld from
them pending a successful homestead transfer of a ten by one hundred
twenty-five foot section of the City's right of way to the current owners, Paul
and Kim Murphy ; and
WHEREAS: The parcel in question is not eligible for homesteading and must
therefore be purchased through a negotiated sale;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council directs the Director of Real Estate to enter into
negotiations for the sale of the parcel of land adjacent to the home at 469
Parker Ave.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMPTROLLER.
No. 152
BY: MR. AMOS
FORGIVE COST OF DEMOLITION -501 GOODYEAR
WHEREAS: On November 6, 19919 the structure at 501 Goodyear Street
was demolished by the city of Buffalo; and
WHEREAS: The cost of the demolition was $4,667.00; and
WHEREAS: Marlene Benning, owner of the property at 501 Goodyear, is
experiencing financial difficulties and is unable to pay the bill;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council waive the demolition costs assessed to Marlene Benning
for the demolition of the structure at 501 Goodyear.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVlTALIZATION AND THE CORPORATION COUNSEL.
No. 153
BY MESSRS. ARTHUR AND COLLINS
OPPOSE STATE REAPPORTIONMENT PLAN
WHEREAS: On Monday, March 9, 1992 the Legislature of the state
of New York approved new district lines for the Senate and Assembly; and
WHEREAS: The reapportionment plan as approved by the Legislature would have
adverse effects on the political, economic and geographic interests of the City
of Buffalo because: (1) it decreases the number of Assembly seats circumscribed
by the city limits of Buffalo from three (3) to one (1), leaving only the 141st
Assembly District entirely within the City of Buffalo; and (2) it decreases the
number of Senate seats contained entirely within the geographic boundaries of
Buffalo from one (1) to zero (0) by dividing Senate District 58 between the
cities of Buffalo and Niagara Falls and between the counties of Niagara and
Erie; and
WHEREAS: These aspects of the plan would decrease the political
representation of citizens of the City of Buffalo in the New York Legislature,
and would pit the geographic and economic interests of Niagara Falls against
those of the City of Buffalo while providing neither community with its own,
single advocate in the Senate; and
WHEREAS: The division of Senate District 58 between Niagara Falls and
Buffalo and encompassing Grand Island and sections of other communities, would
not only diminish the political representation of the City of Buffalo on the
New York State Legislature but it would also adversely effect the
African-American population currently residing in Senate District 58 by
diminishing their voting strength and making it much more difficult for a
minority representative to be elected under the new lines; and
WHEREAS: Fairness and justice dictate that a city in New York State, any
city, the size and population of Buffalo should have more than one Assembly
District contained entirely within its boundaries, and it should be entitled to
representation in the Senate by an advocate dedicated to the political,
economic and geographic interests of the City of Buffalo.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council hereby objects to the reapportionment plan approved by the
New York Legislature and requests the Corporation Counsel to prepare and file
an amicus curiae brief, joining the suit filed by FAIR (Fund for Accurate and
Informed Representation) and currently pending in Federal District Court in the
Adirondack Region and any other subsequent suits that may be filed by other
disenfranchised groups or individuals; and
BE IT FURTHER RESOLVED THAT:
This Common Council calls on Governor Cuomo to hold a public hearing on the
proposed reapportionment map, and if he is prohibited by law from doing so that
he veto the proposed reapportionment plan; and
BE IT FINALLY RESOLVED THAT:
Certified copies of this resolution be sent to all members of the Western New
York delegation to the New York Legislature, to the Clerks of the Senate and
the Assembly and to Governor Cuomo.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES-FAHEY- 1.
No. 154
BY MR. ARTHUR
REQUEST INVESTIGATION OF ADT
SECURITY SYSTEMS
WHEREAS: With crime, particularly violent crime and crimes against
property, on the rise in the City of Buffalo many Buffalo residents have opted
to hire private security firms to provide greater security for themselves,
their families and their property; and
WHEREAS; ADT Security Systems has recently relocated its security
headquarters and dispatch operations to Rochester, New York resulting in
complaints from residents of the City of Buffalo that their calls for
assistance are being delayed, with some individuals complaining that they were
put on "hold" for 5 minutes or more; and
WHEREAS: Citizens who contract with private security firms should be
protected from changes in business practices that adversely impact their
security and investment.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council requests the State Attorney General to investigate the
operations of ADT Security Systems to ascertain whether customers of ADT are
receiving the services for which they contracted; and
BE IT FURTHER RESOLVED THAT:
Certified copies of this resolution be filed with the Clerks of the New York
State Senate and Assembly so that the Legislature can determine whether more
stringent regulations governing the operations of private security operators in
New York State are necessary.
ADOPTED.
No. 155
BY MR. ARTHUR
REQUEST TRAFFIC STUDY AND STOP SIGNS CORNERS OF STANISLAUS AND
SOBIESKI
WHEREAS: Citizens residing in the area of Stanislaus and Sobieski
have complained of a traffic hazard resulting from automobiles speeding through
their neighborhood; and
WHEREAS: This area is heavily traveled by children and other pedestrians on
their way to school and/or worship at St. Adalbert's Church and School.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Department of Public Works, Division of
Traffic, to investigate the traffic hazard complained of by area residents and,
if deemed appropriate, to install stop signs on the southwest and northeast
corners of Stanislaus at Sobieski.
ADOPTED.
No. 156
BY: MESSRS. BAKOS AND ZUCHLEWSKI
MEMORIALIZE THE STATE OF NEW YORK LEGISLATURE TO ELIMINATE THE
FILING AND TRANSCRIPT FEES FOR JUDGEMENTS
WHEREAS: Filing judgements against flagrant violators is a formidable
part of the Buffalo Parking Violations Bureau's enforcement program ; and
WHEREAS: A $40.00 fee is charged for each judgement filed with City Court
and a $10.00 fee is charged for judgements filed in Erie County Court. The
Buffalo Parking Violations Bureau files approximately 150 judgements per month
amounting to approximately $7500.00 of fees paid out monthly; and
WHEREAS: The Buffalo Parking Violations Bureau reports approximately
$16,500,000 in outstanding fines owed to the city. The Parking Bureau must pay
approximately $90,000 in annual fees for the right to file judgements to
enforce payment of debts owed to the city ; and
WHEREAS: The fees charged to the Buffalo Parking Violations Bureau for the
filing of judgements against flagrant violators should be waived because these
fees are creating a added financial strain on the city, and are unjust
compensation for services utilized to aid the city in recovering revenue still
outstanding;
NOW, THEREFORE BE IT RESOLVED THAT:
The Common Council of the City of Buffalo memorializes the State of New York to
eliminate the filing and transcript fees for judgements filed in City and
County Courts by the Buffalo Parking Violations Bureau similar to what is being
done in New York City and Rochester; and
BE IT FINALLY RESOLVED:
The City Clerk be directed to send certified copies of this resolution to the
Clerk of the Assembly, The Secretary of the Senate, members of the WNY
delegation to the New York State Senate and the Commissioner of the New York
State Motor Vehicles Department.
ADOPTED.
AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES-PITTS- 1.
No. 157
BY MR. COLLINS
Transfer of Funds Appropriation Allotments
Exempt Items - Water Enterprise Fund - Water
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$15,500 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items - Water and said sum is hereby
reappropriated as set forth below:
From:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $15.500
To:
410 Enterprise Fund - Water
98-0 - Department of Water
021 - Administrative Services
Purchase of Services
573 - Engineering & Technical Services $15,500
PASSED.
AYES- 13 NOES- 0.
No. 158
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -CAPITAL PROJECTS FUND
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
$16,100 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Capital Projects Fund - Division of Development and
said sum is hereby reappropriated as set forth below:
FROM:
200 Capital Projects Fund
71-7 - Division of Development
089 - Squaw Island Remediation $16.100
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
521 - Squaw Island Remediation $16.100
PASSED.
AYES-13 NOES-0.
No. 159
BY MR. COLLINS
Transfer of Funds Appropriation Allotments
Exempt Items - Water Enterprise Fund - Water
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$27,000 he and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items - Water and said sum is hereby
reappropriated as set forth below:
From:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $27,000
To:
410 Enterprise Fund - Water
98-0 - Department of Water
021 - Administrative Services
Purchase of Services
573 - Engineering & Technical Services $27,000
PASSED.
AYES-13 NOES-0.
No. 160
BY MR. COLLINS
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND
DIVISION OF BUDGET & MANAGEMENT
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
$27,500 be and the same is hereby transferred from various accounts in Capital
Projects Fund - Division of Budget & Management and said sum is hereby
reappropriated as set forth below:
FROM:
200 Capital Projects Fund
06-1 - Division of Budget & Management
001 - Planning for Capital Projects $27,500
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
522 - Delaware Park Restoration $27,500
PASSED.
AYES-13 NOES-0.
No. 161
BY MR. COLLINS
INCREASED APPROPRIATION
RESERVED FUND BALANCE
APPROPRIATION ALLOTMENTS -
DIVISION OF PARKING ENFORCEMENT
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Parking Enforcement be and the same hereby is
increased in the sum of $70,000.
That, the Comptroller be and hereby is authorized and directed to
transfer the sum of $70,000 from 100-890-050 - Reserved Fund Balance for
Capital Budget Appropriations to meet this increased appropriation as set forth
below:
TO:
100 General Fund
06-4 - Division of Parking Enforcement
085 - Capital Outlay
930 - Highways & Highway Improvements
Parking Meter Housings & Mechanisms $70,000
PASSED.
AYES-13 NOES-0.
No. 162
BY MR. COLLINS
Increased Appropriation Appropriation Allotments
Regular Departments Fringe Benefits
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Regular Departments and Fringe Benefits be and the same hereby is
increased in the sum of $17,077,871.
That, the Comptroller be and hereby is authorized and directed to transfer the
sum of $17,077,871 from funds received from the proceeds of the sale of budget
notes.
To meet this increased appropriation as set forth below:
100 General Fund
010 Common Council
001 - Legislative
Personal Services
110 - Salaries - Regular $22,324
002 - Majority Leader
Personal Services
110 - Salaries - Regular 2,892
009 - Finance Committee Chairman
Personal Services
110 - Salaries - Regular 4,685
004 - Legislation Committee Chairman
Personal Services
110 - Salaries - Regular 3,099
005 - Civil Service Committee Chairman
Personal Services
110 - Salaries - Regular 4,665
006 - Councilmember 6
Personal Services
110 - Salaries - Regular 4,865
007 - Economic Development Committee Chairman
Personal Services
110 - Salaries - Regular 4,921
008 - Urban Renewal Committee Chairman
Personal Services
110 - Salaries - Regular 4,915
009 - Councilmember 9
Personal Services
110 - Salaries - Regular 4,865
010 - Councilmember 10
Personal Services
110 - Salaries - Regular 4,607
011 - Claims Committee Chairman
Personal Services
110 - Salaries - Regular 4,926
012 - Councilmember 12
Personal Services
110 - Salaries - Regular 4,865
019 - Councilmember 13
Personal Services
110 - Salaries - Regular 4,858
011 - Division of City Clerk
001 - City Clerk
Personal Services
110 - Salaries - Regular 33,448
114-Overtime Pay 1,680
121 - Acting Time 249
020 - President of the Common Council
001 - Legislative
Personal Services
110 - Salaries - Regular 10,682
030 - Mayor & Executive
001 - Executive
Personal Services
110 - Salaries - Regular 32,084
031 - Division of Vital Statistics
001 - Vital Statistics
Personal Services
110 - Salaries - Regular 5,283
034 - Zoning Board of Appeals
021 - Zoning Board of Appeals
Personal Services
110 - Salaries - Regular 7,528
040 - Department of Audit & Control
002 - Data Processing
Personal Services
110 - Salaries - Regular 96,348
041 - Division of Audit
001 - Audit Services
Personal Services
110 - Salaries - Regular 87,823
042 - Division of Accounting
001 - Accounting
Personal Services
110 - Salaries - Regular 18,177
043 - Division of Real Estate
001 - Real Estate Management
Personal Services
110 - Salaries - Regular 25,228
114-Overtime Pay 341
121 - Acting Time 17
080 - Department of Administration & Finance
001 - Administrative Services
Personal Services
110 - Salaries - Regular 8,083
061 - Division of Budget & Management
001 - Administrative Services
Personal Services
110 - Salaries - Regular 33,674
114-Overtime Pay 1,186
064 - Division of Parking Enforcement
013 - Parking Meters & Enforcement
Personal Services
110 - Salaries - Regular 32,579
114-Overtime Pay 1,249
115-Holiday Pay 38
121 - Acting Time 149
022 - Parking Violations Bureau
Personal Services
110 - Salaries - Regular 81,468
114-Overtime Pay 1,112
031 - Towing & Storage Operations
Personal Services
110 - Salaries - Regular 48,262
065 - Division of Treasury
001 -Treasury
Personal Services
110 - Salaries - Regular 36,322
090 - Department of Assessment
001 - Assessment
Personal Services
110-Salaries-Regular 59,808
100 - Department of General Services
001 - Administrative Services
Personal Services
110 - Salaries - Regular 27,119
114-Overtime Pay 89
121 - Acting Time 53
101 - Division of Purchase
001 - Purchasing
Personal Services
110 - Salaries - Regular 26,490
114-Overtime Pay 162
121 - Acting Time 176
104 - Division of Inventory & Stores
001 - Inventory Management
Personal Services
110 - Salaries - Regular 118,467
114-Overtime Pay 11,124
115-Holiday Pay 3,103
121 - Acting Time 96
201 - Office of the Police Commissioner
001 - Administrative
Personal Services
110 - Salaries - Regular 34,040
114 Overtime Pay 374
115-Holiday Pay 209
121 - Acting Time 18
122 - Reporting Time 1,403
002 - Office of Professional Standards
Personal Services
110 - Salaries - Regular 12,797
122 - Reporting Time 1,626
003 - Office of Public Affairs
Personal Services
110 - Salaries - Regular 83,531
114-Overtime Pay 4,820
115-Holiday Pay 989
120-Court Time 60
122 - Reporting Time 4,975
202 - Bureau of Special Services
001 - Administration & Intelligence
Personal Services
110 - Salaries - Regular 43,433
114-Overtime Pay 1,735
115 - Holiday Pay 535
120-Court Time 1,625
122 - Reporting Time 62
002 - Tactical Division
Personal Services
110 - Salaries - Regular 659,598
111 - Salaries - Seasonal 76,421
114-Overtime Pay 35,346
115-Holiday Pay 9,090
120 - Court Time 29,644
121 - Acting Time 2,200
122 - Reporting Time 39,043
120 - Duty Disability - Regular 418
129 - Duty Disability - Reporting 50
003 - Investigations Division
Personal Services
110 - Salaries - Regular 399,719
114-Overtime Pay 58,177
115-Holiday Pay 17,771
120-Court Time 41,208
121 -Acting Time 4,122
122 - Reporting Time 16,547
128 - Duty Disability - Regular 963
129 - Duty Disability - Reporting 126
203 - Bureau of Field Services
001 - Administration & Analysis
Personal Services
110 - Salaries - Regular 10,262
114-Overtime Pay 36
122 - Reporting Time 883
002 - Patrol Services
Personal Services
110 - Salaries - Regular 4,046,828
114-Overtime Pay 151,492
115-Holiday Pay 78,907
120-Court Time 152,005
121 - Acting Time 4,429
122 - Reporting Time 139,291
128 - Duty Disability - Regular 11,891
129 - Duty Disability - Reporting 1,453
204 - Bureau of Administrative Services
001 - Administrative
Personal Services
110 - Salaries - Regular 86,736
114-Overtime Pay 1,377
115-Holiday Pay 774
120-Court Time 52
121 - Acting Time 48
122 - Reporting Time 6,236
Purchase of Services
571 - Medical Services 100,000
002 - Management Services
Personal Services
110 - Salaries - Regular 121,925
114-Overtime Pay 2,062
115-Holiday Pay 1,023
120 -Court Time 8
122 - Reporting Time 3,928
003 - Building & Fleet Maintenance
Personal Services
110 - Salaries - Regular 48,868
114 - Overtime Pay 1,753
004 - Communication & Records
Personal Services
110 - Salaries - Regular 306,878
114-Overtime Pay 18,832
115-Holiday Pay 6,681
210 - Department of Fire
011 - Fire Fighting Services
Personal Services
110 - Salaries - Regular 4,673,206
114-Overtime Pay 211,127
120-Court Time Pay 1,202
121 - Acting Time 8,830
124-Meal Time 102,177
128 - Duty Disability - Regular 16,443
130 - Duty Disability - Meal Time 1,434
Purchase of Services
571 - Medical Services 194,500
012 - Fire Prevention Services
Personal Services
110 - Salaries - Regular 69,430
114-Overtime Pay 340
121 - Acting Time 118
124 - Meal Time 5,888
013 - Fire Boat Services
Personal Services
110 - Salaries - Regular 98,221
022 - Fire Defense & Training Services
Personal Services
110 - Salaries - Regular 12,528
114-Overtime Pay 1,012
124 - Meal Time 1,581
023 - Fire Alarm & Telegraph System
Personal Services
110 - Salaries - Regular 141,365
114 - Overtime Pay 18,110
120-Court Time 20
121 - Acting Time 1,830
124-Meal Time 6,615
031 - Fire Headquarters & Stationhouse Maintenance
Personal Services
110 - Salaries - Regular 15,410
114-Overtime Pay 191
121 - Acting Time 317
240 - Department of Inspections & Community Revitalization
021 - Administrative Services
Personal Services
110 - Salaries - Regular 26,332
241 - Division of Housing & Property Inspections
011 - Inspections & Enforcement
Personal Services
110 - Salaries - Regular 26,912
242 - Division of Community Revitalization
021 - Community Revitalization
Personal Services
110 - Salaries - Regular 43,323
114-Overtime Pay 27
400 - Department of Public Works
021 - Administrative Services
Personal Services
110 - Salaries - Regular 7,417
401 - Division of Engineering
012 - Lighting of Streets
Personal Services
110 - Salaries - Regular 6,885
014 - Construction of Streets
Personal Services
110 - Salaries - Regular 68,368
114-Overtime Pay 493
115 - Holiday Pay 69
121 - Acting Time 281
015 - Repair & Construction of Other Public Improvements
Personal Services
110 - Salaries - Regular 99,789
016 - Design & Planning of City Streets
Personal Services
110 - Salaries - Regular 39,862
021 - Administrative Services
Personal Services
110 - Salaries - Regular 43,940,
023 - Traffic Engineering Services
Personal Services
110 - Salaries - Regular 130,861
114-Overtime Pay 3,486
115-Holiday Pay 380
121 - Acting Time 328
402 - Division of Buildings
011 - Inspection of Non-Public Plans & Structures
Personal Services
110 - Salaries - Regular 33,255
114 - Overtime Pay 58
013-Licenses
Personal Services
110 - Salaries - Regular 9,084
021 - Administrative Services
Personal Services
110 - Salaries - Regular 22,354
022 - Plan & Design of Public Buildings
Personal Services
110 - Salaries - Regular 27,453
500 - Department of Human Resources
001 - Executive - Administrative
Personal Services
110 - Salaries - Regular 8,714
002 - Administrative
Personal Services
110 - Salaries - Regular 13,050
003 - Contract Administration
Personal Services
110 - Salaries - Regular 26,684
152 - Veterans Helping Veterans
Personal Services
110 - Salaries - Regular 6,583
505 - Division for Employment & Training
Personal Services
110 - Salaries - Regular 10,335
506 - Division for Youth
011 - NYS Youth Commission Program
Personal Services
110 - Salaries - Regular 11,296
601 - Division of Parks
011 - Park District Golf Courses & Gardens
Personal Services
110 - Salaries - Regular 51,432
114-Overtime Pay 20,421
115-Holiday Pay 252
121 - Acting Time 337
012 - Care & Replacement of Trees
Personal Services
110 - Salaries -Regular 6,713
114-Overtime Pay 2,081
121 - Acting Time 223
021 - Administrative Services
Personal Services
110 - Salaries - Regular 5,069
032 - Servicing Automotive Equipment
Personal Services
110 - Salaries - Regular 14,066
114-Overtime Pay 4,684
115-Holiday Pay 48
121 - Acting Time 53
602 - Division of Recreation
012 - NYS Youth Commission Program
Personal Services
110 - Salaries - Regular 31,113
114-Overtime Pay 499
021 - Administrative Services
Personal Services
110 - Salaries - Regular 4,745
700 - Department of Street Sanitation
011 - Collection of Ashes, Garbage & Refuse
Personal Services
110 - Salaries - Regular 766,141
114-Overtime Pay 170,713
115-Holiday Pay 7,203
012 - Vermin & Animal Control
Personal Services
110 - Salaries - Regular 35,275
114-Overtime Pay 829
115-Holiday Pay 733
121 - Acting Time 75
013 - Cleaning Streets & Snow Removal
Personal Services
110 - Salaries - Regular 220,300
114-Overtime Pay 29,672
115-Holiday Pay 7,057
121 - Acting Time 299
021 - Administrative Services
Personal Services
110 - Salaries - Regular 20,304
121-Acting Time 47
022 - Radio Control
Personal Services
110 - Salaries - Regular 29,876
114-Overtime Pay 4,432
115-Holiday Pay 1,239
031 - Mechanical Services
Personal Services
110 - Salaries - Regular 11,998
114-Overtime Pay 528
092 - Servicing Automotive Equipment
Personal Services
110 - Salaries - Regular 77,829
115 - Holiday Pay 4,177
121 - Acting Time 249
710 - Department of Community Development
001 - Executive
Personal Services
110 - Salaries - Regular 42,211
711 - Division of Planning
001 - Community Development Planning
Personal Services
110 - Salaries - Regular 49,656
819 - Fringe Benefits
128 - Duty Disability - Regular 970,000
156 - Social Security 1,064,000
TOTAL $17,077,871
REFERRED TO THE COMMITTEE ON FINANCE.
No. 163
BY:MR. COLLINS
BOND RESOLUTION
$125,000 GENERAL IMPROVEMENT SERIAL BONDS THE IMPROVEMENTS OF THE DELAWARE PARK
ROSE GARDEN
ACCOUNT 200-402-080
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $125,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE IMPROVEMENTS OF THE DELAWARE PARK ROSE GARDEN, AT THE
ESTIMATED MAXIMUM COST OF $125,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Twenty-Five Thousand Dollars ($125,000), 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 improvements of the Delaware Park Rose Garden, including
reconstruction and improvements to the pergola, fence, and fountain and the
installation of lighting. The estimated maximum cost of said class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $125,000 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 Buildings, "Reconstruction of Delaware Park Rose Garden 1991-92,"
Bond Authorization Account No. 200-402-080, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the cost or
a portion of the cost of said improvements for which serial bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in the maximum amount of $125,000. This resolution is a declaration of
official intent adopted pursuant to the requirements of Treasury Regulation
Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity 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 ratio or amount. The faith and credit of said City
are hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: MARCH 17, 1992
LAID ON THE TABLE.
No. 164
BY: MR. COLLINS
BOND RESOLUTION
$125,000 SERIAL BONDS
THE CONSTRUCTION OF THE LASALLE
PARK CONCESSION STAND AND RESTROOM FACILITIES
ACCOUNT 200-402-095
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $125,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE CONSTRUCTION OF THE LASALLE PARK CONCESSION STAND AND
RESTROOM FACILITIES, AT THE ESTIMATED MAXIMUM COST OF $125,000. (Account
200-402-095)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Twenty-Five Thousand Dollars ($125,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the "Law"); to finance
the cost of the construction of new concession and restroom facilities near the
center of LaSalle Park. The estimated maximum cost of said specific objects or
purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $125,000 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 Buildings, "Relocation of LaSalle Park Concession Stand 1991-1992,"
Bond Authorization Account No. 200-402-095, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $125,000. This resolution is a declaration
of official intent adopted pursuant to the requirements of Treasury Regulation
Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19. (c) of the Local Finance Law,
is fifteen (15) years.
(b) Current fund are not required by the Law to be provided as a down
payment prior to the issuance of the $150,000 bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
INTRODUCED MARCH 17, 1992
LAID ON THE TABLE.
No. 165
BY: MR. COLLINS
BOND RESOLUTION
$150,000 SERIAL BONDS
THE RECONSTRUCTION OF ST. MARY OF SORROWS
CHURCH
ACCOUNT 200-717-045
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $150,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, IN
ADDITION TO THE $665,000 GENERAL IMPROVEMENT SERIAL BONDS HERETOFORE
AUTHORIZED, IN ADDITION TO THE APPLICATION OF STATE AND FEDERAL FUNDS IN THE
AGGREGATE AMOUNT OF $728,000, PRIVATE FUNDS IN THE AGGREGATE AMOUNT OF
$1,572,000, AND $35,000 CURRENT FUNDS HERETOFORE APPROPRIATED, TO FINANCE THE
COST OF THE PARTIAL RECONSTRUCTION OF A BUILDING KNOWN AS THE ST. MARY OF
SORROWS CHURCH, HERETOFORE ACQUIRED BY THE CITY, TO PROVIDE A COMMUNITY CENTER,
AT THE ESTIMATED MAXIMUM COST OF $3,150,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Fifty Thousand Dollars ($150,000), in addition to the $665,000
General Improvement Serial Bonds heretofore authorized, pursuant to the
provisions of the Charter of said City and the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); in
addition to the application of State and federal funds in the aggregate amount
of $728,000, private funds in the aggregate amount of $1,572,000; and $35,000
current funds heretofore appropriated, to finance the cost of the partial
reconstruction of a building, located at the northwest corner of the
intersection of Genesee and Rich Street and known as the St. Mary of Sorrows
Church, heretofore acquired by the City to provide a community oriented social,
educational and cultural center. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $3,150,000 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, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Community
Development, Division of Development, "Improvements to King Urban Life
Center-1991-92," Bond Authorization Account No. 200-717-045, and shall be used
for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $150,000. This resolution is a
declaration of official intent adopted pursuant to the requirements of
Treasury, Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of at least Class "B" construction as
defined by Section 11.00 a. 11 (b) of the Law, and the period of probable
usefulness applicable to the specific object or purpose for which the bonds
authorized by this resolution are to be issued, within the limitations of
Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years,
however the proposed maturity of the bonds shall not extend beyond April 10,
2005.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the $150,000 bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced MARCH 17, 1992
LAID ON THE TABLE.
No. 166
BY: MR. COLLINS
BOND RESOLUTION
$250,000 SERIAL BONDS
RECONSTRUCTION OF CLEARWELL BASIN AT WATER FILTRATION PLANT
ACCOUNT 415-980-081
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID
CITY, IN ADDITION TO THE $10,000,000 WATER SUPPLY SERIAL BONDS HERETOFORE
AUTHORIZED, TO FINANCE THE COST OF RECONSTRUCTION OF CLEARWELL BASIN AT WATER
FILTRATION PLANT, AT THE ESTIMATED MAXIMUM COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Water Supply Serial Bonds of said City in the
principal amount of Two Hundred Fifty Thousand Dollars ($250,000), in addition
to the $10,000,000 Water Supply 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"); to finance the cost of reconstruction of water filtration plant
including the construction of a new filtered water conduit from the Filtration
Plant's Clearwell to the Colonel Ward Pumping Station. 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 Two Hundred Fifty Thousand Dollars
($250,000) 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 Water, "Reconstruction of Clearwell
Basin 1991-92," Bond Authorization Account No. 415-980-081, and shall be used
for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $250,000. This resolution is a declaration
of official intent adopted pursuant to the requirements of Treasury Regulation
Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 1. of the Local Finance Law, is
forty (40) years, however the proposed maturity of the bonds shall not extend
beyond November 29, 2028.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 53.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: MARCH 17, 1992
LAID ON THE TABLE.
No. 167
BY: MR. COLLINS
BOND RESOLUTION
$250,000 SERIAL BONDS
THE RECONSTRUCTION OF POLICE HEADQUARTERS
ACCOUNT 200-402-513
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE RECONSTRUCTION OF POLICE HEADQUARTERS, AT THE ESTIMATED
MAXIMUM COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
two hundred fifty thousand dollars ($250,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); to finance the
cost of the reconstruction of police headquarters, including interior and
exterior reconstruction, modernization of mechanical systems, and to purchase
the original furnishings, equipment, machinery and apparatus required in
connection with the purpose for which said building is to be used. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is two hundred fifty
thousand dollars ($250,000) 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 Buildings, "Reconstruction of
Police Headquarters 1991-92"," Bond Authorization Account No. 200-402-513, and
shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the cost or
a portion of the cost of said improvement for which serial bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in maximum amount of $250,000. This resolution is a declaration of official
intent adopted pursuant to the requirements of Treasury Regulation Section
1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "B" construction as defined by
Section 11.00 a. 11. b of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
11 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 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: MARCH 17, 1992
LAID ON THE TABLE.
No. 168
BY: MR. COLLINS
BOND RESOLUTION $300,000 SERIAL BONDS THE CONSTRUCTION OF A TRACK
AT TIFFT FARM
ACCOUNT 200-402-083
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 CONSTRUCTION OF A TRACK AT TIFFT FARM, AT THE ESTIMATED
MAXIMUM COST OF $300,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New
York (herein called "City"), is hereby authorized and directed to issue General
Improvement Serial Bonds of said City in the principal amount of 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 constructing
an all weather track, including relocating the soccer field and installing new
lighting. The estimated maximum cost of said specific objects or purposes for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
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 Buildings, "Construction of Track
at Tifft Farm 1991-92," Bond Authorization Account No. 200-402-083, and shall
be used for the purposes specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $300,000. This resolution is a
declaration of official intent adopted pursuant to the requirements of Treasury
Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19.(c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: MARCH 17, 1992
LAID ON THE TABLE.
No. 169
BY: MR. COLLINS
BOND RESOLUTION $500,000 SERIAL BONDS INFRASTRUCTURE IMPROVEMENTS
TO ST. COLUMBIA SQUARE
ACCOUNT 200-717-038
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $500,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE CONSTRUCTION OF WATER AND SEWER LINES AND STREETS IN
THE ST. COLUMBIA SQUARE HOUSING DEVELOPMENT, AT THE ESTIMATED MAXIMUM COST OF
$500,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (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), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of infrastructure improvements to the area known as St. Columbia Square in the
City consisting of (a) the construction of water lines and additions to the
water supply system at the estimated maximum cost of $70,000, (b) the
construction of sewer system additions at the estimated maximum cost of
$100,000, and (c) the construction and reconstruction of streets, including the
installation of sidewalks, drainage, and landscaping at the estimated maximum
cost of $330,000. The estimated maximum total cost of said class of objects or
purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is Five Hundred Thousand Dollars ($500,000) 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 Community Development, Division of "Development, "St.
Columbia Square Infrastructure 1991-92," Bond Authorization Account No.
200-717-038, and shall be used for the purposes specified in Section 1 of this
resolution.
Section 3. The County intends to finance on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $500,000. This resolution is a
declaration of official intent adopted pursuant to the requirements of Treasury
Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the $70,000 serial
bonds authorized by Section 1 (a) of this resolution are to be issued, within
the limitations of Section 11.00 (a) 1. of the Local Finance Law, is forty (40)
years; the period of probable usefulness applicable to the $100,000 serial
bonds authorized by Section 1 (b) of this resolution are to be issued, within
the limitations of Section 11.00 (a) U. of the Local Finance Law, is forty
(40) years; the period of probable usefulness applicable to the $330,000 serial
bonds authorized by Section 1 (c) of this resolution are to be issued, within
the limitations of Section 11.00 (a) 20. (c) of the Local Finance Law, is
fifteen (15) years; providing however, the maturity of the $500,000 bonds
authorized pursuant to this resolution shall not exceed five years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: MARCH 17, 1992
LAID ON THE TABLE.
No. 170
BY: MR. COLLINS
BOND RESOLUTION $16,000,000 SERIAL BONDS
THE CONSTRUCTION OF ANY EARLY CHILDHOOD CENTER
ACCOUNT 299-970-085
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $16,000,000 SCHOOL SERIAL BONDS OF SAID CITY, TO FINANCE THE
COST OF THE CONSTRUCTION OF ANY EARLY CHILDHOOD CENTER, AT THE ESTIMATED
MAXIMUM COST OF $16,000,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Serial Bonds of said City in the principal amount of sixteen
million dollars ($16,000,000), pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"); to finance the cost of
constructing a pre-K to Grade 2 school in the Jefferson-Best area in the City,
and to purchase the original furnishings, equipment, machinery and apparatus
required in connection with the purpose for which said building is to be used.
The estimated maximum cost of said specific object or purpose for which the
bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is sixteen
million dollars ($16,000,000) 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 Board of Education, "Construction of Early Childhood Center
1991-92," Bond Authorization Account No. 299-970-085, and shall be used for the
purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the cost or
a portion of the cost of said improvement for which serial bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in the maximum amount of $16,000,000. This resolution is a declaration of
official intent adopted pursuant to the requirements of Treasury Regulation
Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of at least Class "B" construction as
defined by Section 11.00 a. 11. b of the Law, and the period of probable
usefulness applicable to the specific object or purpose for which the bonds
authorized by this resolution are to be issued, within the limitations of
Section 11.00 (a) 11.(b) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof ,in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: MARCH 17, 1992
LAID ON THE TABLE.
No. 171
BY: MR. COLLINS
BUDGET NOTE RESOLUTION AUTHORIZING THE ISSUANCE OF $17,077,871
BUDGET NOTES TO FINANCE INCREASED APPROPRIATIONS FOR GENERAL CITY PURPOSES FOR
FISCAL YEAR 1991-92
BUDGET NOTE RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, ADOPTED
MARCH 1992, AUTHORIZING THE ISSUANCE OF $17,077,871 BUDGET NOTES OF SAID CITY,
INCLUDING RENEWALS THEREOF, TO PROVIDE FUNDS FOR CERTAIN EXPENDITURES FOR WHICH
INSUFFICIENT OR NO PROVISION IS MADE IN THE CITY'S ANNUAL BUDGET FOR FISCAL
YEAR 1991-92.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by favorable vote of not less than a majority of all
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
Budget Notes of said City, including renewals thereof if necessary, in the
principal amount of Seventeen Million, Seventy-Seven Thousand Eight Hundred
Seventy-One Dollars ($17,077,871), 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 ("Law"); for the specific object or
purpose of providing funds to meet expenditures for which insufficient or no
provision Is made in the annual budget of the City for Fiscal Year 1991-92,
comprising increased Appropriation Allotments for Regular Departments and
Fringe Benefits, as determined in the Certificate of Necessity of the Mayor and
the Comptroller dated March 11, 1992.
Section 2. The proceeds of the sale of said Notes authorized by this
resolution shall be deposited in the General Fund to the credit of
"Appropriation Allotments-Regular Departments and Fringe Benefits" and shall be
used for the purpose specified in Section 1 of this resolution.
Section 3. The following matters are hereby determined and stated:
(a) The annual budget for the City for the 1991-92 fiscal year is
$546,134,165.
(b) 5% of the amount in (a) above is $27,306,708.
(c) The maximum amount of budget notes that may be issued under Section
29.00 a. 2. of the Law is $27,306,708.
(d) There are no other funds available with which to pay or provide for
the object or purpose set forth in section 1. hereof.
(e) Said Budget Notes shall mature within one year from their date of
issuance and may be renewed from time to time but said Notes, including the
renewals thereof, shall mature not later than June 30, 1993.
Section 4. Each of the Notes authorized by this resolution and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Law. 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 the City are irrevocably pledged to the
punctual payment of the principal of and interest on said notes, and unless
said notes are otherwise paid or payment provided for, an amount sufficient for
such payment shall he provided by appropriation in the annual budget of the
City and a tax sufficient to provide for the payment thereof shall be levied
and collected during the 1992-93 fiscal year.
Section 5. Subject to the provisions of this resolution and of the Law,
and pursuant to Sections 50.00 to 60.00 and 168.00 of the Law, the powers to
prescribe the terms, form and contents, as to the sale and issuance of any such
Notes and the power to enter into agreements for credit enhancement for such
Notes and the renewals of the Notes authorized by this resolution, are hereby
delegated to the Comptroller as the chief fiscal officer of the City,
Section 6. This resolution shall take effect in accordance with Section
38 of the City Charter.
Introduced: MARCH 17, 1992
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 172
BY: MR. COLLINS
ORDINANCE AMENDMENT CHAPTER 309-28 of CHAPTER 175
PARKS & OTHER OPEN SPACE
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 309-28 entitled "Parks and Other Open Space" under Chapter
175 be amended to read as follows:
Chapter 309, Parks and Other Open Space 309-28 use of facilities
CITY IDENTIFICATION CARDS
Issued to city residents with
valid proof of residence, each $2.00
BUILDING RENTAL
Parkside Lodge and Cazenovia Casino only;
Evenings, Weekends, Holidays, per hour $25.00
Minimum Fee $100.00
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE FINANCE.
No. 173
BY: MR. COPPOLA
PROPOSE SALE OF CITY
OWNED PARKING RAMPS
WHEREAS: The City of Buffalo presently owns parking ramps located
at Gates Circle and Buffalo General Hospital; and
WHEREAS: The Parking Board raised rates at these two facilities effective
February l, 1992; and
WHEREAS: These ramps are in desirable locations and generate a profit; and
WHEREAS: In the private business sector, if a company is experiencing a
deficit problem, it is common to sell assets to improve its financial outlook;
and
WHEREAS With its present fiscal climate, the City of Buffalo should
consider selling some of its assets; and
WHEREAS: The sale of all city-owned ramps would produce revenue that could
help close the budget gap.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Division of Real Estate do appraisals of
both ramps and report the results to this body in anticipation of future sale.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 174
BY: MR. COPPOLA
REQUEST ASSISTANCE FROM
BUFFALO SEWER AUTHORITY
WHEREAS: The City of Buffalo's credit rating has been downgraded
by Standard & Poor's from BBB+ to BBB, which will impact future bond sales; and
WHEREAS: Standard & Poor's current credit rating for the Buffalo Sewer
Authority is A- following the last bond sale which occurred July l, 1991; and
WHEREAS: The Buffalo Sewer Authority, which increased sewer rates for budget
year 1991-92, has again projected a cash surplus this year; and
WHEREAS: The taxpayers of the City of Buffalo would benefit, the bond rating
of the city would be improved, and the future financial stability of the City
would be assured if the assets of the Buffalo Sewer Authority were transferred
to the City of Buffalo; and
WHEREAS: Douglas W. Ayres, a management consultant who specializes in
trimming the budgets of municipalities facing deficits, has suggested that one
way to improve Buffalo's financial outlook would be to dissolve the Buffalo
Sewer Authority; and
WHEREAS: If the City of Buffalo was a Savings & Loan, the federal government
would be assisting it during these times of financial stress. In the meantime,
the Administration should request immediate financial assistance from the
Buffalo Sewer Authority, which is more solvent than the City at this time.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Administration seek immediate financial
assistance from the Buffalo Sewer Authority to alleviate the City's financial
problems and to improve our bond rating in anticipation of dissolution of this
unnecessary authority.
ADOPTED.
No. 175
BY: MR. COPPOLA
PROTEST NEW IRS GUIDE
LINES FOR NOT-FOR-PROFIT
CORPORATE SPONSORSHIP
WHEREAS: The Internal Revenue Service has proposed changing the
regulations governing corporate sponsorship of not-for-profit events; and
WHEREAS: Under the current law, corporate donations to not-for-profit
agencies are considered tax exempt if the organization does not provide a
valuable benefit or service to the donor, but the use of the corporation's name
in a program or other advertising is allowed; and
WHEREAS: Under the new regulations, a determination will be made about
whether the extent of the exempt organization's exposure of the donor's name
constitutes significant promotion, and if significant promotion is determined
the amount of the donation will not be considered tax exempt and the
organization will be taxed in the unrelated business income category; and
WHEREAS: Currently, a corporation underwriting a not-for-profit event will
frequently provide signage and media advertising as part of the donation, while
under the new regulations these could be construed as significant promotion;
and
WHEREAS: The new regulation could impact some events that would not
otherwise be produced without corporate sponsorship such a last year's
Shakespeare in the Park, which was saved by a generous corporate donation which
also included signage listing the donor's name along with the event; and
WHEREAS: It would have been a major loss to this community if Shakespeare in
the Park had not been able to offer its productions last summer, and this
community owes a debt of gratitude to the donor for providing this popular,
well-produced cultural activity in Delaware Park, which is provided free.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council is opposed to any IRS regulation that inhibits corporate
donations of not-for-profit organizations that provide funding for cultural
events that might otherwise not be offered to the community and requests that
some latitude be given that would allow the corporate donor's name on signage
and any other form of advertising used to promote the event.
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to the Internal Revenue
Service, Assistant Commissioner of Exempt Organizations, Washington, D.C.
ADOPTED.
No. 176
BY: MR. COPPOLA
COUNCIL SUPPORT FOR
NYHEALTH (ASSEMBLY BILL (A-89l2)
WHEREAS: New York State Assembly Health Committee Chair Richard
Gottfried has introduced a bill (A-8l92; also known as NYHEALTH") which would
provide health care for all in New York State; and
WHEREAS: Sponsors estimate that NYHEALTH would save $5 billion by
eliminating private insurance industry waste and that $2.5 billion of these
savings would be adequate to provide health care to the two million New Yorkers
who lacked health insurance in 1991; and
WHEREAS: Coverage under NYHEALTH is independent of work, health, age or
income, and includes all out-patient and in-patient health care including
preventive, dental, eye prescription drugs, mental health, and treatment of
drug or alcohol addiction; and
WHEREAS,: NYHEALTH would be paid for with a 7.5% payroll tax which would be
paid by employers coupled with a 1.5% employee share payroll tax; and
WHEREAS: The payroll tax would replace all private health insurance premiums
and workers compensation health care costs; and
WHEREAS: Sponsors are so confident of the cost savings that they have
prepared forms on which businesses can compare the cost of NYHEALTH with their
current costs; and
WHEREAS: NYHEALTH would be run by a board of governors made up of consumers
and health care providers and under this program future cost increases would be
tied by the payroll tax to the combined growth in New Yorkers incomes; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Council hereby memorializes the New York State Legislature to pass A-89l2
and memorializes the NYS Senate to draft and pass a Senate version of the bill;
and
BE IT FURTHER RESOLVED THAT:
The City Clerk is directed to send a certified copy of this resolution to the
Clerk of the Assembly, the Secretary of the Senate and the members of Western
New York legislative delegation; and
BE IT FINALLY RESOLVED THAT:
This Common Council endorses the WNY Health Care Campaign forum on NYHEALTH
which will be held on May 28, 1992
ADOPTED.
No. 177
BY: MR. COPPOLA
SUPPORT H.R. 3560, THE
CABLE CONSUMER PROTECTION
ACT OF 1991
WHEREAS: The House Energy and Commerce Committee is expected to
act on a critical cable television re-regulation bill this month; and
WHEREAS: Since the cable industry was deregulated several years ago, cable
subscribers have complained about the high rate increases, lack of response to
cable problems, and limited programming; and
WHEREAS: Although other bills are currently being considered, H.R. 3560 is
the only cable television bill before Congress that will give cities the
authority to help cable subscribers; and
WHEREAS: The other bills that are pending rely too heavily on the federal
government and do not give local governments enough power to protect cable
subscribers and end abuse by cable operators.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council of the City of Buffalo endorses H.R. 3560 which will give
local governments the ability to protect cable subscribers by regulating rates,
consumer protection, and renewal provisions; and
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to the House Energy and
Commerce Committee to the attention of Representatives Eckart, Cooper and
Shays, sponsors of the bill.
ADOPTED.
No. 178
BY: MR. COPPOLA
REQUEST CHANGE IN
HOSPITAL REIMBURSEMENT
PROCEDURES TO ALLOW
DISPOSAL ALTERNATIVES
WHEREAS: Under complex NYS Department of Health (DOH) regulations
hospitals are rewarded for building incinerators for the disposal of their
wastes because they are reimbursed dollar for dollar for the capital expenses
involved; an
WHEREAS: In contrast, other NYSDOH approved means of dealing with hospital
waste such as recycling, reduction, reuse, autoclaving and microwaving involve
a greater percentage of costs which cannot be reimbursed as capital expenses
and which must be paid for out of hospital rate bases where they are in
competition with all other hospital operating costs; and
WHEREAS: As a result incineration is, in effect, subsidized relative to
other waste strategies; and
WHEREAS: Since incinerators with modern pollution control equipment cost
millions of dollars to build, the likely result of this "subsidy" is to raise
health care costs; and
WHEREAS: In addition, environmentalists and neighbors of hospitals have
pointed out that incinerators provide a dis-incentive to recycle or reduce
waste because, once built, incinerators work most efficiently when fed with a
constant supply of wastes; and
WHEREAS: They have also raised objections to incineration because it is a
source of toxic air pollution and many hospitals are located in densely
populated neighborhoods;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests Governor Cuomo and the New York State Legislature
to develop a reimbursement procedure which creates a level playing field upon
which recycling, incineration, waste reduction, autoclaving, reuse and
microwaving can compete; and
BE IT FURTHER RESOLVED THAT:
The City Clerk is directed to send certified copies of this resolution to
Governor Cuomo, the Clerk of the Assembly, the Secretary of the Senate and the
members of the Western New York legislative delegation.
ADOPTED.
No. 179
BY: MR. COPPOLA
REQUEST INFORMATION ON
RECENT BOARD OF EDUCATION PEST
CONTROL BIDS
WHEREAS: The Board of Education recently advertised for bids for
pest control services; and
WHEREAS: Three local firms responded to the request with bids of $45,864,
$23,940, and $12,960; and
WHEREAS: The contract was awarded to Ashland Pest Control as the "lowest
responsible bidder" in the amount of $23,940; and
WHEREAS: It is assumed that the reason the Board of Education advertised for
bids was to identify the lowest responsible bidder; and
WHEREAS: By choosing the middle bidder, the Board of Education will be
paying $12,000 more for pest control services than the actual low bidder,
A.B.C. Exterminators.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Board of Education prepare a response as
to why the actual low bidder, A.B.C. Exterminators, was not awarded the
contract during the recent bidding process for pest control services.
ADOPTED.
No. 180
BY: MR. COPPOLA
REQUEST INFORMATION ON
RECENT FISH DIE-OFF IN
DELAWARE PARK LAKE
WHEREAS: A recent report in the BUFFALO NEWS stated that a massive
fish die-off occurred in Delaware Park Lake; and
WHEREAS: According to the New York State Department of Environmental
Conservation the die-off was due to the lack of circulation in the lake, the
ice cover, and the presence of natural organics in the water which deplete
oxygen and cause stress for the fish; and
WHEREAS: The lake has experienced circulation problems in the past and the
mild winter prevented recreational ice skating on Delaware Park Lake because of
lack of proper ice formation.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Public Works, Parks
Department, New York State Department of Environmental Conservation, and the
Army Corps of Engineers report to this body on the recent fish die-off in
Delaware Park Lake addressing specifically what has been done to improve
circulation in the lake and what can be done about the accumulation of natural
organics which deplete oxygen.
BE IT FURTHER RESOLVED THAT
The City Clerk send certified copies of this resolution to the Department of
Environmental Conservation and the Army Corps of Engineers.
ADOPTED.
No. 181
BY: MR. COPPOLA
REQUEST CHANGE IN PARKING
REGULATIONS ON LINWOOD
WHEREAS: The present parking regulations on Linwood Avenue between
Lafayette and West Delavan call for two hour parking between 7:00 AM and 7:00
PM daily except Sunday on the east side of the street and no parking between
those hours daily except Sunday on the west side of the street; and
WHEREAS: Those regulations were imposed because of close proximity to
Millard Fillmore Hospital; and
WHEREAS: Neighborhood residents, who have long suffered from the lack of
on-street parking, have repeatedly been denied parking pads; and
WHEREAS: The recent increase in chalking and ticketing of streets adjacent
to the hospital by Parking Enforcement officers has impacted heavily on
neighborhood residents; and
WHEREAS: The precious on-street spaces are quickly filled up by hospital
employees and visitors because of the high cost of parking in the Gates Circle
Ramp; and
WHEREAS: Neighborhood residents would be better served if the two hour
parking restriction is changed to Alternate Type I.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Public Works Division of
Traffic Engineering undertake a feasibility study in anticipation of changing
the parking regulations on Linwood Avenue, between Lafayette and West Delavan,
to Alternate Type I.
ADOPTED.
No. 182
BY: MR. COPPOLA
APPOINTMENT OF CAROL GREISMANN TO MEDICAL
WASTE DISPOSAL OPTIONS TASK FORCE
WHEREAS: In 1991 this Common Council appointed a Medical Waste
Disposal Options Task Force after becoming concerned over the possibility that
several new medical waste burners might be built in the city; and
WHEREAS: This Task Force has been performing its function and has been an
important forum for communication between hospitals, neighborhood
organizations, environmentalists and the Council; and
WHEREAS: One of the members of the Task Force, Christine Houghton, had been
appointed to represent Greenpeace, but she has been unable to attend meetings
and has recently been let go by Greenpeace as part of their cutback program;
and
WHEREAS: Carol Greismann, as a neighbor of Millard Fillmore Hospital, has
experienced the impacts of medical waste incineration first hand and has
maintained an interest in the workings of the Task Force; and
WHEREAS: It is important that the Task Force be maintained at full strength
through its final deliberations; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby appoints Carol Greismann of 633 Linwood Avenue,
Buffalo, NY 14209 to the Medical Waste Disposal Options Task Force.
ADOPTED.
No. 183
BY: MR. HIGGINS
AUTHORIZE LEASE NEGOTIATIONS FOR CAZENOVIA PARK CASINO
WHEREAS: The Cazenovia Park Casino underwent a major reconstruction
in 1990; and
WHEREAS: In 1989, The Friends of Cazenovia Casino, a non-profit community
group, was established to help reintroduce the public to the Casino hosting a
number of well-attended free events including "Summer Series" featuring music
and plays, three FallFest's, Children's Christmas Parties, and Caz Casino
Classic Races; and
WHEREAS: The Casino has also been used by a number of community groups
including the Neighborhood Housing Services, Rental Health Association, Seniors
Citizens, Mt. Mercy High School and the Kiwanis Club; and
WHEREAS: Each group using the Casino has met the City requirement to provide
liability insurance but this requirement has precluded the Casino's use by
private individuals; and
WHEREAS: In an attempt to fully redevelop the Casino, the Department of
Public Works advertised for proposals from qualified developers in order for
the City of Buffalo to determine the most acceptable redevelopment plan for the
Cazenovia Casino; and
WHEREAS: Parker Bay Consultants responded to the advertisement on February
15, 1991 with a plan for food and beverage concession and operation of special
events; and
WHEREAS: It is vital a daily presence be established at the Cazenovia Casino
promoting its use and viability; and
WHEREAS: The City does not have the resources to develop and properly manage
the Casino and must look to a private concern; and
WHEREAS: As Parker Bay Consultants has submitted a proposal that is worth
review and negotiating a lease agreement; and
WHEREAS: Any negotiations with Parker Bay should include two(2) board
members of the Friends of Cazenovia Casino and any agreement should also
guarantee available dates for the Friends of Cazenovia Casino's public events
as well as consideration to other non-profit community groups, a fee schedule
for rentals, and a general operating plan.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council authorize the Commissioner of Public Works negotiate,
sign, and execute a lease with Parker Bay Consultants; and
BE IT FURTHER RESOLVED:
That this resolution be referred to the Department of Public Works, City
Comptroller, and the Law Department.
ADOPTED.
No. 184
BY: MR. HIGGINS
ORDINANCE AMENDMENT
CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 216-6 of the Code of the City of Buffalo be amended to read
as follows:
216-6. Preparation Requirements.
A. It shall be the duty of each householder to strain and securely wrap in
paper all garbage, kitchen and table waste designed for collection by the city.
The Commissioner of Street Sanitation is hereby authorized to refuse to
collect any garbage, kitchen or table waste not so wrapped.
B. Loose disposal of syringes, lancets and needles is hereby prohibited.
Syringes, lancets and needles must be disposed of in a sealed and clearly
marked container before such material is brought to the curb for collection.
The Commissioner of Streets and Sanitation is hereby authorized to refuse any
garbage not so prepared.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE LEGISLATION.
No. 185
BY: MR. HIGGINS
ORDINANCE AMENDMENT
CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection B of Section 216-15 of the Code of the City of Buffalo be
amended to read as follows:
216-15 B. Rules and Regulations.
(B.) All refuse material offered for collection shall be divided into two
(2) classes, as follows:
(1) Class 1: combustible materials. Such materials are defined as materials
that will readily and safely burn at the city incinerator and may be properly
disposed of there. This classification shall include garbage, paper, wood and
such other readily combustible materials which may be placed in a container
with the garbage, such container being a tight, metal container covered by a
properly fitted metal cover. This classification shall also include syringes,
lancets and needles which have been disposed of in a sealed and clearly marked
container before being placed in with other Class l materials brought to the
curb for collection. "Garbage" shall include all refuse of animal or vegetable
matter which was intended to be used as food for man or beast. Garbage shall
be thoroughly drained or strained and wrapped in paper and shall be kept in
such tight, metal, covered containers.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 186
BY: MR. HIGGINS
SET PUBLIC HEARING
Clinton-Emslie New Housing Project Phase I Approval of Land Disposition
Agreement Gal/Van Developers, Inc.
WHEREAS, Gal/Van Developers, Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of thirty (30) residential units of
new housing known as the Clinton-Emslie New Housing Project Phase I in the
Emslie Neighborhood Development Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
18th day of October 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 29th day of October 1991.
ADOPTED.
No. 187
BY: MR. PERLA
CRIME WATCH SIGH FOR
BAPTIST MANOR
WHEREAS: Citizens of the Baptist Manor located at 276 Linwood Avenue
between Bryant and West Utica have submitted a petition to the Buffalo Police
Department requesting that a Crime Watch Sign be installed; and
WHEREAS: The Baptist Manor is asking that this sign be erected at the
following location: on the front door of the building;
NOW, THEREFORE BE IT RESOLVED THAT:
That this Common Council grants permission to have a neighborhood Crime Watch
Sign installed at the location mentioned above by the City of Buffalo
Department of Public Works.
PASSED.
AYES-13 NOES-0.
No. 188
BY: MR. PERLA
REQUEST RESPONSE TO COMPTROLLER'S
AUDIT - DIVISION OF SUBSTANCE
ABUSE SERVICES
WHEREAS: The City Comptroller's Office recently released an audit
of the Division of Drug Abuse Services criticizing the operation of the
division for failure to use State Grant monies and personnel efficiently; and
WHEREAS: The audit denounces DSAS for using only one-third of State
reimbursable grant money by not filling long vacant positions for much needed
counselors; and
WHEREAS: In addition, the audit blames DSAS for tying up general city funds
for an extended period of time by forcing the city to subsidize programs by
using city monies for operation due to untimely submission of reimbursement
requests to the State; and
WHEREAS: The Common Council recognized long ago that DSAS was operating with
a short staff and was jeopardizing continuation of state funding because of the
vacancies, prompting the adoption of Resolution 166, C.C.P. 2/19/91, "Vacancies
in the Division of Substance Abuse Services," which called for the filling of
those positions; and
WHEREAS: At several meetings of the Civil Service Committee last year, the
newly designated Director of Substance Abuse Services stated that he would seek
to fill all vacant positions in that division so as not to endanger state
funding; and
WHEREAS: Furthermore, the Director of DSAS reprehended Council Staff members
for proposing to eliminate reimbursable vacant positions in the division by
cutting them from the 1991-92 City Budget. Ironically, after restoration of
those positions, many remain vacant one year later, and/or divert city funds
for long periods of time because reimbursement requests are submitted late;
NOW, THEREFORE, BE IT RESOLVED:
That the Commissioner of Human Resources and the Director of Substance Abuse
Services be requested to file a response to the Comptroller's audit to explain
why vacancies remain in the division, why reimbursement requests are filed
late, why this situation was allowed to continue after warnings from the
Council, and to advise what measures are being taken to resolve these issues;
and
BE IT FURTHER RESOLVED:
That the report from Human Resources be filed with this Common Council by 2:00
P.M. on Thursday, March 26, 1992, for review at the next stated meeting of
March 31, 1992.
ADOPTED.
No. 189
BY: MR. PITTS
Authorization to Apply for Environmental Quality Bond Act Historic
Preservation Grants
Whereas, approximately $1 million in 1986 Environmental Quality
Bond Act (EQBA) funds are available for historic preservation projects from the
New York State Office of Parks, Recreation and Historic Preservation (OPRHP);
and
Whereas, OPRHP is accepting applications for historic preservation
development grants up to $50,000 for eligible projects costing no more than
$150,000; and
Whereas, the restoration of the grand center window at the Shea's Buffalo
Theatre and the restoration of the free-standing exterior perimeter retaining
walls and planters at Kleinhans Music Hall meet minimum EQBA Historic
Preservation eligibility requirements; and
Whereas, the application deadline for said EQBA funds is March 31, 1992;
and
Whereas, the OPRHP requires the local governing body authorize the Mayor
to apply for said EQBA grants.
Now, therefore, be it resolved by the Common Council of the City of
Buffalo:
That the Mayor of the City of Buffalo be, and hereby is, authorized to
submit EQBA Historic Preservation Grant Applications for Shea's Buffalo Theatre
and Kleinhans Music Hall to the OPRHP; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
enter into and execute project agreements for such financial assistance, upon
such terms and conditions prescribed by OPRHP; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
execute whatever other documents or take measures which are necessary to
effectuate such financial assistance.
PASSED.
AYES-13 NOES -0.
No. 190
BY: MR. PITTS
Authorization to Apply for H.U.D. Special Purpose Grant War Memorial
Field House
Whereas, Public Law 102-226, the Appropriations Act of 1992, directs
the U.S. Department of Housing and Urban Development to provide funds for 137
Special Purpose Grants; and -
Whereas, the Appropriations Act designates $2,000,000 for the
construction of a multi-use facility in the City of Buffalo; and
Whereas, to be eligible for a Special Purpose Grant, the City must submit
the necessary application materials to H.U.D. by March 27, 1992.
Now, therefore, be it resolved by the Common Council of the City of
Buffalo:
That the Mayor of the City of Buffalo be, and hereby is, authorized to
submit a Special Purpose Grant Application to the U.S. Department of Housing
and Urban Development; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
enter into and execute project agreements for such financial assistance, upon
such terms and conditions prescribed by H.U.D.; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
execute whatever other documents or take measures which are necessary to
effectuate such financial assistance.
PASSED.
AYES-13 NOES-0.
No. 191
BY: MR. PITTS
SET PUBLIC HEARING:
Clinton-Emslie New Housing Project Phase II Community Wide Urban Renewal
Homestead Program Approval of Land Disposition Agreement Burke Brothers
Construction
WHEREAS, Burke Brothers Construction and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of twelve (12) residential units of
new housing known as the Clinton-Emslie New Housing Project Phase II in the
Community Wide Urban Renewal Demonstration Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Lawn requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
20th day of March 1992.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 31st day of March 1992.
ADOPTED.
No. 192
BY: MESSRS. PITTS AND FAHEY
SET PUBLIC HEARING:
Eureka Place New Housing Project Community Wide Urban Renewal Homestead Program
James Management Co. Inc. and TELCO Construction, Redeveloper
WHEREAS, James Management Co., Inc. and TELCO Construction Co.,
Inc., and/or other legal entity to be formed (herein referred to as the
Redeveloper") has been duly designated as qualified and eligible Redeveloper in
accordance with the rules and procedures prescribed by the City of Buffalo
Urban Renewal Agency (herein referred to as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of five (5) residential units of new
housing known as the Eureka Place New Housing Project in the Community Wide
Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Lawn requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
20th day of March 1992.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 31st day of March 1992.
ADOPTED.
No. 193
BY: MR. PITTS
SET PUBLIC HEARING:
Fillmore South New Housing Project Approval of amendment to Land Disposition
Agreement Paul Development Co., Inc.
WHEREAS, Paul Development Co., Inc. and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated an amendment to
the Land Disposition Agreement which will add 313 and 365 Abby Street to
Schedule A of said contract.
WHEREAS, 313 and 365 Abby Street shall be used for the construction of
two additional dwelling units included in said LDA; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
20th day of March 1992.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 31st day of March 1992.
ADOPTED.
No. 194
BY: MR. PITTS
ASSISTING CITY CENTRE PROJECT
WHEREAS: The City Centre Condominium Project will be a showplace
for Downtown housing, prospective tenants are anxiously awaiting its
construction start and completion.
WHEREAS: The Common Council requested the Department of Community
Development to provide a recommendation to assist the City Centre project
financing.
WHEREAS: The Department of Community Development has reported on a proposal
to provide financial assistance to the project,
NOW, THEREFORE BE IT RESOLVED THAT:
The Department of Community Development be and hereby is authorized to
negotiate with the City Centre Condominium Project developers, M&T Bank, the
Buffalo Enterprise Development Corporation and the Buffalo Urban Renewal Agency
a multi-party agreement whereby one or more of the UDAG's referenced in CCP
April 15, 1986 Item 2, but not to exceed the 40% share - of the annual loan
repayment revenues designated for Pratt-Willert New Housing, be pledged to
collateralize a loan participation by BURA or BEDC in the M&T Bank loan to The
City Centre Project; and be it further
RESOLVED, that such loan participation must also include a pledge by BURA
of certain parcels of land on either side of the Robert E. Fernbach Ramp which
BURA has or will acquire from the City as additional collateral for such loan
participation; and be it further
RESOLVED, that such loan participation may not exceed more than a $1.65
million share of the M&T Bank loan; and be it further
RESOLVED, that the terms of such multi-party agreement shall be submitted
to the Common Council, for its review and approval, after approval of same by
B.U.R.A.; and be it further
RESOLVED, that the Common Council's approval of this resolution is on the
specific condition that in the event that the UDAG loan repayments pledged as
collateral as provided for above are actually called on by M&T Bank pursuant to
such participation and are not actually available to Pratt-Willert New Housing,
an amount of Community Development Block Grant Funds (either entitlement funds
or Program Income) shall be allocated in replacement thereof; and be it lastly
RESOLVED, that in the event such participation in the M&T Bank loan is
terminated the provisions of CCP April IS, 1986 Item 2 shall revert to full
force and effect and the above stated condition shall terminate.
ADOPTED.
No. 195
BY MR. ZUCHLEWSKI
ORDINANCE AMENDMENT
CHAPTER 341 - PROPERTY MAINTENANCE
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 341 of the Code of the City of Buffalo be amended by adding a new
Section 341-6.1 to read as follows:
341-6.1. Display of Slaughtered Game.
No person shall place, hang, suspend, affix or otherwise display the carcass of
slaughtered game upon any lot or premises except within an enclosed structure
or otherwise shielded from view.
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
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11
NOES- ARTHUR, PITTS-2.
No. 196
BY MR. ZUCHLEWSKI
STATUS REPORT ON IMPLEMENTATION
OF BULK TRASH PLAN
WHEREAS: At its regular meeting of November 12, 1991, this Common
Council adopted an ordinance amendment to Chapter 216, Section 216-15, Article
VII of the Code of the City of Buffalo regarding the collection of bulk trash;
and
WHEREAS: This ordinance in part mandates that "The Commissioner of Street
Sanitation shall designate a schedule of trash and rubbish collections during
the course of the year, commencing on April 1st and ending on November 30th, on
a biweekly basis and shall prepare and promulgate rules and regulations for
said additional collections,"; and
WHEREAS: The Commissioner of Street Sanitation should inform this Common
Council of his intentions in fulfilling the terms of the ordinance, since April
1st is fast approaching and collections should commence at that designated
date;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests the Commissioner of Street Sanitation to file
a report on his readiness to commence bulk trash collections on April 1st, the
schedule of collections, and the methods used to advertise the collections; and
BE IT FURTHER RESOLVED:
That he file his report for the March 31, 1992 regular Council meeting.
ADOPTED.
No. 197
BY: MR. ZUCHLEWSKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Kensington High School
By Councilmember Amos
Felicitation for Franklin C. Ward
By Councilmember Amos
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars ad Fifty Cents ($7.50) each.
ADOPTED.
No. 198
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:
Annette Gross
Rebecca C. Mancino
Lynn M. MarineIIi
Dorothy M. Menth
Jeanne L. Ryan
TOTAL: 5
ADOPTED.
No. 199
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:
Louis J Gallo
Cheryl Garlow
Helen C. Kregg
Tamara J. Lamb,
Jeffrey T. Ricketts
Sheila J. Ruhland
Sue A. Sacco
James W. Perry
TOTAL: 8.
ADOPTED.
UNFINISHED BUSINESS
No. 200
BOND. RES. $750,000 WATER LINES AUSTIN STREET
(ITEM NO. 169, C.C.P., MARCH 3, 1992)
Mr. Fahey moved that Item No. 169, C.C.P., March 3, 1992, be taken
from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Collins
PASSED.
AYES-13 NOES-0.
No. 201
SALARY & WAGE SCHEDULE LOCAL 264
(ITEM NO. 188, C.C.P., MARCH 3, 1992)
Mr. Fahey moved that Item No. 188, C.C.P., March 3, 1992, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Pitts moved that the above item be approved. Seconded by Mr. Coppola.
PASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI-10.
NOES- BAKOS, FAHEY, LOTEMPIO-3.
No. 202
SALARY & WAGE SCHEDULE - LOCAL 650
(ITEM NO. 189, C.C.P., MARCH 3, 1992)
Mr. Fahey moved that Item No. 189, C.C.P., March 3, 1992, be taken
from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Pitts moved that the above item be approved. Seconded by Mr. Coppola.
PASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI-10.
NOES- BAKOS, FAHEY, LOTEMPIO-3.
No. 203
SALARY ORDINANCE AMEND. - LOCALS 264/650
(ITEM NO. 190, C.C.P., MARCH 3, 1992)
Mr. Fahey moved that Item No. 190, C.C.P., March 3, 1992, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Pitts moved that the above item be approved. Seconded by Mr. Coppola.
PASSED.
AYES- AMOS,. ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI-10.
NOES- BAKOS, FAHEY, LOTEMPIO-3.
No. 204
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, MAR 24, 1992 9:30 AM
FINANCE Tuesday, MAR 24, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, MAR 24, 1992 2:00 PM
ECON. DEV. Wednesday, MAR 25, 1992, 10:00 AM
ANCILLARY COMMITTEES
CATV COMM. Thursday, MAR 19, 1992 9:00 AM Rm. 1417
No. 205
Adjournment
On motion by Mr. Fahey Seconded by Mr. Zuchlewski the Council
adjourned at 3:35 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.