HomeMy WebLinkAbout92-0609
No. 12
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, June 9, 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. James W. Pitts, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski.
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.
TASK FORCES
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Alfred T.
Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony
Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George
Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald
Quinlan, Rev. Bennett Smith.
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.
EDUCATION FUNDING FORMULA REVIEW TASK FORCE-
Hon. Brian M. Higgins, Chairman;
Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson,
Dr. Oscar Smuckler.
POLICE REORGANIZATION TASK FORCE-
Hon. Eugene M. Fahey, Chairman; Hon. George
K. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio, Michael Trimboli, Ralph
Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard
Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers,
William Dunford, Levirn Hill, John V. Elmore.
STREETS DEPARTMENT OVERSIGHT TASK FORCE-
Hon. Alfred T. Coppola, Chairman; Hon.
Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, , 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Pitts, and
Zuchlewski - 12.
ABSENT - Perla- 1.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held on May 26, 1992, and the Special Session held on May 28, 1992,
were approved
FROM THE MAYOR
No. 1
Reappointment of members of
the Buffalo Sewer Authority
Pursuant to the powers vested in me by Section 1177 of the Public
Authorities Law, I hereby reappoint, subject to confirmation by Your Honorable
Body, the below listed persons as members of the Buffalo Sewer Authority for
terms expiring on June 30, 1995:
Theodore V. Mikoll 2777 Harlem Road
Buffalo, NY 14225
Herbert H. Bellamy, Jr. 43 Academy Road
Buffalo, NY 14211
I hereby certify that both Theodore V. Mikoll and Herbert L. Bellamy, Jr.
are fully qualified for reappointment to the Buffalo Sewer Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 2
Appointment of member of
the Buffalo Water Board
Under the authority granted me by Section 1048-F of the title
Two-B Article Five of the Public Authorities law, I hereby appoint, subject to
confirmation by Your Honorable Body, the following members of the Buffalo Water
Board.
To the position of member for a two year term ending December 31, 1994, I
appoint Thomas F. Keenan, residing at 34 Lancaster Avenue, Buffalo - 14222.
To the position of member for a one year term ending December 31, 1993, I
appoint Kenneth R. Kirby, residing at 181 St. Lawrence Avenue, Buffalo - 14216.
I hereby designate Water Board Member Rosanne Frandina residing at 88
Fordham Drive, Buffalo - 14216 as Chairman of the Buffalo Water Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Appointment of Member of
Emergency Medical Services Board
Pursuant to the powers vested in me by Section 6 of Chapter 72
of Part Il, of the Code of the City of Buffalo, l hereby appoint Gregory E.
Young, M.D., residing at 8590 Phillips Road, Holland, NY 14080, as a member of
the Emergency Medical Services Board, effective June 1, 1992 for a term
expiring on February 28, 1993.
Dr. Young will fill the unexpired term of Sister Sheila Marie who has
resigned as of June 1, 1992.
Dr. Gregory E. Young holds a Bachelor's degree in Biology from SUNYAB in
June, 1973 and an M.D. degree from SUNYAB School of Medicine in May 1977. He
is currently Chairman of Emergency Medicine, Millard Fillmore Hospitals of
Buffalo, a position Dr. Young has held since May 1987.
Doctor Young is the recipient of many honors and awards:
- James A. Gibson Anatomical Society - elected 1974
- Associate Fellow-American College of Chest Physicians elected August 1981
- New York State Western Region American Heart Association - Volunteer of
the Year - 1991
- Fellow-American College of Emergency Physicians - elected October 1991
Dr. Young is a member of many professional medical organizations and is
very active in various community service endeavors.
I hereby certify that Gregory E. Young, M.D. is fully qualified to serve
as a member of the Emergency Medical Services Board.
RECEIVED AND FILED.
No. 4
"Appointees to Buffalo Financial Plan Commission"
My 1992-93 recommended City budget provided a solid plan for
closing the huge $70.9 million City budget gap. In putting this plan together,
my administration was ably assisted by the Greater Buffalo Development
Foundation/Greater Buffalo Chamber of Commerce City Budget Task Force (Task
Force), co-chaired by Charles Mitschow and Robert Wilmers. I appreciate the
help I received from the Task Force members and staff.
In its Report # 2: Closing the City's Budget Gap, the Task Force
strongly recommended the creation of a Buffalo Financial Plan Commission
(Commission) to "develop a three to five year financial and management plan for
the City by October 1, 1992."
I note that Your Honorable Body has passed a resolution that also
endorses the creation of the Commission. The resolution requests that the
Commission include the members of the Task Force and representatives from City
government.
All the members of the Task Force have indicated a willingness to serve
on the proposed Commission.
In consideration of the above, I hereby appoint the members of a Buffalo
Financial Plan Commission. The appointees are the members of the GBDF/Chamber
City Budget Task Force and four representatives from City government.
Members of the GBDF/Chamber Task Force include:
1) Sal H. Alfiero, Chairman
Mark IV Industries, Inc.
2) J. Keith Alford, President
Adam, Meldrum & Anderson Company, Inc.
3) David N. Campbell, Chairman & CEO
Computer Task Group, Inc.
4) Claude D. Clapp
5) Harold H. Connor, President
Business Computer & Software Company of WNY
6) Richard E. Garman, President
Buffalo Crushed Stone, Inc.
7) Edward T. Hunt, Jr.
Vice President & General Manager (Retired)
New York Telephone Company
8) Northrup R. Knox, Chairman
Marine Midland Bank
9) Frank J. McGuire, Chairman
The McGuire Group
10) Charles M. Mitschow (Co-Chair)
Senior Executive Vice President
Marine Midland Bank
11) Carl P. Paladino, President
Ten Ellicott Square Court Corporation
12) Donald P. Quinlan
President, Chairman & CEO
Graphic Controls Corporation
13) F.C. Richardson, President
State University College at Buffalo
14) Charles V. Ruff
15) Louis J. Thomas, Director
United Steelworkers of America - New York State
16) Sister Sheila Marie Walsh, R.S.M.
Chief Executive Officer
Buffalo Mercy Hospital
17) Robert G. Wilmers (Co-Chair)
Chairman & CEO
Manufacturers & Traders Trust Company
The City representatives will be Richard Planavsky, Commissioner of
Administration and Finance, Thomas Keenan, Budget Director, James Pajak, City
Accountant, and Archie Amos, University District Councilmember. The Commission
will be co-chaired by Mr. Wilmers and Mr. Mitschow.
I ask that the Commission begin its work immediately in order to develop
a long range fiscal plan for the City of Buffalo by October 1, 1992.
I appoint the above Commission members for a term to end on the date of
the Commission's final report. I ask that the Commission's final report also
include a recommendation on the possible need for a permanent Buffalo Financial
Plan Commission.
RECEIVED AND FILED.
No. 5
"Change in Water Fund Revenue Estimates"
This is to notify Your Honorable Body that, based on your approval
of an 11.76% water rate increase instead of the 14.5% originally submitted, I
am hereby revising my 1992-93 water sales revenue estimates as follows:
Original
1992-93 Revised
Account . Estimate Estimate Difference
31588 Flat Rate 12,075,000 11,767,943 (307,057)
31598 Meter rates 9,350,000 9,122,275 (227.725)
TOTAL 21,425,000 20,890,218 (534,782)
These revised figures balance the 1992-93 Water Enterprise Fund revenues
with the appropriation reductions made by Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 6
Development of New Hockey Arena
Item #166 C.C.P. 5/26/92
Your recent resolution on the development of the proposed new
downtown Arena (Item # 166 C.C.P. May 26, 1992) inquires into my present
position on City participation in financing the $106.5 million downtown Arena
and what we originally expected we could do under various deadlines in the
current Sabres lease.
Each of these items is directly related to the City's changing fiscal
position over the last three years. Initial discussions with the Buffalo
Sabres resulted in the City investing $5.1 million in the Auditorium and
switching to a flat annual rental payment to the City.
Since the time we agreed to coordinate with the Sabres on the planning of
a new Arena, the City's capacity to take on major new obligations has been
severely curtailed by:
o A $25.0 million annual reduction in general State aid to
the City,
o The refusal of the County to share any of the added
revenues from the extra 1% sales tax, which by past
formula would provide $15.0 million additional each year
to the City,
o The refusal of the County to honor the current bed tax
agreement provisions relating to O&M deficits at the
Convention Center, which resulted in litigation, the
elimination in the near future of the surplus revenues for
new projects, and the diversion of excess bed tax
revenue to support non-profits by the County
Legislature.
o A reduction in our bond ratings.
As I have pointed out before, economic impact studies have shown that the
Sabres operation generates approximately $5.0 million per year in sales tax and
personal income tax revenue, of which the City's share is but 9%.
Given the magnitude of the reduction to the City in nonproperty tax
revenue to support City general operations, our capacity to assist this project
at this time is vastly reduced. It is still my hope that should major
financing appear from other quarters, we can induce the location at a downtown
site.
REFERRED TO THE STADIUM AND AUDITORIUM TASK FORCE.
No. 7
"Costs Connected to Operation Rescue
Resolution # 160, C.C.P. April 28, 1992)
Following is an accurate and recent accounting of costs connected
to "Operation Rescue". Information was compiled by the Department of Police:
# & Title Hours & Rate Total
1 Chief of Dets. 81,25 hrs. @ $32.10 2,608.13
2 Captains 132.25 hrs. @ $29.17 3,857.73
11 Lieutenants 290.00 hrs. @ $25.46 7,383.40
2 Det. Sgts. 103.50 hrs. @ $23.84 2,467.44
18 Detectives 736.00 hrs. @ $22.79 16,773.44
3 Photographers 179.75 hrs. @ $23.57 4,236.71
135 Police Officers 1901.25 hrs. @ $21.99 41,808.49
10 Report Technicians 271.00 hrs. @ $15.46 4,189.66
1 Typist 6.00 hrs. @ $14.69 88.14
Precinct Overtime due to manpower drain 21,462.24
Total overtime monies paid $104,875.38
Rental of Two Konica Copiers 352.92
Canvas Duck Bags (soft litters) 342.24
Tuff Cuffs (200) 172.00
Yellow Tape Barrier (15 rolls) 121.50
Armory Rental 1,204.00
NFTA Bus Rental 6,125.78
Grand Total of Expenses $113,193.82
RECEIVED AND FILED.
No. 8
"1992-93 Budget Amendments"
I have received and reviewed the amendments Your Honorable Body
has made to my 1992-93 recommended budget.
The City faced a monumental task in closing a $70.9 million projected gap
to balance the 1992-93 budget. The loss of $25 million in State aid over the
last two years, combined with increased pension costs and unbudgeted pay raises
forced us to make some very difficult decisions including tax increases,
layoffs, wage freezes and the elimination of vacant jobs. Our burden could
have been lessened if the County Executive and Legislature had agreed to
negotiate sharing the proceeds of the extra 1% county sales tax, but they
didn't. I encourage Your Honorable Body to join me in pursuing our fair share
of this funding source in the future.
Because my review of your amendments shows that you generally adopted the
gap closing plan outlined in my budget message, I have decided not to veto any
of the additions you have made to my recommended budget. This unprecedented
action on my part is in recognition of the general restraint shown by Your
Honorable Body from making unaffordable additions to the budget and on my
belief that you sincerely made a good faith effort to adopt a balanced budget.
I believe the budget that has been adopted goes a long way in the right
direction of making the structural changes required to put the City back on
sound fiscal footing. It simultaneously increases the revenue base and
decreases expenditures for years to come.
There are a number of areas of the budget that do concern me. They are
predominantly the reductions you have made over which I have no veto power and
the illusions you have created about what you have restored. The following is
my assessment of the changes you made to my recommended budget.
In total you have funded approximately $6.1 million of your priorities
and added $3.6 million in a "liquidation of prior years deficit" account. You
funded these $9.7 million of changes by making $5.1 million in cuts from my
recommended appropriations and you used another $4.6 million that you assume
will eventually be available from the sale of the water system to the newly
created Buffalo Water Authority. Because you are not allowed to change my
revenue estimate you reduced the Health Insurance account by this $4.6 million
amount. This account must be replenished. Two options to do this are
reallocating the funds appropriated to the liquidation of prior years deficit
account or by approving an increased appropriation based on the additional
proceeds of the water sale. I will recommend an appropriate course of action
when the water system sale is completed and audited figures are available that
determine the City's fiscal results for 1991-92.
ADDITIONS
POLICE AND FIRE DEPARTMENTS
1) The addition of $2.75 million for police jobs and related fringe benefits
and $1.5 million in overtime for the Fire Department comprise 70% of your $6.1
million in additions. I share your concern and desire to provide our citizens
with the essential public safety services of the police and fire departments.
I am convinced, however, that both can be done more efficiently.
I am attaching for your review the results of a telephone survey
conducted by the Division of Planning which shows that Buffalo is well staffed
in both the police and fire departments in comparison with other cities of
comparable population. You will see that Buffalo ranks very high on police and
fire personnel per capita and even higher in personnel per square mile to be
protected. I realize consideration must be given to various characteristics
such as crime rates and the age of the housing stock but the numbers so
overwhelmingly show Buffalo overstaffed in comparison to these other
municipalities that one has to conclude there is room for improved efficiency
in Buffalo. I believe rescinding the minimum manning requirements per police
precinct and allowing the Fire Commissioner to determine how many companies are
needed are essential ingredients to improving the efficiency of these
departments.
My budget review shows that you have added 66 Police Officer titles in
one area of the budget but deleted 14 Detectives, 1 Police Lieutenant and 2
Police Officers in another area resulting in a net add of 49 positions. My
recommended budget reduced the total staffing in the Police Department by 117
jobs (from 1,167 to 1,050) while your version reduces police staffing by 68
positions to 1,099 jobs. You have tabled the legislation to rescind the minimum
manning requirement. In light of the 68 positions that have been deleted, I
believe rescinding this minimum staffing requirement is essential.
The addition of 14 Police Officers at the expense of 14 Detectives deals
a setback to the highly successful Street Crime Unit staffed by these
detectives. Commissioner Degenhart has informed me that this unit has made over
6,000 arrests in its two year existence. Requiring these detectives to return
to uniform patrol will drastically curtail this unit's effectiveness and hurt
the morale of these very productive employees. I am informed that the
difference in pay for the 14 employees amounts to approximately $15,000 per
year. I will recommend trading the 14 Police Officer titles for 14 Detectives
in the salary ordinances to be submitted for 1992-93.
In the Fire Department you added $1.5 million to the overtime
appropriation but did not restore any of the 84 firefighting positions I cut in
anticipation of closing 3 engine companies and 1 ladder company. You also did
not approve the legislation to close the companies. The Fire Commissioner has
prepared a report that he is filing with Your Honorable Body under separate
cover that projects he would need an additional $2.3 million in his budget to
keep these companies through June 30, 1993. I have asked the Budget Division
and Fire Department to work with the Council to develop a plan to close this
potential budget gap. Your cooperation in this matter is essential.
OTHER JOBS
You have restored 16 civilian filled jobs that would have resulted in layoffs
at a cost of nearly $500,000. To do so you cut 8 vacant jobs for which
department heads had expressed a preference and approximately 25% of the
seasonal work force that will result in the loss of nearly 40 productive
seasonal employees. I regret I have no veto power over the deletion of these
seasonals.
GRANTS-IN-AID
You have funded the cultural and human service agencies in 1992-93 at 25% of
the amount they received in 1991-92. I see the 75% reduction as a major step
on your part in acknowledging the City's limited ability to provide funding to
these organizations.
As I have stated many times before, the County could increase its funding
to all these organizations to replace 100% of what the City has provided in
previous years, and still fall within the amount the County agreed to provide
culturals in the 1977 amendment to the Erie County Sales Tax Distribution
Agreement. That agreement provided for the County to appropriate 11.4% of the
annual yield from sales tax revenues to support the Buffalo and Erie County
Public Library system as well as cultural and public benefit services. The
County's 1992 budget provides $6.1 million less than the 11.4% targeted amount
for these purposes.
I note that the City's $136,000 appropriation to the Buffalo Zoo is the
amount required to be provided by the current lease between the City and the
Zoo. This is the amount that the Zoo Director, Mr. Minot Ortolani, requested
and received in the lease in 1988 when he was seeking a 10 year lease
extension. The Zoo did not suffer the 75% reduction received by other
grant-in-aid agencies.
VARIOUS CONSULTANT STUDIES
You have included over $400,000 in the Common Council Budget for various
studies. Although I do not agree with all the components of this account I am
advised that I cannot veto part of a line item addition. If it is Your
Honorable Body's position that a study is needed to reorganize the Fire
Department or to set fees for services the City provides I am agreeable to
keeping the funding for these studies intact.
CONSOLIDATED COLLECTION EFFORT
I am not vetoing this addition to the Comptroller's office because I
agree we need to maximize our collection efforts. I recommended this function
be administered by the Law Department with full time City employees. You have
chosen to fund a more expensive part-time consultant. Again, there is nothing
I can do about the deletion in the Law Department so I am reluctantly approving
this appropriation. I think it is important to monitor the results of this
expenditure.
INDOOR POOL 12 MONTH OPERATION
You have provided $173,000 in a city general charges account to keep both
Lovejoy and Cazenovia indoor pools open on a 12 month basis. However, you cut
$213,000 from the Recreation Division's seasonal employee account. In total
then, you have provided $40,000 less than I recommended was needed to operate
these pools with each one being closed on an alternative monthly schedule. Yet
you somehow expect there is sufficient funding to keep that both open year
round. I will ask Acting Parks Commissioner Stan Buczkowski to meet with Your
Honorable Body on how you expect to accomplish this goal.
DELETIONS AND REDUCTIONS
Following are my comments on the reductions you made to my recommended
budget to fund your priorities referenced above.
PERSONAL SERVICES
In total you cut $1.64 million including $.54 million in Police jobs, $.3
million in other annual positions and $.8 million in seasonal jobs. I believe
these cuts may result in a loss of productivity and services but I will direct
my department heads not to exceed their overtime appropriation
attempting to make up the work of the lost employees.
UTILITIES
I don't believe these cuts were based on any reduction in use of
utilities or a more sophisticated cost projection than was used by my staff. My
concern is that a source will need to be found to replenish these accounts
during the year.
TRAVEL
You cut approximately 10% of the $446,000 I had recommended in travel.
Approximately 1/2 of this is from auto allowance. You have left many
department heads without an appropriation to carry out essential out of town
city business.
MATERIALS AND SUPPLIES
You have cut $423,000 from the $5,002,764 I had recommended in this area.
Although my budget only included sufficient funding for a bare bones operation,
many departments will have to further reduce their purchases. I do fear about
1/2 of your cuts may need to be restored to continue basic services. My major
concerns in this area are the reductions of $50,000 in the gasoline account,
$71,000 in automotive parts and $40,000 in janitorial supplies.
PURCHASE OF SERVICES
Your cuts in this area are $602,270 of which I feel about $300,000 are
based on unreasonable expectations. These include the $70,000 elimination of
repairs for Police vehicles, $70,000 for the development of a Firefighters
exam, $100,000 for Legal Services and $60,000 for medical services in the
Police Department. Based on past expenditures and the need to fund these items
in 1992-93, I do not understand the rationale behind these cuts.
CAPITAL OUTLAY
Of the $903,000 cut from my $1,958,000 recommendation there was $525,000
included for Police vehicles which you have proposed financing through a bond
sale. The balance was mainly for replacement vehicles in other departments.
Although these cuts do not put the budget out of balance, you must realize 1)
that in the long run they will increase the cost of purchasing police vehicles
and 2) it is better to replace the other vehicles on a continuous basis than to
allow the need to accumulate so that a major replacement purchase will be
required in the future.
GENERAL CHARGES
You have cut $355,000 from the appropriation for the Buffalo Municipal
Housing Authority deficit and $150,000 from the Judgement and Claims account
which I fear may leave both of those accounts underfunded.
FRINGE BENEFITS
There are two major cuts you made in the fringe benefit area: $340,000
from the severance vacation and severance health insurance accounts and
$375,000 from the active employees health insurance account. The cuts from the
severance benefits correspond to the filled jobs you restored so I concur with
that cut. I don't know what you based the health insurance cut on so I will
ask my budget staff to closely monitor that account throughout the year.
SUMMARY
We have gone though a very difficult budget process. There are bound to
be some difference of opinions in any undertaking of this magnitude as there
were in this process. However, I believe the budget that is now in effect for
1992-93 reflects Your Honorable Body concurrence with most of the policy
decisions included in my recommended budget.
It is important that we closely monitor this budget as the year
progresses so that we can quickly identify and resolve any potential problems.
Maintaining fiscal integrity is an ongoing dynamic process that does not end
with the final vote to adopt the budget. Some degree of change is inevitable
throughout the year.
We have accomplished much with this budget. We closed a $70.9 million
budget gap in one year. Although there is much more to do to assure continued
fiscal solvency for our City, we have demonstrated we are capable of solving
difficult fiscal problems.
I believe the Buffalo Financial Plan Commission I recently appointed will
provide assistance in maintaining a balanced budget and putting the City of
Buffalo back on sound fiscal footing. This, of course, will best be achieved
by the work and cooperation of all levels of city government, the private
sector and the city unions.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 9
D. Mulhern - Request to place a sidewalk cafe in the right-of-way of 1389
Delaware Ave.
Item No. 42, C.C.P., May 26, 1992
The City Planning Board at its regular meeting held Tuesday, June
2, 1992, considered the above application pursuant to Section 413-59 of the
Buffalo Code, Review of Sidewalk Cafes.
The applicant seeks to place a sidewalk cafe measuring 9 feet by 19 feet,
or 171 square feet entirely in the right-of-way.
Delaware Avenue has a 98-foot right-of-way with a 67-foot pavement.
Therefore, 16 1/2 feet of sidewalk exists at the site under review A 9- foot
cafe encroachment would leave 6 1/2 feet of unobstructed sidewalk between the
outer most edge of the cafe and the curb. No public appurtenances are in the
vicinity of the cafe.
The Department of Public Works has recommended that Your Honorable Body
issue a "mere license" for the cafe. Lastly, under S.E.Q.R., the proposed cafe
is considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed cafe with the following
conditions:
1. that no music is played in the cafe area,
2. that no trash receptacles be placed in the cafe area, and
3. that the cafe be opened no later than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 10
S. Gay - Request to install an awning in the right-of-way of 1209 Hertel Ave.
Item No. 44, C.C.P., May 26, 1992
The City Planning Board at its regular meeting held Tuesday, June
2, 1992, considered the above request pursuant to Section 413-56 of the Buffalo
Code, Common Council Review of Awning Encroachments.
The applicant seeks to erect an awning measuring 17 feet long, 5 feet 1
inch high, and 3 feet 6 inches deep. The awning, which contains graphic
markings, will project 3 feet 6 inches into the right of way.
The site is located in a C2 zone which does not prohibit awning/signs,
projecting or freestanding signs.
The Department of Public Works has recommended that Your Honorable Body
grant a "mere license" for the proposed awning. Lastly, under S.E.Q.R., the
proposed sign is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed awning.
RECEIVED AND FILED.
No. 11
Flexo Transparent Inc. - Request to Encroach Right-of-Way at 28 Wasson with a
Loading Dock.
Item No. 46, C.C.P., May 26, 1992
The City Planning Board at its regular meeting held Tuesday, June
2, 1992, considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-way Encroachments.
The applicant seeks to place an angled loading dock in the right-of-way
of Wasson Street. The proposed dock would encroach approximately 10 feet into
the right-of-way. Wasson Street has a 50 foot right-of-way with 24 feet of
pavement. The loading dock, therefore, would not encroach on the pavement of
Wasson Street.
While the loading dock, as well as Flexo Transparent inc., is located in
an M2 zone, trucks using the dock would have to use a portion of Wasson Street
(a dead end) which passes through a residential zone (R2). Questions arose
over whether the proposed dock would increase truck traffic on Wasson Street.
The applicant indicated that no additional truck traffic is anticipated. He
further stated that the angled loading dock would allow trucks to park in such
a way as to not block Wasson Street as they do now. Once unloaded, the truck
would then turn around on private property and proceed down Wasson Street to
Seneca Street. At no time would a truck use Wasson Street by backing in or
out. Lastly, the applicant indicated that the majority of their trucks arrived
or departed during normal daytime hours.
The Department of Public Works has recommended that Your Honorable Body
grant a "mere license" for the encroachment. Under S.E.Q.R., the proposed
encroachment is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 12
W. Ruiz - Request to Place a Sign in the Right-of-Way of 544 Niagara St.
Item No. 45, C.C.P., May 26, 1992
The City Planning Board at its regular meeting held Tuesday, June
2, 1992 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Common Council Review of Right-of-Way Encroachments.
The applicant seeks to place a yardarm type sign measuring 4 feet 6
inches in height and 4 feet wide, or 18 square feet. The sign will encroach 4
feet into the right-of-way.
The site is located in a C2 zone which does not prohibit such signs. The
Department of Public Works has recommended that Your Honorable Body grant the
applicant a "mere license" for the sign.
The Planning Board voted to approve the proposed sign encroachment.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 13
Community Wide Urban Renewal Homestead Program Plan Amendment-Group # 3
The City Planning Board at its regular meeting held Tuesday, June
2, 1992, considered a plan amendment and conducted a public hearing for the
project captioned above, pursuant to Section 505 of the General Municipal Law.
The amendment involves the Community Wide Urban Renewal Homestead Program
which was approved by Your Honorable Body on September 18, 1984 (No. 279).
Section E of the plan permits additional supplements for housing.
Specifically, this amendment identifies city-owned property throughout
the city (see attached). The inclusion of these properties into the Community
Wide Urban Renewal Homestead Program will expedite the ongoing infill housing
program currently being undertaken by the Department of inspections and
Community Revitalization.
Pursuant to state law, the City Planning Board conducted a public hearing
for the proposed amendment. Opponents and proponents were invited to speak.
The Board heard testimony from personnel from the Department of inspections and
Community Revitalization.
After due deliberation, the Board voted its unqualified approval for the
amendment and noted that under S.E.Q.R. it is considered an unlisted action
which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 14
Oak Street Redevelopment Urban Renewal Plan Amendment (Parcel 8 A2)
The City Planning Board at its regular meeting held Tuesday, June
2, 1992 considered an amendment and conducted a public hearing for the Oak
Street Redevelopment Project, pursuant to Section 505 of the General Municipal
Law.
The amendment involves changing the land use designation of Parcel 8A2
(25,042 square feet) in the Oak Street Project from "residential" to "hospital
medical service." This would allow for the development of a three-story, 40,000
square foot, office building on the parcel. The new building will be the
headquarters of Home Care Services inc., a division of Visiting Nurses
Association of W.N.Y. which is owned by the Millard Fillmore Hospital System.
The proposed development will also house day care facilities for both children
and adults as well as a pharmacy.
The City Planning Board conducted a public hearing for the proposed
amendment. Opponents and proponents were invited to speak. Mr. Dennis Penman,
representing the developer, made a presentation to the Board. No opposition to
the proposed development was heard. The Board felt that the proposed
development was appropriate due to the burgeoning Health Care/Pharmaceutical's
presence in the area as well as the services which it would afford for area
residents.
After deliberation, the Board voted its unqualified approval for the
amendment and notes that under S.E.Q.R., it is considered an unlisted action
which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMPTROLLER
No. 15
Certification of Determination $20,000,000 RAN'S
CERTIFICATE OF DETERMINATION OF THE COMPTROLLER AS TO THE AUTHORIZATION,
SALE, ISSUANCE, FORM AND CONTENTS, OF $20,000,000 REVENUE ANTICIPATION
NOTES-1991/1992-B OF THE CITY OF BUFFALO, NEW YORK AND PROVIDING FOR THE
PRIVATE SALE THEREOF.
The Notes are hereby sold at private sale to Manufacturers and Traders
Trust Company, Buffalo, New York as Underwriter pursuant to the Contract of
Purchase dated June 4, 1992, between said Underwriter and the City. The Notes
will be dated June 4, 1992 and will bear interest at the rate of (3.875%) per
annum, payable on June 30, 1992.
The Notes will be delivered and shall be paid for on or about June 4,
1992 in Buffalo, New York.
A Supplemental Official Statement may be obtained from the offices of the
financial advisor to the City, Government Finance Associates, Inc. of New York,
in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225
City Hall, Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED.
No. 16
Certificate of Necessity Transfer of Funds
Appropriation Allotments
General Fund - Miscellaneous Charges
Various Departments
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,027,469 be transferred and reappropriated from various
accounts in Appropriation Allotments General Fund - Miscellaneous Charges &
Various Departments as set forth below.
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, June 4,1992
RECEIVED AND FILED.
No. 17
Certificate of Necessity Transfer of Funds
Appropriation Allotments
Capital Projects Fund
Division of Engineering- Division of Development
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,377,232.20 be transferred and reappropriated from various
accounts in Appropriation Allotments -Divisions of Engineering and 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, June 3, 1992
RECEIVED AND FILED.
No. 18
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 $7,000 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, June 3, 1992
RECEIVED AND FILED.
No. 19
Certificate of Necessity Transfer of Funds
Appropriation Allotments -Exempt Items - Water
Capital Projects Fund - Enterprise Fund
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 $40,000 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, June 3, 1992
RECEIVED AND FILED.
No. 20
Lease Agreement Between the City of Buffalo
and Frederick Jenkins
1554, 1556 & 1558 Genesee
Item # 25, C.C.P. 5/26/92
The Common Council approved the lease agreement between the City
of Buffalo and Mr. Frederick Jenkins with authorization for the Corporation
Counsel to prepare the necessary agreement for the Mayor' s signature.
The insurance amount for property damage and fire insurance was
incorrectly stated at $500,000.
Therefore, I am requesting that Your Honorable Body approve and amend the
insurance clause to read as follows: $100,000 for property damage and fire
insurance.
Mr. Fahey moved:
That the communication from the Comptroller, dated June 2, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to request that the
Corporation Counsel prepare the necessary agreement for the lease agreement
between the City of Buffalo and Mr. Frederick Jenkins and to amend the
insurance clause to $100,000 for property damage and fire insurance.
PASSED.
AYES- 12 NOES- 0.
No. 21
Results of Negotiations 361 Landon Street
S 319.33' W Fillmore
Vacant Lot: 28' x 100'
Assessed Valuation: $700
Item # 10, CCP 3/31/92
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with David and Carolyn Wimbley for the above captioned property. Mr. & Mrs.
Wimbley intend to purchase this property, which is adjacent to their home in
order to build a two car garage for their personal use.
An independent appraisal of the property was conducted by James H. White,
Appraiser, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimated the
fair market value of the subject property to be Nine Hundred Dollars ($900).
The Division of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. & Mrs. Wimbley have agreed
and are prepared to pay Nine Hundred Dollars ($900) for the subject property.
They have also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and copy of the legal description.
Therefore, I am recommending that Your Honorable Body approve the offer
of David and Carolyn Wimbley, 363 Landon Street, Buffalo, New York in the
amount of Nine Hundred Dollars ($900). I am further recommending 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 June 4, 1992, be
received and filed; and
That the offer of David and Carolyn Wimbley, residing at 363 Landon
Street, Buffalo, New York, in the sum of Nine Hundred Dollars ($900) to
purchase 361 Landon Street, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, transfer tax, recording
fees, 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- 12 NOES- 0.
No. 22
Results of Negotiation
178 Mulberry, W 61.25' S of Carlton
Lot Size: 30' x 100'
Asses. Val.: L $1,100
Total $3,500
Item # 27, C.C.P. 3/5/91
In the above referenced item, Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate to negotiate a private sale
with Ms. Pamela Jeter-Ferguson for the above captioned property. The above
property is a single family home that Ms. Jeter-Ferguson intends to purchase
and renovate.
An independent appraisal of the property was conducted by Jerome E.
Goldstein, Appraiser, 1060 Ellicott Square Building, Buffalo, New York 14203.
He has estimated the fair market value of the property to be $3,000. The
Division of Real Estate has investigated the sales of similar properties in the
area. The sales prices range from $1,900 to 3,500 for single family homes.
The results of our negotiations are that Ms. Pamela Jeter-Ferguson has
agreed and prepared to pay $2,250 for the subject property. This amount is
based upon the fact that the property requires a considerable amount of
rehabilitation. Ms. Jeter-Ferguson has provided this office with sufficient
proof of financial ability to complete the purchase and the cost for
rehabilitation.
She has also agreed to pay for the cost of appraisal, transfer tax,
recording fees and the cost of the legal description.
I am recommending that Your Honorable Body accept the offer of $2,250
from Ms. Jeter-Ferguson. This property has been in our inventory since 1983
without any serious offers having been made. Ms. Jeter-Ferguson has also
demonstrated that she has the ability to complete the purchase and
rehabilitation of this structure.
I am further recommending that Your Honorable Body authorized the Mayor
to sign the necessary documents for the transfer of title.
Mr. Fahey moved:
That the above communication from the Comptroller, dated June 3, 1992, be
received and filed; and
That the offer of Ms. Pamela Jeter-Ferguson, residing in Buffalo, New
York, in the sum of Two Thousand Two Hundred Fifty Dollars ($2,250.00) to
purchase: 178 Mulberry Street, Buffalo, New York, be and hereby is accepted;
and
That the appraisal report, requested by the City, transfer tax, recording
fees, 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- 12 Noes- 0.
No. 23
Bond Resolution Not Requested-1991-92 Capital Improvement Budget
The following projects were part of the 1991-92 Capital Improvements
Budget. The department heads have not requested that we prepare the bond
resolutions to authorize these projects. These authorizations will expire on
June 30, 1992. The resolutions for the Water department, although requested,
will not be submitted due to the creation of the Water Authority.
Dept. Projects Amount
Engineering Installation of Traffic Signals on Main 150,000
St. Replacement of Sidewalks-
Baker Pl.& So. Dist. 200,000
University & Niagara Dist. Lighting 100,000
Buildings Delaware Pk. Labor Center 150,000
Improvements-Bennett Beach 120,000
Reconstruction-Kleinhans 658,000
Acq. & reconstruct PUA Bldg. 200,000
Construction Bailey Kensington CC 200,000
Comm. Dev. Planning New Sports Arena 2,350,000
Construct New Masten Dist. CC 300,000
Construct Stage-Delaware Pk. 300,000
Bd. of Ed. Handicapped Access Improvements 125,000
Water Reconstruct Emerald Channel Intake 800,000
Install Switch Gear-Mass. Station 1,750,000
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 24
CERTIFICATE OF APPOINTMENT
Appointment to become effective May 28, 1992 in the Department
of Assessment, Cheryl A. Yeates, 65 Frontenac Ave., Buffalo, NY 14216 to the
position of Sr. Tax Clerk, Provisional at the starting salary of $23,424.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 25
CERTIFICATE OF APPOINTMENT
Appointment to become effective May 28, 1992 in the Department
of Assessment Andrew P Satyshur, 827 Amherst St., Buffalo NY 14216 to the
position of Senior Assessor, Temporary at the starting salary of $38,089.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 26
Notification Serial # 8237
NO STANDING ANYTIME - 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 15 Section 20 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing thereto the following: NO
STANDING ANYTIME - REPEAL
PUBLIC HIGHWAY PROHIBITED PORTION OF
HIGHWAY
Scott Street From the east curb line of
south side Washington Street and a point
153' east therefrom.
Notification Serial #8238
PERMISSIVE PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing thereto the following: PERMISSIVE
PARKING -REPEAL
PERIOD OF PERMISSIVE PKG
EFFECTIVE DAILY EXCEPT
SATURDAY AND SUNDAY
PERMISSIVE PKG LOCATIONS
Clinton Street One Hour Parking
north side 7am-6pm Monday - Friday
from Oak Street to
Michigan Avenue
Notification Serial #8239
PERMISSIVE PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing thereto the following: PERMISSIVE
PARKING - REPEAL
PERIOD OF PERMISSIVE PKG
EFFECTIVE DAILY EXCEPT
SATURDAY AND SUNDAY
PERMISSIVE PKG LOCATIONS
Clinton Street One Hour Parking
south side 7am-6pm Monday - Friday
from Oak Street to
Michigan Avenue
Notification Serial # 8240
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 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIBITED LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
South Park Avenue Between Washington Street and
north side Michigan Avenue
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 27
REPAIRS TO 48 INCH TRANSMISSION MAIN
LOCATED AT INTERSECTION OF NIAGARA STREET
AND PORTER AVENUE
I hereby submit to your Honorable Body, for your information only,
change to Service Order No. 10722490, Repairs to 48 Inch Transmission Main
located at the Intersection of Niagara Street and Porter Avenue by Nichter
Utility Construction Company, Inc.
1. Extra excavation, relocation, pumping and restoration.
Add:$ 6,577.98
The foregoing change results in a net increase in the service order of
$6,577.98.
Summary: Original Service Order Amount
(Reported to Council CCP 51, 12/23/91 $19,100.00
Amount of Change Order $6,577.98
Revised Service Order Amount $25,677.98
This additional work was not foreseen in the original proposals.
The total cost of this work is lower than the next bidder, Kandey Company, in
the amount of $28,335.00. Costs have been revised by the Department of Public
Works and found to be fair and equitable.
Funds for this work are available in the Division of Water's Operating and
Maintenance Budget, 015-00-561 account.
RECEIVED AND FILED.
No. 28
Change in Contract University Heights Community Center
I herewith submit to Your Honorable Body the following change in contract for
the University Heights Community Center, Concept Construction Co., C-91592600:
1. Provide drywall ceiling in front
and rear stairs. ADD $2,858.00
2. Provide plywood enclosures at
duct in gymnasium ADD 622.00
3. Omit beam enclosure in gymnasium
DEDUCT 1,634.00
4. Revise stair layout in utility
room 122. ADD 230.00
5. Provide one-hour drywall ceiling
in Karate Room and adjacent corridor
in lieu of acoustic tile. ADD 385.00
6. Provide access door in stair D for
HVAC unit. ADD 350.00
7. Provide windows between rooms 123
and 124. ADD 1,345.00
8. Provide counter in workroom #113.
ADD 1,546.00
9. Provide cabinets in daycare room
#3,4,7,8, 11 & 17. ADD 3,522.00
10. Modify lobby counter for security
console. ADD 322.50
11. Provide wall cabinet in kitchen ADD 325.00
The foregoing change results in a net increase in the contract of Nine Thousand
Eight Hundred Seventy-one and 50/100 Dollars ($9,871.00).
Summary Original Amount of Contract $2,525,000.00
Change Order No. 1 CCP # 31 10/15/91 ADD 14,472.00
Change Order No. 2 CCP # 28 3/3/92 ADD 5,502.00
Amount of this change (No.3) ADD 9,871.50
Revised Amount of Contract $2,554,845.50
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Consulting Architect Donald E. Brundage and the Department of
Public Works and found to be fair and equitable. Funds for this work are in B/F
200-402-518 -Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Work
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 28,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 3 to Concept Construction Company, changes resulting in
a net increase in the amount of $9,871.00, as more fully described in the above
communication, for additional work relating to University Heights Community
Center, Contract No. C 91592600. Funds to be charged against the B/F
200-402-518 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 29
Change in Contract University Heights Community Center
I herewith submit to Your Honorable Body the following change
in contract for the University Heights Community Center, Joe Carino Plumbing
Co. C-91606800:
1. Insulate hot water storage tank. ADD $3,735.00
2. Install condensate drain for
fan coil unit. ADD 649.00
3. Install water line to basement
for water cooled condenser. ADD 574.00
The foregoing change results in a net increase in the contract of Four Thousand
Nine Hundred Fifty-eight and 00/00 Dollars ($4,958.00)
Summary Original Amount of Contract $194,623.00
Amount of this change (No. 1) ADD 4,958.00
Revised Amount of Contract $199,581.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-518 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 28,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #1 to Joe Carino Plumbing Company, changes resulting in a
net increase in the amount of $4,958.00, as more fully described in the above
communication, for additional work relating to University Heights Community
Center, Contract No. C 91606800. Funds to be charged against the B/F
200-402-518 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 30
Change in Contract Old First Ward Comm. Center Republic & Tennessee Sts.
I herewith submit to Your Honorable Body the following change
in contract for the New Building, Old First Ward Community Center, Republic &
Tennessee Streets, Buffalo, New York, Burgio & Campofelice, Inc. C-91610400:
1. Accelguard Mortar Admixture ADD 604.35
2. Deduct interior windows and add
masonry to fill openings DEDUCT 1,752.00
3. Additional Glass Block ADD 389.85
4. Additional Tectum Roofing ADD 1,846.74
TOTAL ADD $1,088.94
Glass block was added in lieu of some interior view windows.
The foregoing change results in a net increase in the contract of One Thousand
Eighty Eight Dollars and 94/100 ($1,088.94).
Summary: Original Amount of Contract $1,567,037.00
Change Order No. 1 CCP 53 12-23-91 ADD 834.59
Change Order No. 2 CCP 41 1/21/92 ADD 2,734.62
Change Order No. 3 CCP 37 2/18/92 ADD 21,260.00
Change Order No. 4 CCP 36 5/12/92 ADD 16,590.00
Amount of this change (No. 5) ADD 1,088.94
Revised Amount of Contract
$1,609,545.15
This change could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable.
Funds for this work are in B/F 200-402-024 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June 3,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 5 to Burgio & Campofelice, Inc., changes resulting in a
net increase in the amount of $1,088.94, as more fully described in the above
communication, for additional work relating to Old First Ward Community Center,
Republic & Tennessee Streets, Contract No. C 91610400. Funds to be charged
against the B/F 200-402-024 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 31
Change in Contract Exterior Stair Reconstruction
Buffalo Museum of Science
I herewith submit to Your Honorable Body the following change
in contract for the Exterior Stair Reconstruction, Buffalo Museum of Science,
Vara-Science, Inc. C-91644400:
1. Scarify and overlay structural slab with
acrylic topping. ADD 4,578.00
When the wearing slab was removed, the top of the structural slab was found to
be uneven and partially delaminating.
The foregoing change results in a net increase in the contract of Four Thousand
Five Hundred Seventy Eight Dollars and 00/100 ($4,578.00).
Summary: Original Amount of Contract $54,000.00
Amount of this change (No. 1) ADD 4,578.00
Revised Amount of Contract $58,578.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-072 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June 3,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #1 to Vara-Science, Inc., changes resulting in a net
increase in the amount of $4,578.00, as more fully described in the above
communication, for additional work relating to the Buffalo Museum of Science,
Contract No. C 91644400. Funds to be charged against the B/F 200-402-072
Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 32
Change in Contract Exchange Street-Phase II-Group # 326
Contract #91628200 Destro & Brothers Conc. Co., Inc.
Item No. 33, C.C.P. 7/31/90
I hereby submit to your Honorable Body the following "no cost"
negotiated unit price additions to the contract.
Additional Work
1. Due to the unanticipated late construction start last season, the asphalt
top course was not laid until this spring. It is our policy to apply an
emulsion tack coat over asphalt binder that has been in place over a winter
without an asphalt top course.
ITEM NO. DESCRIPTION NEGOTIATED ACTUAL COST
UNIT PRICE QUANTITY
04.610 Asphalt Emulsion -$1.375 Gal. 1,170 $1,608.75
Tack Coat
2. In conjunction with the new traffic signals at Washington and Seneca
Streets, and keeping with City Policy of installing handicap ramps at all
intersections, the contractor was ordered to install a handicap ramp at the
northwest corner of this intersection. This corner contains an underground
sidewalk vault and the contractor was ordered to hand remove the concrete roof,
waterproof, burn the iron faced curb, and install the handicap ramp.
ITEM NO. DESCRIPTION NEGOTIATED QUANTITY COST
UNIT PRICE
06.120 Sidewalk Vaults $1,461.69 Lump Sum $1,461.69
TOTAL COST ADDITIONAL WORK $3,070.44
DELETED WORK
1. The original plans specified interconnecting the new signal at Washington
and Seneca Streets with the existing signals at Main and Seneca, and Pearl and
Seneca. However, it was discovered that the existing conduit under Main Street
was destroyed and could not accept interconnect cable.
ITEM NO. DESCRIPTION QUANTITY UNIT COST
UNIT COST
05680. Cleaning and 1,350 Lin.Ft. $2.20 $2,970
8301 preparing existing
underground conduit
680. Interconnect Cable, 42.74 Lin.Ft. $2.35 $ 100.44
731014 10 Conductors,
# 14 AWG.
TOTAL COST DELETED WORK $3,070.44
Additional Work $3,070.44
Deleted Work $3,070.44
NO COST
Contract Summary:
Original Contract amount $710,566
Change Order #1 NO COST
Change Order #2 (This Change Order) NO COST
TOTAL $710,566
This work will require no extension of time. The second low bidder for
this contract was Anastasi Trucking with the Base Bid Amount of $717,621.
I respectfully certify that this no cost change is fair and equitable for
the work involved and respectfully request that your Honorable Body approve the
above change order and authorize the Commissioner of Public Works to issue said
change order to Destro Brothers Concrete Company, Inc.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June 4,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #2 to Destro Brothers Concrete Company, Inc., changes
resulting in a no cost change, as more fully described in the above
communication, for additional work relating to Exchange Street- Phase II -
Group 326, Contract No. C 91628200.
PASSED.
AYES- 12 NOES- 0.
No. 33
Emergency Repair Condensate Transfer Pump & Circulating Pump City Hall
Please be advised that on 01/03/92 a condensate transfer pump
and a circulating pump failed in Buffalo City Hall. These pumps are necessary
to heat the building, therefore an emergency was declared and Armor Electric
Motor Repair, Inc., 224 Elk Street, Buffalo, New cork 14210 was ordered to
repair one pump and replace one pump.
Materials and labor to repair a 20 H.P. Lima motor and purchase a new
Baldor/Industrial Pump Motor totaled $468.75. Funds are available for this
project in the Division of Buildings.
RECEIVED AND FILED
No. 34
Emergency Repair Booster Pump City Court
Please be advised that on 04/15/92 a booster pump and valve failure
caused loss of water to City Court. An emergency was declared and Joseph
Carino Plumbing & Heating Inc., 419 Auburn Avenue, Buffalo, New York 14213 was
ordered to replace one 15 H.P. pump, ball valve, check valve and new piping.
Material and labor to install new pump and piping totaled $3,515.00. Funds are
available for this project in the Division of Buildings.
RECEIVED AND FILED.
No. 35
Emergency Repair Water Booster System City Court
Please be advised that on 02/25/92 a sequencer and pump failure
at the Buffalo City Court caused an interruption in domestic water supply for
the entire building. An emergency was declared and M. J. Mechanical Service,
Inc., 2040 Military Road, Tonawanda, New York 14150 was ordered to diagnose and
repair the sequencer.
Material and labor to troubleshoot, dismantle and repair the sequencer totaled
$2,001.79. Funds are available for this project in the Division of Buildings.
RECEIVED AND FILED.
No. 36
Emergency Repair Supply Air Fan City Court
Please be advised that on 02/05/92 bearings on a supply air fan
at City Court failed, making it impossible to introduce outside air to lower
floors, causing overheating of building. An emergency was declared and Armor
Electric of 224 Elk Street, Buffalo, New York 14210 was called to recondition
motor, install new bearings, varnish and bake and deliver motor to City Court.
Materials and labor to complete repairs on this motor totaled $376.50. Funds
are available for this project in the Division of Buildings.
RECEIVED AND FILED.
No. 37
Emergency Repair Fuel Oil Heater & Electric Panel Police Headquarters
Please be advised that on 02/19/92 a fuel oil heater failed, causing
the boilers to shut down at Police Headquarters on 74 Franklin Street. An
emergency was declared and the Colgate Heating Corp., 142 Colgate Avenue,
Buffalo, New York 14220 was ordered to repair the heater.
Material and labor to repair the heater totaled $344.41. Funds are available
for this project in the Division of Buildings.
RECEIVED AND FILED.
No. 38
2421 Main Street Requests Permission to Encroach City Right of Way.
#42 of 5/12/92
#13 of 5/26/92
#123 of 5/26/92
Mr. Paul J. Braun of Cadillac, located at 2421 Main Street requested
permission to install a sign which encroaches city right of way at the May 12,
1992, Common Council Meeting (C.C.P. # 42 of 5/12/92). This request was
routinely referred to the City Planning Board and the Committee on Legislation
Meetings of May 19, 1992.
Although City Planning approved the sign installation (C.C.P. # 13 of
5/26/92), the Legislation Committee received and filed said request (C.C.P. #
123 of 5/26/92).
Mr. Braun wishes to reapply for permission to install the sign at this
time.
Mr. Fahey moved:
That the communication from the Department of Public Works dated June 9,
1992 be received and filed; and
That the request of Mr. Paul J. Braun of Braun Cadillac, 2421 Main St. to
install a sign at 2421 Main St. which encroaches the City right of way be and
hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 39
Curtis Screw Company, 1130 Niagara Street, Requests Permission to Encroach City
Right of Way.
Mr. John T. Hoskins. Chairman of the Board of Curtis Screw Company,
located at 1130 Niagara Street, has requested permission to construct a new
entranceway, which would encroach city right of way to the existing building at
said address,
The new entrance which is permanent in nature is being proposed to
enhance the buildings appearance and is part of an ongoing renovation project.
The entrance measures thirty feet in width and would project approximately
three feet six inches from the building face into city right of way.
The Department of Public Works has reviewed Mr. Hoskins application
pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said encroachment provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary before construction begins.
2. That the entranceway is installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3 That the entranceway does not exceed thirty feet in width or project more
than three feet six inches into city right of way.
4 In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E.) of the City Ordinances.
5. That the applicant supply the City of Buffalo with a Ten Thousand Dollar
($10,000) 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 entranceway.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 40
Striping Bikepath for Richmond Avenue
Item. No. 213 C.C.P. 04/14/92
This is in reply to your request to stripe Richmond Avenue with
a designated bikepath. The main concern of this Department is the safety of
the travelling public. While McKinley Parkway has a designated bikepath, the
bikepath intermingles a parking lane. This is not an ideal situation, but is
acceptable because McKinley has fewer doubles and more driveways; therefore,
not many cars park on the street. Also, McKinley has lower traffic volumes than
Richmond.
To stripe Richmond Avenue with a designated bikepath, and still allow
parking, traffic would be reduced to one lane in each direction. Previous
traffic studies show that such a reduction would severely hamper traffic flow.
In addition, because of safety concerns, this Department will not intermingle
a bikepath with the current high volumes of parking on Richmond Avenue.
In addition, our records indicate the City of Buffalo has never
designated Richmond Avenue as a bikepath. Therefore, this Department will not
be striping Richmond Avenue with a designated bikepath.
RECEIVED AND FILED.
No. 41
Gateway Tunnel Feasibility Study
I have attached for Your Honorable Body's information only the
Gateway Tunnel Feasibility Study that you requested at the Finance Committee of
June 2, 1992.
This report is filed in the City Clerk's office.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PARKS
No. 42
Report of Informal Bids Houghton Park Diamond No. 2
Sports Net
The Department of Community Development requested and received
the following informal proposal for a new sports net at Houghton Park Softball
Diamond No. 2:
BIDDER BID
Armor Fence Co. of W.N.Y., Inc. $ 8,270
4789 Bussendorfer Avenue
Hamburg, New York 14075
Arrow Fence & Construction Co., Inc. 9,844
8560 Main Street
Williamsville, New York 14221
Wire Products Co., Inc. 12,269
565 Fillmore Avenue
Tonawanda, New York 14150
Oneida Sales & Service, Inc. NO BID
417 Northumberland Avenue
Buffalo, New York 14215
City Fence
6047 Transit Road
East Amherst, New York 14051 NO BID
Designer's Estimate $10,000
The foregoing is a true and correct abstract of all bids received and
Armor Fence Co. of W.N.Y., Inc. is the lowest responsible bidder in the amount
of $8,270. Funds for this work are available in Parks Department Capital
Project Account 200-601-035.
I therefore, recommend that Your Honorable Body authorize the
Commissioner of Parks to order the work by Armor Fence Co. of W.N.Y., Inc. in
the amount of $8,270.
Mr. Fahey moved:
That the communication from the Department of Parks, dated May 28, 1992,
be received and filed; and
That the Commissioner of Parks be, and he hereby is authorized to award a
contract for Houghton Park Diamond No. 2 Sports Net to Armor Fence Co. of
W.N.Y., Inc., the lowest responsible bidder in the amount of $8,270.00, with
said cost to be charged against Parks Department Capital Project Account
200-601-035.
PASSED.
AYES- 12 NOES- 0.
No. 43
Info Playground Renovation Bids
Item # 50 C.C.P. 5/12/92
This is the information Your Honorable has requested.
1. Lincoln Playground - There are currently funds allocated in the 90-91 and
91-92 Capital Budget. Community Development is waiting for input from the
District Councilman's office as to what the plans for the playground should be.
2. Your Honorable Body will be informed as to locations of renovations to
other parks. This is being done through the Planning Division of Community
Development.
3. The renovations are being complied with Federal regulations.
4. I would not request Federal assistance to bring playgrounds up to code
because we have the expertise in the Division of Planning to do the job. The
only assistance we need from the Federal Government is financial and that I
welcome.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 44
Investigate Pkg. Regulations on Linwood
Item # 153, C.C.P. May 26, 1992
Be advised that we are awaiting guidance from the Traffic Safety
Engineer regarding this problem.
RECEIVED AND FILED.
No. 45
Eliminate Some Cars Assigned 24 Hour Basis
Item # 154, C.C.P., 5/26/92
In response to your resolution concerning the number of individuals
who might be able to take advantage of a central car pool, be advised that
there are 12 such personnel in our Department.
However, please be advised that the Union may file a Grievance in relation to
any such cars and based on past practices they may win such a grievance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
CERTIFICATE OF APPOINTMENT
Appointment effective April, 28, 1992 in the Department of Police,
Donald Gold, 108 Gorton St., Buffalo, NY 14207 to the position of Laborer I,
Permanent at the starting salary of $9.38/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 47
92-93 Budget
I have attached a copy of a letter which was submitted to the
Budget Director, Thomas Keenan, after our Department had reviewed the 92-93
Budget, recommended by your Honorable Body. We have found some potentially
serious financial problems, which will impact our ability to provide effective
fire protection to the Citizens of our City.
There are some alternative solutions to some of these problems, which I would
like to present at your earliest convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 48
Eliminate Some Cars Assigned 24 Hour Basis
C.C.P. # 154 5/26/92
A review of Fire Department Policy concerning vehicles assigned
to members on a 24 hour basis, has revealed that considering the size and
purpose of the Department, and the duties and responsibilities of those
assigned these vehicles, all vehicles assigned are justified.
Due to the fact that the Fire Department operates 24 hours on an emergency
basis, and the response of these members who have vehicles must be immediate, I
find no advantage of a central car pool.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
CERTIFICATE OF APPOINTMENT
Appointment effective June 1, 1992 in the Department of Fire,
Paul Mezger, 62 Zollars, Buffalo, New York 14220 to the position of
Communications Electrician, Permanent at the starting salary of $24,623.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 50
CERTIFICATE OF APPOINTMENT
Appointment to become effective June 1, 1992 in the Department
of Fire Robert Andrycha, 75 Bame Avenue, Buffalo, New York 14215 to the
position of Communications Electrician, Permanent at the starting salary of
$27,267.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 51
Prosthetics by Nelson
Payment for Services to Police Officer
Item No. 97, C.C.P., May 12, 1992
We have been informed by the Buffalo Police Department that the
referenced matter has been paid.
RECEIVED AND FILED.
No. 52
Broadway Market Lease
Item No. 88, C.C.P. 5/26/92
The City has authority to enter into an extension of the lease
pursuant to City Ordinance 133-12. We require further information from the
Comptroller and Community Development on the policy issues to determine if
there are any other legal issues.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 53
D. Sansanese - Comp. Demo. Costs - 142 W. Delavan
Item No. 92, C.C.P., May 26, 1992
You may compromise demolition costs if there is a reasonable basis
to do so which is substantiated in the report on the matter from the Department
of Inspections and Community Renewal.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Memorialize Legislation - Water Board Membership
Item No. 47, C.C.P., May 28, 1992
State legislation is required to alter the make-up of the Water
Board consistent with the above-referenced resolution. This resolution merely
memorializes the Common Council's desires in this regard.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Eliminate Round-the-Clock Cars for Some City Officials
Item No. 154, C.C.P., May 26, 1992
No city owned cars are assigned to members of the Department of
Law. Legal Investigators and perhaps others in the Department of Law would
take advantage of a central car pool if it was available.
RECEIVED AND FILED.
No. 56
Utility Tax Rate Increase
Retroactive Application
(Item No. 110, C.C.P., 3/3/92)
In connection with the adoption of the home rule message for an
increase in the utility tax rate, you asked me for advice concerning the
retroactive application of a tax increase.
Generally, there is no constitutional objection to retroactive
application of a tax statute. Beaumont v. State of New York, 477 NYS 2d 272;
U.S. v. Darusmont, 449 U.S. 292. So long as the proposed retroactive
application is not unreasonably long, serves a public purpose, and does not
unreasonably disappoint the taxpayer's justified reliance on prior law, such
retroactive application will not violate due process. See Beaumont and
Darusmont.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
Ordinance Amendment Chapter 309
Parks and Other Open Spaces
Please be advised that my approval as to form of Mr. Fahey's introduction
of the above referenced item is only to the effect that its title and citation
is correct. Such approval does not go to any substantive issues and, in fact,
it is my opinion that such ordinance amendment is beyond the authority of the
Common Council.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 58
Broadway Market Corp. Offer to Extend Lease
Item # 88 C.C.P. May 25, 1992
Your Honorable Body has asked the Department of Community Development
to review and address the above referenced item. Specifically the Broadway
Market Management Corporation has offered to extend the former lease for an
additional five years with the same terms and conditions.
It is the recommendation of this Department that such an extension be
delayed until important management issues are addressed and resolved to the
satisfaction of the City. As you know, the City has made a sizeable capital
investment in the Market and continues to subsidize the operation of the Market
by paying one-half of gas and electric utility bills. To maximize that
investment, the City must make every effort to insure the Corporation manages
this facility in the most efficient manner possible before any lease is
extended. These various management issues should be addressed and resolved,
with input from the Common Council.
This office is available to answer any questions on this matter and will
keep the Council informed of future progress.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Establishment of Enterprise Zone
Item No. 157, C.C.P., 5/25/92
Your Honorable Body has asked the Department of Community Development
to provide recommendations for the creation of an Urban Enterprise Zone
Program. The following background information and preliminary recommendations
are offered for the Council's review.
The Bush administration, in its FY 1992 Budget, has proposed federal
enterprise zone legislation to Congress which repeals previous legislation. It
has been reported that the new legislation would permit the designation of 50
enterprise zones (2/3 in urban areas) through a competitive selection process.
It is anticipated that the selection criteria will consider measures of
distress, the willingness of State and local governments to mount significant
efforts to overcome poverty and unemployment, and the likelihood that State and
local efforts, in conjunction with Federal incentives, would lead to
significant results in reducing poverty and unemployment.
Before specific recommendations can or should be developed, it is
important to note that a significant number of studies used are available that
address the degree of effectiveness of various measures designed to improve the
business climate of a given area. Recommendations on how Buffalo is to proceed
should take into consideration those studies, to increase the viability of a
proposal involved in a national competition and to help insure the success of a
program.
For example, studies have shown tax differential features are somewhat
qualified either because different localities have the same features or because
tax structures often change diminishing original incentives.
Preliminary comments would be that successful enterprise zones should
target areas with high concentrations of unemployment and poverty. Potential
remedies must include various tax incentives at all levels of government,
including sales tax, investment tax credits, capital gains tax, personal income
tax, and availability of capital and credit.
Non-revenue incentives to be examined would include relief from land use
regulations, zoning laws, and building codes, and by strengthening education
and training efforts.
In order to take advantage of research and evidence already gathered and
analyzed and to incorporate the most important components of any potential
program, and comprehensive cert/benefit analysis should be conducted. Such
analysis should include public and private sector personnel, working with a
tight time schedule under the direction of the Department of Community
Development.
Assuming the Council believes there is merit to such an approach, the
Department of Community Development will immediately coordinate such an effort
working with and reporting to the Council on program progress.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 60
Community Wide Urban Renewal Homestead Program Amendment-
Group # 3
The Community-Wide Urban Renewal Homestead Program, approved September
18, 1984, C.C.P. No. 279, and subsequently amended, has a twenty-year duration.
Under Section E of said Plan, additional supplements for housing projects
are permitted. This Plan has been amended in the past to reflect changes in
housing programs and the availability of disposition parcels. The last plan
amendment, which included a supplement for several hundred city-owned parcels
targeted for residential development, was approved on May 27, 1991, C.C.P. No.
177.
The following thirty-five (35) parcels have been identified by the
Department of Inspections and Community Revitalization as sites for new housing
development:
1309 Michigan 1171 Michigan 102 East Utica
1315 Michigan 1200 Michigan 106 East Utica
1317 Michigan 1202 Michigan 186 East Utica
1321 Michigan 1243 Michigan 190 East Utica
1297 Michigan 1245 Michigan 158 Laurel
1301 Michigan 1388 Michigan 160 Laurel
1303 Michigan 1390 Michigan 292 Masten
1201 Michigan 1410 Michigan 296 Masten
1203 Michigan 1414 Michigan 291 Masten
1207 Michigan 94 East Utica 299 Masten
1209 Michigan 98 East Utica 63 Northampton
834 South Park
849 South Park
The City Planning Board gave its unqualified approval to the plan
amendment at its June 2, 1992 meeting. A recommendation from the Planning
Board is a prerequisite to Common Council action.
Upon receiving the recommendation of the City Planning Board, it is
respectfully requested that your Honorable Body act on the amendment of the
Plan by conducting a public hearing and by adopting an appropriate resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 61
E.A.F. Community Wide Urban Renewal Homestead Program, Plan Amendment- Group #
3
Attached for your information is the Short Environmental Assessment
Form for the project captioned above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 62
Major Plan Change - Oak Street
Redevelopment Urban Renewal
Plan Amendment, Parcel 8A2
The Oak Street Redevelopment Urban Renewal Plan, approved May
5, 1970, C.C.P. No. 170, and subsequently amended, has a forty-year duration.
The latest amendment to the Plan, approved by the City Planning Board on
July 18, 1989, divided former parcel 8A1, designated for residential
development, into two new parcels known as 8A1 and 8A2. Parcel 8A1, as amended,
located on the southwest corner of Carlton and Ellicott Streets (40,025+ square
feet), was disposed of for construction of Cornerstone Manor. This facility
provides shelter for battered and abused women. Parcel -8A2, located on the
southeast corner of Carlton and Washington Streets (25,042+ square feet), has a
land use designation of "residential".
The M. J. Peterson Development Corporation is proposing to construct a
three-story, 40,000 square foot office building on parcel 8A2. The new
facility will be the corporate headquarters for Home Care Support Services,
Inc. Home Care Support Services is a division of the Visiting Nurses
Association of Western New York, which is owned by the Millard Fillmore
Hospital System.
The proposed office building will also house an adult day care center and
child day care center, which will be operated by one of the Visiting Nurses
Association subsidiaries. Additionally, there will be a wholesale pharmacy
business that will dispense pharmaceutical goods and durable medical equipment
to clients of the Visiting Nurses Association and Home Care Support Services.
The current land use designation of parcel 8A2 is residential and, as
such, a "change of use" to "Hospital Medical Service" is required to
accommodate the proposed development.
This amendment would affect only the Disposition and Land Use Plan maps
with the narrative portion of the Urban Renewal Plan remaining the same.
The City Planning Board gave its unqualified approval to the plan
amendment at its June 2, 1992 meeting. A report from the Planning Board is a
prerequisite to Common Council action.
Upon receiving the recommendation of the City Planning Board, it is
respectfully requested that your Honorable Body act on the modification of the
Plan by conducting a public hearing and by adopting an appropriate resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 63
E.A.F. Oak Street Redevelopment Urban Renewal Plan Amendment
(Parcel 8A2)
Attached for your information is the Short Environmental Assessment
Form for the amendment captioned above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 64
Request Plan for Tire Disposal
Item #168 C.C.P. May 26, 1992.
The Street Sanitation crews will be picking up tires throughout
the City the week beginning June 29th and also the week beginning August 31st.
As these are the 5th weeks of the month and no trash collection is scheduled
our crews will be picking up the tires and performing other related functions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 65
Pre-Asbestos Survey for 1489 Fillmore Avenue -
General Electric Plant
Pre-Asbestos Survey bids for the City-owned property located at
the above-stated Property were Secured on June 5, 1992.
It is imperative that our department have your Honorable Body's approval at the
meeting held on June 9, 1992 so that we may have the funds in place prior to
the end of this fiscal year and execute this contract before July 1, 1992.
Please be advised that six (6) contractors submitted bid offers and that the
contract will be awarded to the following:
ADDRESS/ OWNER CONTRACTOR/ AMOUNT OF BID
1489 Fillmore Avenue Monroe Monitoring & Analysis, Inc.
City of Buffalo 1425 Mt. Read Blvd. ,Rochester, N.Y.
$8,770.00
We, therefore, respectfully request that upon approval by your Honorable Body
and inspections made by this department, that the cost of this project be
charged to this department's #100-241-011-00-583 Account.
Mr. Fahey moved:
That the communication dated June 9, 1992 from the Commissioner of
Inspections and Community Revitalization be received and filed; and
That the Commissioner of Inspections and Community Revitalization be and
hereby is authorized to accept the bid of Monroe Monitoring and Analysis Inc.,
in the amount of $8,770.00 for the pre-asbestos survey for 1489 Fillmore
Avenue- General Electric Plant-; and award the contract accordingly.
The cost of the project to be charged to this department's account No.
100-241-011-00-583.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 66
Request Investigation Into Parking Regulations on Linwood Ave.
Item # 153 C.C.P., May 26, 1992
The above item was referred to this office for a response.
We are aware of the parking problems that exist on Linwood Avenue and we
realize the area is predominately residential. However, our office is
receiving complaints and requests from the doctors and businesses to enforce
the 2 hour parking restrictions. They point out that vehicles that are parked
all day deprive their patients and clients the convenience of a parking space.
The existing signs are as follows:
Linwood between Summer and Baker, Bryant and W. Utica -
West side of Linwood - even
1) "No parking 1:30 am to 7:30 am-Thurs, Fri, Sat"
2) "Two hour parking 7am-7pm ex Sunday"
East side of Linwood - odd #'s:
1) "No parking 1:30am-7:30am - Tues, Wed"
2) "Two hour parking 7am-7pm ex Sunday"
Linwood between W. Utica and W. Ferry -
West side of Linwood - even
1) "No parking 1:30am-7:30am - Thurs, Fri & Sat"
East side of Linwood - odd #'s:
1) "No parking 1:30am-7:30am - Tues & Wed"
Further be advised, Linwood Avenue is not a bus route.
The Department of Public Works is the appropriate department to undertake any
review of the current parking restrictions on Linwood.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 67
Residency Requirements for Employees
Item No. 192, C.C.P. 05/12/92
Please be advised that it is the policy of the Buffalo Municipal
Housing Authority, in accordance with the rules of the Municipal Civil Service
Commission, that all employees be residents of the City of Buffalo. Further,
all applicants for employment must be residents of the City at the time of
filing an application. If applicants cannot provide clear and convincing
evidence of residency at the time of filing, Civil Service will require
verification of continuous and uninterrupted residency for 90 days prior to the
filing of the application.
The Authority will continue to require residency as described above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 68
Mayor Reported Out of State
Enclosed herewith are letters from the office of the Hon. James
D. Griffin, Mayor, reporting his absence from the State from Wednesday, May 27,
1992 until Friday, May 29, 1992, delivered to the City Clerk on Tuesday, May
26, 1992.
A letter was also received from the office of the Mayor on Wednesday, May
27, 1992 indicating that the Mayor would not be out of State on the dates
reported.
RECEIVED AND FILED.
No. 69
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.
Public Works- Water
RECEIVED AND FILED.
No. 70
Automobile Transportation Allowances
The following departments have filed the required copies of certificates
relative to the granting of Automobile Transportation Allowances for employees
in their respective departments:
Human Resources- Sharon Loubert, Peter T. Juliano
RECEIVED AND FILED.
No. 71
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
1591 Niagara St. Campbell's Pub Bridget A. Campbell
1416 Kenmore Ave. 1416 Kenmore , Inc.
RECEIVED AND FILED.
.
No. 72
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:
Mayor/Mayor Executive- Patrick Eck
Comptroller- Susan Mascia, Margaret Quinn
Assessment- Cheryl A. Yeates, Andrew P. Satyshur
Public Works- Thomas Sands
Human Resources- Theresa Vito
RECEIVED AND FILED.
No. 73
Reports of Attendance Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Home Improvement Advisory Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 74
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 effective May 22, 1992 in the Department of the City Clerk to the
Position of Intern III, Seasonal at the starting salary of $ 5.00/hr.
Andrea J. Gilmour, 302 Cumberland Ave., Buffalo, 14220
Jessica Kelly, 90 Meriden, Buffalo, 14220
Thomas Knezevic, 328 Southside Pkwy., Buffalo, 14220
Garrett P. Murphy, 69 Densmore, Buffalo, 14220
Michael Nolan, 17 Hillside, Buffalo, 14210
Appointment to become effective May 26, 1992 in the Department of the City
Clerk, Michael J. DiVito, 436 Porter Ave., Buffalo, 14201 to the position of
Intern III, Seasonal at the starting salary of $5.00/hr.
Appointment to become effective May 28, 1992 in the Department of City Clerk
Alfred Richardson, 310 Chelsea, Buffalo, 14215 to the position of Intern IV,
Seasonal at the starting salary of $6.00/hr
.
No. 75
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.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment to become effective June 4, 1992 in the Department
of Stadium & Auditorium, Division of Pilot Field Stadium, Daniel Summers 33
Buffum Street, Buffalo, 14210 to the position of Laborer I, Seasonal at the
starting salary of $5.98/hr.
Appointment to become effective May 26, 1992 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium, Sharon Campbell, 205 Marine Drive,
Buffalo, 14202 to the position of Laborer II, Seasonal at the starting salary
of $6.65/hr.
DEPARTMENT OF PUBLIC WORKS
Appointment to become effective May 28, 1992 in the Department
of Public Works, Division of Engineering, to the position of Laborer I,
Seasonal at the starting salary of $5.98/hr.
Lawrence J. Jay, 59 Brownell St., Buffalo, NY 14212
Joseph Cicatello, 165 Ross Ave., Buffalo, NY 14207
DEPARTMENT OF PARKS
Appointment to become effective May 27, 1992 in the Department
of Parks, Division of Recreation to the position of Supervising Lifeguard,
Temporary at the starting salary of $5.75/hr.
Maureen Callahan, 606 McKinley Pkwy., Buffalo NY 14220
David Hassett, 844 Potomac Avenue, Buffalo NY 14216
Appointment to become effective May 27, 1992 in the Department of Parks Joseph
B. Miranda, 142 Cantwell Dr., Buffalo 14220 to the position of Laborer II,
Seasonal at the starting salary of $6.65/hr.
Appointment to become effective June 2, 1992 in the Department of Parks,
Division of Recreation Timothy Overdorf, 176 Mackinaw St., Buffalo 14204 to the
position of Laborer II, Seasonal at the starting salary of $6.65/hr.
DEPARTMENT OF FIRE
Appointment to become effective June 1, 1992 in the Department
of Fire, Ronald Garrett, 56 Kamper St., Buffalo, NY 14210 to the position of
Communications Specialist, Permanent at the starting salary of $22,602.
Appointment to become effective June 10, 1992 in the Department of Fire,
Anthony Scarpace, 122 Military Rd., Buffalo, NY 14207 to the position of
Communications Specialist, Permanent at the starting salary of $22,602.
DEPARTMENT OF LAW
Appointment to become effective June 4, 1992 in the Department
of Law, Susan D. Cotellessa, 291 Potomac Ave., Buffalo, NY 14213 to the
position of Law Clerk, non-competitive, at the starting salary of $5.63/hr.
DEPARTMENT OF STREET SANITATION
Appointment to become effective June 1, 1992 in the Department
of Street Sanitation to the position of Laborer II, Seasonal at the starting
salary of $6.65/hr.
Victor R. Brown, 342 Guilford St., Buffalo, NY 14208
Robert Dronckowski, 47 Marine Dr., Apt. 3 F Buffalo, NY 14202
Vincent G. Hornberger, 320 Downing St., Buffalo, NY 14220
Michael McCabe, 8 Britt St., Buffalo, NY 14220
DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective June 22, 1992 in the Department
of Human Resources, Division of Substance Abuse Services, Charlene E. Scherer,
44 Kimberly Ave., Buffalo 14220 to the position of Typist, Provisional at the
starting salary of $18,512.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 76
ARTS COUNCIL
Favor Increase in Funding
The Arts Council in Buffalo and Erie County and members of the
cultural community are very pleased to hear of the proposed resolution by
Councilmembers Archie L. Amos, Jr. and Carl A. PerIa, Jr. which comes before
you this Tuesday June 9. This resolution supports "...increasing funding for
cultural and human service grant-in-aid agencies.. up to 50 per cent...." if
the City has the fiscal ability to do so by December of this year.
We are well aware that in this extremely tough budget year, the Common Council
had to make some very difficult decisions. As indicated in the resolution and
as we have previously demonstrated to you, the serious economic impact of 75%
cutbacks in funding on these various agencies - as well as the far-reaching
effects on the community at large - will be devastating.
We therefore support Mr. Amos and Mr. Perla in their efforts and we urge you to
consider carefully the merits of their proposal. The Arts Council will make
every effort to work with you in the coming months to find solutions to
maintain the health of Western New York's rich cultural life.
Again, thank you for your attention to this matter. We will stay in touch with
you regarding this important issue.
RECEIVED AND FILED.
No. 77
BRENDA V. EASLEY
Complaints of conditions in LaSalle Park
I wish to inquire about the status of sewer work being done at
LaSalle Park. The main road (near the water) into the park has been blocked to
traffic for almost three years now. And, more recently I have noticed there
are no longer boat launching or concession facilities available.
As an advocate for youth, families, and the poor, I would hate to see another
summer pass without offering full utilization of LaSalle park to the "entire"
Buffalo community.
Proper facilities must be made available in order to encourage poor
neighborhood families to spend economical, quality time, with their children.
Also, as a recent homeowner on the West Side of Buffalo I enjoy evenings near
the water; however, I find this impossible with the limited parking available,
the long trek across the park, and, the deplorable condition of the one road
which is accessible.
When can I expect a resolution to these conditions?
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PARKS AND THE
BUFFALO SEWER AUTHORITY.
No. 78
JOAN K. BOZER
Hazardous Household Materials Collection Site
Erie County Environment and Planning provides one day each year
when hazardous household chemicals can be taken to a central location in the
county from which they will be disposed of in an appropriate manner. Since
this location has always been in the suburbs, and since so many city residents
have difficulty accessing the site, it seems appropriate that a central
location in the City of Buffalo be designated as a convenience to the people.
I have been informed that special criteria need to be used in identifying a
proper collection site for household hazardous chemicals. I would appreciate
it if the Common Council could take up this issue, perhaps with advice from the
Environment Management Council and in consultation with Richard Tobe,
Commissioner of Environment and Planning, and identify a central site for this
project in the City of Buffalo that would be as convenient as possible for all
citizens. We need to prevent, as much as possible, the dumping of these
chemicals into our sewers.
I look forward to hearing from you on this issue.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT
COMMISSION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 79
GETHSEMANE MISSIONARY BAPTIST CHURCH
Payment for Cutting Grass on City Lots
the Gethsemane Baptist Church is presenting this bill to the city
of buffalo fob $150.00 For cutting the grass on these city lots:
42 Grape st.
46 Grape st.
These lots were cut on May 2, 1992 and the other on May 23, 1992.
Thank you for your immediate payment.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 80
THE ZOO
Request Approval- Increase in Admission Fees
The Zoological Society of Buffalo, Inc. is requesting approval
from the Common Council to increase the price of the Buffalo Zoo's admission
fee and parking fee. The Board's resolution for the proposed rates are listed
below:
Current Proposed
Adult (17 & over) $3.00 Adult (17 & over) $5.00
Senior Citizen Free Senior Citizen $4.00
11 - 16 years $1.00 3 - 16 years $3.00
4 - 10 years $ .50 2 years & under Free
Under 4 Free
Parking $2.00 Parking $3.00
Due to the decline in government funding, the Zoo is forced to look for ways of
increasing self-generated revenues, but keep the zoo affordable. The Board
feels this admission increase is in line compared to other zoos and area
cultural institutions and will keep the Zoo affordable to area residents.
Thank you for your attention in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
PETITIONS
No. 81
RCR Yachts, Inc., owner, petition to use 14 Michigan South for a one (1) story
metal building for boat storage.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 82
E. Statler & O. - Favor Use of Tosh Collins Community Center for WIC Program.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER
OF PARKS.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 83
Notices Of Appointments (C.Clerk)
(Item # 87 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 84
ORDINANCE AMENDMENT CHAPTER 387 SIGNS, OF CHAPTER 175 - FEES
(ITEM NO. 126, C.C.P. MAR 17, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 85
Ordinance Amendment/Signs (Assmt)
(Item # 19 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Penn Advertising/Ordinance Amendment/Signs
(Item # 96 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Ordinance Amendment Chapter 175 Fees (Chapter 103)
Item No. 209, C.C.P., April 14, 1992
Item No. 124, C.C.P., April 28, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 209, dated April
14, 1992, be and the same hereby is approved.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
ZUCHLEWSKI- 9
NOES- ARTHUR, COPPOLA, PITTS- 3.
No. 88
Ordinance Amendment Chapter 133 - City Property
(Item No. 177, C.C.P., April 14, 1992)
That the Ordinance Amendment as contained in Item No. 163, C.C.P.,
March 3, 1992, be and the same hereby is approved.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 89
Ordinance Amendment Chapter 294 - Nuisance Abatement
(Item No. 179, C.C.P., April 14, 1992)
That the Ordinance Amendment as contained in Item No. 167, C.C.P.
March 3, 1992, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 90
Ordinance Amendment Chapter 511 - Zoning
(Item No. 142, C.C.P., March 31, 1992)
That the Ordinance Amendment as contained in Item No. 168, C.C.P.,
March 3, 1992, be and the same hereby is approved.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 91
Penn Advertising/Oppose Fee/Non-accessory Signs
(Item # 97 CCP Mar 31 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 92
F. Vespe/Favors Fees Non-accessory Signs(# 87 3/3)
(Item # 143 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
F. Vespe/Refute Penn Advertising Claims
(Item # 100 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
M. Higgins/Support Fees Non-accessory Signs
(Item # 83 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Teratogen Service/Supports Fees Non-accessory signs
(Item # 92 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
EPIC/Favors Fees/Non-accessory Signs
(Item # 90 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Amendment/Non-accessory Signs (CPBD)
(Item # 8 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Amendment/Non-accessory signs (CPBD)
(Item # 9 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Amendment/Non-accessory Signs (CPBD)
(Item # 10 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Ordinance Amendment/Ice Rink Fees (Parks)
(Item # 38 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Increase Fees For Various Permits (PW)
(Item # 36 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Increase Fees/Various Permits (CC)
(Item # 68 CCP Apr 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Fiscal Independence/Board Of Education (A&F)
(Item # 75 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Fiscal Independence/Board of Education (Bd. Ed.)
(Item # 82 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Increased Appropriation New York State Revenue
Debt Service & Related Charges
Item No. 195, C.C.P., May 12, 1992
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 - General City Charges be and the same is hereby increased in the
sum of $5,420,657; and
That the Comptroller be and hereby is authorized and directed to increase
the revenue estimate of account as set forth in the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 106
Increased Appropriation Reserved Fund Balance Appropriation Allotments Division
of Inventory & Stores
Item No. 228, C.C.P., May 12, 1992
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 Inventory & Stores be and the same is hereby increased
in the sum of $13,000; and
That the Comptroller be and hereby is authorized and directed to transfer
the sum of $13,000 from 100-890-050 - Reserved Fund Balance for Capital Budget
Appropriations to meet this increased appropriation as set forth in the above
communication.
PASSED.
AYES- 12 NOES- 0.
No. 107
Increased Appropriation Retained Earnings - Appropriation Allotments-Enterprise
Fund-Stadium & Auditorium
Item No. 150, C.C.P., May 26, 1992
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Enterprise Fund -Stadium & Auditorium be and the same is hereby
increased in the sum of $7,500; and
That the Comptroller be and hereby is authorized and directed to transfer
the sum of $7,500 from 430-890-000 - Retained Earnings to meet this increased
appropriation as set forth in the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 108
1415 Fillmore Avenue
(Item No. 98, C.C.P., 5/26/92)
That the Mayor be and he hereby is authorized and directed to
convey title to the premises at 1415 Fillmore Avenue to the Odessy Club of
Buffalo upon the payment of the sum of $1.00 and upon the express condition
that the premises shall be used solely for the purpose of maintaining a drug
and alcohol free environment for the benefit of recovering alcoholics.
PASSED.
AYES- 12 NOES- 0.
No. 109
Damage To 1415 Fillmore (Compt)
(Item # 23 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Bennett Beach/Appraisal Reports (Compt)
(Item # 26 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Western New York Communications. Inc. Agreement
(Item No. 58, C.C.P., 5/26/92)
That the Customer Owned Currency Operated Telephone Agreement
dated May 5, 1992 between Western New York Communications, Inc. and the City of
Buffalo ("Agreement") be and it hereby is approved in the form as submitted to
the Common Council by the Corporation Counsel, and the Mayor be and he hereby
is authorized to execute the Agreement on behalf of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 112
Sale Of Surplus Furniture/Equipment (GS)
(Item # 73 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Surplus Equipment Auction- Department of Fire
(Item No. 74, C.C.P., 5/26/92)
That the sealed auction bids held By the Commissioner of General
Services on May 13, 1992 for certain surplus equipment of the Department of
Fire as specified in the communication from the Commissioner, be and they
hereby are approved, and the Commissioner be and he hereby is authorized to
dispose of such equipment accordingly.
PASSED.
AYES- 12 NOES- 0.
No. 114
Permission to Hire Consultant for Gateway Tunnel
(Item No. 29, C.C.P., 5/12/92)
That the Commissioner of Public Works be and he hereby authorized
to enter into a contract with a consultant to provide a supplemental
investigation for plans and specifications for the Gateway Tunnel Feasibility
Study, and that the cost of such contract shall not exceed the amount available
therefor in Account No. 200-401-059-00-000.
PASSED.
AYES- 12 NOES- 0.
No. 115
Abate Grass Cutting Charges - 176 Guilford
(Item No. 91, C.C.P., 4/28/92)
That the grass cutting charge for 176 Guilford Street in the amount
of $50.00 be and it hereby is abated and canceled, and that the City Clerk
shall send notice of such abatement and cancellation to the Department of
Assessment, the Department of Streets and Sanitation, the owner of 176 Guilford
Street, and any collection agency retained to collect such charge.
PASSED.
AYES- 12 NOES- 0.
No. 116
M. Simon/Cancel Grass Cutting Charges/176 Guilford
(Item # 100 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Grass Cutting Charges/176 Guilford (Assmt)
(Item # 25 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Prostetics By Nelson/Payment For Services/Police Officer
(Item # 97 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
M. Derenda/Request For Payment For Medical Bill (Pol)
(Item # 48 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Medical Expenses for Last fiscal Year (Pol)
(Item # 49 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Medical Expenses For Past Fiscal Years (Fire)
(Item # 55 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 122
Beaufort Willeern, Petition To Use 185-187 Allen Street For An Outdoor Patio
(Item No. 93, C.C.P. May 26, 1992)
That after a public hearing before the Committee on Legislation
on June 2, 1992, the petition of Beaufort Willeern for permission to place an
outdoor patio in the rear of 185-187 Allen Street on private property adjacent
to an existing sit-in restaurant at 99 Elmwood Avenue be and hereby is granted,
subject to the following conditions:
1. That the patio be closed by 11:00 P.M. daily;
2. That no music be played in the patio area; and
3. That no trash receptacles be placed in the patio area.
PASSED.
AYES- 12 NOES- 0.
No. 123
M. Devine/Oppose Abandonment/Sale Of Seattle St.
(Item # 129 CCP Apr 14, 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,
PITTS, ZUCHLEWSKI- 11
NOES- FAHEY- 1.
No. 124
Restaurant/Dancing Class IV License 1239 Niagara Street
(Item No. 39, C.C.P., May 12, 1992)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class IV License to Susan J. Blackley, d/b/a as Images Cafe,
Inc., 1239 Niagara Street, and the same be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 125
1389 Delaware Avenue Requests
Permission To Install Sidewalk Cafe
(Item No. 42, C.C.P., May 26, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. David Mulhern, acting as agent for the Locker
Room Restaurant, 1389 Delaware Avenue, to install a sidewalk cafe which would
encroach city right-of-way at said address, subject to the conditions set by
the Department of Public Works in the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 126
1209 Hertel Avenue Requests Permission To Install Awning
(Item No. 44, C.C.P., May 26, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Stephen Gay, owner of the Buffalo Hardwood
Floor Center, 1209 Hertel Avenue, to install an awning which would encroach
city right-of-way at said address, subject to the conditions set by the
Department of Public Works in the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 127
28 Wasson Street Permission To Construct A Loading Dock
(Item No. 46, C.C.P., May 26, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Ronald Mabry, President of Flexo Transparent,
Inc., 28 Wasson Street, to construct a loading dock which would encroach city
right-of-way at said address, subject to the conditions set by the Department
of Public Works in the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 128
Veto Message - Nicholas Cosentino Vernon Triangle Park
(Item No. 1, C.C.P., May 12, 1992)
That the Mayor's Veto as contained in Item No. 1, C.C.P., May
12, 1992 be and the same is hereby overridden.
REPASSED.
AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS,
ZUCHLEWSKI- 9
NOES- ARTHUR, BELL, COLLINS- 3.
No. 129
Information/Veto Sale Of Vernon Triangle Park (CC)
(Item # 63 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 130
Sale Of Vernon Triangle Park (CC)
(Item # 64 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI- 11
NOES- ARTHUR- 1.
No. 131
Ordinance Amendment Chapter 316 Peddling And Soliciting
(Item No. 163, C.C.P. May 26, 1992)
That the Ordinance Amendment as contained in Item No. 163, C.C.P.,
May 26, 1992, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 132
Ordinance Amendment/Ch 316/Peddling
(Item # 241 CCP May 12,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Lead Agency Designation/Waterfront Program (CC)
(Item # 65 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Jurisdiction/Bennett Beach (BSA)
(Item # 72 CCP Oct 1 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Ordinance Request/Use Of City Vehicles
(Item # 135 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Operators Of City Vehicles (GS)
(Item # 136 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Audit Of City Vehicles (Compt)
(Item #139 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Vehicle Assignments (Compt)
(Item # 21 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Vehicle Assignments (Parks)
(Item # 46 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Vehicle Assignments (Police)
(Item # 48 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Vehicle Assignments (Fire)
(Item # 51 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Vehicle Assignments (STS)
(Item # 62 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Vehicle Assignments (A&F)
(Item # 70 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Vehicle Assignments (GS)
(Item # 73 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Vehicle Assignments (ICR)
(Item # 52 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Vehicle Assignments (C.Clerk)
(Item # 63 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Vehicle Assignments (PW)
(Item # 43 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Response To Audit & Vehicle Inquiries (GS)
(Item # 62 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed
ADOPTED.
No. 149
Inability Of BSA To Loan Surplus Funds (Compt)
(Item # 17 CCP Jun 11,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
North Buffalo Sewers (BSA)
(Item # 71 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Interim Financial report (BSA)
(Item # 65 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
A. Bieloski/Oppose Closing Of Engine # 28
(Item # 94 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Urban Initiatives Proposal Inner City Neighborhoods
(Item # 78 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Appointment Of Member Of The Buffalo Sewer Authority
Item No. 149 C.C.P., MAR. 31, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 155
H. Mellan/Water Board Creation
(Item # 93 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
H. Mellan/Hearing Request on Fiscal Matters
Item # 94, CCP, May 12, 1992
That the above mentioned item be and the same is hereby is received and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 157
Amendment to the Community Wide Urban Renewal
Homestead Program
(Item No. 49, C.C.P., April 28, 1992)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on June 9, 1992, at 2:00 P.M., and that notice
of same has been properly published in the Buffalo News, and a copy of same is
attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Bell the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances: None
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Bell moved that the communications be received and filed; and
Amendment to the Community Wide Urban Renewal Homestead Program
WHEREAS, the Urban Renewal Plan for the Community Wide Urban Renewal
Homestead Program, approved September 18, 1984, C.C.P. No. 279 and subsequently
amended, has a twenty (20) year duration; and
WHEREAS, under Section E of said plan, additional supplements for housing
projects are permitted; and
WHEREAS, the last plan amendment, which included a supplement for several
hundred city-owned parcels targeted for residential development, was approved
on May 27, 1991, C.C.P. No. 177 and;
WHEREAS, the Department of Inspections and Community Revitalization, are
proposing to develop approximately one hundred twenty-eight (128) housing units
throughout the city; and
WHEREAS, the City Planning Board, after the required public hearing on
April 21, 1992, gave its unqualified approval to the plan amendment; and
WHEREAS, the Housing Act of 1949, as amended and Article 15 of the
General Municipal Law require that the Urban Renewal Plan Amendment be approved
only after a public hearing on due notice.
WHEREAS, the Common Council has the power to amend or extend this Plan
pursuant to -Section VII (p. 33), "Procedure for Changes in the Approved Urban
Renewal Plan"; and
WHEREAS, a public hearing was held by the Common Council NOW, THEREFORE,
BE IT RESOLVED:
1. That the Amendment to the Community-Wide Urban Renewal Homestead
Program is hereby amended in accordance with the recommendations of the City
Planning Board.
2. That the Urban Renewal Plan, as amended, and herein made a part of
these proceedings, has been duly reviewed and conforms to the comprehensive
plan for the development of the municipality and community as a whole and is
hereby approved.
3. That the Mayor is hereby authorized to execute any and all deeds or
other documents necessary to convey lands in the project area to the Buffalo
Urban Renewal Agency upon approval of said deed or deeds or other documents as
approved by the Corporation Counsel.
PASSED.
AYES- 12 NOES- 0.
No. 158
Community Wide Urban Renewal
Homestead Program Plan Amendment
Item No. 47, C.C.P., Apr. 28, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That "Department of Community Development Community Wide Urban Renewal
Homestead Program Plan Amendment" is an unlisted action as defined in 6 NYCRR
Part 617.2. The Common Council has approval power over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment form (EAF)
on this item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part II); 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. 159
Community Wide UR Homestead Plan Amendment (CPBD)
(Item # 11 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Jefferson CURA/Major Plan Change
(Item 169 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
EAF/Jefferson CURA Plan Amendment (CD)
(Item # 170 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Jefferson CURA Plan Amendment (CPBD)
(Item # 171 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Local Waterfront Revitalization Program
State Environmental Quality Review Act (SEQR)
(Item No. 234 C.C.P., May 12, 1992)
That the Common Council of the City of Buffalo, New York, hereby
resolves that it designates itself as the Lead SEQR Agency for the proposed
action, i.e., the Local Waterfront Revitalization Program and
That the City Clerk be and hereby is authorized to send a letter to the
Department of State, enclosing therewith the preliminary Generic Environmental
Impact Statement (GElS), and a certified copy of this committee report. Said
letter shall advise the Department of State of the desire and intention of this
Common Council to act as the Lead SEQR Agency for the proposed action and shall
advise the Department of State that unless this Common Council receives a
communication from said Department challenging or objecting to such lead agency
status of the Common Council of the City of Buffalo within thirty (30) days of
the date such letter was mailed, then, this Common Council shall act as the
Lead Agency for the Local Waterfront Revitalization Program.
PASSED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
ZUCHLEWSKI- 9.
NOES- ARTHUR, COLLINS, PITTS- 3.
No. 164
BEDC/1992-93 Budget
(Item 89, CCP, May 26, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 165
BY:MR. AMOS
LAW AND "ORDER"
WHEREAS: The laws of this land were designed to create an atmosphere
of order. They were also designed to provide a gauge by which to determine if
we, as citizens, have gone against the conscience or desire to the larger
society; and
WHEREAS: On Friday May 22, 1992 Supreme Court Justice Joseph R. Glowina
ordered the Commissioner of Fire, Paul Shanks and the City of Buffalo not to
close any Firehouses until the June 23, 1992 hearing on objections to be
presented by the Buffalo Firefighter Union; and
WHEREAS: Commissioner Paul Shanks has blatantly disregarded the order of one
of the states highest courts and one of the most honorable justices that sits
on that court, and has seriously disregarded the safety of the citizens of the
city of Buffalo.
NOW THEREFORE BE IT RESOLVED:
That in the best interest of the citizens of Buffalo, the Buffalo Common
Council call for the resignation of Commissioner Paul Shanks and if the
Commissioner fails to do so voluntarily, that the Mayor dismiss him.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE AND THE
CORPORATION COUNSEL.
No. 166
BY: MR. AMOS
APPOINTMENT OF LEGISLATIVE ASSISTANT
WHEREAS: The position for Legislative Assistant to the Common Council
is to be filled, my recommendation is Corine Parks of 362 East Utica Street,
Buffalo, New York.
NOW, THEREFORE, BE IT RESOLVED
That this Common Council appoint Corine Parks to the Legislative Assistant
Position as of June 1, 1992
ADOPTED.
No. 167
BY: MESSRS. AMOS & PERLA
ADDITIONAL FUNDING FOR GRANT-IN-AID AGENCIES
WHEREAS: The City of Buffalo's 1992-93 budget includes funding
for cultural and human service grant-in-aid agencies at a total amount of
$700,868, equal to 25 percent of last year's allocation for those groups; and
WHEREAS: While the city's recent fiscal problems resulted in cuts in the
range of 10 to 15 percent for most city departments, grant-in-aid agencies were
suffered a nearly 75 percent reduction from last year's budget; and
WHEREAS: These agencies play a very significant role in maintaining the
quality of the life In this city in a variety of ways, and any reduction In
service would have a devastating Impact upon the cultural, economic and social
fabric of this community; and
WHEREAS: For these agencies to make up for this unanticipated and dramatic
loss of income it would be necessary for them to increase fees paid by the
public, curtail programming, reduce the number of free activities, and/or lay
off employees; and
WHEREAS: Some grant-In-aid agencies are already planning significant
increases in their admission fees, which would result in the inability of many
members of this community, particularly the poor and elderly, to enjoy these
local treasures; and
WHEREAS: Increased fees could also reduce overall attendance and seriously
hamper the future financial viability of these agencies; and
WHEREAS: The revenue-generating actions taken In the 1992-93 budget have
established a firm financial base for the city, especially since $3.6 million
of the $4.6 million anticipated from the sale of the water system has been
placed in a reserve account; and
WHEREAS: The city has also embarked on a number of efforts to make its
operation more efficient, and to recover the cost of providing various
specialized services; and
WHEREAS: Using these Innovative methods to enhance the municipal
corporation's fiscal well-being, the city should realize a substantial Increase
In revenue as well as a reduction In expenditures; and
WHEREAS: An additional $624,770 would be needed to increase funding for
cultural and human service grant-in-aid agencies to 50 percent of the
allocation each one received in the 1991-92 budget; and
WHEREAS: Providing this funding would not only be a more fair and equitable
way to deal with these agencies, but It would also have a long-term positive
impact on the City of Buffalo.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council hereby supports Increasing funding for cultural and
human service grant-in-aid agencies in fiscal 1992-93 up to 50 percent of the
allocations they received in the 1991-92 budget; and
BE IT FURTHER RESOLVED:
That, by December 3, 1992, the City Comptroller submit to this Honorable Body a
current report on the status of City of Buffalo 1992-93 actual and anticipated
revenues and expenditures as well as cash flow forecasts, and verify the
availability of funds for this purpose; and
BE IT FURTHER RESOLVED:
If the Comptroller's report to this Honorable Body indicates that the City of
Buffalo will have the fiscal ability to restore funding for cultural and human
service agencies and still balance the city budget for fiscal 92-93, that the
Mayor and Comptroller be requested to initiate a transfer of funds from the
appropriate city account for this purpose by December 31, 1992.
LOST.
AYES- AMOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, PITTS- 6.
NOES- ARTHUR, BAKOS, BELL, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6.
No. 168
BY: MR. ARTHUR
TRADE ENHANCEMENT ACT OF 1992
WHEREAS: U.S. industry and our jobs are being threatened daily
by unfair trading practices, particularly with Japan, one of our leading
trading partners; and
WHEREAS: Over the last 10 years, Japan has shipped and sold 400 billion
dollars more in products and services to the U.S. than it has bought from us.
Thousands of Americans are losing their jobs as Japanese-made products flood
our market while Japan keeps out many of the products made by American workers;
and
WHEREAS: Trade has to be a two-way street. If Japan sells products to
American consumers, then American companies should have the right to sell Japan
the products we make, thus, benefiting American workers, but that's not
happening. Last year alone, America's trade deficit with Japan was $42 billion.
Particularly hard hit have been the auto and parts industries--together they
account for three- fourths of the trade deficit; and
WHEREAS: An important factor in this equation is that American workers make
high quality motor vehicles. Indeed, recent studies show that the number of
defects in domestically-produced cars and Japanese-made cars are virtually
equivalent. And Japanese officials have recently admitted that U.S. workers
also make high quality auto parts, so there should not be the disparity in
trade balance that exists; and
WHEREAS: Congress has before it a Law (H.R. 4100 and 5.2145), the Trade
Enhancement Act of 1992, which would restore a healthy trade relationship
between the U.S. and Japan. The Trade Enhancement Act of 1992 would require
Japan to "rachet" down its $42 billion trade surplus with the U.S. by 20% a
year for five years. Three-fourths of Japan's trade surplus is in autos, it
would have to cut its exports of motor vehicles to the U.S. and/or increase its
imports of U.S. built autos and parts to meet the above mentioned targets; and
WHEREAS: The European Community has already negotiated an arrangement with
Japan under which Japanese auto companies will be limited to 16% of the
European motor vehicle market (including Japanese imports and Japanese
transplant production in Europe). The proposed Trade Enhancement Act of 1992,
does not limit anyone's choice of vehicles as Japanese companies would continue
to sell the same number of cars here, as long as they actually build these
vehicles and their parts in this country.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Common Council of City of Buffalo, does hereby go on record as being
supportive of the Trade Enhancement Act of 1992; and
BE IT FURTHER RESOLVED THAT:
That this Honorable Body memorializes the Congress of the United States to take
appropriate action to adopt the Trade Enhancement Act of 1992; and
BE IT FINALLY RESOLVED THAT:
The City Clerk be directed to forward certified copies of this resolution to
the Clerks of the Senate and House of Representatives of the United States and
to Senators' Daniel Patrick Moynihan and Alphonse D'Amato and to Congressmen
Henry J. Nowak, John J. LaFalce and William Paxon.
ADOPTED.
No. 169
BY: MR. ARTHUR
REQUIRE NOTIFICATION FROM CIVIL
SERVICE COMMISSION FOR REQUESTED
CHANGES IN QUALIFICATIONS
WHEREAS: The Municipal Civil Service Commission has the authority
and sole discretion to adopt the specifications for the qualifications of civil
service jobs; and
WHEREAS: Changes in the specifications may be requested by the department in
which the job is located or be Initiated by the Commission Itself; and
WHEREAS: Notification of the changes must be made to the New York State
Civil Service Commission; and
WHEREAS: At present, no provisions exist requiring notification of changes
to the Common Council;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the Corporation Counsel prepare an
appropriate Ordinance Amendment requiring that the Council be notified of any
proposed changes in qualifications or classification for any position in the
service of a civil division, whether new or existing; and
BE IT FURTHER RESOLVED:
That the notification to the Council include a statement of the duties of the
position, what the proposed changes are, the rationale for the changes, and the
effective date of the changes.
ADOPTED.
No. 170
BY: MR. ARTHUR
REQUEST TO WAIVE RENTAL FEES
WHEREAS: The Greater Buffalo Athletic Corporation (World University
Games) will need the City of Buffalo's cooperation and assistance in staging
its 1993 World Games; and
WHEREAS: In 1989, this Common Council not only pledged it's support for the
games, but encouraged the support of all units of Government, the Federal,
State and County, to join with the City and commit their energies and financial
support to assist; and
WHEREAS: The Greater Buffalo Athletic Corporation now needs to utilize Pilot
Field, Memorial Auditorium and several high schools in the City (Emerson,
Bennett and McKinley) for training; and
WHEREAS: The Games Committee has requested that the City of Buffalo waive
its rental costs for those facilities, which are vital to operations of the
Games. The dates for the venues would be Pilot Field (if available) for
baseball, July 9 to July 17, 1993, Memorial Auditorium for basketball from June
21 to July 19, 1993. For these dates the Games Committee is asking for
exclusive use. The Games Committee understands that they must assume all
incremental costs for the venues such as labor, etc.
NOW, THEREFORE, BE IT RESOLVED THAT:
This Common Council goes on record in favor of the Greater Buffalo Athletic
Corporation using the facilities that they have requested with the rental fees
waived; and
BE IT FURTHER RESOLVED:
That the Stadium and Auditorium Board be directed to waive the rental fee and
fashion an arrangement based on the practicality of their needs with the World
University Games Organization, (the Greater Buffalo Athletic Corporation).
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 171
BY: MR. BAKOS
DOUBLE TAXATION FOR REGIONAL ARTS AND CULTURAL AGENCIES
WHEREAS: The City of Buffalo in 1992 represents 1/3 of the poorest
people in Erie County! and
WHEREAS: The City of Buffalo residents, as poor as they are, pay their
equitable share of Erie County Taxes, and
WHEREAS: 50 years ago, when the City of Buffalo represented 2/3 of the
"wealthiest" people in Erie County, it mattered little whether a "regional
asset" was funded by the County or the City because they were basically the
same, and
WHEREAS: Over the past 50 years the City of Buffalo has lost much of its tax
base while, at the same time, many of our wealthier residents have abandoned
the City of Buffalo and fled to the suburbs, and
WHEREAS: Over the past 50 years the City of Buffalo has continually
supported additional funding, beyond our County tax contributions, to support
the regional arts and cultural agencies, and
WHEREAS: At this time of fiscal crises it is absolutely insane to continue
to ask the City of Buffalo taxpayers to pay a disproportionate amount of money
to fund the regional arts and cultural agencies, and
WHEREAS: No other municipality in Erie County has seen fit to subject their
taxpayers to additional funding, beyond the County of Erie's contribution for
regional arts and cultural agencies, and
WHEREAS: The City of Buffalo taxpayer can no longer carry the yoke of unfair
"double taxation." and
WHEREAS: It is essential that regional arts and cultural agencies such as
the Philharmonic, the Albright Knox Art Gallery, the Burchfield Art Gallery,
the Buffalo and Erie County Historical Society etc., receive some supporting
public dollars, and
WHEREAS: These entities add to the positive image of Buffalo and Western New
York, and
WHEREAS: These cultural assets are a "drawing card" when employers are
looking for new business locations, and
WHEREAS: The 1977 sales tax agreement stipulated that 11.4% of the sales tax
revenues would be used to support Library, cultural agencies, and public
benefit agencies, and
WHEREAS: The County's present contribution is $6.1 million less than agreed
upon, and
WHEREAS: The Greater Buffalo Development Foundation/Chamber of Commerce City
Budget Task Force has indicated that the 92/93 City Budget has a $53 million
dollar short-fall and further, they predicted a 93/94 short-fall of $69
million,
NOW, THEREFORE BE IT RESOLVED:
That we, as Erie County taxpayers, request the County of Erie to amply fund the
cultural assets of this community and that copies of this resolution be sent to
the County of Erie, all regional cultural agencies and all Erie County
municipalities.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, ZUCHLEWSKI- 11.
NOES- PITTS- 1.
No. 172
BY: MR. BAKOS
RENAME A PORTION OF BAILEY AVENUE
WHEREAS: The portion of old Bailey Avenue known as "Access Road"
which is west of Bailey Avenue, north of the Thruway crossover and north of
Seneca Street is no longer part of the Bailey Avenue thoroughfare; and
WHEREAS: This situation is causing confusion as to the proper street address
for properties fronting on this street; and
WHEREAS: Buffalo China Company is located in this area and employs many
area residents, and it would be appropriate to name this portion of Bailey
Avenue in honor of this old Buffalo company;
NOW, THEREFORE, BE IT RESOLVED:
That this Honorable Body hereby approves the change of name of that portion of
Bailey Avenue, now temporarily known as "Access Road", which is west of Bailey
Avenue and north of the Thruway crossover and north of Seneca Street, to now be
formally designated and renamed as "Buffalo China Road".
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is directed to prepare and submit to this
Honorable Body for its consideration a notice of intention to change the name
of the above described portion of Bailey Avenue to Buffalo China Road, pursuant
to Chapter 286, Section 286-3 of the Buffalo Code, and to schedule a public
hearing pursuant to the same section.
ADOPTED.
No. 173
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS
GENERAL FUND - MISCELLANEOUS CHARGES VARIOUS DEPARTMENTS
That, pursuant to Section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,027,469 be and the same is hereby transferred from various accounts in
Appropriation Allotments General Fund - Various Departments and said sum is
hereby reappropriated as set forth below:
From:
100 General Fund
03-0 Mayor & Executive Department
001 - Executive
Personal Services
110 - Salaries - Regular $12,000
03-5 Mayor's Office for Sr. Citizens
011 - Recreation Program for the Elderly
Personal Services
110 - Salaries - Regular 29,000
04-0 Department of Audit & Control
001 - Comptroller
Personal Services
110 - Salaries - Regular 25,000
04-3 Division of Real Estate
002 - In Rem
Purchase of Services
583 - Unclassified 6,660
05-0 Civil Service Commission
001 - Administrative & Advisory
Personal Services
110 - Salaries - Regular 54,000
114 - Overtime Pay 3,000
06-1 Division of Budget & Management
002 - Financial Control of Agencies
Personal Services
110 - Salaries - Regular 13,000
06-3 Division of Labor Relations
001 - Labor Relations
Personal Services
110 - Salaries - Regular 30,000
06-4 Parking Enforcement
022 - Parking Violations Bureau
Personal Services
110-Salaries-Regular 1,000
10-4 Division of Inventory & Stores
001 - Inventory Management
Personal Services
114 - Overtime Pay 8,000
21-0 Department of Fire
011 - Fire Fighting Services
Personal Services
110 - Salaries - Regular 201,000
021 - Administrative Services
Personal Services
110 - Salaries - Regular 48,000
023 - Fire Alarm & Telegraph Systems
Personal Services
114 - Overtime Pay 1,000
121 -Acting Time 1,000
032 - Servicing Automotive Equipment
Personal Services
110-Salaries-Regular 1,000
114 - Overtime Pay 1,000
24-1 Division of Housing & Property Inspections
011 - Inspection & Enforcement
Personal Services
110 - Salaries - Regular 56,000
24-2 Division of Community Revitalization
021 - Community Revitalization
Personal Services
110 - Salaries - Regular 4,000
40-1 Division of Engineering
014 - Construction of Streets
Personal Services
110 - Salaries - Regular 7,000
114 - Overtime Pay 2,000
015 - Repair & Construction of Other Public Improvements
Personal Services
112 - Temporary Services 8,000
121 -Acting Time 1,000
40-2 Division of Buildings
011 - Inspection of Non-Public Plans & Structures
Personal Services
110 - Salaries - Regular 29,000
022 - Plan & Design of Public Buildings
Personal Services
110-Salaries-Regular 10,000
50-0 Department of Human Resources
004 - Advocacy Office for People with Handicapping Conditions
Personal Services
110 - Salaries - Regular 8,000
152 - Veterans Helping Veterans
Personal Services
110 - Salaries - Regular 13,000
50-7 Urban Affairs
001 - Urban Affairs
Personal Services
110-Salaries-Regular 11,000
60-0 Department of Parks
021 - Administrative Services
Personal Services
110 - Salaries - Regular 30,000
60-1 Division of Parks
011 - Park District Golf Courses & Gardens Personal Services
112 - Temporary Services 38,000
114 - Overtime Pay 8,000
60-2 Division of Recreation
011 - Recreational Facilities & Activities
Personal Services
112 - Temporary Services 56,000
70-0 Department of Street Sanitation
011 - Collection of Ashes, Garbage & Refuse
Personal Services
112 - Temporary Services 18,000
114 - Overtime Pay 200,809
121 - Acting Time 2,000
123 - Shift Differential 4,000
022 - Radio Control
Personal Services
114 - Overtime Pay 8,000
031 - Mechanical Services
Personal Services
110 - Salaries - Regular 4,000
71-0 Department of Community Development
001 - Executive
Personal Services
110-Salaries-Regular 4,000
81-2 Miscellaneous Charges
803 - Board of Elections 71,000
Total $1,027,469
To:
100 General Fund
01-0 Common Council
002 - Majority Leader
Personal Services
110-Salaries-Regular $2,030
004 - Legislation Committee Chairman
Personal Services
110-Salaries-Regular 1,828
03-1 Division of Vital Statistics
001 - Vital Statistics Personal Services
110-Salaries-Regular 1,399
04-1 Division of Audit
001 - Audit Services
Personal Services
110 - Salaries - Regular 2,307
04-2 Division of Accounting
001 - Accounting
Personal Services
110 - Salaries - Regular 23,750
06-1 Division of Budget & Management
001 - Administrative Services
Personal Services
110 - Salaries - Regular 315
06-4 Parking Enforcement
013 - Parking Meters & Enforcement
Personal Services
110 - Salaries - Regular 28,500
031 - Towing & Storage Operations
Purchase of Services
583 - Unclassified 18,500
06-5 Treasury
001 - Treasury
Personal Services
110 - Salaries - Regular 7,062
08-0 Department of Law
001 - Corporation Counsel
Purchase of Services
572 - Legal Services 95,950
09-0 Department of Assessment
001 - Assessment
Personal Services
110 - Salaries - Regular 5,000
10-0 Department of General Services
Personal Services
110-Salaries-Regular 130
10-1 Division of Purchase
Personal Services
110 - Salaries - Regular 555
20-1 Office of the Police Commissioner
002 - Office of Professional Standards
Personal Services
110 - Salaries - Regular 25,300
122 - Reporting Time 860
003 - Office of Public Affairs
Personal Services
110 - Salaries - Regular 48,534
114 - Overtime Pay 5,100
115 - Holiday Pay 545
122 - Reporting Time 5,500
20-2 Bureau of Special Services
001 - Administration & intelligence
Personal Services
110 - Salaries - Regular 36,300
115 - Holiday Pay 320
120 - Court Time 5,000
121 - Acting Time 230
122 - Reporting Time 5,500
002 - Tactical Division
Personal Services
110 - Salaries - Regular 70,700
003 - investigations Division
Personal Services
110 - Salaries - Regular 94,300
114 - Overtime Pay 52,000
122 - Reporting Time 1,200
20-3 Bureau of Field Services
001 - Administration & Analysis
Personal Services
110 - Salaries - Regular 3,500
122 - Reporting Time 500
002 - Patrol Services
Personal Services
120 - Court Time 9,953
122 - Reporting Time 40,600
20-4 Bureau of Administrative Services
001 - Administrative
Purchase of Services
571 - Medical Services 100,000
003 - Building & Fleet Maintenance
Personal Services
110-Salaries-Regular 14,000
122 - Reporting Time 700
004 - Communication & Records
Personal Services
110 - Salaries - Regular 152,000
114 - Overtime Pay 11,000
115 - Holiday Pay 2,000
121 - Acting Time 500
21-0 Department of Fire
012 - Fire Prevention Services
Personal Services
110 - Salaries - Regular 10,000
124 - Meal Time Allowance 1,500
013 - Fire Boat Services
Personal Services
110 - Salaries - Regular 63,800
022 - Fire Defense & Training Services
Personal Services
110-Salaries-Regular 13,450
114 - Overtime Pay 1,000
124 - Meal Time Allowance 1,000
031 - Fire Headquarters & Stationhouse Maintenance
Personal Services
110 - Salaries - Regular 500
40-1 Division of Engineering
016 - Design & Planning of City Streets
Personal Services
110 - Salaries - Regular 2,000
021 - Administrative Services
Personal Services
110 - Salaries - Regular 1,600
40-2 Division of Buildings
013 - Licenses
Personal Services
110 - Salaries - Regular 7,601
021 - Administrative Services
Personal Services
110 - Salaries - Regular 600
031 - Operation & Maintenance of Public Buildings
Personal Services
110 - Salaries - Regular 32,000
115 - Holiday Pay 300
50-0 Department of Human Resources
002 - Administrative Services
Personal Services
125 - Longevity - Increments 200
003 - Contract Administration
Travel & Transportation
301 - Automobile Allowance 425
50-4 Division of Substance Abuse Services
012 - BMHA/HUD Substance Abuse Program
Personal Services
110 - Salaries - Regular 250
60-2 Division of Recreation
012 - NYS Youth Commission Program
Personal Services
114 - Overtime Pay 1,900
70-0 Department of Street Sanitation
012 - Vermin & Animal Control
Personal Services
110 - Salaries - Regular 7,000
032 - Servicing Automotive Equipment
Personal Services
110 - Salaries - Regular 8,640
71-1 Division of Planning
001 - Community Development Planning
Personal Services
110 - Salaries - Regular 235
TOTAL $1,027,469
PASSED.
AYES- 12 NOES- 0.
No. 174
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS CAPITAL PROJECTS FUND
DIVISION OF ENGINEERING
DIVISION OF DEVELOPMENT
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,377,232.20 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Divisions of Engineering and Development and said
sum is hereby reappropriated as set forth below:
FROM:
200 Capital Projects Fund
40-1- Division of Engineering
507-NYS Consolidated Highway Improv. Project $450,000.00
71-7- Division of Development
031- Walden Park Housing 927,232.20
Total $1,377,232.20
TO:
200 Capital Projects Fund
40-1- Division of Engineering
544- Walden Heights Subdivision $1,377,232.20
PASSED.
AYES- 12 NOES- 0.
No. 175
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
$7,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items - Water and said sum is hereby
reappropriated as set forth below:
From:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $7,000
To:
410 Enterprise Fund - Water
98-0 - Department of Water
015 - Distribution Systems
Purchase of Services
561 - Road & Highway Repairs $7,000
PASSED.
AYES 12 NOES- 0.
No. 176
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -
EXEMPT ITEMS - WATER CAPITAL PROJECTS FUND -
ENTERPRISE FUND
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
$40,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items - Water and said sum is hereby
reappropriated as set forth below:
FROM:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $40,000
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $40,000
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $40,000
TO:
415 Capital Projects Fund - Enterprise Fund
98-0- Division of Water
503 - Alum Sludge Treatment Facilities $40,000
PASSED.
AYES- 12 NOES- 0.
No. 177
BY: MR. COLLINS
BOND RESOLUTION $50,000 GENERAL IMPROVEMENT SERIAL BONDS
ACQUISITION OF LAND FOR SENECA/BABCOCK PARK
ACCOUNT 280-717-016
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $50,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE ACQUISITION OF LAND FOR THE SENECA/BABCOCK PARK, AT THE
ESTIMATED MAXIMUM COST OF $50,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Fifty Thousand Dollars ($50,000), 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 acquisition of land for the expansion of the Seneca/Babcock Park. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $50,000 as set forth in
the duly adopted Capital Improvements Budget, as amended, 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, "Seneca/Babcock Community Center and Park
Improvements 1991-92," Bond Authorization Account No. 280-717-016, 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 incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $50,000. 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. 21. (a) of the Local Finance Law, is
thirty (30) years.
(b) Current funds are not required 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 178
BY: MR. COLLINS
BOND RESOLUTION $54,000 SERIAL BONDS
DEVELOPMENT OF TOW PATH PARK AT THE END OF HERTEL AVENUE ACCOUNT 200-717-058
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $54,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF DEVELOPMENT OF TOW PATH PARK AT THE END OF HERTEL AVENUE,
AT THE ESTIMATED MAXIMUM COST OF $54,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Fifty-Four Thousand Dollars ($54,000), 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 development of a public park at the end of Hertel Avenue, including the
construction of a concrete promenade and parking area, installation of picnic
facilities and lighting, the extension of an existing riverwalk from Hertel
Avenue to Niagara River shoreline, and landscaping. 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 $54,000 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, "
Improvements to Tow Path Park 1991-92," Bond Authorization Account No.
200-717-058, 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 $54,000. 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 179
BY: MR. COLLINS
BOND RESOLUTION $100,000 SERIAL BONDS
THE REPLACEMENT OF TREES IN THE CITY ACCOUNT 200-717-010
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $100,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE REPLACEMENT OF TREES, IN THE CITY, AT THE ESTIMATED
MAXIMUM COST OF $100,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in-the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33 a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of replacement of trees in the City, including removal of diseased trees and
planting of replacement trees. 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 $100,000 as set forth in the duly adopted Capital
Improvements Budget, as amended, of said City for fiscal year 1991-1992.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and current funds, shall be deposited in the Capital Projects
Fund to the credit of the Department of Community Development, Division of
Development, "Citywide Tree Planting 1991-92", Bond Authorization Account No.
200-717-010, 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 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 amount of $100,000. 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. 57. (1st) of the Local Finance Law,
is five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 5 of the Law.
Section 5. Each of the bounds 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: JUN 9, 1992
LAID ON THE TABLE.
No. 180
BY: MR. COLLINS
BOND RESOLUTION $100,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENT AND EMBELLISHMENT OF SENECA/BABCOCK COMMUNITY CENTER AND PARK
ACCOUNT 200-717-016
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $100,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE IMPROVEMENT AND EMBELLISHMENT OF THE SENECA/BABCOCK
PARK, AT THE ESTIMATED MAXIMUM COST OF $100,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of improvement and embellishment of the Seneca/Babcock Park, including the
construction of two baseball diamonds, tennis court, volleyball court, the
restoration of equipment and grounds, and the construction of an addition to
the community center to provide for park facilities. 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 $100,000 as set forth in the
duly adopted Capital Improvements Budget, as amended, 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, "Seneca/Babcock Community Center and Park
Improvements 1991-92," Bond Authorization Account No. 280-717-016, 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 incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $100,000.
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 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 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: JUN 9,1992
LAID ON THE TABLE.
No. 181
BY: MR. COLLINS
BOND RESOLUTION $100,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENT AND EMBELLISHMENT OF MCCARTHY PARK AND KENFIELD/LANGFIELD/TOWER
PLAY AREAS IN THE CITY
ACCOUNT 200-717-023
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $100,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE IMPROVEMENT AND EMBELLISHMENT OF MCCARTHY PARK AND
KENFIELD/LANGFIELD/TOWER PLAY AREAS IN THE CITY, AT THE ESTIMATED MAXIMUM COST
OF $100,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of improvement and embellishment of parks and play areas in the University
District in the City, including McCarthy Park and Kenfield, Langfield and Tower
play areas, including the restoration of equipment and grounds. The estimated
maximum cost of said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $100,000 as set forth in
the duly adopted Capital Improvements Budget, as amended, 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 University District
Parks and Playgrounds 1991-92," Bond Authorization Account No. 200-717-023, 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 incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $100,000.
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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 182
BY: MR. COLLINS
BOND RESOLUTION $120,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENT AND EMBELLISHMENT OF ELLICOTT DISTRICT PLAYGROUNDS
ACCOUNT 200-717-025
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $120,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE IMPROVEMENT AND EMBELLISHMENT OF ELLICOTT DISTRICT
PLAYGROUNDS, AT THE ESTIMATED MAXIMUM COST OF $120,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Twenty Thousand Dollars ($120,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); to finance the
cost of the improvement and embellishment of Ellicott District playgrounds,
including the restoration of equipment and grounds at Johnson Park, the
construction of two additional basketball courts and a running track around the
perimeter of Johnson Playground, and installation of new playground equipment
and play area at Johnson Playground, and the construction of a playfield on an
existing vacant lot at William/Emslie Y.M.C.A. The estimated maximum cost of
said class of objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $120,000 as set forth in the duly adopted
Capital Improvements Budget, as amended, 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 Ellicott District
1991-92," Bond Authorization Account No. 200-717-025, 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 incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $120,000.
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 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 6f 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: JUN 9, 1992
LAID ON THE TABLE.
No. 183
BY: MR. COLLINS
BOND RESOLUTION $150,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENT AND EMBELLISHMENT OF LOVEJOY DISTRICT PARKS
ACCOUNT 200-717-017
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $150,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE IMPROVEMENT AND EMBELLISHMENT OF LOVEJOY DISTRICT
PARKS, AT THE ESTIMATED MAXIMUM COST OF $150,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); to finance the
cost of improvement and embellishment of Lovejoy District Parks, including the
restoration of equipment and grounds. The estimated maximum cost of said class
of objects or purposes for which the bonds authorized by this resolution are to
be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $150,000 as set forth in the duly adopted Capital
Improvements Budget, as amended, 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, "Acquisition, Construction,
Reconstruction of Lovejoy District Parks 1991/92," Bond Authorization Account
No. 200-717-017, 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 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 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 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 184
BY: MR. COLLINS
BOND RESOLUTION $235,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENT AND EMBELLISHMENT OF SOUTH AND FILLMORE DISTRICT PARKS ACCOUNT
200-717-005
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $235,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE IMPROVEMENT AND EMBELLISHMENT OF SOUTH AND FILLMORE
DISTRICT PARKS, AT THE ESTIMATED MAXIMUM COST OF $235,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Two Hundred Thirty-Five Thousand Dollars ($235,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the "Law"); to finance
the cost of improvement and embellishment of South and Fillmore District Parks,
including improvements to Cazenovia Park and Cazenovia Park Casino, and
improvements to grounds at Gus Franczyk Park, and the installation of a play
area, picnic area, and the replacement of fencing and gates at Lincoln
Playground. 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
$235,000 as set forth in the duly adopted Capital Improvements Budget, as
amended, 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 South & Fillmore
District Parks 1991-92," Bond Authorization Account No. 200-717-005, 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 incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $235,000.
This resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (1).
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 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 185
BY: MR. COLLINS
BOND RESOLUTION $300,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENT AND EMBELLISHMENT OF MASTEN DISTRICT PLAYGROUNDS
ACCOUNT 200-717-021
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 IMPROVEMENT AND EMBELLISHMENT OF MASTEN DISTRICT
PLAYGROUNDS, 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 improvement and embellishment of various playgrounds in the Masten District
of the City, including the restoration of equipment and grounds. The estimated
maximum cost of said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $300,000 as set forth in
the duly adopted Capital Improvements Budget, as amended, 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 Development,
Division of Development, "Improvements to Masten District Playgrounds 1991-92,"
Bond Authorization Account No. 200-717-021, 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 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 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 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 186
BY: MR. COLLINS
BOND RESOLUTION $346,000 GENERAL IMPROVEMENT SERIAL BONDS EXTENSION
OF SCAJAQUADA PATHWAY ACCOUNT 200-717-004
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $346,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE
APPLICATION OF $1,257,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW YORK
AND/OR THE COUNTY OF ERIE TO FINANCE THE COST OF THE CONSTRUCTION OF AN
EXTENSION OF SCAJAQUADA PATHWAY, AT THE ESTIMATED MAXIMUM COST OF $1,603,000.
(Account 200-717-004)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Three Hundred Forty-Six Thousand Dollars ($346,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the "Law"); and to
apply $1,257,000 expected to be received from the State of New York and/or the
County of Erie to finance the cost of the construction of an extension of
Scajaquada Pathway from Grant Street to Niagara Street along Scajaquada Creek.
The estimated maximum cost of said specific object or purpose for which the
bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $1,603,000 as
set forth in the duly adopted Capital Improvements Budget, as amended, 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, "Construction of Extension Scajaquada
Pathway 1991-1992," Bond Authorization Account No. 200-717-004, 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 incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $346,000.
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. 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
downpayment 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 187
BY: MR. COLLINS
BOND RESOLUTION $1,000,000 SERIAL BONDS IMPROVEMENTS TO WAR MEMORIAL
SITE
ACCOUNT 200-717-094
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $1,000,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY IN
ADDITION TO $6,600,000 SERIAL BONDS HERETOFORE AUTHORIZED, IN ADDITION TO
$350,000 CURRENT FUNDS HERETOFORE APPROPRIATED, TO FINANCE THE COST OF PARTIAL
RECONSTRUCTION OF WAR MEMORIAL AUDITORIUM, AT THE ESTIMATED MAXIMUM COST OF
$7,950,000.
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 Million Dollars ($1,000,000) in addition to $6,600,00 serial bonds
heretofore authorized, pursuant to the provisions of the Charter of said City
and the Local Finance Law (the "Law"), constituting Chapter 33-a of the
Consolidated Laws of the State of New York, in addition to the $350,000 current
funds heretofore appropriated; to finance the cost of partial reconstruction of
the War Memorial Stadium site, in the City, including the construction of an
athletic complex at said site. 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 $7,950,000 as set forth in the duly adopted Capital
Improvements Budget, as amended, 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, "Improvements
to War Memorial Site 1991-1992", Bond Authorization Account No. 200-717-094,
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 improvement for which serial bonds are herein
authorized, which costs are reasonably expected to be reimbursed with to
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in the amount of $1,000,000. 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 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 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 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: JUN 9, 1992
LAID ON THE TABLE.
No. 188
BY: MR. FAHEY
INSPECTION OF 467-469 TACOMA AVE.
Whereas: The property at 467-469 Tacoma Ave. is in an advanced
state of disrepair and has been for about ten years; and
Whereas: There is an abandoned car in the yard which has been there for three
years; and
Whereas: The residents of the neighborhood have been the unwilling recipients
of the ills of that property including rodents and other health menaces; and
Whereas: A 1987 court appearance has not alleviated the situation; and
Whereas: The residents have submitted a petition requesting renewed attempts to
resolve the problem.
Therefore Be It Resolved That: This body requests that the Department of
Inspections and Community Revitalization attempt to remedy this situation and
report back to this Council.
ADOPTED.
No. 189
BY: MR. FAHEY
DECLARING JUNE "LEAD POISONING
PREVENTION MONTH"
WHEREAS: Lead poisoning is a widespread and serious environmental
health problem in the city of Buffalo; and
WHEREAS: Lead poisoning can cause developmental and learning disabilities,
kidney damage, high blood pressure, birth defects, memory impairment and other
problems; and
WHEREAS: Lead is prevalent in the urban environment - from lead dust inside
homes caused by the natural deterioration and wear of leaded paints - to soils
contaminated by years of leaded gasoline exhaust, industrial and incinerator
emissions, and other sources; and
WHEREAS: Local community organizations have become aware of the lead
poisoning issue and are uniting to work for the abatement of lead hazards and
the prevention of lead poisoning; and
WHEREAS: The month of June will include focused efforts to promote lead
poisoning prevention efforts in our area; and
WHEREAS: These efforts will include a major day-long conference on lead
poisoning on June 26th at the Buffalo Convention Center, and a community
awareness kick-off event on June 9th at the University of Buffalo Head Start
Program; and
WHEREAS: These efforts will dovetail perfectly with the work of the Joint
City-County Lead Action Task Force which has been actively developing a city
pilot program to test out lead abatement strategies; and
WHEREAS: These events are being sponsored by the Developmental Disabilities
Prevention Program, People Incorporated, Citizen Action of New York, the Head
Start Program of the CAO, Neighborhood Legal Services, the Prevention Resource
Center at Buffalo State, the NYS Department of Health, the Buffalo Foundation,
the SUNYAB Dept. of Pediatrics, the WNY Dietetic Association and other
organizations;
NOW, THEREFORE BE IT RESOLVED THAT:
In response to united community efforts to spotlight lead poisoning prevention
this Common Council hereby declares June to be "Lead Poisoning Prevention
Month" in the city of Buffalo.
ADOPTED.
No. 190
BY: MR. FAHEY
HOME RULE MESSAGE - S8213 / A11586 AMEND RETIREMENT AND SOCIAL
SECURITY LAW FOR POLICE AND FIRE RETIREES
WHEREAS: There has been introduced in the State Legislature Senate
Bill S 8213 and Assembly Bill A 11586; and
WHEREAS: Said Bill is an Act to amend the Retirement and Social Security
Law, in relation to including compensation for working vacations in the
computation of final average salary for certain police and fire retirees; and
WHEREAS: Specifically, this bill amends Section 302, subdivision 9 (e)(1) of
the Retirement and Social Security Law to allow the inclusion and the final
average salary of eligible employees of the city of Buffalo of vacation pay
earned in lieu of vacation who retired from the City before December 26, 1988
and who file with the Comptroller on or before December 31, 1993; and
WHEREAS: 1988 Legislation (Chapter 754) allowed for the inclusion of
vacation credit and many firefighters and police officers elected to retire in
reliance on the promise that vacation credit would be included. However, the
Comptroller disallowed including working vacation time in calculating pension
credit and further concluded that retirees who received the credit should have
their pensions reduced and should refund excess payments received to the
retirement system; and
WHEREAS: This bill allows the city of Buffalo to permit those affected
retirees to receive credit for working vacations. Estimates of the cost to the
City range from $7 to $14 million, to be paid over a five year period;
NOW, THEREFORE, BE IT RESOLVED:
That the city of Buffalo hereby requests the enactment Into law of Senate Bill
8213 and Assembly Bill 11586, "An Act to Amend the retirement and social
security law, in relation to including compensation for working vacations in
the computation of final average salary for certain police and fire retirees";
and
BE IT FURTHER RESOLVED:
That the City Clerk is hereby authorized and directed to certify passage of
this resolution to the State Legislature and to forward copies thereof to the
Home Rule Counsel of the Senate and the Assembly and to the members of the
Western New York Delegation to the State Legislature.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION &
FINANCE, THE COMPTROLLER AND THE NEW YORK STATE COMPTROLLER.
No. 191
BY: MR. FAHEY
ORDINANCE AMENDMENT CHAPTER 309 - PARKS & OTHER OPEN SPACES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Section 309-36 be added to Chapter 309 to read as follows:
309-36. Permission to Erect Tents.
No person shall erect a tent or any kind of temporary structure in a city
park or open space without the permission of the Common Council. The Council
may impose reasonable conditions for the purpose of protecting the health,
welfare and safety of the public and persons and property in the area.
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
PASSED.
AYES- 12 NOES- 0.
No. 192
BY: MR. FAHEY
COUNCILMEMBER PERLA EXCUSED FROM MEETING
RESOLVED, that Councilmember Carl A. Perla, Jr., be and hereby
is excused from attendance at the Common Council meeting of June 9, 1992, due
to illness.
ADOPTED.
No. 193
BY: MR. FAHEY
EXTENDED HEALTH CARE BENEFITS TO LAID OFF EMPLOYEES
WHEREAS: The 1992-93 adopted budget will result in the layoff
of City personnel; and
WHEREAS: This will create a hardship on those employees who are affected;
and
WHEREAS: The Mayor included in his recommended budget an appropriation for
Severance Health Care, providing six (6) months' continuation of health
benefits for those who are laid off due to budget cuts; and
WHEREAS: This Common Council agrees with the Mayor's recommendation to
provide this extended health care to employees affected by the budget;
NOW, THEREFORE BE IT RESOLVED:
That any employee who loses his/her entitlement to health insurance benefits
due to personnel cuts in the 1992-93 adopted budget, be provided an additional
six (6) months of health and dental insurance benefits not to extend beyond
December 31, 1992; and
BE IT FURTHER RESOLVED:
That the cost of this benefit be charged to the Severance Health Care account
established in the 1992-93 budget as account number 100-813-000-00-271.
PASSED.
AYES 12 NOES- 0.
No. 194
BY: MR. FRANCZYK
REQUEST PUBLIC WORKS TO DEVELOP ONGOING HAZARDOUS WASTE DROP-OFF
DAYS
WHEREAS: Household hazardous wastes such as paints, solvents, pesticides,
batteries and other toxic products should be kept separate from the rest of the
household waste stream which is placed at the curb each week; and
WHEREAS: These materials need to be disposed of with special care so that
their toxic constituents aren't released into the environment through sewer
disposal, leaking landfills or incinerator emissions; and
WHEREAS: The Department of Public Works is to be commended for cooperating
with the Erie County Department of Environment and Planning in developing and
holding a successful household hazardous waste drop-off day earlier this year
at the East Side Transfer Station;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Department of Public Works to develop a
regular, well publicized schedule of household hazardous waste drop off days at
central and convenient locations in the city of Buffalo; and
BE IT FURTHER RESOLVED THAT:
This Council requests the Department to respond to this resolution in the City
Clerk's office by the filing deadline of Thursday, June 18, 1992 at 2:00 PM
ADOPTED.
No. 195
BY: MR. HIGGINS
PERMISSION FOR RAMONA STREET BLOCK CLUB TO SPONSOR "STREET DRAWING"
CONTEST
WHEREAS: The Ramona Street Block Club, a pro-active neighborhood
organization, will host their annual block party on July 11, 1992; and
WHEREAS: They are planning a "street drawing" contest, using white chalk, as
part of the day-long family activities; and
WHEREAS: The City Charter, Streets and Sidewalks, Section 413-49. Marking
or writing on sidewalks states, "No person, unless authorized by the Common
Council, shall paint, mark, write, print, or stencil any letters, figures,
pictures, or characters of any kind upon any of the public sidewalks or
pavements, whether for advertising purposes or otherwise."
NOW, THEREFORE BE IT RESOLVED:
That this Common Council does hereby grant authorization for the street drawing
contest, using white chalk, as part of the events planned for the July 11, 1992
Ramona Street Block Party.
ADOPTED.
No. 196
BY: MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Ray Boreanaz Auto
Claim for loss of garbage cans. $30.00
2. Elaine Dembowski
Claim for loss of garbage can. $6.00
3. Shirley R. Dill
Claim for loss of garbage can. $13.00
4. Andrew Dorogi
Claim for loss of garbage can. $8.00
5. Johnny Jackson
Claim for loss of garbage can. $8.00
6. Marc Lebel
Claim for loss of garbage cans. $24.00
7. Mrs. Joseph Lema
Claim for loss of garbage cans. $20.00
8. Kristin Sample
Claim for loss of garbage can. $13.00
9. Laurie Wozniak
Claim for loss of garbage can. $17.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 12 NOES- 0.
No. 197
BY: MR. HIGGINS
DISCHARGE ITEMS FROM COMMITTEE ON CLAIMS
PROPERTY DAMAGE
NOEL HALL - $917.00
WARREN M. HURT - $500.00
SUEZANNE MARIEN - $500.00
Whereas: The above items were Tabled in the last Claims Committee
meeting held on May 5, 1992, and
Whereas: It is no longer necessary for these items to be considered by
that Committee;
Now, Therefore, Be It Resolved, that this Common Council does hereby
Discharge the Committee on Claims from further consideration of the above
items.
Seconded by Mr. Bell.
CARRIED.
Mr. Fahey moved that the following Property Damage Claims are properly before
the Common Council:
Noel Hall
This is a claim for damage and theft of an AM-FM radio cassette and components
from the claimant's vehicle, a 1988 Chevrolet Camaro while it was in the care,
custody and control of the City at the Tonawanda Street Impound Garage. Garage
personnel have confirmed the theft. The Department of Law has negotiated a
settlement offer with the claimant. There is no Insurance Company involved in
the settlement of this claim.
The Department of Law has verified all the necessary information and believes
the claim to be valid. The Corporation Counsel recommends payment in the
amount of $917.00
Warren M. Hurt
This is a claim for damage to and the theft of a stereo and components from a
1987 Plymouth automobile while it was in the care, custody and control of the
City at the Tonawanda Street Impound Garage. Garage personnel have confirmed
the damage and theft. The Department of Law has negotiated a settlement offer
with the claimant. There is no Insurance Company involved in the settlement of
this claim.
The Department of Law has verified all the necessary information and believes
the claim to be valid. The Corporation Counsel recommends payment in the
amount of '$500.00
Suezanne Marien
This is a claim for damage and theft of four tires and wheels from the
claimant's automobile a 1984 Oldsmobile while it was in the care, custody and
control of the City at the Tonawanda Impound Garage. Garage personnel have
confirmed the theft and damage. The Department of Law has negotiated a
settlement with the claimant. There is no Insurance Company involved in the
settlement of this claim.
The Department of Law has verified all the necessary information and believes
the claim to be valid. The Corporation Counsel recommends payment in the
amount of $500.00
and now moved the approval of the above items.
Seconded by Mr. Pitts.
PASSED.
AYES- 12 NOES- 0.
No. 198
BY: MRS. LOTEMPIO AND MR. FAHEY
AUTHORIZE THE RELEASE OF CAPITAL FUNDS FOR SHAKESPEARE STAGE
Whereas: In FY 1991-92 there was budgeted $300,000 in capital funds
for the construction of a permanent stage for Shakespeare in Delaware Park; and
Whereas: The construction of the stage was to enable Shakespeare in Delaware
Park to produce plays that would be less expensive and artistically superior
productions; and
Whereas: The authorization to release the funds expires on June 30, 1992;
and
Whereas: For the Comptroller to release the funds a request must come
through the Commissioner of Community Development.
Therefore Be It Resolved That: The Common Council asks that the Commissioner of
Community Development request the release of the $300,000 capital funds from
the Comptroller for construction of a stage for Shakespeare in Delaware Park.
NOW, THEREFORE BE IT FURTHER RESOLVED:
That the Common Council asks that the Commission of Community Development
request the release of $2,350,000 for the planning of a new sports area and
$300,000 for the construction of a new Masten District Community Center; and
BE IT FURTHER RESOLVED:
That the Common Council asks that the Commissioner of Public Works requests the
release of the following capital funds for these designated projects:
Installation of Traffic Signals on Main St. $150,000
Replace of Sidewalks-Barker PI. & South District 200,000
University & Niagara Districts - Lighting 100,000
Delaware Park Labor Center 150,000
Improvements to Bennett Beach 120,000
Reconstruction of Kleinhans 658,000
Acq. & Reconstruction of P.U.A. Bldg. 200,000
Construction of Bailey Kensington CC 200,000
Reconstruction of Emerald Channel Intake 800,000
Installation of Switch Gear-Mass Station 1,750,000
and;
BE IT FINALLY RESOLVED:
That the Common Council asks that the Board of Education requests the release
of $125,000 for Handicapped Access Improvements.
ADOPTED.
No. 199
BY: MR. PITTS
PURCHASE OF 1040 ELLICOTT STREET
WHEREAS: Homespace Corporation, a not-for-profit organization dedicated
to developing Low income and transitional housing, is constructing a facility
for single mothers at the northeast corner of Dodge and Ellicott Streets. This
project will start within the next couple months, and
WHEREAS: 1040 Ellicott Street is a vacant lot owned by the City of Buffalo.
This Lot is essentially Landlocked and is not large enough to accommodate a
new house, and
WHEREAS: Homespace would like to purchase 1040 Ellicott Street for its new
housing project. The present site would be enhanced in terms of green space.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the sale of the
property at 1040 Ellicott Street for one dollar ($1.00) to Homespace for
development purposes.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 200
BY: MR. PITTS
SET HEARING AMENDMENT TO THE COMMUNITY-WIDE URBAN RENEWAL HOMESTEAD
PROGRAM
WHEREAS, the Community-Wide Urban Renewal Homestead Program, approved
September 18, 1984, C.C.P. No. 279 and subsequently amended, has a twenty-year
duration; and
WHEREAS, under Section E of said Plan, additional supplements for housing
projects are permitted; and
WHEREAS, this Plan has been amended in the past to reflect changes in
housing programs and the availability of disposition parcels; and
WHEREAS, the last plan amendment, which included a supplement for several
hundred city-owned parcels targeted for residential development, was approved
on May 27, 1991, C.C.P. No. 177; and
WHEREAS, the following thirty-five (35) parcels have been identified by
the Department of Inspections and Community Revitalization as sites for new
housing development:
1309 Michigan 1171 Michigan 102 East Utica
1315 Michigan 1200 Michigan 106 East Utica
1317 Michigan 1202 Michigan 186 East Utica
1321 Michigan 1243 Michigan 190 East Utica
1297 Michigan 1245 Michigan 158 Laurel
1301 Michigan 1388 Michigan 160 Laurel
1303 Michigan 1390 Michigan 292 Masten
1201 Michigan 1410 Michigan 296 Masten
1203 Michigan 1414 Michigan 291 Masten
1207 Michigan 94 East Utica 299 Masten
1209 Michigan 98 East Utica 63 Northampton
834 South Park
849 South Park
WHEREAS, the City Planning Board, after the required public hearing
on June 2, 1992, gave its unqualified approval to the plan
amendment; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of
the
General Municipal Law require that the Urban Renewal Plan Amendment 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 and the City Record,
no later than the 12th day of July, 1992.
2. That this Common Council will conduct a public hearing on the matters
stated in said "Notice of Hearing" at 2:00 p.m. in the Council Chambers on
Tuesday, July 21, 1992.
ADOPTED.
No. 201
BY: MR. PITTS
SET HEARING MAJOR PLAN CHANGE, OAK STREET REDEVELOPMENT URBAN
RENEWAL PLAN AMENDMENT
WHEREAS, the Oak Street Redevelopment Urban Renewal Plan, approved
May 5, 1970, C.C.P. No. 170, and subsequently amended, has a forty-year
duration; and
WHEREAS, the latest amendment to the Plan, approved by the City Planning
Board on July 18, 1989, divided former parcel 8A1, designated for residential
development, into two new parcels known as 8A1 and 8A2. Parcel 8A1, as amended,
located on the southwest corner of Carlton and Ellicott Streets (40,025+ square
feet), was disposed of for construction of Cornerstone Manor. This facility
provides shelter for battered and abused women. Parcel 8A2, located on the
southeast corner of Carlton and Washington Streets (25,042+ square feet), has a
land use designation of " residential"; and
WHEREAS, the M. J. Peterson Development Corporation is proposing to
construct a three-story, 40,000 square foot office building on parcel 8A2. The
new facility will be the corporate headquarters for Home Care Support Services,
Inc. Home Care Support Services is a division of the Visiting Nurses
Association of Western New York, which is owned by the Millard Fillmore
Hospital System; and
WHEREAS, the proposed office building will also house an adult day care
center and child day care center, which will be operated by one of the Visiting
Nurses Association subsidiaries. Additionally, there will be a wholesale
pharmacy business that will dispense pharmaceutical goods and durable medical
equipment to clients of the Visiting Nurses Association and Home Care Support
Services; and
WHEREAS, the current land use designation of parcel 8A2 is residential
and, as such, a "change of use" to "Hospital Medical Service" is required to
accommodate the proposed development; and
WHEREAS, this amendment would affect only the Disposition and Land Use
Plan maps with the narrative portion of the Urban Renewal Plan remaining the
same; and
WHEREAS, the City Planning Board gave its unqualified approval to the
plan amendment at its June 2, 1992 meeting. A report from the Planning Board
is a prerequisite to Common Council action; and
WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the
General Municipal Law require that the Urban Renewal Plan Amendment 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
here to and marked "Notice of Hearing" in the Buffalo News and the City Record,
no later than the 12th day of July, 1992.
2. That this Common Council will conduct a public hearing on the matters
stated in said "Notice of Hearing" at 2:00 p.m. in the Council Chambers on
Tuesday, July 21, 1992.
ADOPTED.
No. 202
BY: MR. ZUCHLEWSKI
PROPOSE THREE TIERED RATE SYSTEM
FOR PARKING METERS
WHEREAS: The recently passed 1992-93 City of Buffalo Budget included
estimated revenue based on the increase of all parking meter rates from $.25
per hour to $.50 per hour; and
WHEREAS: The rate increase for meters throughout the city has been denounced
by neighborhood businesses who fear that increases will adversely affect their
operations; and
WHEREAS: Instead of developing a single rate for parking meters, other
cities in the country have established different rate tiers depending upon
meter location with respect to the downtown central business district; and
WHEREAS: For example, the City of Cleveland, Ohio has a three tiered system
of $.75 per hour - central business district; $.50 per hour - institutions;
$.25 per hour in all other areas; and
WHEREAS: In 1988, the Common Council Task Force on Parking proposed a two
tiered system of parking meter rates with a $1.00 per hour ($.25 per 1/4 hr)
rate for the central business district and $.25 per hour in other locations;
and
WHEREAS: The Parking Task Force suggested that placing a $1.00 per hour rate
in the central business district would not only increase revenue for city
coffers, but also would discourage all day parking, thereby creating a greater
turnover and ensuring adequate short term spaces;
WHEREAS: A three tiered system of $.75 per hour for the central business
district, hospitals, and institutions; $.50 per hour for the periphery of the
central business district, hospitals, and institutions; and $.25 for all other
meter locations would be a better alternative than a straight $.50 per hour
rate which would be implemented July 1, 1992; and
WHEREAS: A review of all meter locations should be completed by this Common
Council and the Director of Parking Enforcement to determine, on a street by
street basis, the appropriate rate for parking meters;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council request from the Director of Parking Enforcement a
listing and map of all meter locations throughout the city; and
BE IT FURTHER RESOLVED:
That the Legislation Committee, in conjunction with the Director of Parking
Enforcement, conduct a review of all meter locations on a street by street
basis to determine appropriate rates for parking meters and issue a report of
their recommendations to this Honorable Body; and
BE IT FINALLY RESOLVED:
That upon adoption of the report of the Legislation Committee, the Law
Department draft an ordinance amendment for parking meter fees reflecting its
findings.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE AND THE CORPORATION COUNSEL.
No. 203
BY: MR. ZUCHLEWSKI
MONTHLY AND/OR QUARTERLY REVENUE AND EXPENDITURE REPORTS FROM
THE
BUFFALO SEWER AUTHORITY
WHEREAS: It has recently been brought the Common Council's attention
that some sixty (60) people have been or will be laid-off from the Buffalo
Sewer Authority;
and
WHEREAS: Sewer tax rates have increased dramatically throughout the past
decade and in the very near future, residents of the City of Buffalo will have
to incur yet another increase, and
WHEREAS: There are questions of a possible surplus of revenue in the Buffalo
Sewer Authority's annual budget, and
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests that the Buffalo Sewer Authority submit a
copy of their monthly and/or quarterly year-to-date reports on the revenues and
expenditures for the Sewer Authority's 1991-92 budget year.
ADOPTED.
No. 204
BY: MR. ZUCHLEWSKI
THE CLOSING OF RIVERSIDE SUPER DUPER
WHEREAS: On Friday, June 5th, the Riverside Super Duper, which
is located at 491 Ontario Street, abruptly closed their doors to business, and
WHEREAS: prior to the closing, neither the employees or the area residents
who frequent this grocery shopping facility were notified of its closing, and
WHEREAS: adjacent to Super Duper, is the Shaeffer Village Housing Project
which is operated by the Buffalo Municipal Housing Authority. Residents from
this project have come to rely on Super Duper for the purchase of their food
stuffs because the majority of these people do not have adequate transportation
to travel elsewhere to grocery shop, and
WHEREAS: Super Duper has been in the Riverside area for decades and previous
to them operating at 491 Ontario Street, the business was operated at 288
Ontario Street, and
WHEREAS: it is this Council's understanding, that in the immediate future,
merchandise from the Riverside Super Duper is being transferred to another
store located in the Hamburg area, and
WHEREAS: not only will this store closing adversely affect residents, but
the closing has created added unemployment to our area and devastated employees
who did not have an ample opportunity to plan for such a drastic decrease in
their income, and
WHEREAS: while this Council does understand that this business was a
franchise and independently operated, we feel it would be appropriate for the
district office to address the reason for the sudden closing of a store that
carries the Super Duper name, and
WHEREAS: we are also interested in finding our if there is an intent to
actively recruit a new franchise to re-open a Super Duper at 491 Ontario
Street, and
NOW, THEREFORE BE IT RESOLVED: that the Common Council of the City of Buffalo
requests a report from the Super Duper district off ice regarding the
circumstances behind the abrupt closing of their Ontario Street store, and
BE IT FURTHER RESOLVED: That this report also include any intentions of
another operator opening Super Duper at this location, and
RESOLVED: that we understand that it is not mandatory for the district office
of Super Duper to address our concerns however, to preserve the integrity of
the Super Duper name we respectfully request this information as soon as
possible.
ADOPTED.
No. 205
BY: MR. ZUCHLEWSKI
FELICITATIONS AND/OR IN MEMORIAMS
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for BUFFALO COLUMBUS HOSPITAL WELLNESS WAGON
By Councilmember Pitts
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 206
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:
Corine L. Parks
TOTAL: 1.
ADOPTED.
No. 207
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:
Joanne Haberer
Suzanne Massara
TOTAL: 2
ADOPTED.
No. 208
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, JUNE 16, 1992 9:30 AN
FINANCE Tuesday, JUNE 16, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, JUNE 16, 1992 2:00 PM
ECONOMIC DEV. Wednesday, JUNE 17, 1992, 10:00 AM
No. 209
ADJOURNMENT
On motion by Mr. Fahey, Seconded by Mr. Bakos, the Council adjourned
at 3:35 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.