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HomeMy WebLinkAbout92-0901 No. 16 Common Council Proceedings of the City of Buffalo Regular Meeting, September 1, 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, September 1, 1992 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, , Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski - 13. ABSENT - Fahey- 1. On a motion by Mr. Higgins, seconded by Mr. Pitts , the minutes of the stated meeting held , July 21 1992, were approved FROM THE MAYOR No. 1 Veto Message - Solicitation of Funds -Application - NYPIRG Item No. 54, C.C.P., July 21, 1992 I am returning herewith the above-referenced item with my veto. The licensing exemption found in Code section 316-29 is available to groups which are "organized and operated exclusively for charitable, educational, civic, patriotic, benevolent, religious or philanthropic purposes". NYPIRG describes itself as a research and advocacy organization. It conducts lobbying and other advocacy activities on behalf of various issues and causes. It is highly questionable as to whether this group falls within those categories listed in the ordinance, or is the type of organization for which the licensing exemption is intended. Moreover, in view of the City's financial condition, the City cannot justify waiving fees in this type of situation. For the above reasons, I am returning this item with my veto. Mr. Higgins moved to Override the Mayor's Veto of the Solicitation of Funds NYPIRG (Item No. 54, C.C.P. July 21, 1992). Seconded by Mr. Pitts REPASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11 NOES- ARTHUR- 1 No. 2 Veto Message - Ordinance Amendment Chapter 511 - Regulation of Adult Videos Item No. 152, C.C.P., July 21, 1992 I am returning herewith the above-referenced item with my veto. This Item amends Chapter 511 - Zoning of the Code to more specifically include adult video stores among the adult uses subject to special regulation. It also increases the locational requirement and changes the requirement for signatures on petitions from residents to property owners. I certainly agree with the Council that adult video stores belong in the same category as adult bookstores, exotic cabarets and adult motion picture theaters, and I do not object to this portion of the ordinance amendment. The amendment goes on, however, to transfer from the City Planning Board to the Council the authority to waive locational restrictions. I am advised that this transfer of power must be accomplished by local law and is subject to mandatory referendum under the Municipal Home Rule Law. Moreover, the City Planning Board has the time and expertise to adequately review, evaluate, make findings and establish a record in this area. Planning Board procedures are important in providing safeguards to city action where Constitutional and more specifically First Amendment questions are involved. The Planning Board should therefore continue to be the body with waiver authority in these situations. For the above reasons, I am returning this item with my veto. Mr. Higgins moved to Lay on the Table the Mayor's Veto of the Ordinance Amendment- Ch. 511- Adult Videos (Item No. 152, C.C.P. July 21, 1992). Seconded by Mr. Bakos ADOPTED. No. 3 Veto Message - Restaurant/Dancing License 2987 Bailey Avenue Item No. 160, C.C.P., July 21, 1992 I am returning herewith the above-referenced item with my veto. This item approves the issuing of a Restaurant/Dancing Class IV License to Kilimanjaro, Essie Scales, owner, 2987 Bailey Avenue, Buffalo, New York. I am informed that community organizations as well as individual neighborhood residents have expressed opposition to the granting of this license. Since area residents must bear the burden of possible late-night loud music and other disruptions, I am against the issuing of this type of license in the face of neighborhood opposition. For the above reasons, I am returning this item with my veto. Mr. Higgins moved to Lay on the Table the Mayor's Veto of the Restaurant Dancing License- 2987 Bailey (Item No. 160, C.C.P. July 21, 1992). Seconded by Mr. Amos ADOPTED. No. 4 Appointment of Acting Commissioner of Police Pursuant to the powers vested in me by the provisions of Section 221 of the Charter of the City of Buffalo, as amended, I hereby appoint Deputy Police Commissioner Richard T. Donovan residing at 57 Susan Lane, Buffalo, New York 14220, as Acting Commissioner of Police, effective August 1, 1992. Richard T. Donovan served as a Police Officer, Youth Officer and Community Peace Officer from December 1971 to February 1979. He attained the Civil Service rank of Police Lieutenant with the Buffalo Police Department in February 1979 serving in that position until January 1986. In January 1986, Richard T. Donovan was appointed Assistant Chief of Detectives commanding the Special Frauds Bureau. Mr. Donovan attained the Civil Service rank of Captain in July 1986 and was placed in command of the Ninth Precinct. Richard T. Donovan served as Chief of Homicide and Crimes Against Persons Bureau from March 1987 to January 1992, at which time he was appointed Deputy Police Commissioner. Mr. Donovan graduated from the State University of New York at Buffalo in 1976 with a B.S., Management Service. He also attained an A.A.S., Business Methods, from SUNYAB in 1975. Based upon his training, experience and the high office that he holds in the Buffalo Police Department, I certify that Richard T. Donovan is fully qualified to fill the office of Acting Commissioner of Police, to which he has been appointed. RECEIVED AND FILED. No. 5 Appointment of Commissioner of Police Pursuant to the powers vested in me by the provisions of Section 221 of the Charter of the City of Buffalo, as amended, I have appointed, subject to confirmation by Your Honorable Body, Acting Police Commissioner Richard T. Donovan residing at 57 Susan Lane, Buffalo, New York 14220, as Commissioner of Police of the Department of Police of the City of Buffalo, effective immediately. Richard T. Donovan served as a Police Officer, Youth Officer and Community Peace Officer from December 1971 to February 1979. He attained the Civil Service rank of Police Lieutenant with the Buffalo Police Department in February 1979 serving in that position until January 1986. In January 1986, Richard T. Donovan was appointed Assistant Chief of Detectives commanding the Special Frauds Bureau. Mr. Donovan attained the Civil Service rank of Captain in July 1986 and was placed in command of the Ninth Precinct. Richard T. Donovan served as Chief of Homicide and Crimes Against Persons Bureau from March 1987 to January 1992, at which time he was appointed Deputy Police Commissioner. Mr. Donovan was appointed Acting Commissioner of Police on August 1, 1992. Mr. Donovan graduated from the State University of New York at Buffalo in 1976 with a B.S., Management Service. He also attained an A.A.S., Business Methods, from SUNYAB in 1975. Mr. Donovan and his wife, Linda, have three children; Timothy, 20; Brian, 19; and Colleen, 15. Based upon his training, experience and the high office that he holds in the Buffalo Police Department, I certify that Richard T. Donovan is fully qualified to fill the office of Commissioner of Police, to which he has been appointed. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 6 Appointment of Member of Buffalo Municipal Housing Authority Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint James M. Krasowski, residing at 264 Rivermist Drive, Buffalo - 14202, as a member of the Buffalo Municipal Housing Authority effective July 287 1992 for a term expiring October 19, 1992. James M. Krasowski will fill the unexpired term of the late Frank A. Scinta. James M. Krasowski, a native of Buffalo, is President and General Manager of Transportation Marketing Services International Inc. (TMSI). He served in the U.S. Army from July 1951 to April 1953, including one year of service in Korea. James M. Krasowski is a member of many professional, service and religious organizations: - Transportation Club of Buffalo - American Legion - Transportation Brokers of America - Buffalo Launch Club - St. Paul's Episcopal Cathedral - Ismailia Temple A.A.O.N.M.S. - City Planning Board I hereby certify that James M. Krasowski is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Appointment of member of Advisory Committee for People with Handicapping Conditions Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby appoint Ms. Kris Ann Piazza, residing at 102 Wellington Road, Buffalo - 14216 as a member of the Advisory Committee for People with Handicapping Conditions, effective August 24, 1992 for a term expiring March 31, 1994. Kris Ann Piazza will fill the unexpired term of Rosemarie A. McKenna who has resigned. Kris Ann Piazza, who is currently working on her doctorate in Psychology, was the recipient of the Courage to Fight Back Award. I hereby certify that Kris Ann Piazza is fully qualified to serve as a member of the Advisory Board for People with Handicapping Conditions. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 Reappointment of member of Board of Ethics Pursuant to the powers vested in me by Section 12-19, Article II Chapter 12 of the Buffalo Code, I hereby reappoint, subject to confirmation by Your Honorable Body, James M. Lanz, residing at 217 Huntington Avenue, Buffalo - 14214, as a member of the Board of Ethics for a term expiring on September 4, 1997. I hereby certify that James M. Lanz is fully qualified for reappointment to the Board of Ethics. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 9 Retirement Incentive Program Chapter 643 of the New York State Laws of 1992 Chapter 643 of the laws of 1992 makes available a Retirement Incentive Program to local governments as described in the attached communication from the New York State and local Retirement Systems office. The budget office has carefully studied this program and has advised me that under certain conditions the City can save money by offering this retirement incentive to its employees. They have compared the cost of participating in the incentive program and the additional health insurance costs for coverage provided to retirees with the savings to be realized from hiring a new employee at a lower starting salary and less costly fringe benefits. The difference varies by job title but in general there would be a slight increase in costs to the City over a five year period if every retiree were immediately replaced by a new employee. However, the budget office believes the City could cover these costs if approximately 10% of the retirees are not replaced and the City could realize savings if more than 10% of the jobs are not filled. There are approximately 300 employees that would be eligible to retire under this incentive program. If 100 employees or 1/3 of those eligible chose to retire the City would break even by eliminating ten of those jobs. If twenty jobs were eliminated the City would save approximately $300,000 a year or $1.5 million over the five year period. To provide this program the City must enact a local law no later than September 22, 1992. I am recommending the City adopt this Retirement Incentive for its eligible employees and am requesting Your Honorable Body to approve the required local law in time for it to be enacted by September 22, 1992. LAID ON THE TABLE. No. 10 Working Vacation Pension Benefits This is to advise you that Governor Cuomo has signed a bill (Senate #8213-A, Assembly #11586-A) that allows, by local option, certain retirees of the police officers' and firefighters' retirement system to include compensation received for working vacations in the calculation of their pension entitlements. Your Honorable Body passed and I approved the attached Home Rule Message (C.C.P. #152, 6/23/92) requesting the State to enact this legislation. The cost to the City is $1.35 million in the first year and $2.1 million for the four succeeding years. The 1992-93 adopted budget includes the $1.35 million required in the first year. The history of this benefit is described in the above referenced Home Rule Message legislation. Since the State legislature and Governor have approved the provisions the City requested I am recommending a Resolution now be approved to provide the working vacation pension benefit to the affected retirees. RECEIVED AND FILED. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 11 Polish Community Center - Petition to Rezone 104-120 Lewis Street from M2 to R3 (R5). Item No. 111, C.C.P., July 21, 1992 The City Planning Board at its regular meeting held Tuesday, July 28, 1992, considered the above petition pursuant to Section 511-126, Amendment to the Zoning Ordinance. The applicant, the Polish Community Center, seeks to rezone 31,800 square feet of M2 zoned land to an R3 zoning classification. The purpose of the rezoning will be to allow for the development of housing for the elderly. Since the M2 zoning classification will not permit the construction of housing, the applicant sought to rezone the site to R3 to permit the construction of 20 units of housing for the elderly. Since filing the rezoning petition, however, the applicant has added 12 more housing units bringing the total to 32 units of housing for the elderly. The R3 zone will not permit such housing densities. The proposed 32 units will require the rezoning to the R5 classification. Under S.E.Q.R., the proposed rezoning is an unlisted action which may be studied through uncoordinated Review. The Planning Board voted to approve the rezoning of the subject property from M2 to R5 rather than the R3 rezoning requested by the applicant. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 12 E Mr. Pizza - Request to Expand an Existing Restaurant at E 2368 Seneca Street. Item No. 112, C.C.P., July 21, 1992 The City Planning Board at its regular meeting held Tuesday, July 28, 1992, considered the above application pursuant to Section 511-126 of the Buffalo Code, Seneca Street Zoning District. The applicant seeks to expand an existing restaurant by adding a one-story masonry addition measuring 39 feet by 30 feet (1170 square feet) to the rear of an existing restaurant. The SS zone considers restaurant expansions to be restricted uses requiring the approval of Your Honorable Body. Under the code, the proposed expansion would require eight off-street parking spaces. The existing restaurant currently has an on-site, 40-car, accessory lot which satisfies both its existing parking needs as well as future parking generated by the addition. Under S.E.Q.R., the proposed expansion is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed addition with the condition that the existing fenced and landscaped strip along the back property line of the restaurant be maintained by the applicant. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 13 M. Thomasula - Request to use the right-of-way of 904 Elmwood Ave. for a sidewalk cafe. Item No. 52, C.C.P., July 21, 1992 The City Planning Board at its regular meeting held Tuesday, July 28, 1992 considered the above request pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafes. The applicant seeks to use a portion of the right-of-way of Elmwood Avenue for a sidewalk cafe. The cafe will measure 5 feet by 10 feet (5 feet into the right-of-way), or 50 square feet in floor area. It will consist of tables and chairs which will be removed when not in use. The portion of the Elmwood Avenue right-of-way which will be used by the cafe has a street width of 80 feet with a 42-foot pavement. Consequently, 19 feet of sidewalk exists at the site. The proposed 5-foot width cafe will leave 14 feet of unobstructed sidewalk. 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 sidewalk cafe, 2. that it be opened no later than 11:00 PM. daily, and 3. that no trash receptacles be placed in the cafe area. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 14 N.A.S. Quick Sign - Request to place an accessory pole sign at 184 Amherst. The City Planning Board at its regular meeting held Tuesday, July 28, 1992 considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an accessory, illuminated, pole sign measuring 10 feet by 5 feet in sign face area (50 square feet) and 15 feet in overall height. The site is located in an M2 zone which permits such signage. 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 sign. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 15 Certificate of Appointment Appointment effective July 24, 1992 in the Department of Stadium & Auditorium, Division of Memorial Auditorium Dale F. Senn, 63 Cushing Place, Buffalo, New York 14220 to the position of Superintendent of Auditorium Maintenance, Permanent at the starting salary of $30,673.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMPTROLLER No. 16 Certificate Of Necessity Transfer of Funds-Capital Projects Fund Division Of Budget & Management Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,750 be transferred and reappropriated from various accounts in Capital Projects Fund - Division of Budget & Management, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, AUGUST 26, 1992 RECEIVED AND FILED. No. 17 Certificate Of Necessity Increased Appropriation Appropriation Allotments- Reserved Fund Balance Division Of Housing & Property Inspections We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $2,937 in the estimates for the fiscal year beginning July 1,1992 is necessary in Appropriation Allotments - Division of Housing & Property Inspections to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, AUGUST 12, 1992 RECEIVED AND FILED. No. 18 Certificate Of Necessity Increased Appropriation Appropriation Allotments - Reserved Fund Balance Division Of Parking Enforcement We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $7,200 in the estimates for the fiscal year beginning July 1, 1992 is necessary in Appropriation Allotments - Division of Parking Enforcement to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, AUGUST 12, 1992 RECEIVED AND FILED. No. 19 Increased Appropriation Appropriation Allotment- Reserve Fund Balance Department Of Fire We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $12,000 in the estimates for the fiscal year beginning July l, 1992 is necessary in Appropriation Allotments -Department of Fire to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, AUGUST 27, 1992 RECEIVED AND FILED. No. 20 Certificate Of Necessity Increased Appropriation City Revenues Division Of Recreation We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $17,000 in the estimates for the fiscal year beginning July l, 1992 is necessary in Appropriation Allotments - Division of Recreation to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the General Fund - City Revenue accounts 100-601-402-31477 - Cazenovia Natatorium Fees and 100-601-402-31497 - Lovejoy Natatorium Fees not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, JULY 30, 1992 RECEIVED AND FILED. No. 21 Certificate Of Necessity Transfer Of Funds- Appropriation Allotments Exempt Items Capital Projects Fund Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $100,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items , as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, August 26, 1992 RECEIVED AND FILED. No. 22 Certificate Of Necessity Transfer Of Funds Appropriation Allotments Miscellaneous Charges Division Of Recreation 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 $173,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Miscellaneous Charges, 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, JULY 30, 1992 RECEIVED AND FILED. No. 23 Permission to Negotiate 329 Madison, E 128' S Broadway Land: 30' x 109' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. John A. Garner, Jr. of 88 Thatcher, Buffalo, New York, to purchase the above captioned property. Mr. Garner would like to purchase this property, which is adjacent to property he owns at 327 Madison. He has indicated that the subject property is being used as a dumping site and would like to purchase this property so that he can maintain this vacant lot and enhance the area. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Higgins moved: That the communication from the Comptroller dated August 18, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. John A. Garner, Jr. residing at 88 Thatcher, Buffalo, New York for the private sale of 329 Madison and report to this Honorable Body the results of such negotiations. ADOPTED. No. 24 Permission to Negotiate 224 Mulberry, W 275' S High Vacant Land: 5' x 100' Assessed Valuation: $200 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Willard Anderson of 222 Mulberry Street, Buffalo, New York to purchase the above captioned property. Mr. Anderson would like to purchase this narrow strip of property, which is adjacent to his home, in order to square off his property, erect a fence and use for extra yard space. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Higgins moved: That the communication from the Comptroller dated August 18, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Willard Anderson residing at 222 Mulberry Street, Buffalo, New York for the private sale of 114 Mulberry Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 25 Permission to Negotiate 36 Myers, 246' S Best Vacant Land: 30' x 115' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Gibson Usher of 40 Myers, Buffalo, New York to purchase the above captioned property. Mr. Usher would like to purchase this property, which is adjacent to his home, for extra yard space. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Higgins moved: That the communication from the Comptroller dated August 17, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Gibson Usher residing arc 40 Myers, Buffalo, New York for the private sale of 36 Myers and report to this Honorable Body the results of such negotiations. ADOPTED. No. 26 Permission to Negotiate 53 Rose, E 225.25' S-Carlton Vacant Land: 29' x 100' Assessed Valuation: $1,100 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Fannie Mae Johnson, 55 Rose Street, Buffalo, New York to purchase the above captioned property. Ms. Johnson would like to purchase this property, which is adjacent to her home, in order to fence in for extra yard space. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Higgins moved: That the communication from the Comptroller dated August 4, 1992 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Fannie Mae Johnson, residing at 55 Rose Street, Buffalo, New York for the private sale of 53 Rose Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 27 Permission to Negotiate 804 S. Division, N W Corner Lord Vacant Land: 41' x -105' WL Assessed Valuation: $1,100 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. & Mrs. Hugh Dennis Lafferty of 801 South Division, Buffalo, New York to purchase the above captioned property. Mr. & Mrs. Lafferty would like to purchase this property, which is across the street from their home, in order to fence in the area and erect a garage for off-street parking purposes. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale, providing that conditions be placed on the sale as follows: 1. Prior to erecting the garage the Lafferty's must obtain both a building and curb-cut permit. 2. They must pave and property drain the area to be used for a driveway and/or off-street parking purposes. 3. They must obtain a variance since the garage will be an accessory use to their residence. The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Higgins moved: That the communication from the Comptroller dated August 24, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. & Mrs. Hugh Dennis Lafferty, residing at 801 South Division, Buffalo, New York for the private sale of 804 South Division, with conditions listed in the above communication and report to this Honorable Body the results of such negotiations. ADOPTED. No. 28 Acquire 550 Babcock Street Results of Negotiations Item # 89, C.C.P. 9/3/92 In the above referenced item Your Honorable Body authorized the Off ice of the Comptroller, Division of Real Estate, to enter into negotiations for the acquisition of 550 Babcock Street. A .66 acre vacant parcel of land, located at the corner of Babcock and Fleming Street. The purpose of the acquisition is to landscape and to incorporate this parcel with the adjoining Gus Franczyk Park Development. Two independent appraisals of the property were conducted for this parcel. The first appraisal received was from Richard W. Bronstein, Appraiser, 3666 Main Street, Buffalo, New York 14226. He has estimated the fair market value of the property to be Thirteen Thousand Dollars ($13,000). The second appraisal was obtained through Frank A. Pirritano, Appraisers, 745 Center Road, P.O. Box 650, West Seneca, New York 14224. He has estimated the value of the property at Seventy-Two Hundred Dollars ($7,200). Both appraisals assume that there are no hidden or inapparent conditions of the property subsoil or structures, which would render it more or less valuable. It should be noted that the seller of the property was aware that the property was contaminated in some areas and so advised the City. The property has been tested by the City and monies were allocated in the 1992-1993 Budget for the remediation of the contaminated areas. The subject property is owned by Mr. Joseph Banas, 851 Eagle Street, Buffalo, New York 14210. Mr. Banas had approached the City and offered to sell the property for Five Thousand Dollars ($5,000) on the condition that the City pay all seller's closing costs and accept the property in ??as is's condition. The results of our negotiations with Mr. David Jay, Attorney representing Mr. Banas, are that the City has agreed to purchase the property for Five Thousand Dollars ($5,000), pay the seller's closing costs and accept the property in "as is" condition. The total amount of purchase price, plus cost of closing and remedying the soil should not exceed Thirteen Thousand Dollars ($13,000). Funds for the purchase of this property were made available in the 1991-1992 Capitol Projects Budget in the amount of Thirty-Five Thousand Dollars ($35,000) for the acquisition and development of a park at that site. The Bond Resolution was introduced and tabled on June 9, 1992, Item # 177 and approved by Your Honorable Body on June 23, 1992. Therefore, I am recommending that Your Honorable Body authorize the purchase of 550 Babcock Street in the amount of Five Thousand Dollars ($5,000). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the purchase and closing of this transaction. Attached is a copy of the proposed legal description of the subject property. Mr. Higgins moved: That the communication from the Comptroller, dated July 20, 1992, be received and filed; and That the Comptroller be authorized to purchase 550 Babcock Street from Mr. David Jay, Attorney representing Mr. Joseph Banas, 851 Eagle Street, Buffalo, New York in the sum of $5,000.00 (Five Thousand Dollars); and That the City of Buffalo pay all seller's closing costs and accept the property in "as is" condition; and That the Corporation Counsel be authorized to prepare all necessary documents for the purchase and closing of this transaction. PASSED. AYES- 12 NOES- 0. No. 29 Results of Negotiations 201 Box, S 145.43' E Kehr Lot Size: 30' x 118' Assessed Valuation: $900. # 169, C.C.P. 4/28/92 In the above mentioned item, Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate to negotiate a private sale for the above captioned property to Mr. Benjamin Watson, 203 Box Street, Buffalo, New York 14211. Mr. Watson intends to purchase this property in order to expand his yard area. An independent appraisal of the property was conducted by James H. White Realty, 537 Humboldt Parkway, Buffalo, New York 14208. He has estimated the fair market value to be $900. The Division of Real Estate has investigated the sales of similar lots in the area. The sales prices range from $200. to $1,000. for similar properties. The Division of Real Estate concurs with the appraisers estimated value. The results of our negotiations are that Mr. Watson has agreed and is prepared to pay $900. for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 201 Box Street to Mr. Benjamin Watson in the amount of $900. I further recommend that Your Honorable Body authorize the Mayor to execute the necessary documents for the transfer of title. Mr. Higgins moved: That the communication from the Comptroller, dated August 14, 1992, be received and filed; and That the offer of Mr. Benjamin Watson, residing at 203 Box Street, Buffalo, New York in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 201 Box Street be and hereby is accepted; and The appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees, and cost of legal description will be paid by the purchaser; and That the Mayor be 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. 30 Results of Negotiations 541 William, S 27' W Adams Vacant Lot: 27' x 113' E Assessed Valuation: $800 Item # 14, C.C.P. 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 Mr. Percy L. Howell, on behalf of Grace Tabernacle Church of God In Christ, 539 William Street, Buffalo, New York to purchase the above captioned property. The Church is purchasing this property for off-street parking. 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 property to be Eleven Hundred Dollars ($1,100). The Division of Real Estate has investigated the sales of similar property in the area. Sale prices range from Seven Hundred and Twenty-Five Dollars to Fourteen Hundred Dollars ($725 - $1,400). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Grace Tabernacle Church of God In Christ has agreed and is prepared to pay Eleven Hundred Dollars ($1,100) for the subject property. They will also pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 541 William Street to Grace Tabernacle Church of God In Christ in the amount of Eleven Hundred Dollars ($1,100). I am further recommending that Your Honorable Body authorize the Mayor to sign the required documents for the transfer of title. Mr. Higgins moved: That the communication from the Comptroller, dated August 24, 1992, be received and filed; and That the offer of Mr. Percy L. Howell, on behalf of Grace Tabernacle Church of God in Christ, 539 William Street, Buffalo, New York in the sum of $1,100.00 (One Thousand and One Hundred Dollars) to purchase the property described as 541 William Street be and hereby is accepted; and The appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees, and cost of legal description will be paid by the purchaser; and That the Mayor be 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. 31 Lease of Deveden Alley This office, Division of Real Estate, has received a request from the owners of Pat McGinty's, 38 Swan Street, to lease a portion of Deveden Alley in order to provide an outdoor patio. The patio will not be a permanent structure. Section 517 of the City Charter states "a lease of, or license to use, any real property or a portion thereof owned by the City shall not be made unless authorized by the Common Council". Since this item is a temporary closing a street or alley, this office recommends that Your Honorable Body forward this request for recommendations to the City Planning Board, Dept. of Public Works, Police, Fire and the Corporation Counsel's Office. If Your Honorable Body approves this request, the Division of Real Estate will employ its' usual procedures and negotiate a lease and report the results back to the Common Council for final approval. Mr. Higgins moved: That the communication from the Comptroller dated August 18, 1992, be received and filed; and That the request by the owners of Pat McGinty's, 38 Swan Street, to lease a portion of Deveden Alley, be and hereby is forwarded for recommendations to the City Planning Board, the Department of Public Works, the Police Department, the Fire Department and the Law Department. That the Division of Real Estate be and hereby is authorized to negotiate a lease agreement taking into consideration the recommendations of the above mentioned departments. ADOPTED. No. 32 Renewal of Lease Agreement Between the City of Buffalo and C.R.U.C.I.A.L. Use of 1607 & 1609 Genesee Street Pursuant to Item # 187, C.C.P. June 10, 1986, Your Honorable Body approved a lease for use of the City-owned building located at 1609 Genesee Street, together with a City-owned vacant lot known as 1607 Genesee Street. The present lease expired on April 30, 1992. This office has received a letter from Mr. Donald Dade, Executive Director of CRUCIAL, 1609 Genesee Street, Buffalo, New York requesting to renew said lease under the same terms and conditions as their previous lease agreement. CRUCIAL is requesting a three year lease, to commence on July l, 1992 and expire on May 31, 1995. The annual rental to be charged is $1.00. The insurance is to be provided saving the City of Buffalo harmless from any liability as set forth per Item # 197 , C.C.P. March 31, 1987. This office approves and recommends acceptance of this lease renewal. Mr. Higgins moved: That the communication from the Comptroller dated August 14, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to renew a lease with Mr. Donald Dade, Executive Director of CRUCIAL, 1609 Genesee Street, for use of city-owned building located at 1609 Genesee Street, together with a city- owned vacant lot known as 1607 Genesee Street, Buffalo, New York for a three year lease to commence on July 1, 1992 and expire on May 31, 1995. The annual rental to be $1.00 and the insurance is to be provided saving the City of Buffalo harmless from any liability as set forth per item No. 197, C.C.P., March 31, 1987. PASSED. AYES- 13 NOES- 0. No. 33 Renewal of Lease Agreement City of Buffalo and Cazenovia Park Hockey Association, Inc. Pursuant to Item # 17, C.C.P. September 17, 1991, Your Honorable Body approved a lease for use of rooms 29 and 30 at former School 29 located at 2219 South Park Avenue. This office has received a request from Mr. Bob Carosa on behalf of the Cazenovia Park Hockey Association, Inc. requesting to renew said lease under the same terms and conditions as their previous lease agreement with the exception of the following: 1. One room is requested to be leased, namely #29. 2. A three year lease has been requested commencing October 1, 1992 and expire on September 30, 1995. This office approves and recommends acceptance of this lease renewal. Mr. Higgins moved: That the communication from the Comptroller dated August 27, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to renew a lease with Mr. Bob Carosa, on behalf of the Cazenovia Park Hockey Association, Inc., for use of room 29 at former School 29 located at 2219 South Park Avenue, Buffalo, New York for a three year lease to commence on October 1, 1992 and expire on September 30, 1995, under the same terms and conditions as their previous lease. PASSED. AYES- 13 NOES- 0. No. 34 Abandonment/ Sale Ohio Street Inlet The Comptroller's Office, Division of Real Estate, has received a request from Mr. Joseph Cavan, Attorney, representing Mr. Carl Paladino and Mr. Louis Magnano to purchase the above captioned property. They own the adjoining property and intend to develop their property into a marina and boat storage facility. During their application to the Corp. of Engineers for a permit and in the course of that investigation, in order to put proper facilities in for services, boat removal, etc., will be necessary to purchase the inlet, an area of approximately 90' x 200'. The inlet originally was part of the Ohio Street Basin area. Ohio Street now separates the inlet from the basin which was developed into a park area. The inlet serves no useful purpose except that there is a sewer easement there. The Buffalo Sewer Authority has no objection to the sale provided certain conditions are met. Their letter is attached and is made a part of this communication. The conditions are as follows: 1. easement be granted for maintenance and possible repair of existing facilities 2. access to the outfall should be maintained and that no permanent structure will be built over said outfall pipe. The Departments of Community Development and Inspections and Community Revitalization have been contacted and they have no objection to the sale. Community Development has recommended a condition that the 25' set-back requirement be incorporated in the development proposal for public access. As a matter of disclosure, the Director of Real Estate, John Hannon, is related to one of the principals involved in this transaction, Mr. Paladino. Mr. Paladino is married to a cousin of Mr. Hannon. Mr. Hannon will have no direct or indirect financial interest in this transaction and will be acting in his capacity as the Director of Real Estate to oversee that the proper procedures are followed. As Your Honorable Body knows, the sale price for this property will be established by two Supreme Court appointed appraisers in accordance with Section 514 of the City Charter. Should Your Honorable Body approve the above request, this office will proceed in accordance with Sections 513 and 514 of the City Charter and report the results back to Your Honorable Body for final approval. Mr. Higgins moved: That the communication from the Comptroller dated August 20, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Joseph Cavan, Attorney, representing Mr. Carl Paladino and Mr. Louis Magnano for the private sale of the property known as Ohio Street Inlet and report to this Honorable Body the results of such negotiations, the agreement to include conditions requested by the Buffalo Sewer Authority and the Department of Community Development. ADOPTED. No. 35 W. Ward - Cancel Tax Lien 210 Melrose Street (Item # 110, C.C.P., July 21, 1992) The above item was referred to this office, Department of Assessment, the Corporation Counsel and the Committee on Finance for a response. The above item is a request from Mr. W. Ward to cancel grass cutting charges in the amount of $52.50 which were added to his tax bill after he purchased the property at an In-Rem tax foreclosure. The following is a summary of the facts this office collected in reviewing the above request: 1. 8/14/90 - Invoice # AR GC0503, for $50.00 grass cutting charges at 210 Melrose 7/25/90, to the owner Subway Restaurant, Inc. 2. 10/29/90 - 210 Melrose, lot 95' x 100' purchased at In-Rem # 24, by John Little and Walter Ward for $2,800. The assessed value of the property was $9,200. A memorandum and terms of the sale were signed by John Little at the time of the auction The memorandum states "All property is sold subject to the liens of all taxes and waterbills levied after the auction date". 3. 11/27/90 - Common Council approved the lien on 210 Melrose Street per Item # 143, C.C.P., 11/27/90. 4. 8/12/91 - Effective lien date - became a local assessment charged on the tax bill in the amount of $52.50. Since the property appears to have been bought at a bargain price and the purchaser signed a memorandum of sale, the Office of the Comptroller does not recommend approving the request to cancel the Tax Lien. REFEREED TO THE COMMITTEE ON FINANCE. No. 36 Incentives for City Employees According to General Municipal Law of New York State( Article 5; Section 88-a), any city is authorized "to establish a merit award board for the purpose of rewarding its employees for suggestions which result in a more efficient and economical operation of its government and may raise and expend moneys for the purpose thereof." As the financial difficulties of the City of Buffalo continue, it would seem appropriate to involve city employees who may have worthwhile initiatives and/or suggestions whereby the City can trim costs of service delivery or make City government more efficient. I suggest that Your Honorable Body investigate establishing a merit board as outlined by General Municipal Law to determine if such an entity can prove beneficial to the City. RECEIVED AND FILED. No. 37 Report of External Audit City of Buffalo- Enterprise Fund Pilot Field I hereby submit the report of external audit by an independent public accountant of the City of Buffalo Enterprise Fund- Pilot Field, for the fiscal year beginning April l, 1991 and ending March 31, 1992. Pursuant to amendments to Section 35 of the General Municipal Law, which took effect January l, 1989, ?our Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk, a written response to the findings and recommendations in this report not later than ninety days after its receipt, or December l, 1992. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Certificate of Appointment Appointment to become effective August 17, 1992 in the Department of Audit and Control, Division of Audit Jeni Wozniak Lombard Street, Buffalo, NY 14206 to the position of Senior Auditor, Temporary at the starting salary of $28,983.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 39 Certificate Of Appointment Appointment to become effective August 6, 1992 in the Department of Audit & Control, Division of Accounting Gloria A. Schiavone, 1217 Delaware Ave., Apt. 905, Buffalo, NY 14209 to the position of Senior Accountant, Provisional at the starting salary of $29,915.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 40 Appoint Member Preservation Board I have just been advised that the term of Mark V. Draper, 22 Viola Park, Buffalo, New York 14208 has expired August 31, 1992. Quoting the Chairperson of the Buffalo Preservation Board, Mr. John Bis, "Mr. Draper has proven to be an invaluable asset to the Board I encourage you to consider his name for reappointment to a new 3 year term". Based upon Mr. Bis' recommendation and the willingness of Mr. Draper to serve, I am appointing him to his first full term on the Buffalo Preservation Board, effective September l, 1992 and to expire August 31, 1995. Mr. Draper has been serving the balance of his father's term. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 41 Walter B. Ward Cancel Tax Lien 210 Melrose Item No. 110, C.C.P. 07/21/92 Mr. Walter B. Ward purchased property at 210 Melrose on October 29, 1990 at the City of Buffalo Tax Foreclosure Sale. A Tax Lien took effect on August 12, 1991. On the City's Memorandum of Sale, it states that, "All property is sold subject to the liens of all taxes and water bills levied after the Auction date." I recommend that the Law Department review The Memorandum of Sale and determine if Mr. Walter B. Ward is responsible for paying Tax Liens levied after the Auction date. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Cancellation of Assessment at 160 Maple Street Item No. 222, C.C.P. 07/21/92 The Department of Assessment prepared a Local Assessment Roll for Grass and Weed Cutting in 1991 according to C.C.P. 03/03/92, Item No. 127. Said Local Assessment Roll contains a charge for grass and weed cutting on a lot at 160 Maple Street. The owner of the lot at 160 Maple, William Godfrey, states that a neighbor cuts his grass. I recommend that the Department of Street Sanitation determine if City personnel had cut the grass on this lot. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 43 Monthly Report of Licenses Issued July 1992 I am respectfully submitting the enclosed report of Licenses issued in the month of July 1992 by the Division of Licenses. RECEIVED AND FILED. No. 44 Extension of Time on Contract Old First Ward Community Center Republic & Tennessee In accordance with the terms of the contract between the City of Buffalo and the following- contractors the work should have been completed by August 18, 1992. Due to the Mechanical Contractor defaulting on this project the other contractors could not complete the work of this project on time. This is the first extension of time on this project. Burgio & Campofelice, Inc. C-91610400 Joe Carino Plumbing Co. C-91610300 CIR Electrical Const. Co. C-91610200 New York Surety Co. C-91610100 I have granted an extension of time to November 15, 1992 to the above contractors to complete the work of their contracts. RECEIVED AND FILED. No. 45 Extension of Time on Contract - Exterior Stair Reconstruction Museum of Science In accordance with the terms of the contract between the City of Buffalo and Vara-Science, Inc. C-91644300, the work should have been completed by July 31, 1992. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the third extension of time on this project. I have granted an extension of time to September 30, 1992 to Vara-Science, Inc. to complete the work of this contract. RECEIVED AND FILED. No. 46 Extension of Time on Contract Parapet Reconstruction Shea's Buffalo Theatre 646 Main Street In accordance with the terms of the contract between the City of Buffalo and Vara-Science, Inc. C-91644400 the work should have been completed by May 29, 1992. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the second extension of time on this project. I have granted an extension of time to September 30, 1992 to Vara-Science, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 47 Notification Serial #8249 NO STANDING ANY TIME In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING ANY TIME PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY Carroll Street Extension Between Exchange Street and east and west sides of Carroll Street East Service Road Notification Serial #8250 NO STANDING ANY TIME In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING ANY TIME PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY Carroll Street Extension Between Exchange Street and east side of West Service Carroll Street Road Notification Serial #8251 STANDING - REPEAL NO In conformity with Section 49 of Chapter 479 of the ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 20 of Section 15 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by repealing thereto the following: NO STANDING ANY TIME PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY Carroll Street Extension Between Exchange Street and east and west sides Carroll Street RECEIVED AND FILED. No. 48 Solicitation of Funds Application Greenpeace Attached is an application for Solicitation of Funds for Greenpeace to solicit funds in the Buffalo area. Greenpeace is requesting for an additional thirty (30) days to solicit which would be from August 16, to September 16, 1992. In accordance with Chapter 316. Article VI of the City of Buffalo Ordinance, I hereby refer this matter to your Honorable Body. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 13, 1992, be received and filed; and That Greenpeace is hereby authorized to solicit funds in the Buffalo area for an additional thirty (30) days between August 16, 1992 to September 16, 1992, pursuant to Chapter 316, Article VI of the City of Buffalo Ordinance. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11 NOES ARTHUR- 1. No. 49 Restaurant Dancing Class III 124 Elmwood Avenue Pursuant to Chapter 150 of the city of Buffalo Ordinances, please be advised as follows: I have examined the attached application for Restaurant/Dancing Class III located at 124 Elmwood Avenue and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III License is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Joseph Dettelis. The report from the Police Department recommending approval is attached hereto. In consideration of the application of: Joseph Dettelis d/b/a The Adventure Club of Buffalo Inc. 124 Elmwood Avenue Buffalo, New York This request is submitted for consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11 NOES- ARTHUR 1. No. 50 Restaurant/Dancing Class III 240-244 West Ferry Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised at follows: I have examined the attached application for Restaurant/Dancing Class III located at 240-244 West Ferry and find that as to form it is correct. 1 have caused an investigation into the premises for which said application for Restaurant/Dancing Class III Licenses is being sought and according to the attached reports from the Fire Department, Zoning Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Richard Robins. The report from the Police Department recommending approval is attached hereto. In consideration of the application of: RichardRobins d/b/a The Office Bar 240-244 West Ferry Street Buffalo, New York This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 51 Report of Bids Restoration & Renovation Kleinhans Music Hall Symphony Circle I asked for and received the following Informal Proposals for the Removal of Asbestos at a portion of the backstage corridor for Phase I restoration on July 20, 1992. Zeon Corporation 10,500.00 Arric Corporation 10,900.00 Pollution Assessment 15,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Zeon Corporation in the amount of $10,500.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-068 - Division of Buildings. Estimate for this work was $12,000.00. Mr. Higgins moved: That the communication from the Department of Public Works, dated June 21, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for Removal of Asbestos, Kleinhans Music Hall to Zeon Corporation, the lowest responsible bidder, in the amount of $10,500.00. Funds for this work are in the B/F 200-402-068 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 52 Report of Bids New Concession Addition to: LaSalle Park Shelter House I advertised for on August 11, 1992 and received the following sealed proposals which were publicly opened and read on August 25, 1992. General Construction Work Lakeside Fabricating 104,500.00 KBCC, Inc. 112,713.00 Miller Enterprises, Inc. 118,900.00 Feddington-Allen, Inc. 119,400.00 Giannadda Construction 120,900.00 Cemulini-Pecoraro Const . 23,970.00 Everest, Inc. 124,882.00 L.G.T. Const. 127,800.00 L.C.P. Construction 131,055.00 The Hadala Corp. 134,000.00 Nichter Associates, Inc. 134,700.00 BRD, Inc. 138,000.00 Gerald T. Stay Co. 138,990.00 Wilsandra Construction 139,000.00 BSC Construction 139,055.00 Plumbing Work Joe Carino Plmbg & Htg 19,642.00 Matthew Kandefer, Inc. 25,540.00 Kandy Co., Inc. 36,900.00 Heating & Ventilating Work Buffalo Sheet Metals, Inc. 4,100.00 Vastola Htg & Air Conditioning 5,000.00 Joe Carino Plmbg & Htg 7,584.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction Work - Lakeside Fabricating in the amount of $104,500.00. Plumbing Work - Joe Carino Plumbing & Heating in the amount of $19,642.00. Heating & Ventilating Work - Buffalo Sheet Metals, Inc. in the amount of $4,100.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-095 Division of Buildings. Total Estimate for this work was $125,000. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 26, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for a New Concession Addition to LaSalle Park Shelter House, for General Construction work to Lakeside Fabricating, in the amount of $104,500.00, for Plumbing work to Joe Carino Plumbing & Heating, in the amount of $19,642.00 for Heating and Ventilating work to Buffalo Sheet Metals, Inc. in the amount of $4,100.00 the lowest responsible bidders. Funds for this work are in B/F 200-402-095 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 53 Report of Bids - Repair to City Sidewalks 1992 -1993 This is to advise your Honorable Body that I have advertised and received bids on July 22, 1992 for Repair to City Sidewalks - 1992 - 1993. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: 1. Master's Edge, Inc. $262,275.00 2. Campobello Construction Co., Inc. $270,125.00 3. ABP concrete Const. Inc. $279,700.00 4.Cemulini-Pecoraro Const.. $283,800.00* 5. M.P.J. Contracting, Inc. $298,425.00 6. Sunshine Concrete Co., Inc. $304,825.00 7. Tri-Star Const. Co $377,757.75 *adjusted amount I hereby certify that the lowest responsible bidder for the above project is Master's Edge, Inc. with their bid of $262,275.00 the cost thereof to be charged to account #100-401-014-00-561 in an amount not to exceed $300,000.00 The engineers estimate for this work is $300,000.00. The attached is certified to be a true and correct statement of the two lowest bids received. Under provisions of the General Municipal Law any of the bidders may withdraw his bid if an award of the contract is not made by September 7, 1992. Individual bid submissions are available in our office for inspection and copies are available upon request. Attached herewith is a tentative list of streets that have been selected for sidewalk replacement work during~ the 1992 construction season. Mr. Higgins moved: That the communication from the Department of Public Works, dated July 27, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for Repair to City Sidewalks 1992-1993 to Master's Edge, Inc., the lowest responsible bidder, in the amount of $262,275.00. Funds for this work are in #100-401-014-00-561. PASSED. AYES- 12 NOES- 0. No. 54 Emergency Reconstruction - Ohio Street Lift Bridge over the Buffalo River The buffer systems which protect the north and south bridge abutments at the Ohio Street Lift Bridge have deteriorated, causing the buffer system to fall to the bottom of the Buffalo River. This has caused a navigational hazard in the river and also leaves the bridge susceptible to damage if a vessel should collide with the now unprotected abutments. I have therefore declared this an emergency situation and will be accepting bids to do immediate reconstruction of the buffer system. I, therefore, request your Honorable Body's authorization to enter into a contract for this work. Due to this serious condition, your immediate approval of this item is necessary. Funds for this work are available in the Division of Engineer account #200-401-084. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 26, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for Emergency Reconstruction of the Buffer System, Ohio Street Lift Bridge over the Buffalo River, to the lowest responsible bidder. Funds for this work are in the Division of Engineer account #200-401-084. PASSED. AYES- 12 NOES- 0. No. 55 Change in Contract - Change Order #2 Jefferson Avenue-Phase Il-Group #324 Contract #91636100 Destro & Brothers Concrete Company Inc. Item No. 42, C.C.P. 5/28/91 I hereby submit to your Honorable Body the following "no cost" negotiated unit price additions to the contract. 1. The Board of Education requested that the Department of Public Works install two waterlines from the 16" main in Jefferson Avenue for the proposed school at the Northeast corner of Jefferson and Best. ITEM NO. DESCRIPT.NEGOTIATED ACTUAL COST UNIT PRICE QUANTITY 09.106 6"Ductile Iron $15. 90 Lin.Ft. $1,350.00 Pipe 09.108 8"Ductile Iron $17. 84 Lin.Ft. $1,428.00 Pipe 09.116 16" Ductile Iron $34. 10.3 Lin.Ft. $350.20 Pipe 09.410 Waterline Pipe $3.50 977 Lbs. $3,419.50 Specials 09.506 Water Valves & $750. 1 Each $750.00 Boxes "6" Inch Diameter 09.508 Water Valves & $880. 1 Each $880.00 Boxes "8" Inch Diameter 09.415 12" & 16" $16,000 Lump Sum $16,000 Underground Casings TOTAL $24,177.70 CONTRACT SUMMARY Original Contract Amount $1,155,344. Change Order #1 $ 54,497. Change Order #2 (This Change Order) $ 0. TOTAL $1,209,841. Funds for this additional work will be available when we receive payment from the Board of Education. This work will require no extension of time. The second low bidder for this contract was DiPizio Construction Company, Inc., in the base bid amount of $1,175,868.80. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Destro & Brothers Concrete Company, Inc.. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 14, 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. at "no cost" negotiated unit price additions to contract #91636100 for work relating to the Jefferson Avenue - Phase II - Group #324. Funds for this additional work will be available when payment is received from the Board of Education. PASSED AYES- 12 NOES- 0. No. 56 Change in Contract General Reconstruction 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 Sts., Buffalo, New York, Burgio & Campofelice, Inc. C-91610400: 1. Brick up six openings for ductwork and cut one additional opening for relocated ductwork. ADD $1,607.00 2.Relocate lintel at entrance to restrooms to accommodate ductwork. ADD $1,350.00 This change was the result of moving the ductwork from the corridor to the gymnasium and move the ductwork due to previous electrical installation. The foregoing change results in a net increase in the contract of Two Thousand' Nine Hundred fifty-seven and 00/100 Dollars ($2,957.00). Summary Original Amt.. 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 Change Order No. 5 CCP 30 6-9-92 ADD 1,088.94 Amount of this change (No.6) ADD 2,957.00 Revised Amount of Contract $1,612,502.15 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. Higgins moved: That the communication from the Department of Public Works, dated July 13, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 6 to Burgio & Campofelice, Inc., in the amount of $2,957.00 for additional work under contract C-91610400 for work relating to the General Reconstruction of the Old First Ward Community Center, with said cost to be charged against B/F 200-402-024 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 57 Change in Contract Old First Ward Community Center Republic & Tennessee Sts. I herewith submit to Your Honorable Body the following change in contract for the Old First Ward Community Center, Joe Carino Plumbing & Htg C-91610300: 1. Furnish and install new piping and sink in Room 125. ADD $520.00 This is a new requirement for the food bank allowing them to distribute food. The foregoing change results in a net increase in the contract of Five Hundred Twenty and 00/100 Dollars ($520.00) Summary Original Amount of Contract $114,519.00 Amount of this change (No. 1) ADD 520.00 Revised Amount of Contract $115,039.00 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 200-402-024 - 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. Higgins moved: That the communication from the Department of Public Works, dated August 24, 1992, be received and filed; and that the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Joe Carino Plumbing & Heating, in the amount of $520.00 for additional work under contract C-91610300 for work relating to the Old First Ward Community Center, with said cost to be charged against B/F 200-402-024 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 58 Change in Contract Electrical Reconstruction Ontario Street Boat Launch Ramp Site I herewith submit to Your Honorable Body the following change in contract for the Electrical Reconstruction of the Ontario Street Boat Launch Ramp Site, Cannon Electric, Inc. C-91634300: 1. Add conductors form transformer to panel transformer and meter ADD $2,675.00 This work was necessary since neither item was part of this contract. The foregoing change results in a net increase in the contract of Two Thousand Six Hundred Seventy-five and 00/100 Dollars ($2,675.00). Summary Original Amount of Contract $10,600.00 Amount of this change (No. 1) ADD . 2,675.00 Revised Amount of Contract $13,275.00 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 200-601-038 - Department of Parks. 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. Higgins moved: That the communication from the Department of Public Works dated July 13, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Cannon Electric, Inc. in the amount of $2,675.00 for additional work under contract #91634300 relating to the Electrical Reconstruction of the Ontario Street Boat Launch Ramp Site, with said cost to be charged against the Department of Parks B/F 200-601-038 account. PASSED. AYES- 12 NOES- 0. No. 59 Change in Contract Reconstruction of Pools Various Locations - 1992 I herewith submit to Your Honorable Body the following change in contract for the Reconstruction of Pools, Various Locations - 1992, Patterson-Stevens, Inc. C-91649500: Schiller Pool 1. Reconstruct pool liner ADD 470.06 2. Replace missing and broken glass block. ADD 1,121.20 Allison Pool 1. Reconstruct damaged swimming pool. ADD 369.94 2. Remarcite pool. ADD 6,520.00 J.F.K. Pool 1. Replace damaged platforms & steps. ADD 1,177.01 Kensington Pool Building Replace stolen gravel stop & flashing ADD 1,170.00 These are all items that were damaged or removed between bidding last fall and start of work this spring. The foregoing change results in a net increase in the contract of Ten Thousand Eight Hundred Twenty-eight and 21/100 Dollars ($10,828.21). Summary Original Amount of Contract $87,825.00 Amount of this change (NO. l) ADD 10,828.21 Revised Amount of Contract $98,653.21 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and to be fair and equitable. Funds for this work are in BF 200-402-063 - 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. Higgins moved: That the communication from the Department of Public Works dated August 25, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Patterson Stevens, Inc., in the amount of $10,828.21 for additional work under contract #91649500 for work relating to the Reconstruction of Pools, Various Locations - 1992, with said cost to be charged against B/F 200-402-063 - Division of Buildings. PASSED. AYES - 12 Noes - 0. No. 60 Change in Contract University Heights Community Center Joseph Davis, Inc. I hereby submit to Your Honorable Body the following change in contract for the University Heights Community Center, Joseph Davis, Inc., C-91605200: 1. Charge for clean-up performed by general contractor Deduct $161.50 The foregoing change results in a net decrease in the contract of One-Hundred Sixty-One and 50/100 Dollars ($161.50). Summary: Original Amount of Contract $538,300.00 Change Order #1, CCP 7/7/92, #36 Add 1,330.00 Amount of This Change (#2) Deduct 161.50 Revised Amount of Contract $539,468.50 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 Works to issue a change order to the contractor as set forth above. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 24, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 2 to Joseph Davis, Inc., in the amount of $161.50 for additional work under contract C-91605200 for work relating to the University Heights Community Center, with said cost to be charged against B/F 200-402-518 - Division of Buildings. PASSED. AYES - 12 Noes - 0. No. 61 Change in Contract University Heights Community Center Joe Carino Plumbing Co. I herewith submit to Your Honorable Body the following change in contract for the University Heights Community Center, Joe Carino Plumbing Co. C-9l606800: 1. Install and remove gas lines to vent heaters for temporary heat Add $5,947.00 The foregoing change results in a net increase in the contract of Five Thousand Nine Hundred Forty Seven and 00/100 Dollars ($5,947.00). Summary: Original Amount of Contract $194,623.00 Change Order No. 1, CCP #29, 6/9/92 Add $4,958.00 Change Order No. 2, CCP #37, 7/7/92 Add $1,400.00 Amount of This Change (No. 3) Add $5,947.00 Revised Amount of Contract $206,928.00 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 Works to issue a change order to the contractor as set forth above. Mr. Higgins moved: That the communication from the Department of Public Works, dated August l, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 3 to Joe Carino Plumbing Co., in the amount of $5,947.00 for additional work under contract C-91606800 for work relating to the University Heights Community Center, with said cost to be charged against B/F 200-402-518 - Division of Buildings. PASSED. AYES - 12 Noes - 0. No. 62 Change in Contract University Heights Community Center Concept Construction I hereby submit to Your Honorable Body the following change in contract for the University Heights Community Center, Concept Construction Co., C-91592600: 1. Provide and install hollow core birch doors in closets of day care area. Add 322.00 2. Modify reception lobby counter. Add 281.00 Furnish and install exterior letters. Add 700.00 4. Install volleyball sleeves . Add 2,237.00 5. Install fascia drop between lobby and stair A. Add 350.00 6. Install floor tile in Tenant Space#136. Add 1,259.00 7. Install counter in Library #107 . Add 2,758.00 8. Provide volleyball paint stripes. Add 345.00 9. Modify crossbracing in gym trusses for duct access. Add 1,386.00 10. Omit dropwall in ceilings of Library and Social Services. Deduct 604.00 1 1 Provide additional cleaning of floor tiles .Add 646.00 12. Install miscellaneous drywall breaks. Add 323.00 $10,003.00 The foregoing change results in a net increase in the contract of Ten Thousand Three and 00/100 Dollars ($10,003.00). Summary: Original Amt.. 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 Change Order No. 3, CCP #28,6/9/92 Add 9,871.50 Change Order No. 4, CCP #34, 7/7/92 Add 4,121.00 Amount of This Change 10,003.00 Revised Amount of Contract $2,568,969.50 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 Works to issue a change order as set forth above. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 24, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 5 to Concept Construction Co., in the amount of $10,003.00 for additional work under contract C-9l592600 for work relating to the University Heights Community Center, with said cost to be charged against B/F 200-402-518 - Division of Buildings. PASSED. AYES - 12 NOES - 0. No. 63 Change in Contract University Heights Community Center Warren's Electric I hereby submit to Your Honorable Body the following change in contract for the University Heights Community Center Warren's Electric C-91605100: 1. Install electrical service for temporary heat. Add $879.75 2. Install exit sign in basement outside Room #11 Add 390.42 3. Charge for clean-up performed by general contractor. Deduct 161.50 4. Furnish and install two (2) Soundsphere 110A/MD speakers in gymnasium. Add 1,877.95 5. Furnish and install penthouse roof lighting, waterproof duplex outlets, and exit sign. Add 5,452.30 The foregoing change results in a net increase in the contract of Eight-Thousand Four-Hundred Thirty-Eight and 92/100 Dollars ($8,438.92). Summary: Original Amount of Contract $213,373.00 Change Order #1, CCP #38, 11/28/91 Add 38,644.60 Change Order #2, CCP #35, 7/7/92 Add 13,540.50 Amount of This Change (#3) Add 8,438.92 Revised Amount of Contract $273,997.02 This change could not be foreseen at the time contract was let. Costs have been reviewed by Consulting Architect, Donald E. Brundage, and the Department of Public Works and found to be fair and equitable. Funds for this work are in Buildings B/F 200-402-518. 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. Higgins moved: That the communication from the Department of Public Works, dated August 25, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 3 to Warren's Electric, in the amount of $8,439.92 for additional work under contract C-91605100 for work relating to the University Heights Community Center, with said cost to be charged against B/F 200-402-518 - Division of Buildings. PASSED. AYES - 12 Noes - 0. No. 64 Change In Contract - Change Order #l Walden Heights Subdivision Contract #91654700 I hereby submit to your Honorable Body the following change in contract for the above mentioned project. 1. Additional Work - During construction it was decided due to the unstable condition of the existing subgrade it would be necessary to use a filter fabric material to prevent contamination of the existing clay into the new stone subbase. ITEM DESCRIPT.NEGOTIATED ESTIMATED COST NO. PRICE QUANTITY 08.410 Filter Fabric $1.25 Sq.Yd. 10,000 Sq.Yd. $12,500 2. Deleted Work - The road in the Subdivision was designed to be constructed using 7" of Binder Base, 2" of Binder and 1 1/2" of Asphalt Top. We feel the 2" of Binder would not be necessary in the Subdivision due to the low volume of heavy traffic. This would amount to a savings of approximately $34,464 (Item #403.13). Summary Deleted Work $34,464 Additional Work $12,500 Savings $21,964 I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Destro Brothers Construction Company, Inc. Mr. Higgins moved: That the communication from the Department of Public Works, dated July 31, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Destro Brothers Construction Co., in the amount of $12,500.00 for additional work under contract C-9l654700 for work relating to the Walden Heights Subdivision. PASSED. AYES - 12 NOES - 0. No. 65 Change in Contract New Parkside Entrance Buffalo Zoo I herewith submit to Your Honorable Body the following change in Contract for the New Parkside Entrance, Buffalo Zoological Gardens, Ferraina Construction C-9l625800: 1. Deduct for grading and seeding, sliding windows and blacktop not provided by the contractor DEDUCT $6,700.00 This credit was requested by the Zoological Society. The foregoing change results in a net decrease in the contract of Six Thousand Seven Hundred and 00/100 Dollars ($6,700.00) Summary Original Amount of Contract $481,000.00 Change Order No.1 CCP 22 12-10-91 DEDUCT 3,593.00 Change Order No. 2 CCP 32 3-31-9 2 ADD 1,971.00 Amount of this change (No.3) D EDUCT 6,700.00 Revised Amount of Contract $472,678.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-070 - 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. Higgins moved: That the communication from the Department of Public Works, dated July 22, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order No. 3 to Ferraina Construction, for changes resulting in a net decrease in the amount of $6,700.00 for work under contract C-9l625800 relating to the New Parkside Entrance, Buffalo Zoo, with said cost to be charged against B/F 200-402-070 - Division of Buildings. PASSED. AYES - 12 NOES - 0. No. 66 Permission to engage services of Consultants for Jewett Ave. Bridge, Stevenson St. Bridge & Southside Parkway Bridge reconstruction I hereby request your Honorable Body's permission to engage the services of consultant engineers to prepare plans and specifications and receive bids for the following projects: Replacement of Jewett Avenue Bridge Reconstruction of Stevenson Street Bridge over Cazenovia Creek Reconstruction of Southside Parkway Bridge over Cazenovia Creek Funds for the Jewett Avenue Bridge project are available from a future Division of Engineering capital bond fund and the New York State Aid to Local Bridge Program. Funds for the Stevenson Street and Southside Parkway Bridges are available in capital bond funds 200-401-002 and 200-401-004. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 26, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of consultant engineers to prepare plans and specifications and receive bids for Jewett Avenue Bridge, Stevenson Street Bridge and Southside Parkway Bridge Reconstruction. Funds for the Jewett Avenue Bridge project are available from a future Division of Engineering capital bond fund and the New York State Aid to Local Bridge Program. Funds for the Stevenson Street and Southside Parkway Bridges are available in capital bond funds 200-401-002 and 200-401-004. PASSED. AYES - 12 NOES - 0. No. 67 Payment for Stored Material Old First Ward Community Center Burgio & Campofelice, Inc. The General Contractor, Burgio & Campofelice Inc. - C-9l6l0400 for the new building at the Old First Ward Community Center has requested prepayment for stored materials incorporated into the project. The value of these materials are: Franklin stainless steel range and shelf 1,908.79 Compact custom booster w/legs 1,155.00 Hand sink with skirt 669.00 3,732.79 I recommend that Your Honorable Body authorize the payment of 80% of their invoiced cost for these materials, but not to exceed $2,986.23. Copies of invoices, proof of possession and an insurance policy protecting the City of Buffalo against loss, damage or deterioration in the full amount of their invoice have been provided. The Contract (#91610400) is currently encumbered against B/F 200-402-024 - Division of Buildings. Mr. Higgins moved: That the communication from the Department of Public Works, dated August 24, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to make a payment of 80% of the invoiced cost of the following stored materials: Franklin stainless steel range and shelf $1,908.79 Compact custom booster w/legs 1,155.00 Hand sink with skirt 669.00 $3,732.79 Such payment not to exceed $2,986.23, is to be made to Burgio & Campofelice, Inc., the General contractor for the new building at the Old First Ward Community Center, Contract No. 91610400. Funds are available in B/F 200-402-024 Division of Buildings. PASSED. AYES - 12 NOES - 0. Item No. 68 5 Genesee Street requests permission to encroach city right of way Mr. Jay H. Gershberg, owner of The Bagel Bros., located at 5 Genesee Street, has requested permission to install two doors which, when opened, encroach City right of way at said address. The proposed doors are part of a renovation project to the existing building. The Department of Public Works has reviewed Mr. Gershberg's 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 installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the doors be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar 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 doors. Mr. Higgins moved: That the communication from the Department of Public Works dated August 26, 1992, be received and filed; and That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Jay H. Gershberg, owner of The Bagel Bros., at 5 Genesee Street, to install two doors which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the doors be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said doors. PASSED. AYES - 12 NOES - 0. FROM THE COMMISSIONER OF PARKS Item No. 69 Staffing Cazenovia and Lovejoy Swimming Pools This is to advise Your Honorable Body of this Department's intentions regarding the opening of Cazenovia and Lovejoy indoor swimming pools for the 1992-93 fiscal year. As you will recall the budget submitted to you included $520,000 for seasonal workers, a reduction from prior years based in part on the assumption that these two pools would be alternately closed on a monthly basis from September through June. Your Honorable Body expressed a desire to keep the pools open year round by adding $173,000 to a general city miscellaneous charges account (outside the Parks Departmental budget) labeled "Indoor Pool 12 month Operation." However, you simultaneously reduced the departmental account for seasonal workers by $213,000 resulting in a net decrease of $40,000 from what was available in the recommended budget for operating the pools on an alternate monthly basis. I have met with the Councilmembers who represent the districts that include the two pools, Councilmembers Higgins and Bakos, to determine if the indoor pools could be kept open and the outdoor swimming pools and city ice rinks could be adequately staffed under the adopted budget. Councilmember Higgins presented me with a proposal from a not-for-profit group for them to manage the Cazenovia pool. My review of that proposal leads me to believe that the City is best equipped to staff these pools because of the support staff and resources available from the Parks Department. However, to operate within budget it will be necessary to streamline operations. 1 will be combining the functions of fee collectors and pool and ice rink attendants where practical. I also expect to save money from the outdoor pools this summer because of the unusually high number of rainy days. If the $173,000 budgeted in the general city charges account is transferred to my departmental budget and I include an additional $17,000 of estimated revenues to be realized from keeping the pools open I would have a total of $497,000 available for ice rinks and outdoor and indoor swimming pools. I estimate that by combining job functions as I mentioned earlier and by using the attrition savings to be realized from the outdoor pools this summer I will be able to provide all these services for somewhere between $500,000 and $540,000. It is my recommendation to increase my departmental appropriation by transferring the $173,000 from the general city charges and including the $17,000 additional estimated revenue. If this occurs, the Parks Department will attempt to operate the pools and ice skating rinks within the revised budget. An evaluation will be made later in the year to determine if there is a need to further adjust appropriations or curtail any Services. I pledge to do the best I can with the limited resources that have been provided. RECEIVED AND FILED. FROM THE COMMISSIONER OF POLICE Item No. 70 Checks received Item # 104, C.C.P. 2/2/88 Per C.C.P. # 104 of February 2,1988, attached hereto, please find copies of the following listed checks. 8155-00090889 8155-00090712 8155-00090714 8155-00090894 8155-00090893 8155-00090892 8155-00090898 8155-00090895 8155-00090887 8155-00090896 8155-00090905 8155-00090900 8155-00090613 8155-00090910 8155-00090903 These checks were received by this Department and duly deposited in Trust & Agency Account # 630-065-271-00-000. RECEIVED AND FILED. FROM THE COMMISSIONER OF FIRE Item No. 71 Abandonment and Sale of Portion of Chenango Alley - 13' x 30' The Buffalo Fire Department has no objection for the request of Mr. Mark T. Herman purchasing a portion of Chenango Alley (13 ft x 30 ft) for extra yard space. Chenango Alley has not been a street for at least thirty years and is overgrown with heavy vegetation and many large trees. It could never be used by the Fire Department to fight fires as it is impassible for fire apparatus. RECEIVED AND FILED. No. 72 Certificates of Appointment for Daniel F. Vivian and Gerald P. Whalen The attached Certificates of Appointment will correct the Date of Appointment to the position of Firefighter, for Daniel F. Vivian and Gerald P. Whalen. In September 1990, the two (2) individuals, were certified for appointment, pending results of a medical test, which had not been received because of the holiday weekend. We mistakenly notified them to report to the Fire Academy to begin training at 0800 hours on September 4, 1990, which they did. The results of the test, were received and the original Certificates of Appointment, showed Daniel F. Vivian appointed September 7, and Gerald P. Whalen, appointed September 5, 1990. Since both of these individuals actually began training on September 4, 1990, I would like their appointment dates amended to reflect that fact. Mr. Higgins moved: That the communication from the Department of Fire dated July 31, 1992, be received and filed; and That the appointment dates to the position of Firefighter for Daniel F. Vivian and Gerald P. Whalen be and hereby are amended and corrected to read September 4, 1990, the actual date they began employment. ADOPTED. FROM THE CORPORATION COUNSEL No. 73 Compensation Claim Edward French On June 1, 1983 Edward French was injured while employed as a Caulker for the Division of Water. He injured his back while using a breaker gun. In December of 1983, the Workers' Compensation Board determined that his Injury was casually related to his accident. He underwent a laminectomy and excision of a herniated disc in 1985. As a result of being classified with a permanent partial disability, he is receiving payments of $105 per week. He is 41 years of age. It is estimated that future payments to him will probably total more than $100,000. He is entitled to collect this weekly payment for the rest of his life. Allied Claims Service and FCS Administrators have negotiated a lump sum settlement figure of $35,000. In return, the claimant will waive his rights to all future medical benefits, all claims for lost time from the City and he is waiving all his rights to City employment. A copy of relevant correspondence is enclosed. In light of the above, the Law Department respectfully requests that your Honorable Body authorize the lump sum settlement of this claim for the sum of $35,000. REFERRED TO THE COMMITTEE ON CLAIMS. No. 74 David J. State-Reimbrusement of Pay Please be advised that due to a clerical error, the Certificate of Appointment for David J. State, Assistant Corporation Counsel /Municipal Attorney, was not filed on or before his appointment date and therefore he was denied two (2) days' pay; those days being Thursday, July 30, 1992 and Friday, July 31, 1992 during Pay Period 3, which pay period ended August 2, 1992. We hereby request authorization of payment to this individual for these days. Mr. Higgins moved: That the communication from the Corporation Counsel dated August 7, 1992, be received and filed; and That the payment for the employment dates of July 30, 1992 and July 31, 1992 be and hereby is authorized for Mr. David J. State, Assistant Corporation Counsel /Municipal Attorney. PASSED. AYES- 12 NOES- 0. No. 75 Reimbursement of Pay-Catherine Armitage Please be advised that due to a clerical error the Certificate of Appointment for Catherine Armitage was not filed on or before her appointment date and therefore she is owed two (2) days' pay, those days being Monday, August 3, 1992 & Tuesday, August 4, 1992. Please allow reimbursement as soon as possible. Mr. Higgins moved: That the communication from the Corporation Counsel dated August 21, 1992, be received and filed; and That payment for the employment dates of August 3, 1992 and August 4, 1992 be and hereby is authorized for Ms. Catherine Armitage, Assistant Corporation Counsel /Municipal Attorney. PASSED. AYES- 12 NOES- 0 No. 76 Amendment of Agreement between the City of Buffalo and Buffalo Cable Access Media Enclosed is an Agreement, for Your Honorable Body's approval, that amends the Agreement dated October 10, 1991 between the City of Buffalo and Buffalo Cable Access Media. Specifically, the amendment implements Schedule A which contains provisions for the lease of a vehicle from the City to Buffalo Cable Access Media. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 77 Delaware Park Casino Assignment of Lease We have reviewed the referenced proposal from ParkerBay Consultants Inc. regarding assignment of the Delaware Park Casino lease. We have no objection to the proposal in principle. If your Honorable Body approves the proposal we recommend that the final form of the amendments to the lease be subject to the approval of the Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 78 Saints Home Church of God in Christ Compromise Demolition Liens 536 West Ferry Street Item No. 112, C.C.P., July 7, 1992 This matter was referred to the Committee on Finance, the Comptroller, the Commissioner of Inspections and Community Revitalization and the Corporation Counsel for a response. This involves a request for approval by Your Honorable Body of a compromise in payment of a demolition lien for the property known as 536 West Ferry Street and owned by Saints Home Church of God in Christ. As this office has informed Your Honorable Body on a number of occasions, without legal justification, there is no basis upon which to compromise any demolition costs. To do otherwise would constitute an illegal gift of public funds. Releases of liabilities to the City are provided for in Section 47 of the Charter of the City of Buffalo. It provides in pertinent part, that no compromise or release shall be made to any private individual if the same shall constitute a gift or loan in aid of any individual, private corporation, association or private undertaking, unless there be some clear tangible benefit to the City of Buffalo. The fact that the present owner, the church, is a religious or a not-for-profit corporation has no relevance. Thus, it is the opinion of this department that there is no valid basis to compromise this liability to the City and we feel constrained to inform Your Honorable Body that such an action would be improper. REFERRED TO THE COMMITTEE ON FINANCE. No. 79 Offer to Purchase 275 Jefferson Avenue Sam Hassari 107, C.C.P. July 7, 1992 The above item was referred to the Committee on Finance, the Comptroller and this office for a response. The property in question is a vacant lot located in a commercial area. Title to this vacant parcel is vested in the City of Buffalo. Basically, the sale or transfer of City-owned property is governed by Article 27 of the City's charter. This Article prescribes a public auction or an appraisal method for the sale of City-owned property. The amount of compensation to be paid to the City shall be the value as determined by the public auction bid or the value set by the appraisers. The cost of the appraisal is the responsibility of the purchaser. A two-thirds (2/3) vote of Your Honorable Body is required to authorize the sale of City-owned real property. REFERRED TO THE COMMITTEE ON FINANCE. No. 80 Status of Tax Abatement 1963 Elmwood Item No. 103, C.C.P. 7/21/92 The matter of the tax abatement for 1963 Elmwood Avenue is currently in the appeal process. it is the opinion of this office that the Common Council is without authority to abate real property taxes in the circumstances presented in this case. This opinion is consistent with the position we took when the question first arose over a year ago. REFERRED TO THE COMMITTEE ON FINANCE. No. 81 Cancellation of Assessment at 160 Maple St. and Cancel Tax Lien - 210 Melrose Item No. 222, C.C.P., 7/21/92 Item No. 110, C.C.P., 7/21/92 The Council has the authority to abate assessments for grass cutting if Your Honorable Body finds such charges were erroneous. You may request the Commissioner of Street Sanitation and the Commissioner of Assessment to abate such charges. REFERRED TO THE COMMITTEE IN FINANCE. No. 82 Purchase of Sabre Stock with Bond Proceed Item No. 49, C.C.P., 7/7/92 You have asked for more details concerning my prior opinion that City general obligation bond proceeds could not be used to acquire stock or other ownership interest in the Sabres. My opinion was based on Article VIII, Section 1 of the New York State Constitution, the first sentence of which states as follows: "No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual, or private corporation or association, or private undertaking, or become directly or indirectly the owner of stock in, or bonds of, any, private corporation or association..." u This provision dates back to the 1894 State Constittion which was cognizant of municipalities having gone bankrupt in the late nineteenth century as a result of purchasing stock in railroad companies as an inducement to have rail roads routed through their areas. Many of these companies eventually failed leaving the municipalities with worthless stock and burdened by debt. The above-quoted language was specifically intended to remedy and prevent these problems in the future. RECEIVED AND FILED. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 83 Extension of Time Contract No. 91633500 Site Redevelopment of War Memorial Stadium In accordance with the terms of the general construction contract between the City of Buffalo and Nichter Utility Construction company, Inc., the original completion date for the project was July 28, 1992. Due to extensive time spent removing foundations and debris from the site, installation of a permanent de-watering system and delays due to wet weather, the contractor could not complete the required work. I have therefore granted an extension of time until November 30 1992 to Nichter Utility Construction Company, Inc. to allow them to complete the work. RECEIVED AND FILED. No. 84 Report of Bids Demolition 228 Playter & 241 Sears Parking Facilities, Polish Community Center On August 24, 1992, the Department of Community Development requested and received the following informal proposals for demolition of 228 Playter Street and 241 Sears St. required to construct parking facilities at the Polish Community Center. BIDDER BID Lebis Contracting, Inc. $11,475.00 261 Massachusetts Ave. Buffalo, New York Integrated Waste Services 13,318.00 131 Industrial Drive Grand Island, dew York Great Lakes Dismantling 15,496.00 69 Cemetery Road Lancaster, New York Kimmins Industrial Services 17,449.00 256 Third Street Niagara Falls, New York R.A. Metzger, Inc. 590 Conley Road NO BID Elma, New York Designer's Estimate $15,000.00 The foregoing is a true and correct abstract of all bids received and Lebis Contracting of 261 Massachusetts Avenue is the lowest responsible bidder in the amount of $11,475. Funds for this work are available in Community Development's Capital Project Account 200-717-057. I therefore request that your Honorable Body authorize me to enter into contract with Lebis Contracting, Inc. in the amount of $11,475.00. Mr. Higgins moved: That the communication from the Department of Community Development, dated August 15, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award contract for Demolition of 228 Playter & 241 Sears for parking facilities at the Polish Community Center, to Lebis Contracting, Inc., the lowest responsible bidder, in the amount of $11,475.00. Funds for this work are in Community Development's Capital Project Account 200-717-057. PASSED. AYES- 12 NOES- 0. No. 85 Bond Account Correction Martin Luther King, Jr. Park Wading Pool Consultant Contract Reimann - Buechner Partnership Change Order #2 Please be advised that the wrong Bond Fund (200-717-520) was referenced as the source of funds for the above item. The correct source of funds is Bond Fund 200-717-006 for this project. Mr. Higgins moved: That the communication from the Department of Community Development, dated August 18, 1992, be received and filed; and That the Bond Fund as referenced in Item No. 55, C.C.P., June 23, 1992 be corrected to read 200-717-006. PASSED. AYES- 12 NOES- 0. No. 86 Increase in Contract #91645000 Architectural/Engineering Services Neighborhood Information Center Rehab 1170 Broadway I herewith submit to Your Honorable Body the following increase in contract for additional architectural-engineering services related to the rehabilitation of 1170 Broadway, Contract #91645000 with Ronald W. Bugaj, Architect: 1. Produce design documents-specifications assist in obtaining bids and provide on site project supervision related to asbestos abatement at 1170 Broadway, Buffalo, New York ADD $5,750.00 During the design phase for the rehabilitation of 1170 Broadway it was discovered that asbestos existed, possibly in several forms at the site. Subsequent testing of suspected materials confirmed the presence of asbestos in the forms of pipe insulation, wall plaster, carpet mastic and transite board. Before rehab can proceed it is necessary to properly design and remove asbestos containing materials. This change is necessary to produce design documents and provide project management related to asbestos abatement. A Contract Summary is as follows: Original Contract Sum: $ 9,500.00 Amount this Change - No. 1: 5,750.00 Revised Contract Amount $15,250.00 This is a negotiated price and is deemed to be fair and equitable by the Department of Community Development. Funds are available in Bond Fund #200-717-522. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Ronald W. Bugaj as set forth above. Mr. Higgins moved: That the communication from the Department of Community Development, dated August 26, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to increase contract to Ronald W. Bugaj, Architect, in the amount of $5,750.00 for additional work under contract C-9l645000 relating to the Architectural/Engineering Services, Neighborhood Information Center Rehab, 1170 Broadway, with said cost to be charged against Bond Fund 200-717-522. PASSED. AYES- 12 NOES- 0. No. 87 Increase in Contract - On Site Construction Monitoring Services, Site Redevelopment of War Memorial Stadium I herewith submit to Your Honorable Body the following increase in contract for on site construction monitoring services in conjunction with the Site Redevelopment of War Memorial Stadium, Contract #91640100 with Michael Dickman of 48 Alsace Avenue, Buffalo, New York: - Original Contract for one year with (26) bi-weekly payments of $1,923.08. Contract expires on September 30, 1992. Proposed Contract extension at the same bi-weekly rate of $1,923.08 with a "not to exceed" increase of $12,500.02 which would extend payment until December 31, 1992 if necessary. $12,500.02 A Contract Summary is as follows: ORIGINAL CONTRACT AMOUNT $50,000.00 AMOUNT THIS CHANGE (NOT TO EXCEED) $12,500.02 REVISED CONTRACT AMT. (NOT TO EXCEED) $62,500.02 Funds for this contract extension are available in Bond Fund 200-717-094. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a "not to exceed" Change Order to Michael Dickman for construction monitoring services as described above. Mr. Higgins moved: That the communication from the Department of Community Development, dated August 25, 1992, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to increase contract to Michael Dickman, in the amount (not to exceed) $12,500.02 for additional work under contract C-91640100 for Site Redevelopment of War Memorial Stadium, with said cost to be charged against Bond Fund 200-717-094. PASSED. AYES-12 NOES- 0. No. 88 EAF-Polish Community Center - Petition to Rezone 104-120 Lewis Street from M2 to R3 (R5). Attached for your information is the Short Environmental Assessment Form for the matter referenced above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 89 Polish community Center-Rezone 104 Lewis-Senior Housing Item # 111, C.C.P., 7/21/92 I have received the subject rezoning and support it. This action will permit the construction of 32 units of elderly housing. REFERRED TO THE COMMITTEE ON LEGISLATION. No.90 Mr. Pizza - Request to Expand an Existing Restaurant at 2368 Seneca St. Item No. 112, C.C.P., July 21, 1992. Attached for your information is the Short Environmental Assessment Form for the matter captioned above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 91 Approval of Land Disposition Agreement Buffalo Columbus Hospital-Waterfront Redevelopment Project NYR-35 Disposition Parcels 19 & 19D The City of Buffalo Urban Renewal Agency duly designated Columbus Hospital and/or a joint venture, partnership, corporation or other legal entity to be formed as a qualified and eligible Redeveloper for the subject property. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and in anticipation that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution Setting Public Hearing 2. Notice of Public Hearing 3. Resolution Approving Proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 92 New Buffalo Industrial Park Portion of Disposition Parcel 5 Approval of Lease Agreement - Scrivner of New York, Inc. The City of Buffalo Urban Renewal Agency duly designated Scrivner of New York, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as a qualified and eligible Redeveloper for the subject property. The Agency has also determined that the proposed Lease Agreement negotiated by the Agency and the Redeveloper as satisfactory. Please be advised that in accordance with provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and in anticipation that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution Setting Public Hearing 2. Notice of Public Hearing 3. Resolution Approving Proposed Lease Agreement 4. Proposed Lease Agreement After the Public Hearing is held, Your Honorable Body may adopt a resolution authorizing the Lease of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 93 Certificate of Appointment Appointment effective July 14, 1992 in the Department of Community Development, Division of Planning Thomas W. Marchese 17 Gold Street, Buffalo 14206 to the position of Sr. Planner (Historic Preservation), Permanent at the starting salary of $32,607 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF STREETS No. 94 Removal of Stone 119 LaSalle Item # 22, C.C.P. July 7, 1992 As this referenced property comes under the jurisdiction of the Division of Real Estate, I believe the decision to contract any work, in regards to the above mentioned property should be determined by that department. REFERRED TO THE COMMITTEE ON FINANCE. No. 95 Certificate of Appointment Appointment effective August 24, 1992 in the Department of Street Sanitation, Andrew J. Kleinfelder, 54 Juniata Place, Buffalo, New York 14210 to the position of Laborer II , Permanent at the starting salary of $21,875. REFERRED TO THE COMMITTEE CIVIL SERVICE. No. 96 Certificate of Appointment Appointment effective July 27, 1992 in the Department of Street Sanitation, Daniel E. Lewandowski, 53 Pierpont Avenue, Williamsville, NY 14221 to the position of Truckdriver, Permanent at the startling salary of $22,815. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 97 Certificate of Appointment Appointment effective July 1, 1992 in the Department of Street Sanitation, Richard T. Leverentz, 175 McKinley Pkwy., Hamburg, N.Y. 14075 to the position of Supervisor of Street Sanitation I Permanent at the starting salary of $23,368. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 98 Community Wide Urban Renewal Homestead Program Amendment to Land Disposition Agreement Stadium Heights New Housing Project BBZ Development Company, M.J. Peterson Development Corp. and Phase III Paul Development The City of Buffalo Urban Renewal Agency duly designated the subject Developers, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 99 Additional Information - Permission to Accept CDBG Fund Transfer.- Saint Columba's Square New Housing Item # 83, C.C.P. 7/21/92. The subject item was approved by your Honorable Body on 7/21/92. Please be advised that the CDBG funds referenced therein will be transferred from CDBG Account 92-50900 (instead of CDBG Account 90-40100) to CPA Account 200-717-038. RECEIVED AND FILED. No. 100 Pre-Demolition Asbestos Survey for 694-710 Swan Street Pre-Demolition Asbestos Survey bids for the above stated property were secured on July 20, 1992. Please be advised that four (4) contractors submitted bid offers and that the contract will be awarded to the following: ADDRESS AND OWNER CONTRACTOR &AMT OF BID 694-710 Swan Street OPTEX Environmental & Scientific Charles Jones and Services Corp. MarIa Bator 325 Elmwood Avenue, Bflo., NY 705 Linwood Avenue $1,725.00 Buffalo, New York 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. Higgins moved: That the communication from the Department of Inspections and Community Revitalization, dated July 28, 1992, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is authorized to award contract for Pre-Demolition Asbestos Survey for 694-710 Swan Street, to OPTEX Environmental & Scientific Services Corp., in the amount of $1,725.00. Funds for this work are in the # 100-241-011-00-583 Account. PASSED. AYES- 12 NOES - 0. No. 101 Phase 1 Environmental Audit - 1489 Fillmore Avenue - aka General Electric Plant CCP Item # 65 dated June 9, 1992 It has been determined by our department that an amendment to the contract between the City of Buffalo and Monroe Monitoring & Analysis, Inc. of an additional amount of $2,550.00 to cover the cost of a Phase l Environmental Audit to be performed by this contractor on the property located at 1489 Fillmore Avenue, Buffalo, New York. 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. Higgins moved: That the communication from the Department of Inspections and Community Revitalization dated July 23, 1992, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to amend a contract to Monroe Monitoring & Analysis, Inc., to include an additional amount of $2,550.00 to cover the cost of Phase I Environmental Audit, 1489 Fillmore Avenue. Funds for this project are to be charged to # 100-241-011-00-583 Account. PASSED. AYES - 12 NOES - 0. No. 102 Request for compromise of demolition costs for 536 West Ferry Item No. 112, C.C.P. July 7, 1992 With regard to the above mentioned property, Saints Home Church of God in Christ, please be advised that all State and City laws were complied with in the demolition of this church. REFERRED TO THE COMMITTEE ON FINANCE. No. 103 Mrs. O'Neil-Noise/Health Complaint- Walter Street Item No. 93, C.C.P. dated June 23, 1992 Please be advised although the business located at 31 Walter St. has complied with all required conditions for operation at this location, we continue to receive complaints. Inspector Tom Mills has made inspections on a regular basis and requested that the grounds be kept clean and free of debris. The owner has complied after each request. The owner feels he has been harassed and is planning to move this business elsewhere. It Is our suggestion that some form of action be taken by your honorable body toward this property, so as to prevent this problem from reoccurring. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 104 K. Blackford- Property Complaints 474 Main/15 Greenfield Item No. 101, C.C.P. Dated July 7, 1992 With regard to the above subject properties please be advised of the following: 2474 MAIN: (aka 5 Greenfield). This property was inspected on July 16, 1992 by Inspector Peter Klemann; whereby on this date he noted the property was originally two apartments and three stores. Now it is configured as a five bedroom upper and three apartments unoccupied on the first floor. The owner had plans reviewed for a five unit dwelling, three apartments on the first floor and two on the second floor. At the time of the Inspection Mr. Klemann noticed the upper floor has been remodeled and half is occupied. The lower apartments are at various stages of construction, however no work has gone on apparently for some time. Note: 2 apartments were not occupied by families, but roommates. 15 GREENFIELD: Upon Mr. Klemann's Inspection he noted this property has four apartments. Two in the front and two in the rear. Additionally, the owner, Mr. Johnston showed Inspector Klemann the third floor which has a habitable pair of rooms, kitchen and dining room. These have been here since the 1920's. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 105 Immediate Demo of Friendly Inn South Park and Alabama Item No. 210, C.C.P. Dated July 21, 1992 With reference to the above subject property, please be advised the correct address of this building is 513 South Park Avenue. The Law Department has reviewed this property for bids. We will take bids on August 13, 1992 at 10:00 am in Room 304 City Hall. We trust this will satisfy your Inquiry. RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 106 Certificate of Appointment Apppointment effective August 24, 1992 in the Department of Human Resources, Division of Substance Abuse Services, Kathleen Cunningham-Isch, 317 Woodside Avenue, Buffalo 14220 to the Position of Case Manager, Permanent, at the starting salary of $ 23,652. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 107 Waiver of Performance Bond Lads Pet Supplies for Contract - Dog Food for City of Buffalo, Agencies and Authorities Formal bids were opened on August 11, 1992 for the above contract after being advertised in the Buffalo News and several smaller publications. Lads Pet Supplies, 1391 Wisconsin Road, Derby, New York, was the only bidder, and is currently a supplier of dog food to the Police Department and the Parks Department Since Mr. W. H. Smith, the owner, is unable to obtain a performance bond, I am requesting permission to waive this requirement, as per C.C.P. # 183, dated December 8, 1987. The amount bid was $19473.45 for fiscal year 1992-93. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MUNICIPAL CIVIL SERVICE COMMISSION No. 108 Bumping Rights of Former Fireboat Personnel At a meeting held on July 29, 1992 the Commission considered your communication of July 23, 1992 requesting information relative to the bumping rights of former Fireboat personnel. In said communication you requested "an explanation as to what is meant by putting the personnel recently laid off from the fireboat on a preferred list and if these individuals have any bumping rights within the fire department." Be advised that in the event of a layoff it is the responsibility of the Civil Service Commission to determine if the people effected by a layoff have any rights to bump or retreat to another position in their department. The personnel from the Fireboat Edward M. Cotter did not have any bumping or retreating rights. As a result their names were placed on a preferred eligible list. Said list will be used to fill positions in the same or similar titles. Said preferred lists will remain in existence for four years. I trust this satisfies your inquiry. If you have any further questions in this regard, please contact me. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 109 Charter Revision Commission Report I transmit herewith the report of the 1992 Charter Revision Commission. This report was filed in my office on Thursday, August 27, 1992. As per their transmittal letter I will file this report with the Board of Elections for inclusion on the November 1992 ballot. RECEIVED AND FILED. No. 110 Proposed Amendments pertaining to the operation agreement with the Buffalo Water Authority I transmit herewith proposed amendments to the operation agreement between the City of Buffalo and the Buffalo Water Authority. These amendments were submitted for consideration by Councilmember Eugene M. Fahey. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 111 Claims - Inventory & Stores Printing Services for Council Attached please find PO # 10641200 payable to the Division of Inventory & Stores for Printing of various forms, reports, memo pads, envelopes, etc. for Council Staff, City Clerk, and all Councilmembers including proofs, negatives & flats for Ernst Press. This order was encumbered for $2500.00 out of FY 90-91 and was charged for various jobs through the year. During the budgetary deliberations of this year, while reviewing appropriations, this Purchase Order was inadvertently disencumbered and cancelled. Subsequently the Division of Inventory & Stores has issued Invoice # AR028820 dated 7/15/92 for $2500.00. I feel that Inventory & Stores should be paid for these services and ask that this claim be forwarded to the Council Claims Committee for subsequent payment of $2500.00 to that Division. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 112 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. Mayor/Mayor-Executive Public Works- Division of Water Administration and Finance RECEIVED AND FILED. No. 113 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 2090 Genesee St. Edmund Schulak 3250 Bailey Ave. MacShaw's MacShaw's Inc. 1224 Hertel Ave. Bain-Appetit, Inc. Bain-Appetit, Inc. RECEIVED AND FILED. No. 114 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: Comptroller- Richard A. Butler, Rosemarie McKenna, Mary O'Rourke Fire- Thomas Meldrum Corporation Counsel- Colleen M. Strachan Street Sanitation- Joseph Thomasulo Human Resources- Theresa Vito General Services- Gail Lis RECEIVED AND FILED. No. 115 Reports of Attendance- Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board Emergency Medical Services Board Municipal Housing Authority Zoning Board of Appeals RECEIVED AND FILED. No. 116 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 July 16, 1992 in the Department of Common Council Division of City Clerk to the position of Intern II, Seasonal at the starting salary of $4.25/hr. Melanie Blackwell, 898 Glenwood, Buffalo, 14211 John Davis, 268 Krettner, Buffalo, 14204 Appointment effective July 17,1992 in the Department of Common Council, Division of City Clerk to the position of Intern II, Seasonal at the starting salary of $4.25/hr. Aqila Wiley, 64 E. Depew, Buffalo 14216 Trevor Drayton, 16 Admiral Rd., Buffalo, N.Y. 14216 Jocelyn Platt, 59 Admiral Rd., Buffalo, N.Y. 14216 Kahli Peoples, 79 Roehrer, Buffalo, N.Y. 14208 Appointment effective July, 20 1992 in the Department of Common Council, Division of City Clerk to the position of Intern II Seasonal at the starting salary of $ 4.25/hr. Tameshia D. Coles, 32 Midway St., Buffalo 14215 DeCarlo McNeil, 201 May St., Buffalo, 14212 Appointment effective July 24, 1992 in the Department of Common Council, Division of City Clerk Steven Marchiano, 120 Grace St. Buffalo, 14207 to the position of Intern II, Seasonal at the starting salary of $4.25/hr. Appointment effective July 27, 1992 in the Department of Common Council, Division of City Clerk, Summer DeBenedetti, 215 Military Buffalo, 14207 to the Position of Intern II, Seasonal at the starting salary of $4.25/hr. No. 117 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM Appointment effective July 20, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field David Maloney, Jr., 16 Lakewood Ave., Buffalo, 14220 to the position of Laborer I, Seasonal at the starting salary of $ 5.98/hr. Appointment effective July 24, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field to the position of Laborer I, Seasonal at the starting salary of $ 5.98/hr. Kevin R. Paul, 68 Dundee Street, Buffalo, 14220 Timothy J. Hennigan, 53 Ashton Place, Buffalo, 14220 Appointment effective August 18, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field, James J. Pitz, Jr., 20 Euclid Place, Buffalo, 14210 to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. Appointment effective August 10, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field Michael Schieber 168 Dundee Street, Buffalo, 14220 to the position of Sr. First Class Stationary Engineer, Temporary at the starting salary of $7.05/hr. Appointment effective August 17, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field Mark A. Higgins 181 Kentucky Street, Buffalo, 14204, to the position of Senior First Class Stationary Engineer, Temporary at the starting salary of $7.05/hr. FROM THE MAYOR- EXECUTIVE DEPARTMENT Appointment effective July 24, 1992 in the Department of Mayor, Executive, Division of Senior Citizens Richard R. Schultz 283 Holly St., Buffalo, New York 14206 to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. FROM THE DEPARTMENT OF ASSESSMENT Appointment effective July 29, 1992 in the Department of Assessment Mollie D. O'Rourke, 127 Summit Avenue Buffalo, NY 14214 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment effective August 3, 1992 in the Department of Assessment Anthony L. Mays, 35 Sussex St., Buffalo, NY 14215 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment effective August 4, 1992 in the Department of Assessment Teresa M. Crean, 945 Amherst Street, Buffalo, NY 14216 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment effective August 5, 1992 in the Department of Assessment, Raynette M. Neal, 814 Glenwood Avenue, Buffalo, NY 14211 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment effective August 3, 1992 in the Department of Public Works, Division of Water to the position of Clerk, Seasonal at the starting salary of $ 5.00/hr. Mary Frances Fay, 11 Pawnee Parkway, Buffalo, N.Y. 14210 Ann M. Finger, 336 Eden Street, Buffalo, New York 14220 Appointment effective August 3, 1992 in the Department of Public Works, Division of Water Marjorie Sansanese, 19 Admiral Road Buffalo, New York, to the position of Account Clerk, Temporary at the starting salary of $ 5.25/hr. Appointment effective July 20, 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. Christopher Evans, 354 Fargo, Buffalo, NY 14213 Darren Toczek, 147 Bust St., Buffalo, NY 14207 Appointment effective July 27, 1992 in the Department of Public Works, Division of Engineering Timothy Campbell, 205 Marine Drive Apt. 9D Buffalo, NY 14202, to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. Appointment effective July 31, 1992 in the Department of Public Works, Division of Water Thomas Ruggiero, 65 Sterling Avenue Buffalo, New York 14216, to the position of Water Service Worker Seasonal, at the starting salary of $ 6.02/Hr. FROM THE DEPARTMENT OF PARKS Appointment effective July 21, 1992 in the Department of Parks Division of Recreation, Daniel J. Granville, 57 Hansen St., Buffalo NY 14220, to the position of Lifeguard, Seasonal at the starting salary of $5.00/hr. Appointment effective July 31,1992 in the Department of Parks Division of Recreation Ellen Frost, 59 McKinley Parkway, Buffalo 14220 to the position of Lifeguard, Seasonal, at the starting salary of $5.00/hr. Appointment effective August 6, 1992 in the Department of Parks Division of Recreation, Demar Harvey, 415 Grider St., Buffalo 14215 to the position of Lifeguard, Seasonal at the starting salary of $5.00/hr. Appointment effective August 5, 1992 in the Department of Parks Division of Recreation, to the position of Supervising Lifeguard Temporary at the starting salary of $5.75/hr. Amy Bohen, 156 Mckinley Pkwy, Buffalo 14220 William Whalen, 108 Hammerschmidt, Buffalo 14210 FROM THE DEPARTMENT OF POLICE Appointment effective July 22, 1992 in the Department of Police Christine DeGraffenried, 87 W. Balcom St. # 2, Buffalo, NY 14209 to the position of Report Technician, Permanent at the starting salary of $ 19,346. Appointment effective August 3,1992 in the Department of Police Suzanne Cairns, 84 Royal Ave., Buffalo NY 14207 to the position of Report Technician, Permanent at the starting salary of $19,346 Appointment effective July 22, 1992 in the Department of Police Robert B. Collier, 505 Lamarck Dr., Cheektowaga, NY 14225 to the position of Lieutenant, contingent permanent at the starting salary of $40,019. Appointment effective July 22, 1992 in the Department of Police Henry Baranski, 84 Reo, Cheektowaga, NY 14227 to the position of Police Lieutenant, Permanent at the starting salary of $40,019. FROM THE DEPARTMENT OF FIRE Appointment effective August 3, 1992 in the Department of Fire to the position of Fire Lieutenant, Permanent at the starting salary of $39,228. Louis A. Angrisano, 601 Richmond Ave., Buffalo, N.Y. 14222 David Marciniak, 247 Wayside Drive, Depew, New York 14043 Gerald J. Zulawski, 62 Erwin Drive, West Seneca, N. Y. 14224 Frederick Evert, 61 Grant Street, Lancaster, New York 14086 Anthony Matusiak, 44 Brookwood Dr., West Seneca, N.Y. 14224 Richard Panowicz, 307 St. Lawrence Ave., Buffalo, N.Y. 14216 Philip Ryan, 15 Tudor Place, West Seneca, New York 14222 Michael Mitchell, 35 Yale Place, Buffalo, New York 14210 Lawrence Hakes, 52 Clearvale Dr., Cheektowaga, N.Y. 14225 Scott Barry, 6 Henry Drive, Angola, New York 14006 Paul Kneis, 94 Schutrum Street, Buffalo, New York 14212 Patrick Lewis, 5524 Coachmens Lane, Hamburg, N.Y. 14075 James Hayes, 90 East Avenue, Akron, New York 14001 Neil Keane, 25 Hollywood, Buffalo, New York 14220 James LaMacchia, 118 Ashland Avenue, Buffalo, N.Y. 14222 Robert Blake, 29 Minnetonka, Buffalo, New York 14220 Thomas Coyne, 19 Highview Terrace, Buffalo, New York 14220 Michael Croft, 5036 Rogers Road, Hamburg, New York 14075 Calvin Worthy, 99 William Street, Buffalo, New York 14203 Timothy Hazelet, 86 Shoreham Blvd., Buffalo, New York 14216 David Dionne, 35 Delray Avenue, West Seneca, N.Y. 14224 Appointment effective August 3, 1992 in the Department of Fire to the position of Fire Lieutenant, Contingent Permanent at the starting salary of $39,228. Richard T. Curran, 56 Crystal Ave., Buffalo, New York 14220 Donald J. Jones, 414 Downing St., Buffalo, New York 14220 Arthur Ray, 104 Bramblewood Lane, E. Amherst, N.Y. 14051 Appointment effective August 3, 1992 in the Department of Fire to the position of Captain, Permanent at the starting salary of $41,141. Charles Mullins, 80 Hickory Hill, Elma, New York 14059 David Myslinski, 12603 Koepsel Road, Akron, New York 14001 William Keohane, 55 Wardman Road, Buffalo, New York 14217 Thomas McNaughton, 8970 Notre Dame Dr., Eden, N.Y. 14057 John Zaranek, 81 Hillpine Road, Cheektowaga, New York 14227 Appointment effective August 3, 1992 in the Department of Fire to the position of Captain, Contingent Permanent at the starting salary of $41,141. Kenneth Bachara, 113 Woodcrest, W. Seneca, New York 14220 Albert Webber, 187 Buffum, Buffalo, New York 14210 Appointment effective August 3, 1992 in the Department of Fire Thomas Ashe, S-4449 Parker Rd., Hamburg, New York 14075 to the position of Battalion Chief, Contingent Permanent at the starting salary of $44,942. FROM THE DEPARTMENT OF LAW Appointment effective July 30, 1992 in the Department of Law David J. State, 13 Oakhurst Street, Buffalo, NY 14220 to the position of Assistant Corporation Counsel I at the starting salary of $33,997. Appointment effective August 5, 1992 in the Department of Law Catherine E. Armitage, 16 Irving Place, Buffalo, NY 14201 to the position of Assistant Corporation Counsel at the starting salary of $33,997. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective July 22, 1992 in the Department of Street Sanitation Richard T. Leverentz, 6175 McKinley Pkwy Hamburg, NY 14075 to the position of Supervisor of Street Sanitation I, Permanent at the starting salary of $23,368. FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective August 17, 1992 in the Department of Administration and Finance, Division of Labor Relations Rosemarie A. McKenna, 279 Starin Avenue, Buffalo, New York 14216 to the position of Director of Advocacy Office (Handicapping Conditions), Provisional at the starting salary of $33,267. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective August 17, 1992 in the Department of Human Resources, Division of Substance Abuse Services Henry G. Pirowski, 172 14th St., Buffalo 14213 to the Position of Counselor III, Provisional at the starting salary of $21,345.00 Appointment effective July 29, 1992 in the Department of Human Resources, Division of Substance Abuse Services Joseph Mazza, 238 Albany Street, Buffalo 14213 to the position of Deputy Director Provisional at the starting salary of $35,405.00 FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective July 27, 1992 in the Department of General Services, Division of Inventory & Stores, Joseph K. Migas 1218 Broadway, Buffalo, 14212 to the position of Laborer II, Seasonal at the starting salary of $ 6.65/Hr. Appointment effective August 3, 1992 in the Department of General Services, Division of Inventory & Stores Paul E. Tara 22 Olcott St., Buffalo, 14220 to the position of Laborer II, Seasonal at the starting salary of $ 6.65/Hr. Appointment effective August 24, 199 in the Department of General Services, Division of Inventory & Stores Victor W. Leone 226 Norwood Ave., Buffalo, 14222 to the position of Laborer II, Seasonal at the starting salary of $ 6.65/Hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 118 N W BAILEY-WALDEN CITIZENS ALLIANCE Restoration of Rapin Park This letter is to inform the Common Council of the City of Buffalo that several volunteer groups are planning to restore Rapin Park, at the corner of Rapin Place and Doat Street. This project is being undertaken by the Northwest Bailey-Walden Citizens Alliance, (formerly the Goemble Street Block Club), the Council of Churches, Citizen's Action Organization, with the assistance of Councilman David Franczyk and staff, the City of Buffalo Parks Department, Planning Department, the Mayor's Summer Youth Program, and various local companies. The primary clean-up of this area is scheduled for Saturday, July 26th, with a rain date for Sunday, July 27th. Work will commence at 9:00 AM. The actual construction and secondary clean-up date is Saturday, August 8th, with a rain date for Sunday, August 9th. Work will commence at 9:00 AM. It is our sincere hope that any members of the Council who are available on these dates, will stop by and assist us. Media coverage will be provided by THE BUFFALO NEWS and refreshments will be donated by Burger King and McDonalds. RECEIVED AND FILED. No. 119 BUFFALO FINANCIAL PLAN COMMISSION Schedule for Providing Minutes Charlie Mitschow and Bob Wilmers asked me to respond to your July 13 letter requesting that minutes of all the meetings of the Buffalo Financial Plan Commission be filed with the Common Council. Please excuse the delay in sending you this response; I wanted to review it first with the Council's representative on the commission, Archie Amos, who had been out of the city. The commission will provide to the Common Council (and to the public at large, probably through the public library) the minutes of all its formal meetings at the conclusion of its current work, the completion of the five-year financial and management plan. To make these minutes public prior to that point violates two important commission principles: First, that the commission functions as an independent entity; and second, that the findings and recommendations underlying the five-year plan be seen as an integrated whole. Public exposure of commission discussion of preliminary/partial thinking inevitably can be distorting and detrimental to the community's response to the elements of the plan, in its final form. And because we continue to believe that the plan will be so critical to the city's vitality through the l990s, the commission does not want to do anything which might limit the effectiveness of its work. I am sure that the members of the Common Council, who have the ongoing opportunity to discuss the commission's progress with their designee, Mr. Amos, will understand this position. Please give me a call, if you have any other requests. RECEIVED AND FILED. No. 120 BUFFALO FINANCIAL PLAN COMMISSION Review of Proposed Fire Dept. RFP In response to your August 21 letter concerning a review of the Common Council's Proposed consultant RFP regarding an "Administrative cost and Manpower Utilization Study of the Buffalo Fire Department", I have reviewed the Proposed RFP with our commission staff, advisors (Deloitte & Touche), and volunteers serving on the commission's public safety work team. All agree that there is a need for a technical study of the operations, finances and management of the Buffalo Fire Department, even in the midst of the BFPC's ongoing work. The BFPC Public Safety work team also has assessed all areas mentioned in the proposed RFP and is preparing Phase One findings concerning them. In addition, there are many areas mentioned in the proposed RFP that the BFPC Public Safety team will pursue in terms of Phase Two recommendation. They are the following: - 0rganization: overall, division of administrative responsibility - Administration: goals, objectives , Policies and procedures, management information systems, Productivity, computerization, personnel practices, purchasing, inventory, budget - Communication: Policies and procedures , record keeping - Fire Prevention: goals and objectives, information At the same time, there are areas which are not explicitly mentioned in the Proposed RFP, which are being looked at by the BFPC and thus, should be added to the Proposed RFP: - Comparisons to other cities - this should be part of the analysis; the RFP should identify exactly where - Staffing/Scheduling - overtime versus new hires, plan for hiring new fire fighters - Labor Relations - nature of, potential for improving - Overall Policies and Procedures - departmental manual - Emergency Services - nature and legitimacy of calls, interface with ambulance services, dispatch procedures - Relationships with other City Departments - especially Police, Streets, Budget - reporting relationships, policies, etc. In light of all this, let me propose that the BFPC Public Safety Team be included in the advisory group (or preferably that the team be the advisory group) for the study; that the BFPC provide its Phase one findings and Phase Two workplan to the Council and its consultant (as well as to the Fire Department and the union); that the ultimate recommendations of the BFPC work be formally submitted to these parties as well; and last, that the council allow for interchange between the BFPC Public Safety team and the consultant. In this last regard, we have developed a detailed matrix of what the BFPC and your RFP consultant is and can be assessing as each proceeds. We will be glad to review that with you at the appropriate time. As a next step, I suggest we see if you would like to proceed as I have proposed, and that we formalize designees to work out the ongoing specifics. REFERRED TO THE COMMITTEE ON FINANCE. No. 121 Ellicott Development Company Awning Installation for Chase Bank Ellicott Square Building Enclosed please find Buffalo Preservation Board's rejection notice regarding the installation of awnings at the Ellicott Square Building. Chase Bank has undertaken a state wide program to change its Corporate Logo. The requested awning is an intricate part of the logo and theme. They have re-submitted the enclosed plan to make the new awnings identical in design with the existing awning of the Atrium Florist which the Common Council approved in February of 1991. Chase Bank is our largest single tenancy and a significant business entity in Downtown Buffalo. In today's depressed rental market it is imperative that we make every attempt to satisfy our Tenant's requests and create a comfortable business climate. Please advise at your earliest convenience and if you need more documentation, plans or information I will forward this to you immediately. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 122 Buffalo Fire Historical! Society Request easement to Property at 1850 William St. The BUFFALO FIRE HISTORICAL SOCIETY has been negotiating to purchase a building at 1850 William Street in your District to house our Buffalo Fire Historical Museum. At present, we have been unable to close due to some unforeseen boundary difficulties, that would leave our Museum landlocked and unable to carry out the mandates of our Mission. We are chartered by the New York State Board of Regents and the purpose of our Society is to stimulate and cultivate interest in the traditions of the Fire Service, perpetuating the spirit of service and dedication and heroism of the Members of the Buffalo Fire Department, promoting the principles of Fire Prevent ion and to PROVIDE A PLACE FOR THE COMMUNITY AND PARTICULARLY THE CHILDREN TO VISIT, OBSERVE AND BECOME INFORMED OF THE HISTORY OF FIRE FIGHTING IN THE CITY OF BUFFALO. In order to Comply with these mandates, we must have access to the proposed Museum for the handicapped with a reasonable amount of off street parking for the safety of visiting school children. The property on the west side of the building that we believed to be part of the sale we now find belongs to the City of Buffalo. A small parcel of land, 25'x125' bordered by William and N. Ogden Streets, has for many years, been used by the current owner without the benefit of an easement. We, however, would need an easement from the City of Buffalo, to use this land. Your advice, as to whether this would be possible and how we would proceed, would be greatly appreciated. Until this matter can be resolved, our current sales contract is being deferred and the closing delayed and it is possible we could lose this opportunity to locate in the Lovejoy District. An early response from you would be a great help to our Organization. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 123 FOLZ VENDING CO. INC. Authorize Vending Machines for MDA in Fire Houses We write to you in regard to the above captioned subject and in response to our meetings with the Commissioner of Fire, Mr. Paul S. Shanks. The Folz Vending Co., Inc. in conjunction with the Muscular Dystrophy Association has approached the Buffalo Fire Department seeking permission for machine installation and operation with the city fire houses. Upon receiving advice from the City of Buffalo Department of Law, Commissioner Shanks advised our organization that he was not against our vending program, but the approval of the City Council was required in order for the Fire Department to participate in the program. Enclosed is a copy of the proposal given to Commissioner Shanks. In addition to the proposal, I am attaching correspondence received by our office from the City Law Department. In the event you have any questions regarding the proposal, please feel free to give me a call. A representative from Folz as well as an MDA representative would be available to meet with the City Council to assist in the decision process. Your assistance in this administrative procedure is greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE AND THE CORPORATION COUNSEL.. No. 124 ERLE MCLAUGHLIN Cancel water Bills-1510 Michigan A few years back I received a letter from the Buffalo Water Dept. stating that as the above house was vacant the Water Dept. had turned off my water to above house at the street (my bills were paid up to date at the time.) I did not object because as stated the house was vacant and I had no present use for the water. Later the house at 1506 became vacant also, but I left the water on and continued to pay the water bills there. About then, I got a tenant for 1510 Michigan Ave. He appeared to me to probably be only a temporary tenant, and as he had no water in his house I let him get his water from 1506 Michigan Ave. where the water was still on. The two houses are very close together---- only about ten feet apart. About a year ago I got a tenant for 1506 Michigan Ave. So as not to bother them with his using water from their house I applied and got the water turned back on at 1510 Michigan Ave. Every drop of water used at these two houses has gone through a meter and been paid for. However, the Water Dept. knows that the water was turned off at 1510 Michigan Ave., because they turned it off themselves. nevertheless, they are charging me for water that they know I could not have used. Water Dept. has admitted that where buildings are on the same plots or parcel of land use of water from one building to another is permissible. Every drop of water used at these two houses has gone through a meter and been paid for. 1506 - 1510 Michigan Ave. is one parcel of land and is carried on the assessment books as one parcel of land, see for yourself. It has always been deeded as one parcel of land. Any help you can give me in getting this matter straightened out will be gratefully appreciated--I do not see how I can afford to pay them nearly $1,000.00 for water that has already been paid for. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 125 GENE MILAS Additional Complaint-1255 Broadway I'm protesting that since 7/5/92, Captain Timothy Gill, Commander or the 11th Precinct, failed to honor my numerous requests through Liaison Officer Mark Kane of Police Community Services, for a warrant card on Mr. Pieter Esch, owner of the Hard Times Inn, 1255 Broadway, Buffalo, NY. Mr. Esch took no precautions to close the doors and windows while generating live hard rock, loud pounding music within his tavern, without a restaurant-dance license, and with an expired music license, in a restricted, residential/commercial C-2 zone, Sunday morning July 5, 1992 at 1:08 A.M., awakening me and my family from a sound sleep. Responding to my 911 complaint Lt. Farley acknowledged to me that morning, he couldn't stand the loud music. The owner was not cited. The hard rock band lowered and continued projecting live hard rock music near our residence at 1271 Broadway, and near the residences of neighbors who signed a Petition on June 29, 1992. It's cruel and unjust for a tavern owner to create ongoing excessive and unreasonable noise in the middle of the night, disturbing our peace, quiet, comfort, and repose. For that reason, I want a warrant card from the 11th Precinct on the disorderly conduct of Pieter Esch, for the violation of the City noise ordinance, Chapter 293. I would appreciate your support for justice. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE. No. 126 VICTOR X. NELSON Request Impartial Board to Oversee Union Trial I am in receipt of your letter dated August 12, 1992. Judging from the actions of the previous trial board members, it is apparent that I will be unable to locate a fair and impartial panel for a Hearing within the ranks of the Buffalo Fire Department. The discriminatory practices of the Buffalo Fire Department and Local # 282 have been so widespread and across-the-board that l would like to request from the City of Buffalo Common Council, a Board of Impartial professionals to oversee the trial. My rights have been grossly violated and it would be an injustice to "try" these violations by a panel of the very same unprofessional, and totally biased individuals that despises anyone because of the color of their skin. Even you, yourself, in your letter stated you thought "the Union representatives had spoken with me" regarding the changes to occur in the Trial Board. You can now see, first-hand, the kind of Union representation l am accustomed to. NONE. If you know of any other solutions to this please let me know...but l know that we will be unable to obtain an impartial Trial Board within the rank-and-file of the Buffalo Fire Department. I am forwarding a copy of this correspondence to the Common Council for their immediate consideration. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE, THE CORPORATION COUNSEL AND LOCAL 282. No. 127 NEW YORK DEPARTMENT OF STATE Lead Agency Designation-Waterfront Revitalization Program We are in receipt of notification from the Common Council of the City of Buffalo regarding designation of the Common Council as the lead agency for the preparation of an Environmental Impact Statement for the City of Buffalo Local Waterfront Revitalization Program. Please be advised that the Department of State is an involved agency due to its required approval of the Local Waterfront Revitalization Program and concurs in the designation of the Common Council of the City of Buffalo as the lead agency. Since the Department of State is an involved agency, we ask that the scope of the Environmental Impact Statement include a summary of how the Local Waterfront Revitalization Program elaborates on the coastal policies found in 19 NYCRR Part 600.5 and an analysis of the consistency of this local elaboration with the coastal policies. Within 15 days of receipt of this letter, the City should prepare and file a Positive Declaration: Notice of Intent to Prepare a Draft Environmental Impact Statement. A sample notice form from DEC's The SEQR Handbook is enclosed for your use. Please note that a copy of the completed notice must be sent to each of the parties listed on page 2 of the form, including this agency. Should you have any questions, please call Thomas Zyskowski at (518) 474-6000. RECEIVED AND FILED. No. 128 NYS SUBSTANCE ABUSE SERVICES Approval to Fill Deputy Director Position Please be advised that the City Division's request (Commissioner AIIen's letter of 4/27/91) to fill the position of Deputy Director, has been approved effective immediately. It is understood that the candidate for this position, Mr. Joseph Mazza, will fill this position on a provisional basis and that his permanent appointment may be subject to successful competitive participation in an upcoming City Civil Service examination. The cooperation and assistance of both you and Mr. Mazza in completing the review of the candidates qualifications and skills were very much appreciated. Please feel free to contact this office for support in your continued efforts to improve the quality and effectiveness of the Division ''s programs. RECEIVED AND FILED. No. 129 NIAGARA FRONTIER TRANSPORTATION AUTHORITY Intended Property improvement Outer Harbor Adjacent to "The Pier" Pursuant to New York State Regulations, the NFTA is notifying the Buffalo City Clerk's Office of an intended property improvement. The project involves several hundred square feet of property located on the Outer Harbor Site No. 915026 just southeast of The Pier Restaurant (formerly Breakers). The New York State Department of Environmental Conservation, New York State Health Department, and adjacent property owners have also been notified. The area to be improved is an existing stone covered road and overflow parking area to serve The Pier Restaurant. The project will entail applying additional crushed stone to both the roadway and the overflow parking area. This surface improvement will not retain water, create any soft-spots or ponding of water. No excavation or permanent drainage facilities are part of this project. This proposed improvement would not prevent or hinder any future remediation activities on the site. This improvement project will be completed this summer season. This project is subject to the review and approval of the NFTA Board of Commissioners. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION. No. 130 NIAGARA MOHAWK POWER CORP. Dewey Avenue PCB Phase-out Deadline Niagara Mohawk Semi-Annual Report Item 92 C.C.P. June 23, 1992 In response to your request of July 1, 1992, I would like to set forth Niagara Mohawk's plans relative to our PCB equipment disposal progress and our plans for compliance with our January 1991 agreement with the City of Buffalo. As you point out in your correspondence, there are a number of items left for processing, although we feel that excellent progress has been made in ridding our system of this condition. We will continue to reduce the number of these items in the field as we approach our closure date of November 20, 1992. I might note, for example, that of the 186 transformers still classified as contaminated, approximately 40% of them have been processed and are simply awaiting the expiration of the certification period. It is our further intention that as we attain generator status, in most cases, the contractor that we retain to remove items from our service centers will be called upon to remove these remaining items listed in your correspondence from our field facilities without an interim stop at Dewey Avenue. Niagara Mohawk will terminate, on November 20, 1992, our activities under the terms of our permit from the DEC and our agreement with the City of Buffalo. We are presently engaged in selection of a contractor to perform the necessary closure, decontamination and decommissioning of the facility. It is our further intention to operate under the DEC specifications of Section 372.2. We will operate under the Section 372.2 status to the extent that equipment will be returned to the service center from whence the crews originate. Thus, only Buffalo area crews working in the Buffalo area, will bring back equipment to the work location they originated from. Additionally, many Western New York service centers will participate as Niagara Mohawk acquires Section 372.2 status. This would likely include the Service Centers in Amherst, Angola, Niagara Falls, Fredonia, Batavia, etc. If you have any questions concerning any of the foregoing or any of the material supplied to you in our semi-annual reports, do not hesitate to contact the undersigned, and I will be pleased to meet with you at your convenience. REFERRED TO THE COMMITTEE ON LEGISLATION. No .131 NICKEL CITY ROAD RUNNERS Erect Banner-Aid to Athletes Our Seventh Annual "Aid to Athletes" 5K Road Race is September 4, (Friday) 1992. The Race will be held at Bullfeathers Restaurant. Our race is ranked as 'Top Ten" Race of the Year by the Buffalo News in Western New York. Our race was the Third largest Race in Western New York in 1991. Our Race is a Championship Race sanctioned by the Athletic Congress of America, and the course is certified. We need your permission along with the Buffalo Council to erect a sign across Elmwood Avenue. The sign would be erected August 28th to September 5th. Again, on behalf of our sponsors - Bullfeathers Restaurant, Stroh's, & Nickel City Road Runners of Buffalo, and all involved, we thank you, and the Buffalo City Council for your cooperation in our last six races. Looking forward for an early reply, I remain Mr. Higgins moved; That the communication dated July 21, 1992 from the Nickel City Road Runners be received and filed; and That permission be and hereby is given for the erection of a banner across Elmwood Avenue, to be in place from August 28 to September 5, 1992. PASSED. AYES- 12 NOES- 0. No. 132 WILLIAM ROBINSON Qualification for Appointment as Superintendent of Fire Vehicle Maintenance. Direct comparison between my general resume', qualifications, experience, service and seniority to Civil Service job specifications for the title "Superintendent OF FIRE VEHICLE MAINTENANCE", City of Buffalo Dept. of Fire. INCLUDES: Pages 1,2,3 My general resume written 7-1-92. Pages 4,5 Civil Service job specifications for title "Superintendent of Fire. Vehicle Maintenance ", City of Buffalo Dept. of Fire received 8-1-92. Pages 6,7 My Civil Service roster card, 1957-1992. Page 8 Civil Service job description for my last permanent position of "MARINE ENGINEER", City of Buffalo Dept. of Fire I am fully qualified for the position of "SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE" based on my qualifications, experience, service and seniority with the City of Buffalo Dept. of Fire. I feel that I have every right to consideration for provisional appointment to 5 aid position and the right to file and take the Civil Service examination for "SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE". REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 133 U.S. DEPT. OF HOUSING & URBAN DEVELOPMENT Fair Housing Complaint vs. Common Council The subject housing discrimination complaint was filed with this Department on August 07, 1992 pursuant to the Fair Housing Act (the Act), 42 U.S.C. 3600-3620 and has been accepted for processing. Enclosed is a copy 'of the complaint. Please retain it for your records. All correspondence and information requests about this complaint must reference the complaint number. An investigation will now be conducted. If the investigation is not completed within 100 days, you will be so advised, in writing. While this complaint is pending, you will have the opportunity to resolve it through conciliation. Any resolution will be based upon consent by all parties to a conciliation agreement, subject to the approval of the Assistant Secretary. In addition to the administrative complaint process, the complainant may, pursuant to Section 813 of the Act, commence a civil action in an appropriate Federal district or state court, as long as an Administrative Law Judge has not begun a hearing on this matter. Such civil action must be commenced no later than two years after the occurrence or termination of an alleged discriminatory housing practice, irrespective of whether a complaint has been filed with this Department. The two year period does not include the time the complaint is pending before this Department. However, once a trial begins, the Department will cease its administrative processing of the complaint. The respondent(s) in this matter may submit a response to this complaint no later than 10 days after receipt of this letter. The respondent(s) may also assert any defense available in a court of law. The answer must be signed with an affirmation stating, "I declare under penalty of perjury that the foregoing is true and correct." The answer may be reasonably and fairly amended at any time with the consent of the Assistant Secretary for Fair Housing and Equal Opportunity. During the administrative processing of this complaint, you are responsible for keeping this Office informed of any change in address. Failure to do so may be viewed as failure to cooperate in the investigation. Please be advised that retaliation against any person for participation in the enforcement of the Act is a discriminatory housing practice prohibited under Section 818 of the Act. Your cooperation in this matter is appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS No. 134 Erie County Industrial, owner, petition to use 184 Amherst Street for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 135 Maria Uzlyan, petition to use 1781-1791 Hertel Avenue for a takeout restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 136 Rapid Ray's Printing, petition to use 300 Broadway for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 137 Jubilee Foods, owner, petition to use 400 Kenmore Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 138 American Brass, use 386 Military for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 139 Benenson Capital Co., owner, use 1716-1750 Kenmore for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 140 Timothy & Diane Sharry, owner, use 1200 Kenmore for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 141 American Red Cross, owner, petition to use the front of 768 Delaware Avenue for parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 142 Roy Greiner, petition to Rezoned 3 Heussy from C2 to R2 to use vacant house as a residence REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 143 S.Almond and O, request Police action on drug activities at 36 Northumberland. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 144 J.Sandoro and Others oppose the lease of Ellicott Mall parking area to Allright Parking for use as a commercial parking area. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 145 P. Milligan and Others Favor Dancing License at 124 Elmwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 146 J. Lipsitz and Others, Oppose Dancing License at 124 Elmwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION. RESOLUTIONS No. 147 BY: MR. AMOS NEGOTIATE SALE OF 469 PARKER WHEREAS: A home located at 469 Parker avenue in the City of Buffalo has a fence on that premises that encroaches upon the city right of-way in an area ten feet by thirty feet in length; and WHEREAS: Prior owners of the property, Nicholas and Carol Krestos, sold this home in a privately conducted transaction; and WHEREAS: In order to close the sale on the property, Mr. & Mrs. Krestos were required to enter into an escrow agreement whereby money was withheld from them pending a successful homestead transfer of a ten by one hundred twenty-five foot section of the city's right of way to the current owners, Paul and Rim Murphy; and WHEREAS: The parcel in question is not eligible for homesteading and must therefore be purchased through a negotiated sale; NOW, THEREFORE, BE IT RESOLVED: That this Common Council directs the Director of Real Estate to enter into negotiations for the sale of the parcel of land adjacent to the home at 469 Parker Avenue. ADOPTED. No. 148 BY: MR. ARTHUR EXEMPT ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES FROM FIRE REPORT FEE WHEREAS: The Erie County Department of Social Services has recently been informed that the Buffalo Fire Department will charge ten dollars ($10.00) for copies of each fire report requested; and WHEREAS: These reports are used by the Erie County Department of Social Services to assess the need for replacement of household items lost by recipients of public assistance whose dwellings have been destroyed by fire; and WHEREAS: The Department of Social Services fears that the imposition of this fee will result in delays in the delivery of essential services to some of Erie County's neediest people, at a time when they have already experienced a traumatic loss. NOW THEREFORE BE IT RESOLVED: That this Common Council request the Corporation Counsel to prepare, and file with this Council, an ordinance amendment exempting the Erie County Department of Social Services from the fire report fee. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE ERIE COUNTY DEPT. OF SOCIAL SERVICES. No. 149 BY: MR. ARTHUR CHARTER REVISION COMMISSION PUBLIC RELATIONS CONTRACT WHEREAS: The Charter Revision Commission has retained the services of Hirsch and Company, 1965 Sheridan Drive, Williamsville, New York 14223, for the sum of $20,000; and WHEREAS: The Mayor of the City of Buffalo has requested that the $20,000 be charged to the Law Department's Budget Line, #573, Engineering and Technical Services; and NOW THEREFORE BE IT RESOLVED: That this Common Council requests the Comptroller or the Corporation Counsel to file with this honorable body a copy of the contract, and scope of services entered into with Hirsch and Company; and BE IT FURTHER RESOLVED; That this Common Council requests copies of all correspondence and proposals between The Commission and the Corporation Counsel's Office pertaining to this matter, by the next Council meeting. ADOPTED. No. 150 BY: MESSRS.: ARTHUR, AMOS, BAKOS, BELL, COPPOLA, COLLINS, HIGGINS, FRANCZYK, PERLA, PITTS, ZUCHLEWSKI AND MRS. LOTEMPIO LEGAL COUNSEL - CHARTER REVISION QUESTIONS WHEREAS: The Charter Revision Commission filed its report with the City Clerk on August 27, 1992; and WHEREAS: It is clear from the Commission's report that the Commission is attempting to reduce thirty-three (33) separate and distinct issues to only two (2) questions without stating the impact that each and every issue will have on the structure, function and well-being of City government; and WHEREAS:It is in the best interest of the citizens of the City of Buffalo that each and every issue be stated as a separate and distinct question on the ballot so that the intent and effect of each can be discerned; and WHEREAS:If the Council and the Commission can not agree on this matter, and the Corporation Counsel, County Attorney, and Erie County Board of Elections are without legal authority to mediate the dispute between the Common Council and the Commission, then it may be necessary to go into court for a resolution of this matter; and WHEREAS:The Commission has been advised, during its deliberations, by the Corporation Counsel's Office. NOW THEREFORE BE IT RESOLVED: That this Common Council requests the Corporation Counsel to declare a conflict of interest in this matter to allow the Common Council to hire its own legal counsel, if it should become necessary. BE IT FURTHER RESOLVED: That the Charter Revision Commission and the Hirsch & Company be formally advised herewith that the City will not be responsible for any expenditures that do not follow proper City procedures; and BE IT FURTHER RESOLVED: That the Common Council hire its own attorney to challenge the Charter Revision Commissioner process for placing changes to the charter on this years' ballot; and BE IT FINALLY RESOLVED: That the Common Council request the members of the Charter Revision Commissioner file disclosure statements immediately, in accordance with the City of Buffalo Code of Ethics requirement. ADOPTED. No. 151 BY: MESSRS. BAKOS & FAHEY SET PUBLIC HEARING: PROPOSED LEASE AGREEMENT FOR A PORTION ( OF NEW BUFFALO INDUSTRIAL PARK - PORTION E OF DISPOSITION PARCEL # 5 WHEREAS, Scrivner or New York, Inc., and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Lease Agreement for the disposition of a portion of New Buffalo Industrial Park; and WHEREAS, the terms of said Lease Agreement have been approved by the City or Buffalo Urban Renewal Agency; and WHEREAS, said Lease Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 4th day of September 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 the 15th day of September 1992. ADOPTED. No. 152 BY: MR. COLLINS INCREASED APPROPRIATION RESERVED FUND BALANCE APPROPRIATION ALLOTMENTS DIVISION OF HOUSING & PROPERTY INSPECTIONS 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 Housing & Property Inspections be and the same hereby is increased in the sum of $2,937. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $2,937 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 24-1 Division of Housing & Property Inspections 085 - Capital Outlay 982 - Operating Equipment Computer Equipment $2,937 PASSED. AYES- 12 NOES- 0. No. 153 BY: MR. COLLINS INCREASED APPROPRIATION RESERVED FUND BALANCE APPROPRIATION ALLOTMENTS DIVISION OF PARKING ENFORCEMENT That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Parking Enforcement be and the same hereby is increased in the sum of $7,200. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $7,200 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 06-4 Division of Parking Enforcement 085 - Capital Outlay 960 - Special Structures & Fixed Equipment Burglar Alarm System $7,200 PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- PITTS- 1. No. 154 BY: MR. COLLINS INCREASED APPROPRIATION RESERVED FUND BALANCE APPROPRIATION ALLOTMENTS DEPARTMENT OF FIRE 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 - Department of Fire be and the same hereby is increased in the sum of $12,000. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $12,000 from 100-890-050 - Reserved Fund Balance for Capital Budget appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 08-0 Department of Fire 085 - Capital Outlay 982 - Operating Equipment Fire Hose $12,000 PASSED. AYES- 12 NOES- 0. No. 155 BY: MR. COLLINS INCREASED APPROPRIATION CITY REVENUE DIVISION OF RECREATION 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 Recreation be and the same is hereby increased in the sum of $17,000. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue 100 General Fund 60-1 - Division of Parks 402 - City 31477 - Cazenovia Natatorium Fees $12,000 31497 - Lovejoy Natatorium Fees 5,000 Total $17,000 To meet this increased appropriation as set forth below: TO: 100 General Fund 60-2 Division of Recreation 011 - Recreational Facilities & Activities Personal Services 112 - Temporary Services $17,000 PASSED. AYES- 12 NOES- 0. No. 156 BY: MR. COLLINS TRANSFER OF FUNDS CAPITAL PROJECTS FUND DIVISION OF BUDGET & MANAGEMENT DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,750 be and the same is hereby transferred from various accounts in Capital Projects Fund - Division of Budget & Management and said sum is hereby reappropriated as set forth below: FROM: 200 Capital Projects Fund 06-1 - Division of Budget & Management 001 - Planning for Capital Projects $2,750 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 009 - Acquisition & Reconstruction of South District Police Station $2,750 PASSED. AYES- 12 NOES- 0. No. 157 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS EXEMPT ITEMS CAPITAL PROJECTS FUND DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $100,000 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $100,000 To: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $100,000 From: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $100,000 To: 200 Capital Projects Fund 40-2 Division of Buildings 518 - University Heights Community Center $100,000 PASSED. AYES- 12 NOES- 0. No. 158 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -MISCELLANEOUS -CHARGES DIVISION OF RECREATION 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 $173,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Miscellaneous and said sum is hereby reappropriated as set forth below: FROM 100 General Fund 81-2 - Miscellaneous Charges 847 - Indoor Pool 12-Month Operation $173,000 TO 100 General Fund 60-2 - Division of Recreation 011 - Recreational Facilities & Activities Personal Services 112 - Temporary Services $173,000 PASSED. AYES- 12 NOES-0. No. 159 BY: MR. COLLINS BOND RESOLUTION $104,000 SERIAL BONDS THE INSTALLATION OF TRAFFIC SIGNALS ACCOUNT 200-401-005 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $104,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE APPLICATION OF $312,000 EXPECTED TO BE RECEIVED FROM THE UNITED STATES OF AMERICA, IN ADDITION TO $150,000 SERIAL BONDS HERETOFORE AUTHORIZED, IN ADDITION TO $450,000 PREVIOUSLY EXPECTED TO BE RECEIVED FROM THE UNITED STATES OF AMERICA, TO FINANCE THE COST OF THE INSTALLATION OF TRAFFIC SIGNALS ON MAIN STREET, AT THE ESTIMATED MAXIMUM COST OF $1,016,000. 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 Four Thousand Dollars ($104,000), 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 $450,000 grant funds to be expected to be received from the United States of America, in addition to $150,000 Serial Bonds heretofore authorized, in addition to $450,000 previously expected to be received from the United States of America, to finance the cost of the installation of coordinated traffic signals along Main Street between Goodell and Ferry Streets. The estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is One Million Sixteen Thousand Dollars ($1,016,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Installation of Traffic Signals on Main Street 1992-93," Bond Authorization Account No. 200-401-005, 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 apportion 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 amount of $104,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 72 2nd (a) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 1 1992 LAID ON THE TABLE. No. 160 BY: MR. COLLINS BOND RESOLUTION $105,000 GENERAL IMPROVEMENT SERIAL BONDS RECONSTRUCTION OF VARIOUS LIBRARY BUILDINGS ACCOUNT 200-402-019 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $105,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE RECONSTRUCTION OF THE NORTHWEST AND EAST DELAVAN BRANCH LIBRARY BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $105,000. 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 Five Thousand Dollars ($105,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of the Northwest and East Delavan library buildings, including reconstruction of the roof and heating, ventilating, and air conditioning systems, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said buildings, as reconstructed, are to be used. The estimated maximum cost of said class of objects or purposes for which bonds authorized by this resolution are to be issued, including preliminary costs and cost incidental thereto and the financing thereof is One Hundred Five Thousand Dollars ($105,000) as set forth in the duly adopted Capital Improvements Budget for said City of fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Various Library Buildings 1992-93", Bond Authorization Account No. 200-402-019, and shall be used for the purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $105,000. 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 buildings to be reconstructed pursuant to section 1(a) hereof are of Class "A" construction as defined by Section 11.00 a. 11. a of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Subdivision 12. (a) (1) of Paragraph (a) of Section 11.00 of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of 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 objects or purposes 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: SEP 1 1992 LAID ON THE TABLE. No. 161 BY: MR. COLLINS BOND RESOLUTION $140,000 SERIAL BONDS RECONSTRUCTION OF SHEA'S BUFFALO THEATER ACCOUNT 200-402-021 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $140,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE RECONSTRUCTION OF SHEA'S BUFFALO THEATER, AT THE ESTIMATED MAXIMUM COST OF $140,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of One Hundred Forty Thousand Dollars ($140,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of Shea's Buffalo Theater, including reconstruction of fire escapes and windows, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $140,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Shea's Buffalo Theater 1992-93," Bond Authorization Account No. 200-402-021, 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 $140,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (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: Sep 1 1992 LAID ON THE TABLE. No. 162 BY: MR. COLLINS BOND RESOLUTION $150,000 SERIAL BONDS THE RECONSTRUCTION OF THE ANIMAL SHELTER BUILDING ACCOUNT 200-402-016 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 PARTIAL RECONSTRUCTION OF THE ANIMAL SHELTER BUILDING, 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 the partial reconstruction of the Animal Shelter building located at 380 Oak Street, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Animal Shelter Building, 1992-93," Bond Authorization Account No. 200-402-016, 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 $150,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (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: SEP 1 1992 LAID ON THE TABLE. No. 163 BY: MR. COLLINS BOND RESOLUTION $200,000 SERIAL BONDS RECONSTRUCTION OF THE JEWITT AVENUE BRIDGE ACCOUNT 200-401-011 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE APPLICATION OF $800,000 EXPECTED TO BE RECEIVED FROM THE UNITED STATES OF AMERICA TO FINANCE THE COST OF RECONSTRUCTION OF THE JEWITT AVENUE BRIDGE, AT THE ESTIMATED MAXIMUM COST OF $1,000,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), 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 $800,000 grant funds expected to be received from the United States of America, to finance the cost of reconstruction of the Jewitt Avenue Bridge over Conrail Tracks. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is One Million Dollars ($1,000,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction of Jewitt Avenue Bridge 1992-93," Bond Authorization Account No. 200-401-011, 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 $200,000. 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) 10. of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 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: SEP 1 1992 LAID ON THE TABLE. No. 164 BY: MR. COLLINS BOND RESOLUTION $250,000 SERIAL BONDS THE REHABILITATION OF CITY HALL ACCOUNT 200-402-012 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE RECONSTRUCTION OF THE EXTERIOR OF CITY HALL, AT THE ESTIMATED MAXIMUM COST OF $250,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, Mew York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of the exterior of the City Hall building including improvements to masonry, doors, windows, and roofing, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Rehabilitation of Exterior of City Hall Building 1992-93," Bond Authorization Account No. 200-402-012, 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 $250,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) 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 such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 1 1992 LAID ON THE TABLE. No. 165 BY: MR. COLLINS BOND RESOLUTION $250,000 SERIAL BONDS THE CONSTRUCTION OF A CHEMICAL STORAGE FACILITY AT DELAWARE PARK LABOR CENTER ACCOUNT 200-402-013 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE CONSTRUCTION OF A CHEMICAL STORAGE FACILITY AT THE DELAWARE PARK LABOR CENTER, AT THE ESTIMATED MAXIMUM COST OF $250,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), Pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction of a chemical storage building at the Delaware Park Labor Center. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Construction of Chemical Storage Building 1992-93 " Bond Authorization Account No. 200-402-013, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, Pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The building shall be of at least Class "B" construction as defined by Section 11.00 a. 11 (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the $250,000 bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 1 1992 LAID ON THE TABLE. No. 166 BY: MR. COLLINS BOND RESOLUTION $250,000 SERIAL BONDS HANDICAPPED ACCESS IMPROVEMENTS AT VARIOUS CITY BUILDINGS ACCOUNT 200-402-018 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY TO FINANCE THE COST OF HANDICAPPED ACCESS IMPROVEMENTS AT VARIOUS CITY BUILDINGS, AT THE ESTIMATED TOTAL COST OF $250,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Serial Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the reconstruction and adaptation of entrances and facilities at various City buildings for handicapped accessibility. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Handicapped Access Program 1992-93", Bond Authorization Account No. 200-402-018, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) 35. of the Law, is five (5) years. (b) 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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 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 this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 1 1992 LAID ON THE TABLE. No. 167 BY: MR. COLLINS BOND RESOLUTION $250,000 SERIAL BONDS PARTIAL RECONSTRUCTION OF THE HISTORICAL SOCIETY BUILDING IN THE CITY ACCOUNT 200-402-020 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF PARTIAL RECONSTRUCTION OF THE HISTORICAL SOCIETY BUILDING IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $250,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Historical Society Building in the City, including the reconstruction of the steps and storage area, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Historical Society Building 1992-93," Bond Authorization Account No. 200-402-020, 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 County, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "C" construction as defined by Section 11.00 a. 11. (c) 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) (3) of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 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: SEP 1 1992 LAID ON THE TABLE. No. 168 BY: MR. COLLINS BOND RESOLUTION $250,000 SERIAL BONDS THE RECONSTRUCTION OF POLICE HEADQUARTERS ACCOUNT 200-402-513 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE RECONSTRUCTION OF POLICE HEADQUARTERS, AT THE ESTIMATED MAXIMUM COST OF $250,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of two hundred fifty thousand dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of police headquarters, including interior and exterior reconstruction and modernization of mechanical, electrical, and plumbing systems, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is two hundred fifty thousand dollars ($250,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the, sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Police Headquarters 1992-93", Bond Authorization Account No. 200-402-513, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the cost or a portion of the cost of said improvement for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18 (a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. b of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12 (a)(2) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 1 1992 LAID ON THE TABLE. No. 169 BY: MR. COLLINS BOND RESOLUTION $400,000 SERIAL BONDS THE ACQUISITION AND RECONSTRUCTION OF THE SOUTH DISTRICT POLICE STATION ACCOUNT 200-402-009 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $400,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE ACQUISITION AND RECONSTRUCTION OF THE BUILDING AT 1839 SOUTH PARK AVENUE TO BE USED FOR THE SOUTH DISTRICT POLICE PRECINCT, AT THE ESTIMATED MAXIMUM COST OF $400,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($4,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the acquisition and reconstruction of the building located at 1839 South Park Avenue in the City, including acquisition and improvement of the site, and acquisition of original furnishings, equipment and apparatus required for the use of the building as the South District Police Precinct. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 as set forth in the duly adopted Capital Improvements Budget, of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Acquisition and Reconstruction of South District Police Station 1992-93," Bond Authorization Account No. 200-402-009, 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 $400,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12.(a)(2) of the Local Finance Law, is fifteen (15) years. (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: SEP 1 1992 LAID ON THE TABLE. No. 170 BY: MR. COLLINS BOND RESOLUTION $500,000 SERIAL BONDS RECONSTRUCTION OF KLEINHANS MUSIC HALL ACCOUNT 200-402-098 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK AUTHORIZING THE ISSUANCE OF $500,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF KLEINHANS MUSIC HALL IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $500,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of note 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 issued General Improvement Serial Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provision 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 partial reconstruction of Kleinhans Music Hall in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Kleinhans Music Hall 1992-93", Bond Authorization Account No. 200-402-098, 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 County, pursuant to this Bond Resolution, in the Maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (1). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at lease Class "B" Construction as defined by Subdivision 11 a.11(b) of the Law and the period of probable usefulness applicable to specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 12. (a) (2) of the Local Finance Law, is fifteen (15) years/ (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized 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: SEP 1 1992 LAID ON THE TABLE. No. 171 BY: MR. COLLINS BOND RESOLUTION $816,000 SERIAL BONDS THE PURCHASE OF POLICE VEHICLES ACCOUNT 200-101-036 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $816,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE PURCHASE OF POLICE VEHICLES, AT THE ESTIMATED MAXIMUM COST OF $816,000. 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 Eight Hundred Sixteen Thousand Dollars ($816,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the purchase of fifty-one (51) replacement police vehicles for the South District precinct. The estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Eight Hundred Sixteen Thousand Dollars ($816,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. 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 General Services, Division of Purchase, "Purchase of Police Vehicles 1992-93," Bond Authorization Account No. 200-101-036, 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 amount of $816,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 77 of the Local Finance Law, is three (3) 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: SEP 1 1992 LAID ON THE TABLE. No. 172 BY: MR. COLLINS BOND RESOLUTION $1,000,000 SERIAL BONDS THE PARTIAL RECONSTRUCTION OF DELAWARE AVENUE BETWEEN FERRY STREET AND DELAVAN AVENUE ACCOUNT 200-401-010 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $1,000,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF DELAWARE AVENUE BETWEEN FERRY STREET AND DELAVAN AVENUE, AT THE ESTIMATED MAXIMUM COST OF $1,000,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of One Million Dollars ($1,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of Delaware Avenue between Ferry Street and Delavan Avenue. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is One Million Dollars ($1,000,000) as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1992-93. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction of Delaware Avenue- Ferry to Delavan 199293," Bond Authorization Account No. 200-401-010, 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 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 $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 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) 20. (d) 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: SEP 1 1992 LAID ON THE TABLE. No. 173 BY: MR. COLLINS ORDINANCE AMENDMENT - CHAPTER 78 - ANIMALS CHAPTER 175 - FEES Pursuant to the authority granted in Sections 109 (2) and 110 (2) and (4) of the State Agriculture and Markets Law, the Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 78, Animals of Chapter 175 - Fees of the Code of the City of Buffalo be amended to read as follows: Sec.. 78-15 licenses For each spayed or neutered dog $10.00 For Each unspayed or unneutered dog $10.00 For each purebred (kennel) $25.00 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that immediate passage of the foregoing Ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter underlined is new. PASSED. AYES- 12 NOES- 0. No. 174 BY: MR. COLLINS AMEND CHAPTER 309-25 CITY ORDINANCES HOURS OF PARK ACCESSIBILITY WHEREAS: The City of Buffalo through its ordinances has determined the time when all Buffalo parks may be used; and WHEREAS: Chapter 309-25 of the city ordinances states that all parks except LaSalle, Broderick and the Foot of Ontario Street be closed between 10:00 P.M. and sunrise; and WHEREAS: It has been documented by neighborhood groups and the Buffalo Police Department that after sunset, Buffalo parks are becoming a haven for Illicit activities such as drug sales and the use of drugs; and WHEREAS: This activity could be short circuited if Buffalo parks would close at sunset. NOW, THEREFORE, BE IT RESOLVED: That the Corporation Counsel prepare an ordinance that will close all city parks with the exception of LaSalle, Broderick and the Foot of Ontario Street at sunset; and BE IT FURTHER RESOLVED: That this ordinance be filed with the Council in time for its next regularly scheduled meeting. ADOPTED. No. 175 BY: MR. COLLINS APOLLO THEATER WHEREAS: The now-vacant Apollo Theater on Jefferson Ave.-. is owned by the City of Buffalo; and - WHEREAS: A total of $50,000 was included in the City of Buffalo 19th year Federal Community Development Block Grant application for a reuse feasibility study on the Apollo Theater; and WHEREAS: Leaks have occurred in the roof of the theater, and if not repaired they could cause irreparable damage to a structure that is historically significant and has great potential for future redevelopment; NOW, THEREFORE BE IT RESOLVED: That this Common Council request the Department of Community Development to identify funds that could be used to repair the roof the Apollo Theater to maintain the structural integrity of that building. ADOPTED. No. 176 BY: MR. COLLINS AUTHORIZE $84,322 INSTALLMENT PURCHASE CONTRACT FOR COMPUTER EQUIPMENT ITEM # 28, C.C.P. 2/18/92 ITEM #177, C.C.P. 3/3/92 As per the above referenced Common Council proceedings, this Body approved the acquisition on a lease/purchase basis of a new computer system to assist the Department of Assessment in its reporting requirements to New York State. The original resolution identified an I.B.M. model AS400-D35 costing $255,600. The Division of Data Processing, in conjunction with the Department of Assessment, continued to research this subject and ultimately concluded that the identical goal could be accomplished with an alternate system costing $84,322, approximately one-third (1/3) of the original estimate. These results, competitively bid, are presented as an amendment to the previously submitted resolution and the following resolution, authored by the City's bond counsel, is listed below. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONDITIONAL EQUIPMENT PURCHASE AGREEMENT FOR COMPUTER EQUIPMENT, AT AN ESTIMATED MAXIMUM COST OF $84,322, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH." WHEREAS, the Common Council of the City of Buffalo, New York ("City") has determined that a true and very real need exists for the computer equipment (the "Equipment") described in the proposed Master Equipment Lease/Purchase Agreement (the "Agreement") with Signet Leasing and Financial Corporation presented to this meeting; and WHEREAS, the City has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, the City proposes to enter into the Agreement with Signet Leasing and Financial Corporation substantially in the form presented to this meeting. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Agreement in the form presented to this meeting are in the best interests of the City for the acquisition of the Equipment. Section 2. The Agreement is hereby approved. The Comptroller of the City is authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the Comptroller, such approval to be conclusively evidenced by such execution and delivery of the Agreement. The City Clerk of the City is authorized to affix the official seal of the City to the Agreement and attest the same. Section 3. The Comptroller, Corporation Counsel, and City Clerk are hereby authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Agreement. PASSED. AYES- 12 NOES- 0. No. 177 BY: MESSRS. COLLINS & PITTS SET PUBLIC HEARING COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM AMENDMENT TO LAND DISPOSITION AGREEMENT STADIUM HEIGHTS NEW HOUSING PROJECT BBZ DEVELOPMENT COMPANY, M.J. PETERSON DEVELOPMENT CORP. AND PHASE III PAUL DEVELOPMENT WHEREAS, BBZ Development Company, M.J. Peterson Development Corp. and Phase III Paul Development Co., Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will delete all of the Property as described in Schedule A of said LDA and include a new list of Property to be described in Schedule A of said LDA, and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 4th day of September 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers on the 15th day of September 1992. ADOPTED. No. 178 BY: MR. COPPOLA RETIREMENT INCENTIVE WHEREAS: The State Legislature has authorized local governments to provide retirement incentives for certain city employees in bill S-8953-A which was signed into law by the governor on July 24; and WHEREAS: The retirement of such employees would result in a substantial savings to the city, even more so than last years proposals NOW THEREFORE BE IT RESOLVED THAT All city employees, who are members of the New York State Retirement System or a participant in an optional retirement program, 55 years of age, and eligible to retire from the city or other eligible government employer, shall in addition to all other benefits granted thereunder be allowed a maximum of three year's credit provided that any such employee exercise his/her right to retire between October 1, 1992, as provided for in S-8953-A; BE IT FURTHER RESOLVED THAT Any employee availing himself or herself of this retirement incentive shall forego and otherwise forfeit any other retirement incentive provided to him/her by a collective bargaining agreement. ADOPTED. No. 179 BY: MR. FAHEY PUBLIC HEARING BUFFALO WATER FINANCE AUTHORITY WHEREAS: New York State Public Authorities Law Section 104B-i(4) requires that a hearing be held for the purpose of soliciting public comment from the users of the Buffalo water system concerning the proposed provisions of the financing, acquisition and operation agreements by and among the city of Buffalo, the Buffalo Municipal Water Finance Authority and the Buffalo Water Board; and WHEREAS: The statute further requires that 30 days notice be given and that this notification be printed in three publications, including the New York State Register; and WHEREAS: Although this Common Council, through Resolution 1206 of July 21, 1992, set a hearing for September 2, 1992 on this matter, time constraints made it impossible for the notice to be published in the Register within the mandated timeframe, thereby, according to the state regulations, creating a technical flaw in the call for a hearing ; and WHEREAS: In order to comply with the regulations governing a hearing of this nature, it is necessary to schedule a second public hearing to address the issue; NOW, THEREFORE, BE IT RESOLVED: That this Common Council, in conjunction with the Buffalo Water Board, hold a public hearing to address the above stated concerns at 7:00 P.M. on Monday, September 14, 1992, in the Council Chamber, 13th Floor, City Hall, Buffalo, New York. ADOPTED AYES- AMOS, ARTHUR, BAKOS, BELL, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- COLLINS, COPPOLA, PITTS- 3. No. 180 BY: MR. FAHEY AUTHORIZE RFP BUFFALO FIRE DEPARTMENT WHEREAS: In the Budget for fiscal 1992-93. the Common Council earmarked funding to conduct a study to evaluate the operations of the Buffalo Fire Department; and WHEREAS: This study is essential if the city is to move forward in the provision of efficient, cost effective and state of the art fire prevention and protection services for Buffalo; and WHEREAS: In order to retain an outside consulting firm to conduct this study, parameters for the study must be established and presented to potential respondents; and WHEREAS: The appropriate format to entertain such a process is the issuance of a Request for Proposal (RFP); and WHEREAS: An RFP detailing the Scope of Services for this study has been prepared and is attached to this resolution; and WHEREAS: The attached proposed RFP has been reviewed by the Fire Commissioner and the Firefighters Union; NOW, THEREFORE, BE IT RESOLVED: That this Common Council adopt the attached Request for Proposal and that Council Staff report on responses within 45 days of this action. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE, THE CORPORATION COUNSEL AND LOCAL 282. No. 181 BY: MR. FAHEY AUTHORIZE R.F.P. CITY HOUSING WHEREAS: In the Budget for fiscal 1992-93, the Common Council earmarked funding to conduct a study to evaluate housing conditions in the city of Buffalo; and WHEREAS: This study is essential if the (city Is to retain and improve the integrity of neighborhoods and improve the quality of life In Buffalo; and WHEREAS: In order to retain an outside consulting firm to conduct this study, parameters for the study must be established and presented to potential respondents; and WHEREAS: The appropriate format to entertain such a bidding process is the issuance of a Request for Proposal (RFP); and WHEREAS: An RFP detailing the scope of services for this study has been prepared and is attached to this resolution; NOW, THEREFORE, BE IT RESOLVED: That this Common Council adopt the attached Request for Proposal and move to establish a timetable to implement the study described therein; and BE IT FURTHER RESOLVED: That Council Staff be directed to report to this Honorable Body the status of all responses received to the RFP within a 45 day period of the adoption of the item. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF INSPECTIONS & COMMUNITY REDEVELOPMENT AND ADVISORY COUNCIL TO HOUSING COURT. No. 182 BY: MESSRS. FAHEY & COPPOLA CITY OF BUFFALO LOCAL LAW NO. (1992) INTRODUCTORY NO. 14 (1992) A LOCAL LAW amending section four hundred fifty-nine of article twenty-four of the charter of the city of Buffalo, in relation to electing a retirement incentive program as authorized by chapter 643, Laws of 1992 for the eligible employees of the city of Buffalo. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section four hundred fifty-nine of article twenty-four of the charter of the city of Buffalo, adopted pursuant to law, be amended by adding a new subsection (c) as follows: Section 459-c. Early Retirement Incentive. (1) The City of Buffalo hereby elects to provide all its eligible employees with a retirement incentive program authorized by chapter 643, Laws of 1992. (2) The commencement date of the retirement incentive program shall be October l, 1992. (3) The open period during which eligible employees may retire and receive the additional retirement benefit shall be sixty (60) days in length. (4) The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five-year period. The amount of the annual payment in each of the five years shall be determined by the actuary of the New York State and Local Employee's Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits under this Local Law. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel LAID ON THE TABLE. No. 183 BY: MR. FAHEY WORKING VACATION PENSION BENEFITS WHEREAS, Chapter 818 of the New York State Laws of 1992 provides certain retired City of Buffalo police - officers and firefighters additional retirement benefits based on including compensation for working vacation in the computation of the one year final average salary, and WHEREAS, If the City of Buffalo elects to provide this benefit, it must enact a resolution indicating its intentions to do so and forward such resolution to the New York State Comptroller along with an affidavit from the City Comptroller attesting to the availability of funds for the benefit, and WHEREAS, This Common Council approved a Home Rule Message (C.C.P. 152, 6/23/92) indicating its intention to provide this benefit to those police officers and firefighters who retired under the assumption that this incentive of working vacation compensation would be available to them, and WHEREAS, The State Legislature and Governor did enact into law those provisions requested by the City (Senate Bill # 8213-A, Assembly Bill # 11586-A), and WHEREAS, the 1992-93 city budget includes $1.35 million to provide this pension benefit; NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo does hereby elect to pay the additional cost to include compensation earned for working vacation in the determination of final average salary for retirement benefits on account of any member of its Police and Fire departments who retired on or before December 26, 1988 as provided in chapter 818 of the Laws of 1992, and BE IT FURTHER RESOLVED: That this election shall become effective immediately, and BE IT FURTHER RESOLVED: That the city shall pay the past service cost associated with this election over a five year period beginning in the year of the effective date of this election, and BE IT FURTHER RESOLVED: That the City Comptroller is authorized to complete and forward to the State Comptroller the required affidavit attesting to the availability of funds; and BE IT FURTHER RESOLVED: That the City Clerk forward a certified copy of this resolution to the State Comptroller, Office of the New York State and Local Retirement Systems. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 11. NOES- ZUCHLEWSKI- 1. No. 184 BY: MESSRS. FAHEY & AMOS PERMITS FOR 3405 BAILEY AVENUE WHEREAS, The residents of the Rounds Avenue area have had continuing problems with the business establishment located at 3405 Bailey Avenue; and WHEREAS, This business has been called various different names including the BBC, the Library and most recently the Power Club; and WHEREAS, During July of this year, 3405 Bailey was operated as the Power Club; and WHEREAS, Restaurant and music licenses were issued to the Library Restaurant, 3405 Bailey Avenue and applied for by Douglas MacKinnon as the operator of the restaurant; and WHEREAS, It seems as if the Library Restaurant is now under a new name and management and these licenses are not transferable; and WHEREAS, 3405 Bailey Avenue is located in the Kensington-Bailey Business District (Section 511-65) which requires eating and drinking establishments to obtain a restricted use petit pursuant to Section 511-55 of the City ordinances. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests an opinion of the Corporation Counsel as to the licenses and permits required to operate the business located at 3405 Bailey Avenue. BE IT FURTHER RESOLVED: That this Honorable Body requests that the Legislation Committee schedule an evening hearing on this issue and invite area residents, Captain Gaspar - Precinct 16, The Director of Licenses and the Corporation Counsel. ADOPTED. No. 185 BY: MESSRS.. FAHEY & HIGGINS WAIVE FEE CERTIFICATE OF OPERATION WHEREAS: Robert Ferris of 98 Altruria Street in Buffalo is a husband and father of four children, and WHEREAS: Mr. Ferris is on permanent Social Security Disability and is the sole support of his family, and WHEREAS: Two of the Ferris children, a six year old son and a seven week old infant were born with Spina Bifida, and WHEREAS: The six year old requires the use of a wheel chair as a result of his medical condition, and WHEREAS: A State of New York grant provided the funds for The installation of a wheelchair lift at the residence, and WHEREAS: Subsection C of Section 167-15 of Chapter 167 of the Ordinances of the City of Buffalo requires that a Certificate of Operation be issued every three years for wheelchair lifts for private residences, and WHEREAS: The Certificate of Operation must be obtained from the Director of Licenses in accordance with the fees set forth in Chapter 175. NOW, THEREFORE BE IT RESOLVED: That based on the foregoing information this Common Council waive the fee for the Certificate of Operation for Robert Ferris, and BE IT FURTHER RESOLVED: That a copy of this resolution be forwarded to the Chairman of the Elevator Safety Review Board. PASSED. AYES- 12 NOES- 0. No. 186 BY: MESSRS. FAHEY & COLLINS APPRECIATION FOR THE WORK OF SUMMER YOUTH ON LEAD SURVEY WHEREAS: Lead poisoning is a profound problem in our city because of Buffalo's old housing stock, much of which was painted for decades with leaded paint; and WHEREAS: This legacy means that many of our children are suffering from the subtle but debilitating effects of lead which can undermine the ability of children to learn and impact their health in many negative ways; and WHEREAS: The City of Buffalo and the County of Erie have set up a joint Lead Action Task Force to help in the effort to fight lead poisoning; and WHEREAS: Mrs. Nettie Anderson of the Hasten CAO has been instrumental in the work of the Task Force through initiating and supervising a survey of residents in Census Tract 35 which is the area of Buffalo hardest hit by Lead Poisoning; and WHEREAS: Mrs. Anderson enlisted Summer Youth workers who have been pounding the pavement and going door-to-door in Tract 35 surveying residents and informing them about the dangers of lead; and WHEREAS: Through the inspiring work of these young advocates, the beginning stage has been set for winning the fight against lead poisoning on Buffalo's East Side; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council expresses its profound appreciation to Mrs. Nettie Anderson and to the following citizens of our city who have carried out the Lead Action Task Force Survey: Shekuira Feaster 118 North Parade Ebony Prince 331 Dartmouth Ellen Rayton Collins 41 Beverly Road Bill Washington 70 Bennett Khadijah Beckman 69 Northumberland Oscar Hood 95 Mendola Robert Mollett 322 Fox Street Howard Washington 507 East Ferry Alejandro Overton 288 Chelsea PI Aaron Franklin 21 Roehrer Deonna Smith 111 East Parade Ronald Adams 204 Grey ADOPTED. No. 187 BY: MESSRS. FAHEY & HIGGINS POSITIVE DECLARATION LWRP SEQRA REVIEW WHEREAS: By resolution 224 C.C.P. May 12, 1992 "Lead Agency Designation - Local Waterfront Revitalization Program (LWRP) - State Environmental Quality Review Act (SEQRA)" this Common Council voted to seek lead agency status under SEQRA for the action of the adoption of Buffalo's Local Waterfront Revitalization Program; and WHEREAS: For this action the NYS Department of State is the only other involved agency as defined through SEQR regulations; and WHEREAS: The Department of State has received the Council's resolution and through a letter received August 17, 1992 the Department concurred with the designation of the Council as lead agency; and WHEREAS: The next step in the SEQR process is for the lead agency to file a "Positive Declaration: Notice of Intent to Prepare a Draft Environmental Impact Statement" with appropriate parties; and WHEREAS: SEQRA regulations give the Council 15 days from the August 17, 1992 receipt of Lead Agency concurrence to file the Positive Declaration; and WHEREAS: The process from that point involves: a scoping session to define issues to be addressed by the Draft Generic Environmental Impact Statement (DGEIS), preparation of the DGEIS using the preliminary DGEIS prepared by the Division of Planning as a basis; Council consideration, modification and acceptance of the DGEIS; Filing of a notice of completion of the DGEIS; Public Hearing on the DGEIS; Preparation of the Final GElS incorporating public comments and concerns; Council adoption of the Final GElS along with a SEQRA Findings Statement; Council Adoption of the LWRP; and the filing of the SEQRA Findings Statement with appropriate parties; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby adopts the following; NY State Environmental Quality Review Act POSITIVE DECLARATION Notice of Intent to Prepare a Draft Generic EIS This notice is issued pursuant to Part 617 of the implementing regulations for Article 8 (State Environmental Review Act) of the Environmental Conservation Law. The Common Council of the City of Buffalo, as Lead Agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Generic Environmental Impact Statement will be prepared. Name of Action: Adoption of the City of Buffalo Local Waterfront Revitalization Program (LWRP) SEQRA Status: Type 1 Location: The City of Buffalo Waterfront Area as established by the NYS Department of State Coastal Resources Division Description of Action: The Common Council of the City of Buffalo proposes to adopt an LWRP which will provide a framework for future land uses within the NY State designated Coastal Zone of the City of Buffalo. The city's program proposes significant desirable impacts for city residents through plans for substantial expansion of water related recreation, conservation uses and limited economic development projects. Coordinated planning, based on NYS Coastal Management Policies, will facilitate efficiency in the use of natural, human, and capital resources and will produce a balance of land uses. Reasons Supporting this Determination: Specific potential adverse impacts of carrying out the proposed LWRP include increased vehicular traffic, loss of non-designated natural habitats, change in land use patterns and increased density of development. More generally, the LWRP involves thousands of judgements which together create a balance among maintaining the natural resources of the waterfront, providing public access, and promoting economic development. The EIS process is needed to insure that the environmental impacts involved in creating that balance are considered in full. For Further Information Contact: William M. Nowak 716-851-4361 Legislative Assistant Buffalo Common Council 1413 City Hall Buffalo, NY 14202 Date: September 1,1992 PASSED. AYES- 12 NOES- 0. No. 188 BY: MR. HIGGINS EXCUSE COUNCILMEMBER FAHEY FROM MEETING NOW, THEREFORE BE IT RESOLVED: That Councilmember Eugene M. Fahey be and is hereby excused from the September 1, 1992 Common Council meeting due to his absence from the City. ADOPTED. No. 189 BY: MR. HIGGINS AUTHORIZE EXECUTION OF A LEASE FOR THE PETER J. CROTTY (CAZENOVIA PARK) CASINO WHEREAS: The Cazenovia Park Casino, closed and in disrepair since the late 1970's, underwent major reconstruction beginning in 1989,; and WHEREAS: In 1988, The Friends of Cazenovia Casino, a nonprofit community group, was established to reintroduce the public to the Casino hosting a number of well-attended free events including "Summer Series" featuring music and plays, three FallFest's, Children's Christmas Parties, and Caz Casino Classic Races; and WHEREAS: Earlier this year, the City honored the memory of a South Buffalo resident and longtime local, state and national civic leader by renaming the building The Peter J. Crotty Casino; and WHEREAS: While the Casino has been home to "Summer Stretch," a free eight week creative educational program for children and used by a number of community groups; and WHEREAS: Each group using the Casino has met the City requirement to provide liability insurance but this requirement has precluded the Casino's use by private individuals; and WHEREAS: In an attempt to fully redevelop the Casino, the Department of Public Works advertised for proposals from qualified developers in order for the City of Buffalo to determine the most acceptable redevelopment plan for the Cazenovia Casino; and WHEREAS: Parker Bay Consultants responded to the advertisement on February 15, 1991 with a plan for food and beverage concession and operation of special events; and WHEREAS: It is vital a daily presence be established at the Peter J. Crotty Casino promoting its use and viability; and WHEREAS: The City does not have the resources to develop and properly manage the Casino and must look to a private concern; and WHEREAS: This Common Council authorized the Commissioner of Public Works to negotiate a lease with Parker Bay Consultants (C.C.P. #183, March 17, 1992.) NOW, THEREFORE BE IT RESOLVED: That the Mayor be and he is hereby authorized to execute a lease for the City-owned Peter J. Crotty (Cazenovia Park) Casino with Parker Bay Consultants Inc. for a period of seven (7) years commencing on the date of the execution of this lease and ending seven (7) years thereafter, subject to renewal upon the mutual agreement of both parties, under the terms and conditions to be determined by the Department of Public Works, Corporation Counsel and the Comptroller's Office. PASSED. AYES- 12 NOES- 0. No. 190 BY: MR. HIGGINS PROHIBIT USE OF STATE MUNICIPAL IDA"S TO CAUSE ECONOMIC HARM TO ERIE COUNTY MUNICIPALITIES WHEREAS: In May 1969 New York State granted authority to municipalities throughout New York State to create Industrial Development Agencies (IDA) to promote economically sound commerce and industry through governmental action for the purpose of preventing unemployment and economic deterioration; and WHEREAS: While competition for economic development between New York State municipalities may have been presumed, encouragement of competition by the introduction and use of IDA's clearly was not, nor was it the intent of the enabling legislation; and WHEREAS: While the legislation's language does imply a prohibition against "pirating" of industry by one New York State municipality from another, there is evidence that "pirating" has and continues to occur with the use of IDA program incentives. NOW, THEREFORE, BE IT RESOLVED: That this Common Council memorializes the New York State Senate and Assembly to amend the general municipal law and the real property tax law, Article 18-A Industrial Development, Section 862 "Restrictions on funds of the Agency" to add no New York State municipality shall offer and execute an IDA sponsored incentive program to any industrial and commercial interest based in another State municipality without the signed consent of the executive of the municipality from which the said interest is being displaced. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to send a certified copy of this resolution to the Clerk of the Assembly, Secretary of the Senate, and the Western New York Delegation. ADOPTED. No. 191 BY: MRS. LOTEMPIO STATUS OF PROPERTY EXEMPTIONS WHEREAS: All property owners in Buffalo have received new assessment information; and WHEREAS: Many of these properties have exemptions for one reason or another; and WHEREAS: An increase in the value of these properties would seem to lessen the monetary value of the exemptions as it relates to the total tax bill; and WHEREAS: The taxpayers of Buffalo should be made aware of all aspects of revaluation and its impact on exempted properties; NOW, THEREFORE BE IT RESOLVED: That the City Assessor file with this Council by its next stated meeting, the impact of revaluation on properties that receive senior citizen, veteran and handicap exemptions. ADOPTED. No. 192 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 50 - DEPARTMENT OF HUMAN RESOURCES 50-4 DIVISION OF SUBSTANCE ABUSE SERVICES The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-4 Division of Substance Abuse Services under the subheading "011 - YDA-DACC Narcotic Control Program" is hereby amended by deleting therefrom: 1 Stenographic Secretary $23,049 - 26,573 and further, That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-0 Department of Human Resources under the subheading 001 Executive - Administrative is hereby amended by adding thereto: 1 Stenographic Secretary $23,049 - 26,573 WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F. KEENAN, Director of the Budget, hereby certify that the transfer of one (1) Stenographic Secretary position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Laurence K. Rubin, Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 193 BY: MESSRS. PITTS & FAHEY SET PUBLIC HEARING: PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF WATERFRONT REDEVELOPMENT PROJECT NYR-35 DISPOSITION PARCELS 19 AND 19D WHEREAS, Buffalo Columbus Hospital and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a portion of Waterfront Redevelopment Project NYR-35; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 4th day of September 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 the 15th day of September 1992. ADOPTED. No. 194 BY: MR.. ZUCHLEWSKI POSSIBLE RELOCATION OF CAMPUS WEST WHEREAS: On August 5, 1992, the Superintendent of the Buffalo Public Schools received a letter from the President of Buffalo State College informing him of the possible need to relocate the Campus West School next year because of-an increased demand for space by the college, and WHEREAS: The presence of a school within the College dates back more than 100 years to the former "School of Practice," the College Learning Lab and now Campus West, and WHEREAS: Campus West has an obvious benefit to the College's Education Dept. where thousands of prospective teacher's have received their training at Campus West through student teaching, placement for graduate assistants, speech and language training and observation decks for college students to observe actual classroom situations, and WHEREAS: Two years ago, State University of New York Central Administration in Albany pulled the state funding from the school which caused a disruption in the student life through the loss of teachers, administrators and fellow students, and WHEREAS: At the time of the funding cut by SUNY Central, the parents, students, local and state representatives and School Board members were assured by SUNY officials in Albany and Buffalo that they intended to have Campus West remain at the Buffalo State campus on a long term basis, and WHEREAS: Last year the school year was disrupted in mid-January by a water leak which caused asbestos to become exposed and forced the relocation of 800 students to three different facilities, and also inconvenienced and relocated other students at those facilities, and WHEREAS: SUNY officials again assured the Superintendent of Schools, elected state officials and parents that they intended to maintain a long term relationship with the Buffalo School system at this location, and WHEREAS: Before this school year even begins, the Campus West is again faced with an uncertain future which may adversely impact upon student, teacher and parent morale, and WHEREAS: If the School Board is forced to relocate 800 students, they do not have adequate facilities to accommodate them, and WHEREAS: The Parent Faculty Association at Campus West stands to lose $8,000 they invested in fencing for their playground in addition to a $12,000 deposit they placed for new playground equipment, which was authorized by the college with no forewarning of a possible relocation next year, and WHEREAS: The Western New York delegation to the State Legislature is in the process of assisting the college to acquire property in the vicinity of the campus and WHEREAS: State Legislators are also attempting to utilize vacant buildings at the adjacent Buffalo Psychiatric Center for expansion of the Buffalo State College campus, and WHEREAS: The City of Buffalo and the neighborhood adjacent to the college has been forced to endure a student housing problem which has encouraged the growth of absentee landlords in the area and have forced property values to decline and owner occupied homes to become rare, and WHEREAS: The neighborhood is also forced to endure the wrath of frat houses, loud student parties, bars that attract youthful patrons, and severe parking problems, all of which put an undue strain on our police force, housing inspectors, and other departments, and WHEREAS: The one tangible benefit the community receives from the presence of the college is the fact that a magnet school is located on its campus attracting children from around the city and a waiting list for entrance to take advantage of its programs, and WHEREAS: it would be unconscionable if grammar school children were thrown out of a modern, centrally located, first class facility and onto the streets while other options were ignored or not adequately pursued. NOW, THEREFORE, BE IT RESOLVED: That this Common Council officially state its opposition to any attempt to relocate Campus West Grammar School from its current location on the campus of the State University College at Buffalo, and BE IT FURTHER RESOLVED: That this Common Council request that the State university of New York Administration in Albany and Buffalo explain its reasoning for considering not adhering to their committed "long term relationship" between the college and Campus West, and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to send certified copies of this resolution the Western New York delegation to the New York State Legislature, and SUNY Central Administration in Albany and the President of Buffalo State College. ADOPTED. No. 195 BY: MR. ZUCHLEWSKI FELICITATIONS AND/OR IN MEMORIAMS Attached hereto are Felicitations or in Memoriams sponsored by members of the Common Council: Felicitation for Commissioner Ralph V. Degenhart By Councilmember Fahey Felicitation for Aracoma High School Reunion Day By Councilmember Collins Felicitation for Etta James Day By Councilmember Collins Felicitation for Rev. Albert Charles Ware By Councilmember Pitts Felicitation for University Heights Center By Councilmember Amos Felicitation for Gemini Dance/Xeliztarrak By Councilmember Bell In Memoriam for Mary G. Murphy By Councilmember Higgins 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. 196 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: Sandra M. Bedell Maureen Geoghan Cheryl B. Sturtevant Mark L. Winklesas TOTAL: 4 ADOPTED. No. 197 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: Linda Fleming Joseph L. Schiavone TOTAL: 2 ADOPTED. No. 198 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, SEP 8, 1992 9:30 AM FINANCE Tuesday, SEP 8, 1992 Immediately Following Civil Service LEGISLATION Tuesday, SEP 8, 1992 2:00 PM ECON. DEV. Wednesday, SEP 9, 1992, 10:00 AM ANCILLARY COMMITTEES BUFFALO WATER BOARD HRG. Wed. Sep 2, 1992 7:00 PM BUFFALO WATER BOARD HRG. Mon. Sep 14, 1992 7:00 PM No. 199 ADJOURNMENT On motion by Mr. Higgins seconded by Mr. Collins the Council adjourned at 4:20 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.