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Home My WebLink About96-0709 No. 14 Common Council Proceedings of the City of Buffalo Regular Meeting, July 9, 1996 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbra Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Barbara Miller-Williams - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy Byron Brown Masten Robert Quintana Niagara Dale Zuchlewski North Bonnie K. Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : David J. Czajka, Chairman, Alfred T. Coppola, Kevin J. Helfer,David Franczyk, Barbara Miller-Williams, Members CLAIMS COMMITTEE : Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-Williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David A. Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio, Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer. BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman; Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin L. Helfer, Bonnie K. Lockwood, Comptroller/Designee, Commissioner of Public Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club. PARKS CONSERVANCY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. GREENWAY TASK FORCE: Bonnie Kane-Lockwood, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P. Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David Czajka Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, Jay Burney, Mark Kubiniec, Yerby Dixon. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, January 9, 1996 at 2:00 P.M. PRESENT- James W. Pitts President of the Council, and Council Members Brown, Coppola, Czajka, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski - 12. ABSENT- Franczyk - 1. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on June 25, 1996, and the Special Session held June 28, 1996 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Commission on Human Relations Pursuant to the provision of Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint Gail Hallerdin, residing at 291 East Street, Buffalo, New York 14207 as a member of the Commission on Human Relations, representing the North District, effective immediately for a term expiring February 27, 2000. Gail Hallerdin previously represented the Niagara District on the Commission on Human Relations. I hereby certify that the above named individual is fully qualified for appointment to the Commission on Human Relations. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 W. Schierlitz, Request to Convert Retail Store into Sit-in Restaurant 1209 (1211) Hertel Avenue The City Planning Board at its regular meeting held Tuesday, July 2, 1996 considered the matter captioned above pursuant to section 511-59 of the Buffalo Code, Review of Eating and Drinking Places in the Hertel Special District. The applicant seeks to convert an existing vacant storefront into a takeout ice cream parlor. The total floor area of the facility will be 650 square feet. The site is located in a C2 zone which permits such uses. Under SEQR the proposed use is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed takeout restaurant. RECEIVED AND FILED FROM THE COMPTROLLER No. 3 Capital Debt Service Fund Deposits 1996/1997 Fiscal Year Certificate Number 1-96-97 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period commencing July 1, 1996 and ending June 30, 1997. I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." Duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1996 and ending June 30, 1997 is $37,871,146.28. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1996 through and including November 30, 1996), is $13,979,771.89. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1996 through and including June 30, 1997), is $23,891,374.39. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1996 and ending December 31, 1996 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,205,705.00 7-31-96 M&T Trust Company Buffalo, New York Serial Bonds 404,188.75 7- 31-96 Key Trust Company Albany, New York Serial Bonds 448,267.50 7-31-96 Marine Midland Bank New York, New York Serial Bonds 254,130.00 8-1-96 Chase Man. Bank, NA New York, New York Serial Bonds 598,196.25 8-14-96 Key Trust Company Albany, New York Serial Bonds 699,651.25 8-14-96 Marine Midland Bank New York, New York Serial Bonds 1,690,000.00 8-15-96 Marine Midland Bank New York, New York Serial Bonds 686,911.26 8-30-96 Marine Midland Bank New York, New York Serial Bonds 15,240.00 9-1-96 Chase Man. Bank, NA New York, New York Serial Bonds 415,232.50 9-30-96 Chemical Bank New York, New York Serial Bonds 481,303.13 9-30-96 Marine Midland Bank New York, New York Serial Bonds 721,068.75 9-30-96 Fleet Trust Company New York, New York Serial Bonds 190,750.00 10-1-96 Chase Man. Bank, NA New York, New York Serial Bonds 1,600,000.00 10-1-96 Marine Midland Bank New York, New York Serial Bonds 184,335.00 11-1-96 Chase Man. Bank, NA New York, New York Serial Bonds 45,100.00 11-29-96 M&T Trust Company Buffalo, New York Serial Bonds 715,332.50 11-29-96 Marine Midland Bank New York, New York Serial Bonds 477,360.00 11-29-96 Key Trust Company Albany, New York Serial Bonds 130,000.00 12-1-96 M&T Trust Company Buffalo, New York Serial Bonds 88,000.00 12-1-96 Chase Man. Bank, NA New York, New York Serial Bonds 1,884,000.00 12-1-96 Key Trust Company Albany, New York Serial Bonds 1,045,000.00 12-1-96 Marine Midland New York, New York $13,979,771.89 5. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on July 1, 1996 is $13,979,771.89. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1997, and ending June 30, 1997, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,205,705.00 1-31-97 M&T Trust Company Buffalo, New York Serial Bonds 404,188.75 1-31-97 Key Trust Company Albany, New York Serial Bonds 448,267.50 1-31-97 Marine Midland New York, New York Serial Bonds 6,115,000.00 2-1-97 M&T Trust Company Buffalo, New York Serial Bonds 13,327.50 2-1-97 Chase Man. Bank, NA New York, New York Serial Bonds 1,345,000.00 2-1-97 Key Trust Company Albany, New York Serial Bonds 85,000.00 2-1-97 Marine Midland New York, New York Serial Bonds 598,196.25 2-14-97 Key Trust Company Albany, New York Serial Bonds 656,978.75 2-14-97 Marine Midland Bank New York, New York Serial Bonds 1,815,000.00 2-15-97 Key Trust Company Albany, New York Serial Bonds 686,911.26 2-28-97 Marine Midland Bank New York, New York Serial Bonds 1,795,000.00 3-1-97 Marine Midland Bank New York, New York Serial Bonds 415,232.50 3-31-97 Fleet Bank Buffalo, New York Serial Bonds 721,068.75 3-31-97 Fleet Trust Company New York, New York Serial Bonds 444,503.13 3-31-97 Marine Midland Bank New York, New York Serial Bonds 1,265,000.00 4-1-97 Fleet Bank Buffalo, New York Serial Bonds 2,705,000.00 4-1-97 Fleet Trust Company New York, New York Serial Bonds 514,000.00 4-1-97 Chase Man. Bank, NA New York, New York Serial Bonds 125,690.00 5-1-97 Chase Man. Bank, NA New York, New York Serial Bonds 40,940.00 5-30-97 M&T Trust Company Buffalo, New York Serial Bonds 688,685.00 5-30-97 Marine Midland Bank New York, New York Serial Bonds 439,680.00 5-30-97 Key Trust Company Albany, New York Serial Bonds 1,363,000.00 6-1-97 Chase Man. Bank, NA New York, New York $23,891,374.39 7. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on December 1, 1996 is $23,891,374.39. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 1-96/97 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 27th Day of June, 1996 REFERRED TO THE COMMITTEE ON FINANCE No. 4 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $435,000 for Reconstruction of Fire Station. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Cap. Proj. 200-402-008 BAN/Bond Sale $435,000 Mrs. LoTempio moved: That the communication from the Comptroller, dated June 27, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the City, Board and Enterprise Capital Projects Funds in the amount of $435,000 for Reconstruction of Fire Station. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES - 12 NOES - 0 No. 5 Certificate of Determination $20,000,000 Revenue Anticipation Note Sale Certificate of Determination by the Comptroller as to the authorization, issuance, form and content, sale and award of $20,000,000 Revenue Anticipation Notes - 1995/1996B of the City of Buffalo, New York. The Notes are hereby sold at an informal sale based on the written proposal submitted on June 18, 1996 to Marine Midland Securities, Inc., New York, New York. The Notes will be dated June 24, 1996 and will bear interest at the rate (4.50%) per annum, payable on July 30, 1996. The Notes will be delivered and shall be paid for on June 24, 1996 in New York, New York. REFERRED TO THE COMMITTEE ON FINANCE No. 6 Distribution of Recycling Blue Boxes By Community Centers Item No. 125, C.C.P. 5/14/96 In July of 1995 we filed with the Council our audit of the Recycling Blue Boxes. The Department of Street Sanitation started to charge for replacement of the blue boxes in February of 1993. The charge was $3.00 to cover the cost of the blue box. Our audit recommended that the Common Council approve the $3.00 fee and specify which department should collect and deposit the fees. We recommended that the Department of Street Sanitation continue to collect and deposit the fees and provide each customer with a pre-numbered receipt for improved control over cash receipts. Item No. 207, C.C.P. 2/20/96 suggested an easier method to distribute blue boxes throughout the community by making the blue boxes available in the community centers located in most neighborhoods. The Commissioner of Streets responded to this item in Item No. 45, C.C.P. 3/5/96. His only concern was who would be accountable for the monies collected. If we had each community center selling blue boxes, we would be decentralizing our cash collections. This is the opposite of what the City has been trying to achieve in centralizing cash collection. There is no reason to change the internal controls already in place. The distribution of recycling boxes at community centers is possible as long as the boxes are paid for and a receipt given to the purchaser by the Department of Street Sanitation. The purchaser could be a community organization that buys 50 blue boxes. However, the community center should set up its own system to handle the collection of monies and distribution of the boxes. The community centers can buy the blue boxes and sell them as citizens come in, or they can collect the money and then buy the blue boxes at City Hall and then distribute them at a later date to citizens who paid. REFERRED TO THE COMMITTEE ON FINANCE No. 7 Result of Negotiations 90 & 92 Hopkins Street Item No. 129, C.C.P. 6/25/96 In the above referenced item Your Honorable Body approved a lease agreement between Mr. Alkey Castricone and the City of Buffalo for the use of the above mentioned premises. The lessee has the option to purchase the property during the term of the lease. Mr. Castricone has decided to purchase the property. Mr. Castricone will be using the property for his business which builds and refurbishes wooden pallets. The property consists of approximately 8.9 acres of land and has several dilapidated buildings that Mr. Castricone intends to renovate for his business. An independent appraisal of the property was conducted by Mr. Frank A. Pirritano, Appraiser, P.O. Box 650, West Seneca, New York 14224. He has estimated the fair market value of the property to be Fourteen Thousand Two Hundred Dollars ($14,200). This represents approximately Sixteen Hundred Dollars per acre. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Castricone has agreed and is prepared to pay Fourteen Thousand Two Hundred Dollars ($14,200.00). He has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body refer this item to the City Planning Board, since the property lies within a Coastal Review District. I am further recommending, should Your Honorable Body approve the request to purchase, that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE, CITY PLANNING BOARD, AND CORPORATION COUNSEL No. 8 Request Use of City-Owned Properties On Jefferson Between Landon and Riley Streets The office of the Comptroller, Division of Real Estate, has received a request from Christ Against Crack Crusade, Marvin J. McDaniel Evangelistic Ministry, P.O. Box 3382, Ontario, California 91761, Lori A. Porter, Administrator, to use city-owned vacant land on Jefferson Avenue between Landon and Riley Streets for a tent crusade. The request is for the period of July 27 through August 10th, 1996. The Division of Real Estate has no objection to the request. The organization has agreed to hold the City of Buffalo harmless from liability and personal injury resulting from their use of the property. They will provide insurance coverage to be approved by the Corporation Counsel. They have also agreed to keep the property free of rubbish and debris while using the property and deposit $500 for clean-up should the City have to incur cost for clean-up. Your Honorable Body has approved similar requests in the past. I am recommending that should the request be approved, it be approved upon the above stated condition. Mrs. LoTempio moved: That the communication from the Comptroller, dated July 3, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to grant Lori A. Porter, Administrator of Christ Against Crack Crusade, Marvin J. McDaniel Evangelistic Ministry, P.O. Box 3382, Ontario, California 91761, use of city-owned vacant land on Jefferson Avenue between Landon and Riley Streets for a tent crusade for the period of July 27 through August 10, 1996; with the terms and conditions as listed in the above communication and as determined by the Department of Public Works. PASSED AYES - 12 NOES - 0 No. 9 Certificate of Appointment Appointment Effective July 1, 1996, in the Department of Audit and Control, Division of Real Estate to the Position of Administrative Assistant, Permanent, at the Intermediate Starting Salary of $29,154: Pamela L. Grzebielucha, 182 Newfield Street, Buffalo, New York 14207. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT No. 10 Certiorari Proceedings 17 Court Street Associates 1996-97 Tax Year This is to advise that the owner, 17 Court Street Associates, instituted certiorari proceedings on 17 Court Street, Buffalo, New York, regarding the assessment for the fiscal year 1996-97 (taxable status date December 1, 1995). The final assessment for such fiscal year was $800,000. The owner is agreeable to a settlement which would result in a reduction of $200,000 to $600,000 for 1996-97 on 17 Court Street. This would result in a reduction of City property taxes due for 1996-97 from $29,282.91 to $21,963.81, or a reduction of $7,319.10. Based on a review of the current market value of the property, which recently sold for $590,000, I feel this settlement would be in the best interest of the City. I recommend, therefore, this settlement, in which the Department of Law concurs. I hereby request that the Corporation Counsel be authorized to settle the 1996-97 tax certiorari proceeding on 17 Court Street by reducing the assessment from $800,000 to $600,000. Mrs. LoTempio moved: That the Corporation Counsel and the Commissioner of Assessment be and they hereby are authorized to settle the 1996-97 tax certiorari proceeding on 17 Court Street by reducing the assessment from $800,000 to $600,000. PASSED AYES - 12 NOES - 0 No. 11 Certiorari Proceedings Sanford Rosenberg, 290 Franklin Street Fiscal Years 1993-94 through 1996-97 This is to advise that the owner, Sanford Rosenberg, instituted certiorari proceedings on 290 Franklin Street, Buffalo, New York, regarding the assessment for the fiscal years 1993-94 through 1996-97. The assessment was reviewed by this department and the owner expressed a willingness to settle the proceedings. The final assessment for each of the fiscal years was $249,000. The owner is agreeable to a settlement which would result in a reduction to $185,000 for each year in question. The amount of City taxes due for 1996-97 on $249,000 is $9,114.98. The amount due on an assessment of $185,000 would be $6,772.18, or $2,342.78 less. Based on a review of the current market value of the property, I believe this settlement to be in the best interest of the City. I recommend, therefore, this settlement, in which the Department of Law concurs. I hereby request that the Corporation Counsel be authorized to settle the 1993-94, 1994-95, 1995-96 and 1996-97 tax certiorari proceeding on 290 Franklin Street by reducing the assessment for each year in question from $249,000 to $185,000. Mrs. LoTempio moved: That the Corporation Counsel and the Commissioner of Assessment be and they hereby are authorized to settle the 1993-94, 1994-95, 1995-96, and 1996-97 tax certiorari proceeding on 290 Franklin Street by reducing the assessment for each year in question from $249,000 to $185,000. PASSED AYES - 12 NOES - 0 No. 12 Certiorari Proceedings Rose Lipman, 294 Franklin Street Fiscal Years 1993-94 through 1996-97 This is to advise that the owner, Rose Lipman, instituted certiorari proceedings on 294 Franklin Street, Buffalo, New York, regarding the assessment for the fiscal years 1993-94 through 1996-97. The assessment was reviewed by this department and the owner expressed a willingness to settle the proceedings. The final assessment for each of the fiscal years was $192,000. The owner is agreeable to a settlement which would result in a reduction to $160,000 for each year in question. The amount of City taxes due for 1996-97 on $192,000 is $7,027.90. The amount due on an assessment of $160,000 would be $5,856.58, or $1,216.32 less. Based on a review of the current market value of the property, I believe this settlement to be in the best interest of the City. I recommend, therefore, this settlement, in which the Department of Law concurs. I hereby request that the Corporation Counsel be authorized to settle the 1993-94, 1994-95, 1995-96 and 1996-97 tax certiorari proceeding on 294 Franklin Street by reducing the assessment for each year in question from $192,000 to $160,000. Mrs. LoTempio moved: That the Corporation Counsel and the Commissioner of Assessment be and they hereby are authorized to settle the 1993-94, 1994-95, 1995-96 and the 1996-97 tax certiorari proceeding on 294 Franklin Street by reducing the assessment for each Year in question from $192,000 to $160,000. PASSED AYES - 12 NOES - 0 No. 13 Request Approval of Certificate of Adjusted Base Proportion Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. The aforementioned Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date, and forward said Certificate to the New York State Office of Real Property Service, to the attention of Michael Griffin, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the city clerk to furnish this department with a copy of the approved certificate. REFERRED TO THE COMMITTEE ON FINANCE No. 14 Request Approval of Certificate of Base Percentages, Current Percentages and Current Base Proportions Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. The aforementioned Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date, and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the city clerk to furnish this department with a copy of the approved certificate. The approval of this Certificate is the primary step toward the final calculation of the City's Base Proportions that occurs after the March 1, 1996 Assessment is completed. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS No. 15 Change in Contract Ken Bailey Recreation Center 2777 Bailey Avenue I hereby submit to Your Honorable Body the following changes for the Ken Bailey Recreation Center, Nichter Construction Co., Inc., General Construction - C 91820500. 1. Provide and install a new 8 inch cast iron storm sewer lateral for the southern portion of the building, to tie into the existing storm water trunk line below Bailey Avenue. Add $14,991.00 2. Provide and install four (4) additional #9 rebars at the Balcony. Add $452.00 The foregoing change results in a net increase in the contract of Fifteen Thousand Four Hundred Forty Three Dollars ($15,443.00). Summary: Original Amount of Contract $3,151,000.00 Change Order No. 1, CCP 1/09/96; Item #11 Add 87,853.00 Change Order No. 2, CCP 01/23/96; Item #22 Add 6,544.00 Change Order No. 3, CCP 02/20/96; Item #51 Add 7,416.00 Change Order No. 4, CCP 05/14/96; Item #30 Add 737.00 Amount of This Change (No. 5) Add 15,443.00 Revised Amount of Contract $3,268,993.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect and the Department of Public Works and found to be fair and equitable. Funds for this work will be in B/F 200-402-022 - 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. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated June 24, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 5 to Nichter Construction Co., Inc., changes resulting in a net increase in the amount of $15,443.00, as more fully described in the above communication, for work relating to Ken-Bailey Recreation Center, C-91820500. Funds for this project are to be charged to B/F 200-402-022, Division of Buildings. PASSED AYES - 12 NOES - 0 No. 16 Change Order No. 1 New Watermains at the Crossroads Area City Contract No. 91805800 I hereby submit to your Honorable Body the following Change Order No. 1 with Visone Construction Inc. for work relating to New Watermains at the Crossroads Area, City Contract No. 91805800: Work Item No 01.210 Survey and StakeoutIncrease: $960.00 Work Item No. 01.300 Engineer's Field OfficeIncrease: $500.00 Work Item No. 09.31110 12xlO Tapping Sleeve and Valve Increase: $3,500.00 Work Item No. 09.110 10" Ductile Iron Pipe-CL52 Increase: $12,480.00 Work Item No. 09.506 6" Valve and Box Increase: $500.00 Work Item No. 12.110 Maintenance and Protection of Traffic Increase: $1,080.00 These quantities increased because of the additional work to install 10 inch waterline on Perry Street from Main Street to Perry Street. Work Item No. 02.110 Extra Excavation Increase: $10,517.50 Work Item No. 03.111 Extra Select Granular Fill Increase: $2,681.60 These quantities increases are necessary because of field changes due to previously unknown existing conditions on the original contract, particularly South Park Avenue and miscellaneous areas throughout the entire job. Work Item No. 403.13 Binder Dense (2.5")Increase: $8,706.94 This quantity increase reflects the unanticipated change in scope of restoration. Quantity adjustments were necessary because there was more material that went to trench restoration than what was originally bid. Work Item No. 09.1101 10" Ductile Iron Pipe-CL56 Increase: $247.10 Work Item No. 09.420 20" Diameter CasingIncrease: $1,000.00 This quantity increase was necessary to meet Conrail specification that the bore pit must be 25 feet beyond the outside of the nearest rail. The rails cross Perry Street on a diagonal and this may be why the quantity was shy in the design. Work Item No. 09.930 Replace fire hydrantIncrease: $1,100.00 This quantity increased because one hydrant was added to the work on Perry Street at Washington and second hydrant at Perry and Louisiana Street. Work Item No. 09.420 Cut, cap and Restrain existing water lines Increase: $842.95 This increase was necessary because of previously unknown underground water lines that were out of service but still tied into an existing watermains. These were encountered on South Park and on Perry Street. Work Item No. 09.504 4" Valve and Box Increase: $1,000.00 This increase was due to an insufficient quantity in the original contract. The service to 23 Illinois Street required a 4 inch valve and Service for 97 Michigan being 1.5 inch service per plan required a 4 inch valve. Work Item No. 09.510 10" Valve and BoxIncrease: $3,260.00 Work Item No. 09.512 12" Valve and BoxIncrease: $1,040.00 The added quantity was necessary as two 10" valves were installed on the added waterline work on Perry Street between Washington and Main Street. Work Item No. 90.900 Mobile Field OfficeIncrease: $3.00 This quantity increased because of Perry Street extension between Washington and Main Street. Additional time was granted to complete restoration. Work Item No. 02.120 Rock Excavation Decrease: $25.41 As there was no additional rock encountered on this job a decrease is realized. Work Item No. 03.310 Removal of Rail Decrease: $265.10 This quantity is being decreased because rails crossing Perry Street at Bainite were not completely removed. These rails will be removed on a future project. Work Item No. 04.120 Asphalt Fine Top (1.5")Decrease: $20,746.56 Work Item No. 05.110 Cement Concrete BaseDecrease: $61,392.24 Work Item No. 04.120 Metal Reinforcement (4/4 4x4) Decrease: $9,837.10 Work Item No. 05.500 4" Concrete Cap Decrease: $8,817.60 Work Item No. 90.160 Removal, Palletization and Storage of Cobblestone PavementDecrease: $2,355.78 As previously stated the scope of pavement restoration on this project changed because of future planned construction. Work Item No. 09.104 4" Ductile Iron Pipe - CL 52 Decrease: $1,712.40 Work Item No. 90.106 6" Ductile Iron Pipe - CL 52 Decrease: $4,246.00 Work Item No. 90.108 8" Ductile Iron Pipe - CL 52 Decrease: $7,931.25 Work Item No. 09.112 12" Ductile Iron Pipe - CL 52 Decrease: $5,449.20 Work Item No. 09.410 Ductile Iron SpecialsDecrease: $4,522.50 These quantities are all being deducted because they were not required to complete the job. Work Item No. 09.31610 16" x 10" Tapping Sleeve and Valve Decrease: $1,415.40 One tapping sleeve was not installed. The deduction is for not installing the sleeve. Work Item No. 09.710 3/4" to 2" Corporation Stops Installed Decrease: $450.00 Work Item No. 09.720 3/4" to 2" Curb Stops Installed Decrease: $350.00 Work Item No. 09.730 3/4" to 2" Copper Service Pipe Installed Decrease: $4,471.88 Work Item No. 09.814 Water Service Box Complete Decrease: $600.00 The original contract estimate was done on the best of the city records. As it turned out many buildings were getting serviced from a difference street plus some services were shown where buildings had been demolished. Work Item No. 09.905 Remove Fire HydrantDecrease: $550.00 On South Park Avenue near where the new arena is located there were hydrants removed by others that were on plans. Costs have been reviewed by the Department of Public Works and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $855,803.00 Change Order No. 1 - Decrease $85,719.33 CURRENT AMOUNT OF CONTRACT $770,083.68 Funds in the amount of $85,719.33 are to be credited to the Division of Water's 416-982-505-00-000 Capital Project Fund. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated July 1, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Visone Construction Inc., changes resulting in a net decrease in the amount of $85,719.33, as more fully described in the above communication, for work relating to New Watermain at the Crossroads Area, City Contract No. 91805800. Funds for this project are to be credited to Division of Water's 416-982-505-00-000 Capital Project Fund. PASSED AYES - 12 NOES - 0 No. 17 Designation of Lead Agency State Environmental Quality Review Worthington Business Center Access Road Bailey Avenue to Worthington Complex The City of Buffalo Department of Public Works is requesting lead agency status for the State Environmental Quality Review process for the above noted project. You have been identified as an involved agency. The action involves the construction of a new private road from Bailey Avenue to the Worthington Complex. Approvals by the City of Buffalo Common Council, the Buffalo Sewer Authority and the City of Buffalo Department of Public Works will be required for this project. The Department of Public Works believes that this action will not result in a significant adverse environmental impact. We are requesting that your agency state your interests and concerns regarding designation of the City of Buffalo Department of Public Works as the lead agency and potential impacts of the overall project. A copy of a short Environmental Assessment Form for this project is attached. Failure to respond to this notice within thirty (30) days will be interpreted as your agency having no interest in the choice of lead agency and having no comments on the action at this time. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated June 24, 1996, be received and filed; and That the Department of Public Works be, and hereby is designated to act as Lead Agency for Washington Business Center Access Road - Bailey Avenue to Worthington Complex in accordance with Section 617.6 of the New York State Environmental Quality Review Act. PASSED AYES - 12 NOES - 0 No. 18 Report of Bids Floor Reconstruction Engine 24, Ladder 7 Engine 38, Ladder 13 I advertised for on June 18, 1996 and received the following sealed proposals which were publicly opened and read on July 2, 1996. The Hadala Corp.$123,000.00 Nichter Construction$133,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that The Hadala Corp., in the amount of One Hundred Twenty Three Thousand Dollars ($123,000.00) is the lowest responsible bidders 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 available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $120,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated July 2, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Floor Reconstruction at Engine 24, Ladder 7, Engine 38, Ladder 13 to The Hadala Corp., the lowest responsible bidder in the amount of $123,000.00. Funds for this project are available in B/F #200-402-008 - Division of Buildings. PASSED AYES - 12 NOES - 0 No. 19 Report of Bids Painting Steel Pipe Casing and Pipe Bridge Crossing Scajaquada Expressway at Main Street As authorized by your Honorable Body plans and specifications were prepared and sealed proposals accepted for Painting the Steel Pipe Casing and Pipe Bridge Crossing the Scajaquada Expressway at Main Street. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on June 24, 1996. Erie Painting and Maintenance, Inc. 999 Rein Road Cheektowaga, New York 14225 $33,700.00 C&A Painting 28 Garden Avenue West Seneca, New York 14224 $36,800.00 Marine Steel Painting Corp. 2064 Zoeller Road Alden, New York 14004$39,000.00 Amherst Painting, Inc. 318 Sawyer Avenue Tonawanda, New York 14150$41,625.00 Amstar of Western New York, Inc. 4245 Union Road, PO Box 253, Suite 209 Cheektowaga, New York 14225 $45,000.00 Atlas Painting and Sheeting Corp. 127 Skillen Street Buffalo, New York 14207$54,000.00 I certify that the foregoing is a true and correct statement of all bids received and that Erie Painting and Maintenance, Inc., 999 Rein Road, Cheektowaga, New York is the lowest responsible bidder complying with the plans and specifications with their bid of $33,700.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Erie Painting and Maintenance, Inc. for this work the cost thereof to be charged to the Division of Water's Capital Project Account, 416-982-506 in the amount of $33,700.00 for the base bid plus approved unit prices for an additional $3,370.00 for a total encumbrance of $37,070.00. The Engineer's estimate for this project was $100,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated July 1, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Painting the Steel Pipe Casing and Pipe Bridge Crossing Scajaquada Expressway at Main Street to Erie Painting and Maintenance, Inc., the lowest responsible bidder in the amount of $33,700.00 for the base bid plus approved unit prices for an additional $3,370.00 for a total encumbrance of $37,070.00. Funds for this project are available in the Division of Water's Capital Project Account, 416-982-506. PASSED AYES - 12 NOES - 0 No. 20 Request for "All-Way" Stop signs Kingsley Street at Roehrer Avenue Item No. 195, C.C.P. 06/11/96 This is in response to C.C.P. No. 195 of June 11, 1996 regarding the aforementioned subject. An investigation by my department into the need for all-way stop control in Kingsley Street at Roehrer Avenue has yielded the following: 1. New York State Department of Transportation standards state that the occurrence within a twelve (12) month period of five (5) or more reported accidents would warrant the installation of "multi-way" stop control. Our records indicate that the accident history at this location over the last three (3) years does not satisfy this warrant. 2. In addition, New York State standards also say that a stop sign should not be used for speed control. Proliferation of multi-way stops only compound the problem. Pedestrians experience a "false sense of security" in anticipation of vehicles coming to a complete stop; however, these vehicles may "roll thru" or even ignore these stop signs. It appears that the problem isn't stop signs or lack of such, but speed limits and control. Therefore, I will by copy of this communication to Commissioner Kerlikowske, ask that his department monitor and enforce the traffic laws in this area. We believe the action taken above will alleviate the problems detailed in the resolution of June 11, 1996. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF POLICE No. 21 Oil Filter Recycling Item No. 75, C.C.P. 06/11/96 The above referenced item has been referred to this Department for our comments and/or recommendations. As outlined in the correspondence from Advanced Recycling Technology, Inc., the City of Buffalo's Street Sanitation and Fire Departments already recycle their oil filters through this firm. In order to increase the amount of filters recycled (and not disposed of in the waste stream) Your Honorable Body may wish, through legislation, to restrict the disposal of used oil filters in the waste stream and mandate the recycling of these items. Such legislation should be drafted in consultation with the New York State Department of Environmental Conservation and the Department of Street Sanitation. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF STREETS, AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION No. 22 Encroachment Tifft Street Overpass Mr. Michael Walravan, P.E., of Engineering Service Associates, Inc., acting as agent for BOC Process Plants, has requested permission to encroach City right-of-way underneath the Tifft Street railroad overpass with a 10 inch steel nitrogen gas line. The proposed gas line, which is non-flammable, would be installed primarily within Conrail railroad right-of-way beginning at Katherine Street and extending south to the City limit. That portion of gas line which crosses City right-of-way at Tifft Street would be 4 feet below grade. The Department of Public Works has reviewed this application pursuant to Chapter 413-69 (Encroachment Regulations) 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 any and all other City of Buffalo permits necessary for said installation be obtained. 2. That the gas line be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Engineering. 3. That the applicant be responsible for maintaining said gas line as long as it remains within City right-of-way. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond and certificate of insurance 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 encroachment. 5. In the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment as described in Chapter 413-67 (E) of the City Ordinances. REFERRED TO COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND CONRAIL No. 23 951 Elmwood Avenue Request Permission to Install Sidewalk Cafe Mr. Michael Sherk, owner of Rayzors Niteclub, located at 951 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. This application is contingent on the sidewalk being widened during the ongoing reconstruction of Elmwood Avenue. The proposed cafe would measure twenty-five feet (25') in length and project ten feet (10') from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Sherk's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty-five feet (25') in length or extend more than ten feet (10') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from city right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (25 x 10 = 250 x 2 = $500.00/yr.) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION No. 24 Appointment Appointment effective: June 24, 1996, in the Department of Public Works, Division of Water, to the Position of Junior Engineer, Provisional Promotion, at the Maximum starting salary of $32,395: Richard Rychnowski, 93 Lockwood, Buffalo 14220. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE No. 25 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies of the following checks: 8155-00102555 612.00 8155-00102899 5,268.15 8155-00102923 2,241.00 8155-00102926 1,799.10 8155-00102902 1,820.00 8155-00102917 435.90 8155-00102922 888.60 Total Deposit $13,064.75 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in the Trust & Agency Account, 610-200-217-00-313. REFERRED TO THE COMMITTEE ON FINANCE No. 26 Checks Received Item No. 104, C.C.P. 2/2/88 8155-00103007 $292.80 Total Deposit $292.80 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in the Trust & Agency Account, 610-200-217-00-300. REFERRED TO THE COMMITTEE ON FINANCE No. 27 COMBAT Grant Renewal Program 1995-1996 Item No. 167 C.C.P. 07/26/94 The Police Department has been awarded $180,000 in renewal funding from the New York State Division of criminal Justice Services for the renewal of our COMBAT Grant Program for the period April 1, 1995 through March 31, 1996 (see attached award letter from State). Due to the delay in approval of federal fiscal year 1995 Byrne Memorial Grant formula funding, the State's Department of Criminal Justice Services did not notify this office late May 1996. In addition, the City of Buffalo must initiate a new COMBAT Program that complies with the four-year funding limitation rule mandated by Congress. Representatives from the Department of Criminal Justice Services met with representatives from our Grants Section two weeks ago. The limitation rule was reviewed and new strategies were discussed for a new focus on COMBAT. The Department, in recognition of concerns that have been brought to our attention by the community as well as members of Your Honorable Body, have requested funds to initiate a City-wide Police Gang Suppression Unit. We are in the process of securing funds from other sources for this project, however, in the interim, we will be requesting that the Department of Criminal Justice Services provide personnel for at least four (4) Police Officers and a Lieutenant to start this Unit in the targeted COMBAT areas on the East and West Sides of Buffalo (West: Niagara Street/Delevan and back up to Richmond; East: Kensington to Delevan/Bailey). The State's Program Representative has advised the Department that this type of program will be acceptable by the State since the U.S. Attorney General has made a commitment to putting gangs out of business. This effort will also involve intra-agency cooperation from ATF, Career Criminal Task Force, FBI, Buffalo Narcotics Unit, precinct patrol officers and community police officers. The COMBAT Gang Suppression Unit will target gang members that have been arrested for both gun and drug offenses and work with the District Attorney's Office to ensure these cases are tracked throughout the criminal process to ensure full prosecution. The participating officers will check on any drug or gun arrests made within the East and West Side target areas when the task force member is made aware that a gang member has been arrested. These officers will work closely with patrol officers by collecting and disseminating intelligence information to increase the number of gang member arrests (especially those involved with weapons). Since the State is processing the renewal applications in this manner, we have experienced several bureaucratic delays. We are aware that your Honorable Body will be recessing for the summer break shortly and are respectfully asking that this item be voted upon before that recess. The delayed budget approvals at the Federal and State levels, beyond the City's control, have created a pressing situation for the processing of the required paperwork. If you have any questions or require further clarification of the above, please contact Captain Edward C. Hempling or Report Technician Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. Mrs. LoTempio moved: That the Commissioner of Police be and he hereby is authorized to accept $180,000 in renewal funding from the New York State Division of Criminal Justice Services for the renewal of its COMBAT Grant Program for the period April 1, 1995 through March 31, 1996. PASSED AYES - 12 NOES - 0 No. 28 Drug Interdiction/Points of Entry Grant Program Renewal 1995-1996 Item #82, C.C.P. 01/10/95 Item #18, C.C.P. 01/09/96) The Police Department is respectfully requesting authorization for the Mayor to renew our Drug Interdiction/Points of Entry Grant Program between the City of Buffalo and the New York State Division of criminal Justice Services for the period December 1, 1995 through November 30, 1996 (see attached award letter from State). Due to the delay in approval of Federal Fiscal Year 1995 Byrne Memorial Grant Formula Funding, the State's Department of Criminal Justice Services has extended and increased existing 1994 grant award contracts to facilitate the continued funding of on-going projects. Rather than issuing formal contracts, the State will process these renewals as grant extension/budget increases. The extension/increase for the for the Department's renewal will provide $151,200 in funding to continue with the current Drug Interdiction Program which is an intra-agency cooperative alliance between our Department, the NFTA Police Department, Cheektowaga Police Department and the County's Central Police Services Laboratory. Drug interdiction investigations will be maximized to interrupt the flow of drugs and a concentrated effort will continue to be geared toward the middle to higher level drug suppliers. For this renewal and has been our past practice, we are requesting that Your Honorable Body also authorize the Comptroller to provide for an inter-fund cash loan in the amount of $38,830 as a cash advance for all non-personnel expenses (confidential funds $12,180/undercover vehicle $21,000/night vision surveillance camera $5,650) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. In addition, the State is also renewing our Agreement with the NFTA in the same manner. As you are aware from previous approvals, the City of Buffalo acts as a conduit agency to receive funds earmarked for the NFTA Police Department as federal statutes and regulations prohibit the direct transfer of grant monies to any agency that is not a "taxing entity." Since the State is renewing this agreement as an extension to the previous contract, we have filed an amendment with the Law Department which they are currently reviewing for approval as to form. Under the renewal for the 1995-1996 year, the State will provide $56,700 to the City, and per our sub-agreement, we will forward this amount to the NFTA as their share of grant funding. We are asking permission for the Mayor to renew our subagreement with the NFTA per the required amendment. Since the State is processing the renewal applications in this manner, we have experienced several bureaucratic delays. We are aware that your Honorable Body will be recessing for the summer break shortly and are respectfully asking that this item be voted upon before that recess. The delayed budget approvals at the Federal and State levels, beyond the City's control, have created a pressing situation for the processing of the required paperwork. If you have any questions or require further clarification of the above, please contact Captain Edward C. Hempling or Report Technician Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. Mrs. LoTempio moved: That the Mayor be and he hereby is authorized to renew the Drug Interdiction/Points of Entry Grant Program between the City of Buffalo and the New York State Division of Criminal Justice Services for the period December 1, 1995 through November 30, 1996, and That the Comptroller be and he hereby is authorized to provide an interfund cash loan in the amount of $38,830 as a cash advance for all non personal expenses until such reimbursement is secured from the State. The loan will be repaid as the reimbursements are sent to the City from the State under this grant. PASSED AYES - 12 NOES - 0 FROM THE CORPORATION COUNSEL No. 29 Rescind Sale of 366 Fox Street Purchaser: Walking in God's Ministry of Holiness Church (Item No. 101, C.C.P., Feb. 21, 1995) The above item was passed by Your Honorable Body during your meeting of February 21, 1995. Walking in God's Ministry Holiness Church failed to respond to numerous communications from the Department of Law dated April 25, May 2, 1995 and January 26, 1996, respectively, requesting the Church to pay the balance of the purchase price for the subject property. Rev. Samuel White, the Pastor for the Church, was advised on January 26, 1996 that the Church would forfeit its deposit of two hundred dollars ($200.00) for failure to consummate this transaction if the Department of Law did not hear from the Church within ten (10) days from January 26, 1996. The Walking in God's Ministry of Holiness Church, did not respond to this communication, therefore I request Your Honorable Body to authorize rescission of the sale, forfeiture of the deposit and return of the premises to inventory for future sale. Attached is an approving motion to accomplish this purpose. REFERRED TO THE COMMITTEE ON FINANCE No. 30 341 Delaware Avenue (The Cornerstone Life Church) Corner of Delaware & Tupper As you may be aware, there has been much public concern over the structural integrity and fate of the above property. After numerous court proceedings and the intervention of various private entities it now appears that Kingdom Evangelism Ministries, Inc., ("Kingdom"), the owner of the property, is in a position to fund the necessary repairs at the property. In order to fund the repairs, various liens on the property must be waived or compromised. One of the liens is held by the Buffalo District Methodist Church Extension Society, Inc. ("Methodist Extension Society") who purchased the property in June, 1990, from the Asbury Delaware United Methodist Church, a now dissolved corporation. The Methodist Extension Society sold the property to Kingdom in December, 1992. That lien stems from a mortgage granted to the Methodist Extension Society by Kingdom in December, 1992 and has a current value of approximately Sixty Thousand Dollars ($60,000.00). The Methodist Extension Society is willing to waive the Sixty Thousand Dollar ($60,000.00) lien in its entirety and forward an additional Sixty Five Thousand Dollars ($65,000.00) toward repairs to the property if they, and their predecessors, receive a general release of all future claims from all interested parties, including the City of Buffalo. This office would have no objection to the granting of a general release to the Methodist Extension Society and its predecessors for the following reasons. In the event that the City incurs costs for the repair or demolition of the subject property, authorization for the recovery of those costs would likely come from Buffalo Code Section 113-14, among other provisions. Buffalo Code Section 113-14 provides in pertinent part that "any person, firm, partnership or corporation who is the owner, occupant, or mortgagee in possession of premises or who shall have exercised dominion and control over said premises at the time they became abandoned, dilapidated, deteriorated, decayed or unattractive, shall be personally liable for the cost of demolition ... where it is necessary for the City of Buffalo to cause said work to be done." In that Kingdom has owned the property since in or around December, 1992, to the present, the City could make a claim against Kingdom for any costs incurred pursuant to Buffalo Code Section 113-14. It would appear that the City could also make a claim under this Section, among other provisions, against the Missionary Church of Christ, an entity that has exercised dominion and control over the property pursuant to a land contract they have been granted from Kingdom. The potential liability of the Methodist Extension Society presents different considerations. In the event that the City makes a claim against the Methodist Extension Society under Buffalo Code Section 113-14, or other applicable provisions, the Methodist Extension Society would likely raise the fact that they only owned the property for about two and one-half years, that is from June, 1990 to December, 1992, and that they have had no involvement with the property since as early as December, 1992. They would also likely raise their full and complete disclosure of all conditions and defects at the property to Kingdom when they sold the property to Kingdom in December, 1992. In the event that the City makes a claim against the Asbury Delaware United Methodist Church, they would likely raise the fact that as a dissolved corporation they have no assets and no legal status. As a result, litigation against these entities would likely be lengthy and expensive. Even if the City were successful in any litigation against either the Methodist Extension Society or the Asbury Delaware United Methodist Church, it is questionable whether we would recover anything in excess of what is currently being offered by the Methodist Extension Society. Based on the above, this office would have no objection to a general release being granted to the Methodist Extension Society and its predecessors, on the condition that they waive the Sixty Thousand Dollar ($60,000.00) lien in its entirety and provide additional funding of Sixty-Five Thousand Dollars ($65,000.00) for the repair of the church. In that this matter involves pending litigation involving the City, and the potential for future litigation, this office recommends that this matter be handled confidentially and in Executive Session. REFERRED TO THE COMMITTEE ON FINANCE No. 31 Buffalo Code Chapter 341 Cleaning Privately Owned Lots Item No. 195, C.C.P., 3/19/95 Opinion No. 96-23 You have requested an opinion regarding a method for implementing provisions of Chapter 341 of the Code of the City of Buffalo ("Buffalo Code"). Buffalo Code Section 341-1 provides that "it shall be the duty of every owner, occupant or person having charge of lands within the city to cut down or cause to be cut down all overgrown weeds, grass, brush and other vegetation and to remove or cause to be removed all garbage and tree limbs or other debris on said land each and every year between May 1 and June 1 and so often thereafter as necessary to maintain such land in a sanitary and orderly condition." The Commissioner of Street Sanitation is charged with the duty of enforcing Buffalo Code and must notify the owner of such land where a violation of that Article exists. See, Buffalo Code Section 341-2. Such notice must give the owner five (5) days to comply with Buffalo Code Chapter 394 Article 1. In the event that the owner of such land receives notification to correct the violation and does not comply, the Commissioner of Street Sanitation is authorized to engage the services of a private contractor, or assign City personnel, to perform the necessary work and charge the owner for the cost of such services. See Buffalo Code Section 341-3. In the event that City personnel perform the work, a fee has been established in Buffalo Code Chapter 175. Buffalo Code Chapter 341 does not specify the manner in which owners must be notified of the violations. As a result, we have prepared an amendment to Chapter 341 that provides for the manner of notice. This amendment has been filed for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION No. 32 Affirmative Action Plan Item No. 99, C.C.P., June 11, 1996 Attached is the most recent statement of the City's affirmative action and equal employment opportunity policy. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 33 Report of Emergency Demolition Bids Various Addresses within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 27, 1996 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND BID 130 Leroy Georgian Bay Angela Jordan $6,200.00 222 Shirley Avenue Buffalo, New York 27 E. Balcom Georgian Bay Richard Swist $6,500.00 Niagara Frontier Transit System - 181 Ellicott Buffalo, New York 59 Welker Lebis Enterprises Richard & Evelyn Williams $5,300.00 61 Revella Rochester, New York 133 Edna Place Georgian Bay Leon Washington Jr. $7,900.00 8 Hedley PIace Buffalo; New York 381 Carlton Eastwood Industries George Young Sr. $4,700.00 56 Cornwall Buffalo, New York 100 Spruce Eastwood Industries Marguerite Arrendell $6,800.00 412 Springville Amherst, New York 212 Monroe Georgian Bay Bertha Archie $8,000.00 275 Cedar Buffalo, New York 813 East Eagle St. Georgian Bay Guy G. Patterson Jr. $6,200.00 32 Juanita St. Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 34 Cazenovia Park Pathways I hereby request permission to take bids for the above project; and have asked for and received the following bids for Cazenovia Park Pathways on July 2, 1996: Deduct Deduct Deduct Company Base Bid Alt. 1 Alt. 2 Alt. 3 American Paving 160,000 3,000 3,600 16,030 MPJ Contracting 174,600 2,500 2,000 3,100 Gleason's Nursery 189,035 3,214 4,473 14,323 Chesley Corporation 197,000 4,300 2,000 15,000 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $160,000 minus the subtraction of Deduct 3 in the amount of $16,030 for a total contract amount of $143,970. Therefore American Paving, 5880 Thompson Rd., Clarence Center, NY is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low base bid. Funds for this work are available in Bond Fund Accounts 200-601-039 and 200-717-051. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated July 2, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Cazenovia Park Pathways to American Paving, the lowest responsible bidder in the low base bid of $160,000 minus the subtraction of Deduct 3 in the amount of $16,030 for a total contract amount of $143,970. Funds for this project are available in Bond Fund Accounts 200-601-039 and 200-717-051. PASSED AYES - 12 NOES - 0 No. 35 Emerson Young Park Basketball Court I hereby request permission to take bids for the above project; and have asked for and received the following bids for the Emerson Young Park Basketball Court on July 2, 1996: Company Base Bid Thomann & Loewer Paving Co. $12,882 American Paving $15,000 G.B.H. Paving $15,637 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $12,882. Therefore Thomann and Loewer Paving Company, 56 Gunnville Rd., Lancaster, NY 14086 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low base bid. Funds for this work are available in Bond Fund Account 200-717-012. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated July 2, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for the Emerson Young Park Basketball Court to Thomann and Loewer Paving Company, the lowest responsible bidder in the low base bid of $12,882. Funds are available in Bond Fund Account 200-717-012. PASSED AYES - 12 NOES - 0 No. 36 Change in Contract Repair to Former Polish Singing Circle Building I herewith submit to Your Honorable Body the following increase in contract for additional construction work at the former Polish Singing Circle Building (N.I.C.), contract #91841200 with Zak Construction: Repoint deteriorated, missing mortar at front steps and area surrounding new storefront windows. Furnish and install new 1/2" moisture resistant drywall, furnish with (3) coats joint compound, (1) coat primer and (2) coats paint at east front interior wall. Repair vandalism damage including plaster and paint to back wall. ADD $2,084.00 The following work is deemed necessary to repair masonry and properly finish first floor interior space. Prices were negotiated and reviewed by the project architect Ronald Bugaj and Division of Development Engineering Staff. Funds are available in C.P.A. #200-717-070. A contract summary is as follows: Existing Contract Amount$29,963.60 Amount this change 2,084.00 Revised Contract Amount$32,047.60 I therefore request that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Zak Construction as described above. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated July 2, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue change order to Zak Construction, changes resulting in a net increase in the amount of $2,084.00, as more fully described in the above communication, for work relating to Repair to the Former Polish Singing Circle Building, 1168-1170 Broadway, Contract 91841200. Funds for this project are to be charged to C.P.A. #200-717-070. PASSED AYES - 12 NOES - 0 No. 37 Change in Contract Engineering Design and Construction Inspection Exchange St . Extension I herewith submit to Your Honorable Body the following increase in contract for additional engineering design and construction inspection services related to the Exchange St. Extension Project, Contract #91794300 with TVGA Engineering & Surveying, P.C.: 1. Design documents and man hours associated with Railroad Crossing Case No. 33363 involving Conrail and the New York State Department of Transportation. City of Buffalo requesting modified crossing alternatives for the intersections of Smith/Exchange and Smith/Seneca. This work involves schematic design, final design, site survey, hearing preparation and hearing attendance. ADD $10,605.00 2. Additional construction inspection necessary to monitor extra work items added to the construction contract to properly complete the project. Unit price as per contract (1.8 x direct salary cost). ADD $5,000.00 TOTAL ADD $15,605.00 Funds for this additional work are available in C.P.A. #200-717-013 and a contract summary is as follows: Existing Contract Amount$122,962.00 Amount this change 15,605.00 Revised Contract Amount$138,567.00 I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to TVGA Engineering & Surveying, P.C. as described above. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated July 2, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue change order to TVGA Engineering & Surveying, P.C., changes resulting in a net increase in the amount of $15,605.00, as more fully described in the above communication, for work relating to Engineering Design and Construction Inspection, Exchange Street Extension, Contract #91794300. Funds for this project are to be charged to C.P.A. #200-717-013. PASSED AYES - 12 NOES - 0 No. 38 Federal Home Loan Bank of NY II Approval of Land Disposition Agreement Gal/Van Developers, Inc. The City of Buffalo Urban Renewal Agency duly designated Gal/Van Developers, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. 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 the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 39 Seneca-Cazenovia Senior Housing Approval of Land Disposition Agreement People, Inc. The City of Buffalo Urban Renewal Agency duly designated People, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. 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 the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 40 Preservation of the Asbury Delaware Church The Department of Community Development has no objection to the proposed plan to preserve the Asbury Delaware Church. RECEIVED AND FILED. No. 41 Certificate of Occupancy 430 Delaware The Department of Community Development has reviewed the request for Waiver of Inspection fee for the Certificate of Occupancy for 430 Delaware Avenue. The Department is unable to support a waiver due to the current financial condition of the City of Buffalo. We cannot support a reduction in any sources of revenues at this time. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF STREETS No. 42 Resolution Res. #170 C.C.P., June 11, 1996 The Department of Street Sanitation has been working with the Board of Education on a Recycling Program and will continue to do so. The issue of sharing the dollars profit on the recycling is an issue better answered by the Budget Director. RECEIVED AND FILED No. 43 Grass and Lawn refuse pick up Res. #176 C.C.P., June 11, 1996 In response to Council resolution #176 C.C.P., June 11, 1996, I agree that during the weeks that the department was picking up heavy trash, we were not as prompt as we would have liked to be, in the removal of yard waste from the taxpayers homes. I would remind your Honorable Body that this is the first year we have separated yard waste from garbage at the curb, and like all new programs that are designed to service and save the taxpayer's money, it will have its flaws. I have met with my deputies and superintendents on this issue, and I have been assured that the time of pickup will be minimal at best. REFERRED TO THE COMMITTEE ON FINANCE No. 44 Certificate of Appointment Appointment Effective: July 1, 1996, in the Department of Street Sanitation, to the position of Street Worker, Permanent, Non-Competitive, at the Intermediate Starting Salary of $24,772: Mark J. Bonadonna, 135 Stratford, Buffalo, NY 14216 Robert P. Dronckowski, 47 Marine Drive Apt 3F, Buffalo, NY 14202 Michael P. Edwards, 32 Stevenson, Buffalo, NY 14220 David P. LaVango, 225 Hartwell Rd., Buffalo, NY 14216 John J. O'Neil, 128 Tuscarora Rd, Buffalo, NY 14220 Mark E. McGill, 14 Wells Avenue, Cheektowaga, NY 14227 Ronald J. Sniezak, 15 Mt. Vernon, Buffalo, New York 14210 William C. Travis, 287 Choate Ave., Buffalo, NY 14220 Jeffrey J. Wachowski, 207 Highland Avenue, Buffalo, NY 14222 Kenneth A. Wachowski, 24 Block St., Buffalo, New York 14211 Ronald J. Wall, 31 Barry Place, Buffalo, NY 14213 Thomas P. Murray, 269 Tacoma, Buffalo, New York 14216 Raymond D. O'Neill, 35 Ramona Street, Buffalo, NY 14220 John E. Ort, 23 Hansen Avenue, Buffalo, NY Timothy J. Paxson, 135 Weyand Street, Buffalo, New York 14210 Daniel Piskorz, 600 E. Youngs Road, Williamsville, NY 14221 Edward E. Quarles, 80 Fox Street, Buffalo, NY 14212 Timothy R. Reid, 24 Milford, Buffalo, New York 14220 Thomas C. Lynch, Jr., 107 Downing Street, Buffalo, NY 14220 Andrew Kleinfelder, 27 Hewitt Avenue, Buffalo, NY 14215 Michael V. Hurysz, 17 Rippleway Dr., Hamburg, NY 14075 John Henry Jones, 46 Wood Avenue, Buffalo, NY 14211 Thomas J. Jordan, 20 Hines, Buffalo, NY 14220 James F. Juliano, 145 Potters Road, Buffalo, New York 14220 Edward J. Kania, 184 Mackinaw Street, Buffalo, NY 14204 Raymond M. Reid, 240 Potters Road, Buffalo, NY 14220 Kelvin Reynolds, 67 Roosevelt Avenue, Buffalo, NY 14215 Timothy J. Roberts, 708 Hopkins, Buffalo, NY 14220 Jason J. Ruppert, 37 Coburg Street, Buffalo, NY 14216 Reinaldo Santana, 314 Vermont Street, Buffalo, NY 14213 Daniel G. Sasiadek, 66 Wheelock Street, Buffalo, NY 14206 Edward Smith, 97 Parkview Pl., Buffalo, New York 14210 Mark A. Stetter, 984 Elmwood Avenue, Buffalo, New York 14222 Gregory R. Wagner, 47 VanRensselaer St., Buffalo, NY 14210 Brian D. Wells, 110 Whitfield Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 45 Certificate of Appointment Appointment Effective: July 1, 1996, in the Department of Street Sanitation, to the position of Street Worker, Permanent, Non-Competitive, at the: Intermediate Starting Salary of $25,548: Kevin G. Banes, 47 Marine Dr. Apt. 66, Buffalo, NY 14202 Michael R. Canfield, 632 West Avenue, Buffalo, NY 14213 Brian Carrig, 53 Oakhurst, Buffalo, NY 14220 James K. Dole, 17 Choate Ave., Buffalo, NY 14220 Mark V. Fahey, 101 Woodcrest Dr., W. Seneca, NY 14224 Paul E. Tytka, 251 Potters Rd., Buffalo, NY 14220 Kevin P. Lillis, Jr., 214 Geary Street, Buffalo, NY 14210 Patrick A. Kelly, 52 Newburgh Ave., Buffalo, NY 14211 Patrick J. Lynch, 18 Britt, Buffalo, NY 14220 Michael L. Scanlon, 47 Marine Dr., Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 46 Certificate of Appointment Appointment effective: July 1, 1996, in the Department of Street Sanitation, to the position of Street Worker, Permanent, Non-Competitive, at the maximum starting salary of $26,327: Paul F. Aris, 105 Lakeview Ave., Buffalo, New York 14201 Jolly A. Barnes, 95 Hill Street, Buffalo, NY 14214 Mark J. Breen, 116 Melrose, Buffalo, NY 14220 Brian J. Britzzalaro, 153 Hamburg Street, Buffalo, NY 14204 Timothy P. Burke, 191 Covington Ave., Buffalo, NY 14220 Thomas E. Carr, 307 Potter Road, Buffalo, NY 14220 John J. Chilcott, 109 Norwood Ave., Hamburg, NY 14075 Joseph A. Chrosniak, 99 Avondale Place, Buffalo, NY 14210 Ronald Costanzo, 183 Avery Avenue, Buffalo, N.Y. 14216 Joseph P. Coughlin, 89 Edgewood Avenue, Buffalo, N.Y. 14220 Rowan S. Gaines, 51 Davidson, Buffalo, NY 14215 Jerome Glenn, 55 Barthel Street, Buffalo, NY 14211 David J. Golebiewski, 456 Davey Street, Buffalo, NY 14206 Marlin S. Gress, 324 Normal Avenue, Buffalo, NY 14213 George A. Kaetzel, 117 Hubbell Street, Buffalo, NY 14220 Robert G. Kothe, 13 Ideal Street Apt 3, Buffalo, NY 14206 Earl W. Morris, 424 Hoyt Street, Buffalo, NY 14213 John J. Pugh, 35 Archer Avenue, Buffalo, NY 14210 Robert Ward, 540 Elma Meadow Lane, Elma, New York 14059 James T. Wright, 335 Kinsey Avenue, Kenmore, NY 14217 Anthony J. Cretacci, 58 Lein Road, West Seneca, New York 14224 John Dukesbery, 35 Whitehall, Buffalo, NY 14220 James Ferron, 106 Westgate Blvd., West Seneca, NY 14224 Allen R. Gang, 48 Parkview Avenue, Buffalo, NY 14210 Edward L. Hocieniec, 1069 Perry Street, Buffalo, NY 142lO Stephen E. Hocieniec, 75 Zittel Street, Buffalo, NY 14210 Timothy D. Driscoll, 203 Eden St., Buffalo, NY 14220 Andrew Grochow, 208 Sprenger Avenue, Buffalo, NY 14211 Nicholas M. Mastrocovo, 36 Seymour Street, Buffalo, NY 14210 Larry Bolden, 771 Eggert Road, Buffalo, NY 14215 David A. Petruzzi, 24 Fairchild Place, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 47 Certificate of Appointment Appointment Effective July 1, 1996, in the Department of Street Sanitation, to the Position of Training Officer, Permanent Promotion, at the: Maximum Starting Salary of $30,669: Joseph T. Mancuso, 1015 Parkhurst Blvd., Tonawanda, New York 14150 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 48 Maintenance of City-owned Properties Item No. 191, C.C.P. 4/16/96 With regard to the above subject please be advised we, in the Division of Housing and Inspections do not have jurisdiction over maintenance of City-owned properties. The burden falls on the Department of Street Sanitation and the Division of Real Estate. We trust this will satisfy your inquiry. RECEIVED AND FILED No. 49 Downtown Special District Vendor and Vendor Sites for 1996-1997 Please be informed that I am submitting as per Chapter 316, Section 44A the attached list of approved vendor and vendors sites for the Special Downtown District for 1996-1997. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing & Inspections, dated June 20, 1996, be received and filed, and That the Common Council does hereby approve the vendors and vendor sites for the Special Downtown District for 1996-1997 as listed in the above communication. PASSED AYES - 12 NOES - 0 No. 50 Report of Emergency Demolition Bids Various Addresses Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 14, 1996 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND BID 308 Watson Georgian Bay Jake Brock - 310 Watson $7,200.00 Buffalo, New York Ruby Lias - 316 Watson Buffalo, New York 480 Spring Amirs Rufus R. & Fannie Rodgers $5,200.00 135 Roosevelt Buffalo, New York 135 Reed Cedar Wrecking Kenneth McCullough $7,900.00 432 Northampton Buffalo, New York 384 Gibson Lebis Enterprises Chester D. Jankowski $7,700.00 200 Koons Avenue Buffalo, New York 297 Rother Lebis Enterprises Daniel R. Orlikowski $7,100.00 3 Zent Court Cheektowaga, New York 20 Kiefer Lebis Enterprises Carlos Snowden $5,300.00 63 E. Parade Buffalo, New York 242 Person Lebis Enterprises John J. Kerwin $5,600.00 2850 Amsdell Rd. #4 Hamburg, New York 193 Schuele Lebis Enterprises Tommie K. Saunders Sr. $5,100.00 1405 Dupont St. Conway, Pa. 439 E. Ferry Lebis Enterprises Tom & Hassinah Ahmed $8,600.00 16 Girard Lackawanna, New York 318 Cornwall & Garage Georgian Bay Olivia Starks $5,500.00 503 Doat St. Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 51 Certificate of Appointment Appointment Effective July 1, 1996, in the Department of Administration & Finance, Division of Labor & Employee Relations, to the Position Of Deputy Director of Labor Relations, Provisional, at the Flat Starting Salary of $39,209: Barbara A. Slominski, 17 Sidway Street, Buffalo, New York 14210 RECEIVED AND FILED No. 52 Recommendations to Budget Process Item No. 175, C.C.P., 6/25/96 I would offer the following comments on the proposed resolution: The budget process is year round. Councilmembers are welcome to be part of it at any time. The administration as a practice, uses written communications to inform the Council of budget issues. In addition, we hold and will continue to hold meetings on the budget. We are willing to increase the frequency of each. Once a budget is adopted by the Mayor and your Honorable Body, the budget office sets out to attempt to keep our actual performance as close to budget (and/or as close to balanced) as possible. We are pleased that your Honorable Body would like to be proactive in budget matters year-round, would support the Budget Committee becoming a permanent committee and would be pleased to work with its members. We have tried to meet with Councilmembers as frequently as possible to discuss budget matters, especially early in the process; for instance, this year we met with the Council on February 29th to set forth our best estimate of the gap we would face for 1996-97, and to get your ideas as to how to close the gap. In addition to these meetings, as you probably know, the Budget Office files with you, on a quarterly basis, "gap" projections that compare our actual performance to budget in the current year and project the results of that performance to year-end. We also file a spreadsheet that projects forward 5 years, based on that quarterly data, to give a larger picture of the City's financial trends and outlook. We believe that increasing the frequency of budget discussions year-round -- both concerning immediate issues and (especially) concerning the longer range outlook is the best way to improve the process; we do not believe that beginning the process one month earlier represents an improvement, nor do we believe it to be practical. The City's financial problems are well-known and deeply rooted. The solutions that are under discussion are complex and often controversial -- for instance, those involving consolidation, user fees, privatization, alternative energy sources, etc. In order for the policymaking entities at City Hall or elsewhere to have a reasonable discussion about any of these potential solutions, time and information is required -- far more time than an extra month. Ideally, the process would begin with the Council and administration constructing, reviewing and agreeing upon a set of projections that illustrate the budget problem -- e.g. the gap or gaps that need to be closed. That the parties agree on the projections is critical, as all solutions should be measured against them. In fact, the City Comptroller is currently planning to purchase new budget/accounting software that has improved capacity for projecting and for laying out alternatives; this may be very helpful as we pursue the idea of more year-round discussions. The next step would be for potential solutions to be generated, evaluated for cost impact and displayed against the model. Again, all of this work takes time and needs to be done well in advance of the usual City budget timetable, or even the one being proposed; in the best case, we would be discussing ideas that are multiple years in length, and might even be talking about eliminating annual "line-item" budgets in favor of multi-year program budgets. We would welcome the Council being part of this process, but believe it is significantly different from that which is being proposed in the resolution. With respect to the recommendations contained in the resolution, we believe that beginning the process one month earlier would have relatively little real impact on the ultimate outcome, and may even be impractical. Many of the departments -- and particularly the Board of Education -- regularly request extensions on the current (Feb. 1) deadline for submitting requests. In addition, one of the reasons February is used is that the Governor's recommended budget does not come out until January 1 and there is a need to include assumptions about state aid in many of the City departments and the schools. Submitting realistic requests by January 1 would be very difficult given this timing (it is hard enough adopting a budget without a state adopted number, much less a state recommended one). Holding public budget hearings before there is a recommended City budget is also largely impractical, as it tends to make the public think decisions have been made when they have not, and confuses the process. In sum, I would tend to agree that the process of discussing and deciding budget issues in City Hall could be improved. In my view, though, the way to do it is to begin with the problems and look together at solutions. The resolution is timely in that now would be a good time to begin to do that. I trust this answers your question, and look forward to discussing this further. REFERRED TO THE COMMITTEE ON BUDGET No. 53 Process Estab. City Garbage District Item No. 185, C.C.P., 6/11/96 The administration has established a working group whose task is to develop the basic structure of the garbage district and the user fee. The group is comprised of representatives of various City departments that will be involved in the administration of the district (law, data processing, accounting, assessment, streets, administration and finance, etc.). Budget Director James Milroy is heading up the effort. The group anticipates having completed its basic work on or about July 15, and will begin dialogue with your Honorable Body and other groups at that point. I trust this answers your question, and look forward to discussing this further. REFERRED TO THE COMMITTEE ON BUDGET No. 54 Residency - M.Smith Item #58, C.C.P., June 11, 1996 In Response to your request for further clarification, please be advised that in July of 1994, I established City of Buffalo residency at 770 West Ferry. In August of 1995, I moved to 715 Delaware Avenue. I trust this complies with your request. However, if further information is needed, feel free to contact me. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 55 Certificate of Appointment Appointment Effective July 1, 1996, in the Department of Administration and Finance, Division of Labor Relations - Civil Service Commission, Senior Clerk, Permanent, Promotion, at the Intermediate Starting Salary of $ 22,651: Carolyn Ann Lenczyk, 129 Walter Street, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 56 Result of Bids for Sound and Lights 1996 Waterfront Season at La Salle Park Pavilion The Department of Human Services, Parks and Recreation received informal bids, in writing for Sounds and Lights for the 1996 Summer Music Season at LaSalle Park. Bids were opened at 12 noon on July 1, 1996 and are as follows: "Small" Show "Large" Show Indigo Productions $1,290.00 $2,390.00 2820 Bailey Avenue Buffalo, New York 14215 Audio Arts $1,370,00 $2,770.00 255 Great Arrow Avenue Buffalo, New York 14207 Unistage $1,400.00 $2,500.00 330 Genesee Street Buffalo, New York 14204 I hereby certify that Indigo Productions, 2820 Bailey Avenue, Buffalo, N.Y. 14215, is the lowest responsible bidder and it is my recommendation that the bids be accepted and the project be charged to Account #100-502-01100583. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks and Recreation, dated July 2, 1996, be received and filed; and That the Commissioner of Human Services, Parks and Recreation be, and he hereby is, authorized to award a contract for Sound and Lights for the 1996 Summer Music Season at LaSalle Park to Indigo Productions, the lowest responsible bidder in the amount of $1,290.00 for a "Small" Show; $2,390.00 for a "Large" Show. Funds are available in Account #100-502-01100583. PASSED AYES - 12 NOES - 0 No. 57 Certificate of Appointment Appointment effective July 1, 1996, in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, to the position of Counselor III, Temporary, at the Intermediate starting salary of $25,689: Lauris D. Robinson, 241 Humboldt Pkwy., Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF GENERAL SERVICES No. 58 Appointment of Secretary to the Commissioner of General Services I, Alberto J. del Valle, appoint to the position of Secretary to the Commissioner of General Services, Ms. Nancy J. Smith, effective July 1, 1996. Ms. Nancy J. Smith resides at 77 Portland St., Buffalo, New York 14220 . Her starting salary is $21,352. Ms. Smith replaces Ms. Granville. RECEIVED AND FILED No. 59 M. Smith - residency Item #58, C.C.P., 6/11/96 At a meeting held on June 26, 1996, Marilyn Smith, Director of Treasury, submitted verification of her address at 715 Delaware Avenue, Buffalo, New York 14209. Should you have any questions, please contact this office. Thank you. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 60 Acceptance of NYS Education Department Grant for Records Management The City Clerk, Registrar of Vital Statistics, Records Management Officer, Charles L. Michaux, III is happy to announce that we have, once again, been awarded a New York State Education Department competitive grant for the 1996-1997 fiscal year in the amount of $73,631.00 to continue the microfilming project of the Tax & Assessment roll books dating from 1911-1995. The project involves over 5,000 volumes or 2.4 million images of the permanent records series. These volumes were originally stored in the sub-basement of Buffalo City Hall under environmentally unsafe conditions. The Tax & Assessment rolls were selected for microfilming because the records series was rapidly deteriorating. Without Records Management's intervention this valuable records series would have been lost forever and there are no other copies. State grants are very difficult to obtain as we compete with 457 local governments for a part of the four million dollars allotted for grant funding. The largest amount a local government can be awarded is $100,000.00 and, as mentioned earlier, the City of Buffalo was awarded 75% of that amount. The grant awarded to the City of Buffalo is one of 305 awarded to local governments across New York State this year. The grant reviewers commended the City of Buffalo for its energy and progress in records management. The Records Management Officer and his Senior Records Technician, Linda Andersen, have both attended State Archives and Records Administration's "Managing Micrographics Projects " workshops and obtained certificates for their participation as part of their continued support and education in the field of records management. The Records Management Officer and his staff are very proud of their accomplishments, to date, and look forward to maintaining a comprehensive records program for the city of Buffalo's government records in future years. Mrs. LoTempio moved: That the communication from the City Clerk, dated June 28, 1996, be received and filed; and That the City Clerk be, and he hereby is, authorized to accept a New York State Education Department grant for the 1996-1997 fiscal year in the amount of $73,631.00 to continue the microfilming project of the Tax & Assessment roll books dating from 1911-1995. PASSED AYES - 12 NOES - 0 No. 61 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Saturday, June 22, 1996 until Tuesday, June 25, 1996 at 5:00 p.m. RECEIVED AND FILED No. 62 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer: Audit and Control - Accounting Division Assessment RECEIVED AND FILED No. 63 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 112 W. Chippewa St. Mojo Foods Inc. Patrick A. Cipolla Buffalo, NY 14202 650-52 Main St. Havana Room Ferdinand J. Ciccarelli Buffalo, NY RECEIVED AND FILED No. 64 Leaves of Absence without pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police - Carol Gray, Gerald Belton Administration and Finance - Margaret M. Pierakos Human Services, Parks and Recreation - Reginald Harris RECEIVED AND FILED No. 65 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board Youth Board RECEIVED AND FILED No. 66 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED Appointment Effective July 1, 1996 in the Department of Common Council, to the Position of Intern II, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 4.25 per hr.: Jeffrey Dickman, 301 Roesch Ave., Buffalo, New York 14207 James Dovey, 75 Roesch Ave., Buffalo, NY 14207 Zygmunt Piadlo, 89 Howell St., Buffalo, New York 14207 Summer DeBenedetti, 154 Philadelphia St., Buffalo, 14207 James Carpino, 13 Harvey Pl. Buffalo, NY 14210 Jeffrey Jajkowski, 91 Polish Pl., Buffalo, NY 14210 Romayne Krawczyk, 310 Ideal St., Buffalo, NY 14206 Amy Leo, 135 Gold St., Buffalo, NY 14206 Christopher Martin, 122 Humason, Buffalo, NY 14211 Christy Mathiebe, 148 Peabody St., Buffalo, NY 14210 Sharon Meredith, 86 Troupe St., Buffalo, NY 14210 Kathryn Wirth, 277 McKinley Pkwy., Buffalo, NY 14220 Donald America, 112 Trowbridge, Buffalo, NY 14220 Melissa Siracus, 835 Tifft, Buffalo, NY 14220 Gerard Hamilton, 47 Ramona, Buffalo, NY 14220 Patricia Knapp, 151 Geary, Buffalo, NY 14210 Shauna Parkinson, 67 Harding, Buffalo, NY 14220 Donald Reid, 115 Hayden, Buffalo, NY 14220 Terrance Vanderlip, 50 Pamona, Buffalo, NY 14210 Chirstina Reed, 2191 Seneca St, Buffalo, NY 14210 James Pendziwiatr, 39 Owen Pl., Buffalo, NY 14210 Joseph Smardz, 56 Eden Street, Buffalo, NY 14220 Kurt Stefaniak, 35 West Woodside Ave., Buffalo, NY 14220 Shawnta Woodard, 5 Courtland Ave., Buffalo, NY 14215 Tammy Gaines, 96 Eaton Street, Buffalo, NY 14208 Dana Jeffries, 118 Madison St., Buffalo, NY 14206 Angel Nowicki, 2528 Main St., Buffalo, NY 14214 Candance Pierce, 231 West Ave., Buffalo, NY 14201 Jason Ratlift, 92 Timon St., Buffalo, NY 14211 Lavelle Stevens, 106 Timon St., Buffalo, NY 14211 Jeffrey Salvo, 98 S. Pontiac St., Buffalo, NY 14206 Melissa Abbate, 459 St. Lawrence, Buffalo, NY 14216 Elizabeth Butera, 40 Boyd, Buffalo, NY 14213 Jeffrey Conrad, 128 Harding Road, Buffalo, NY 14220 Colleen Coyle, 60 Riverview Place, Buffalo, NY 14210 Anthony Dixon, 250 LaSalle Avenue, Buffalo, NY 14215 Nicholas Heidenger, 172 Alabama, Buffalo, NY 14204 Sara Heidenger, 186 Mackinaw Street, Buffalo, NY 14204 William Irene, 106 Fargo, Buffalo, NY 14201 Leah LoVallo, 12 Wellington Road, Buffalo, NY 14216 William Mendola, 23 Benzinger Street, Buffalo, NY 14206 Christopher Scanlon, 201 Cumberland, Buffalo, NY 14220 Adam Serotte, 131 Englewood Avenue, Buffalo, NY 14214 Nicole Hickman, 45 Kopernik St., Buffalo, NY 14206 Louis Hall, 72 Fuller St., Buffalo, 14207 Karen Swain, 49 Clay St., Buffalo, NY 14207 Kevin Doll, 1055 Tifft, Buffalo, NY 14220 David Kumik, 54 Riverview, Buffalo, NY 14210 Elizabeth Schreier, 20 Coolidge, Buffalo, NY 14220 Hung Do, 74 Houston, Buffalo, NY 14220 Richard Blane, 25 Pawnee, Buffalo, NY 14210 Scott Hamilton, 47 Ramona, Buffalo, NY 14220 Julien Baldwin, 126 Humboldt Pkwy, Buffalo, NY 14214 Kristina Barber, 59 Oxford Ave., Buffalo, NY 14209 Aisha Barnes, 85 Jewett Pkwy, Buffalo, NY 14214 Brendan Bulluck, 38 Orchard Pl., Buffalo, NY 14214 Sheila Bulluck, 38 Orchard Pl., Buffalo, NY 14214 Matthew Carfognine, 112 Tauton Pl., Buffalo, NY 14216 Mark Christy, 48 Delsan Ct., Buffalo, NY 14216 Sara Celano, 28 Woodette, Buffalo, NY 14207 Danelle Danforth, 91 Saranac Ave., Buffalo, NY 14216 David Danforth, 91 Saranac Ave., Buffalo, NY 14216 Paula Dazey, 38 Saranac Ave., Buffalo, NY 14216 Katherine DuVall, 902 Parkside Ave., Buffalo, NY 14216 Jenell Golba, 87 Taunton Pl., Buffalo, NY 14216 Rickie Lathany, 54 West Balcam, Buffalo, NY 14209 Michael Michelini, 127 Winston Rd., Buffalo, NY 14216 Danielle Mordino, 29 Standish, Buffalo, NY 14216 Ellen Morrison, 808 Amherst, Buffalo, NY 14216 Aimee Neri, 233 Villa, Buffalo, NY 14216 Aaron Owens, 84 Harvard Pl., Buffalo, NY 14209 Erin Russ, 40 Vernon Pl., Buffalo, NY 14214 Tami Sandberg, 31 Taft Pl., Buffalo, NY 14214 Nicholas Schmidt, 49 Standish, Buffalo, NY 14216 Courtney Schmidt 49 Standish, Buffalo, NY 14216 Latasha R. Tanksley, 51 Oxford, Buffalo, NY 14209 Allan Parsons, 80 Crystal, Buffalo, NY 14220 Kevin Lafferty, 35 Eaglewood, Buffalo, NY 14220 Randall Kurnik, 54 Riverview, Buffalo, NY 14210 Patrick Davis, 84 Edson, Buffalo, NY 14210 Gregorey Brandt, 155 Good, Buffalo, NY 14220 Lindsey Hawthron, 1025 Tifft, Buffalo, NY 14220 Brian Doyle. 344 McKinley Pkwy, Buffalo, NY 14220 Richard Bonner, 404 Marilia, Buffalo, NY 14220 James Basil, 567 McKinley Pkwy, Buffalo, NY 14220 Brendan Hurley, 100 Strathmore, Buffalo, NY 14220 Karen Gorlewski, 12 Wildwood, Buffalo, NY 14220 Brian O'Shei, 59 Dallas, Buffalo, NY 14220 James Velasquez, 51 Lockwood, Buffalo, NY 14220 Lindsey Leonard, 118 Armin, Buffalo, NY 14210 Susan Anderson, 393 Okell, Buffalo, NY 14220 Mary Velasquez, 51 Lockwood, Buffalo, NY 14220 Tammy Wright, 87 Southside, Buffalo, 14220 Philip Barr II, 64 Arbour Lane, Buffalo, NY 14220 Jeremy Connolly, 162 Choate, Buffalo, NY 14220 Shannon Quinn, 369 Eden, Buffalo, NY 14220 Kevin Webster, 179 West Woodside, Buffalo, NY 14220 Kathleen Lewis, 146 Choate, Buffalo, NY 14220 John Connolly, 162 Choate, Buffalo, NY 14220 Joshua Miller, 48 Zittle, Buffalo, NY 14210 Bridget Donovan, 64 Whitfield, Buffalo, NY 14220 Philip Freedenberg, 178 Downing, Buffalo, NY 14220 Michael McCafferty, 347 Downing, Buffalo, NY 14220 Appointment Effective: July 1, 1996 in the Department of Common Council, to the Position of Intern III, Seasonal, Non-Competitive, at the Flat Starting Salary of $5.00 per hr.: Susan Bence, 128 Herkimer St, Buffalo, NY 14213 Michael Sciortino, 351 Hampshire St., Buffalo, NY 14213 Appointment Effective July 8, 1996 in the Department of Common Council to the position of Intern III, Seasonal, at the flat starting salary of $5.00 per hr.: David Celano, 28 Woodette, Buffalo, NY 14207 Timothy Parks, 243 Villa Ave., Buffalo, NY 14216 Brooke Fitzpatrick, 56 Depew Avenue, Buffalo, NY 14214 John Marrero, 315 Smith Street, Buffalo, NY 14210 Christopher Pannozzo, 20 North Drive, Buffalo, NY 14216 Jeremais Senquis, 228 Vermont Street, Buffalo, NY 14213 Brian J. Smith, 91 O'Connell Avenue, Buffalo, NY 14204 Duwan Smith, 445 Voorhees Avenue, Buffalo, NY 14216 Diane Lemanski, 126 Peabody, Buffalo, NY 14210 Casey Nowak, 17 Putnam, Buffalo, NY 14213 Melody Baines, 96 Detroit St., Buffalo, NY 14213 Pedro Santos, 33 10th Street, Buffalo, NY 14212 Carlos Day, 292 West Street, Buffalo, NY 14201 George Torres, 124 18th Street, Buffalo, NY 14213 Miguel Mendez, 52 School Street, Buffalo, NY 14213 Appointment effective June 24, 1996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 per hr.: Jumanne J. Pitts, 265 Voorhees, Buffalo, NY 14216 Julie Rich, 603 Crescent Ave, Buffalo, NY 14214 Appointment effective June 25, 1996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 per hr.: Wendy Kukuk, 98 Anderson, Buffalo, NY 14222 Appointment effective June 26, 1996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 per hr.: Maria Michaux, 229 Summit, Buffalo, NY 14214 Appointment effective July 1, l996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 per hr.: Christopher Mach, 90 Peter St., Buffalo, NY 14207 Melissa Cain, 51 Military Rd., Buffalo, NY 14207 Appointment effective July 8, 1996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat Starting Salary of $6.00 per hr.: Jerome Owens, 84 Harvard Pl., Buffalo, NY 14209 Timothy Hart, 91 Portland, Buffalo, NY 14220 Robert Quintana, 39 Richmond Ave, Buffalo, NY 14201 Joshua Quintana, 39 Richmond Ave, Buffalo, NY 14201 William Clark, 407 Perry St., Buffalo, NY 14204 Natasha Martin, 43 Frankfort, Buffalo, NY 14211 Appointment Effective June25,1996 in the Department of Common Council to the Position of Intern V, Seasonal, Non-Competitive, at the Flat Starting Salary of $8.00 per hr.: Jennifer Vallone, 99 Plymouth, Buffalo, NY 14201 Appointment Effective July 1, 1996 in the Department of Common Council to the Position of lntern V, Seasonal, Non-Competitive, at the Flat Starting Salary of $8.00 per hr.: Nicole Notaro, 31 Ross Ave, Buffalo, NY 14207 Russell Payne, 208 Commonwealth, Buffalo, NY 14216 No. 67 Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED Appointment effective July 8, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs, to the Position of Intern III, Seasonal, Non-Competitive, at the Flat Starting Salary of $5.00 per hr.: Micheal Brundige, 24 18th St., Buffalo, NY 14213 Lottie Purdue, 373 Bisselle St., Buffalo, NY 14211 No. 68 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective June 26, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park to the Position of Laborer I, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.22 per hr.: Harvey J. Sipel, 479 Delaware Avenue, Buffalo, NY 14201 DEPARTMENT OF PUBLIC WORKS Appointment Effective June 27, 1996 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 per hr.: Eric Haynes, 202 S. Division - Apt. 804, Buffalo, NY 14204 Appointment Effective July 1, 1996 in the Department of Public Works, Division Of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr.: Kevin M. McAllister, 424 Dorrance Avenue, Buffalo 14220 Appointment Effective July 1, 1996 in the Department of Public Works, Division of Water, to the Position of Water Service Worker, Seasonal, Non-Competitive at the Flat Starting Salary of $6.26 per hr.: Greg J. Dudek, 117 Winston Rd., Buffalo, NY 14216 DEPARTMENT OF LAW Appointment Effective June 24, 1996 in the Department of Law, Division of to the Position of Law Clerk, Seasonal, at the Flat Starting Salary of $5.85 per hr.: Ann Marie Bevilacqua, 292 Huntington Avenue, Buffalo, NY 14214 DEPARTMENT OF STREET SANITATION Appointment Effective June 24, 1996 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.92 per hr.: Andrew J. Baker, 336 Glenwood Avenue, Buffalo, NY 14208 Richard T. Moore, 333 Mills Street, Buffalo, NY 14211 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective July 1, 1996 in the Department of Human Services Division of Recreation to the Position of Fee Collector, Seasonal, Non-Competitive, at the Flat Starting Salary of $4.94 per hr.: Sue Cannan, 178 Fenton, Buffalo, NY 14206 Ann Marie Jaeger, 49 Buffum, Buffalo, NY 14210 Andrew W. Gardner, 38 Yale Place, Buffalo, NY 14210 Appointment Effective July 1, 1996 in the Department of Human Services, Division of Recreation, to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 per hr.: Jamal Harris, 482 Norfolk, Buffalo, NY 14215 Kathleen Kinney, 1776 William, Buffalo, NY 14206 Melissa Mule, 47 Marine Drive, Buffalo, NY 14204 Kevin Murphy, 21 Turner, Buffalo, NY 14220 Laura Quider, 146 Dearburn, Buffalo, NY 14207 Erika Ryan, 757 West Avenue, Buffalo, NY 14213 Irving Scrievens, 134 Kehr, Buffalo, NY 14211 Kasim Aljuwani, 211 Hewitt, Buffalo, NY 14215 Amber Berry, 136 Mercer, Buffalo, NY 14214 Darnell Boswell, 277 Schuele, Buffalo, NY 14215 Sarah Brozyna, 324 Bensinger, Buffalo, NY 14206 Anthony Figueroa, 24 Covinqton, Buffalo, NY 14216 Jessica Jayes, 50 Culver, Buffalo, NY 14220 Melissa Smith, 239 Wallace, Buffalo, NY 14216 Ramon Suarez, 568 West Utica, Buffalo, NY 14204 David White, 147 William, Buffalo, NY 14206 Donald Wood, 174 Taunton, Buffalo, NY 14216 Kevin Young, 59 Weber, Buffalo, NY 14215 Stephen Zipp, 220 Columbus, Buffalo, NY 14220 Nieves Rebecca, 239 15th Street, Buffalo, NY 14213 Perry Roshawn, 154 Maple, Buffalo, NY 14204 Santiago Tanya, 40 Lowell, Buffalo, NY 14213 Van Every Chris, 293 Highland, Buffalo, NY 14222 Van Every Elizabeth, 293 Highland, Buffalo, NY 14222 Watlinq Gabriel, 23 Crowely, Buffalo, NY 14207 Roper Rascheed, 76 Oneida, Buffalo, NY 14206 Lipscomb Lyndell, 56 Fosdick, Buffalo, NY 14204 Logal Jamie, 55 Virgil, Buffalo, NY 14216 Mahoney Michelle, 53 Densmore, Buffalo, NY 14220 Mastalinski Jean, 689 Abbott Road, Buffalo, NY 14220 Maynard James, 118 Plymouth Avenue, Buffalo, NY 14201 Joseph McMahon, 81 Briggs, Buffalo, NY 14207 Mendez Noraida, 123 Ideal, Buffalo, NY 14206 Eddy Sean, 128 Royal, Buffalo, NY 14207 Carrie Giambra, 309 Woodbridge, Buffalo, NY 14214 Goodman Lance, 225 S. Division, Buffalo, NY 14204 Hall Richard, 50 Revere Place, Buffalo, NY 14214 Iapichino John, 514 Tonawanda, Buffalo, NY 14207 Johnson Ahman, 42 Leonard, Buffalo, NY 14215 Johnson Damani, 58 Blaine, Buffalo, NY 14208 Dierdre Abels, 42 Lancaster, Buffalo, NY 14222 Augustiniak Gary, 302 Kensington, Buffalo, NY 14214 Bukowski Rachael, 55 Morgan Road, Buffalo, NY 14220 Bohen Kate, 156 McKinley Pkwy, Buffalo, NY 14220 Cotter Michael, 66 Admiral, Buffalo, NY 14216 Cudmore Amy, 183 Esser, Buffalo, NY 14207 Dickman Greg, 48 Alsace, Buffalo, NY 14220 Wilkinson Jim, 83 Philadelphia, Buffalo, NY 14207 Wilson Rebecca, 281 Abbott Road, Buffalo, NY 14220 Appointment Effective June 24, 1996 in the Department of Human Services, Division of Recreation, to the Position of Supervising Lifeguard, Temporary, at the Flat Starting Salary of $5.98 per hr.: Jose Ramirez, 576 Seventh Street, Buffalo, NY 14213 Paul Szablicki, 32 Pomona Place, Buffalo, NY 14210 Appointment Effective July 1, 1996 in the Department of Human Services, Division of Recreation, to the Position of Supervising Lifeguard, Temporary, at the Flat Starting Salary of $5.98 per hr.: Kathleen Callahan, 606 McKinley Pkwy, Buffalo, NY 14220 Angela Donn, 557 Bird, Buffalo, NY 14222 Luis Oritz, 144 Claremont Avenue, Buffalo, NY 14222 Appointment Effective July 2, 1996 in the Department of Human Services, Division of Recreation, to the Position of Supervising Lifeguard, Temporary, at the Flat Starting Salary of $5.95 per hr.: Dell Storey, 696 Taunton, Buffalo, NY 14216 Appointment Effective June 24, 1996 in the Department of Human Services, Division of Recreation, to the Position of Laborer II, Seasonal, at th eFlat Starting Salary of $6.92 per hr.: Derek Davis, 39 East Depew, Buffalo, NY 14214 Joseph Genier, 73 Chadduck, Buffalo, NY 14207 Appointment Effective July 1, 1996 in the Department of Human Services, Division of Recreation, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr.: Kevin Hayes, 795 McKinley Pkwy, Buffalo, NY 14220 Vincent McCarthy, 26 Sunset, Buffalo, NY 14207 Appointment Effective June 27, 1996 in the Department of Human Services, Division of Parks, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr.: Gerald Corbett, 199 Courtland Avenue, Buffalo, NY 14215 Appointment Effective July 1 , 1996 in the Department of Human Services, Parks and Recreation, Division of Youth, to the Position of Community Field Worker (Monitor), Temporary, at the Flat Starting Salary of $6.55 per hr.: James Becker, 115 Arbour Lane, Buffalo, NY 14220 Appointment Effective July 3, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 per hr.: Maryanne Nowadly, 188 O'Connell, Buffalo, NY 14210 Linda Fox, 125 Louisiana, Buffalo, NY 14204 Eileen Heidinger, 195 O'Connell, Buffalo, NY 14210 Helen Conway, 100 Vincennes, Buffalo, NY 14204 Appointment Effective July 3, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 per hr.: Susan Conway, 100 Vincennes, Buffalo, NY 14204 No. 69 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE DEPARTMENT OF POLICE Appointment Effective July 1, 1996 in the Department of Police to the Position of Permanent Public Safety Dispatcher, Permanent, at the Minimum Starting Salary of $23,703: Patricia L. Bissonette, 684 Eggert Road, Buffalo, New York 14215 Ann M. Danowski, 43 Edgewood Avenue, Buffalo, New York 14220 Ronnie S. Pilcher, 2474 Main Street, Buffalo, New York 14214 Jacqueline A. McCarthy, 138 Choate Avenue, Buffalo, NY 14220 Sheila M. Gould, 83 Hollywood Avenue, Buffalo, New York 14220 Joseph C. Kessler, 92 Stevenson Street, Buffalo, New York 14220 Michelle A. Madson, 736 Taunton Place, Buffalo, New York 14216 Walter A. Hrynczak, 1787 Clinton St., Buffalo, New York 14206 Kimberley A. Cheimis, 15 Ontario St., Buffalo, New YorkY 14207 John R. Gueli, 444 Weimar Street, Buffalo, New York 14206 Ryan C. Licata, 458 W. Utica Street, Buffalo, New York 14213 Mary C. Jones, 799 McKinley Parkway, Buffalo, New York 14220 DEPARTMENT OF FIRE Appointment Effective June 21, 1996 in the Department of Fire, Division of Alarm & Telegraph, to the Position of Fire Dispatcher, Permanent, Promotion, at the Flat Starting Salary of $49,714: Joanne Woods, 215 Stockbridge, Buffalo, NY 14215 Appointment Effective July 1, 1996 in the Department of Fire, Division of Fire, to the Position of Division Chief, Permanent, Promotion, at the Flat Starting Salary of $60,906: Ronald W. Endle, 81 Bernice Drive, Cheektowaga, NY 14225 Appointment Effective July l, 1996 in the Department of Fire, Division of Fire, to the Position of Battalion Chief, Permanent, Promotion, at the Flat Starting Salary of $55,349: Willliam Cunningham, 3627 Cumberland Land, Hamburg, NY 14075 DEPARTMENT OF STREET SANITATION Appointment Effective July 1, 1996 in the Department of Street Sanitation to the Position of Street Worker, Permanent, at the Minimum Starting Salary of $22,321: Wilson B. Vasquez, 101 Lakeview, Buffalo, NY 14201 Charles G. Lockwood, 185 Potomac Avenue, Buffalo, NY 14213 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective July 1, 1996 in the Department of Administration & Finance, Division of Labor & Employee Relations, to the Position of Senior Accountant, Permanent, at the Minimum Starting Salary of $30,635: Roberta Coax, 6O Clayton Street, Buffalo, New York 14207 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 70 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Section 108 Funds Main-Lasalle Place & Northeast Buffalo Parkway Project Permission is requested of your Honorable Body to utilize an $2,465,000.00 Community Development Block Grant Section 108 Guaranteed Loan for the following activity to be undertaken by the Buffalo Enterprise Development Corporation, as program administrator. A $2,465,000.00 loan, for a year term, for the Main-Lasalle Place & Northeast Buffalo Parkway Project; The purpose of the financing is to provide access to a major vacant, under-utilized site for neighborhood commercial, retail and light industrial development, to re-engineer the City's infrastructure from an obsolete rail-oriented system, unfriendly to residential neighborhoods, to a modern, highway-oriented system meeting the needs of modern industry and compatible with adjacent residential neighborhoods, and to provide public infrastructure for a linear industrial park. A comprehensive description of the Project is attached herewith as Exhibit A (letter to Roy Priest, Director, Dept. of HUD, Washington, D.C., from Alan DeLisle dated 7/l/96). The Project will potentially crate 100 retail and commercial job opportunities, over 3,000 manufacturing jobs, and potentially generate an additional $2 million annually in property taxes. The Project will be required to comply with Davis-Bacon (i.e. prevailing wages) and Section 3 Legislation (e.g. local hiring requirements). The term shall be for a 9-year period, requiring level amortization payments of principal and interest. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 71 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Section 108 Funds and Urban Development Action Grant Market Arcade Facades/Root Building Project Permission is requested of your Honorable Body to utilize a $1,653,904.00 Community Development Block Grant Section 108 Guaranteed Loan and a $1,000,000.00 Urban Development Action Grant for the following activity to be undertaken by the Buffalo Enterprise Development Corporation, as program administrator. 1) $1,653,904.00 Section 108 loan, and a $1,000,000.00 Urban Development Action Grant for the Market Arcade Facades/Root Building Project. 2) The proposed Market Arcade Facades component will provide ten (10) "loft-style" residential units of approximately 13,600 sq. ft., and approximately 6,500 sq. ft. of retail. The Root Building component of the UDAG/108 funded activity (the first 2 floors) will offer an advanced culinary and hospitality education program and will include a new public restaurant. The program which is an extension and modification of the Emerson Vocational High School's existing culinary program, will provide 200 predominately low income students with mentor relationships with nearby businesses. The Project will also create approximately 20 new job opportunities of which approximately 75% will be held by low and moderate income individuals (for particulars refer to the attached memorandum from Joseph Petrella, Managing General Partner). 3) The Section 108 loan will be for a term of 20 years. The interest rate assessed will be at the prevailing Section 108 rate plus a one half of one percent administration fee subject to the following conditions: - A first mortgage on the real property located at 625-637 Main Street and the first two (2) floors of the building located at 86 W. Chippewa for the benefit of BEDC and the City. - A first blanket lien on all other fixed and current assets now owned or hereafter acquired. - The personal guarantee of the principal. - An assignment of rents. - Any other collateral deemed necessary by BEDC to assure full repayment of the loan and to fully secure the indebtedness. - Approval of such loan by the Common Council, the Buffalo Urban Renewal Agency, BEDC Board of Directors, the HUD field and Washington Offices. 4) The $1,000,000.00 Urban Development Action Grant shall be a 0%, non-amortizing loan for a term of 30 years, requiring an annual 50% cash flow participation and subject to the following conditions: - A 2nd mortgage on the real property commonly known as 625-637 Main Street, and the first two (2) floors of the building located at 86 W. Chippewa for the benefit of BEDC and the City. - A 2nd lien on all other fixed and current assets now owned or hereafter acquired. - The personal guarantee of the principals. - A subordinate assignment of rents. - Any other security deemed necessary by BEDC to fully secure the indebtedness. The Project will be required to comply with Davis-Bacon (i.e. local prevailing wages) and Section 3 Legislation (i.e. local hiring requirements). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 72 BUFFALO ENTERPRISE DEVELOPMENT CORPORATION Minority/Women Participation NE Buffalo Parkway Project Construction Res. #176, C.C.P., 6/25/96 The BEDC has reviewed the resolution submitted by Masten District Councilmember Byron W. Brown regarding Minority and Women Participation in the Northeast Buffalo Parkway Project: Construction Phase and is in full support of the resolution. The resolution and subsequent implementation by the City's Departments of Public Works, Community Development and the Buffalo Enterprise Development Corporation will create a vehicle to allow maximum participation for African-Americans and other residents of the surrounding community in this important City project. The BEDC and other parties involved in this project have been working with Councilmembers Brown, Gray, and others to develop a process for maximizing both workforce participation and Women and Minority Business Enterprise participation in the construction phase of the project. As one example, the participants are making arrangements for a series of Pre-Bid Conferences to inform Minority and Women-owned contracting companies of the potential opportunities for contracting for construction of the Parkway. The Northeast Buffalo Parkway "Team" is also developing a plan for maximizing neighborhood and minority opportunities in the economic development intended to be created by the Parkway construction. In addition to the above-noted efforts for workforce and business opportunities, the Team has also developed a process to obtain full community participation in the planning and design for the new road and the economic development plan for the adjacent properties. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 73 ERIE COUNTY DEPT. OF ENVIRONMENT & PLANNING Lead Agency Status - Bennett Beach Pursuant to Part 617 of the implementing regulations pertaining to Article 8, (State Environmental Quality Review Act) of the Environmental Conservation Law. NAME OF ACTION: Bennett Beach Park Improvements and Ownership Transfer LOCATION: Old Lake Shore Road at Bennett Road Town of Evans, Erie County PROJECT NUMBER: C617-96-84 Erie County Department of Environment and Planning has identified this project as an Unlisted action for the purpose of SEQR and has chosen to coordinate the review of involved agencies pursuant to Part 617.6(c). Any involved or interested agency may submit objections in writing within thirty (30) days of the date of this notification. If no objections are expressed, Erie County Department of Environment and Planning will assume lead agency status for this action and will make a determination of its significance. Erie County Department of Environment and Planning has made an initial determination of no significant impact and anticipates issuing a negative declaration if no significant concerns are identified. The EAF is attached for your review. Written comments may be submitted to: Environmental Review Coordinator Erie County Department of Environment and Planning Room 1053, Rath Building, 95 Franklin Street Buffalo, New York 14202 before July 25, 1996. REFERRED TO SPECIAL COMMITTEE ON GOVERNMENTAL RELATIONS No. 74 NEW YORK STATE DEPT. OF TRANSPORTATION Concerns on Waterline Reconstruction - Delaware Ave. Thank you for your comments in response to the public hearing for the reconstruction of Delaware Avenue. Please be advised that any waterlines in conflict with or disturbed by the proposed construction will be replaced under the construction contract. Any existing waterlines damaged by the Contractor will be repaired by the Contractor at his expense. If you have further questions or comments, please do not hesitate to contact my office. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, AND CORPORATION COUNSEL No. 75 UNIFIED COURT SYSTEM - EIGHTH JUDICIAL DISTRICT Closed Circuit TV For Arraignments Thank you very much for forwarding to me the resolution adopted on June 11th, 1996 regarding closed circuit television for arraignments. In the event a new Court facility ever comes into existence and in the event the transportation of prisoners becomes a necessity, we will certainly address your concerns at that time. RECEIVED AND FILED No. 76 V.D. PARKER Complaint on Condition of Property - Jones Bldg. I am sending this letter to you with a serious complaint. I am very upset about the Property directly across from my newly built home. The property that I am referring to is the Walter Jones Bldg. This building is located on the corner of Broadway St. and Pratt St. It seems as though no one with the authority cares whether this building destroyed by fire years ago is removed. The problems that this facility is causing are: 1) Health Hazard - Any child or adult can walk in and on this property from the Pratt St. side and from the Broadway St. side. 2) Garbage, Debris, and Old Furniture has been dumped there. 3) It's been standing in that condition for well over 10 yrs. 4) It's infested with Rats & Mice that I've seen run to and from while standing on my property. 5) It is being used for Illegal Acts such as storing DRUGS etc. in hidden locations within its structures. I have seen grown men and teens walking in and out of the backside of the building. 6) IT IS AN AWFUL SITE TO LOOK AT FROM THE FRONT OF OUR HOMES. I don't know what other actions could be taken to remove this facility. I have tried calling the Mayor's Hot Line (no response). I've called Councilman Pitts before you took office, I have received no positive response as to the removal of this building. My only other course of action is to send you this written Complaint in hopes that you have something tangible to show. I, as a NEW PROPERTY OWNER, am trying to help rebuild Buffalo, by purchasing Property in areas of the city to help beautify and improve the Inter-city streets. However, I'm feeling somewhat betrayed when the city won't do their part in removing condemned property, in a reasonable time frame. I think 12 YEARS is just a little too long for a condemned building to remain standing. In fact there aren't any excuses for this. I think if the city and the state can solve other illegal actions such as Murder, Fraud, Robberies, etc., in a shorter period, they can get one person to take the responsibility to see that something is done about this problem. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF FIRE No. 77 UNITED STATES POSTAL SERVICE Legislation To Improve Street Number Identification Thank you for requesting our input regarding your proposed legislation to improve street number identification. Any reasonable initiative to improve street number identification on homes, businesses and civic organizations would certainly receive our endorsement. Probably more than any other business or government organization, the U. S. Postal Service requires proper, visible street number identification from the street in order to provide accurate and timely delivery service. We agree that such identification would be useful not only for postal letter carriers, but also for police, fire, and medical emergency personnel. One suggestion we offer is your consideration of standardizing the location of street number identification, wherever practicable and reasonable through recommended placement. We would endorse a proposal to suggest a recommended location (not necessarily a mandatory one) for number placement. For example, if the house has a porch, the legislation would recommend number placement on the porch column; if the house had no porch, perhaps a recommended placement above the door or to the right side or near the mailbox. We certainly don't want to complicate matters, and we appreciate how many homeowners and business owners would be reluctant to be forced to either relocate their current numbers or place them in a location that is aesthetically unsatisfactory for them. If you have any questions or concerns about this matter, please contact Vic Laudisio of my staff at 846-2536. Thanks again for contacting us. REFERRED TO THE COMMITTEE ON LEGISLATION No. 78 S ZAMBITO Waive Inspection Fee, Cancel Taxes, etc. - 430 Delaware Ave Under cover of this letter, I am requesting that the first half of the city taxes, water and sewer bills for 430 Delaware Avenue be cleared by the City of Buffalo as this was an in rem property foreclosed upon for back taxes and the title was not transferred to myself until January 5, 1996; the bills in question are from July 1, 1995 to December 31, 1995. Attached to this letter, please find my letter to the Buffalo Common Council dated June 20, 1996. This original claim for waiver of the inspection fee for the Certificate of Occupancy for the building was sent to the Finance Committee, but for some reason I was denied my right to speak on this issue and the matter filed. Please take my claim seriously this time and please allow me to speak. Thank you for your time and consideration. RECEIVED AND FILED PETITIONS No. 79 Michael Doran, owner, petition to use 1234 Delaware for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 80 Thomas Gang, owner, (Blackthorns), petition to use 2134 Seneca St. for an outdoor cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 81 Camile Haun & Others, owner, petition to use 141 Bidwell for an outdoor patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 82 Robert Lesser (Topic Cafe), owner, petition to use 185 Allen for a sit-in restaurant with outdoor cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF CITY DEVELOPMENT No. 83 Ramesh Chainani, owner, petition to use 1116 Elmwood for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 84 Paul Carroll and others - Request Replacement of Watermain on Park St. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS No. 85 Prospect Pointe Block Club encompasses the Marrano constructed brick Victorian-themed homes of the first block of Prospect Avenue; i.e. the homes on street section located between West Huron and Georgia. Prospect Pointe Block Club officers are Michael Banks (Chairperson), Earl Bovanizer (Treasurer), and Shelly Digiulio (Secretary). Several months ago, renaming the first block of Prospect Avenue was proposed. This resolution was passed unanimously. All of the residents were then polled and the populous voted in favor of renaming the first block of Prospect Avenue to Rabin Terrace. Our neighborhood has commonality with the principles of the recently assassinated Israel Prime Minister Yitzhak Rabin. Thus, we wish to bear remembrance and honor to deceased Prime Minister Rabin. We understand the process to change our street name first involves polling the residents/homeowners. (Via a block club originated petition signed by a majority of residents/homeowners indicating team buy-in to the proposed name change.) This is followed by submitting information to the Common Council through a Buffalo City Common Council Member. Enclosed are copies of our petition for renaming the first block of Prospect Avenue to: Rabin Terrace. The residents of Prospect Pointe, Prospect Pointe Block Club members, are excited to be working with you, your office, the Common Council, and the City of Buffalo on this important issue to our neighborhood. Please contact the Block Club President and/or Treasurer should you have any questions. We look forward to proceeding with the street name change to Rabin Terrace. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE, COMMISSIONER OF FIRE, AND COMMISSIONER OF PUBLIC WORKS, REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 86 Memo. of Agree. - Loc.264 - Amend Item #55, C.C.P., June 11, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No 87 Appointment Data Processing Equipment Operator That Communication 32 June 25, 1996 be received and filed and the Permanent appointment of Janet E. Sanfilippo stated above at the Permanent salary $25,369.00 effective on June 20, 1996 is hereby approved. PASSED AYES - 12 NOES - 0 No. 88 Appointment Fiscal Supervisor That Communication 78 June 25, 1996 be received and filed and the Temporary appointment of Sharon M. Loubert stated above at the Maximum salary $32,395.00 effective on June 10, 1996 is hereby approved. PASSED AYES - 12 NOES - 0 No. 89 Appts. - Temp/Prov/Perm. Item #86, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 90 Reconstr. Var. Pkg. Ramps (Bd. Pkg.) Item #13, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 91 Expedite Acq./Demos. Health Haz. (Compt) Item #21, C.C.P., May 14, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 92 Expedite Acq./Demo. Health Haz. (A&F) Item #65, C.C.P., May 14, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 93 Exp. Demo. Deteriorated Bldgs. Item #171, C.C.P., April 30, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 94 Exp. Demo. Deteriorated Bldgs. (NHI) Item #57, C.C.P., May 28, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 95 Abate Water Chg.-Irish Weld. (PW) Item #34, C.C.P., March 19, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 96 NICYO, Inc. - Req. Lease-MLK Pk. Cas. Bldg. Item #90, C.C.P., May 28, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 97 S. Ramsey & O - Req. Gail Avenue. be Repaved Item #103, C.C.P., May 28, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 98 S. Ramsey-Repave Gail St. (PW) Item #52, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 99 Audit - Stad. & Aud. (Compt) Item #14, C.C.P., June 11, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 100 Greater Buffalo Soccer, L.P., Lease Item #35, C.C.P., June 11, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Zuchlewski moved: That the Director of the Board of Stadium and Memorial Auditorium be, and he hereby is authorized to extend the lease between the City of Buffalo and Greater Buffalo Soccer, L.P. for September 1, 1995 through August 31, 1996, with a minimum guaranteed rental payment of $50,000 with additional rental of 10% of the gross receipts less taxes in excess of $700,000. LOST AYES - BROWN, COPPOLA, CZAJKA, KAVANAUGH, LOCKWOOD, LOTEMPIO - 6 NOES - GRAY, HELFER, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 6 No. 101 Authorized but Unissued Debt Item No. 23, C.C.P., June 25, 1996 That the Comptroller be, and he hereby is authorized to rescind the Bond Resolutions as more fully described in Item No. 23, C.C.P., June 25, 1996; thereby reducing the authorized but unissued debt. PASSED AYES - 12 NOES - 0 No. 102 Lease Purchase of Computer Equipment Item No. 27, C.C.P., June 25, 1996 That the Comptroller be, and hereby is authorized to enter into the lease purchase of various computer acquisitions and services for two projects approved in the 1996-97 Budget for a total purchase payable over five years of $799,000 and to be approved with specifications to be filed with the Board of Review. PASSED AYES - 12 NOES - 0 No. 103 Water Auth. Consult. Engr. Rept. (PW) Item #40, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 104 Report of Bids - Military Road Watermain Item No. 49, C.C.P., June 25, 1996 That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Water System Improvements, Military Road Watermain, Contract No. 33 to MPJ Contracting, the lowest responsible bidder in the amount of $710,495.00 for the base bid plus approved unit prices for an additional $71,049.50, for a total encumbrance of $781,544.50. Funds for this project are available in the Division of Water's Capital Project Account, 416-983-501. PASSED AYES - 12 NOES - 0 No. 105 Solicitation of Funds - S. Buffalo Lackawanna Lions Club Item No. 68, C.C.P., June 25, 1996 That the Commissioner of Community Development be, and hereby is authorized to grant an exemption to the South Buffalo Lackawanna Lions Club to solicit funds in the City of Buffalo area from September, 1996 through October, 1996, pursuant to Chapter 316, Article VI of the Code of the City of Buffalo. PASSED AYES - 12 NOES - 0 No. 106 Emergency Demolition - 385 Goodyear, etc. Item No. 69, C.C.P., June 25, 1996 That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Youngs Auto & House Wrecking at a cost of $4,900.00, relating to 385 Goodyear; at a cost of $5,700.00, relating to 1626 Genesee; for a total aggregate bid of $10,600.00; to J. Martin at a cost of $5,000.00, relating to 31 Kilhoffer, at a cost of $5,000.00, relating to 37 Kilhoffer, at a cost of $3,800.00, relating to 125 Zenner; for a total aggregate bid of $13,800.00; are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-003-00000. PASSED AYES - 12 NOES - 0 No. 107 Emergency Demolition - 11 Helen Street, etc. Item No. 70, C.C.P., June 25, 1996 That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Alternative Demolition at a cost of $7,100.00, relating to 11 Helen Street; at a cost of $5,900.00, relating to 160 West Delavan; at a cost of $9,600.00, relating to 370 Connecticut; for a total aggregate bid of $22,600.00; are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-003-00000. PASSED AYES - 12 NOES - 0 No. 108 Emergency Demolition - 212 Miller Avenue Item No. 71, C.C.P., June 25, 1996 That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Cedar Wrecking & Salvage at a cost of $4,100.00, relating to 212 Miller Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefited, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED AYES - 12 NOES - 0 No. 109 Emergency Demolition - 23 Ruhland Avenue Item No. 72, C.C.P., June 25, 1996 That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Cedar Wrecking & Salvage at a cost of $6,800.00, relating to 23 Ruhland Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefited, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED AYES - 12 NOES - 0 No. 110 S. Fisher - Preserve Asbury Dela. Ch. Item #89, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 111 S. Zambito - Waive Fee Cert. Occup/430 Delaware Item #96, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. Mrs. LoTempio moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 112 Resubmit Offer - 188 Madison Street Item No. 131, C.C.P., June 25, 1996 That the offer of 9274 Group, Inc., of 210 Ellicott Square Building, in the sum of $3,000.00 (Three Thousand Dollars) to purchase the property described as 188 Madison Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. RECEIVED AND FILED No. 113 Recommends to Budget Process Item #175, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby referred to Budget Committee. ADOPTED LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 114 Frank Sakowski Petition to use 3198 Main Street for a Building Item No. 94, C.C.P., June 25, 1996 That after a public hearing before the Committee on Legislation on July 2, 1996, the decision of the City Planning Board be, and hereby is overturned and the petition of Frank Sakowski, owner, for permission to use 3198 Main Street for a new building be, and hereby is approved. PASSED AYES - 12 NOES - 0 No. 115 William Schierlitz Petition to use 1208 Hertel Avenue Take Out Restaurant Item No. 97, C.C.P., June 25, 1996 That after a public hearing before the Committee on Legislation on July 2, 1996, the petition of William Schiertlitz, owner, for permission to use 1209 Hertel Avenue for a take out restaurant be, and hereby is approved with contingent approval for an outdoor table setting with the approval of the Department of Public Works. PASSED AYES - 12 NOES - 0 No. 116 Qual-Econ Leasing Co., Inc. Petition to use 1516 Niagara Street for a Clam Bar Item No. 87, C.C.P., June 11, 1996 That after a public hearing before the Committee on Legislation on July 2, 1996, the petition of Qual-Econ Leasing Co., Inc., owner, for permission to use 1516 Niagara Street for a clam bar be, and hereby is approved. PASSED AYES - 12 NOES - 0 No. 117 Conv.Serv.Sta/Conven.Str./Main-Winspear (CP BD) Item #11, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 118 New Bethel Community Petition to use 167 Englewood - Soup Kitchen Item No. 84, C.C.P., Apr. 2, 1996 Item No. 152, C.C.P., June 25, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Helfer moved: That after a public hearing before the Committee on Legislation on July 2, 1996, the petition of New Bethel Community, owner, for permission to use 167 Englewood for a soup kitchen be, and hereby is denied. ADOPTED AYES - BROWN, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 10; NOES - GRAY, KAVANAUGH - 2 No. 119 P. Beamerr & O - Opp. Soup Ktch-167 Englewood (89, 6/11) Item #153, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 120 Maint. of City-owned Properties Item #191, C.C.P., April 16, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 121 Maint. of City-owned Properties Item #20, C.C.P., April 30, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 122 Explorer League use Lafayette Ice Rink Item #186, C.C.P., May 14, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 123 B. Cline - Problems - Ice Time Lafayette Ice Rink Item #84, C.C.P., May 28, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 124 No. Bflo. Com. Ctr. No. Bflo. Ice Rink Item #93, C.C.P., May 28, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 125 Use of No. Bflo. Ice Rink (CC) Item #39, C.C.P., June 11, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 126 No. Bflo. Ice Rink (CC) Item #40, C.C.P., June 11, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 127 No. Bflo. Ice Rink (A&F) Item #57, C.C.P., June 11, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 128 Encroach - 73 Allen Street - Sidewalk Cafe Item No. 30, C.C.P., June 11, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Michael Walsh, owner of K. Galleghers Restaurant, located at 73 Allen Street, to install a sidewalk cafe, 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 sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than four and one-half feet (4.5') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (20' x 4.5' = 90 sq. ft. x $2 = $180.00/year). 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES - 12 NOES - 0 No. 129 Ordinance Amend. - Chapter 511 - Zoning (Restricted uses) Item No. 166, C.C.P., June 11, 1996 That the Ordinance Amendment as contained in Item No. 166, C.C.P., June 11, 1996 be, and the same hereby is approved. PASSED AYES - 12 NOES - 0 No. 130 Re-appointment of Member to the Buffalo Sewer Authority Item No. 3, C.C.P., June 25, 1996 That the re-appointment to the Buffalo Sewer Authority of Daniel R. Acker, residing at 26 Monticello Place, for a term expiring June 30, 1999, be and hereby is confirmed. ADOPTED No. 131 Appt/Reappt. Mbrs. Stad/Aud. Bd. (Mayor) Item #4, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed (four names). 1. James T. Sandoro 2. Raymond K. McGurn 3. Joseph C. Maiore 4. Roosevelt T. Johnson ADOPTED No. 132 Notif. Ser. #8681-8683 (PW) Item #35, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 133 Encroach - 73 West Chippewa Street - Sidewalk Cafe Item No. 56, C.C.P., June 25, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Michael Sherk, owner of a restaurant, located at 73 West Chippewa Street, to install a sidewalk cafe, 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 sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed eight feet (8') in length or extend more than five feet (5') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (8' x 5' = 40 sq. ft. x $2 - $80.00/year). 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES - 12 NOES - 0 No. 134 Encroach - 497 Delaware Avenue - Sidewalk Cafe Item No. 57, C.C.P., June 25, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Tony Lesakowski, owner of The Gargoyle Restaurant and Bar, located at 497 Delaware Avenue on Virginia Place, to install a sidewalk cafe, 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 sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than two feet (2') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (20' x 2' = 40 sq. ft. x $2 = $80.00/year). 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES - 12 NOES - 0 COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 135 Reneg. PILOT w/Prudential Assoc. Item #184, C.C.P., June 11, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 136 Transfer of Title - Urban Homestead Program - 105 Brayton Item No. 74, C.C.P., June 25, 1996 That the City-owned property commonly known as 105 Brayton Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Mr. Leonard R. Sciolino, who owns 105 Brayton Street, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and is maintained in a sanitary manner for at least thirty-six (36) months. PASSED AYES - 12 NOES - 0 RESOLUTIONS No. 137 By: Mr. Brown Review Impact of Year 22 CDBG on Masten District Whereas: In the 1996-97 Community Development Block Grant application (Year 22), the Masten Council District, along with all Council Districts and the city at large, experienced a decrease in funding allocations; and Whereas: However, it seems that the reduction in Masten District funding, particularly in the Human Service area, was disproportionately high; and Whereas: When this Council approved the CDBG application, The Department of Community Development was asked to perform an analysis of the allocations to determine if Masten was shortchanged. Furthermore, Councilmembers stated that if Masten was underfunded, adjustments would be made to provide additional money; and Whereas: The analysis provided by the Department of Community Development (#67, CCP, 6/25/96) indicated that Masten funding is indeed disproportionately reduced, particularly in Human Service provision; Now, Therefore, Be It Resolved: That Mayor Masiello, Community Development Commissioner DeLisle, Council President Pitts, Majority Leader LoTempio, and Community Development Committee Chairman Zuchlewski be requested to encourage the expeditious initiation of the steps to make the promised adjustments commence immediately. REFERRED TO THE OFFICE OF THE COUNCIL PRESIDENT No. 138 By: Mr. Brown 2-Year Lease Agreement -National Inner Cities Youth Opportunities, Inc. Whereas: National Inner Cities Youth Opportunities Inc., and its programs such as the Randy Smith Basketball League, Inner Cities Youth Baseball, General Bass Tennis League, Division for Youth Y.E.S. Program, Alternative to Violence Program, and Buffalo Crusaders Drill Team have operated out of the Martin Luther King, Jr. Park Casino Building, with use of the basketball and tennis courts for a numbers of years without a lease; and Whereas: National Inner Cities Youth Opportunities, Inc., has petitioned the Council for a lease agreement at $1.00 per year for the Martin Luther King, Jr. Casino Building; Now Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to draft a two-year lease agreement with an option for renewal to National Inner Cities Youth Opportunities, Inc. for the use of the Martin Luther King, Jr, Casino Building and its grounds; and Be It Further Resolved That: The Corporation Counsel include in the draft agreement a 30 day Notice of Termination Clause with relocation assistance. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL No. 139 By: Mr. Brown Crackdown On Illegal Dumping - Winslow Avenue Whereas: Section 216-9, Article VI of the Code of the City of Buffalo makes it illegal for anyone to dump any waste material on any property without the consent of the owner; and Whereas: Section 216-10 allows for the City to pay a reward of up to five hundred dollars ($500. 00) for information leading to the apprehension, arrest and conviction of persons who are found guilty of illegal dumping; and Whereas: In addition, an ordinance amendment recently passed by the Common Council (Section 216-9B) makes the owners, operators, registrants and any occupants of vehicles involved with illegal dumping jointly liable for the penalties incurred for such a violation; and Whereas: Recently some civic-minded individuals witnessed persons in two different vehicles illegally dumping construction debris behind 174 Winslow Avenue, and reported this activity to the City of Buffalo; and Whereas: The vehicles allegedly involved were identified as a dump truck owned by Craig & Warren Construction of Blasdell and a pickup truck owned by Jack and Barbara Malcolm, owners of Cedar Wrecking and Salvage; and Whereas: As a result of this tip, the Bureau of Administrative Adjudication has imposed a $1,500 fine on each dumper, the Department of Streets Sanitation has removed the debris and has been asked to bill the dumpers for that service, and the information has been turned over to the Law Department for possible criminal prosecution; and Whereas: The Winslow Avenue incident is the first case identified under the new ordinance, making the vehicle's owners, registrants, operators and occupants liable, which was enacted in order to make it more difficult for illegal dumpers to evade prosecution; and Whereas: The good citizens who witnessed this dumping and reported the information to the proper authorities, James Core of 172 Winslow Avenue, Estrice and Betty Bulls of 166 Winslow Avenue, and Leonard L. Hayes of 171 Winslow Avenue, should be commended for their active concern for their community; and Whereas: Although they reported this illegal dumping without any regard for monetary compensation, these citizens should be rewarded for their willingness to take an active role to enhance the quality of life in their neighborhood; and Whereas: Rewarding these citizens would also provide an incentive to others to be vigilant of illegal dumping, to record license plate numbers, and to report this activity to the proper authorities; and Whereas: More than that, it would send out a powerful message that illegal dumping is an unhealthy and unsightly practice that can lead to the decline of a neighborhood, and that it will not be tolerated in the City of Buffalo; Now, therefore be it resolved: That this Common Council urge the Corporation Council, the Streets Sanitation Department, and the Bureau of Administrative Adjudication to ensure that the Winslow Avenue dumping episode is pursued with all due diligence, and that the citizens who reported it are rewarded if the information they provided leads to the conviction of the alleged dumpers; and Be it also resolved: That the administration make an effort to educate and inform the public about the City ordinances regarding illegal dumping, and look into the creation of a "Dumping Hot Line" that would help expedite the reporting of illegal dumping. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF ADMINISTRATION AND FINANCE, COMMISSIONER OF POLICE, AND COMMISSIONER OF STREET SANITATION. No. 140 By: Mr. Coppola Waive Block Party Permit Fees for National Night Out Whereas: This year, National Night Out will be held on Tuesday, August 6, 1996, Between 6:00 and 10:00 p.m., and Whereas: In the City of Buffalo, this event is heavily promoted to fight crime and drugs. Block clubs are encouraged to take part with many of them planning block parties; and Whereas: The City of Buffalo charges a $12 processing fee for block party permits; and Whereas: To encourage block clubs to participate in National Night Out activities, the city should waive the $12 processing fee for the permit to block city streets. Now therefore be it resolved that This Common Council encourages participation of block clubs throughout the City of Buffalo in this year's National Night Out activities on Tuesday, August 6, 1996, and supports the waiving of the $12 block party permit fee for that date. Be it further resolved that: This Common Council waives any fees for permits for the Community Action Information Center's annual motorcade and community-wide party celebrating National Night Out. PASSED AYES - 12 NOES - 0 No. 141 By: Mr. Czajka Authorize and Ratify Project Agreements Whereas: The New York State Division for Youth earmarked a $2.7 million grant for the renovation and expansion of the Hennepin Park Community Center; and Whereas: The Common Council at its November 3, 1993 meeting (Item No. 146) adopted a resolution authorizing the mayor to initiate the necessary actions to enter into contractual agreements with New York State to begin renovation and expansion of the Hennepin Park Community Center; and Whereas: The New York State Division for Youth is seeking Common Council authorization and ratification of Commissioner Daniel T. Durawa's execution of the Amended Award Disbursement and Program Agreement and the Declaration of Restrictions and consents to it recording. Now, Therefore Be It Resolved: That the Common Council authorizes and ratifies Human Services, Parks and Recreation Commissioner Daniel T. Durawa's November 14, 1995 execution of the Award Disbursement and Program Agreement between the New York State Division for Youth and the City of Buffalo relating to the expansion and renovation of the Hennepin Park Center, 24 Ludington Street, Buffalo, New York 14206; and Be It Further Resolved: That the Common Council authorizes and ratifies Commissioner Durawa's November 14, 1995 execution of the Declaration of Restrictions required pursuant to the aforesaid agreement and consents to its recording; and Be It Finally Resloved: That the Common Council authorizes the Mayor or his designee Commissioner Durawa to execute any and all other documents which may be required by the Division for Youth relating to the Hennepin Park. PASSED AYES - 12 NOES - 0 No. 142 By: Mr. Czajka Excuse Council Member Franczyk from Council Meeting WHEREAS: Council Member Franczyk will be out of town in order to attend a White House reception for Aleksander Kwasniewski, President of Poland; NOW THEREFORE BE IT RESOLVED: That Council Member Franczyk be excused from the Council meeting on July 9, 1996. ADOPTED No. 143 By: Mr. Franczyk: Bond Resolution $2,700,000 Bonds Local Match Reconstruction of Streets Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,700,000 General Improvement Bonds of said City, to finance the City's local share of the cost of the reconstruction of various streets in the City, at the estimated maximum cost of $2,700,000. 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 Bonds of said City in the principal amount of Two Million Seven Hundred Thousand Dollars ($2,700,000), 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 City's local share of the cost of reconstruction of various streets in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,700,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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, "Local Match Reconstruction of Streets, 1996-97", Bond Authorization Account No. 200-401, 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 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 $2,700,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. 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. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: July 9, 1996 LAID ON THE TABLE No. 144 By: Mr. Franczyk Bond Resolution $2,100,000 Bonds Reconstruction of Amherst Street Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,100,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of Amherst Street in the City, at the estimated maximum cost of $2,100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million One Hundred Thousand Dollars ($2,100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the partial reconstruction of Amherst Street, between Grant Street and Elmwood Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Amherst Street, 1996-97", Bond Authorization Account No. 200-401, and shall be used for the specific object or 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 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 $2,100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. 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. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: July 9, 1996 LAID ON THE TABLE No. 145 By: Mr. Franczyk Bond Resolution $1,500,000 Bonds Reconstruction of Various Streets Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,500,000 General Improvement Bonds of said City, to finance the cost of the reconstruction of various streets in the City, at the estimated maximum cost of $1,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the reconstruction of various streets located in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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, "Local Match Reconstruction of Streets-Various, 1996-97 ", Bond Authorization Account No. 200-401, 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 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 $1,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. 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. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: July 9, 1996 LAID ON THE TABLE No. 146 By: Mr. Franczyk Bond Resolution $1,000,000 Bonds Construction of School #42 Comm.Ctr. Account No. 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement Bonds of said City, to finance a portion of the cost of construction of School #42 Community Center, 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 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 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 to finance a portion of the cost of construction of School #42 Community Center, including the community facilities portion of the project. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Construction of School #42 Community Center, 1996-97," Account No. 200-717, and shall be used for the specific object or 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 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 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed 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 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: July 9, 1996 LAID ON THE TABLE No. 147 By: Mr. Franczyk Bond Resolution $900,000 Bonds Reconstruction PAL Center Account 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $900,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Police Athletic League Center located at 118 East Utica Street, at the estimated total cost of $900,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Nine Hundred Thousand Dollars ($900,000), 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 Police Athletic League Center located at 118 East Utica Street. The estimated total 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 $900,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Reconstruction PAL Center, 1996-97", Bond Authorization Account No. 200-717, and shall be used for the specific object or 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 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 $900,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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 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: July 9, 1996 LAID ON THE TABLE No. 148 By: Mr. Franczyk Bond Resolution $725,000 Bonds Reconstruction of Ice Rinks - Various Account No. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $725,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of ice rinks in various locations in the City, at the estimated maximum cost of $725,000. 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 Bonds of said City in the principal amount of Seven Hundred Twenty-Five Thousand Dollars ($725,000), 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 partial reconstruction of ice rinks in various locations in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $725,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Ice Rinks-Various, 1996-97," Bond Authorization Account No. 200-402, 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 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 $725,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19 (c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: July 9, 1996 LAID ON THE TABLE No. 149 By: Mr. Franczyk Bond Resolution $700,000 Bonds Reconstruct Michigan Avenue Lift Bridge Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $700,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Michigan Avenue Lift Bridge, at the estimated total cost of $700,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Hundred Thousand Dollars ($700,000), 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 Michigan Avenue Lift Bridge. The estimated total 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 $700,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Michigan Avenue Lift Bridge, 1996-97", Bond Authorization Account No. 200-401, and shall be used for the specific object or 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 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 $700,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. 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 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 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: July 9, 1996 LAID ON THE TABLE No. 150 By: Mr. Franczyk Bond Resolution $635,000 Bonds Reconstruction Shea's Facade Account No. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $635,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Shea's Center for the Performing Arts, at the estimated maximum cost of $635,000. 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 Bonds of said City in the principal amount of Six Hundred Thirty-Five Thousand Dollars ($635,000), 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 Shea's Center for the Performing Arts, including reconstruction of the brick facade. 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 $635,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Shea's Facade, 1996-97," Account No. 200-402, 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 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 $635,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) Said 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 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: July 9, 1996 LAID ON THE TABLE No. 151 By: Mr. Franczyk Bond Resolution $500,000 Bonds Restoration Kleinhans Music Hall Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of Kleinhans Music Hall, at the estimated total cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of Kleinhans Music Hall, including modernization of kitchen facilities. The estimated total 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 $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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, "Restoration Kleinhans Music Hall, 1996-97", Bond Authorization Account No. 200-402, and shall be used for the specific object or 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 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 $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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 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: July 9, 1996 LAID ON THE TABLE No. 152 By: Mr. Franczyk Bond Resolution $500,000 Bonds Reconstruction of Machnica Community Center Account 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Machnica Community Center, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Machnica Community Center, located at 1799 Clinton Street in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Reconstruction of Machnica Center, 1996-1997," Bond Authorization Account No. 200-717, 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 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 $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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: July 9, 1996 LAID ON THE TABLE No. 153 By: Mr. Franczyk Bond Resolution $280,000 Bonds Reconstruction of Fire Stations Account No. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $280,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various fire stations, at the estimated maximum cost of $280,000. 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 Bonds of said City in the principal amount of Two Hundred Eighty Thousand Dollars ($280,000), 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 various fire stations In the City. The estimate maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $280,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Fire Station, 1996-97," Account No. 200-402, 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 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 $280,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) Said buildings to be partially reconstructed are 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 class of objects 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 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 bonds and 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: July 9, 1996 LAID ON THE TABLE No. 154 By: Mr. Franczyk Bond Resolution $250,000 Bonds Improvements West Side Community Center Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the West Side Community Center, 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 Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement 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 partial reconstruction of the West Side Community Center, located at 161 Vermont Street in the City. The estimated total 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 1996-97, as amended. 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, "Improvements to West Side Community Center, 1996-97", Bond Authorization Account No. 200-402, and shall be used for the specific object or 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 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 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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 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: July 9, 1996 LAID ON THE TABLE No. 155 By: Mr. Franczyk Bond Resolution $200,000 Bonds Reconstruction City Hall Exterior Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of City Hall, at the estimated total cost of $200,000. 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, is hereby authorized and directed to issue General Improvement 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"), to finance the cost of the partial reconstruction of City Hall, including restoration of original exterior and interior finishes and adaption of office spaces. The estimated total 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 $200,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 City Hall Exterior, 1996-97", Bond Authorization Account No. 200-402, and shall be used for the specific object or 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 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 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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 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: July 9, 1996 LAID ON THE TABLE No. 156 By: Mr. Franczyk Bond Resolution $150,000 Bonds Handicapped Access Improvements Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 Improvements Bonds of said City, to finance the cost of the partial reconstruction of various City-Owned buildings, to provide for handicapped access, 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 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 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 partial reconstruction of various City-owned buildings, to provide for handicapped access. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Improvements 1996-97", Bond Authorization Account No. 200-402, 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 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 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the 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. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the 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 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: July 9, 1996 LAID ON THE TABLE No. 157 By: Mr. Franczyk Bond Resolution $150,000 Bonds Improvements So. Bflo. Community Center Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the South Buffalo Community Center, located at 2219 South Park Avenue, at the estimated total 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, is hereby authorized and directed to issue General Improvement 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 partial reconstruction of the South Buffalo Community Center, located at 2219 South Park Avenue. The estimated total 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 1996-97, as amended. 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, "Improvements So. Bflo. Community Center, 1996-97", Bond Authorization Account No. 200-402, and shall be used for the specific object or 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 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 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class " B " construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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 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 the principal of and interest on 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: July 9, 1996 LAID ON THE TABLE No. 158 By: Mr. Franczyk Bond Resolution $150,000 Bonds Improvements Zoo Sidewalk Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of improvements to sidewalks located along the Parkside Avenue entryway to the Buffalo Zoo, at the estimated total 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, is hereby authorized and directed to issue General Improvement 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 improvements to the sidewalks located along the Parkside Avenue entryway to the Buffalo Zoo. The estimated total cost of said specific of 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 1996-97, as amended. 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, "Improvements Zoo Sidewalk, 1996-97", Bond Authorization Account No. 200-402, 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 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 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.24. of the 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 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: July 9, 1996 LAID ON THE TABLE No. 159 By: Mr. Franczyk Bond Resolution $100,000 Bonds Reconstruction Elevators-Various Bldgs Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of elevators in various City-owned buildings, at the estimated total cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of the elevators in various City-owned buildings, to ensure code compliance. 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 $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Elevators-Various Bldgs, 1996-97", Bond Authorization Account No. 200-402, 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 bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the 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. 13 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 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: July 9, 1996 LAID ON THE TABLE No. 160 By: Mr. Franczyk Bond Resolution $95,000 Bonds Improvements Kleinhans Music Hall Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $95,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of Kleinhans Music Hall, at the estimated total cost of $95,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Ninety-Five Thousand Dollars ($95,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of Kleinhans Music Hall, including handicapped access improvements to lavatories. The estimated total 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 $95,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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, "Improvements Kleinhans Music Hall, 1996-97", Bond Authorization Account No. 200-402, and shall be used for the specific object or 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 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 $95,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B " construction as defined by Section 11. 00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a)(2) of the 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 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: July 9, 1996 LAID ON THE TABLE No. 161 By: Mr. Franczyk Bond Resolution $50,000 Bonds Reconstruction Museum of Science Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $50,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Museum of Science Building in the City, at the estimated total cost of $50,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty Thousand Dollars ($50,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the 'Law"), to finance the cost of the partial reconstruction of the Museum of Science Building in the City, including improvements to the roof. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $50,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. 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 Museum of Science Roof, 1996-97", Bond Authorization Account No. 200402, and shall be used for the specific object or 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 bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $50,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the 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 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: July 9, 1996 LAID ON THE TABLE No. 162 By: Mr. Franczyk Bond Resolution $50,000 Bonds Restoration Parkside Lodge Account 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $50,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of Parkside Lodge in Delaware Park, at the estimated total cost of $50,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty Thousand Dollars ($50,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of Parkside Lodge in Delaware Park. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $50,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 199697, as amended. 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, "Restoration Parkside Lodge, 1996-97", Bond Authorization Account No. 200-402, and shall be used for the specific object or 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 bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $50,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19 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 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: July 9, 1996 LAID ON THE TABLE No. 163 By: Ms. Gray Referendums Whereas: It has long been recognized that meaningful citizen participation is an important and highly desirable part of local government; and Whereas: Public officials are elected to make decisions for the citizenry and often do so on a daily basis, but it is essential to bring the general public into the decision-making process; and Whereas: Efforts are frequently made to elicit public comment through community meetings, public hearings, and other forums, but only a small segment of the total population is able or willing to participate in such events; and Whereas: One of the main stated reasons for the lack of community involvement in public forums is a belief that the public's comments will not be seriously considered in the development of public policy; and Whereas: A public referendum is one of the few ways in which the public can voice its opinion on an issue and know that the wishes of the majority will prevail; and Whereas: Referendums do not diminish the responsibilities or authority of elected officials, since many crucial details would still have to be decided by those officials; and Whereas: Although referendums are fairly common on the state level regarding such topics as bond issues and legislative proposals, on the municipal level of government referendums are relatively infrequent; and Whereas: In a communication from the Law Department last year regarding a possible referendum regarding casino gambling (No. 77, C.C.P., July 25, 1996), the Corporation Counsel stated that "only certain legislative proposals can be put forward for referendum," and that Municipal Home Rule Law limits the ability of a municipality to conduct referendums; and Whereas: It is vital that the City of Buffalo develop a better understanding of the role of local referendums, and implement a policy to address the need to make referendums a part of city government; and Whereas: Having more local referendums would not only allow direct public participation in policy decisions, it would also lead to a more informed and better motivated electorate; and Whereas: More referendums also would also help increase voter participation rates by giving citizens a real voice in some of the major issues facing their city; Now, therefore be it resolved: That the Corporation Counsel prepare a detailed report on City of Buffalo referendums, and include what instances they are permitted, how exact wording is determined, when they must be submitted in order to be included on a particular ballot, and other relevant issues; and Be it further resolved: That the Corporation Counsel draft a referendum policy for consideration by this Common Council establishing a city plan for the utilization of referendums. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. No. 164 By: Ms. Gray City Hall Security Whereas: Buffalo City Hall is a place where thousands of people work on behalf of the citizens of Buffalo, as well as a building that many of those citizens visit on a daily basis to conduct business; and Whereas: In recent years, a number of crimes have occurred in and around City Hall, causing a great deal of concern and consternation; and Whereas: From relatively minor occurrences like elevator vandalism and petty thefts to more serious incidents, there has been a pattern of increasing criminal activity inside and outside the building; and Whereas: Compared to other government office buildings downtown, which have uniformed security officers along with metal detectors and other security devices, City Hall is relatively devoid of any substantial measures necessary to provide sufficient security in a building of this size; and Whereas: In the recent past there have been efforts to enhance this inadequate security in and around City Hall, such as the issuance of employee identification cards, very little appears to have been done to improve security measures; and Whereas: This inadequate security has fostered a climate of fear and uneasiness in the building that has come to symbolize the City of Buffalo, and serves as the central hub for this municipality; Now, therefore be it resolved: That this Common Council requests that the Police Commissioner provide an assessment of the security measures presently in place in Buffalo City Hall; and Be it further resolved: That the Council's Legislation Committee hold a hearing, at a time and place that are convenient for City Hall employees, to allow the public to express their concerns, comments and suggestions regarding City Hall security. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMMISSIONER OF POLICE, AND THE COMMISSIONER OF PUBLIC WORKS No. 165 By: Ms. Gray and Mr. Quintana Request Permission Place Standing Marker at Foot of Ferry Street In Broderick Park Whereas: The Harriet Tubman 300's Organization, in conjunction with the Historical Society of Buffalo and Erie County, has requested permission to place a standing marker in Broderick Park at the Foot of Ferry; and Whereas: The standing marker will identify the location as part of the Underground Railroad departure sites for run-away slaves entering into Canada; and Whereas: This fact is listed in the National Parks Service Publication, September 1995 issue as one of the many documented sites in the Buffalo Area; Now, Therefore, Be It Resolved That: This Common Council supports the efforts of Harriet Tubman 300's Organization and the Historical Society of Buffalo and Erie County in obtaining a standing marker at the Foot of Ferry in Broderick Park; and Be It Further Resolved That: This Common Council requests that the Departments of Public Works, Human Services, Parks & Recreation, and the Corporation Counsel to establish conditions for the placement of the standing marker and report back to this Council on the feasibility of placing a standing marker at the Foot of Ferry in Broderick Park. ADOPTED No. 166 By: Mr. Helfer Appointment - Legislative Assistant I hereby appoint Kelly McCartney, 197 Congress Street, Buffalo, New York 14213, to the position of Legislative Assistant for the University District, effective July 1, 1996. ADOPTED No. 167 By: Mr. Helfer Public Hearing Main-Lasalle Place & Northeast Buffalo Parkway Project Section 108 Loan WHEREAS: Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and WHEREAS: The proposed Main-Lasalle Place & Northeast Buffalo Parkway Project Section 108 Loan requires the approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the Main-Lasalle Place & Northeast Buffalo Parkway Project before the Economic Development Committee on July 17, 1996 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 10th of July, 1996. ADOPTED No. 168 By: Mr. Helfer Ordinance Amendment Chapter 341 - Property Maintenance The Common Council of the City of Buffalo does hereby ordain as follows: That Section 341-2 of Chapter 341 of the Code of the City of Buffalo be amended to read as follows: It shall be the duty of the Commissioner of Street Sanitation to see that the provisions of this Article are enforced. Where violations of this Article exist, the Commissioner of Street Sanitation shall notify the owner of such land of the violation. Such notice shall give the owner five (5) days to comply with this Article. Such notice may be mailed by first class mail to the owner pursuant to Buffalo Charter Section 160. In the alternative, the notice may be personally served upon the owner by delivering the notice to the owner. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward D. Peace Corporation Counsel NOTE: Matter underlined is new. PASSED AYES - 12 NOES - 0 No. 169 By: Mr. Helfer City of Buffalo Local Law No. (1996) Introductory No. 10 (1996) A LOCAL LAW amending Article nine of the Charter of the City of Buffalo in relation to the service of notices. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article nine of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) That section one hundred sixty be amended to read as follows: If a nonresident or mortgagee shall file an appointment of a resident tax agent in the manner and form provided by section one hundred fifty-nine or if a resident owner or mortgagee shall file the written statement required by section one hundred fifty-eight, then all notices required to be served upon such owner or mortgagee under any provision of this act, relating to tax or assessment rolls or to taxes and assessments, or proceedings to collect or enforce the collection of taxes and assessments or any other provisions of the laws, ordinances, rules or regulations of the City of Buffalo, shall be deposited in the [post office of the city] United States Postal Service, postage prepaid, and directed to the names and addresses of the owner, mortgagee or tax agent, as the case may be, shown in the registration book kept as required by section one hundred fifty-seven. In all other cases such notices, directed to the name of the owner and the address, if any, as the same appears on the department of assessment's maps and/or records, and if no address there appears then with the address Buffalo, New York, and deposited in the [post office in the city] United States Postal Service, postage prepaid, shall be deemed sufficient service thereof Section 2. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM Edward D. Peace Corporation Counsel NOTE: Matter in brackets [] to be deleted; matter underlined is new. PASSED AYES - 12 NOES - 0 No. 170 By: Ms. Lockwood SET PUBLIC HEARING: Seneca-Cazenozia Senior Housing Center Approval of Land Disposition Agreement PEOPLE, INC. WHEREAS: People, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS: The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of fifty (50) residential units for Senior Citizens to be known as Seneca-Cazenovia Senior Housing Center in the Community Wide Urban Renewal Demonstration Program Area; and WHEREAS: said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action. Pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS: Article 15A of the "General Municipal 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 12th day of July 1996. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 1:00 o'clock p.m. in the Council Chambers on the 23rd day of July 1996. ADOPTED No. 171 By: Ms. Williams Display Banner for Jammin' 1996 Whereas: Jammin' 1996 will occur on July 13, 1996 with a street festival to be held on Allen Street to benefit MollyOlga Neighborhood Art Classes; and Whereas: To promote this festival of music and art, MollyOlga Art Classes has requested permission to display a banner on Allen St. between Elmwood and Wadsworth; and Whereas: The organizers would like to display the banners from July 1, 1996 through July 15, 1996; Now, Therefore, Be It Resolved: That this Common Council grants permission to MollyOlga Neighborhood Art Classes, Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES - 12 NOES - 0 No. 172 By: Ms. Williams Display Banner for 1st Annual Blues Festival Whereas: Buffalo's 1st Annual Blues Festival will occur on July 21, 1996 with a street festival to be held on Washington Street between Clinton and Eagle; and Whereas: To promote this festival of music, the Lafayette Tap Room has requested permission to display a banner on Washington St. between Clinton and Eagle; and Whereas: The organizers would like to display the banners from July 1, 1996 through July 22, 1996; Now, Therefore, Be It Resolved: That this Common Council grants permission to Lafayette Enterprises, Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES - 12 NOES - 0 No. 173 By: Mrs. Miller-Williams Waive Tent Fee For Taste of Buffalo Whereas: The Taste of Buffalo will be held on July 13 and 14, 1996. This event is one of the largest of its kind in the country; and Whereas: The Taste of Buffalo, Inc., applied to the Special Events Advisory Committee to hold the event and requested the waiver of the tent fees; and that Committee conditionally approved the holding of the Taste of Buffalo; and Whereas: For over ten years, the Fire Commissioner, and this Honorable Body since last year, has waived the tent fee; and Whereas: The Taste of Buffalo, Inc., does pay temporary stand fees, exhibition fees, garbage fees to the City; and Whereas: In order to continue this fine special event which attracts an average of 400,000 persons to Downtown Buffalo. Now Therefore Be it Resolved That: That the Common Council approve the waiver of the tent fees for the Taste of Buffalo to be held on July 13 and 14, 1996. PASSED AYES - 12 NOES - 0 No. 174 By: Ms. Miller-Williams Vacant Property at 173 Porter Ave. Whereas: The former Ammex Duty Free Store at 173 Porter Ave. has become a congregating place for individuals who abuse drugs and alcohol on the vacant and unlit property; and Whereas: Businesses and residents in the neighborhood have experienced increased vandalism, broken windows and robberies, and the police have logged an increased number of calls to the area; and Whereas: In the Spring of 1995 before the Ammex Store closed there was discussion of reuse of the property as a tourist center or warehouse, but nothing has been done to date; Now, Therefore, Be It Resolved: That this Common Council requests the Commissioner of Community Development, the Peace Bridge Authority and the Ammex Duty Free Store to respond in writing to these concerns and specifically to answer who is responsible for 173 Porter Ave. and what are the future plans for the site. ADOPTED No. 175 By: Ms. Miller-Williams Set Hearing Market Arcade Facades/Root Building Project Section 108 Loan and an Urban Development Action Grant WHEREAS: Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and WHEREAS: The use of Section 108 guaranteed loan funds and an Urban Development Action Grant for the Market Arcade Facades/Root Building Project requires the approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan and the Urban Development Action Grant for the Market Arcade Facades/Root Building Project before the Community Development Committee on July 17, 1996 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 10th day of July, 1996. ADOPTED No. 176 By: Ms. Miller-Williams and Mr. Franczyk SET PUBLIC HEARING Federal Home Loan Bank of NY II Approval of Land Disposition Agreement Gal/Van Developers, Inc. and BNRC WHEREAS: Gal/Van Developers Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"; and WHEREAS: The Agency and the Redeveloper have negotiated A Land Disposition Agreement for the construction of thirty (30) residential units of new housing known as the Federal Home Loan Housing Project II in the Community Wide Urban Renewal Homestead Program Area; and WHEREAS: Said land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS: Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may he 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 12th day of July 1996. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 9:00 o'clock p.m. in the Council Chambers on the 23rd day of July 1996. ADOPTED No. 177 By: Mr. Zuchlewski Reduced Parking for YWCA Apartments Whereas: the YWCA of Western New York, has received a Fund Reservation from the United States Department of Housing and Urban Development (HUD) to construct and operate a 65 unit apartment development for Elderly persons, and Whereas: the HUD section 202 program permits occupancy only by persons who are 62 years old or older; and Whereas: Article XIX, "Off-Street Parking and Loading", Section 511-96, Subsection (D)(2) of the Zoning Ordinance provides that the Common Council may reduce the parking requirements of Subsection (A) to not less than forty percent (40%); and Whereas: at least 26 parking spaces are proposed by the owner; and Whereas: these 26 spaces meet the 40% requirement; and Whereas: HUD requires that permission such as that provided by this resolution be in place at this time; and Now, Therefore, be it Resolved: That this Common Council hereby adopts the policy of reducing the parking requirement for this apartment building to 26 spaces; and Be it Further Resolved: That this resolution shall enure to the benefit only of the apartment building to be known as YWCA Apartments, HUD Project Number 014-EE084 which will be owned by the YW-WNY Housing Development Fund Company, Inc., a NY State not-for-profit corporation created and supervised by the YWCA of Western New York; and Be it Finally Resolved: That a certified copy of this approved resolution be sent to Susan Gaska, Executive Director of the YWCA of Western New York - 190 Franklin Street, Buffalo, New York, 14202. ADOPTED No. 178 By: Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Don Herbert By Councilmembers Lockwood and Brown ADOPTED No. 179 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Karen H. Dillon Norine D. Borkowski Total: 2 ADOPTED No. 180 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required-Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Kelly McCartney Total: 1 ADOPTED No. 181 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 Committee Tues, July 16, 1996, 9:30 A.M. Finance Committee Tues, July 16, 1996 - following Civil Legislation Committee Tues, July 16, 1996, 2:00 P.M. Community Dev. Comm. Wed, July 17, 1996, 10:00 A.M. Committee on Education Wed, July 17, 1996, 2:00 P.M. No. 182 Adjournment On a motion by Mrs. LoTempio, Seconded by Mrs. Gray, the Council adjourned at 3:15 P.M. CHARLES L. MICHAUX III CITY CLERK