The URL can be used to link to this page

Home My WebLink About98-1201 98-1201.txt No. 22 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 1, 199 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 Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members Page 1 98-1201.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 1, 1998 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Gray, Helfer, Kavanaugh, LoTempio, Manley, Pitts, Quintana, Williams and Zuchlewski - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on (INSERT DATE) were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 APPOINTMENT AND RE-APPOINTMENT OF MEMBERS TO THE BROADWAY MARKET BOARD OF DIRECTORS Page 2 98-1201.txt Please be advised that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC), I hereby appoint and re-appoint the following individuals to the Broadway Market Board of Directors: APPOINTMENT: Michael L. Cacciatore 1234 Bailey Avenue Buffalo, N.Y. 14206 Mr. Cacciatore is Superintendent of Maintenance for the Buffalo Urban Renewal Agency. Monitors Clean and Seal Program. Schedule maintenance and security for all BURA owned property Meet with community leaders and law enforcement agencies pertaining to problem areas in and around BURA properties. He has held various positions at Trico, such as Department Head, Supervisor of Shipping and Receiving, Supervisor of Sanitation and Stock Room. He is very active in community activities and board member on the Iron Island Preservation Board and Community Gardens Board. Michael Cacciatore is replacing Joseph Paladino, who has resigned. Mike's term will commence immediately and will expire December 31, 1999. REAPPOINTMENT Peter Cammarata 23 Hecla Place Buffalo, N. Y. 14215 Mr. Cammarata is being re-appointed to the Broadway Market Board of Directors for a term expiring December 31, 2000. I hereby certify that the above named individuals are fully qualified to serve as members of the Broadway Market Board of Directors. REFERRED TO THE COMMITTEE ON LEGIS1ATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTROLLER. NO. 2 APPOINTMENT OF MEMBERS TO THE HOME IMPROVEMENT ADVISORY BOARD Pursuant to the powers vested in me by Chapter 144-6 of the Buffalo Code, I hereby appoint the following individuals as members of the Home Improvement Advisory Board: Robert Krieger, Jr. 81 Rebecca Park Buffalo, 14207 Mr. Krieger has been employed by the City of Buffalo for over twenty-three years. Ten of those years have been through Civil Service as a Rehabilitation Construction Analyst with the Department of Community Development. Robert Krieger has over twenty years of experience working with Housing Codes and knowledge of Revitalization. Robert Krieger's term will commence immediately and expire January 2001. Kevin D. Klenk 293 Linwood Avenue Buffalo, 14209 Mr. Klenk is a City of Buffalo Building Inspector-Permit Department. He was previously employed by Lake Shore Management. He is currently a member of the Advisory Committee for Persons with Disabilities. Kevin Klenk's term will commence immediately and expire January 2001. I hereby certify that the above named individuals are fully qualified to serve as members of the Home Improvement Advisory Board. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTROLLER. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD Page 3 98-1201.txt NO. 3 CANISIUS COLLEGE 15 EASTWOOD AVE STUDENT HOUSING ITEM NO. 80, C.C.P. 11/17/98 The City Planning Board at its regular meeting held Tuesday, November 4, 1998, considered the matter captioned above pursuant to Section 511-68.1 and 51189 of the Buffalo Code, Hamlin Park Overlay Review District and Multifamily dwellings, row dwellings and dwelling groups respectively. The applicant seeks to convert a former rectory into 16 units of student housing located at 15 Eastwood Ave. Under SEQR the proposed student housing is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed student housing. RECEIVED AND FILED NO. 4 430 NIAGARA ST. ASSOC, 430 NIAGARA ST. MENTAL HEALTH FACILITY ITEM NO. 85, C.C.P. 11/17/98 The City Planning Board at its regular meeting held Tuesday, November 24, 1998, considered the matter captioned above pursuant to Section 511-136 and 51167 of the Buffalo Code, Use permit required for human service facilities and Niagara River Coastal Special Review District respectively. The applicant seeks convert former retail space in to a facility that provides Children's mental health services at 430 Niagara St. Under SEQR the proposed facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed use under the provisions of the Niagara River Coastal Special Review District and did not find an over saturation of this particular use with regard to the Use permit requirements for human service facilities. RECEIVED AND FILED NO. 5 CHILD AND FAMILY SERVICES 824 DELAWARE AVE. GROUND SIGN ITEM NO. 81, C.C.P. 11/17/98 The City Planning Board at its regular meeting held Tuesday, November 24, 1998, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground sign or pole sign permit. The applicant seeks erect a non-illuminated 8'x4'x6' Ground "ID" sign to be located at 824 Delaware Ave. Under SEQR the proposed ground sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 CHILD AND FAMILY SERVICES 844 DELAWARE AVE. Page 4 98-1201.txt GROUND SIGN ITEM NO. 82, C.C.P. 11/17/98 The City Planning Board at its regular meeting held Tuesday, November 24, 1998, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground sign or pole sign permit. The applicant seeks erect a non-illuminated 8'x4'x6' Ground "ID" sign to be located at 844 Delaware Ave. Under SEQR the proposed ground sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed ground sign. REFERRED TO THE COMMITTEE ON LEGISALTION FROM THE PRESERVATION BOARD NO. 7 PROPOSED HISTORIC DISTRICT DESIGNATION - HAMLIN PARK AT ITS REGULAR MEETING NOVEMBER 19, 1998, THE BUFFALO PRESERVATION BOARD, HAVING CONDUCTED A PUBLIC HEARING ON NOVEMBER 5, 1998 AS REQUIRED BY THE PRESERVATION STANDARDS OF THE BUFFALO CODE, RECOMMENDED THE DESIGNATION OF HAMLIN PARK AS A LOCAL HISTORIC DISTRICT. THIS RECOMMENDATION IS THE RESULT OF FINDINGS CONTAINED IN A REPORT PREPARED BY THE BOARD'S LANDMARK DESIGNATION COMMITTEE. A COPY OF THE COMMITTEE'S REPORT AND THE LANDMARK APPLICATION/PHOTOS ARE ENCLOSED FOR YOUR INFORMATION (REFER TO ATTACHMENTS 1 AND 2). The Buffalo Preservation Board determined that this district does meet the criteria specified in the Code for landmark designation: a)The neighborhood has significant value as part of the development and heritage of the City of Buffalo. b) The architectural styles prevalent in Hamlin Park reflect a national trend in housing at a particular point in time and thus are valuable for study of that period. Pursuant to Article III, Sections 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on this item and report back to the Common Council with a recommendation on its findings. A map of the proposed historic district, as well as the streets and range of addresses to be included within the district boundaries, are enclosed for your review (refer to Attachment 3). Hamlin Park is roughly triangular in shape, bordered by Jefferson Avenue from East Ferry Street to Main Street on the western edge, with a section of Main Street from Jefferson to Humboldt Parkway on the northwest, the curve of Humboldt Parkway extending from Main Street to East Ferry Street on the northeast, and East Ferry from Humboldt Parkway to Jefferson Avenue on the south border. For the record, the vote by the Buffalo Preservation Board on this item was as follows: Ayes:Guerra, Gurney, Kimberly, Laping, Lydon, Masters, McCartney Nayes: None Abstain: None Page 5 98-1201.txt Absent: None Motion to approve carried. The application was prepared by the Preservation Coalition of Erie County in conjunction with the Hamlin Park Community and Taxpayers Association, and Robert Traynham Coles Architect P.C. and submitted by: Hamlin Park Community and Taxpayers Association, Inc., 44 Pansy Place, Buffalo, New York 14208. If you have any questions, please contact Thomas W. Marchese, Board Secretary, at 851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 8 J. BREM - REQUEST LANDMARK DES. REVIEW - 923 WASHINGTON ST. ITEM NO. 68, C.C.P. 11/17/98 At their regular meetings of November 5, 1998 and November 19, 1998, the Buffalo Preservation Board, having conducted a public hearing on October 22, 1998, tabled action on the request to have 923 Washington Street (Beck Sisters Residence) designated a local historic landmark. Thus item was tabled at the last two(2) meetings of the Preservation Board because of a lack of a quorum to carry an action. Another vote will be taken at the December 3, 1998 Board meeting to determine if the Board recommends to the Common Council that 923 Washington Street be designated a local historic landmark. If you have any questions, please contact Thomas W. Marchese, Board Secretary, at extension 5029. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO ARTS COMMISSION NO. 9 CHANGE IN CONTRACT - RUSSELL-MARTI CONSERVATION SERVICES ITEM NO. 114, C.C.P., 11/9/98 In Item No. 114, C.C.P., November 9, 1998, the approving motion for the Change Order reflected only the decreases in the contract for Russell-Marti Conservation Services, but not the increases. It is respectfully requested that your Honorable Body issue a correcting approving motion, which will provide the accurate amount of the change order. Please authorize the Executive Director of the Buffalo Arts Commission to issue Change Order No. 1 to Russell-Marti Conservation Services, Inc., an increase in the amount of $24,760.00, as more fully described in Item No. 12, C.C.P., 10/20/98, for work relating to Art Conservation Services, Contract # 91921400. Funds for this project are available in Account 202-402-01 1, and must be transferred into Account # 201-402-003. Thank you for your attention to this matter. Mrs. LoTempio moved That the above communication from the Buffalo Arts Commission dated November 25, 1998, be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is authorized to correct his records by issuing a change order No. 1, to Russell-Marti Conservation Services, Inc., an increase in the amount of $24,760.00, as Page 6 98-1201.txt more fully described in Item No. 12, C.C.P., October 20, 1998, for work relating to Art Conservation Services, Contract #91921400. Funds for this project are available in Account #202-402-011, and must be transferred into Account #201-402-003. PASSED AYES-13, NOES-0 FROM THE BOARD OF ETHICS NO. 10 PROPOSED AMENDMENTS TO THE CITY CODE OF ETHICS Attached for consideration by this Honorable Body are proposed amendments to the Code of Ethics, enacting amendments to annual disclosure form for City employees and private citizen members of City boards and City Development Agencies and establishing an additional disclosure requirement. The Board of Ethics has reviewed the current form and the concerns raised by citizens, board members and the administration regarding the breadth of the disclosure required by that form, especially from unpaid citizen board members. After reviewing a model municipal disclosure form created by the former Temporary State Commission on Local Government Ethics (requiring fewer disclosures than the City's current form), the Board proposes that Your Honorable Body adopt the new form proposed in the amended 12-4 of the Code of Ethics. This new form reduces the breadth of disclosure, but would subject this reduced disclosure to full public scrutiny. The model disclosure form of the Temporary State Commission also included model ethics code provisions. One provision we believe worthy of adoption is a requirement that a person requesting action from the City or a City officer, official or employee that the person and the officer, official or employee approached may financially benefit to disclose the name of the person. We suggest adding this provision in 12-9 of the Code of Ethics, currently a reserved section from an earlier repealed provision. If enacted, the amended Code of Ethics would require three sets of disclosures--the annual disclosure, transactional disclosure (as transactions occur), and this applicant disclosure when an official is approached. In order to have timely implementation of the new forms by January 1999, we ask for your prompt attention to these amendments. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMPTROLLER NO. 11 CERTIFICATE OF NECESSITY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1998 for the ensuing fiscal year, by adding the following item: 200 Capital Projects Page 7 98-1201.txt 402 Division of Buildings Main - Tupper Police Precinct $2,500,000 Dated: Buffalo, NY, November 23, 1998 RECEIVED AND FILED NO. 12 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DEPARTMENT OF FIRE We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $8,000 be transferred and reappropriated within the Department of Fire, as set forth below: From: 21 -0 Department of Fire 011 - Fire Fighting Services 427 - Clothing $8,000 To: 21-0 Department of Fire 031 - Fire Headquarters & Station House Maintenance 114 - Overtime $8,000 Dated: Buffalo, NY, November 19, 1998 RECEIVED AND FILED NO. 13 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PUBLIC WORKS - BOND FUNDS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $3,100,000 be transferred and reappropriated within the Department of Public Works Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 203 Capital Projects Fund 402 - Division of Buildings 016- Shea's Stage Expansion Project $3,100,000 To: 292 Capital Projects Fund 402 - Division of Buildings 001 - Shea's Stage Expansion Project $3,100,000 Dated: Buffalo, NY November 15, 1998 RECEIVED AND FILED NO.14 DELINQUENT USER FEE BILLS DELINQUENT USER FEE BILLS BY COUNCIL DISTRICT Attached is a new list of delinquent user fee bills per request of the special committee on budget, which was held on Wednesday November 18, 1998. The list is alphabetical by address according to council district. REFERRED TO THE COMMITTEE ON BUDGET NO. 15 INTERFUND LOAN Page 8 98-1201.txt 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 four requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $300,000 Reconstruction of South District Buildings, $186,000 for Reconstruction of Fire Stations, $18,912 for Renovations Citywide Playground (Cazenovia Park Golf Green Reconstruction), $45,000 for Infrastructure Improvements Main-LaSalle (McCarthy Park Improvements). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 200 Capital General Projects 203-402-018 BAN/Bond Sale $ 300,000 100 200 Capital General Projects 203-402-019 BAN/Bond Sale 186,000 100 200 Capital General Projects 203-717-003 BAN/Bond Sale $18,912 100 200 Capital General Projects 203-717-004 BAN/Bond Sale 45,000 Mrs. LoTempio moved: That the above communication from the Comptroller dated November 24, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to make interfund cash loans from the General Fund to the City's Capital Projects Fund in the amount of $300,000, Reconstruction of South District Buildings, $186,000 for Reconstruction of Fire Stations, $18,912 for Renovations Citywide Playground (Cazenovia Park Golf Green Reconstruction), $45,000 for Infrastructure Improvements Main-LaSalle (McCarthy Park Improvements). The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES-13, NOES-0 NO.16 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND KENSINGTON BAILEY AREA PLANNING COMMITTEE, INC. FOR USE OF A PORTION OF THE EDWARD SAUNDERS UNITY BUILDING LOCATED AT 2777 BAILEY AVENUE ITEM NO. 231, C.C.P. 11/26/96 AND ITEM NO. 165, C.C.P. 2/4/97 Pursuant to Item No. 231, C.C.P. 11/26/96 and Item No. 165, C.C.P. 2/4/97 Your Honorable Body authorized to enter into a lease agreement between the City of Buffalo and the Kensington-Bailey Area Planning Committee, Inc. for use of a portion of the Edward Saunders Unity Building located at 2777 Bailey Avenue. The City also utilizes a section of said Page 9 98-1201.txt building for Precinct E of the Buffalo Police Department. This lease was for a two year period and expired on November 25, 1998. The Comptroller's Office, Division of Real Estate, has received a letter from Deborah J. Harris, Executive Director of the Kensington Bailey Area Planning Committee, Inc. requesting to renew this lease agreement under the same terms and conditions as the previous lease with the exception of the garbage user fee. The Kensington Bailey Area Planning Committee, Inc. has agreed to amend the current lease whereby they would be responsible for the cost of the garbage user fee, if it is required. This office recommends that Your Honorable Body renew their present lease agreement for an additional two year period to commence on November 26, 1998 and expire November 25, 2000. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated November 23, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to renew a lease between the City and the Kensington Bailey Area Planning Committee, Inc., for use of a portion of the Edward Saunders Unity Building located at 2777 Bailey Avenue for a two (2) year term commencing on November 26, 1998 and expiring November 25, 2000. The Kensington Bailey Area Planning Committee, Inc. has agreed to amend the current lease whereby they would be responsible for the cost of the garbage user fee, if required. That the Corporation Counsel be authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED. AYES-13, NOES-0 NO. 17 RENEGOTIATE SALE PRICE OF 2930 & 2950 BAILEY ITEM NO. 14, C.C.P. 4/14/98 AND ITEM NO. 133, C.C.P. 4/28/98 The above captioned properties were auctioned on April 2, 1998 by Cash Realty and Auction on behalf of the City of Buffalo. The highest bidder was Rosanne Lettieri of Dreamco Development in the amount of EightyTwo Thousand Dollars ($82,000). The prospective purchaser is subject to a 10% buyer's premium added to the cost of the purchase price to cover the cost of the auctioneer's expenses. This sale was approved by Your Honorable Body pursuant to Item #133, C.C.P. 4/28/98. The prospective purchaser has brought to City's attention that in the contract of sale it stated that the City would lease back 7,770 sq. ft. that is currently being used as a fire station. The lease amount as stated in said contract would be $4.00 per sq. ft. and cost of living adjustments will begin at the end of the second year and will be adjusted annually thereafter throughout the initial term and options periods. The prospective purchaser based her bid on the above figures and subsequently found out that the actual square footage to be leased by the City Of Buffalo is 2,770 sq. ft. less. The Fire Department currently utilizes 5,000 sq. ft. not & 7,770 sq. ft. After discussions with our Law Department, Page 10 98-1201.txt the prospective purchaser's attorney, Brad Randaccio, and the City's Real Estate Office, it was mutually agreed upon that the purchase price should be reduced to Sixty-Six Thousand Dollars ($66,000). The purchase price would still be subject to the 10% buyer's premium due to auctioneer of Six Thousand Six Hundred Dollars ($6,600) to cover the cost of the auctioneer's expenses. All other terms and conditions of this sale shall remain the same. I am recommending that Your Honorable Body approve the abandonment and sale of 2930 & 2950 Bailey Avenue in the amount of Sixty-Six Thousand Dollars ($66,000), authorize the Corporation Counsel's Office to 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 AND CORPORATION COUNSEL. FROM THE PRESIDENT OF THE COUNCIL NO. 18 APPOINTMENTS TO THE COMMON COUNCIL SPECIAL COMMITTEE ON A. PHILIP RANDOLPH I hereby appoint the following individuals to the Common Council Special Committee on A. Philip Randolph: 1) Dr. John Staley, Co-Chairman Public Service & Urban Affairs Cora P. Maloney College Fargo 112, Building# 2 Ellicott Complex, Buffalo, NY 14261 2) David A. Collins, Co-Chairman 56 North Parade Buffalo, New York 14211 3) James W. Pitts, Council President 1315 City Hall, Buffalo, NY 14202 4) Beverly Gray, Council Member At Large 1316--C City Hall, Buffalo, NY 14202 5) Barbara Miller-Williams Ellicott District Councilmember 1408 City Hall, Buffalo, NY 14202 6) George K Arthur 154 Roebling Avenue 7) James Harris, Ph.D.,Bd of Ed Superintendent 712 City Hall, Buffalo NY 14208 8) Robert Massey, AFSCME International 360 Delaware Avenue Buffalo, NY 14202 9) Marcella Fugle 123 Union Street Hamburg, NY 14075 10) Jerry Prince 73 Forest Hill Road Williamsville, NY 14221 11) Marie Prince 73 Forest Hill Road Page 11 98-1201.txt Williamsville, NY 14221 12) Martha Thomas 28 Thatcher Avenue Buffalo NY 14215 13) Ms. Marion Hall 43 Roebling Avenue Buffalo, NY 14215 14) Ms. Willie Thornton 15 Andover Avenue Buffalo, NY 14215 15) Harrison Billups 234 Blaine Avenue Buffalo, NY 14208 16) Max Berman 44 Pansy Place Buffalo, NY 14208 17) Bea Berman 44 Pansy Place Buffalo, NY 14208 NO. 19 COMPLAINTS FILED WITH STATE OF NEW YORK DEPARTMENT OF INSURANCE AND STATE OF NEW YORK DEPARTMENT OF HEALTH Attached are copies of complaints filed by the City of Buffalo Common Council with the State of New York Department of Insurance and the State of New York Department of Health regarding changes to group insurance plans covered by collective bargaining agreements. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT NO. 20 CERTIORARI PROCEEDINGS 571 ELMWOOD AVENUE 1998-99 PROCEEDING THIS IS TO ADVISE THAT THE OWNER, FRANKLIN- NIAGARA CAPITAL CORPORATION, INSTITUTED CERTIORARI PROCEEDINGS ON 571 ELMWOOD AVENUE, BUFFALO, NEW YORK, REGARDING THE ASSESSMENTS FOR FISCAL YEAR 1998-99. THE ASSESSMENTS WERE REVIEWED BY THE DEPARTMENT AND THE OWNER EXPRESSED A WILLINGNESS TO SETTLE THE PROCEEDING. The final assessment for fiscal year 1998-99 was $105,000. The owner is agreeable to a settlement which would result in a reduction to $85,000 for 1998-99 on 571 Elmwood Avenue. The taxpayer would be entitled to a refund of $789.00 for the 1998-99 year. The 1998-99 city taxes would be reduced from $4,142.26 to $3,353.26. In addition, the taxpayer has agreed to discontinue the 1997-98 proceeding. As the 1997-98 and 1998-99 taxes are unpaid, the refund would be applied to outstanding taxes. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Page 12 98-1201.txt Department of Law concurs. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 1998-99 certiorari proceeding on 571 Elmwood Avenue by reducing the assessment from $105,000 to $85,000. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 CERTIORARI PROCEEDINGS 381 LINWOOD AVENUE 1998-99 PROCEEDING This is to advise that the owner, John A. Santor, instituted certiorari proceedings on 381 Linwood Avenue, Buffalo, New York, regarding the assessments for fiscal year 1998-99. The assessments were reviewed by the Department and the owner expressed a willingness to settle the proceeding. The final assessment for fiscal year 1998-99 was $193,900. The owner is agreeable to a settlement which would result in a reduction to $175,000 on 381 Linwood. The taxpayer would be entitled to a refund of $745.58 for the 1998-99 year. The 1998-99 city taxes would be reduced from $7,649.36 to $6,903.78. The property is for sale for $159,000. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 1998-99 certiorari proceeding on 381 Linwood Avenue by reducing the assessment from $193,900 to $175,000. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 CERTIORARI PROCEEDINGS 12 TREMONT 1998-99 PROCEEDING This is to advise that the owner, John A. Santor, instituted certiorari proceedings on 12 Tremont, Buffalo, New York, regarding the assessments for fiscal year 1998-99. The assessments were reviewed by the Department and the owner expressed a willingness to settle the proceeding. The final assessment for fiscal year 1998-99 was $56,000. The owner is agreeable to a settlement which would result in a reduction to $33,000 on 12 Tremont. The taxpayer would be entitled to a refund of $420.74 for the 1998-99 year. The 1998-99 city taxes would be reduced from $1,024.40 to $603.66. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 1998-99 certiorari proceeding on 12 Tremont by reducing the assessment from $56,000 to $ 33,000. REFERRED To THE COMMITTEE ON FINANCE Page 13 98-1201.txt NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective November 23.1998 in the Department of Assessment, to the Position of Account Clerk, Provisional, at the maximum starting salary of $25,495 Mark K. Catanzaro, 104 Alsace Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 24 NOTIFICATION SERIAL # 9098 REPEAL NO LEFT TURN ON PARKSIDE AVENUE, NORTHBOUND AT JEWETT PARKWAY/JEWETT AVENUE REGULATION OF TURNS - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following:REGULATION OF TURNS STREET AT INTER. HOURS DIR. PROHIBITION Parkside Ave. Jewett Pkwy./ 3:00 P.M. to northbound No Left Turn Jewett Avenue 6:00 P.M. This action is being taken in order to facilitate the installation of a Left Turn Arrow at this location. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 25 ACCEPTANCE OF REQUIRED IMPROVEMENTS BY THE CITY COMPLETION OF LAKEFRONT BLVD. GROUP #431 CONTRACT #91926900 ITEM NO. 16- C.C.P. 1/09/96 I hereby advise Your Honorable Body that the City Engineer has certified that the construction of Lakefront Blvd. has been completed and was built in conformance with the requirements of all applicable Ordinances of the City of Buffalo, and as required by Section 181 of the City Charter. In accordance with Section 421-31 of the City Ordinances I recommend that Your Honorable Body formally accept the improvements to Lakefront Blvd. and accept the street and rights-of-ways as City properties. Mrs. LoTempio moved: That the improvements to Lakefront Boulevard, done pursuant to Contract #91926900, Group #431 be and hereby are accepted as a Ctiy Street and City rights of way. PASSED. Page 14 98-1201.txt AYES-13. NOES-0. NO. 26 REPORT OF BIDS MAIN-TUPPER POLICE FACILITY I advertised for on October 2, 1997 and received the following sealed formal proposals for the General Construction and Plumbing, which were publicly opened and read on November 7, 1997; HVAC publicly opened and read on November 12, 1997. General Construction C. Nichter Construction $2,757,140 Kenaidan Construction $2,807,000 Paragon Northeast $2,840,000 Summit Construction $3,047,000 Hadala Construction $3,095,000 Siccoli & Massaro $3,109,000 Picone Construction $3,500,000 Plumbing MKS Plumbing $ 225,426 Elmwood Plumbing $228,600 J D Plumbing $239,934 S & S Mechanical $311,128 HVAC Buffalo Sheet Metal $218,350 John W. Danforth, Inc. $226,000 Joseph Davis, Inc. $244,200 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications: General Construction: C. Nichter in the amount of $2,757,140. Plumbing Work: MKS Plumbing in the amount of $225,426. HVAC Work: Buffalo Sheet Metal in the amount of $218,350. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work will be available in CPF 202-402-004 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 16, 1998, be received and filed and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Main-Tupper Police Facility, to the lowest responsible bidders, for General Construction to C. Nichter, in the amount of $2,757,140; for Plumbing Work to MKS Plumbing in the amount of $225,426; for HVAC Work to Buffalo Sheet Metal in the amount of $218,350. Funds for the project are available in CPF 202- 402-004 - Division of Buildings. PASSED. AYES-BROWN, COPPOLA, FONTANA, GRAY, KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI-10. NOES-FRANCZYK, HELFER, PITTS-3. NO. 27 REPORT OF' BIDS MARINE MIDLAND ARENA PHASE III - GROUP NO. 377 Page 15 98-1201.txt SOUTH PARK AVENUE, MICHIGAN AVENUE AND WASHINGTON ST. ITEM NO. 43; C.C.P. 6/25/96 This is to advise Your Honorable Body that I have advertised and received bids on Oct. 28, 1998 for the Marine Midland Arena, Phase III, Group 377. In obtaining bids for the above project, I have asked for bids oil a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of-materials entering into the work and may be either more or less that the total bid. The following bids were received: Contractor Total Bid Price 1. C. Destro Develop. Co., Inc. $1,526,243.25 2. Destro & Brothers Concrete Co. Inc. $1,799,582.50 3. Dillizio construction Company Inc. $1,810,220.30 4. Depew Development Inc. $2,096,804.25 5. Sealand Contractors Corporation $2,527,189.25 I hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc. and I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund No. 200-40I-556, in the base bid of $ 1,526,243.25 plus approved unit prices for all additional $152,616.75 for a total of $1,678,860.00. The engineer's estimate for this work is $1,913,950. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by Dec. 14, 1998. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 23, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Marine Midland Arena, Phase 111, Group 377, to C. Destro Development Co., Inc., the lowest responsible bidder, in the base bid of $1,526,243.25 plus approved unit prices for an additional $152,616.75 for a total of $1,678,860.00. Funds for the project are available in Capital Projects Fund No. 200-401-556. PASSED. AYES-13. NOES-0. NO. 28 REPORT OF BIDS PETROLEUM BULK STORAGE COMPLIANCE UPGRADE, PHASE 1 PARKS GARAGE, FIRE DEPT. FACILITIES I advertised for on November 10, 1998 and received the following sealed formal proposals for Petroleum Bulk Storage Compliance Upgrade, Phase 1, Parks Garage, Fire Department Facilities, Contract Nos. 43G & 43E, which were publicly opened and read on November 24, 1998. Tank Work Base Bid Alt. A Alt. B Alt. C Kimmins Construction $37,100 $4,000 $3,000 $11,000 Elmwood Tank & Pip. $42,077 $7,909 $7,230 $22,080 Page 16 98-1201.txt Alternate A is for Permanent Tank Closure at Fire Department Service Station. Alternate B is for Permanent Tank Closure at Ladder 11. Alternate C is to remove contaminated soil at Engine No. 23. Electrical Work Kimmins Construction $ 8,500 Elmwood Tank & Piping $10,146 Tunney Electric $16,940 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications: General: Kimmins Construction, with a Base Bid of $37,100, add Alternate A for $4,000, add Alternate B for $3,000, add Alternate C for $11,000, for a total amount of $55,100. Electric: Kimmins Construction for a total amount of $8,500. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are available in CPF 203-402-014 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 24, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Petroleum Bulk Storage Compliance, Upgrade, Phase 1, Parks Garage, Fire Department Facilities, Contract Nos. 43G & 43E, to the lowest responsible bidders, for General Construction to Kimmins Construction, with a base bid of $3 7, 1 00, add Alternate A for $4,000, add Alternate B for $3,000, add Alternate C for $11,000, for a total amount of$55,100;forElectrical Work to Kimmins Construction in the amount of $8,500. Funds for the project are available in CPF 203-402-014 - Division of Buildings. PASSED. AYES-13. NOES-0. NO. 29 CHANGE IN CONTRACT CITY COURT EXTERIOR RECONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the City Court Exterior Reconstruction, General Construction, Almeter-Barry Construction Management, Inc., C #91949800. 1.Cut open 664 lineal feet of precast to precast joints in the south and west elevations. Add $ 5,777.00 Repair cracks and broken areas at corners on the splayed panel faces. Add $ 6,655.00 The foregoing change results in a net increase in the contract of Twelve Thousand Four Hundred Thirty Two and 00/1 00 Dollars ($12,432.00). Summary: Original Amount of Contract $224,045.00 Change Order #1 (CCP 9/8/98, item #66) Add $ 36,150.00 Change Order #2 (CCP 9/8/98, item #65) Page 17 98-1201.txt Add $ 78,828.00 Amount of This Change (No. 3) Add $ 12,432.00 Revised Amount of Contract $351,455.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 200-402-014 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 23, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Almeter-Barry Construction Management, Inc., an increase in the amount of $12,432.00, as more fully described in the above communication, for work relating to City Court Exterior Reconstruction, General Construction, C #91949800. Funds for this project are available in 200-402-014 Division of Buildings. PASSED AYES-13. NOES-0. NO. 30 CHANGE IN CONTRACT RECONSTRUCTION OF POLONIA HALL ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Reconstruction of Polonia Hall, Electrical Work, Electrical Services & Systems Installation, Inc., C #91977500. 1.Install a new interior grounding device for the new 120/208 volt Wye electric service. Add $ 1,272.00 The foregoing change results in a net increase in the contract of One Thousand Two Hundred Seventy Two and 00/1 00 Dollars ($1,272.00). Summary: Original Amount of Contract $ 32,500.00 Amount of This Change (No. 1) Add $ 1,272.00 Revised Amount of Contract $ 33,772.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 203- 402-501 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 23, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Electrical Services & Systems Installation, Inc., an increase in the amount of $1,272.00, as more fully described in the above communication, for work relating to Reconstruction of Page 18 98-1201.txt Polonia Hall, C #91977500. Funds for this project are available in 203-402-501 Division of Buildings. PASSED AYES-13. NOES-0. NO. 31 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 119: ELECTRICAL I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Electrical, Contract 119, Frey Electric Construction Co., Inc., C #91938700. 1 .Upgrade the existing house fire alarm system to make the house system compatible with the new stagehouse system at the direction of the Bureau of Fire Prevention. Add $ 80,000.00 2.Omit removal of stage dimming and show switches along with associated conduit and abandon in place. Deduct $232.00 3.Install electrical work for new door operator at the stage coiling door. Add $1,908.00 4.Replace the existing fire alarm system Gamewell box with a new unit compatible with the new fire alarm system at the direction of the Bureau of Fire Prevention. Add $2,8975.00 5. Install bolted pressure switches in lieu of SPB devices for switchboards 1 and 2. Add $ 10,229.00 The foregoing change results in a net increase in the contract of Seventy Four Thousand Three Hundred Twenty Two and 00/100 Dollars ($74,322.00). Summary: Original Amount of Contract $1,947,700.00 Net Change by Previous Orders Deduct $59,188.00 Contract Sum Prior to this Change Order $1,888,512.00 Amount of This Change Order (#4) Add $74,322.00 New Contract Sum to Date $1,962,834.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 292-402-001 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Frey Electric Construction Co., Inc., an increase in the amount of $74,322.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 119, C #91938700. Funds for this project are available in CPF 292- 402-001 - Division of Buildings. PASSED AYES-13. NOES-0. Page 19 98-1201.txt NO. 32 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 103: GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, General Construction, Contract 103, C. H. Byron Co., Inc., C #91938800. 1.Furnish and install operator for the coiling door at the stage. Add $ 1,502.00 2.Furnish and install additional slab reinforcing at the exterior of the 2nd floor dressing room addition. Add $494.00 The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Ninety Six and 00/100 Dollars ($1,996.00). Summary: Original Amount of Contract $2,378,000.00 Net Change by Previous Orders Deduct $ 178,610.00 Contract Sum Prior to this Change Order $2,199,390.00 Amount of This Change Order (#2) Add $1,996.00 New Contract Sum to Date $2,201,386.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 292-402-001 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to C. H. Byron Co., Inc., an increase in the amount of $1,996.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 103, C #91938800. Funds for this project are available in CPF 292-402-001 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 33 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 104: MASONRY I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Masonry, Contract 104, Alpha Masonry Construction Co., Inc., C #91940400. 1. Modify loading dock area as directed by Project Architect. Add $ 3,385.00 2. Install additional grout fill at various columns. Add $ 1,822.00 Page 20 98-1201.txt 3.Install wall reinforcing steel and grout fill at the exterior of the 2nd floor dressing room addition. Add $ 1,872.00 4. Install additional grouting below the mechanical penthouse. Add $ 1,450.00 The foregoing change results in a net increase in the contract of Eight Thousand Five Hundred Twenty Nine and 00/100 Dollars ($8,529.00). Summary: Original Amount of Contract $2,336,330.00 Net Change by Previous Orders Add $6,405.00 Contract Sum Prior to this Change Order $2,342,735.00 Amount of This Change Order (#2) Add $8,529.00 New Contract Sum to Date $2,351,264.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 292-402-001 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 20, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Alpha Masonry Construction Co., Inc., an increase in the amount of $8,529.00, as more Uly described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 104, C #91940400. Funds for this project are available in CPF 292- 402-001 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 34 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 106: MISCELLANEOUS METALS I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, Alp Steel Corp., C #91942100. 1.Omit PVC coating from the stainless steel cable handrails. Deduct $ 225.00 The foregoing change results in a net decrease in the contract of Two Hundred Twenty Five and 00/100 Dollars ($225.00). Summary: Original Amount of Contract $ 369,700.00 Net Change by Previous Orders Deduct $10,150.00 Contract Sum Prior to this Change Order $359,550.00 Amount of This Change Order Deduct $225.00 New Contract Sum to Date $359,325.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this Page 21 98-1201.txt work are available in CPF 292-402-001 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order, to Alp Steel Corp., a decrease in the amount of $225.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 106, Miscellaneous Metals, C #91942100. Funds for this project are to be credited to CPF 292-402-001 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 35 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 116 PLUMBING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Plumbing, Contract 116, A. Gareleck & Sons, Inc., C #91941500. 1 .Perform dye test on drains in Precinct #3, Alleyway Theater, George & Co., and the Shea's to determine if this was the source of water entering site. Add $873.00 2.Install additional underslab drainage below basement floor to alleviate pressure from existing ground water. Add $ 2,242.00 3. Core drill in the northeast corner of the existing building to determine depth of ground water prior to design of new footing in this area. Add $370.00 4. Replace a section of corroded drain piping in the existing basement electrical room. Add $ 2,550.00 5.Install a new test tee and touch pad/encoder to the water meter. Add $677.00 6.Install additional valve and special tapping sleeve in the water main due to an existing duct bank found in Pearl Street. Add $ 1,166.00 The foregoing change results in a net increase in the contract of Seven Thousand Eight Hundred Seventy Eight and 00/100 Dollars ($7,878.00). Summary: Original Amount of Contract $357,000.00 Net Change by Previous Orders Add $1,440.00 Contract Sum Prior to this Change Order $358,440.00 Amount of This Change Order (#3) Add $7,878.00 New Contract Sum to Date $366,318.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Page 22 98-1201.txt Works and found to be fair and equitable. Funds for this work are available in CPF 292-402-001 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 20, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to A. Gareleck & Sons, Inc., an increase in the amount of $7,878.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 1 16, C #91941500. Funds for this project are available in CPF 292- 402-001 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 36 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 105 STRUCTURAL STEEL I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Structural Steel, Contract 105, Alp Steel Corp., C #91942200. 1.Add continuous bars for the corner guards at the new overhead door by the loading dock. Add $ 804.00 2.Modify column A2 to reinforce. Add $6,524.00 3. Add steel bracing on the east and west walls of the stagehouse addition. Add $2,514.00 4. Modify steel at top of elevator shaft. Add $1,768.00 The foregoing change results in a net increase in the contract of Eleven Thousand Six Hundred Ten and 00/1 00 Dollars ($11,61 0.00). Summary: Original Amount of Contract $1,307,000.00 Net Change by Previous Orders Deduct $41,040.00 Contract Sum Prior to this Change Order $1,265,960.00 Amount of This Change Order (#2) Add $11,610.00 New Contract Sum to Date $1,277,570.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 292-402-001 - Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated November 17, 1998, be received and filed; and That the Commissioner of Public Works be, and Page 23 98-1201.txt he hereby is authorized to issue change order No. 2, to Alp Steel Corp., an increase in the amount of $11,610.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 105, Structural Steel, C #91942200. Funds for this project are available in CH 292-402-001 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 37 APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS Mr. Robert Thompson, Caulker (Permanent) in the Division of Water has been on disability since 5/11/98 to the present. Effective 10/16/98 Mr. Thompson's payment from the Compensation Carrier has been decreased. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Thompson is entitled to a difference in pay. The normal salary for 10 days is $11 10. 65 (based on the daily rate of $111. 065) . Less deductions for Federal Tax $164.80, State Tax - $42.44, FICA/Med. - $84.96 and New York State Retirement Contribution $33.32 for a total deductions of $325.52. The payment from the Compensation Carrier is now $422.80 bi-weekly making the difference due the employee of $362.33. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 21, 1998 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Robert Thompson, Caulker in the Division of Water in the amount of $362.33 for difference in pay allowance under the provisions of the Workers' Compensation Law from 5/11/98 to the present for a period not to exceed six months. PASSED AYES-13. NOES-0. NO. 38 DIFF IN SALARY-CORRECTION MICHAEL ZERA SS# 051-44-6336 CORRECTED COPY C.C.P. #44, 10/6/98 Please be advised that upon review by the Division of Payroll and Audit of the Comptrollers office, the amount indicated as owed to Mr. Michael Zera as back pay ($10,231.30), in C.C.P. #44 of October 6, 1998 is revised and corrected to the following: Difference in salary between 7/1/97 and 6/30/98 between step 1 and step 3: $171.693 daily (159.229) $12.464 x 261 days $3,253. 11 Due Employee Difference in salary between 7/1/98 and 11/1/98 between Page 24 98-1201.txt step 3 and step 5: $184.183 daily (159.229) $24.954 x 88 days $2,195.96 Due Employee Total due employee: $3,253.11 + $2,195.96 = $5,449.07 Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 18, 1998 be received and filed; and That the Commissioner of Public Works and the Comptroller be, and they hereby are authorized to correct their records and to pay Michael Zera the amount of $5,449.07 for difference in pay allowance under the provisions of the Workers' Compensation Law, as previously reported in Item No. 44, C.C.P., October 6, 1998. PASSED AYES-13, NOES-0 NO. 39 DEMOLITION OF CITY-OWNED STRUCTURES The Special Committee on Budget has requested that I file the following information regarding the demolition of various City-Owned structures by in-house crews of the Department of Public Works. 1. Since the beginning of the current fiscal year, we have demolished 15 houses. Following is a list of those properties: 144 Adams, 489 Sherman, 96 Howard, 474 Sweet, 138 Mohican, 23 Box, 440 Sycamore, 225 Grey, 17 Zenner, 282 Madison, 140 Detroit, 394 Sycamore, 249 Straus, 135 Shumway, 547 Sherman. 2. We expect to demolish two (2) houses per week once we have a full labor force and our equipment is delivered. 3. We currently have on staff one (1) Director, one (1) Heavy Equipment Operator, and two (2) Laborers. We are in the process of hiring a second Heavy Equipment Operator. 4. We are currently leasing an excavator and we borrow a high lift from the Streets Department. The Department of Public Works is providing a low boy and tractor trailer for transportation of equipment. We have also purchased a bobcat and are awaiting delivery of a crew cab. We have received bids for the purchase of our own excavator and high lift. Delivery dates have not been set for this equipment. 5. We are disposing of demolition debris under the City's current contract with Modern Disposal. Modern has already provided free of charge twenty (20) trailers for this purpose. We are now paying Modern $150 for the trailer and transfer. Over the winter months I expect to issue a Request for Bids to determine if we can reduce the transportation and disposal costs. REFERRED TO THE COMMITTEE ON BUDGET NO. 40 DONATION OF LOCKERS ITEM NO. 161, C.C.P. 11/17/98 Regarding the referenced item, the Council has asked this Page 25 98-1201.txt department to look at the lockers located in War Memorial Auditorium to determine if they are needed or if they have any value to the City. At this time, I am unable to determine the exact number of lockers in the facility because the power is off to certain sections of the building. The lockers we have seen, however, have no value to us and are in deteriorated condition and should be considered as surplus. Unless there is some objection from the Corporation Counsel, I have no problem with donating these lockers to St. Bernard's School as requested in the Council Item. I suggest that the lockers be transported to the school at their sole expense. RECEIVED AND FILED NO. 41 GASOLINE STORAGE TANKS & PRICES ITEM NO. 162, CCP 11/17/98 The above referenced resolution has been referred to this Department for review and comments and/or recommendations. Please be advised that this Department does not purchase gasoline. This is the responsibility of the Division of Inventory & Stores. This Department is addressing the underground fuel storage tanks in a two (2) phase approach. Phase I will remove the 1500 gallon gasoline tanks at the Fire Department Service Station and at Ladder 11. It will also remove a 550 gallon waste oil tank at the Parks Garage. The 4,000 gallon diesel and gasoline tanks at the Parks Garage will be upgraded to bring them into full compliance. The final piece of Phase I work will be to clean up contaminated soil at Engine 23 where a tank was removed a few years ago. The Phase I work is being funded through the 1998-99 Capital Budget. Bids for this work are to be received on November 24, 1998 and, if acceptable to this Department, will be reported to the Council. Phase 11 work has begun with an evaluation of all other City owned underground fuel storage tanks and preparing a cost estimate for compliance. When completed, this evaluation will be used to recommend a Capital Budget Amendment to achieve funding for full City wide compliance. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 PERMISSION TO ACCEPT FUNDS FOR PEDESTRIAN SAFETY/TRAFFIC SIGNAL IMPROVEMENTS - MAIN STREET AT KENMORE AVENUE Permission is being requested from your Honorable Body to accept funds from the agencies listed below for the improvement of pedestrian and vehicle safety at the Main Street-Kenmore Avenue intersection. A summary of funding being provided by agency is as follows: Benderson Development Company $21,000 University of Buffalo $ 5,000 Walgreen's $ 5,000 Town of Amherst $ 4,400 An additional $6,500 will be needed from this department, based on current construction estimate of $41,500.00. Our financial commitment may vary depending upon receipt of bids. 1. I therefore, request permission from your Honorable Body to allow this department to accept funds as outlined above for this project. Permission is also requested at this time for this Department to hire a consultant to design, bid Page 26 98-1201.txt and construct this project. Mrs. LoTemplo moved: That the above communication from the Commissioner of Public Works dated November 25, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to accept the funds as outlined above for Pedestrian Safety/Traffic Signal Improvements - Main Street at Kenmore Avenue and he is also authorized to hire a consultant to design bid and construct this project. PASSED AYES-13, NOES-0 NO. 43 PERMISSION TO HIRE CONSULTANT ASBESTOS REMOVAL/DEMOLITION OF DELAVAN AVENUE ARMORY 1015 W. DELAVAN AVENUE, BUFFALO, NY Permission is requested from your Honorable Body to hire an engineering consultant for design, air monitoring, inspection and construction administration related to asbestos removal and demolition of the Delavan Avenue Armory located at 1015 W. Delavan Avenue, Buffalo, NY. These costs are not expected to exceed $85,000.00 and funds are available in the Capital Project Planning Account #200-061-001 and a 1998-99 Capital Budget line in the amount of $450,000.00 which is scheduled for sale in the Spring of 1999. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 25, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire an engineering consultant for design, air monitoring, inspection and construction administration related to asbestos removal and demolition of the Delavan Avenue Armory located at 1015 W. Delavan Avenue in an amount not to exceed $85,000.00. Funds for this project are available in the Capital Project Planning Account #200-061- 001 and a 1998-99 Capital Budget line in the amount of $450,000.00 which is scheduled for sale in the Spring of 1999. PASSED. AYES-13, NOES-0 NO. 44 REQUEST TO USE JOHNNIE B. WILEY STADIUM Enclosed is a request from Interim Productions asking to use Johnnie B. Wiley Stadium (War Memorial Stadium) for a segment of the television show, "The Big Moment". If Your Honorable Body concurs, I have no objection to allowing this provided the Corporation Counsel determines the proper amount of insurance to require for this event. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 20, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to allow Interim Productions to use Johnnie B. Wiley Stadium (War Memorial Stadium) for a segment of the television show, "The Big Moment" with the terms and conditions as determined by the Commissioner and the Page 27 98-1201.txt Corporation Counsel. PASSED AYES-13, NOES-0 FROM THE COMMISSIONER OF POLICE NO. 45 CERTIFICATE OF APPOINTMENT Appointment Effective: November 9,1998 in the Department of: Police to the Position of: Senior Cellblock Attendant Provisional Appointment at the: Intermediate Starting Salary of: $ 26,708 Dwight Daniels 86 Zelmer Street Buffalo, New York 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 46 LEASE AGREEMENT FOR DELAWARE PARK CASINO LEGAL OPINION NO. 98-39 The City's lease with Parker Bay Consultants, Inc. provides the limitations with regard to any assignment. The lease dated February 26, 1991 is scheduled to expire on February 26, 2006. It provides "It is expressly understood ... the operator shall have the right to assign or sublease any portion of the leased the premises with the prior written consent of the City, which consent shall not be unreasonably withheld. " Under the lease, if Parker Bay has failed to give the City prior written notice, the City should send notice to Parker Bay that we consider them to be in default of the lease, and give them ten days to cure. If they fail to cure by giving us the opportunity to approve or reject the assignment of lease, then we may terminate the lease under those circumstances. It is important to note that we may not arbitrarily refuse the assignment. The courts have limited the landlords' right to refuse the assignment to certain objective factors, such as financial responsibility of subtenant, sub-tenant suitability for particular building, legality of proposed use, and nature of occupancy. (See Cavanagh v. 133-22nd Street Jackson Heights, Inc., 666 NY S. 2d 702 and FHR Auto Sales, Inc. v. Scutti, 144 A.D.2d 956 (4th Dept. 1988)). Parker Bay cannot assign anything more than they own, so that any new tenant is still bound by the terms of the existent lease Additionally, if the new tenant fails to meet its obligations under the lease, Parker Bay is also responsible. With regard to your third general question about whether the lease is transferable, the answer is yes, under the assignability clause, provided the City is given prior written notice. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 47 CHANGE IN CONTRACT 91937600 SCAJAQUADA PATH PHASE II During the construction of the above project certain items that were unforeseen at the time the bids were let, required attention. Therefore, we recommend that the following Page 28 98-1201.txt changes be made to Contract 91937600 with Paul J. Gallo Contracting, Inc.: 1. Proposal Request #2 - Pathway Realignment at West Avenue per Revision #3, L-5 and Revision #3, L-6 Total = $19,634.85(Deduct) 2. Proposal Request - 61 Chainlink fence at Tops from tee- to-green. Total = $ 6,480.00 (Add) 3. Proposal Request #3 - Pathway closing signs with fencing (2). Total = $ 943.00 (Add) 4. Install (9) shrubs at location on Niagara Street, per sketch Dated 11/3/98, with facsimile cover letter. Total = $ 720.00 (Add) Total Deduct $11,491.85 Contract Summary: Original Contract Amount $1,049,000.00 Change Order No. 1 (This Decrease) 11,491.85 New Contract Amount 1,037,508.15 These costs have been reviewed by Wendel, project engineering consultant, and Community Development staff. These funds can be returned to C.P.A. 200-717532. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Paul J. Gallo Contracting, Inc. as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated November 25, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Paul J. Gallo Contracting , Inc., a decrease in the amount of $11,491.85, as more fully described in the above communication, for work relating to Scajaquada Path Phase II, Contract 91937600. Funds for this project are to be credited to C.P.A. 200-717-532. PASSED AYES-13, NOES-0 NO. 48 HOME FUNDS - $642,690 HOME CHDO FUNDS - $125,000 The Austin Manor apartment complex, located at 437 Tonawanda Street will consist of 20 one-bedroom and 4 two- bedroom units of safe, decent, affordable rental housing primarily for extremely low and very low-income blind and visually impaired tenants. This project will take a long vacant lot and transform it into a visually appealing comer in this neighborhood. The building will not only enhance the streetscape along Tonawanda Street, but as the Blind Association of Western New York's previous development at 840 Tonawanda, but the residents and workers will contribute towards the economic viability of the neighborhood merchants. The close proximity of a large variety of goods and services is one of the primary reasons this site was selected for the project. The site is close to a small strip plaza, which contains a bank and grocery store. Tonawanda Street is on a NFTA bus line. Off street parking will be offered on site, in addition to available parking in a lot adjacent to the site through an agreement with the present owner. There is a great market for housing developments in the Western New York market area that focus on the challenging Page 29 98-1201.txt needs of blind and visually impaired persons. A market study indicates there is a "tenant to available unit" ratio of 5.5 to 1. The waiting list at Gratwick Manor (840 Tonawanda) is presently thirty-three (33) income eligible. physically challenged individuals. The site is free of hazardous materials and incompatible adjacent uses. The Phase I Environmental study did not identify and environmental conditions that would impair the use of the site for residential purposes. FUNDING SOURCES $1,646,964 LIHC investor proceeds (KLIHTC, Corp.) 860,982 HTF low-interest loan (NYS) 125,000 HOME CHDO funds (Black-Rock Riverside NHS) 642,690 HOME loan (BURA) 93,294 BAWNY $3,368,930 The Home funds will be disbursed as follows: HOME CHDO - Two (2) annual installments of $62,500 through Black-Rock Riverside NHS HOME (BURA) - Three (3) annual installments of $214,230 directly from the Buffalo Urban Renewal Agency. Both of these HOME funding sources would carry terms of thirty (30) years, with interest only of 1%. The borrower, Austin Manor Housing, L.P. has agreed that these HOME funds will be utilized strictly for hard construction costs. In addition, the borrower will execute a PILOT Agreement with the newly agreed upon City/County terms to be followed. BAWNY will also commit $360,000 over twenty (20) years as an operating subsidy. Owner: Austin Manor Housing, L.P. Developer: Blind Association of Western New York Contractor: ADF Construction, Corp. Architect: Clinton Brown Company Architecture, P.C. Management Agent: Belmont Shelter Corp. Therefore, I am respectfully requesting approval to commit $642,690 of HOME funds and $125,000 of HOME CHDO funds to Black-Rock Riverside NHS to be utilized for the construction of this project. The developers will meet all underwriting criteria outlined; i.e. current City tax, County tax, and water bills; before-after appraisals; copy of mortgage/deed; contractor's work write-up, environmental review, HOME funds application prior to disbursement of any funds. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 49 REQUEST INFORMATION REGARDING COLLECTION OF INSPECTION FEES The Department of Community Development, Division of Inspections, Licenses and Permits in receipt of your Common Council Resolution and wishes to supply your Honorable Body with the following response. Chapter 241- 12, Inspection Enforcement, was put into effect on May 1, 1995. When this ordinance was written, the Department of Inspections and Community Revitalization had not yet been absorbed into the Department of Community Development. As your Honorable Body is aware, each property owner was to be assessed a fee of seventy-five dollars ($ 75.00) for each inspection after the second inspection. This law also Page 30 98-1201.txt outlined the creation of a Waiver Review Panel that was empowered to schedule a hearing concerning the fee being imposed. The members of the Waiver Review Panel were as follows, The Commissioner of Inspections and Community Revitalization, the Director of Housing and Property Inspections, and the Director of Licenses. During recent reorganizations and through the implementation of consolidation activities, these positions have been eliminated and their duties assumed by persons in other titles. On October 5, 1995, the Department of Neighborhoods, Housing and Inspections was notified by the Division of Data Processing that there were approximately two thousand four hundred and thirty-four (2,434) properties that were eligible to be billed for inspection activity that exceed two inspections. This listing did not include properties that were being processed in Housing Court. On April 25, 1996 a memorandum from the Commissioner of Administration and Finance, Eva M. Hassett was sent to former Treasurer Marilyn Smith. This memorandum was sent to establish a process to accept payment of these fees. No further communication was sent to the Department of Neighborhoods, Housing and Permits in reference to this matter. On April 17, 1996 a memorandum was sent to the Division of Housing and Property Inspections advising the Department that the new computer installation be completed and to contact the Division of Treasury for implementation. On April 18, 1996 a communication was sent from City Comptroller Joel A. Giambra to Commissioner Eva M. Hassett requesting the Division of Treasury implement the new system for the collection of the fees generated by the new ordinance section 242-12, Inspection Enforcement. At no time did the Department of Neighborhoods, housing and Inspections, receive any correspondence that this system was to be implemented. As the coordination effort between the Division of Data Processing and the Division of Treasury was being attempted, the Division of Inspections geared up for the implementation of this program. Of the previously mentioned two thousand four hundred and thirty-four (2,434) properties eligible to be billed for re-inspection fees, one thousand two hundred (1,200) were randomly selected by the computer to receive notice of the forthcoming bill. As we had not completed the working relationship between departments to fully implement this system, it was decided to send a form identified as a Re-inspection Fee Notification. This form identified the address, the owner of the property, the initial inspection date, violations cited, re-inspection dates, and the last action date. This form explained furthers that if you. wish to dispute the information on the notice, a hearing could be held to discuss their concerns. Even though only half of the properties subject to the inspection fee were notified, the requests for hearings far exceeded our expectations. Hearings were scheduled on the quarter hour excluding the designated lunch and break periods. When the scheduling was completed the Department of Inspections found itself solidly booked for three months. As we held the hearings it was found that the citizens of the City of Buffalo were not fond of the new fee. As the Divisions of Data Processing, Treasury and Inspections had not completed the necessary agreements to start collecting this fee, the cumbersome hearing mechanism, the overwhelming response to have hearings regarding these matters, it was resolved that the way this ordinance was written was simply not feasible or practicable to enforce. Since the effective Page 31 98-1201.txt date of May 1, 1995, the Division of Inspections, Licenses and Permits has been informed by the Division of Data Processing that there are currently two thousand thirteen (2,013) properties that have had three inspections or more, making them subject to this re-inspection fee. Records reviewed from the Division of Budget show that no fee has been collected in any fiscal year since this ordinance became law. After the holding of hearings concerning the possibility of implementing a fee for re-inspections, no actual bills were sent to the owners of these properties, no fees were collected and no fees have been waived. Using the data supplied to the Division of Inspections, Licenses and Permits of the total two thousand thirteen (2,013) properties inspected, the total amount of inspections performed on the subject properties was six thousand seven hundred forty-two (6742). If all the monies were collected according the current ordinance, the City of Buffalo would realize five hundred and five thousand, six hundred and fifty dollars ($505,650.00) in revenues. As currently written, we in the Department of Community Development, Division of Inspections Licenses and Permits would like to offer our services in the further examination and possible re-writing of the ordinance concerning the imposition of fee for re- inspection activity. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 RESPONSE - 14 PERSIA STREET ITEM #81, C.C.P. 11/4/98 The above referenced item has been referred to this Department for comment. It is a request from S. Paris, 550 Doat Street, to homestead 14 Persia Street. The Division of In-Rem Properties received a request on February 19, 1998 from Steven and Deatra Paris to purchase the vacant lot at 14 Persia Street, lot size 30' x 105'. On April 1, 1998, the Division of In-Rem Properties received information from the Division of Collections that Mr. and Mrs. Paris had water and sewer arrearages. On April 3, 1998, we sent them a letter that the arrears must be paid before we could continue the sale. As of November 20, 1998, Mr. and Mrs. Paris owe $955.57 in water arrears and $350.51 in user feels. In July 1998, Mr. and Mrs. Paris changed their request from a purchase to a homestead. They were advised that letters would be sent to adjoining property owners offering the property for sale and if an adjoining property owner expressed interest in purchasing, the property would not be eligible for homestead. On July 27, 1998, Mr. Bruce Trimmer of 16 Persia requested to purchase 14 Persia. Mr. Trimmer recently acquired the property for his residence and is in the process of repairing the home. We have been negotiating a private sale with Mr. Trimmer, since that time. Therefore, I am recommending that Your Honorable Body deny the request to homestead the property. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 51 RESULT OF NEGOTIATIONS Page 32 98-1201.txt PORTION OF 107 ALABAMA STREET BEING SOUTH EAST CORNER OF ALABAMA 44' X 102' The Department of Community Development, Division of In-Rem Properties, has received a request from Ms. Mary Theresa Sheehan, 76 Vandalia Street, Buffalo, New York to purchase a 44' x 102' portion of 107 Alabama Street. She intends to build a garage on this vacant land next to her home and expand her yard area. The Department of Community Development and the Division of Collections have no objections to the sale. There are no outstanding code violations, taxes or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Mr. George Ladori, appraiser of All Points Appraisals, 4506 Abbott Road, Orchard Park, New York. He has estimated the value of the property to be Two Thousand Dollars ($2,000). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Mary Sheehan has agreed and is prepared to pay Two Thousand Dollars ($2,000) for the parcel. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of of a portion of 107 Alabama Street, approximately 44' x 102' to Ms. Mary Theresa Sheehan in the amount Two Thousand Dollars ($2,000) I am further recommending 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 NO. 52 RESULT OF NEGOTIATIONS 119 DETROIT, 3901 S PECKHAM LOT SIZE: 30' X 118' ASSESSED VALUATION: LAND: $1,800 IMPROVEMENT: $13,200 TOTAL: $15,000 121 DETROIT, 330' S PECKHAM LOT SIZE: 60' X 118' ASSESSED VALUATION: LAND - $3,600 The Department of Community Development, Division of In-Rem Properties, has received a request to purchase the above properties from Mr. Ron Mondry, 42 Erb Street, Buffalo, New York 14215. Mr. Mondry intends to rehabilitate 119 Detroit and use 121 Detroit for extra yard space and has provided proof of his financial ability to acquire and repair the two family dwelling. The Department of Community Development and the Division of Collections have no objections to the sale. There are no outstanding code violations, taxes or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Mr. Richard W. Bronstein of R. W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be Four Thousand Five Hundred Dollars ($4,500). The Division of In-Rem Properties has investigated the sales of similar properties in the area. Adjusted sales range from $3,100 to $4,700, for this type of structure. The results of our negotiations are that Mr. Ron Mondry Page 33 98-1201.txt has agreed and is prepared to pay Three Thousand One Hundred Dollars ($3,100) for the subject parcels. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 119 and 121 Detroit Street to Mr. Ron Mondry in the amount of Three Thousand One Hundred Dollars ($3,100). I am further recommending 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 NO. 53 RESULTS OF NEGOTIATIONS 306 SENECA, EAST CORNER OF FILLMORE VACANT LOT: 38' X 67', 50.83'REAR ASSESSED VALUATION: $2,600 The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. Jeffrey S. Eder, 157 Lexington Avenue, Buffalo, New York 14222, to purchase the above captioned vacant lot. Mr. Eder intends to construct a small storage building, approximately 800 square feet. The Department of Community Development and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Howard P. Schultz, Appraiser, Howard P. Schultz and Associates, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the value of the parcel to be One Thousand Six Hundred Fifty Dollars ($1,650). The Division of In Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Eder has agreed and is prepared to pay One Thousand Six Hundred Fifty Dollars ($1,650). He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 906 Seneca Street to Mr. Jeffrey Eder in the amount of One Thousand Six Hundred Fifty Dollars ($1,650). I am further recommending 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 NO. 54 RESULTS OF NEGOTIATIONS 117 VERPLANCK, 154.731 N OF WOODLAWN VACANT LOT: 30' X 100' ASSESSED VALUATION: $1,500 The Department of Community Development, Division of In-Rem Properties, has received a request from Ms. Florence U. Johnson, on behalf of Cold Spring Church of God in Christ Jesus, 107 Verplanck Street, Buffalo, New York 14208, to purchase the above captioned vacant lot. The church intends to use the vacant lot for the expansion of the church. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Page 34 98-1201.txt An independent appraisal of the property was conducted by Dennis Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the value of the parcel to be Six Hundred Dollars ($600), Twenty Cents (.20) a square foot. The Division of In-Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Twenty-Five Cents (.25) to Seventy-Five Cents (.75) a square foot. The results of our negotiations are that C.O.G.I.C. have agreed and are prepared to pay One Thousand Two Hundred Dollars ($1,200), Forty Cents (.40) a square foot, for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 117 Verplanck Street to Cold Spring Church of God in Christ Jesus in the amount of One Thousand Two Hundred Dollars ($1,200). I am further recommending 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 NO. 55 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 196 STRAUSS, (CITY OWNED-VACANT LOT), DIMENSIONS 30' X 139' ASSESSED VALUATION: $1,600. The Department of Community Development has surveyed the city-owned vacant lot at 196 Strauss, the parcel is 30' x 139' in dimension; and it has been determined that this parcel is inappropriation for either the construction of new housing or needed for public purposes. Mr. Larry Hunley, residing at 202 Strauss Street, indicated that he will clean, improve and maintain t lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property be transferred to Mr. Hunley on the condition that the property is cleared and improved within (6) months maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF STREET SANITATION NO. 56 INFO-EAST SIDE TRANSFER STATION This correspondence is relative to our letter dated November 23, 1998 regarding the East Side Transfer Station. Two corrections have to be noted: On page three, the savings the City has realized for composting and recycling through Tomasello Contracting is $14,000 instead of $8,000. On the same page for the month of October, the transfer station had a total economic impact of nearly $60,000 rather than $52,000. If you need further information, feel free to call my office at Page 35 98-1201.txt 851-5955. REFERRED TO THE COMMITTEE ON BUDGET. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 57 POLICE OVERTIME AND COURT TIME Under this cover please find the analyses of Police Department overtime and court time that were requested by Council member LoTempio and the Council's Budget Committee. The analyses include historical overviews of overtime and court time both in terms of dollars and hours; the hourly analysis is included since expenditures are influenced by union raises and retroactive pay increases. Overtime expenditures are broken-down by bargaining unit. In addition, the histories of bargaining unit raises are included in the packet. Also included are analyses of current year projections for overtime and court time in the department. I trust this information satisfies your inquiry. REFERRED To THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 58 ESTABLISH A CONTRACT BETWEEN TURNER CARROLL HIGH SCHOOL AND THE DIVISION FOR YOUTH TO ADMINISTER A DIVISION OF CRIMINAL JUSTICE SERVICES FUNDED GRANT CREATING A CRIME DIVERSION AND LIFE SKILLS RECREATION ACTIVITY THROUGH A DOUBLE DUTCH JUMP ROPE PROGRAM. The State of New York Division of Criminal Justice Services (DCJS) through their Juvenile Justice Unit and the City Division for Youth entered into a contract to begin a recreational program aimed at life skills training and crime diversion through the medium of recreation. The original agreement was to begin a double dutch jump rope program administered by contract between the YWCA and the Division for Youth. The program's primary focus is on young teenage girls but there are no limitations on participants. It is to be a trial program with the potential to be the beginning of a City wide activity. The location of the program was originally to be the downtown branch of the YWCA and to run from September 1, 1997 to August 31, 1998. The grant is funded for $11,865.00 and is to be administered under contract between the Division for Youth and DCJS as a Trust and Agency account with a third contracted agency running the program. The YWCA will no longer be running the program. All funds are to be supplied by DCJS including a 25% advance to the City. The advance has been received for $2,967.00, Anti-crime lectures, life skills training and encouraging a positive outlook to one's self and community are an integral part of the program agenda. Permission to enter into the original contract between DCJS and the City Division for Youth was approved by the Common Council on May 27, 1997 and designated CCP # 93. The program did not commence on schedule due to a number of execution problems including a change in Page 36 98-1201.txt program budget needs, operating organizations and venue. A new program using the jump rope based life skills and crime diversion approach has been established with Turner Carroll High School and the Gemini Dance Company (both located at 185 Lang Avenue, Buffalo, New York 14215). The program start date was changed to September 1, 1998 and terminates August 31, 1999. The program is presently in operation. This is a superior location in terms of clientele to be serviced, need for diversions, facilities, trained instructors and community access. The Division of Criminal Justice Services agreed to the program changes including full funding for $11,865.00. The City is to administer the program through the Trust & Agency account already established by the Accounting Department. The City will not expend any cash on this project. We anticipate serving 25-35 teenage participants via the program. REQUESTED ACTION: Please allow the Division for Youth to enter into a contract with Turner Carroll High School and the Gemini Dance Company to monitor the program and reimburse expenses incurred in operation thereof as agreed to by our fully executed and amended contract with Division of Criminal Justice Services and the Division for Youth. As stated above, permission to enter into the original agreement between DCJS and the Division for Youth was approved by the unanimous vote of the Common Council May 27, 1998 through CCP # 93. Mrs. LoTempio moved: That the above communication from the Division for Youth dated November 24, 1998, be received and filed- and That the Director of the Division of Youth be, and he hereby is authorized to enter into a contract with Turner Carroll High School and the Gemini Dance Company to monitor the program and reimburse expenses incurred in operation thereof as agreed to by the fully executed and amended contract with Division of Criminal Justice Services and the Division of Youth in the amount of $11,865.00 and for the period September 1, 1998 through August 31, 1999. The City is to administer the program through the Trust & Agency account already established by the Accounting Department. PASSED AYES-13. NOES-0. FROM THE CITY CLERK NO. 59 NOTICE OF HEARING L.L. INTRO. # 13 (1998) TAX EXEMPT. - PERSONS W/DISABILITY & LIMITED INCOME (NO. 150, C.C.P., NOV. 4, 1998) A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. RECEIVED AND FILED NO. 60 HEARING L.L. INTRO. # 13 (1998) TAX EXEMPT - PERSONS WITH Page 37 98-1201.txt DISABILITY & LIMITED INCOME (NO. 150, C.C.P., NOV. 4,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED On a motion by Mrs. LoTempio , seconded by Mr. Franczyk, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -None Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Franczyk CARRIED. Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Zuchlewski PASSED AYES-13. NOES-0. NO. 61 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 218-222 Franklin St. THBASMNT, Inc. same as business name RECEIVED AND FILED NO. 62 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: Comptroller- Antoinette Klimeczko Police- Barbara Miller-Williams, Administration and Finance- Leroy Moses . Human Services, Parks/Recreation- Emilio Fuentes RECEIVED AND FILED. NO. 63 REPORTS OF ATTENDANCE Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 64 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. Page 38 98-1201.txt DEPARTMENT OF PUBLIC WORKS Appointment Effective November 13, 1998 in the Department of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $7.33 Charles E. Buchanan, 128 A Altruria Street, Buffalo 14220 Michael G. Coniglio, 138 Folger Street, Buffalo 14220 Norbert S. Prus Jr., 46 Young Street, Buffalo 14212 Peter J. Tabone, 32 Tacoma Avenue, Buffalo 14216 Appointment Effective November 17, 1998 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 John A. Loughran, 205 Marine Drive Apt. 7A, Buffalo 14202 James L. Moscato, 115 Imson Street, Buffalo 14210 Appointment Effective November 19, 1998 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 Robert J. Bell, Sr., 44 Ashton Place, Buffalo 14220 Timothy D. Devany, 79 Marine Drive Apt 8B, Buffalo 14202 Raymond M. Harrington, 59 North Ryan Street, Buffalo 14210 Donald P. Herbert, 182 Melrose Street, Buffalo 14210 Keith M. Rathbun, 239 Cumberland Avenue, Buffalo 14220 Appointment Effective November 24, 1998 in the Department of Public Works, Division of Buildings, to the Position of Sr.-First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 Daniel L. Inglut, 189 Harding Road,, Buffalo 14220 John F. Schieber, 164 Dundee Street, Buffalo 14220 Appointment Effective November 20, 1998 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 Andrew J. Moffett, 776 Abbott Road, Buffalo 14220 DEPARTMENT OF STREET SANITATION Appointment Effective November 16, 1998 in the Department of Street Sanitation to the position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.92/hour Roshawn G. Perry, 188 E. Utica, Buffalo, NY 14208 Rafael A. Ramos, III., 200 Condon, Buffalo, NY 14207 DEPARTMENT OF GENERAL SERVICES Appointment Effective November 20, 1998 in the Department of General Services Division of Inventory & Stores Laborer II (Seasonal),Seasonal, Non-Competitive, Flat, $6.92, Cleveland Kirkland 489 Linwood Ave Buffalo, NY 14209 DEPARTMENT OF HUMAN SERVICES Appointment Effective Nov. 16,1998 in the Department of Human Services Division of Recreation to the Position of Fee Collector, Seasonal, Non- Competitive, at the Flat Starting Salary of $5.15 Joseph Sammarco 123 Frontenac, Buffalo 14216 Appointment Effective: November 16, 1998 in the Department of Human Services, Parks & Recreation Division of Youth to the Position of Community Field Worker (Youth Page 39 98-1201.txt Court), Temporary, Appointment, at the Flat, Starting Salary of: $ 6.55 hr Jacqueline S. Grisanti, 394 Taunton Place, Buffalo, 14216 Appointment Effective in the Department of Human Services, Division of Recreation, to the Position of Fee Collector, Seasonal, Non-Competitive, at the Flat Starting Salary of $5.15 Karen Ann Steele, 24 Eden, Buffalo 14220 Appointment Effective November 18, 1998 in the Department of Human Services, Division of Recreation, to the Position of Fee Collector, Seasonal, Non-Competitive at the Flat Starting Salary of $ 5.15 Lori Agostino, 44 Tacoma Avenue, Buffalo 14216 Catherine Long, 14 Yale, Buffalo 14210 NO. 65 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. Appointment Effective: November 18,1998, in the Department of: Police, to the Position of: Public Safety Dispatcher, Contingent Permanent, Appointment, at the Minimum, Starting Salary of: $ 25,146 Pamela A. Zawistowski, 164 Alabama St., Bflo, N. Y. 14204 Appointment Effective: November 18,1998, in the Department of: Police, to the Position of: Public Safety Dispatcher, Permanent, Appointment, at the: Minimum, Starting Salary of. $ 25,146 Jill E. White, 15 Wex Avenue, Buffalo, New York 14211 Appointment Effective: November 23,1998, in the Department of: Police to the Position of Cellblock Attendant Contingent Permanent, Appointment, at the: Minimum, Starting Salary of $ 23,622 Michael P. Groves 113 Kenefick Avenue Buffalo, New York 14220 Robert R. Loveless, 65 Susan Lane. Bflo, New York 14220 APPOINTMENT EFFECTIVE November 16,1998, IN THE DEPARTMENT OF Fire, DIVISION OF Fire, TO THE POSITION OF Chief Fire Administrator, permanent, promotion, at the flat, Starting salary of $52,296 Garnell Whitfield, Jr., 581 Grider Street, Buffalo, 14215 Appointment Effective 11/16/98, in the Department of Street Sanitation, to the Position of Truck Driver (Provisional) Provisional, Appointment, at the Minimum, Starting Salary of $24,683 Joseph A. Granata, 480 Ashland Avenue, Buffalo, NY 14222 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 66 ADELPHIA FRANCHISE FEE PAYMENT - FY 1998, QUARTER 3 Enclosed please find the franchise fee payment for the Buffalo Cable System for the third quarter of 1998. The transfer of the franchise from TCI to Adelphia has Page 40 98-1201.txt precipitated the payment for this quarter to be forwarded by both TCI and Adelphia. The payment checks are: TCI check # 2710073, dated September 1, 1998 for $ 157,972.000 Adelphia check #257160 dated November 11, 1998 for $324,740.00 Total Franchise Fee payment for Quarter 3 of 1998 is $ 482,712.00 Adelphia is excited to serve the City of Buffalo and looks forward to a long relationship with your office. If you have questions regarding this payment please contact either Mr. Arthur Nephew (System Business Operations and Co- General Manager) or myself. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATION, OFFICE OF TELECOMMUNICATICNS AND COMPTROLLER. NO. 67 ADELPHIA INSURANCE AND FRANCHISE AGREEMENT PAPERWORK In response to your letters of October 8, 1998 and November 4, 1998, I am submitting the attached fax copies of Insurance paperwork that was previously forwarded to the special counsel for the City of Buffalo, Mr. Laurence K. Rubin, Esquire. This paperwork was hand delivered to Mr. Rubin in the office of Council President James W. Pitts during the signing of the TCI / Adelphia franchise transfer. Please contact Mr. Rubin to secure originals of the necessary paperwork your offices needs on file and use these copies until such time you receive the originals. Thank you for your patience as we move forward in getting all the franchise transfer issues straightened out. If I may be of further assistance please contact me at 843-8030 and I remain, RECEIVED AND FILED NO. 68 AMERICAN ANGLIAN BUFFALO SEWER AUTHORITY CONTRACT RES.#152-11/4/98 Thank you for the opportunity to respond to the request of Common Council concerning our involvement with the Buffalo Sewer Authority. American Anglian Environmental Technologies is not currently working with the Buffalo Sewer Authority to develop a contract and is not engaged in negotiations for that purpose. We are however, currently involved with the Buffalo Sewer Authority in the performance of an agreement which was entered into in 1997. In addition to our existing contractual obligations with the Sewer Authority, we have reviewed the operations, billing, and infrastructure of the sewer system. This is to determine how these two operations impact upon each other and to identify areas which may provide an opportunity for improved services and/or enhanced cost efficiencies to the customers of these systems. American Anglian believes that this type of review is a normal and necessary part of any good business operation, particularly one so complex as this. We remain committed to this review in the anticipation that our efforts will yield many viable and productive recommendations for future Page 41 98-1201.txt improvements. We are proud of our efforts in this area, and are pleased that we are able to make such a commitment on behalf of the ratepayers. Beyond our investment in the Water Board and Sewer Authority, American Anglian is also making other investments within the City of Buffalo. For example, American Anglian recently entered into a long-term strategic partnership with a Buffalo-based company to provide computer hardware and to manage our server network for all of our operations throughout North America. We believe that this agreement will generate new jobs and revenues, not only for this company, but also for all of their vendors throughout the City and the region. Finally, in the near future, our regional operations will move into a newly constructed building on Exchange Street. American Anglian is particularly pleased that we were able to take part in this project because it clearly helps to send the message that "Buffalo is a great place to do business." We look forward to holding an open house at our new office in the near future and hope that all of the members of the Common Council will join us for a tour of the facility. On behalf of American Anglian, I trust that this response has answered your questions, and I look forward to speaking with you should you require additional information. REFERRED TO THE COMMITTEE ON FINANCE NO. 69 L. AUGUSTYN REFUND-NON RESIDENT SWIMMING PERMIT My name is Leo Augustyn. I am a senior citizen living at 49 Williamstowne, East Cheektowaga 14227. My phone number is 8948789. Presently I am a patient at Erie County Medical Center and will be so for(A) an extended period of time. Seven weeks ago I was hit while entering church and have been laid up in intensive care and just recently have been moved to room 802. Just prior to the accident I had registered for a non- resident swimming permit. The cost of this pass was $150. I will not be able to use this convenience and am requesting a refund of my $150. Due to the circumstances I am hoping that this request will be approved. The refund check can be sent to the address above or to the hospital. I will be an inpatient there for the next months due to my rehabilitation process. Thank you for listening to my request. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. NO. 70 BLUE CROSS & BLUE SHIELD OF WESTERN NEW YORK-CITY OF BUFFALO ACTIVE AND RETIREE GROUPS Listed below are Blue Cross and Blue Shield of Western New York's benefit and contract modifications and enhancements along with New York State and Federal Mandates for Community Blue and Traditional Blue plans 1/11/98 FEDERAL: Mental Health Parity - removes any annual and lifetime monetary limits for mental health care and replaces with a limit on the number of visits or days available. NEW YORK STATE: Inpatient Stay Related to Breast Page 42 98-1201.txt Cancer - removes carrier's ability to impose UR on stay and leaves length of stay at the discretion of the physician and patient. NEW YORK STATE: Reconstructive Surgery following Mastectomy - requires full coverage. NEW YORK STATE: Second Medical Opinion - requires coverage following a diagnosis of cancer. NEW YORK STATE: Enteral Formula - requires coverage for certain enteral formulas and low protein solid foods when Rx coverage is present. NEW YORK STATE: Chiropractic - requires coverage at mandated level when office visits are covered for other types of providers. NEW YORK STATE: Rx Self-injectable Ruling - HMO RIDERS ONLY - removes any additional coinsurance for self-injectable drugs. Effective at group renewal (1/1/98). 7/1198 Periodically Blue Cross and Blue Shield of Western New York reviews its contracts and riders to make sure that they are up-to-date and a good value for our members. In some cases this means canceling older contracts and riders and offering updated contracts and riders a replacement, as permitted by the New York State Insurance Law. In 1993, we evaluated our current portfolio of products and determined that significant changes in language and benefits were required in order to follow current trends in the health insurance industry. Additionally, we have re-evaluated our product portfolio and determined that it makes good business sense to retire all products that are not available for active sales at this time. Consequently, we continued with our discontinuance of these products to members of collective bargaining agreements. There were four previous waves of terminations prior to the final fifth wave, which was completed in 1998 for members of collective bargaining agreements. 1/11/97 NEW YORK STATE: Length of Stay for Maternity - clarifies minimum length of stay for maternity (48 hours normal and 96 hours Caesarean) and provides in home visit. NEW YORK STATE: Definition of Emergency - to include the Prudent layperson standard. 1/11/95 NEW YORK STATE: Diabetic Mandate - provides for additional diabetic equipment and supplies beyond original mandate. The information presented is a summary of the modifications and mandates. This should not be considered a full description of the contract and benefit changes and we the reserve the right to supplement this information, if necessary. Copies of contract language is available upon request. Thank you for your continued support of Blue Cross and Blue Shield of Western New York. RECEIVED AND FILED NO. 71 COMMITTEE TO KEEP ZOO IN DELAWARE PARK OPPOSITION TO MOVING OF ZOO We are writing to you to present our case in opposition to the proposal by, the Buffalo Zoo to leave its historic facility in Delaware Park and to create a new $160 million mega zoo and marine life park in Buffalo's Old First Ward. We believe Page 43 98-1201.txt that the Zoo's proposal is not in the best interests of area taxpayers and is not in the best interests of either of the two city neighborhoods that would be most affected by the move. However, it is important that the record be clear and unequivocal that we do wholeheartedly support the Buffalo Zoo's efforts to create habitats for the animals that reflect modem standards for both housing and exhibiting a captive wildlife population. Even before the Board of Directors of the Zoo voted to pursue public and private funding to build the proposed new zoo and marine life park, we had offered our assistance in bringing about a rehabilitation and a possible expansion of the Zoo at its current site. That offer still stands. We believe that the current location of the Zoo is the best choice and that the present facilities can be upgraded to current standards at a cost in keeping with the resources of the community and without sacrificing other needs of the region. Presently, the Zoo is located in the Parkside-North Buffalo area, which is one of the most solid family neighborhoods left within the City. Moving the Zoo from that site, and possibly leaving behind empty pits, concrete moats and deteriorating buildings, could well destabilize the landmark area, dropping property values and lowering tax revenues. The Zoo now is located in a corridor of family cultural attractions that border the City's largest park, Delaware Park. The Buffalo & Erie County Historical Society, the Albright- Knox Art Gallery, historic Forest Lawn Cemetery, and Frank Lloyd Wright's Darwin Martin House also abut the Park. There is no question that if the attractions are jointly marketed and possibly linked by a shared visitor trolley-style shuttle system and common satellite parking facilities, they offer a unique attraction for both visitors and residents. The surrounding Parkside neighborhood and Delaware Park were both laid out by renowned landscape architect Frederick Law Olmsted and both have landmark designation. Although located in a city neighborhood, the current Zoo is only four blocks from an expressway and is within walking distance from Buffalo's Metrorail. On the other hand, the site that the Board of Directors of the Buffalo Zoological Society has selected for the new mega zoo and marine life park is in an industrial/residential neighborhood on the Buffalo River, one of the most polluted waterways in New York State. The Zoo would take all of the area's only park, and in addition would require acquisition and relocation of 26 businesses and 10 homes. Most residents of the Old First Ward oppose the new zoo on the basis that it would ruin the neighborhood that they know and would, according to Zoo projections, inflict 1,000,000 visitors a year into a small neighborhood. As for the cost of the new facility, the Zoo is seeking $139 million from taxpayers at the federal, State, County and City levels and another $21 million from private donors and corporations. That is only the start. The projected capital cost of $160 million does not include such costs as transportation links, environmental clean-up of the proposed site or rehabilitation of the current Delaware Park site. A recent front page article in The Buffalo News indicated that the projected cost of the Buffalo Zoo far exceeds that spent on rehabilitating or expanding other zoos in the country and that the extent to which the Buffalo Zoo would rely on taxpayers to finance improvements is unprecedented. Moreover, capital costs of a new mega zoo and marine life Page 44 98-1201.txt park would not be the end of the Buffalo Zoo coming to area taxpayers for handouts. The Zoo's own consultants admit that even if the new facility attracts the 1,000,000 visitors a year that they project -- and we doubt the validity of that projection -- the new zoo will run an operating deficit of $2.78 million per year. The Zoo's consultants suggest a new, dedicated tax for the region to meet that annual deficit. In an area that already is among the highest taxed in the country and has a dwindling population, we cannot afford yet another tax. If we could, should it be for a zoo as opposed to better schools and libraries, more police and fire protection, or improved roads and bridges? We do not believe that this is an appropriate basis on which to proceed. We are enclosing a packet of materials in support of our position that the Buffalo Zoo should remain and improve at its current site in Delaware Park. The materials are: 1. A position paper outlining the impact on taxpayers, users of Delaware Park and the Zoo, the Old First Ward and North Buffalo if the Zoo moves, and the benefits to the community at large if the Zoo stays and improves. 2. A map of the proposed new site showing that, in fact, it is not on the Lake Erie waterfront or in downtown Buffalo as proponents of moving the Zoo have suggested. 3. The most recent accreditation report issued to the Buffalo Zoo by the American Zoo and Aquarium Association, which is the primary accrediting body. This report, issued in 1995, indicates that there is no threat -- expressed or implied -- of loss of the Buffalo Zoo's accreditation. The Zoo's Board of Directors has been attempting to stampede the public and elected officials into committing to the proposed $160 million project under the pretense that the Zoo's accreditation is in imminent jeopardy. This could not be further from the truth. According to the AZA Accreditation Coordinator in an August, 1998 telephone conversation with Steven Binder of our group, "there is no threat to the Zoo's accreditation if they don't move; there is no threat if they don't improve." Ever since we challenged the assertion that the accreditation had been threatened, the Zoo's representatives have been backpedaling on this point and are now in fact publicly stating that there is no such threat. 4. Comments by Minot Ortolani, former executive director of the Buffalo Zoo, regarding accreditation and the feasibility study by the current Zoo's consultants. 5. An economic analysis of the Zoo's feasibility study by David J. Steinwald, an early critic of the proposed move. Mr. Steinwald's analysis reveals that the study has numerous economic, demographic and statistical flaws. His critique examines assumptions, data, and techniques used by the Zoo's consultants. 6. Reviews of the Zoo's feasibility study and of the Steinwald analysis by two local economists, David Gianturco and Paul Zarembka. Each participated at our request, but without any predisposition either to favor or to oppose the proposed move. Both concluded that Mr. Steinwald's analysis was thorough and contained points deserving serious consideration, and each submitted additional comments on the Zoo's proposal. 7. An article from Business First reporting on the only scientific poll conducted to date of residents in Erie and Niagara Counties regarding the proposed move of the Buffalo Zoo. This poll indicates that a majority of residents want the zoo to stay in Delaware Park. Page 45 98-1201.txt 8. An editorial from Business First in opposition to the proposed move of the Zoo. 9. Our letter of September 12, 1998, to the members of the Zoo Board. We offer these documents in support of our contention that the proposed move would be a serious mistake made at the detriment of taxpayers who can ill afford an additional burden and at the cost of two City neighborhoods. After reviewing the materials, if you have any questions or if you would like to talk with us either in person or by telephone, we would be pleased to hear from you. We thank you for your consideration of our position. REFERRED TO THE COMMITTEE ON FINANCEP NO. 72 A. COPPOLA - ATTENCANCE FIGURES - NORTHAMERICAN PARK. Please file the attached document from North AmeriCare Park. Thank you. REFERRED TO THE COMMITTEE ON FINANCE NO. 73 HENNEPIN PARK-STATE OF NEW YORK OFFICE BUILDING EXPANSION I am requesting to put on the agenda for the Common Council Hearing of December 1, 1998. The topic is to be "Hennepin Park - State of NY Office Building Expansion". If you have any questions please feel free to contact me at 716-891-9499. REFERRED TO-THE COMMITTEE ON FINANCE, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION, COMMISSIONER OF COMMUNITY DEVELOPMENT, CORPORATION COUNSEL AND MAYOR. NO. 74 ESTABLISHMENT OF CITIZEN HOUSING REVIEW BOARD This is in response to your July 22, 1998 letter to County Executive Dennis Gorski regarding the establishment of a Citizen Housing Review board. I apologize for the delay in responding however summer schedules and County budget matters have caused an unusual delay in addressing a variety of issues. In regard to the proposed Citizens Housing Review Board, Erie County does not favor the creation of any barriers to residential ownership/investment within the City of Buffalo. The requirement that anyone owning four or more units who wishes to purchase additional property in the City report to the above mentioned Board would create such a barrier. I strongly encourage the Council to promote more aggressive code enforcement and Housing Court referrals as a better remedy to combat the disrepair of the City's housing stock. Thank you for forwarding, the information to Erie County Please contact Community Planning Coordinator Tom Dearing at 858-7256 should you have any questions. RECEIVED AND FILED NO. 75 Page 46 98-1201.txt ERIE COUNTY DIVISION OF PLANNING ERIE COUNTY COURTS ENVIRONMENTAL IMPACT STATEMENT Attached for your review is a proposed final scope of the Draft EIS for the Erie C Courts project. Please forward any comments to me by the close of business on Friday, December 4, 1998. Mail comments to: Michael Krasner, Senior Planner Erie County Division of Planning 95 Franklin Street Buffalo, New York 14202 You can also fax comments to me at 858-7248. Thanks for your cooperation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 INDEPENDENT HEALTH CONTRACT/BENEFIT CHANGES Attached is Independent Health's revised response to your request for contract/benefit changes to the City of Buffalo contracts. If you have any questions or need additional information, please call me at 631-8072. Thank you. RECEIVED AND FILED NO. 77 J. VENTURA RODENT CONTROL-GELMAC Attached is a report from J. Ventura, Orkin Exterminating Co., Inc. concerning the Gelmac Co., at 60 Childs Street, Buffalo, NY REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 78 GREAT LAKES RESTAURANT, OWNER, PETITION TO USE 3362 MAIN FOR A POLE SIGN. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 79 TRY JESUS, INC., OWNER, PETITION TO USE 778 GENESEE FOR A HALFWAY HOUSE REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 80 D. VACANTI, OWNER, PETITION TO REZONE 228-244 MILITARY RD. FROM MI TO M2 FOR CONSTRUCTION BUSINESS W/CONCRETE MIXING. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. Page 47 98-1201.txt NO. 81 J.GRIBBINS & 0 - OPP. EXPANSION OF AID AID ON ELMWOOD AND BRYANT. RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 82 APPOINTMENT ASSESSOR That Communication 12, November 17, 1998 be received and filed and the Permanent appointment of Carl Nasca, above at the Maximum salary of $41,116.00 effective on November 9, 1998 is hereby approved- PASSED AYES - 13 NOES - 0 NO. 83 APPOINTMENT JR. DATA CONTROL CLERK That Communication 14, November 17, 1998 be received and filed and the Permanent appointment of Latifa A. Mack, above at the Intermediate salary of $22,997.00 effective on November 12, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 84 APPOINTMENT JR. DATA CONTROL CLERK That Communication 14, November 17, 1998 be received and filed and the Permanent appointment of Linda L. Hardy, above at the Maximum salary of $24,819.00 effective on November 12, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 85 APPOINTMENT ACCT. CLERK TYPIST That Communication 25, November 17, 1998 be received and filed and the Temporary appointment of Bonieda Cascio, above at the Intermediate salary of $24,830.00 effective on November 2, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 86 APPOINTMENT ASSISTANT ENGINEER That Communication 26, November 17, 1998 be received and filed and the Provisional appointment of Michael Hoffert, above at the Intermediate salary of $34,624.00 effective on November 2, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 Page 48 98-1201.txt NO. 87 APPOINTMENT HEAVY EQUIPMENT OPERATOR That Communication 46, November 17, 1998 be received and filed and the Provisional appointments of Michael Skowron, Robert Ralph, Alan Majewski, and William J. Deschenes, above at the Maximum salary of $29,814.00 effective on November 9, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 88 APPOINTMENT HEAVY EQUIPMENT OPERATOR That Communication 47, November 17, 1998 be received and filed and the Temporary appointment of Joseph Mazur, above at the Maximum salary of $29,814.00 effective on November 9, 1998 is hereby approved- PASSED AYES - 13 NOES - 0 NO. 89 APPOINTMENT HEAVY EQUIPMENT OPERATOR That Communication 48, November 17, 1998 be received and filed and the Provisional appointment of Vincent J. Sinibaldi, above at the Intermediate salary of $28,000.00 effective on November 9, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 90 MEMORANDUM OF AGREEMENT - CITY AND BFLO. PROFESSIONAL FIREFIGHTERS ASSOC., INC. (ITEM NO. 50, C.C.P., NOV. 17, 1998) That the Memorandum of Agreement between the City of Buffalo and the Buffalo Professional Firefighters Association, Inc., Local 282, 1AFF, AFL-CIO, for the period July 1, 1996 through June 30, 1998; be and hereby is approved and ratified. PASSED AYES - 13 NOES - 0 NO. 91 SALARY ORDINANCE AMENDMENT 21 -0 DEPARTMENT OF FIRE 021 ADMINISTRATIVE SERVICES (ITEM NO. 166, C.C.P., NOV. 17, 1998) That the Salary Ordinance Amendment as contained in Item No. 166, C.C.P.,November 17, 1998, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 92 SALARY ORDINANCE AMENDMENT 21 -0 DEPARTMENT OF FIRE VARIOUS DEPARTMENTS (ITEM NO. 167, C.C.P., NOV. 17, 1998) That the Salary Ordinance Amendment as contained in Page 49 98-1201.txt Item No. 167 C.C.P., November 17, 1998, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 93 SALARY ORDINANCE AMENDMENT SALARY AND WAGE SCHEDULE "D" (ITEM NO. 168, C.C.P., NOV. 17, 1998) That the Salary Ordinance Amendment as contained in Item No. 168, C.C.P., November 17, 1998, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 94 NEG. AGREEMENT - CITY AND TEAMSTERS LOCAL 264 (ITEM NO. 5 1, C. C.P., NOV. 17, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the Negotiated Agreement between the City and Teamsters Local 264, representing Water Division employees for the period July 1, 1998 through June 30, 2002, be and hereby is approved and ratified. PASSED. AYES - 13 NOES - 0 NO. 95 SALARY ORDINANCE AMENDMENT ENTERPRISE FUND 98-0 DEPARTMENT OF FIRE 0 1 5 DISTRIBUTION SYSTEMS (ITEM NO. 170, C.C.P., NOV. 17, 1998) That the Salary Ordinance Amendment as contained in Item No. 170, C.C.P.,November 17, 1998, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 96 SALARY ORDINANCE AMENDMENT SALARY AND WAGE SCHEDULE "G" (ITEM NO. 171, C.C.P., NOV. 17, 1998) That the Salary Ordinance Amendment as contained in Item No. 171, C.C.P., November 17, 1998, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 97 SALARY ORDINANCE AMENDMENT 06-DEPARTMENT OF ADMINISTRATION & FINANCE 4 - DIVISION OF PARKING ENFORCEMENT & 5 - DIVISION OF TREASURY (ITEM NO. 169, C.C.P., NOV. 17, 1998) That the Salary Ordinance Amendment as contained in Item No. 169, C.C.P.,November 17, 1998, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 Page 50 98-1201.txt NO. 98 APPOINTMENT PARKING METER OPERATIONS SUPERVISOR I That Communication 52, November 17, 1998 be received and filed and the Provisional appointment of Carl M. Barone, above at the Maximum salary of $33,576.00 effective on November 2, 1998 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 99 NOTICES OF APPT. - TEMP./PROV./PERM. (CCLK) (ITEM # 64 C.P.P. NOVEMBER 17,1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 100 REQ. HRG. - TRANSAMERICA MUNICIPAL FINANCE (COMPT) (ITEM 9 17 C.C.P. JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 101 RESULT OF NEGOTIATIONS - 532 GENESEE STREET (ITEM NO. 37, C.C.P., NOV. 17,1998) That the offer from Rev. Dr. Rocelus Jessie, Pastor of Mt. Aaron Missionary Baptist Church, 538 Genesee Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the sale of 532 Genesee Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to 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 offer was submitted. PASSED. AYES - 13 NOES - 0 NO. 102 RESULTS OF NEGOTIATIONS - 946 AND 948 SYCAMORE STREET (ITEM NO. 40, C.C.P,. NOV. 17, 1998) That the offer from 50-60 Kosciuszko Street Housing Development Fund Company, Inc., with its principal office at 525 Washington Street, in the sum of Four Thousand and Eight Hundred Dollars ($4,800.00) for the sale of 946 and 948 Sycamore Street, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be Page 51 98-1201.txt paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser- and That the Corporation Counsel be authorized to 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 offer was submitted. PASSED AYES - 13 NOES - 0 NO. 103 WORLDWIDE WEATHER INS. - EXCESS SNOWFALL INS. (ITEM # 104 C.C.P. SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 104 PROP. SEWER AUTH. CONTR. (PW) (ITEM # 23 C. C.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 105 REPORT OF BIDS - NEW COMMUNITY RECREATIONAL AND DAY CARE (ITEM NO. 32, C.C.P., NOV. 17, 1998) That the Commissioner of Community Development be, and he hereby is authorized to award contracts for a New Community Recreational and Day Care Facility at Old School No. 62, to the lowest responsible bidders, for General Construction to Mller Enterprises, Inc. with a Base Bid of $897,000, less Alternate #2 for $15,000, for a total amount of $882,000; for HVAC Work to John W. Danforth Co. in the Base Bid amount of $222,000; for Plumbing Work to M.K.S. Plumbing Corp. in the Base Bid amount of $213,000- and for Electrical Work to Tunney Electric, Inc. in the Base Bid amount of $141,31 1, as more fully described in the above communication. Funds for this project are available in C.P.A. 200-717-039, C.P.A. 200-717-095, C.P.A. 202-717- 004, C.P.A. 202-717-501 and a new C.P.A. for this purpose all in the Division of Development. PASSED AYES - 13 NOES - 0 NO. 106 J. VINAL - NEW COMM. RECR/DAY CARE FAC./OLD SCH. 62 (ITEM # 79 C. C. P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 107 STATEWIDE SHARED SERVICES PROGRAM GRANT (ITEM NO. 41, C. C.P., NOV. 17, 1998) That the Commissioner of Community Development be, and he hereby is authorized to apply for a 1998 Statewide Page 52 98-1201.txt Shared Services Program for municipalities and School Districts Grants in conjunction with the Buffalo Board of Education. The Board of Education will act as the lead party and applicant for the grant. PASSED AYES - 13 NOES - 0 NO. 108 SOUTH PARK GOLF CONCESSION (ITEM NO. 54, C.C.P., NOV. 17, 1998) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to reduce the 1998 annual rent of Ms. Maritza and Mr. Lucien Miller for the South Park Golf Course Concession in the compromised amount of $1,610. PASSED AYES - 13 NOES - 0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 109 LOCAL HISTORIC PRESERVATION DISTRICT DESIGNATION - "COBBLESTONE" (ITEM NO. 41, C.C.P., NOV. 4, 1998) (ITEM NO. 134, C.C.P., NOV. 17, 1998) That after the public hearing held before the Committee on Legislation on December 1, 1998 the boundaries of Ohio Street, west of Michigan Avenue, as more fully described in the above communication, the slip where the National Historic Landmark fireboat Edward M. Cotter is currently docked, be designated as a local historic landmark, pursuant to Article 111, Section 337-9 through 12 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be, and hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Eire County Clerk's Office. PASSED AYES-13, NOES-0 NO. 110 CANISIUS COLLEGE, PETITION TO USE 15 EASTWOOD - STUDENT HOUSING (ITEM NO. 80, C.C.P., NOV. 17, 1998) That after the public hearing before the Committee on Legislation on November 24, 1998, the petition of Canisius College, owner, for permission to use 15 Eastwood for student housing be, and hereby is approved. Passed. AYES-13, NOES-0 NO. 111 430 NIAGARA ST. ASSOC., PETITION TO USE 430 Page 53 98-1201.txt NIAGARA STREET - MENTAL HEALTH FACILITY (ITEM NO. 85, C.C.P., NOV. 17, 1998) That after the public hearing before the Committee on Legislation on November 25, 1998, the petition of 430 Niagara St. Assoc., owner, for permission to use 430 Niagara Street for a Mental Health Facility be, and hereby is approved. PASSED. AYES-13, NOES-0 NO. 112 267 NORTH ST. ASSOC., PETITION TO USE 267 NORTH STREET - POLE SIGN (ITEM NO. 84, C.C.P., NOV. 4, 1998) That after the public hearing before the Committee on Legislation on November 24, 1998, the petition of 267 North St. Assoc., owner, for permission to use 267 North Street for a pole sign be, and hereby is approved with the conditions that the height be no more than 4 feet and landscaping be provided. Passed. AYES-13, NOES-0 NO. 113 USE 267 NORTH ST. (C.P. BD) (ITEM #6 C.C.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 114 REQUEST TO DRAFT TOWING ORDINANCE (ITEM NO. 166, C.C.P., MAR. 31, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 115 REQ. DRAFT T ORD. (CD) (ITEM # 63 C.C.P. APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 116 NOT.SERIAL #9074-9078 (PW) (ITEM # 25 C.C.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 117 NOT.SERIAL 49074-9078 (PW) Page 54 98-1201.txt (ITEM # 15 C.C.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 118 DAMAGE TO WEST AVENUE PROPERTY OWNERS BY NIAGARA MOHAWK (ITEM NO. 167, C.C.P., OCT. 20, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 119 APPOINTMENT MEMBER TO THE BUFFALO SEWER AUTHORITY (ITEM NO. 1, C.C.P., NOV. 17, 1998) That the appointment of Rodney I. Richardson, residing at 688 Crescent Avenue, as a member of the Buffalo Sewer Authority for a term expiring June 30, 1999 be, and hereby is approved. Adopted NO. 120 REQUEST TO DRAFT ORDINANCE - TAXICABS AND LIVERIES (ITEM NO. 24, C.C.P., NOV. 17, 1998) That the Corporation Counsel be, and he hereby is authorized to draft an ordinance amendment to Chapter 437, Section 19 of the Code of the City of Buffalo relating to Taxi Stands. Adopted NO. 121 BILLIARD PARLOR - 240 WEST FERRY STREET (ITEM NO. 31, C.C.P., NOV. 17, 1998) That pursuant to Chapter 92 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Billiard Parlor license to Ho Nguyen, d/b/a Saigon Billiards located at 240 West Ferry Street. Passed. AYES-13, NOES-0 SPECIAL MEETINGS BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 122 L.L. INTRO. 4 (1998) BD. OF PKG.) (ITEM # 14 C.P.P. MAY 21, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED MUNICIPALIZATION OF ELECTRICAL SERVICES (ALFRED T. COPPOLA, CHAIRMAN) Page 55 98-1201.txt NO. 123 A. COPPOLA-BD. ELECTIONS DIS. STATEMENT NIMO POL.ACT. COM. ITEM # 85 C.P.P. OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 124 A. COPPOLA-13D. ELECTIONS DIS. STATEMENT NIMO 7/18/97 (ITEM # 70 C.P.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 125 A. COPPOLA-LAWSUIT AGS.PUB.SERVICE DEC EXIT FEES (ITEM # 71 C.P.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED NO. 126 NIMO - COUNCIL OPP. EXIT FEES (ITEM # 80 C.P.P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED NO. 127 NIAGARA MOHAWK - COMMITTEE TO STUDY MUNICIPALIZATION (ITEM # 78 C.P.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED NO. 128 RESPONSE FROM PSC (ITEM # 142 C.P.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED Page 56 98-1201.txt NO. 129 NIMO CUSTOMER PAYMENT FEES (ITEM # 146 C.P.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED NO. 130 STRANDED COST OBLIGATION - NIMO (PW) (ITEM # 27 C.P.P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED POLICE OVERSIGHT COMMITTEE (ROBERT R. QUINTANA, CHAIRMAN) NO. 131 INVEST. - ALLEGATIONS IMPROPER TRAINING - POLICE RECRUITS (ITEM # 279 C.P.P. SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 132 ALLEGATIONS IMPROPER TRAINING - POLICE RECRUITS (POL) (ITEM # 47 C.P.P. SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 133 LACK OF PATROL CARS FOR COMM. POLICE OFFICERS (ITEM # 180 C.P.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS NO. 134 By: Mr. Brown BETTER COORDINATION OF CITY INFRASTRUCTURE PROJECTS Whereas:Buffalo neighborhoods regularly experience demolitions, infrastructure projects, and utility repairs ranging from gas, electric, telephone and cable projects; and Whereas:The need to update and improve neighborhoods is overwhelming and is part of the solution to preserve neighborhoods and communities from-further decline; and Whereas:The demolition of derelict buildings is Page 57 98-1201.txt welcome in most communities, however, haphazard, careless, and uncoordinated demolition procedures often leave the people in those communities distressed; and Whereas:Infrastructure improvements can also leave these communities frustrated; sometimes when one construction project is finished, another starts immediately repeating similar actions; Whereas:Oftentimes contractors break sidewalks and curbs with their demolition or construction equipment; these sidewalks generally remain damaged unless the City pressures the company or contractor into repairing them; and Whereas:Furthermore, after demolition contractors and City agencies have invested money to repair City property, many times utility companies pull up or break the sidewalk again for their purposes, repairing it inadequately by patching the break or filling the crack with materials other than the required surface; and Whereas:This seems to be a chronic problem in all areas of the City; one project seems to be going on forever, when the reality is that different aspects of a project have started and finished at different times; and Whereas:Better coordination efforts in timing and procedure, from beginning to end, by City departments and private companies involved in demolitions, infrastructure projects, or utility repairs would be a costless and painless measure in improving the appearance of our City and at the same time improving the quality of life for the people who experience these frustrations; and Whereas:A system of notification of utility, demolition, and infrastructure projects to the Common Council and City Departments would prove useful in coordinating these projects as well as a system of fines for not notifying the City; Now, Therefore, Be It Resolved: That the Commissioner of Community Development, the Deputy Commissioner of the Division of Housing and Neighborhoods, the Director of the Mayor's Housing Task Force, and the Commissioner of Public Works respond to this Honorable Body with their opinions and suggestions on improving the coordination of demolitions, infrastructure improvements, and utility repairs from start to finish; and Be it Finally Resolved: That all responses be submitted to the City Clerk by the December 23, 1998, 2pm, Council filing deadline. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF COMMUNITY DEVELOPMENTCOMMISSIONER OF PUBLIC WORKS, AND MAYOR'S IMPACT TEAM. NO. 135 By: Mr. Brown MINORITY PARTICIPATION IN PLANNING INITIATIVES Whereas:The population of Western New York is following national trends, with African Americans and other minorities becoming an increasingly large percentage of the area's citizens; and Whereas:Our region is at a crossroads in its evolution, and several major planning and development initiatives are underway; and Whereas:These initiatives include the City Master Page 58 98-1201.txt Plan, the Southtowns Redevelopment Plan, the Willert Park Community Development Program, the 2020 Transportation Plan, the Convention Center Relocation Study, the Inner Harbor Development Plan, the City Schools Improvement Program, and others; and Whereas:These plans are meant to define and shape our city and region for years to come, but if not done with full community involvement, they run the risk of repeating past planning and design mistakes that have hurt the competitive position of our area; and Whereas:The Buffalo region has suffered nationally from several surveys and articles that have painted it as a racially divided and closed-off city; and Whereas:There are qualified minority-owned professional firms which could be involved with the formation of these important plans including: Robert T. Coles, PC, Architect; Edward Watts, PC, Environmental Engineering; Warren Barbour, Anthropologist; B. Arnold and Associates, Planning and Design Management Consultants; and others; and Whereas:None of these firms or individuals are involved with the important initiatives mentioned above, leaving those initiatives without the comprehensive and diverse perspective that is necessary for them to be truly representative and relevant. Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Community Development, the President of the Buffalo Economic Renaissance Corporation, the Superintendent of the Buffalo Schools, the Commissioner of the Erie County Department of Environment and Planning, and the Executive Director of the Greater Buffalo-Niagara Regional Transportation Council to file reports detailing any possibilities that remain for the involvement of minority firms in current local planning initiatives; and Be It Further Resolved That: That these reports include an examination of the potential for retrofitting existing contracts and arrangements to include minority firms in order to broaden the perspective of the plans and help insure their community-wide acceptance; and Be It Further Resolved That: This Common Council requests the Commissioner of Community Development, the President of the Buffalo Economic Renaissance Corporation, the Superintendent of the Buffalo Schools, the Commissioner of the Erie County Department of Environment and Planning, and the Executive Director of the Greater Buffalo-Niagara Regional Transportation Council to file written policies for minority professional involvement in all future planning initiatives undertaken by their agencies; and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to the NAACP, the Buffalo Urban League, the Office of Urban Initiatives and the National Conference. Mrs. LoTempio moved, That the Last Two Resolves be adopted and the remaining items be referred to the Committee on Legislation. ADOPTED. NO. 136 By: Mr. Coppola Page 59 98-1201.txt COUNCIL OPPOSES EXIT FEES Whereas:Exit fees, also known as Competitive Transition Charges were included in the PSC's final decision regarding Power Choice; and Whereas:To this day, the citizens of the City of Buffalo do not know what those charges will be; and Now, Therefore, Be It Resolved: That this Common Council requests Niagara Mohawk to submit the exit fees also known as CTC fees to the Special Committee on the Study of Municipalization of Electrical Services in Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES NO. 137 By: Mr. Fontana, Mr. Quintana TOLL PLAZA'S (SOUTH OGDEN & NIAGARA SECTION Whereas:One of the main entryways into our city is the Niagara section of the thruway; and Whereas:The State of New York is one of only a handful of states that charges tolls on it's roadway system; and Whereas:While charging the users of a highway system is an equitable solution to road repair costs it's not a particularly good way to welcome people into our downtown; and Whereas:It is vital to encourage people from the city and surrounding areas to come downtown and support it's shops and cultural events; and Whereas:The tolls are just another deterrent to a booming downtown; and Now, Therefore, Be It Resolved: That this Common Council support the removal of the toll booths at South Ogden Streets and the Black Rock toll barrier in order to make our city more accessible to the surrounding area's; and Be It Finally Resolved: That the city clerk send certified copies of this resolution to the New York State Thruway Authority as well as the State Senate and State Assembly. ADOPTED NO. 138 By: Mr. Franczyk: BOND RESOLUTION $74,000 BONDS RECONSTRUCTION OF FIRE STATIONS ACCOUNT NO. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $74,000 General Improvement Bonds of said City to finance the cost of the reconstruction of various fire stations for the Fire Department, at the estimated maximum cost of $74,000. 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 Seventy-Four Thousand Dollars ($74,000), pursuant to the provisions of Page 60 98-1201.txt the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the reconstruction of various fire stations for the Fire Department. 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 $74,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, 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, "Fire Station Improvements, 1998-99" Account No. 200-402, and shall be used for the purpose specified in Section I 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 $74,000. 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. 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 Page 61 98-1201.txt after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: December 1, 1998 LAID ON THE TABLE NO. 139 By: Mr. Franczyk RESOLUTION REPEALING $2,500,000 BONDS GENESEE STREET RECONSTRUCTION ACCOUNT 200-401 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on September 22, 1998, Item No. 272 authorizing the issuance of $2,500,000 General Improvement Serial Bonds of said City, to finance the cost of Reconstruction of Genesee Street, at the estimated maximum cost of $2,500,000. Whereas, this Common Council heretofore adopted a bond resolution of September 22, 1998, Item No. 272 authorizing the issuance of $2,500,000 General Improvement Serial Bonds of said City, to finance the cost of Reconstruction of Genesee Street, at the estimated maximum cost of $2,500,000 (Account No. 200-401); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, therefore, be it resolved, That the bond resolution heretofore adopted by this Common Council on September 22, 1998, Item No. 272 authorizing the issuance of General Improvement Serial Bonds of said City, to finance the cost of Reconstruction of Genesee Street, at the estimated maximum cost of $2,500,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be it further resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. Laid on the Table NO. 140 By: Mr. Franczyk CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 1998-99 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1998-99 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 402 Division of Buildings Main - Tupper Police Precinct $2,500,000 PASSED AYES- COPPOALA, FONTANA, GRAY, KAVANAUGH, Page 62 98-1201.txt LOTEMPIO, MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI-9 NOES-BROWN, FRANCZYK, HELFER, PITTS-4 NO. 141 By Mr. Franczyk TRANSFER OF FUNDS-DEPARTMENT OF FIRE That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $8,000 be and the same is hereby transferred within the Department of Fire and said sum is hereby reappropriated as set forth below: From: 21 -0 Department of Fire 011 - Fire Fighting Services 427 - Clothing $8,000 To: 21 -0 Department of Fire 031 - Fire Headquarters & Station House Maintenance 114 - Overtime $8,000 PASSED. AYES-13. NOES-0. NO. 142 By: Mr. Franczyk Transfer of Funds COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $3,100,000 be and the same is hereby transferred within the Department of Public Works - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 203 Capital Projects Fund 402 - Division of Buildings 016-Shea's Stage Expansion Project $3,100,000 To: 292 Capital Projects Fund 402 - Division of Buildings 001-Shea's Stage Expansion Project $3,100,000 PASSED. AYES-13. NOES-0. NO. 143 By: Mr. Franczyk ENSURE SAFETY OF FRANCZYK PARK WHEREAS:THE GUS FRANCZYK PARK WAS BUILT AT LEWIS AND BABCOCK STREETS IN THE LATE 1980'S; AND, WHEREAS:The history and construction of the park was complicated by site conditions, mainly the existence of chemicals left over from the parks former use as industrial site and junkyard; and, WHEREAS:Consultant test borings in 1984 revealed the existence of various industrial chemicals; and, Page 63 98-1201.txt WHEREAS:In 1986, the Common Council opposed any park construction at Lewis and Babcock Streets unless it was determined to be safe for residents; and, WHEREAS:A Common Council Babcock Street Park Task Force raised the question of chemical contamination at the site long before park construction; and, WHEREAS:Nevertheless there was a need for a new park and residents of the Franczyk park community conducted a 200-person pro-park rally in 1985; and, WHEREAS:It was determined that the park project could go forward if an appropriate and safe cap of fill or soil was used to cover the Franczyk Park site; and, WHEREAS:A letter from the New York State Department of Environmental Conservation dated December 30, 1985 states that " a minimum of 12 to 18 inches of soil would be more appropriate to preclude exposure to the fill and to minimize the infiltration of precipitation into the fill (at the Babcock St. site)" should it be built; and, WHEREAS:The park was subsequently constructed with a larger and thicker amount of fill, as recommended by the DEC; and, WHEREAS:The Buffalo area, known as Region 9, is one of the most heavily contaminated regions in New York State, and it was not uncommon for industry and chemical facilities to exist side-by-side with residential properties prior to the introduction of zoning after 1916 in Buffalo; and, WHEREAS:Earlier this year, new chemical emissions seeped out of the soil at two sites at Franczyk Park; and, WHEREAS:The city's Environmental Management office quickly and responsibly asked the Common Council to authorize new testing at the site, which was approved by the Council before and after its summer 1998 recess; and, WHEREAS:The Parks Department fenced off the areas with the emissions on Lewis and Babcock Streets; and, WHEREAS:Preliminary test results show a level of arsenic has leeched from the soil at Babcock Street; and, WHEREAS:Although these emissions have not been deemed an immediate threat to the public, every and all precaution must be taken to ensure public health and safety; NOW THEREFORE BE IT RESOLVED: That this Common Council ask that the following action be taken: * Request the Environmental Management office to update the Council on the results of the testing of chemical emissions at Franczyk Park; Request a response and action plan from the DEC; Request an action plan from all appropriate city departments, including Parks and Community Development; Develop a plan for remediation of the site, including time table, funding, etc,; Close the park altogether if it is determined the arsenic levels or other chemical emissions are any danger to the public. The park can be reopened after it has been cleaned and remediated. Initiate testing of citizens for health impacts if warranted BE IT FURTHER RESOLVED: That the Common Council requests that the NYS Departments of Environmental Conservation (DEC) and Health (DOH) join in forming an ongoing Franczyk Park Task force with City officials and community residents; and, Page 64 98-1201.txt BE IT FINALLY RESOLVED: That certified copies of this resolution be sent to the Regional Directors of the NYS DEC and DOH. REFERRED TO THE COMMITTEE ON FINANCE, ENVIRONMENTAL MANAGEMENT COMMISSION, DEPARTMENT OF HEALTH, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION, AND DEPARTMENT OF ENVIRONMENTAL CONSERVATION. No. 144 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 04 - DEPARTMENT OF AUDIT & CONTROL 2 - DIVISION OF ACCOUNTING 001 ACCOUNTING The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 04 Department of Audit & Control 2 - Division of Accounting 001 Accounting, which reads: 1 Data Processing Equipment Operator $ 25,061 - $28,119 Is hereby amended to read: 1 Senior Data Processing Equipment Operator $ 26,543 - $ 30,542 1 Data Processing Equipment Operator $ 25,061 - $ 28,119 (Janet Sanfilippo, Only) IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, JOEL A. GIAMBRA, Comptroller, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Michael B. Risman Corporation Counsel PASSED. AYES-13. NOES-0. No. 145 By: Ms. Gray SALARY ORDINANCE AMENDMENT 030 - MAYOR AND EXECUTIVE DEPARTMENT 001 EXECUTIVE The Common Council of the City Of Buffalo does ordain as follows: Page 65 98-1201.txt That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 030 Mayor and Executive Department 001 Executive, which reads: 1 Confidential Aide to the Mayor $ 63,753 1 Executive Staff Manager $ 53,515 1 Special Assistant to the Mayor III $ 48,211 Is hereby amended to read: 1 Executive Staff Manager $ 59,000 1Confidential Aide to the Mayor $ 57,000 1Special Assistant to the Mayor III $ 49,211 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, ANTHONY M. MASIELLO, Mayor, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant of Section 454 of the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel 11/20/98 PASSED AYES-13. NOES-0. NO. 146 BY:MR. HELFER, MRS. LOTEMPIO, MR. FONTANA, MR. ZUCHLEWSKI, MS. GRAY, MR. FRANCZYK, AND MR. QUINTANA URGE GOVERNOR PATAKI TO INCLUDE CHARTER SCHOOL FUNDING IN 1999-2000 BUDGET Whereas: In California in the mid-1980s, a group of educators began debating the idea of freeing teachers to create their own public schools; this debate eventually grew into the concept known as charter schools- and Whereas: In 1991, Minnesota passed the nation's first charter school law; the first charter school opened its doors in St. Paul, Minnesota, in September, 1992; and Whereas: Since that time, 33 states, as well as the District of Columbia and Puerto Rico, have passed charter school laws; there are currently more than 1,100 charter schools operating throughout the United States; and Whereas: New York State Governor George E. Pataki proposed legislation regarding charter schools to the New York State Legislature during its 1997-1998 session; charter school legislation is currently before the State Senate and Assembly; and Whereas: Charter schools are public, non-sectarian schools; they must abide by all health, safety, and civil rights laws and they may not discriminate based on gender, age, race, disability, intellectual ability, achievement, aptitude, athletic ability, national origin, religion, ancestry, ethnicity, or district; Page 66 98-1201.txt and Whereas: Any child who is qualified under New York State law for admission to a public school is qualified for admission to a charter school; in addition, charter schools cannot charge tuition; and Whereas: Charter schools are autonomous; they create competition with schools run by the local district, and they offer students, educators, and parents the opportunity to work together to further educational goals; and Whereas: This Honorable Body adopted a resolution on February 3, 1998, in support of the concept of charter schools; and Whereas: Charter school advocates in the City of Buffalo and throughout New York State continue to lobby New York State legislators to pass charter school legislation; in addition, charter school advocates are also lobbying New York State officials to dedicate funding for charter schools; and Whereas: As New York State Governor George E. Pataki prepares his budget, it is important for the Buffalo Common Council to reiterate its support for the concept of charter schools and ask that Governor Pataki include funding for charter schools in his budget; Now, Therefore Be It Resolved: That the Buffalo Common Council remains supportive of the concept of charter schools and urges Governor George E, Pataki and the New York State Senate and Assembly to keep this issue at the forefront of New York State's agenda and Be It Further Resolved: That this Council reiterates its request for the New York State Legislature to grant permission for the City of Buffalo to establish charter schools on a pilot basis; and Be It Further Resolved: This Honorable Body urges Governor Pataki to include funding for charter schools or, at a minimum, funding for a City of Buffalo pilot charter school program, in his 1999-2000 proposed budget; and Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to Governor George E. Pataki, the members of the Western New York delegation of both the New York State Senate and Assembly, and the Buffalo Board of Education. ADOPTED. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, PITTS, QUINTANA & ZUCHLEWSKI-11. NOES-BROWN, KAVANAUGH, WILLIAMS-3 NO. 147 By:Mr. Helfer WAIVE PERMIT FEES FOR UHCDA ACQUISITION REHABILITATION RESALE PROGRAM Whereas: The University Heights Community Development Association (UHCDA) developed an Acquisition Rehabilitation Resale Program to maintain and improve the existing University District housing stock and provide safe, affordable housing opportunities for first time home buyers with low/moderate incomes, and Whereas: The Acquisition Rehabilitation Resale Program is an important component of the ongoing effort to revitalize and strengthen the existing housing stock in the University District; and Page 67 98-1201.txt Whereas: The Program involves acquiring vacant or abandoned properties, rehabilitating them, and returning them to the City tax rolls by selling them to income-eligible owner occupants; and Whereas: UHCDA has already rehabilitated and sold several properties; a number of other properties are currently in various stages of rehabilitation; and Whereas: The rehabilitation process results in numerous permit fees which create an additional financial burden for UHCDA; and Whereas: Programs such as UHCDA's Acquisition Rehabilitation Resale Program are very important because they help stabilize the existing housing stock, promote home ownership, and revitalize our City; Now, Therefore, Be It Resolved: That the Buffalo Common Council supports the goals of the University Heights Community Development Association's Acquisition Rehabilitation Resale Program; and Be It Further Resolved: That this Honorable Body authorizes the waiving of all permit fees incurred through the University Heights Community Development Association Acquisition Rehabilitation Resale Program. PASSED. AYES-13. NOES-0. NO. 148 By: Mrs. LoTempio & Mr. Coppola ORDINANCE AMENDMENT CHAPTER 12 -- ETHICS, CODE OF The Common Council of the City of Buffalo does hereby ordain as follows: That Section 12-9 of Chapter 12 of the Code of the City of Buffalo be added to read as follows: 12-9. Applicant disclosure. A. Where a person requests the City or a City officer, official or employee to take or fail to take any action (other than a ministerial act) that may result in a financial benefit both to the requester and to either any officer, official or employee of the City, the requester shall disclose the names of any such persons, to the extent known to the requester at the time of the request. B. If the request is made in writing, the disclosure shall accompany the request. If the request is oral and made at a meeting of a public body, the disclosure shall be set forth in the public record of the body. If the request is oral and not made at a meeting of a public body, the disclosure shall be set forth in writing filed with the City Clerk. 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 Michael B. Risman Corporation Counsel NOTE:Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 149 By: Mrs. LoTempio, Mr. Coppola: Page 68 98-1201.txt ORDINANCE AMENDMENT CHAPTER 12 -- ETHICS, CODE OF The Common Council of the City of Buffalo does hereby ordain as follows: That Section 12-4 of Chapter 12 of the Code of the City of Buffalo be amended to read as follows: 12-4. Contents of annual disclosure statement. A. The annual statement of financial disclosure shall contain the information and shall be in the form set forth below; provided, however, that the final form of the annual disclosure statement may be amended from time to time by the Board of Ethics in order to comply with the intent of this chapter and applicable law. [ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FOR CITY OF BUFFALO, NEW YORK FOR 199_ Answer all questions completely; write "none" in each case where appropriate, or in a question is not applicable, write "not applicable" and attach a detailed statement explaining why. PART A 1. Name and Address _______________________________________________ Last Name Middle Initial First Name _______________________________________________ Title ____________________________ __________________ Department or Agency _______________________________________________ Department or Agency Address _______Telephone No. _____________________________ __________________ Residence Address Telephone No. 2. Spouse and Children Provide the name of your spouse (if married) and the names of any dependent children: _____________________ ______ __________________ Spouse Child _____________________ _________________________ Child/Age Child 3. Interest in Contracts Describe any interest of you, your spouse or your dependent children in any contract involving the city or any municipality located within the City of Buffalo. Name of Family Member Contract Description _______________________________________________ _______________________________________________ _______________________________________________ . Political Parties List any position you held within the last five (5) years as an officer of any political party, political committee or political organization. The term "political organization" includes any independent body or any organization that is affiliated with or a subsidiary of a political party. ________________________________________________ ________________________________________________ ________________________________________________ ______________________________ Signature Date PART B Note:For questions 5 to 8, do not report exact dollars amounts. Instead, report categories of amounts, using the following. Category A: Under $5,000 Page 69 98-1201.txt Category B: $5,0011 to $10,000 Category C: $10,001 to $25,000 Category D: $25,001 to $50,000 Category E: $50,001 to $100,000 Category F: Over $100,000 5. Financial Interests a. Business positions. List any office, trusteeship, directorship, partnership or other position in any business, association, proprietary or not-for-profit organization held by you and your spouse and dependent children, if any, and indicate whether these businesses- are involved with the City of Buffalo in any manner. Name of Position Organization City Department or Family Member Agency and Nature of Involvement b. Outside employment. Describe any outside occupation, employment, trade, business or profession providing more than $1,000/year for you and your spouse and dependent children, if any, and indicate whether such activities are regulated by any state or local agency. Name of Position Name, Address and State or Category Family Member Description of Local of Organization Agency Amount __________ _______ _______________ _______ ______ __________ _______ _______________ _______ ______ __________ _______ _______________ _______ ______ __________ _______ _______________ _______ ______ c. Future employment. Describe any contract, promise or other agreement between you and anyone else with respect to your employment after leaving your city office or position. _______________________________________________ _______________________________________________ _______________________________________________ d. Past employment. Identify the source and nature of any income in excess of $ 1,000 per year from any prior employer, including deferred income, contributions to a pension or retirement fund, profit sharing plan, severance pay or payments under a buy-out agreement. Name and Address Description of Category of Income Source (i.e., pension, deferred, etc.) of Amount _______________ ______________________ _________ _______________ ______________________ _________ e. Investments, Itemize and describe all investments which exceed a value of $5,000., except for investments held as shares or fractional interests of an entity or enterprise and the value of the investment does not exceed 5% of the total value of the entity or enterprise in any business, corporation, partnership or other assets, excluding personal savings and retirement accounts, but including stocks, bonds, loans, pledged collateral and other investments, for you and your spouse and dependent children, if any. List the location of all real estate, including your personal residence, in which you, your spouse or dependent children, if any, have an interest, regardless of value. Name of Description of Name and Address Category Family Investment of Business or of Amount Member Real Estate ________ ___________ ________________ ________ ________ ___________ ________________ ________ ________ ___________ ________________ ________ f Trusts. Identify each interest in a trust or estate or similar beneficial interest in any assets in excess of $2,000., except Page 70 98-1201.txt for IRS eligible retirement plans or interests in an estate or trust of a relative, for you and your spouse and dependent children. Name of Family Trustee/Executor Description Category Member Trust/Estate of Amount ______________ ______________ ___________________ ______________ ______________ ___________________ ______________ ______________ ___________________ g. Other income. Identify the source and nature of any other income in excess of $ 1,000./year from any source not described above, including teaching income, lecture fees, consultant fees, contractual income or other income of any nature, for you and your spouse and your dependent children, if any. Name of Family Name and Address Nature of Category Member of Income Source of of Amount ______________ _________ ________ ________ _______ ______________ _________ ________ ________ _______ ______________ _________ ________ ________ _______ 6. Gifts and Honorariums List the source of all gifts received in the past year from the same or affiliated source aggregating in excess of $100. received during the last year by you, your spouse or dependent children, excluding gifts from a relative. The term "gifts" includes gifts of cash, property, personal items, services, payments to third parties on your behalf, loans, forgiveness of debt, honorariums, travel, entertainment, hospitality, tickets, any financial transaction on terms not available to the general public, and any other payments that are not reportable as income. The term "gifts" shall not include normal hospitality or promotional materials received within the past year if such hospitality or materials which when aggregated by source, do not exceed $100. in value and are not received in circumstances in which it might reasonably be inferred that they were given with the intention to influence or reward you in relation to the performance of your duties. Name of Family Name and Address of Category of Amount Member Donor _____________ _________________ ________________ _____________ _________________ ________________ _____________ _________________ ________________ 7. Third-Party Reimbursements Identify and describe the source of any third-party payment or reimbursement for City of Buffalo travel-related expenditures in excess of $250. for any matter that relates to your official duties. The term "reimbursement" includes any travel-related expenses provided by anyone other than the city for speaking engagements, conferences or fact-finding events that relate to your official duties. Source Description Category of Amount ___________ _____________________ ________ ___________ _____________________ ________ ___________ _____________________ ________ 8. Debts Describe all debts of you, your spouse and dependent children in excess of $5,000., other than retail accommodations such as charge accounts, lines of credit, and credit cards extended in the normal course of business which are ordinarily available to the general public by financial institutions and/or merchants and which are not Page 71 98-1201.txt extended in circumstances in which it might be reasonably inferred that they were extended with the intention to influence or reward you in relation to the performance of your duties: Name of Family Name and Address of Creditor Category of Member Amount ____________ _________________________ ________ ____________ _________________________ ________ ____________ _________________________ ________ ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FOR THE CITY OF BUFFALO, NEW YORK FOR [YEAR] City Position(s) Board(s) and/or Committee(s) Paid Unpaid If the answer to any of the following questions is "none," please so indicate. "Close Relative" means your spouse, child, step-child, brother, sister, parent. or a person you claimed as a dependent on your latest state or federal income tax return. 1. Name and Address. ______________________________________________ Last Name First Name Middle Initial ______________________________________________ Title ______________________________________________ Department or Agency ______________________________________________ Department or Agency Address Telephone No. ______________________________________________ Residence Address Telephone No. 2. Spouse and Children. Please provide the name of your spouse (if married) and the names of any dependent children: ________________________________________________ spouse__________________Child/Age ________________________________________________ Child/Age________________Child/Age 3. Interest in Contracts. Describe any interest of you or a close relative in any contract involving the City or any municipal corporation located within the City of Buffalo. Name of Family Member Contract Description _____________________________________________ _____________________________________________ _____________________________________________ 4. Political Parties. List-any position you Held within the last five (5) years as air officer of any political committee or political organization. The term "Political organization" includes any independent body or any organization that is affiliated with or a subsidiary of a political party. ________________________________________________ ________________________________________________ ________________________________________________ 5. Gifts and Honorariums. List the source of all gifts received in the past year from the same or affiliated source aggregating in excess of $100.00 received during the last year by you or a close relative, from any person or organization having had a regulatory or Financial relationship with the City within the past two (2) years or expected to have such a relationship Page 72 98-1201.txt within the next two (2) years, excluding gifts from a relative. The term "gifts" includes gifts of cash, property, personal items, services, payments to third parties on your behalf, loans, forgiveness of debt, honorariums, travel, entertainment, hospitality, tickets, and any financial transaction on terms not available to the general public. The term "gifts" shall not include normal hospitality or promotional materials received within the past year if such hospitality or materials which when aggregated by source, do not exceed $100.00 in value and are not received in circumstances in which it might reasonably be inferred that they were given with the intention to influence or reward you in relation to the performance of your duties. ________________________________________________ ________________________________________________ ________________________________________________ 6. Real Estate. Real Estate. List the address of each piece of property you or a close relative own or have a Financial interest in (including an interest through a family trust or business organization). List only real estate that is in the City of Buffalo or within five (5) miles of the boundary of the City of Buffalo. Name of Family Relationship to Address of Real Type of Member You Estate Investment [E.g.: John Jones Father 1 Main Street, Buffalo Ownsl ________________________________________________ ________________________________________________ ________________________________________________ 7. Your Employment,or Business. List the name of any employer or business from which you receive compensation for services rendered or goods sold or produced or of which you are a member, officer, or employee. It is not necessary to disclose the name(s) of your employer's or business's clients and/or customers. Name of Employer Nature of Your or Business Business Type of Business Relationship [E.g: Monument Realty Real Estate Agency Partnership Employee ________________________________________________ ________________________________________________ ________________________________________________ 8.Your Spouse's Employment or Business. List the information in question 7. for your spouse. Name of Employer or Business Nature of Business Type of Business Spouse's Relationship [E.g.: Pottery Ltd Pottery Manufacturer Corporation ____Treasurer] ________________________________________________ ________________________________________________ ________________________________________________ 9.____Investments. List your interest or any close relative in an entity which has had Financial or regulatory activity with either the City or City Development Agency within the last two (2) years or is expected to have such activity within the next two (2)years, except for a publicly traded business organization of which you own less than five percent (5%) of the outstanding stock or ownership interest. It is not necessary to disclose Page 73 98-1201.txt personal savings accounts and retirement accounts. Name of Family Relationship to Name of Involvement Member You Business Entity with City [E.g.: John Jones Father Acme Corp. Supply contractorl ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Signature________________________Date After completion, remove the original of this statement (if applicable, the Transaction Disclosure Statement) from the disclosure booklet, make and retain a copy for your records, and place the original and receipt form in the envelope provided marked "Confidential," and return to the City Clerk on or before the due date. If mailed, an acknowledgment of receipt will be sent to you for your records. If you hand deliver the statement, request a date and time stamped receipt. Please keep this booklet, the copy of your completed statement and receipt for your records. B.____In addition to the annual statement of Financial disclosure provided in Paragraph A above, the annual statement of Financial disclosure for city officers or employees described in 12-3 of this chapter shall contain the additional information and shall be in the form set forth below; provided, however, that the final form of this annual disclosure statement may be amended from time to time by the Board of Ethics in order to comply with the intent of this chapter and applicable law. 10. Other Financial Interests. a. Outside Employment Describe any outside occupation, employment, trade, business or profession providing more than $1,000 year for you or a close relative, if any, and indicate whether such activities are regulated by any state or local agency. I Name of Position Name, Address and State or Family Member Description of Local Organization Agency ________________________________________________ ________________________________________________ ________________________________________________ b. Future Employment. Describe any contract, promise or other agreement between you and anyone else with respect to your employment after leaving your City office or position. ________________________________________________ ________________________________________________ ________________________________________________ c. Past Employment. Identify the source and nature of any income in excess of $1,000 per year from any prior employer, including deferred income, contributions to a pension or retirement fund, profit sharing plan, severance pay or payments under a buyout agreement Name and Address Description of of Income Source (i.e., pension, deferred, etc.) ________________________________________________ ________________________________________________ ________________________________________________ 11.Third-Party Reimbursements. Page 74 98-1201.txt Identify and describe the source of any third-party payment or reimbursement for City of Buffalo travel-related expenditures in excess of $250.00 for any matter that relates to your official duties. The term "reimbursement" includes any travel-related expenses provided by anyone other than tire City for speaking engagements, conferences or factfinding events that relate to your official duties. Source_______________Description 12. Loans and Debts. Describe all loans and debts of you or a close relative in excess of $5,000 (excluding retail accommodations such as primary mortgages, home equity loans, charge accounts, lines of credit, and credit cards extended in the normal course of business which are ordinarily available to the general public by financial institutions (for example, banks) and/or merchants and which are not extended in circumstances in which it might be reasonably inferred that they were extended with the intention to influence or reward -you in relation to the performance of your duties): Name of Family Member Name and Address of Creditor ________________________________________________ ________________________________________________ ________________________________________________ Signature Date 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 _________________ Corporation Counsel NOTE:Matter in brackets to be deleted; matter underlined is new. MBR:DRH/dh T:\WP60\MSWORDNSWORD\AMENDMNnCH12-4a.doc November 24,1998 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 150 By: Mr. Manley ERECT BANNER ALONG SOUTH PARK AVENUE Whereas:Sorrento Cheese Company, Inc. would like to hang 14 banners along South Park Avenue; and Whereas:Sorrento Cheese Company, Inc. has previously hung banners on South Park and will meet the requirements provided by the Public Works Department; and Therefore The Common Council grants permission to Sorrento Cheese Company, Inc. to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Council. PASSED AYES-13, NOES-0 NO. 151 By: Mr. Pitts Mrs. Williams WATER MAIN BREAK - SHERMAN/PECKHAM STREETS Whereas:On Wednesday, November 25, 1998, one of the City's largest water mains ruptured, forcing the evacuation of residents near Sherman and Peckham streets, and the surrounding area; and Whereas:An estimated 40 to 50 million gallons of water erupted from the ground as it took city workers more than six hours to shut valves that stopped the flood; and Page 75 98-1201.txt Whereas:Many homes were damaged and basements flooded; Now, Therefore, Be It Resolved That: The Commissioner of Public Works provide this Council with a full report on the water main break at Peckham and Sherman Streets which occurred on Wednesday, November 25, 1998; and Be It Further Resolved That: (1) A committee consisting of the Commissioner of Public Works, Corporation V Counsel, representative from American Anglian, and the District Councilmember be established to monitor and satisfy claims from the Sherman/Peckham water main break. (2) The City along with American Anglian find the appropriate funds to satisfy all claims. (3) The Mayor's Impact Team develop a process for the clean-up of basements in this area. ADOPTED NO. 152 By: Mr. Quintana USE CITY TAX SURPLUS TO REBATE CURRENT YEAR TAXES OR REDUCE THE GARBAGE USER FEE Whereas:City officials have recently announced a $5.6 million surplus for fiscal year 1998-99; and Whereas:Mayor Masiello and Comptroller Giambra have announced tentative plans to hold this surplus as a cushion against the tax increase that might result from reapportionment; and Whereas:City taxpayers have been hit hard in recent years with high property taxes and the garbage user fee; and Whereas:Taxpayers deserve to pay only for the services they receive in a given year and sizable surpluses such as the one generated last year should be returned to taxpayers at the earliest possible opportunity; and Now, Therefore, Be It Resolved That: This Common Council go on record in favor of returning the 1998-99 City surplus to taxpayers, either in the form of a rebate on January's property tax bill or as a rebate on their garbage user fee in the third or fourth quarters of this fiscal year; and Be It Further Resolved That: Copies of this resolution be sent to Mayor Masiello and Comptroller Giambra with a request for their response. REFERRED TO THE COMMITTEE ON BUDGET NO. 153 By: Dale L. Zuchlewski SENTENCING FOR ROBERT J. POLLINO Whereas:Robert J. Pollino, owner of "Tender Touch," a hot-oil rub establishment, located at 1872 Niagara Street, in the Black Rock section of Buffalo's North District, obtained a permit for this facility by sliding through a loophole in the City's Zoning Law; and Whereas:The owner of "Tender Touch" has recently plead guilty in State Supreme Court to the charge of promoting prostitution; and Whereas:Resident complaints to the North District Council Office and to the Buffalo Police have aided the Vice Squad in their investigation of activities at this establishment; and Whereas:Neighborhood residents feel the presence of this type of business and its clientele does not promote a Page 76 98-1201.txt positive family environment; and Whereas:This business was moved to Black Rock after being located in the Town of Tonawanda; similar activities were suspected at that location; and Whereas:Robert J. Pollino is presently free on bail pending his sentencing on January 13, 1999, in the courtroom of State Supreme Court Justice Penny M. Wolfgang; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby appeal to State Supreme Court Justice Penny M. Wolfgang to impose the maximum sentence on January 13, 1999 to Robert J. Pollino; and Be It Further Resolved: That this Honorable Body urge State Supreme Court Justice Penny M. Wolfgang, at the January 13, 1999 sentencing to order the "Tender Touch" establishment, at 1872 Niagara Street, closed; and Be It Finally Resolved: That the City Clerk send a certified copy of this resolution to State Supreme Court Justice Penny M. Wolfgang. ADOPTED NO. 154 By: Mr. Zuchlewski DESIGNATE WEST HERTEL ACADEMY AS A COMMUNITY SCHOOL Whereas:West Hertel Academy (School #94), which provides some after-school activities, is located in an area of Buffalo serviced by some community-based organizations that also provide after-school activities. However, the facility has the capability of providing a variety of additional programs; and Whereas:A comprehensive academic-based, after- school program would allow the school the opportunity to service the diverse population of the community and assist students in attaining new standards set forth by the New York State Department of Education; and Whereas:West Hertel Academy is seeking to provide the students with experiences to which they may not otherwise have access. A program that would offer activities and some athletics unique to the school and its students is being proposed. This program would include swimming, golf, project-based community services, conflict resolution, life skills instruction, a literature-based project that involves locally based authors, and a computer program that would allow students to learn new software to be utilized in real life situations benefiting the school and the community; and Whereas:Such an after school program would provide the students with legitimate tools to build a successful academic career; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo designate West Hertel Academy (School #94) a community school; and Be It Further Resolved: By designating West Hertel Academy a community school, it will allow for the utilization of Community Development Block Grant monies from the specified North District funding. ADOPTED NO. 155 By: Mr. Zuchlewski Page 77 98-1201.txt FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Mark V. Mistretta By Councilmember James W. Pitts Felicitation for Census Bureau 2, 000 census By Councilmember James W. Pitts Felicitation for The New Testament Revival Center (Church on the move) By Councilmember James W. Pitts ADOPTED NO. 156 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commission of Deeds for the term ending December 31, 2000, conditional upon the person so appointed certifying under oath to their qualifications and fIling same with the City Clerk: Mary Ann Pyrak Donna J. Vaccaro Rochelle K. Herring Jeanette E. Kiedrowski Gregory A. Luka Robert E. Hill Sandy E. Winkowski Dianne M. Pesshyn Ann Marie Mancuso Alexandra Ellicott Doreen S. Posmantur Craig Postmantur Virginia Dale Theresa Michalski Norbert D. Orlowski Timothy J. Orlowski Beverly Ann Muma Mary Alice Mason Dorothea V. R. Schuler Lisa D. Nice Leslie Ann Sickau Adele B. Mundt Anne De George Shawna M. Rose Diana Martin Eileen Rogowsky Susan H.Judd Joanne M. Burdick Virginia P. Norn-is Cynthia M. Voit Gloria Phillips Eileen Spooner Thu-Cuc Tingley Janice W. Jackson Gail E. Buch Clara R. Sciandra Norma J. Stading Amanda J. Pew Annette C. Ryerson Kim M. Gipp Laurie A. Smith Page 78 98-1201.txt Brenda A. Stevens Candice A. Kopti Eilleen M. Denz Esther M. Gonzales Eva N. Perez Debra L. Engelskirger Steven M. Casey Charles Ambrus Joanne M. Nowalowski Diane M. Wicher Richard J. Horner,jr. William Delmont Maurice L. Garner James P. Keane ADOPTED NO. 157 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED-PERFORMANCE OF PUBLIC DUTIES That tlie following persons are hereby appointed as Commissioner of Deeds for the term ending December 31 2000 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Valerie Ruff Abbate, Celeste Chuchla, Christine Irene KlinkoAbdallah, Florence Clark, Michael Donna Marie DavisAbrams, MichaelCohen, Judith Abruzzino, BarbaraCohen, Lewis Roberta M. Rzeszutek, Aikman, DorothyColangelo, Dominic Valaine M. PerezAlf, Carol Cole , Annette Courney CoppolaAnderson,ChrisCole, Kathleen Alfred T. CoppolaAnderson, JohnConklin, Darold James W. PittsAnthony, SherrineCook, Peter Roscoe Henderson,III Aquila, Robert Cordero, Martin David Richard A. Fontana Atkinson, ThomasCross, Carolyn Barbara Miller-Williams Auer, Janet Cummings, Catherine Backes, Jennifer Cybulski, John Vernee WilkinsBaczkowski, DavidD'Orazio, Pasquale Joe D. DavisBaker, Thomas Daughtry, Gladys Rosetta J. KennedyBaker, Sherry Davis, Eileen B everly A. GrayBallesteros, MaryDavis, Patricia Jacqueline WhiteBarkley, JeanDeamer, Brad Willie MorrisBattaglia, MichaelDearlove, Cheryl Batterson, CarolDeCarlo, Frank Shirley IschBecker, PatriciaDeisz, Robert Jeanine Conley Baran,DeLucci, Mary Rise T. Geller-AlongiDenny, Robert Connolly, Nancy A. Bertosino, DeniseDirr, Michele Crowe, Donald A. Billick, JudithDiSamo, Angela Fitzgerald, Laurie A. Blake, ElizabethDivito, Patricia Guadagno, Lori MBleyle, ElaineDonato, Jeffery LeVesque, Rachelle L. Block, Dennis Donohue, Eloise Mann, Elizabeth A.Bochiechio, Julianna Dropik, Daniel Meegan, Andrea L. Bohn, KimberlyDziewa, Lisa Schneider Laura J. Bojan,RobertEllero, Dave Sikorski, Janet V.Bojanowski, PaulElvers, Jeanne Andrews, DavidBorek, DuaneErnst, Kathleen Baker, Timothy J.Boulange, ChadesErnst, Robert Page 79 98-1201.txt Bayerl, Martin H.Boyle, ElaineErwin, Juanita Bienko, Kenneth M.Brenner, Jill Evans, Barbara Carr, Mary E. Brock, Warren Evans, Viola Eberhart, John C. Jr Brooker, Susan Evoy-Marren, Ruthann Fields, Raymond A.Brown, CadFanton, Michele Gaspar, Mary E. Burkard, Mary Farr, Barbara Hempling, Edward C. Burke, MargaretFarrell, Nancy Joseph, Randie J. Butkowski, Lod Fassel, Agnes Keane, Kevin JByrd, Carrie Finstad, Patricia Malecki, Leo W.Callahan, JudithFischer, Doreen Mullen, William J.Camino, VictoriaFisher, John Munoz, GilbertoCaputi, Esther Fitzgerald, Maureen O'Sullivan, Evelyn A Caputi, MichaelFlaiban, Debra Plesac, Katherine A. Carabello, Manuel Flemming, Elizabeth Pratts, JamesT.Fling Todd Richardson, MarieCarboni, TracyFlorek, David Rodriguez, David A. Cardina, Teresa Shea, James P. Carmer, ClaireFlynn, John Smith, Thomas C. Carr, MichaelFoley, Susan Tighe, Thomas J. Castelletti, Anthony Forbragd, Josephine Wainwright, Ronald R. Caster, DianeFrank, Richard Walton, Jonathon D. Catalano, Marie Grace Fritchey, Jay Whalen, Robert ChampagneCheryl Frydrychowski Donna William, Robert J. Chmielewski, Joanne Gable, Sally Zangara, Ralph S. III Christopher, Fred Gaffin Joanne Gaskill Franklin Gburek Paul Gehring Ellen Gentili Judith Germain Richard Girard Patricia Glaser Heidi Goemer Paul Goetz Judith Gonciarz Mike Gonzalez Concepcion Goodie Greg Goran Ronald Gould Cad Graczyk William Graham Theresa Grasso Rose Pokrandt Janine Gray William Green Donna Green Eileen Grzedzicki Robert Guard Jacyra Hagen Muriel Hairston Carol Harris Beverly Haygood Charetha Heirned Christine Herec Judith Hoch Irene Hoellig Sharon Howling Patricia Huber Andrew Huber Beverly Page 80 98-1201.txt Hudson Jeanette Hughes Shaun Itson Marsha Itzenplitz. Susan janaski Diane Jankowski Candice Janson Andrew Jarosz Maralouise Jaworek Beverly Johnson Theresa Jok Stanley Josik James Juneau Cindy Karnholtz Shari Kaye Claudia Kedzierski Andrew Keefe Noreen Kern Maria Klak Michael Klaskala Maria Klein Sydney Klein Elaine Kline John Knezevic Michele' Kocialski Marietta Koerber Marie Konicki Timothy Kowa[ Michael Kowalyk Christine Kroll David Kubala Kandida Kuehne Jude Kumar Debra Klipfel Kim Kvashay Linda Kwiatowski Judith Lam Shirley LaManna James Lauria Theresa Lauria Thomas Ledoux Sylvester Lee Carolyn Leous Margaret Lewis Roshelle Liberanti Michael Lindner Carol Lindstrom Heather Upke Arleen Long Nancy Long Dennis Longboat Patricia Lougen Michael Lunge Janet Lutman Karen Maloney Margaret Markey Donna Martens Lynn Martin Kristen Martin Ruby Matkovita Ilona Mayer Judith McCann Marlene McCann Christine Page 81 98-1201.txt McCarthy Sharon McCormick Wendy McCormick Peter McGowan Brian McMahon Margaret McMullen Raymond McQuillan Roderick Meade Judy Mehs Maryann Meiler Sue Melzer Esther Mengay Margaret Michalski Chris Miller Mary Ellen Miller Marie Milton Patricia Minotti Daniel Miranda Donna Mitchell Ellen Moch Patricia Mondo Anne Montoro Mary Morrison Charles Mueller Marc Murray Colleen Murray Mary Anne Musial Patricia Napierski Jane Nardozzi Susan Needell Thomas Neuman John Nitzer Cindy Novak Julia Nucherno Frank Nunz Katherine O'Brien Tracey O'Conner James O'Conner Sheila O'Donnell Sandra Orshal Sharon ostrowski Susan Owens Doris Pahr Peter Paige Elaine Pajek Patricia Palovich Patricia Panczykowski Catherine Patenaude Ronald Penberthy James Pfenninger Arthur Pfonner Kathleen Phillips Joanne Pinto Joseph Podlewski Gerald Provenzo Craig Puleo Geraldine Quinlan Arnalia Quinn Francis Radzwill John Ralls Lucy Ramunno Lawrence Ray Kathleen Reach Kathleen Page 82 98-1201.txt Reed Maryanne Reeves Dave Rinaldo Candace Rivera Abigail Rivera Roslyn Rivera Luz Rizzo Carolyn Rogers Steven Rornan-Awwad Gloria Rosowski Barbara Ro.zmus Sharon Rusiniak Thomas Rybij Gene Sajecki Michael Sajecki Chris Saladyga Frank Saxer Juliana Scazafavo Dianne Schaaf Richard Schabert Linda Schar-hag Gloria Schmelzer Gary Schwartz Candace Sciog Kevin Seipel-Maher Lynn Severin Susan Shaw Sharon Shaw Barbara Sigman Maurice Siwiec Sandra Smith Linda Smolinski Jan Sobolewski Carol Somerville Thomas Soos Mary Louise Sorbini Patricia Spencer Gary Spielman Karen Stalica David Steward Lucinda Strychasz Elizabeth Sukaczow Olga Sullivan Patricia Sullivan Nelson Summers Susan Suwalski Thaddeus Swiatek Maryanne Szikszay Esther Szymoniak Norman Szymura Stephen Teubner Rosemary Thayer Brian Thomas Kenneth Trietley George Trifiletti Philip Trimper Mary Tucker Harold VanEvery Donald Vauderhaeghe Rosemary Vaughan Dorothy Washington Lillie Wawrzyniak Michael Weinstein Barry Page 83 98-1201.txt Weitzel Robert Williams Ruth Wode Donna Wolcott Patricia Woods Jane Woods Flora Wright Karen Young Maxine Young Nancy Zauner Mark Zeckhauser Margery ZuIewski Margery Bunkley Sandra Terrell Patricia Kocik Roslind Evans Tara Abram, Elijah jr. Ahern, Michael S. Antonio, Mark S. Battaglia, George jr. Bowen, William E. Cotter, Edward M. Dee, James T. Devlin, Albert J. Downs, Timothy S. Fatta, Carlo A. jr. Figueroa, Daniel Flowers, Michael J. Foster, Chiquita A. Hill, Robert E. Jordan, Johnnie S. Judge, Michael D. Lonergan, James P. Losi, Salvatore P. Lyon, Genevieve A. Malkowski, Steven R. McDonald, Patrick J. McLellan, Harold M. Miller, Brian J. Morgan, Mark Moscato, Joseph I. Mussehl, Bruce L. Mydlarz,Anna Nicosia, Steven J. Pace, Dominic R. Ramunno, Phillip A. Rinaldo, Thomas A. Ring, Timothy D. Sadlocha, Lawrence M. Santucci, Richard A. Sardina, Pasquale V. Semonian, Richard D. Skinner, Paul Don Smith, Goerge E. Smith-Michael D. Smith,William M. Williams, Carol Williams,Danny Wisniewski, Marilyn Zwelling,Robert G. Anthony J. Barone Catherine Baudo Joseph M. Baudo, Jr. Page 84 98-1201.txt Kathleen Beeny Robert Cefalu Pamela DiPalma Joseph E. Jordan Julie Olszewski Robert O'Sullivan Teresa Pleasant Michael A. Rehak Kathryn L. Schnell Marilyn Wetter Jill White Mary Beth Wiles Carier, Charles P. Cosimano, Pamela A. Macmillan, Christine M Mahoney, Eileen Meyler-Pirk, Jeanne Panikowski, Helen V. Paulisczak, Anne E. Redmond, Margaret Reilly, Patricia A. Schuster, Mary Pat Stabler, Mildred A. Wacienga, Janet M. Williams Debra A. ADOPTED UNFINISHED BUSINESS NO. 158 BOND RES. - $140,000 - MONUMENT RESTORATION (NO. 164, C.C.P., NOV. 17,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana. CARRIED Mrs. LoTernpio now moved approval of the above item. Seconded by Mr. Fontana PASSED NO. 159 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service - Tuesday, December 8, 1998, 9:30 A.M. Finance - Tuesday, Dec. 8, 1998 following Civil Service Legislation - Tuesday, December, 8, 1998 at 2:00 P.M. Community Dev. - Wed., Dec. 9, 1998 at IO: 00 A.M. Education - Wednesday Dec. 9, 1998, 2:00 P.M. in Rm 1417. Ancillary Meeting Special Committee on Budget will be meeting on Monday, December 7,1998, at 9:00 A.M. in Room 1417 City Hall. Special Committee on Munic' alization of Electrical Services will be meetin on Wednesday, December 2, 1998 at 2:00 o'clock P.M. in Room 1417. Gretchen A. Pound Council Reporter NO. 160 ADJOURNMENT Page 85 98-1201.txt On a motion by Mrs. LoTempio, Seconded by Mr. Zuchlewski the Council adjourned at 3:00 p.m. CHARLES L. MICHAUX, III CITY CLERK Page 86