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Home My WebLink About98-0623 98-0623.TXT No. 13 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JUNE 23, 1998 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 98-0623.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, (JUNE 29, 1998) AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Kavanaugh, LoTempio,Manley, Pitts, Quintana, Williams and Zuchlewski - 11. ABSENT - Gray, Helfer-2 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on (JUNE 9, 1998) were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD Page 2 98-0623.TXT NO. 1 CITY PLANNING BOARD, PUBLIC HEARING FOR HOPE VI LAKEVIEW DEVELOPMENT PLAN Pursuant to Public Housing Law S 150, the City Planning Board held a public hearing at its regular meeting held Tuesday, June 16, 1998, to consider the matter captioned above. The notice of the public hearing was duly published in "The Buffalo News" on Saturday, June 6, 1998. The Planning Board voted to close the hearing and to hold a special meeting to consider the information which it received at the hearing, and additional information if necessary. The meeting will take place on Tuesday, June 23, 1998, in Room 901 City Hall, at 9:00 a.m.. RECEIVED AND FILED NO. 2 D. CRAWFORD, REQUEST TO PLACE A SIDEWALK CAFE AT 115 CHICAGO ITEM NO. 36, C.C.P., MAY 26, 1998 The City Planning Board voted to receive and file the matter captioned above, since your Honorable Body has already approved the sidewalk cafe. RECEIVED AND FILED NO. 3 M. CRAMER, REQUEST TO PLACE AN OUTDOOR CAFE AT 185-187 ALLEN STREET ITEM NO. 88, C.C.P., JUNE 9, 1998 The City Planning board at its regular meeting held Tuesday, June 16, 1998, considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Restricted Uses in the Allen Street District. The applicant seeks to expand an existing restaurant into an adjacent seating area. The area is located entirely on private property. The expansion of eating and drinking places is considered a restricted use in the Allen District which requires the approval of your Honorable Body. Under SEQR the proposed expansion is considered a Type 2 action which does not require further environmental review. The Planning Board voted to approve the proposed expansion with the following conditions: 1) that there are no trash receptacles placed in the outdoor cafe area, 2) that the outdoor cafe area close by 11:00 nightly, and 3) that quiet music will be permitted in the outdoor cafe area with a one-year review in June 1999. RECEIVED AND FILED NO. 4 C. HAUN, REQUEST TO PLACE A SIDEWALK CAFE AT 951 ELMWOOD AVENUE ITEM NO. 89, C.C.P., JUNE 9, 1998 The City Planning Board at its regular meeting held Tuesday, June 16, 1998, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Review of Sidewalk Cafe Encroachments. The applicant seeks to place a sidewalk cafe at an existing restaurant. Under SEQR the proposed sidewalk cafe is considered a Type 2 action which does not require further environmental review. The Planning Board voted to approve the proposed cafe with the following conditions: 1) that no music is played from the Page 3 98-0623.TXT sidewalk cafe area, 2) that there are no trash receptacles placed in the sidewalk cafe area, and 3) that the sidewalk cafe area close by 11:00 nightly. RECEIVED AND FILED NO. 5 T. KEOHANE, REQUEST TO PLACE A POLE SIGN AT 487 NIAGARA STREET ITEM NO. 91, C.C.P., JUNE 9, 1998 The City Planning Board at its regular meeting held Tuesday, June 16, 1998, considered the matter captioned above, pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an illuminated pole sign which will have a sign face area of 18 square feet and an overall height of 11 feet. Under SEQR the proposed sign is considered a Type 2 action which does not require further environmental review. The Planning Board voted to approve the proposed sign. FROM THE BOARD OF ETHICS NO. 6 MEETING MINUTES 4/21/98 & 3/10/98 PRESENT HON. BUSWELL ROBERTS, CHARLES L. MICHAUX III DOUGLAS COPPOLA, JAMES MAGAVERN SISTER DENISE ROCHE DAVID HAYES FOR MICHAEL RISMAN,CHARLES CARR ABSENT MICHAEL RISMAN The meeting was called to order at 8:45 by Hon. Buswell Roberts. The minutes of the March 10, 1998 meeting was approved by Douglas Coppola, seconded by Charles Carr. The BEDC and DDI request for an extension for filing the 1998 Annual Disclosure form was granted by the board. They are required to file by June 30, 1998. Pending from the March 10th meeting of Cheryl Yeates is still tabled for the next meeting for further discussion. Anthony Diina had filed a State Ethics form and is going to be requested that he has to file the City form. Letter of resignation received from Phil Nasca was received and filed. Also, the letter received from Suzanne Pacholski informing the board her husband Robert is on the Charter Revision Commission was received and filed. Pending from the March 1Oth meeting regarding the Water Finance Authority concluded that the City's Code of Ethics has no Jurisdiction over them and do not have to file the Annual Disclosure Form. James Magavern notified the board that he was nominated member and chair of the Charter Revision Commission. The Ethics board concluded their was no conflict of interest if he sits on that board. An updated list of filers of boards and commissions was submitted to all members. The board requests that the Law Department start mailing first notifications to all non-filers The board also requests that the Mayor be notified of all non-filers and fines that have not been paid. The meeting adjourned at 9:35 am CITY OF BUFFALO BOARD OF ETHICS MARCH 10, 1998 MEETING PRESENT HON. BUSWELL ROBERTS, CHARLES L. MICHAUX III, DOUGLAS COPPOLA, JAMES MAGAVERN, SISTER DENISE ROCHE, DAVID HAYES FOR MICHAEL RISMAN Page 4 98-0623.TXT ABSENT, CHARLES CARR, MICHAEL RISMAN The meeting was called to order at 8:45 by Hon. Buswell Roberts. Maura Cohens letter of February 11th regarding her fine was responded by the board on February 19th citing the section that she had violated. The board concluded that no ethical violation was found. Both correspondences were received and filed. Joseph Makowski had sent the board two letters regarding his fine. The board suspended his fine until a further investigation is conducted on the Water Finance Authority if they have to file. The letter of resignation from Willie Evans was received and filed and he will be informed that his fine is rescinded. Michael Norwood sent a letter asking the board to give the Youth board a one-month extension to file their Disclosure Forms. The board concluded that it was not necessary because they are exempt from filing the form. A letter was sent to the Mayor listing all persons who were fined for non-filing of the 1997 Ethics forms. The board asked the Mayor if they don't comply would he remove them from their respective boards. A letter was sent to Joanne Schwartz stating that the board still imposed the fine for her late filing of the Disclosure form. Also, a letter was sent to Cynthia Schwartz rescinding her fine because she did file in a timely manner. To date Francesca Mesiah, Mark Goldman, Evelyn Kerney, Maura Cohen and Joanne Schwartz have paid their fines. The City Clerks Office supplied the Board members with an updated list of filers of the 1998 Annual Financial Disclosure Statement. The meeting adjourned at 9:35a.m. FROM THE COMPTROLLER NO. 7 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENTS 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 $4,928,572 be transferred and reappropriated from the Various Departments, as set forth below: The amounts to be transferred represent unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 81-3-000 Fringe Benefits 151 NYS Police & Fire Retirement System $1,128,886 176 Reserve for Agreements with City Unions 3,799,686 TOTAL $4,928,572 To: 20-1 -001 Dept of Police 110 Salaries -Regular160,327 Office of Police Comm 114 Overtime Pay 143,673 20-1 -011 Dept of Police110 Salaries - Regular388,600 Detective Bureau 114 Overtime Pay 215,352 120 Court Time 234,783 20-1-012 Dept of Police 110 Salaries - Regular1,759,508 Patrol Services 114 Overtime Pay 528,545 120 Court Time 572,197 20-1-013 Dept of Police 114 OT Pay 112,040 Traffic Services 120 Court Time 53,506 20-1-021 Dept of Police 110 Sal Regular 63,713 Admin & Comm 115 Holiday Pay 13,204 20-1-032 Dept of Police 114 OT Pay 26,753 Fleet Maintenance 121 Acting Time 6,210 Page 5 98-0623.TXT 21 -0-01 1 Department of Fire 121 Acting Time 18,823 Firefighting Services 128 Duty Disability 80,231 571 Medical Services 210,000 21-0-012 Fire Prev & Inv 110 Sal Regular 32,547 21-0-013 Dept of Fire 114 OT Pay 47,089 Support Services 128 Duty Disability 73,379 21-0-023 Fire Alarm Tele Sys 114 OT 42,168 21-0-031 Dept of Fire 110 Sal - Regular 13,779 HQ&Stationhouse Maint 114 OT Pay 8,228 21-0-032 Serv Auto Equip 114 OT Pay 11,758 40-1-012 Div of Eng 110 Sal - Regular 31,419 Lighting of Streets 40-1-014 Division of Eng 132 In Lieu of Summer Hrs. 2,678 Const of Sts 135 Auto Allowance 12,383 40-2-031 Division of Buildings, Operation & Maintenance of Public Buildings 112 Temporary Services 65,679 TOTAL $4,928,572 NO. 8 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENTS 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 $190,920 be transferred and reappropriated from the Various Departments, as set forth below: The amounts to be transferred represent unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 100 General Fund 03-0-001 Mayor & Executive Executive 110 Salaries-Regular$2,775 04-2-001 Div of Acct 110 Sal-Reg 11,692 Accounting Serv 06-2-001 Division of AdministrativeAdjudication Administrative Adj 110 Sal-Regular21,653 06-3-001 Division of Employee & Labor Relations - Labor Relations 110 Salaries-Regular10,000 06-5-001 Treasury 110 Sal-Reg40,000 40-2-031 Division of Buildings Operation & Maint Public Blds 110 Salaries-Regular 3,300 50-1-011 Div of Parks, Parks, Golf Courses & Gardens 110 Salaries Regular 11,500 70-0-013 Dept of St Sanitation 533 Salt & Sand, Cleaning Streets & Snow Removal 90,000 TOTAL General Fund 190,920 To: 100 General Fund 03-0-002 Mayor & Executive, Office of Compliance 135 Auto Allowance2,500 03-4-021 Zoning Board 135 Auto Allowance 275 04-0-001 Comptroller 570 Financial & Acct Services2,648 Page 6 98-0623.TXT 04-0-085 Capital Outlay 982 Office Equipment & Furnishings Overhead Data Projector 9,044 06-4-031 Division of Parking Enforcement 110 Salaries - Regular 18,485 Towing & Storage 114 Overtime Pay 27,514 115 Holiday Pay4,004 550 Rental of Land, Bldgs, Equip13,124 583 Unclassified 8,526 40-2- Division of Buildings 021 Administrative Services 110 Salaries - Regular 1,500 022 Plan & Design Public Buildings 110 Salaries - Regular 1,800 50-1-032 Division of Parks Servicing Automotive Equipment 114 Overtime Pay 11,500 70-0-012 Department of Street Sanitation Vermin & Animal Control 114 Overtime Pay 90,000 TOTAL General Fund $ 190 920 RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENTS 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 $284,725 be transferred and reappropriated from the Various Departments, as set forth below: The amounts to be transferred represent unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 01-1-002 Division of City Clerk Office of Tele 110 Salaries-Regular 73,667 81-3-000 Fringe Benefits 151 NYS Police & Fire Retirement 211,058 TOTAL 284,725 To: 01-0-085 Common Council 982 Operating Equipment & Furnishings, Capital Outlay,Television/Satellite Equipment 51,750 01-1-001 Division of City Clerk, City Clerk ,573 Engineering & Technical Services 21,917 09-0-001 Department of Assessment, Assessment 536 Advertising 211,058 TOTAL284,725 RECEIVED AND FILED NO. 10 INTERFUND CASH LOANS Over the last six years, the City has provided interfund loans Page 7 98-0623.TXT 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 three 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 $2,320,000, Roofs, Phase II, Board of Education, $1,250,000, Exterior Reconstruction of Various Schools, Board of Education, and $570,000, Telecommunications Various Schools, Board of Education. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 100 Gen 200 Capital Proj 299-975-023 BAN/Bond Sale $2,320,000 100 Gen 200 Capital Proj 299-975-024 BAN/Bond Sale $1,250,000 100 Gen 200 Capital Proj 299-975-025 BAN/Bond Sale $ 570,000 Mrs. LoTempio moved: That the above communication from the Comptroller dated June 15, 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 $2,320,000, Roofs, Phase 11, Board of Education, $1,250,000, Exterior Reconstruction of Various Schools, Board of Education, and $570,000, Telecommunications Various Schools, Board of Education. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES- 11 NOES- 0 NO. 11 AMEND LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO SOCIETY OF NATURAL SCIENCES - TIFT NATURE PRESERVE ITEM NO. 62, C.C.P. 12/9/97 AND ITEM NO. 112, C.C.P. 12/23/97 In the above referenced items Your Honorable Body approved a lease agreement between the City of Buffalo and Buffalo Society of Natural Sciences and directed the execution of said lease for the operation of city owned land known as Tift Nature Preserve. The term of this lease was for a five (5) year period with the right, option and privilege of the Society to renew this agreement for two (2) successive renewal periods of five (5) years each with the consent of the City. This lease is not signed by Society of Natural Sciences due to the fact that their Board has expressed concern over this agreement and stated its desire to have either, the right to renew the lease to the second and third five (5) year terms at the sole discretion of the Society, without the right of consent by the City OR approve a longer term of the lease, particularly a ten (10) year initial term with one additional ten (110) year term with the consent of the City. The Society of Natural Sciences has indicated that they expend more than One Hundred Fifty Thousand Dollar's ($150,000) annually to operate the Tift Nature Preserve for which it is not reimbursed by the City or the County; in addition to which, the Page 8 98-0623.TXT Society has and will continue to make a substantial capital investment in capital improvements such as the current project involving the Education Center. For these, reasons the Society's Board has insisted upon a longer term lease (10 years) so long as the Society complies with the provisions contained in the lease agreement. This longer term is necessary to fulfill the Society's current plans to expand the use of Tift in the context of the Society's growing environmental education in elementary school science programs. They are, therefore, requesting Your Honorable Body's support of their proposal for a ten (10) year initial lease period with an option of extension for a second ten (10) year period subject to the normal City of Buffalo review and approval. This office recommends that Your Honorable Body refer this matter to the City's Law Department for their comments and/or recommendations. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 12 VICTORY TEMPLE S.D.A. CHURCH REQUEST FOR USE AGREEMENT FOR COMMUNITY OUTREACH PROGRAM FORMER SCHOOL #23 SITE JULY 5TH - SEPTEMBER 3, 1998 The Office of the Comptroller, Division of Real Estate, has received a request from, Pastor Dwayne Turner of Victory Temple S.D.A. Church, 209 Northampton, Buffalo, New York to use city-owned vacant land at 877 E. Delavan (former School #23 site) for a community outreach project. They are requesting to use this site for the period of July 5, 1998 through September 3, 1998. They have indicated that the project will include a Vacation Bible School, Choral Training, Counseling, Clothing and Can Food Giveaways and nightly services. The program hours will be from 9:00 a.m. - 9:45 p.m. Pastor Turner has advised this office that they have previously held this type of services in 1996 at the corner of Jefferson and Landon with great success and were received well by the community. There will be a trailer on the site that will house the tent master through the night. Security will be on the site for the evening events. The organization has agreed to hold the City of Buffalo harmless from liability and personal injury resulting from their use of the property. They will provide insurance coverage to be approved by the Corporation Counsel. They have also agreed to keep the property free of rubbish and debris while using the property. I am recommending that should Your Honorable Body approve Victory Temple S.D.A. Church's request, it be approved upon the above stated condition. REFERRED TO THE COMMITTEE ON FINANCE NO. 13 CAPITAL DEBT SERVICE FUND DEPOSITS - 1998/1999 FISCAL YEAR Certificate Number 1-98-99 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1998 and ending June 30, 1999 I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Page 9 98-0623.TXT Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1.The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1998 and ending June 30, 1999 is $44,419,278.16. 2.The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1998 through and including November 30, 1998), is $15,469,317.52. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1998 through and including June 30, 1999), is $28,949,960.64. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1998 and ending December 31, 1998 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due - Serial Bonds $2,186,635.63 7/31/98 M & T Trust Company Bflo, New York Serial Bonds 339,170.00 7/31/98 Chase Man Bank, NA New York, New York Serial Bond 1,416,422.50 7/31/98 Marine Midland Bank New York, New York Serial Bonds 242,525.00 7/31/98 Chase Man Bank, NA New York, New York Serial Bonds 528,318.75 8/14/98 Chase Man Bank, NA New York, New York Serial Bonds 608,473.75 8/14/98 Marine Midland Bank New York, New York Serial Bonds 1,885,000.00 8/14/98Marine Midland Bank New York, New York Serial Bonds 245,937.50 8/31/98Marine Midland Bank New York, New York Serial Bonds 165,700.00 10/01/98 Chase Man Bank, NA New York, New York Serial Bonds 403,763.13 09/30/98 Marine Midland Bank New York, New York Serial Bonds 189,856.25 09/30/98 M & T Trust Company Buffalo, New York Serial Bonds 614,621.25 09/30/98 M & T Trust Company Buffalo, New York Serial Bonds1,765,000.00 10/01/98 Marine Midland Bank New York, New York Serial Bonds 172,837.50 10/30/98 Chase Man Bank, NA New York, New York Serial Bonds 36,390.00 11/30/98 M & T Trust Company Buffalo, New York Serial Bonds 1,015,743.76 11/30/98 Marine Midland Bank New York, New York Serial Bonds 402,922.50 11/30/98 Chase Man Bank, NA New York, New York Serial Bonds 140,000.00 12/01/98 M & T Trust Company Buffalo, New York Serial Bonds 1,915,000.0012/01/98 Chase Man Bank, NA New York, New York Serial Bonds 1,195,000.00 12/01/98 Marine Midland New York, New York $15,469,317.52 Page 10 98-0623.TXT 5.The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 1998 is $15,469,317.52. 6.The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1999, and ending June 30, 1999, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $2,186,635.63 01/29/99 M &T Trust Company Bflo, New York Serial Bonds 339,170.00 01/29/99 Chase Man Bank, NA New York, New York Serial Bonds 1,416,422.50 01/29/99 Marine Midland New York, New York Serial Bonds 9,220,000.00 02/01/99 M & T Trust Co Buffalo, New York Serial Bonds 1,722.50 02/01/99 Chase Man Bank, NA New York, New York Serial Bonds 1,365,000.00 01/29/99 Chase Man Bank, NA New York, New York Serial Bond 2,730,000.00 02/01/99 Marine Midland New York, New York Serial Bonds 528,318.75 02/12/99 Chase Man Bank, NA New York, New york Serial Bonds 554,280.00 02/11/98 Marine Midland Bank New York, New York Serial Bonds 1,740,000.00 02/12/99 Chase Man Bank, NA New York, New York Serial Bonds 245,937.50 02/26/99 Marine Midland Bank New York, New York Serial Bonds 1,915,000.00 03/01/99 Marine Midland Bank New York, New York Serial Bonds 189,856.25 03/31/99 M & T Trust Co. Buffalo, New York Serial Bonds 614,621.25 03/31/99 M & T Trust Company Buffalo, New York Serial Bonds 358,535.00 03/31/99 Marine Midland Bank New York, New York Serial Bonds 488,950.00 04/01/99 Chase Manhattan New York, New York Serial Bonds 2,550,000.00 04/1/99 M & T Trust Company Buffalo, New York Serial Bonds 1,005,000.00 04/01/99 M & T Trust Company Serial Bonds 34,192.50 04/30/99 Chase Man Bank, NA New York, New York Serial Bonds 85,000.00 04/30/98 Chase Man Bank, NA New York, New York Serial Bonds 31,770.00 05/31/99 M & T Trust Company Buffalo, New York Serial Bonds 984,926.26 05/31/99 Marine Midland Bank New York, New York Serial Bonds 364,622.50 05/31/98 Chase Manhattan $28,949,960.64 7.The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 1998 is $28,949,960.64. 8.Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M & T Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Page 11 98-0623.TXT Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9.I have this day delivered a copy of Certificate Number 1- 98/99 to the Director of Treasury and to the M & T Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 15th Day of June, 1998 REFERRED TO THE COMMITTEE ON FINANCE NO. 14 REPORT OF AUDIT DEPARTMENT OF PUBLIC WORKS ERIE BASIN MARINA LEASE AGREEMENT In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Erie Basin Marina Lease Agreement audit report for the period May 17, 1997 to October 15, 1997. As of December 31, 1997 the Rhino Room paid the City $82,842.97. Payments were usually made earlier than the required dates specified in the lease agreement. Per our examination of all cash register tapes, we calculated that $78,956.93 was owed to the City. As a result, a refund of $3,886.04 may be due the Rhino Room. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 15 CONTRACT WITH CREDITORS INTERCHANGE INC. A request for proposals for debt recovery services was issued by the Comptroller's office in February 1998. We are procuring services for collection of delinquent user fee accounts and miscellaneous accounts receivable. The contract will cover all types of accounts other than parking violations and administrative which are the subject of the recent contract with Great Lakes Collection Bureau. Five proposals were received in response to the RFP. Proposal review was made by the Director of Collections. The company selected is Creditors Interchange, Inc., located at 50 James E. Casey Drive, Buffalo, New York. The bid for services is 20% (contingency on moneys collected). Creditors Interchange is a locally owned and operated company established in 1960 at the Ellicott Square Building. Its more recent office operation was moved from Cheektowaga to the new Buffalo Industrial Park at Dingens Street in March of this year. The company has grown in size by 30O% over the past two years, currently employing 90 local residents, and expects to once again double its size within the next two years. The company has a commitment to the City of Buffalo and, in particular, to servicing the City's accounts with assignment of a dedicated staff. I submit and request your Honorable Body's approval of the attached contract which has been negotiated between the City and Creditors Interchange and has been approved as to form by the Corporation Counsel. The Director of Collections and representatives of Creditors Interchange will be available at your request to respond to any questions or provide further details. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 16 RESPONSE TO ITEM #69, C.C.P. 6/9/98 Page 12 98-0623.TXT REQUEST TO PURCHASE 378 NORMAL FOR USE BY SCHOOL #77 ITEM NO. 69, C.C.P. 6/9/98 The above referenced item was referred to the Comptroller's Office, Division of Real Estate for a response. This item is a request by the Board of Education to purchase a double house located at 378 Normal Street for use as a potential playground adjacent to School #77. According to Chapter 133, Article III, Section 133-11 Acquisition of Real Property - of the Buffalo Codes it states that the Common Council shall by resolution authorize the Comptroller to acquire real property. The Comptroller shall certify to the Common Council that an appraisal has been made of the real property by an independent appraisers appointed by him when the acquisition price thereof is more than five thousand dollars ($5,000). Since the Board of Education has indicated that they have twenty-five hundred dollars ($2,500) identified in funding in account #AOOO-0050 for the purchase price and has approved funding for same, it would appear that an appraisal would not be necessary since the purchase price would be under five thousand dollars ($5,000). I have been informed by the Board of Education that they have forwarded a letter to the owner of 378 Normal to determine whether or not the owners would in fact consider their offer in the amount of Twenty-Five Hundred Dollars ($2,500). Providing Your Honorable Body approves this acquisition and providing the owners of 378 Normal are in agreement with the purchase price of twenty-five hundred dollars ($2,500), this office would then request the Corporation Counsel's Office to prepare a purchase offer agreement for both parties to sign, once executed we would request the Corporation Counsel's Office to prepare the necessary documents for the acquisition and to have the Mayor execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 UPDATE ON INSTALLATION OF OPEN IMAGE SYSTEM" RES #170, C.C.P. JUNE 9, 1998 ATTACHED IS A STATUS REPORT ON THE AUTOMATED BUFFALO COMMON COUNCIL SYSTEM (BBC) AS PER THE COMMON COUNCIL REQUEST OF JUNE 9, 1998. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective: June 11, 1998, In the Department of: Audit and Control, Division of: Audit, to the Position of: Senior Auditor, Provisional, Promotion, Intermediate, 34,047 Nancy Hammond, 477 McKinley Parkway, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 19 ALLENTOWN ART FESTIVAL Letter is available for review in the City Clerks office REFERRED TO THE COUNCIL PRESIDENT NO. 20 ALLENTOWN VILLAGE SOCIETY, INC. The Allentown Village Society, Inc. has sent various Page 13 98-0623.TXT correspondence to myself, the Mayor and Councilmembers providing its case for keeping the Allentown Arts Festival from changing to allowing what it believes is greater commercialism; particularly from some merchants, as well as "outside" concerns. This controversy, while rooted in the long history of the Festival's development, has blown up into a full media frenzy which now has the Society seriously exploring options which include changing the festival to moving it from Allentown. After meeting with the Society on Wednesday, June 17, 1998 it is clear that the membership is genuinely afraid that next year's festival is in jeopardy! It was strongly emphasized to me that their preference was to stay in Allentown, however, without assurances that the Festival's policies, as sanctioned by the Common Council, would not essentially remain the same, the members felt the present controversy left them no choice. In order to attempt to resolve this controversy and most importantly to keep the Allentown Art Festival in tact, I will form a Special Committee. The Committee will consist of Councilmembers, representatives from the Allentown Village Society, Allentown Association, Mayor's Office and merchants. A schedule of meetings will be provided. REFERRED TO THE COUNCIL PRESIDENT FROM THE COMMISSIONER OF PUBLIC WORKS NO. 21 NOTIFICATION SERIAL #9019 REPEAL ALTERNATE PARKING - TYPE II NORMAL AVENUE BETWEEN HAMPSHIRE STREET AND YORK STREET NO PARKING (ALTERNATE - TYPE 11) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NO PARKING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Normal Avenue, east side 9:00 a.m. - 4:00 p.m. between Hampshire Street Thursday, Friday and York Street Normal Avenue, west side Monday, Tuesday, Wednesday between Hampshire Street 9:00 a.m. - 4:00 p.m. and York Street This action is being taken at the request of the District Councilmember on behalf of Mr. Benjamin Randall, Principal of Grover Cleveland High School. It will provide uniform Alternate Type II Parking on Normal Avenue between Hampshi Street and Porter Avenue. The existing "No Standing School Days" zone on the east of Normal near Porter will be removed as requested. (See next serial) NOTIFICATION SERIAL #9020 INSTALL ALTERNATE PARKING - TYPE 11 NORMAL AVENUE BETWEEN HAMPSHIRE STREET AND PORTER STREET In conformity with Section 49 of Chapter 479 of the Page 14 98-0623.TXT Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Normal Avenue, east side 9:00 a.m. - 4:00 p.m. between Hampshire Street Thursday, Friday and Porter Avenue Normal Avenue, west side 9:00 a.m. - 4:00 p.m. between Hampshire Street Monday, Tuesday, and Porter Avenue Wednesday This action is being taken at the request of the District Councilmember on behalf of Mr. Benjamin Randall, Principal of Grover Cleveland High School. It will provide uniform Alternate Type 11 Parking on Normal Avenue between Hampshire Street and Porter Avenue. The existing "No Standing School Days" zone on the cast of Normal near Porter will be removed as requested. (See previous serial) NOTIFICATION SERIAL #9021 REPEAL OF NO STANDING LAKEFRONT BOULEVARD, EAST AND WEST SIDES FROM WATERFRONT CIRCLE (NORTH LEG) TO HARBOR POINT COMMUNITY (NORTHERLY END OF STREET CUL-DE-SAC) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Lakefront Boulevard, east At all times and west sides From Waterfront Circle (north leg) to Harbor Point Community (northerly end of street cul-de-sac) This action is being taken in order to update our records to reflect current parking conditions on Lakefront Boulevard. (See next serial) NOTIFICATION SERIAL #9022 INSTALL NO PARKING LAKEFRONT BOULEVARD, WEST SIDE FROM WATERFRONT CIRCLE (NORTH LEG) TO HARBOR POINT COMMUNITY (NORTHERLY END OF STREET INCLUDING CUL-DE-SAC) 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. Page 15 98-0623.TXT That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Lakefront Boulevard, west side At all times from Waterfront Circle (north leg) to Harbor Point Community (northerly end of street including cul-de-sac) This action is being taken in order to update our files to reflect current parking conditions on Lakefront Boulevard. (See previous serial) NOTIFICATION SERIAL #9023 INSTALL NO PARKING LAKEFRONT BOULEVARD, EAST SIDE FROM WATERFRONT CIRCLE (NORTH LEG) TO A POINT 750' SOUTH OF THE NORTH BUILDING LINE OF #422 LAKEFRONT BOULEVARD In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Lakefront Boulevard, cast side At all times from Waterfront Circle (north leg) to a point 750 south of the north building line at #422 Lakefront Boulevard This action is being taken in order to update our files to reflect current parking conditions on Lakefront Boulevard. (See previous serials) NOTIFICATION SERIAL #9024 REPEAL ONE-WAY STREET DIRECTION LYTH AVENUE FROM JEFFERSON AVENUE TO PURDY STREET 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 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: ONE-WAY STREET DIRECTION NAME OF ST DIRECTION OF TRAFFIC MOVEMENT Lyth Avenue Westbound from Jefferson Avenue to Purdy Street This action is being taken at the request of homeowners on Lyth Avenue and the Council President. A petition containing the signature of homeowners requesting this action was submitted to, and verified by, this department's Traffic Engineering Section. This department has no objection to the requested parking restrictions changes. (See next 3 serials) NOTIFICATION SERIAL #9025 Page 16 98-0623.TXT REPEAL ALTERNATE PARKING - TYPE II LYTH AVENUE BETWEEN JEFFERSON AVENUE AND PURDY STREET In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Lyth Avenue, south side 9:00 a.m. - 4:00 p.m. between Jefferson Avenue Thursday, Friday and Purdy Street Lyth Avenue, north side 9:00 a.m. - 4:00 p.m between Jefferson Avenue Monday, Tuesday, Wednesday and Purdy Street Monday, Tuesday, Wednesday This action is necessary to accommodate the change to two- way traffic on Lyth Street. (See previous serial and next 2 serials) NOTIFICATION SERIAL #9026 INSTALL ALTERNATE PARKING - TYPE I LYTH AVENUE FROM JEFFERSON AVENUE TO PURDY STREET In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH PORTION OF HIGHWAY PROHIBITED PERIOD Lyth Avenue, south side from Jefferson Avenue 4:00 p.m. Wed to to Purdy Street 4:00 p.m. Sunday Lyth Avenue, north side from Jefferson Avenue 4:00 p.m. Sunday to to Purdy Street 4:00 p.m. Wednesday This action is necessary to accommodate the change to two- way traffic on Lyth Street. (See previous 2 serials and next serial) NOTIFICATION SERIAL #9027 INSTALL STOP SIGNS (ALL-WAY) IN LYTH AVENUE AT JEFFERSON AVENUE In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Lyth Avenue Jefferson Avenue This action is necessary due to the change of Lyth Avenue between Jefferson Avenue and Purdy Street to two-way traffic. Page 17 98-0623.TXT (See previous 3 serials) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 GROUP NO. 345 EXCHANGE STREET - PHASE IV ALABAMA STREET AND LARIVIERE DRIVE ITEM NO. 40; C.C.P. 09/16/97 This is to advise Your Honorable Body that I have advertised and received bids on June 17, 1998 for Exchange Street from Louisiana Street to Van Rensselaer Street, Alabama Street and LaRiviere Drive. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: CONTRACTOR TOTAL BID PRICE 1. Destro Bros. Concrete Co. Inc. $2,536,600.00 2. C. Destro Development $2,671,249.00 3. Depew Development $2,894,777.00 4. MPJ Contracting $2,969,173.50 5. Visone Construction, Inc. $3,034,705.00 Corrected Total I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Concrete Company, Inc. and I respectfully recommend that Your Honorable Body order the work in the base bid of $2,536,600.00, plus approved unit prices for an additional $152,400.00, for a total of $2,689,000.00. Phase I will be charged to a Division of Water Capital Bond Fund. The costs for Phase II-A and Phase III Construction are to be charged to Capital Bond Fund No. 202-401-501-00-000. Additional funding from an Industrial Access Program and Community Development should be forthcoming for Phase II-B. The Engineer's estimate for this work is $3,100,000.00. 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 August 1, 1998. Individual bid submissions are available in our office for inspection and copies are available upon request. In order to complete this work by the opening of Graphic Controls (two locations), your immediate approval of this award is necessary. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 18, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Exchange Street - Phase IV - Alabama Street and LaRiviere Drive, to Destro Brothers Concrete Co. Inc., the lowest responsible bidder, at a base bid of $2,536,6000.00 plus approved unit prices for an additional $152,400.00, for a total encumbrance in the amount of $2,689.000.00. Funds for Phase I will be charged to a Division of Water Capital Bond Fund and Phase 11-A and Phase III Construction are to be charged to Capital Bond Fund No. 202- 401-501-00-000. PASSED AYES- 11 NOES- 0 Page 18 98-0623.TXT NO. 23 REPORT OF BIDS RECONSTRUCTION OF CURBS & SIDEWALKS - 1998 GROUP 4474 ITEM#134,C.C.P.3/17/98 ITEM # 1 26, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on June 10, 1998 for the Reconstruction of Curbs & Sidewalks - 1998, Group #474. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: C. Destro Deve Co., Inc. Base BidUnit Price Inc $535,825.00* $589,407.50* Falcone Concrete Co. $545,800.00* $599,382.50* P & J Construction Co. $577,075.00 $630,657.50 M.P.J. Contracting, Inc. $598,115.00 $651,697.50 Master's Edge, Inc. $669,305.00 $722,887.50 Surianello General Contracting Co. $680,225.00* $733,807.50* Depew Development, Inc. $687,555.00 $741,137.50 C & C Contractors, Inc. $687,755.00 $741,337.50 Campobello Construction Co., Inc. $727,090.00* $780,672.50* *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #202-401-002-00-000 in an amount of $535,825.00 plus approved unit prices not to exceed $53,582.50 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $589,407.50 . The engineer's estimate for this work is $667,700.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by Monday, July 27, 1998. Individual bid submissions are available in our office for inspection and copies are available upon request. Also attached is an itemized list of locations for your review. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Curbs & Sidewalks - 1998 Group #474, to C. Destro Development Co., Inc., the lowest responsible bidder, at a base bid of $535,825.00 plus approved unit prices not to exceed $53,582.50 as per Item No. 126, C.C.P., 3/3/98 for a total encumbrance in the amount of $589,407.50. Funds for this project are available in the Capital Projects Fund #202-401- Page 19 98-0623.TXT 002-00-000. PASSED AYES- 11 NOES- 0 NO. 24 REPORT OF BIDS RESURFACING OF CITY PAVEMENTS 11 - 1998 MULTI-MODAL PROJECTS GROUP #472 ITEM #134, C.C.P. 3/17/98 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on June 10, 1998 for the Resurfacing of City Pavements 11 - 1998, Group #472. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro Bros Concrete Co., Inc. BASE BID UNIT PRICE IN 541,310.00 $594,441.00 C. Destro Dev Co.,Inc. $612,810.00 $666,941.00 Master's Edge, Inc. $635,160.00 $689,291.00 Amherst Paving, Inc. $714,285.00 $768,416.00 The following is a list of locations targeted with the Multi-Modal Project - 1998: Curbing, Fillmore Avenue Martin Luther King Park Paving, Fillmore Avenue between North Parade & E. Ferry Paving, Fillmore Avenue between E. Delavan & Kensington Paving, West Humboldt Pkwy. between E. Delavan & E. Utica Paving, Appenheimer Street between Fillmore Avenue & Chelsea Paving, North Parade Street between Northampton & E. Parade Reconstruction, Fillmore Avenue & Woodlawn Avenue Intersection Curbing - both sides, Masten Avenue between E. Ferry & Northland Curbing - Perimeter of Martin Luther King Park, Fillmore to Genesee I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund 4200-401-569-00-000 in an amount of $541,3 10.00, plus approved unit prices not to exceed $54,131.00 as per ltem #126,C.C.P. 3/3/98 for a total encumbrance of $595,441.00. The engineer's estimate for this work is $600,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by Monday, July 27, 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 June 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Resurfacing of City Page 20 98-0623.TXT Pavements 11 - 1998, Multi-Modal Projects, Group #472, to Destro Brothers Concrete Co., Inc., the lowest responsible bidder, at a base bid of $514,3 10.00 plus approved unit prices not to exceed $54,13 1.00 as per Item No. 126, C.C.P.,3/3/98 for a total encumbrance in the amount of $595,441.00. Funds for this project are available in the Capital Projects Fund #200- 401-569-00-000. PASSED AYES- 11 NOES- 0 NO. 25 REPORT OF BIDS PARKSIDE LODGE ROOF REPLACEMENT 84 PARKSIDE AVENUE I advertised for on March 31, 1998 and received the following sealed formal proposals for Parkside Lodge, Roof Replacement, 84 Parkside Avenue, which were publicly opened and read on April 21, 1998. Base Bid Alt. #2 Alt. #3 Alt. #4 Ferraina Const $147,000 $ 7,600 $24,180 $ 9,150 Wilsandra Const $158,000 $13,000 $34,000 $ 9,500 Amherst Maint $159,000 $16,000 $47,000 $ 8,000 New Era Const $206,500 $ 9,500 $29,000 $ 9,460 Progressive Roof $242,000 $34,000 $31,000 $ 9,800 Alternate #2 is to remove eight (8) existing brick masonry piers at north, south, and west porches and replace with battered brick piers. Alternate #3 is to construct west pergola. Alternate #4 is to install 16" batt insulation with vapor barrier above ceiling joists. I hereby certify that the foregoing is a true and correct statement of all bids received and that Ferraina Construction, with a Base Bid of $147,000, plus Alternate #2 for $7,600, Alternate #3 for $24,180, and Alternate #4 for $9,150, for a total amount of One Hundred Eighty Seven Thousand Nine Hundred Thirty and 00/100 Dollars ($187,930.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in CPF 203- 402-503 - Division of Buildings. I am also requesting that Your Honorable Body approve the receipt of $65,000.00 block grant funds (from Account #22- 50206) into CPF 203-402-503 to accomplish this work. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Parkside Lodge, Roof Replacement, 84 Parkside Avenue, to Ferraina Construction, the lowest responsible bidder, with a Base Bid of $147,000, plus Alternate #2 for $7,600, Alternate #3 for $24,180, and Alternate #4 for $9,150 for a total amount of $187,930.00, with said cost to be charged to CH 203-402-503 Division of the Buildings; and That Commissioner of Public Works be, and he hereby is authorized to receive $65,000.00 in block grant funds (from Account #22-50206) to be placed into CPF 203402-503 in order to accomplish this work. PASSED AYES- 11 NOES- 0 Page 21 98-0623.TXT NO. 26 REPORT OF BIDS POLONIA HALL RECONSTRUCTION I advertised for on June 2, 1998 and received the following sealed proposals for Polonia Hall Reconstruction, 285 Paderewski Drive, which were publicly opened and read on June 16, 1998. Electrical Work Electrical Service & Systems Installation, Inc. $32,500.00 Plumbing Work MKS Plumbing Corp. $ 9,876.00 Joseph Carino Plumbing & Heating $11,585.00 H & M Plumbing $13,899.00 A.Gareleck & Sons, Inc. $14,700.00 Elmwood Plumbing, Inc. $16,100.00 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: Electrical - Electrical Svc. & Systems Installation, Inc., $32,500.00 Plumbing - MKS Plumbing Corp., $9,876.00 I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in CPF 203- 402-501 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 17, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Polonia Hall Reconstruction, for Electrical Work to Electrical Service & Systems Installation, Inc., in the amount of $32,500.00; for Plumbing Work to MKS Plumbing Corp., in the amount of $9,876.00, the lowest responsible bidders, with said cost to be charged to CPF 203- 402-501 Division of Buildings. PASSED AYES- 11 NOES- 0 NO. 27 REPORT OF BIDS POLONIA HALL WINDOW REPLACEMENT WORK, HANDICAPPED ACCESSIBILITY, HEATING SYSTEM RENOVATIONS I advertised for on May 19, 1998 and received the following sealed formal proposals for Polonia Hall, Window Replacement Work, Handicapped Accessibility, Heating System Renovations, 285 Paderewski Drive, which were publicly opened and read on June 2, 1998. General Construction Work Picone Construction Co. $202,485.00 C. Nichter Inc. $207,000.00 Nichter Associates Inc. $216,000.00 The Hadala Corp. $234,600.00 All State Development Corp. $235,700.00 The C. H. Byron Co. $292,000.00 HVAC Work Mollenberg Betz, Inc. $ 37,000.00 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 - Picone Construction Corp., Page 22 98-0623.TXT $202,485.00 HVAC Work - Mollenberg Betz, Inc., $37,000.00 I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in CPF 203- 402-501 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 10, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Polonia Hall Window Replacement Work, Handicapped Accessibility, Heating System Renovations, for General Construction Work to Picone Construction Corp., in the amount of $202,485.00; for HVAC Work to Mollenberg Betz, Inc., in the amount of $37,000.00, the lowest responsible bidders, with said cost to be charged to CPF 203-402-501 Division of Buildings. PASSED AYES- 11 NOES- 0 NO. 28 REPORT OF BIDS KLEINHANS MUSIC HALL, PHASE 7A MINOR INTERIOR GENERAL CONSTRUCTION I advertised for on May 26, 1998 and received the following sealed proposals for Kleinhans Music Hall, Phase 7A, Minor Interior General Construction, which were publicly opened and read on June 9, 1998. All State Development Inc. $26,980.00 Picone Construction Corp. $34,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that All State Development Inc. in the amount of Twenty Six Thousand Nine Hundred Eighty and 00/100 Dollars ($26,980.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in CPF 202- 402-012 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 10, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Kleinhans Music Hall Restoration, Phase 7A, Minor Interior General Construction, to All State Development, Inc., the lowest responsible bidder, in the amount of $26,980.00, with said cost to be charged to CPF 202-402-012 Division of Buildings. PASSED AYES- 11 NOES- 0 NO. 29 REPORT OF BIDS WATERLINE IMPROVEMENTS - MILITARY ROAD AUSTIN STREET TO KENMORE AVENUE As authorized by your Honorable Body in CCP 26 of February 17, 1998, plans and specifications were prepared and sealed proposals accepted for the Waterline Improvements on Military Road, Austin Street to Kenmore Avenue. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on June 17, 1998. Depew Development, 4429 Walden Ave, Lancaster, New York 14086 $ 795,340.00 Page 23 98-0623.TXT Kandey Company, Inc., 19 Ransier Drive West Seneca, New York 14224 $ 823,000.00 Mar-Wal Construction Company, Inc. 440 Gould Avenue, Depew, NY 14043 $851,050.00 Visone Construction, Inc., 79 Sheldon Avenue Depew, New York 14043 $ 902,870.00 Paul J. Gallo Contracting, Inc. PO Box 453, East Amherst, NY 14051 $ 940,810.00 Firstrhyme Construction Corp., Inc. 470 Buffalo RD, East Aurora, NY 14052 $ 995,120.00 I certify that the foregoing is a true and correct statement of all as received and that Depew Development Corp., 4429 Walden Avenue, Depew, New York is the lowest responsible bidder complying with the specifications for Waterline Improvements on Military Road - Austin Street to Kenmore Avenue, with their bid of $795,340.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Depew Development Corporation the cost thereof to be charged to the Division of Water's 416-985001-00-000 account in the amount of $795,340.00 plus 10% for approved unit prices for a total encumbrance of $874,874.00. The Engineer's estimate for this work was $1,100,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 18, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Waterline Improvements - Military Road, Austin Street to Kenmore Avenue, to Depew Development Corp., the lowest responsible bidder, in the amount of $795,340.00 plus 10% for approved unit prices for a total encumbrance of $874,874.00, with said cost to be charged to Division of Water's CPF 416-985-001-00-000. PASSED AYES- 11 NOES- 0 NO. 30 CHANGE IN CONTRACT HANDICAP ACCESS RENOVATIONS GENESEE COMMUNITY CENTER PLUMBING WORK I hereby submit to Your Honorable Body the following changes for Handicap Access Renovations, Genesee Community Center, Plumbing Work, Elmwood Plumbing, C #91939300. 1. Install one (1) heavy duty sump pump for elevator pit. Add $ 1,085.00 The foregoing change results in a net increase in the contract of One Thousand Eighty Five and 00/1 00 Dollars ($1,085.00). Summary: Original Amount of Contract $ 20,250.00 Change Order #1 (5/12/98; item #22) Deduct$ 1,557.00 Amount of This Change (No. 2) Add $ 1,085.00 Revised Amount of Contract $ 19,778.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 201-402-007 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the Page 24 98-0623.TXT contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 16, 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 Elmwood Plumbing, an increase in the amount of $1,085.00, as more fully described in the above communication, for work relating to Handicap Access Renovations, Genesee Community Center, Plumbing Work, C #91939300. Funds for this project are available in CPF 201-402-007 - Division of Buildings. PASSED AYES- 11 NOES- 0 NO. 31 C. CARARIA AND OTHERS PETITION NAME CHANGE FROM BUSTI AVENUE TO FRONT PARK AVENUE ITEM NO. 113; C.C.P. 04/14/98 The above captioned item was referred to the Department of Public Works for a report and recommendation. The street in question was shown as "Sixth Street" on the original plan of the South Village of Black Rock. Under Item No. 630 of the Council Proceedings of June 19, 1882, the name of the street was changed from Sixth Street to " Front Avenue . Under the Council Proceedings 1929, at page 451 (February 4, 1929) the street was renamed "Busti Avenue". This was in honor of Paul Busti, one of the original governors of the Holland Land Company, the developer of all of Western New York between the Pennsylvania State line to Lake Ontario. In an effort to avoid confusion, it has been the policy of the Department of Public Works, and many other government agencies to recommend that contiguous streets should have the same name. Segmenting street names causes operational problems for emergency services, U.S. Post Office and other activities which rely on street addresses for identification/location purposes. For these reasons and in honor of Paul Busti, our department opposes the renaming of Busti Avenue to Front Park Avenue. RECEIVED AND FILED NO. 32 WILLIAM L. GAITER PARKWAY - DEDICATION AND NAMING Construction will soon be completed on the Industrial Parkway along the former railroad right-of-way between E. Delavan Avenue and Kensington Avenue. The right-of-way is described as follows: All that tract or parcel of land, situate in the City of Buffalo, County of Erie and State of New York being part of Lot 54, Township 11, Range 7 and further bounded and described as follows: Beginning at a point seventy-five and three hundredths feet (75.03') westerly from the intersection of the north line of East Delavan Avenue (66'wide) and the west line of Olympic Avenue (60'); thence westerly along the north line of East Delavan Avenue a distance of 118.01' Record and 117.35' Measured to a point; thence northwesterly at an interior angle of 11 1 04'38" a distance of 621'+ Record and 628.15' Measured to a point on a curve; thence southerly along a curve to the right having a radius of Page 25 98-0623.TXT one thousand nine hundred forty-three and no hundredths feet (1 943.00') and an arc length of four hundred two and ninety- four hundredths feet (402.94') to a point of tangency; thence southerly a distance of one hundred eighty-five and fifteen hundredths feet (185.15') to a point on the north line of East Delavan Avenue; thence westerly along the north line of East Delavan Avenue a distance of sixty-six and three hundredths feet (66.03') to a point; thence northerly at an interior angle of 88 1 1'29" a distance of one hundred eighty-seven and no hundredths feet (187.00') to a point of curvature; thence northwesterly along a curve to the left having a radius of one thousand eight hundred seventy-seven and no hundredths feet (1877.00') and an arc length of seven hundred fifty-nine and five hundredths feet (759.05') to a point of tangency; thence northerly a distance of one thousand six hundred eighty- three and seventy-one hundredths feet (1683.7l') to the southwest corner of lands appropriated by the State of New York, Map No. 1279, Parcel No. 1282 and recorded in the Erie County Clerk's Office in Liber 8706 of Deeds at Page 313; thence northeasterly along the southerly line of said appropriation a distance of fifty and no hundredths feet (50.00') to the southeast corner of said appropriation; thence northerly along the easterly line of said appropriation a distance of two hundred twenty-three and no hundredths feet (223.00') to the northeast corner of said appropriation; thence northwesterly along the northerly line of said appropriation a distance of sixty-five and no hundredths feet (65.00') to the northwest corner of said appropriation; thence northwesterly along the westerly line of the former Erie Railroad Company a distance of 1384.60' Measured to a point on the south line of Kensington Avenue (as a 82.50' ROW)'; thence northeasterly along the southerly line of Kensington Avenue a distance of 168.58' Record and 170.52Measured to a point; thence southerly at an interior angle of 82 51'03" and a distance of four thousand four hundred twenty-four and twenty- two hundredths feet (4424.22') to the point or place of beginning containing 15.54acres of land more or less. Premises subject to a permanent easement to the City of Buffalo by Conrail Case No. 66159 comprised of Parcels 5-A and 5-B as shown on Map 3811 by City Survey Division, the Division of Engineering, Department of Public Works. Also subject to permanent easements for highway purposes to State of New York, Map No. 954, Parcel 954 and Map No. 955, Parcel 955. 1 am herein respectfully recommending that the above described right-of-way be accepted and officially dedicated by Your Honorable Body as a public street to be named and recorded in the Street Records of the City of Buffalo and shown on the official city map as William L. Gaiter Parkway. Mrs. LoTempio moved: That the above communication from the Department of Public Works dated June 18, 1998, be received and filed; and That this Common Council accept the above described right- of-way and officially dedicate the right of way as a public street to be named and recorded in the Street Records of the City of Buffalo and shown on the official map Parkway. PASSED AYES- 11 NOES- 0 Page 26 98-0623.TXT NO. 33 27 CLYDE AVENUE; PARKING AREA WITHIN CITY RIGHT-OF-WAY Mr. Philip L. Kurnick, owner of Reliable Maintenance Corporation, located at 27 Clyde Avenue, has requested permission to use City right-of-way for the purpose of parking employee vehicles at said address. The proposed right-of-way area to be used for parking measures approximately fifty feet in length, twenty-five feet in width, and is located between the applicant's west property line and the east curbline of Clyde Avenue. The Department of Public Works has reviewed Mr. Kurnick's request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said parking area provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the parking area be comprised of materials which provide a dust free surface. 3.That bollards and/or guardrails be installed in a manner which will prevent vehicles from encroaching into the pavement area of Clyde Avenue. 4.That the applicant be responsible for maintaining said parking area as long as it remains within City right-of-way. 5.That the applicant provide the Department of Public Works with a Certificate of Insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage caused by the installation, use or removal of said parking area. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 34 SEVENTH STREET; CONDUIT WITHIN CITY RIGHT-OF-WAY Mr. Eric R. Vogt, Senior Property Manager of the Shoreline Apartments, located at 200 Niagara Street, has requested permission to encroach City right-of-way on Seventh Street with a conduit. The proposed conduit would connect buildings owned by Shoreline Apartments and located on opposite sides of Seventh Street. The conduit is needed to house closed circuit television cables which will connect to cameras monitoring parking areas as a security measure. The Department of Public Works has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the conduit be installed a minimum of 36 inches below the pavement surface. 3.That the applicant supply the Department of Public Works with a set of "as built" plans showing the location of said conduit. 4.That the applicant supply the Department of Public Works with a five thousand dollar construction in street bond or Page 27 98-0623.TXT Certificate of Insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said conduit. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 35 49 W. CHIPPEWA STREET; REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Frank Luciano, owner of The Atomic Cafe, located at 49 West Chippewa Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty-five feet (251) in length and project seven feet (7') from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Luciano's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed twenty-five feet (25') in length or extend more than seven feet (7') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6.That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 36 1434 HERTEL AVENUE; REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Anthony Rogers, owner of the North Park Cafe, located at 1434 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty feet (20') in length and projects six feet (6') from the building face into City right- of-way. The Department of Public Works has reviewed Mr. Rogers, application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and-has no objection to Your Page 28 98-0623.TXT Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than six feet (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6.That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 37 DIFFERENCE IN PAY WORKER'S COMPENSATION DAVID GOLBA Mr. David Golba, Filtration Plant Maintenance Supervisor (Permanent) in the Division of Water has been on disability from 3/31/98 to the present. 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. Golba is entitled to a difference in pay. The normal salary for 10 days is $1,210.30 (based on daily rate of $121.03) . Less deductions for Federal Tax $186.51, State Tax - $48.65 and FICA/Med. - $91.90 for a total deductions of $32 .06. The payment from the Compensation Carrier is $800.00 bi-weekly making the difference due the employee of $83.24. Bi-weekly payments will continue to be made for a period not to exceed 9/31/98. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 5, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to pay David Golba, Filtration Plant Maintenance Supervisor in the Division of Water the amount of $83.24 for difference in pay allowance under the provisions of the Workers' Compensation Law from 3/31/98 to present. Bi-weekly payments will continue to be made for a period not to exceed 9/31/98. PASSED AYES- 11 NOES- 0 NO. 38 PUBLIC NOTICE 1998-1999 WATER RATES PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held pursuant to Public Authorities Law Section 1048-1 Page 29 98-0623.TXT on July 2, 1998 at 7:00 p.m. local time in the Common Council Chambers, 13th Floor City Hall, Buffalo, New York concerning the establishment of fees, rates or other charges by the Buffalo Water Board (the "Water Board") for the use of or services furnished, rendered or made available by the water system of the City of Buffalo on or after July 1, 1998. A copy of these rates are available in the office of the Secretary of the Water Board located in City Hall, Room 1101 and in the office of the City Division of water/Engineering Office located in City Hall, Room 107 and may be inspected during regular business hours after June 22, 1998. RECEIVED AND FILED NO. 39 AUTHORIZE TRANSFER-DELAVAN ARMORY RES. #173, C.C.P. 5/26/98 The referenced Resolution was referred to this department for a response. I do recommend that the Delavan Armory be acquired from the State of New York. I understand, however, that it is our intention to demolish the building and prepare the site for future housing to be built by Canisius College. After discussion with the Corporation Counsel, I am concerned that a revisionary clause within the deed presented by the State would require that this property revert to the State should it not be used for public purpose. This could possibly block any transfer of the property to Canisius. I suggest that this condition of the deed be altered before we accept that deed. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective May 22, 1998 in the Department of Public Works Division of Engineering to the Position of Junior Engineer, Permanent Appointment at the Intermediate Starting Salary of: $33,717 Steven J. Stepniak, 429 Norwood Ave., Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective: June 8, 1998 in the Department of Public Works Division of Water to the Position of Water Meter Mechanic, Permanent Promotion, at the Intermediate Starting Salary of $24,322 Brian N. Peterson, 253 Villa Avenue, Buffalo, 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective: June 8, 1998 in the Department of Public Works Division of Water to the Position of Water Meter Mechanic Permanent Promotion at the Intermediate, Starting Salary of: $25,728 Kenneth J. Rucinski, 115 Dempster Street, Buffalo, 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 43 CHECK RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00107695 166E-BF-32988 $ 489.15 TOTAL DEPOSIT $ 489.15 The above referenced property has been administratively Page 30 98-0623.TXT forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #610-200-217-00-300. RECEIVED AND FILED NO. 44 EQUIPMENT TRADE-IN We are requesting permission to trade-in our existing ENCAD Novajet IV Mapping Plotter, model #900, serial #CF319, City of Buffalo tag #043292. This will be necessary to off-set the cost of purchasing a new ENCAD PROe6O Plotter. The purchase of this new equipment will be paid for under the ICOPS Grant Program which your Honorable Body authorized permission for the Mayor to accept the funds on 12/31/97 Item #29. The new mapping plotter will allow officers to strategically target crime hot spots within their districts, and provide the tools for gauging how the Department is responding to citizen complaints and concerns. If you have any questions, please feel free to contact Chief Kevin Comerford or Krista Loveless of our Grants Section at ext. 4451. Your attention to this matter will be appreciated. Mrs. LoTempio moved: That the above communication from the Police Department dated June 18, 1998, be received and filed; and That the Commissioners of Police and General Services be, and they hereby are authorized to trade-in a ENCAD Novajet IV Mapping Plotter, model #900, serial #CF319, City of Buffalo tag #043292 for the purchase of a ENCAD PROe6O Plotter. PASSED AYES- 11 NOES- 0 FROM THE CORPORATION COUNSEL NO. 45 IMPLEMENTATION OF COMER SETTLEMENT: COMMUNITY HOUSING CENTER ADMINISTRATOR ITEM NO. 44, C.C.P., 4/14/98 ITEM NO. 139, C.C.P., 5/12/98 This communication is to inform and update this Honorable Body only. On June 17, the United States Department of Housing and Urban Development formally approved the City's selection of Housing Opportunities Made Equal, Inc. ("HOME"), with Buffalo Federation of Neighborhood Centers, Inc. as the administrator and operator of the CHC. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 46 PROPOSED CONTRACT BETWEEN THE CITY OF BUFFALO AND RENTAL ASSISTANCE CORPORATION Attached please find a copy of a proposed contract between the City of Buffalo and Rental Assistance Corporation of Buffalo ("RAC"). This contract would amend and extend the existing agreement the City has with RAC for administration of the City's Section 8 Housing Assistance Payment programs. The Law Department worked with the Department of Community Development in negotiating this new agreement and has no objection to the contract or its form. Should Your Honorable Body decide to approve the City's execution, this Page 31 98-0623.TXT department will then formally approve the same as to form and assist the Commissioner of Community Development in any other way necessary. We therefore recommend that Your Honorable Body authorize the execution of the proposed contract by the Mayor. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 47 REFERENDUM ON MUNICIPALIZATION ITEM NO. 178, C.C.P., 5/26/98 ITEM NO. 50, C.C.P., 6/9/98 You requested a response from the Law Department regarding whether a referendum could be held in relation to commissioning a feasibility study of muncipalizing the electric utility system. Pursuant to Section 411 of the Charter of the City of Buffalo, the Common Council may hold a referendum on subjects within their power to act. The referendum must be authorized by a two-thirds vote of the Council. The results of the vote are binding and mandatory upon the Council. Whatever the outcome of the vote, the Council must act to carry it through. Since it is within the Council's power to commission a feasibility study, they may put the question to the electorate. The question put to the voters must be crafted to provide a definite direction. It cannot be an expression of desire or intent. A referendum that did so would be considered advisory and therefore illegal under New York law. Section 414 of the Charter requires the Corporation Counsel to approve the question as to form before it is submitted to the voters. The question must be worded fairly, and if it requires an expenditure of funds, it must contain an estimate of the cost. A referendum for a municipalization feasibility study would have to provide an estimate of the cost of engaging a consultant to perform the study. If the general election is held within ninety (90) days after the resolution of the Common Council orders the submission of the question, the referendum may be held at the general election in November. If no general election is to be held within the period of ninety (90) days, the Council may in its discretion order the submission of the question either at the next general election (November 1998) or at a special election. If a special election is ordered, it must take place not less than thirty (30) nor more than sixty (60) days after the resolution ordering it becomes effective pursuant to Sections 415 and 416 of the Charter. In conclusion, it is within the power of the City of Buffalo to conduct a referendum on commissioning a feasibility study on municipalization of the City's power stem. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 48 CAZENOVIA PARK PHASE 3 - REPORT OF BIDS Having received permission, Item #51, C.C.P. 3/17/98, to take bids for work in Cazenovia Park, I have asked for and received on June 3, 1998 the following bids for Phase 3 work of the Master Plan asphalt pathway along Potter Road. COMPANY BASE BID Alt. #1 Thomann Paving & Site Contractors $54,850.00 $11,800.00 56 Gunnville Road Page 32 98-0623.TXT Lancaster, NY 14086 American Paving & Excavating $62,500.00 $10,500.00 5880 Thompson Clarence Center, NY 14086 GBH Paving Inc. $65,000.00 $ 8,000.00 24 Willow Green Drive Amherst, NY 14228 Louis Del Prince & Sons $67,430.00 $ 5,710.00 580 Cayuga Road Cheektowaga, NY 14215 Nichter Associates,. $69,400.00 $ 5,000.00 344 Vulcan Street Buffalo, NY 14207-1327 Greenauer Blacktop $94,348.00 $11,000.00 379 French Road West Seneca, NY 14224 Suburban Blacktop Services No Bid No Bid Amherst Paving No Bid No Bid CONSULTANT's ESTIMATE.........$87,686.00 I hereby certify that the foregoing is true and correct statement of the bids received and that Thomann Paving is the lowest responsible bidder at the base bid amount of $54,850.00 in accordance with the plans and specifications. Alternates will not be contemplated at this time. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in the City Bond Fund Account for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 15, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Cazenovia Park Phase 3, to Thomann Paving, the lowest responsible bidder, at the base amount of $54,850.00, with said cost to be charged to City Bond Fund Account. PASSED AYES- 11 NOES- 0 NO. 49 BIDS DELAWARE PARK BASKETBALL COURTS I hereby request permission to take bids for the above project; and have asked for and received the following bids for Delaware Park basketball courts on June 17, 1998: COMPANY BID American Paving 12,300 Thomann Asphalt 13,775 Modified Asphalt 15,800 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of 12,300. Therefore, American Paving, 5880 Thompson Road, Clarence Center, New York is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work Page 33 98-0623.TXT are available in Bond Fund Account 201-717-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 18, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Delaware Park basketball courts, to American Paving, the lowest responsible bidder, at the base amount of $12,300, with said cost to be charged to Bond Fund Account 201-717-005. PASSED AYES- 11 NOES- 0 NO. 50 MULLEN PLAYGROUND BASKETBALL COURT I hereby request permission to take bids for the above project; and have asked for and received the following bids for Mullen Playground Basketball Court on June 18, 1998: COMPANY BID Thomann Asphalt Paving 16,850 American Paving No Bid Del Prince Paving No bid I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $16,850. Therefore, Thomann Asphalt Paving, 56 Gunnville Road, Lancaster, New York is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-601-035. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 18, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Mullen Playground Basketball Court, to Thomann Asphalt Paving, the lowest responsible bidder, at the base amount of $16,850, with said cost to be charged to Bond Fund Account 200-601-035. PASSED AYES- 11 NOES- 0 NO. 51 LEASE AGREEMENT FOR RENTAL OF FIVE (5) LEAD SAFE UNITS. A lease agreement between the City of Buffalo and BMHA for the rental of five (5) Lead-Safe units to accommodate families who are temporarily relocated during the lead abatement of their permanent residence. The City will provide the insurance coverage for damage to the property or injury to persons during the relocation at BMHA units. Attached is a copy for your review. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 52 CONTRACT #91947800 - CHANGE ORDER #1 ROOSEVELT PARK SHELTER HOUSE NORTH BOSTON CONSTRUCTION, INC. - CONTRACTOR After the above contract was awarded and prior to the work commencing, vandals destroyed the glass block wall facing onto what used to be the hockey rink. The following emergency repair work has been ordered due to the potential liability and Page 34 98-0623.TXT circumstances on site. We request this work be added to the above referenced contract in the form of change order #1. Therefore, due to unforeseen contingencies, we recommend and request the following Change Order be added to contract #91947600 be made. SUMMARY 1.Remove and dispose of all glass block(approx. 240 sq.ft.)from wall area. 2.Supply and install area with new CMU with 25% of total area in glass block. Glass block area to match in kind what was vandalized. CHANGE ORDER #1 TOTAL: $5,720.00 Original Contract Amount: $9,150.00 Change Order #1: $ 5,720.00 Revised ContractAmount: $14,870.00 These additional costs and credits have been reviewed by this Division and are found to be fair. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in the City Bond Fund Account for this project. Mrs. LoTempio moved: That the Commissioner of Community Development be and he hereby is authorized to issue change order #1 in the amount of $5,720.00 for contract number 91947800 - Rossevelt Park Shelter House to North Boston Construction PASSED AYES- 11 NOES- 0 NO. 53 TOWNE GARDENS, LTD., 440 CLINTON STREET, BUFFALO, NY 14204 The Department of Community Development presents this request to your honorable body on behalf of the Towne Gardens, LTD complex to provide funding for the 360 apartment units for low to moderate income families, also consisting of a 60,000 square foot plaza. Restructuring of the financing of the development has become necessary due to the following circumstances with funding: 1.)The proposed withdrawal of HUD subsidies, which led to the vacancy at the complex rising from the normal 8 to 10 apartments per month to 33 to 35 apartments per month. The resulting loss of income was approximately $15,000 per month, or $180,000 per year. *Note, this is the difference between the normal vacancies of 8 - 10 per month and the 35 vacancies which the property experienced. 2.)Higher than expected utility usage. *Note: utilities are included in the rent. 3.)A combined debt service of $1,226,747 4.)A slower than anticipated lease-up of the plaza incubator space. As a result $1,180,920.41 is available for operations expenses. The property's anticipated annual operational expense is $1,711,389. This produces an annual deficit well in excess of the revenue necessary. Therefore, financial restructuring among the major lenders has agreed to increase the rent for 132 units which will yield an additional $151,536, as well as the restructuring of the HUD mortgage by a three year deferral of the principal payment. The anticipated annual savings off the mortgage is $237,420.84 M & T Bank has, also agreed to restructure the $3.2 million loan by deferring the principal Page 35 98-0623.TXT payments for the same term as HUD. the anticipated annual savings is $143,458. The property has a $1.7 million 108 loan which was obtained to restore the Towne Gardens Plaza. The 108 loan carries a monthly interest payment of $11,068.17 and a one-time per year principal payment of $90,000. The property cannot pay the $90,000 payment this year or the following year. Therefore the request is being made to the Department of Community Development, on the behalf of Towne Gardens, Ltd., that the $90,000 payment for 1998 and 1999 be advance by the City. It is the intention of Towne Gardens, Ltd. to repay the $180,000 at the end for the term of the 108 loan. It is the request to this honorable body to grant the approval of HOME funds in the amount of $180,000 to Towne Gardens, Ltd to support the 108 Loan piece of the financing of this project. The terms of repayment of HOME funds are as follows: 4% interest only, amortized in 15 years, callable after the 7th year (2005), payment is due in full The HOME funds from the Department of Community Development will be made in two payment of $90,000, the first to cover the July 108 loan payment to HUD by Towne Gardens, Ltd. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 22, 1998, be received and filed; and That this Common Council approve the release of HOME funds in the amount of $180,000 to Towne Gardens, Ltd. to support the 108 Loan piece of the financing of Towne Gardens, Ltd., 440 Clinton Street. The terms of repayment of HOME funds are at 4% interest only, amortized in 15 years, callable after the 7th year (2005), payment is due in full. The HOME funds from the Department of Community Development will be made in two payments of $90,000, the first to cover the July 108 loan payment to HUD by Towne Gardens, Ltd. PASSED AYES- BROWN, COPPOLA, FRANCZYK, KAVANAUGH, LOTEMPIO,MANLEY, PITTS,QUINTANA, WILLIAMS, ZUCHLEWSKI 10 NOES- FONTANA- 1 NO. 54 MAIN-LASALLE REVITALIZATION PROJECT - FINAL GEIS Attached for your information is a Final Generic Environmental Impact Statement for the above-referenced project. If you have any questions, please contact Gregory Bernas in the Division of Planning at 851-5083. Thank you. Mrs. LoTempio moved: That the above communication from the Department of Community Development dated June 12, 1998, be received and filed; and That the Final Generic Environmental Impact Statement for the Main-LaSalle Revitalization Project be, and hereby is approved. PASSED AYES -11 NOES 0 NO. 55 STATE ENVIRONMENTAL QUALITY REVIEW Page 36 98-0623.TXT MAIN/LASALLE REVIT. PROJECT Attached please find a report from Community Development on the State Environmental Quality Review of the Main LaSalle Revitalization Project. The item is on file in the City Clerk's Office. Mrs LoTempio moved: That the State Environmental Quality Review(SEQR) report on the Main Lasalle Revitalization project be and it hereby is approved. PASSED AYES -11 NOES 0 NO. 56 OFFER TO DONATE 1698 BAILEY TO THE CITY OF BUFFALO The Department of Community Development has received an offer from Lee A. Weiss, Attorney for The First National Bank of Chicago, to donate the vacant lot at 1698 Bailey Avenue (31' x 110'), to the City of Buffalo. The lot is adjoining the City-owned vacant lot at 1696 Bailey, 31' x 110'. The Bank has recently acquired the property through mortgage foreclosure. The residential structure has been demolished by the City of Buffalo, at a cost of $20,545. The Bank will agree to pay for the demolition charges, if the City accepts title to the vacant lot. We are recommending that Your Honorable approve the transfer of title for 1698 Bailey Avenue to the City of Buffalo on the following conditions: that the demolition charges are paid for by the First National Bank of Chicago; that the Corporation Counsel be authorized to accept title to the property free and clear of all liens and encumbrances; and that the property is to be used for future development or sale. That the above communication from the Department of Community Development dated June 9, 1998, be received and filed; and That the City of Buffalo accept the transfer of 1698 Bailey Avenue from The First National Bank of Chicago with the conditions that the demolition charges are paid for by the First National Bank of Chicago; that the Corporation Counsel be, and he hereby is authorized to accept title to the property free and clear of all liens and encumbrances; and that the property is to be used for future development or sale. PASSED AYES -11 NOES 0 NO. 57 RESULTS OF NEGOTIATIONS 38 C STREET, 358' E FILLMORE VACANT LOT: 30' X 142' ASSESSED VALUATION: $2,800 The Department of Community Development, Division of In- Rem Properties, has received a request to purchase from Jaymes & Katrina Rodgers of 36 C Street, Buffalo, New York and Carl C. & Jean M. Bishop of 40 C Street, Buffalo, New York 14208. They would like to purchase the respective portion that adjoins their properties. Mr. & Mrs. Rodgers would like to purchase the westerly portion and Mr. & Mrs. Bishop would like to purchase the easterly portion of 38 C Street. They intend to use the property for extra yard space. 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 purchasers. Page 37 98-0623.TXT 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 Sixty Cents (60) a square foot. The results of our negotiations are that Mr. & Mrs. Rogers have agreed to pay Five Hundred Dollars ($500) for the westerly half of 38 C Street and Mr. & Mrs. Bishop have agreed to pay Five Hundred Dollars ($500) for the easterly half. Both parties have agreed to pay for the cost of the transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of the respective portions of 38 C Street to Mr. & Mrs. Rogers and Mr. & Mrs. Bishop in the amount of One Thousand Dollars ($1,000). 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. Mrs. LoTempio moved That the above communication from the Commissioner of Community Development dated June 2, 1998, be received and filed; and That the offer from Jaymes & Katrina Rodgers, residing at 36 C Street, in the sum of Five Hundred Dollars ($500.00) for the westerly half of 38 C Street and Carl C. & Jean M. Bishop, residing at 40 C Street, in the sum of Five Hundred Dollars ($500.00) for the easterly half of 38 C Street, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchasers; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchasers; 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 -11 NOES 0 NO. 58 RESULTS OF NEGOTIATIONS 196 GLENWOOD, 30' W WAVERLY VACANT LOT: 35' X 100' ASSESSED VALUATION: $2,600 The Department of Community Development, Division of In- Rem Properties, has received a request from State Tabernacle Church of God In Christ, 234 Glenwood Avenue, Buffalo, New York 14208, to purchase the above captioned vacant lot. The Church intends to install a paved parking lot for church members. 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. An independent appraisal of the property was conducted by Jones Real Estate Appraisal & Financial Service, Inc., 1325 Kensington Avenue, Buffalo New York 14215, Mr. Robert Jones, appraiser. He has estimated the value of the parcel to be Five Hundred Dollars ($500). 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 Sixty Cents (60) a square foot. The results of our negotiations are that State Tabernacle Church of God has agreed and is prepared to pay Fourteen Hundred Dollars ($1,400), (30 cents a sq. ft.), for this parcel. Page 38 98-0623.TXT They have 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 196 Glenwood Avenue to State Tabernacle Church of God in the amount of Fourteen Hundred Dollars ($1,400). 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. 59 RESULTS OF NEGOTIATIONS 215 GLENWOOD, 110' W PURDY VACANT LOT: 35' X 127' ASSESSED VALUATION: $3,300 The Department of Community Development, Division of In- Rem Properties, has received a request from Max & Natolie White, 213 Glenwood Avenue, Buffalo, New York 14208, to purchase the above captioned vacant lot. Mr. & Mrs. White intend to build a garage on the property. 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. An independent appraisal of the property was conducted by Dennis Walker, Appraiser of Able Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the value of the parcel to be Eight Hundred Fifty Dollars ($850), Nineteen Cents (19) 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 Sixty Cents (60) a square foot. The results of our negotiations are that Mr. & Mrs. White have agreed and are prepared to pay Thirteen Hundred Fifty Dollars ($1,350), or Thirty Cents (30) 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 215 Glenwood Avenue to Mr. & Mrs. White in the amount of Thirteen Hundred Fifty Dollars ($1,350). 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. 60 RESULTS OF NEGOTIATIONS 526 MONROE STREET, 302.57' N SYCAMORE VACANT LOT: 25' X 109' ASSESSED VALUATION: $1,200 The Department of Community Development, Division of In- Rem Properties, has received requests to purchase the above captioned property from Ms. Phyllis Wright of 146 Hartford Street, Amherst, New York 14226 and Ms. Gloria D. Young of 523 Monroe Street, Buffalo, New York 14208. They would like to purchase the respective portions that adjoin the property they own. Ms. Wright owns a single family dwelling at 530 Monroe Street and would like to purchase the northerly half and Ms. Young owns a single family dwelling at 524 Monroe Street and would like to purchase the southerly half of 526 Monroe Street. They intend to use the property for extra yard space. The Department of Community Development and the Page 39 98-0623.TXT 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 purchasers. 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 Sixty Cents (60) a square foot. The results of our negotiations are that Ms. Wright has agreed to pay Five Hundred Dollars ($500) for the northerly half and Ms. Young has agreed to pay Five Hundred Dollars ($500) for the southerly half of 526 Monroe Street. Both parties have agreed to pay for the cost of the transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of the respective portions of 526 Monroe Street to Ms. Wright and Ms. Young in the amount of One Thousand Dollars ($1,000). 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. 61 RESULTS OF NEGOTIATIONS 282 SHUMWAY, 198.74' S BROADWAY VACANT LOT: 30' X 105' ASSESSED VALUATION: $1,700 The Department of Community Development, Division of In- Rem Properties, has received a request from Mr. Billie F. Jones, 404 Woodlawn Avenue, Buffalo, New York 14208, to purchase the above captioned vacant lot. Mr. Jones presently owns and is in the process of renovating 284 Shumway Street. 282 Shumway is adjoining and he intends to use the lot for extra yard space. 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. An independent appraisal of the property was conducted by Able Appraisal Associates, Mr. Dennis Walker, appraiser. He has estimated the value of the parcel to be Seven Hundred Twenty-Five Dollars ($725). 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- Two Cents (72) a square foot. The results of our negotiations are that Mr. Billy Jones has agreed and is prepared to pay Nine Hundred Fifty Dollars ($950), Thirty cents (30) a square foot, for this parcel. He has 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 282 Shumway Street to Mr. Billy Jones in the amount of Nine Hundred Fifty Dollars ($950). 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. 62 CORRECTION - URBAN HOMESTEAD 281 NORTHAMPTON STREET (ITEM #56, C.C.P., MARCH 17, 1998) (ITEM #163, C.C.P., MARCH 31, 1998) In Item #56, C.C.P. March 17, 1998, the Department of Community Development, Division of In-Rem Properties, Page 40 98-0623.TXT requested your Honorable Body to approve the homestead of 281 Northampton Street to Mr. and Mrs. Anthony Richardson and Ms. Irene Meyers. In Item #163, C.C.P. March 31, 1998, the Common Council approved the homestead. However, Ms. Irene Meyer's name was omitted, as one of the homesteaders. Therefore, I am requesting that Your Honorable Body approve a correcting item to read: The City-owned property known as 281 Northampton Street be designated as a Homestead Property; and that Mr. Anthony Richardson and Ms. Irene Meyers be approved to homestead the respective portions that adjoin their properties they own. Mr. Anthony Richardson residing at 287 Northampton Street to homestead the easterly half and Ms. Irene Meyers residing at 279 Northampton to homestead the westerly half of 281 Northampton Street. Mrs. LoTempio moved: That the above communication from the Department of Community Development dated June 3, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to correct his records as previously approved to Item No. 163, C.C.P., March 31, 1998 to transfer 281 Northampton Street to Mr. Anthony Richardson and Ms. Irene Meyers the respective portions that adjoin their properties. To Mr. Richardson the easterly half and to Ms. Meyers the westerly half of 281 Northampton Street. PASSED AYES -11 NOES 0 NO. 63 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 24 C STREET (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 142') The Department of Community Development has surveyed the city-owned vacant lot at 24 C Street, the parcel is 30' x 142' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Ronald Callahan, residing at 26 C Street and Ms. Emily Ruff, residing at 22 C Street have indicated that they will split, clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot known as 24 C Street be designated as a Homestead Property. The westerly half would be transferred to Ms. Emily Ruff and the easterly half would be transferred to Mr. Ronald Callahan, with the conditions that the property is cleared and improved within six (6) months and maintained in a sanitary manner. That the city-owned property commonly known as 24 C Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Ronald Callahan, residing at 26 C Street, for the easterly half of 24 C Street, and to Ms. Emily Ruff, residing at 22 C Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES 0 NO. 64 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM Page 41 98-0623.TXT 84 WAVERLY STREET (CITY OWNED-VACANT LOT - 25' X 100') The Department of Community Development has surveyed the city-owned vacant lot at 84 Waverly Street, the parcel is 25' x 100 in dimension; and it has been determined that this parcel is in appropriate for either the construction of new housing or needed for public purposes. Mrs. Penny Edwards Griffin, residing at 86 Waverly Street indicated that she will clean, improve and maintain the lot in the event that she obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mrs. Penny Edwards Griffin on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 65 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 20 WOHLERS STREET (CITY OWNED-VACANT LOT - 30' X 1 10') The Department of Community Development has surveyed the city-owned vacant lot at 20 Wohlers Street, the parcel is 30' x I 10' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Jessie Wiggins, residing at 18 Wohlers Street indicated that he will clean, improve and maintain the lot in the event that he obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Jessie Wiggins on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 TRANSFER OF TITLE - URBAN HOMESTEAD PROGRAM PORTION OF 621 WOODLAWN AVENUE CITY-OWNED VACANT LOT ITEM # 116, C.C.P. 12/23/97 The Department of Community Development has received a request from Charlie and Ida Mae Fryer of 619 Woodlawn Avenue to homestead the westerly half of 621 Woodlawn Avenue, which is adjoining their property. The complete parcel consists of 30' x 103'. This office is requesting the homestead of the westerly half of 621 Woodlawn Avenue, approximately 15' x 103', per Item #1 16, C.C.P. 12/23/97. It has been determined that this property is not needed for public purpose or new development. Mr. and Mrs. Fryer have indicated they will clean, improve and maintain the lot in the event that they obtain title to the property under the Homestead Program. We, therefore, recommend that the westerly half of 621 Woodlawn Avenue be designated as a Homestead Property and be transferred to Mr. & Mrs. Fryer on the condition that the property is cleared and improved within six (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY Page 42 98-0623.TXT DEVELOPMENT NO. 67 (FOLLOW-UP TO PREVIOUS RESPONSE PASCHA MANN WATER DRAINAGE PROBLEM AT 757 E. EAGLE STREET TABLED AT COMMITTEE MEETING, JUNE 3, 1998) ITEM # 99, C.C.P., APRIL 28, 1998 In response to several items that were bought to the Council's attention by Ms Pascha Mann on May 20, 1998 at the Community Development Committee meeting (CCP #99 - attached), the following items have been resolved: 1.Complaint:Toilet does not flush properly. Response:Terry Sexton, Director of New Construction, met with Ms. Mann and Channel 2 News on May 14, 1998 to inspect Ms. Mann's toilet. Mr. Sexton found that the toilet was working in proper order. 2.Complaint:Replacement of three (3) stairs in rear by patio doors. Response:The stairs will be replaced once the work has been completed. 3.Complaint:Landscaping - grass seed mixture had weeds. Response:A supreme hydroseed will be applied upon the completion of the grading. 4. Complaint:Will the City replace the fence? Response:Two sections of the existing fence will be removed to conduct the necessary repairs and properly re- installed. 5.Complaint:Will the berm be leveled? Response:The berm will not be leveled. A swail will be graded around the sides of the property to divert ground water. Drain tile will be added to the back section of the property along the base of the berm. 6.Complaint:Foundation cracks were found. Response:A foundation crack was observed and determined to be a shrinkage crack, this will be corrected by the contractor. 7.Complaint:Sewer cleaning and street drainage grades. Response:The sewers were previously cleaned and Public Works Department have been notified to rebuild the front curbs. 8.Complaint:Possible damage to the Driveway and/or sidewalk by heavy machinery brought on to the property to do the work. Response:Heavy machinery will not be brought on to the property 9.Complaint:Coverage of loss of property in basement in case of flooding when work begins. Response: This Department cannot answer pertaining to the possibility of further flooding. In addition, the remaining houses were inspected and no problems were noted. One of the homeowners were interviewed while Channel 2 was present and reported that he loves his new home and does not have any problems to report. Mr. Sexton has been monitoring the Contractor to follow-up on the work. The Contractor reports that work is scheduled to begin on June 8, 1998. At the Community Development Committee meeting on June 3, 1998, Ms. Mann presented additional concerns regarding the berm being removed altogether. Mr. Sexton addressed her concern by informing Ms. Mann that the berm is the property of the railroad and we cannot remove it. Page 43 98-0623.TXT Mr. Sexton researched the concern of the dating of the Certificate of Occupancy (9/26/96). The building permit #35467 for 757 E. Eagle was issued on 9/26/96. Since the building permit is necessary to begin construction, the date was chronologically correct in order to allow 13 weeks of construction time. The actual date of issuance for the Certificate of Occupancy is 3/12/97. Committee tabled the 757 E. Eagle item for two weeks. Correspondence was sent to Ms. Mann informing her of the next committee meeting as well as written correspondence from Mr. Sexton addressing her concerns. RECEIVED AND FILED NO. 68 CERTIFICATE OF APPOINTMENT Appointment Effective June 15,1998, in the Department of Community Development, Division of Inspections, Licenses & Permits, to the Position Of Building Inspector, Provisional, at the Intermediate, Starting Salary of $37,373 Steven L. Pieri, 104 Elmhurst Place, Buffalo, N.Y. 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF STREET SANITATION NO. 69 TRANSFER STATION RFP Enclosed please find a copy of the final Request for Proposals (RFP) for the operation of the East Side Transfer Station. There were a few minor changes to the original draft that I had filed with your office. The changes included: 1.General Specifications (page 2, item 15) - The due date for proposals has been extended to the close of business (4:30 p.m.) on June 26, 1998. 2.Specific Requirements (page 28, item 37) - The performance and labor and material bond amount should be $250,000 instead of the previously stated $500,000. This is now consistent with item 6 on page I of the General Specifications section of the RFP. 3 .Fails to Perform Remedies (page 22) - The fourth paragraph has been changed to allow the awarded contractor three weeks to complete the necessary paperwork for a transfer of the permit to operate the ESTS. Please replace the most recent draft RFP that was submitted to your office on May 28, 1998 with the enclosed document. The other materials that were submitted remain unchanged, and therefor have no been included again. If you should have any questions, please contact me at 460-8530. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 70 INVESTIGATE BUSINESS LOCATED AT 893 JEFFERSON AVENUE CCP #178, 6/9/98 I have referred the above mentioned item to Director Sciolino and have asked that he report back directly to Councilmember Miller-Williams and your Honorable Body on the matter. I trust that this answers your questions. RECEIVED AND FILED NO. 71 Page 44 98-0623.TXT REQ. FOR UPGRADE - CELLBLOCK PEACE OFFICERS CCP #78 6/9/98 it is my position that any request for increased compensation be pursued through the normal collective bargaining process, with these employees communicating through their union leadership rather than through the Common Council or the administration. It is also my position that across the board percentage increases in salary are far more preferable than upgrades in the salary of individual positions; changes in individual positions tend to be perceived as favoring those ones over others. Again, though, I would recommend that the employees communicate with their union representatives. I trust that this answers your question. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 72 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/15/98, in the Department of Administration & Finance, Division or Treasury, to the Position of Teller, Temporary, at the intermediate Starting Salary of $26,364.00 Carmen Degener, 76 Tioga, Buffalo NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 73 "A. PARLATO - MEDICAL DRUG RIDER - T. PARLATO" The Commission is in receipt of your inquiry relative to the above matter. Please be advised that this matter involves medical benefits. Therefore, this request is not in the Commission's jurisdiction and should be directed to the Division of Labor Relations. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 74 "M. BETTINGER & 0 REQ. UPGRADE FOR CELLBLOCK PEACE OFFICERS" [ITEM 78 CCP 6/9/98] The Commission is in receipt of your inquiry relative to the above matter. Please be advised that this matter involves negotiations between Local 264 and the Buffalo Police Department. Therefore, this request is not in the Commission's jurisdiction and should be directed to their attention. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 75 SUPPLEMENTAL BUDGET APPROPRIATION FOR 1998-99 Subsequent to the approval of the budget for the 1998-99 fiscal year, the Board of Education has identified $4,600,000 in additional revenues. The source of the revenue is as follows: Legislative Member Item $1,000,00o + Additional Fund Balance $1,350,000 + Additional State Aid (due to revenue maximizing effort) $2,250,000 equaling a total of $4,600,000. The attachments give further details on the current budget status and revenue sources for the Board. I respectfully ask that the Honorable Members of the Page 45 98-0623.TXT Common Council approve this request. Mrs. LoTempio moved: That the above communication from the Board of Education dated June 12, 1998, be received and filed; and That the 1998-99 Board of Education be amended to reflect the additional revenues in the sum of $4,600,000; and That the revised 1998-99 Board of Education budget be approved. PASSED AYES -11 NOES 0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 76 REVITALIZATION PLAN FOR LAKEVIEW HOMES Enclosed you will find for the Common Council Members information and review for the HOPE VI Lakeview Homes Revitalization plan that was submitted to HUD. Each common council member will receive a copy of the plan. I am available to answer questions at the common councils convenience. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 77 ITEM RETURNED BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL. I hereby inform you that on May 21,1998 the Common Council passed the following item: Budget, as amended (Item 21, C.C.P., May 21, 998) which was presented to the mayor on May 22,1998 and returned to the City Clerk on June 12,1998 without approval and disapproval. The effective date of the above item is June 2,1998. RECEIVED AND FILED NO. 78 AUTO ALLOWANCE The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Fire Department - Charles A. Pitz RECEIVED AND FILED NO. 79 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness Name Owner's Name 520 Elmwood AvenueLe MetroCarafe D'Leau Importing Co inc. RECEIVED AND FILED NO. 80 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: Public Works - Robert Szary , Paul Bugman , William Page 46 98-0623.TXT Heinhold Police- Darlene Peterson , Thomas Keane Corporation Counsel- Sandra Nasca Human Services, Parks/Recreation- Lauria Lonie RECEIVED AND FILED. NO. 81 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: June 5, 1998, in the Department of Common Council, to the Position of Intern V, Seasonal Non- Competitive, at the Flat Starting Salary of: $8.00 per hr. Michelle Maccagnano, 229 Summit Ave, Buffalo, NY 14214 Appointment Effective: June 16, 1998, in the Department of Common Council to the Position of Intern 11, Seasonal, Non- Competitive, at the Flat Starting Salary of $ 5.15 per hr. Marcie Bolock, 700 LaSalle Ave., Buffalo, 14215 NO. 82 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective: June 4, 1998, in the Department of Mayor's Office, Mayor's Summer Youth & Intern Program, to the Position of Intern IV, Seasonal, Non-Competitive Flat Salary of $6.00/hr Danielle Ippolito, 95 W. Northrup Pl, Buffalo NY, 14214 Christopher Zera, 18 Coburg St., Buffalo NY, 14216 Appointment Effective: June 7, 1998 in the Department of Mayor's Office, Division of: Mayor's Summer Youth & Intern Program, to the Position of- Intern IV, Seasonal Non-Competitive at the Flat Starting Salary of $6.00/hr Jay Corrin, 351 Voorhees, Buffalo NY, 14216 Khardis Johnson, 30 Haven St., Buffalo NY, 14211 Patrick Spitler, 438 Woodward, Buffalo, New York 14214 Alexis Klosterman-Nyhuis, 55 Whitney Pl, Bflo, NY 14201 Sean Kelley, 253 Heath St., Bflo, New York 14214 Allison O'Leary, 152 Bird Ave, Bflo, New York 14213 Appointment Effective: June 16, 1998, in the Department of Mayor's Office, Division of- Mayor's Summer Youth & Intern Program, to the Position of- Intern IV, Seasonal, Non- Competitive at the flat Starting Salary of $6.00/hr Meredith S. Beck, 536 Auburn Ave., Buffalo NY, 14222 NO. 83 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. Appointment Effective: 6/19/98, in the Department of Stadium and Auditorium, Division of North AmeriCare Park, to the Position of Laborer I, Seasonal, Non-Competitive, at the Flat Starting Salary of: $ 6.22 Johnny Fluker, 251 Lemon, Buffalo, 14204 Kevin Pyle, 715 Delaware Avenue, Buffalo, 14209 Page 47 98-0623.TXT Roberto Santiago, 464 Busti Avenue, Buffalo, 14201 Appointment Effective: June 15. 1998 in the Department of Assessment Division of to the Position of Clerk, Seasonal Non-Competitive at the: Flat $5.20 / Hr. Sandra J. Stotz, 4 Roebling Avenue, Buffalo, NY 14215 Appointment Effective June 22, 1998, in the Department of Public Works, Division Of Engineering, to the Position of Laborer I, Seasonal Appointment, at the Flat Starting Salary of $ 6.22/hr. Alfred T. Anderson, 139 Grant St., Buffalo, NY 14213 Appointment Effective: June 15, 1998 in the Department of Public Works Division of Water to the Position of Clerk, Temporary, Appointment, at the flat Starting Salary of: $ 5.20/hour Denise Bell, 20 Rogers Street, Buffalo, 14211 Appointment Effective June 10, 1998 , in the Department of Human Services, in the Division of Recreation, to the Position of Laborer II, Seasonal, Non-competitive, at the Flat, Starting Salary of $6.92 Norvyn Souter, 75 Marion Street, Buffalo 14207 Appointment Effective: June 8, 1998, in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, to the Position of Art Program Aide, Temporary Appointment, at the: Flat,, Starting Salary of $10.00 an hour Maurice Fears, 74 Wick St.,Buffalo 14212 Appointment Effective June 12,1998 in the Department of Human Services Division of Recreation to the Position of Laborer II, Seasonal, Non-competitive, Flat, Starting Salary of $ 6.92 Gracie Stotts,191 Dodge,,Buffalo-14209 Appointment Effective, June 15 1998 in the Department of Human Services, Division of Recreation, to the Position of Supervising Lifeguard, Temporary Appointment at the Flat Starting Salary of $5.98 Sean Eddy, 128 Royal, Buffalo 14207 Brian Ray, 299 Monroe, Buffalo 14208 Rebecca Wilson, 58 Dundee, Buffalo 14220 Kevin Murphy, 21 Turner, Buffalo 14220 Rebecca Nieves, 239 15th Street, Buffalo 14213 Dennis Sanders, 40 Fosdick, Buffalo 14209 Appointment Effective June 19,1998, in the Department of H Services, Division of Parks, to the Position of Fee Collector, Seasonal, Non-competitive, at the Flat Starting Salary of $5.15 Samuel Lopez, 784 Amherst, Buffalo 14216 Appointment in the Department of H Services Division of' Parks to the Position of Fee Collector, ,Seasonal, Non- competitive, at the Flat Starting Salary of $ 5.15 Robert Kozak, 32 Gorski, Buffalo 14206 Appointment June 19 1998, Human Services, Division of Recreation, to the Position of Supervising Lifeguard, Temporary, Appointment, at the Flat Starting Salary of $5.98 Erin Dickman, 48 Alsace, Buffalo 14220 NO. 84 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. Page 48 98-0623.TXT DEPARTMENT OF PUBLIC WORKS Appointment Effective: May 8, 1998 in the Department of Public Works, Division of Engineering to the position of Senior Engineer, Permanent Promotion Minimum at the starting salary of 41 ,559 Michael J. Zera, 18 Coburg St., Buffalo, NY 14216 Appointment Effective: June 8, 1998, in the Department of Public Works Division of Buildings to the Position of Laborer I, Permanent Non-Competitive, at the: Minimum Starting Salary of: $ 9.57 Gary F. Nelson, 341 East Street, Buffalo 14207 Appointment Effective: June 9, 1998, in the Department of Public Works, Division of Engineering to the Position of Junior Engineering, Provisional Appointment at the Minimum Starting Salary of: $31,243 Donald J. Poleto, 148 Densmore Ave., Buffalo, NY 14220 Appointment Effective June 9, 1998 in the Department of Public Works Division Of Engineering to the Position of Laborer II, Permanent, Non-Competitive at the Minimum Starting Salary of: $ 21,819 Darren J. Toczek, 147 Bush St., Buffalo, NY 14207 Appointment Effective: June 18, 1998, in the Department of Public Works, Division of Water, to the Position of Account Clerk-Typist, Temporary, Appointment at the: Minimum, Starting Salary of: $ 22,883 Lisa Capell, 1536 Delaware Avenue, Buffalo, 14209 DEPARTMENT OF POLICE Appointment Effective: 06/01/98 in the Department of Police, to the Position of Crossing Guard, Temporary Non- Competitive, at the Minimum Starting Salary or $6.09 John L. Butler, 366 Elmwood Ave. Apt. 215, Buffalo, NY 14222 Appointment Effective: June 8, 1998, in the Department of Police, to the Position of Report Technician, Permanent Competitive at the: Minimum Starting Salary of: $ 23,705 Sonji S. Robinson, 445 Riley Street, Bflo, New York 14208 Appointment Effective 06 /01/98, in the Department of Police, to the Position of Crossing Guard Temporary, Non- Competitive, at the minimum Starting Salary of $6.09 Denise Bell, 20 Rogers Ave., Buffalo, NY 14211 Marilyn Johnson, 133 Rodney Ave. Buffalo, NY 14214 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective: June 15, 1998 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Tow Truck Operator Provisional Appointment at the: Minimum Starting Salary of $23,622 Russell J. Oliveri, 50 Pavonia Street, Buffalo 14207 HUMAN SERVICES, PARKS & RECREATION Appointment Effective: June 15, 1998, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Youth Counselor, Provisional Appointment at the Minimum Starting Salary of $ 30,908 Kenneth N. Robinson, 219 Hickory Street, Buffalo, 14204 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 85 FUTURE OF ALLENTOWN ART FESTIVAL As you may know, the Allentown Village Society, Inc. has established a committee to explore and evaluate our options for the future of the Allentown Art Festival. We are also developing a set of proposals to improve upon what is already Page 49 98-0623.TXT one of the best events of its kind in the United States. However, we are discouraged by certain developments which preceded this year's Festival and are concerned about its future. We believe we cannot move ahead while continuously having to struggle to preserve the status quo. Many of our members are also extremely upset at seeing the Allentown Village Society portrayed by less than a handful of dissatisfied, uninformed, self-promoting individuals, who receive far more attention than they deserve, in a totally false and inaccurate way. Consequently, we must look at the options available to us. Those options may involve a range of possibilities from reconfiguring the Festival within the Allentown area so as to avoid Allen Street, or moving the event to another location altogether either in the city or elsewhere. The options also include leaving the Festival where it has been for forty-one years. While we have not taken a formal vote of our membership on the matter, I believe I can state that our preferred option at this time is to continue in Allentown. However, we need to feel secure that we will have the support from the City of Buffalo that we need to succeed. It is because of the provisions that are on the books at the present time, including the Common Council's enabling resolution for the Festival, that we have been able to keep the problems threatening the Festival under control each year. Although we are too often portrayed by those wishing to turn the Festival to their own purposes as "dictatorial", etc., the Allentown Village Society merely requests the authorities, including police, health department and city inspections and licenses, to enforce provisions that are already on the books, including the rules and conditions established by the Council's enabling resolution. That fact is too often overlooked or willfully misrepresented, Without the enabling resolution, the Allentown Art Festival would not be possible. Take, for example, the following matters that we had to deal with in connection with this year's Festival and imagine what the Festival would have been like if there were no way to prevent the following from taking place: Tailgators Restaurant on North Street near Delaware Avenue presenting a live rock band, complete with a very powerful sound system, outdoors, with the music blasting onto Delaware Avenue attracting the crowd in the Festival area from Delaware Avenue over onto North Street, all the while disrupting the exhibitors on Delaware Avenue. Radio station WKSE conducting a promotional event on the other side of Delaware Avenue at North Street attracting a crowd and disrupting the exhibitors. The Buffalo Destroyers Arena football league team conducting a sidewalk sale of merchandise at Delaware Avenue and North Street. The Java Temple Coffee House at Franklin and Allen Streets selling food, drink and balloons off of its sidewalk cafe onto the street. Bikini clad girls modeling bathing suits on the sidewalk almost next door to the Java Temple on Allen Street. Loudspeakers blaring music in the apartments above the Java Temple disrupting the exhibitors in the area with rap music for hours on end. At least four other radio stations in the Festival area with outside speakers, disc jockeys and promotions of their own making. A party to promote a new bar about to open on Delaware Avenue in a rented parking lot on Virginia Street near Delaware Page 50 98-0623.TXT Avenue to which at least hundreds of tickets had been distributed, which was to feature a huge public hot tub, bikini clad girls, disc jockeys and kegs of beer. Moreover, had those events been able to proceed, it would have been only the beginning. How could those promotions be permitted and others not allowed? Individuals, such as Heidi Paulsen at the Java Temple, see only their own self interest. The Allentown Village Society as Festival producer must see a much bigger picture. One example of our upset and frustration is the publicity given by a local television station to the owner of Tailgators who was broadcast bemoaning the fact that the Allentown Village Society had cost him all kinds of money that he expended for his outdoor band. This is an individual who was provided with a copy of the Common Council resolution including the prohibition against live performances in the Art Festival area, but who chose to ignore that prohibition. It was not the Allentown Village Society who shut him down. It was the Buffalo Police Department simply enforcing the rule in the Council resolution against live musical performances in the Art Festival area. This rule goes all the way back to the days of Mayor Sedita and has very sound reasons behind it. Incidentally, there is nothing in the Council resolution preventing this individual from having live music after the Festival closed at 6:00 o'clock. Normally, the Allentown Village Society takes a hiatus over the summer during the months of July and August, resuming preparations for the next year's Art Festival in September. There will be no hiatus this summer. We expect to be quite active over the summer in several areas, including finding ways to improve the Festival and considering our options. We need each of you or your representatives to be part of the process. There has been some reference in the media that seems to have presumed that we were presently involved in active discussions with representatives of the Town of Amherst to move the Festival there. Although that is a possible option for consideration, there are no such discussions ongoing, however, there have been in the past. In the months leading up to the 1993 Festival, during a previous crisis, when we were working with a special committee established by George Arthur, we received a contact from a representative of the Amherst Chamber of Commerce who advised us that Amherst, particularly the Village of Williamsville, would welcome the Allentown Art Festival with open arms. That individual further advised us that the area on Main Street around Glen Park would be a very hospitable place for us to have the Festival. We were further advised that there would only be a limited number of bureaucrats to deal with and that everything could be easily arranged. We were also advised that we would not have to deal with the Amherst Town Board because it would be a function of the Village of Williamsville, and we would be dealing essentially with the Mayor. At that time, we had already had discussions with representatives of the Erie County Agricultural Society as part of an exploration of doing the Allentown Art Festival at the Hamburg Fair Ground in more of a park-like setting, as opposed to having a show on the public streets. We believed that such a setting could give us control over the event that we could depend on from year to year. A representative of the Amherst Chamber of Commerce was advised of that fact and the representative was also told that the Allentown Village Society did not want to be in a position of pitting Amherst against Buffalo and that we wanted to wait until Councilman Arthur's meetings had run their course to see what Page 51 98-0623.TXT happened. As things turned out, the crisis was resolved and the Festival has continued in Allentown. We need to have the issue of where the 1999 Allentown Art Festival will be held resolved between now and mid September. This is because advertising to potential exhibitors will have to be finalized by that time and because the applications for the 1999 Festival will be mailed to potential exhibitors in October. The Allentown Village Society would like to establish a dialogue with City Hall to address our concerns and any concerns that you might have. However, this dialogue should take place now, not at the last minute before the Art Festival. I sincerely hope that together we will be able to accomplish what needs to be done to continue an even better Allentown Art Festival in the area that has been its home for forty-one years. I hope you or your representative will call me to discuss the matter and begin a dialogue. I can be reached at 877-4670. Finally, we have recently invested money of our own into promoting the Allentown Art Festival, the Allentown National Historic Preservation District, the City of Buffalo and the Niagara region as a tourism destination. Having made such an investment, we certainly do not intend to allow the Allentown Art Festival to fail. A copy of our promotional brochure is enclosed for you and additional copies are available if you would like some. REFERRED TO THE COUNCIL PRESIDENT NO. 86 RODENT MANAGEMENT The following Integrated Pest Management Guidelines are incorporated together with the Streets Sanitation Annual and Vermin Control Plan in response to the Common council resolution on rodent control . Dated :April 6th 1998. 1. Tenant and Landlord Sanitation responsibilities must be enforced as well as Educated.. All Residential owners must be held responsible for proper garbage storage only in a rodent proof container and no bags of any sort. If within 7 days no response of compliance business or residential will be fined accordingly. Cities successful with enforcement are Chicago and Boston. A move to a more predictive rodent control program with planning and thresholds managing a city wide IPM rodent control team effort utilizing the whole community including all Dept. Heads from -. Parks, Community Div. Streets Dept. , City Courts, Media, Block Clubs, Administration, Public Works, Sewer Authority and Local Pest Management Companies. The Old way to do rodent Control was reactive only giving the problem a quick fix and never changing the source or sources of the cause. 2. Education and Sanitation are the two most important factors to the success of any IPM Rodent Control Program without them a large labor force and money can never accomplish alone. Communication of all groups mentioned must participate to strengthen the goals and actions of each resident and business owner and city officials. Community Clean up efforts on all neighborhood Vacant Lots is vital Use of Prison Clean Up crews is another alternative IPM tool to get the job done. Education must start at all levels of the community especially at the school levels. 3. Demolitions and Construction permits must be more specific towards rodent abatement and the full responsibilities of owners and construction Companies. Permits should detail ail rodent baiting must be completed only by a NYS Licensed Page 52 98-0623.TXT Pest Control Company not by themselves a DEC violation. For Safety and Assured Eradication of site and all Adjoining properties. The construction company must hire from a pre approved list of Pest Management Specialists or Initiated solely by the Community Dev. Dept. 4. Four types of Baiting Must be part of this comprehensive LONG RANGE IMMEDIATE IPM Program. This IPM baiting Program will be the first comprehensive of its kind in Buffalo NY or many other cities. It will involve Surface and Subsurface baiting. Examples are Rodent control during construction covered only surface areas. Causes were alarming as rodent displacement occurred and a greater public alarm. All Construction Baiting must be done 3 months previous to all construction. As for the demolition process prior to all demos a minimum of 30 days is necessary to control the property and all abutting properties of any or all populations 5. Data and a Full Program Management is mandatory to keep a Real Time account of all community surveys, evaluations complaints, bait mounts, locations, neighborhood education, inspection results, sanitation, enforcement's and future maintain evaluations 6. Rodent Proofing using the best repair materials available to correct any or all structural deficiencies to keep rodents out of old or new buildings. Including Correct Landscape Design. Offer to provide them with more details if they need them. Offer to answer any of their questions either by phone, or at an arranged meeting. Let them know you'll be contacting them soon (provide a time frame) to discuss the proposal. The Crux of any successful [PM Rodent Control Program is #1 INVOLVEMENT and the acknowledgment of each and everyone's responsibilities. Adherence to all Public Building and health Codes by both Residential and Businesses. All Policy makers and government officials must support and enforce all codes and statutes The major program elements include: Neighborhood Surveys for Sanitation and Rodent Conditions Heightened Sanitation and Building Enforcement's Neighborhood education programs. Rodenticide Baiting initiation by professional pest control companies. Detailed Management Record Keeping mapping and full data analysis Creation of rodent FREE ZONES prior to all construction and all demolition's and maintain those areas Main Target: The Norway Rat Life Span :8-12 months, Maturity-2-3 months Length:7-10 inches, Tail:6-8 inches long Weight: 12 oz, 7 Litters /year, 9-12 young/Litter Elevator carrier of many types of diseases. Grooms each other lives in sewers and other unsanitary filth. 1. EDUCATION City has a vital role to play in community involvement using literature, slide shows, videos, and specific neighborhood displays. How to literature in multi language on sanitation and rodent proofing. will be distributed door to door. All community groups, schools and professional associations should be included in communication and especially involvement. 2. ENFORCEMENT. All City Depts. must be actively involved supporting building inspectors, sanitation enforcement and community development. This category must tie in with Education 3.SANITATION. Removing or Correcting all factors Page 53 98-0623.TXT contributing to rat populations Garbage Junk, Waste,Refuse 4. INSPECTION:Detailing the overall view of a neighborhood and a individual building. Population amount ,Species, infestation causes and documenting and communicating all findings 5. CONTROL : The placement of rodentices where rats are evident or suspected on property. Use of better Sanitation and eliminate Food Water and Shelter. 6.RODENT PROOF Eliminating all possible entrances into the building. Sealing up all openings from both the inside and the outside. No Structural Deficiencies will be permissible. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 87 BUFFALO CHARTER REVISION COMMISSION MINUTES OF MEETING NOTICE OF DATE:THURSDAY, JUNE 11, 1998 TIME:9:00 - I 1:00 A.M. PLACE:ROOM 1417, CITY HALL AGENDA 1. Meeting with Commissioner Paul Sullivan (Streets and Sanitation) 9:00 am 2. Meeting with Commissioner Matthew Brown (General Services) 9:40 am 3. Business Meeting 10:20 am a.Approval of minutes of June 4th Meeting (enclosed, Document No. I) b.Report of Work Plan Committee (Mr. Wingate) c.Report of Public Information Committee (Ms. Randaccio) d.Report of Task Forces (Messrs. McLoughlin and Magavem) Commission assignments Pro-bono attorneys Students e.Additions to issues and research list f.New business BUFFALO CHARTER REVISION COMMISSION NOTICE OF MEETING DATE:THURSDAY, JUNE 18, 1998 TIME:9:00 - 11:00 A.M. PLACE:ROOM 1417, CITY HALL AGENDA 1 Meeting with Commissioner Ryan, Department of Community Development (a summary of Charter provisions pertaining to the Department is enclosed as Document No. 1)9:00 am 2. Business Meeting 10:10 A.M. a. approval of minutes of Meeting of June 11 (enclosed, Document No. 2) b. report of Public Information Committee (Ms. Randaccio) c. report of Work Plan Committee (Mr. Wingate) d.report on Research Task Forces (Mr. Magavern) listTa5k Forces enclosed, Document No. 3A e. additions to Issues List f. new business REFERRED TO THE COMMITTEE ON LEGISLATION NO. 88 A. COPPOLA -POWERCHOICE-IMPACT ON LOL ECONOMIES OF CITY OF OSWEGO AND OSWEGO COUNTY Attached is a letter from Mayor Terrence Hammill regarding Power Choice. REFERRED TO THE COMMITTEE ON LEGISLATION Page 54 98-0623.TXT NO. 89 A. COPPOLA -CONTRACTS INVOLVING SCRAP METAL BETWEEN AND JOSEPH BARSUK Attached are notes from a session of the State of New York Public Service Commission. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 90 DIETRICH FUNERAL HOME FAVOR USE OF 1152 E. DELAVAN FOR 15 APARTMENTS This letter is to inform you that I am in total support of tile petition that St. Gerard Roman Catholic Church, owner, uses the property on E. Delavan Avenue of 15 apartments, for transitional housing for single parents. I would be interested in receiving any further information on the progress of this petition. RECEIVED AND FILED NO. 91 ELLICOTT DEVELOPMENT COMPANY NIAGARA MOHAWK-CORRESPONDENCE CONCERNING NOVEMBER REFERENDUM ON MUNICIPAL UTILITY Please find enclosed a correspondence being circulated by Niagara Mohawk regarding the possible referendum in November to create a municipal utility. Niagara Mohawk seems to have very real concerns regarding your effort for which I commend you. Very few rate payers will experience any relief under the Power Choice Plan which is little more than a bail out program for Niagara Mohawk. I would encourage you to continue your efforts to expose the shortcomings of both Power Choice and Niagara Mohawk. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 92 ERIE COUNTY LEGISLATURES RESOLUTION SUBMITTED BY LEGISLATORS MARINELLI, SWANICK, PEOPLES, OLMA, FISHER, KUWIK, FITZPATRICK, HOLT, DEBENEDETT & DUSZA WHEREAS, It has been repeatedly noted that problems in our area such as high taxes, a poor economy and unchecked urban sprawl have all contributed to a steadily declining population in Erie County, and WHEREAS, Unplanned sprawling development results in several burdens to our region's residents, including: Environmental erosion: Sprawl eats away at agricultural lands and greenspace while ignoring brownfield development in the core and inner ring suburbs; Economic instability: M&T Bank's 1996 study showed that sprawl development was directly related to the exodus of people and jobs from New York State, the increase of social problems in neglected older neighborhoods, the spiraling cost of government and new infrastructure, and the erosion of the tax base; Increased taxes: Subdivision of farmland for development in the edge suburbs increased the valuation of land still meant for taxes, driving up property taxes for those farmers. Taxes must be raised to pay for increased costs of infrastructure and government, and to make up for the eroding tax base; and, WHEREAS, Land use planning has been designated a Page 55 98-0623.TXT province of localities, leaving sometimes incongruous development plans in neighboring municipalities, and WHEREAS, In order to provide long term solutions to the aforementioned problems, any plan crafted to address these issues must balance the concerns of development and environmental protection, of cities and suburbs, and of localities and the region and the state, and WHEREAS, In the past several years states such as Oregon, Maryland and Florida have developed "smart growth" statutes that call for comprehensive statewide planning while encouraging local governments, as well as regional and state agencies, to work together on approaches and to emphasize intergovernmental actions and responsibilities, and WHEREAS, In an effort to begin discussion on the feasibility of implementing smart growth legislation in New York State, State Assemblymember Sam Hoyt and State Senator Mary Lou Rath have introduced two bills; the Smart Growth Compact bill (A.10038/S.7253), which provides a smart growth model, and the Smart Growth Task Force Bill (A.10810/S.7256), which creates a structure for further exploration of the issue, and WHEREAS, The authors of said bills have stated that these bills are not meant to be taken as the only approaches to the smart growth concept, but rather as a starting point for dialogue on the issue, NOW, THEREFORE, BE IT RESOLVED, That the Erie County Legislature does hereby state its support for the concept of more comprehensive and coordinated land use planning among municipalities for the betterment of the entire region, and be it further RESOLVED, That this Honorable Body does further state its support for the thorough investigation of the "smart growth" concept and its possible applicability in New York State, and be it further RESOLVED, That this Honorable Body does therefore memorialize the New York State Legislature and New York State Governor George Pataki to begin discussion on the concept of smart growth, as well as Bills A.10038/S.7253 and A10810/S.7256 with the goal of advancing coordinated land use planning among municipalities in New York State, and be it further RESOLVED, That certified copies of this resolution be sent to New York State Governor George Pataki, the local delegation of the New York State Legislature, Erie County Executive Dennis Gorski, Erie County Department of Environment and Planning Commissioner Rich Tobe, City of Buffalo Mayor Anthony Masiello, members of the Buffalo Common Council, and UB Institute for Local Governance and Regional Growth Director John D. Sheffer, II and Luke Rich (Empire State Development Corporarion). Fiscal Impact: None for resolution. RECEIVED AND FILED NO. 93 ERIE COUNTY DEPARTMENT OF PUBLIC WORKS ERIE COUNTY COURTS MASTER PLAN IMPLEMENTATION PROJECT Attached please find a report from the Erie County Department of Public Works on the Erie County Courts Master Plan Implementation Project. A copy of this report is on file in the City Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 56 98-0623.TXT NO. 94 B. GRAY CORRUPTION OF BMHA PUBLIC HOUSING OFFICERS WITHIN THE COMMODORE PERRY HOUSING UNITS. MR. LEMONT YANCY (CONTRACT PERSON) Please file these pages of residents petitions so they can be addressed by the Common Council at the next Council meeting. REFERRED TO THE COMMITTEE ON LEGISLATION, THE BUFFALO MUNICIPAL HOUSING AUTHORITY AUTHORITY AND THE CORPORATION COUNSEL NO. 95 IBEW LOCAL #97 LABOR COALITION OBJECTION TO MUNICIPALIZATION OF ELECTRIC SYSTEM Please find attached three copies of a coalition statement regarding opposition to a resolution regarding municipalization of the electric system the City of Buffalo. We respectfully request this position be Placed on record in your office. Thank-you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 LANGSTON HUGHES INSTITUTE MANAGEMENT OF PUBLIC ACCESS TV In response to the Request For Proposal For Management Of A Public Access TV System, The Langston Hughes Institute is pleased to present for the consideration of the Mayor, Common Council and the citizens of Buffalo a proposal for the development and operation of Public Access TV. Although our presentation of this information is submitted beyond the June I submission date, and does not directly respond to the structure of the RFP, we hope that the interest and need for a broad range of ideas on how best to serve the public will allow for the inclusion of our submission in your deliberations. Although we endeavored initially to respond to and fulfill the requirements of the RFP, the very brief period of the announcement provided insufficient time to formulate the proposal at a level of analysis and broad based participation that would directly respond to the needs and interests of the citizens of Buffalo. However, the effort did yield, what we believe to be, a successful strategy for Access TV development and operation. The potential of the cooperative approach merits serious review. Additionally, the need for more information on the development of the City designated permanent site for the Access TV Center and other areas of Access information pertinent to short term planning raised questions that require more consideration. As we were engaged in the process, among the most significant concerns that emerged were whether the process itself sufficiently focused on the realities of the communities Access TV operations experiences and that the process does not account for the lack of respondents to the previous RFP in December, 1997 and to this RFP. In light of this, the proposal we have submitted innovates on the RFP's suggested organizing structure for the operation of Access TV. We hope that there is room for innovation and for the Common Council to move outside of the box of the process as it has been implemented since the inception of Access TV in Buffalo. A process which we think creates a competitive approach to Page 57 98-0623.TXT serving the community and that appears to us to contributes to making Access TV a divisive and alienating vehicle of public communication rather than creating a platform of inclusion. Therefore, through our submission we are seeking to promote an inclusive, creative, and futuristic view of Access TV that bridges some observable gaps in citizen and organizational participation. We propose a path toward developing a 21st Century Community Telecommunications Systems of which Access TV is a foundational component. In Closing, I thank you in advance for your consideration. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS NO. 97 T. LEARY RESIGNATION BUFFALO PRESERVATION BOARD With reference to our recent conversations, I believe that the time has come for me to conclude my service on the Buffalo Preservation Board as the designee of the Historical Society and its Director. I have been an member of the Board since September 1991 which is the equivalent of two appointed terms. The demands of my consulting business, including considerable travel already scheduled for this year, preclude the regular attention to meetings and other responsibilities which the Board has a right to expect. I have found my term on the Board both enjoyable and instructive. From members past and present I have garnered insights about the evaluation of designs and materials that are too numerous to catalogue. In return, I believe I have been able to contribute something to the Board's assessment. of properties that represent less celebrated aspects of local history, such as industrial architecture. I intend to continue serving on the Board until a successor is named. I hope that you will soon be able to find someone who has both the time and the interest required for the position. Thanks again for the opportunity to serve on the Board. RECEIVED AND FILED NO. 98 NIMO INFO-TAKEOVER OF NIMO As the Common Council debates the issue of a takeover of Niagara Mohawk within the City, we felt it important to clarify an important issue regarding the allocation of socalled "replacement power" to large industrial customers in the area. Currently there are 22 companies within the City that receive low-cost replacement power from Niagara Mohawk. This power is produced by the New York Power Authority, but is sold to Niagara Mohawk for resale to our customers under the Niagara Redevelopment Act. To be eligible for this power, a company must be a customer of Niagara Mohawk. Obviously, a takeover of Niagara Mohawk by the City would place these allocations in serious jeopardy, since the companies would no longer be our customers. The list of customers within the City currently receiving replacement power allocations includes: ADM Milling, American Axle, Con Agra, Flexo-Transparent, Graphic Controls, Outokumpu American Brass, Rich Products, Westwood Squib, Advanced Refractory, Buffalo China, Curtis Screw, Freezer Queen, Habisat Globe, PSP Adhesives, Sorrento Cheese, Allied Signal, Buffalo Color, Euro United, General Mills, Niagara Cold Drawn, PVS Chemicals, Trico Page 58 98-0623.TXT We hope this information is useful in your deliberations. If you have any questions, feel free to contact me at 8574286. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 NIMO REFERENDUM-ELECTRIC SERVICE As the discussion and debate about electric utility service in the City of Buffalo continues, the subject of placing a referendum on the ballot this November is a frequent topic. More specifically, we have heard that consideration is being given to seeking the opinion of voters, through a referendum, on whether or not the City should conduct a formal study of municipalization and other energy options. Niagara Mohawk firmly supports the notion of a complete, independent study of all options available to the City with respect to utility service. We believe, however, that such an advisory referendum is unnecessary, and that the Council has the authority to begin such action today. Waiting until November to begin the study process would result in the loss of valuable time, since deregulation is fully underway and choice of energy supplier will be available to at least some of the City's accounts beginning in August, and to all customers by the end of next year. Further, it appears that such an advisory referendum is impermissible under the law. We asked the outside law firm of Hiscock & Barclay, LLP for an opinion on this matter, and they agreed based on a study of current and applicable case law. Attached for your review and information is a copy of the memorandum provided by Hiscock & Barclay to Niagara Mohawk's legal counsel. Again, we support the notion of a complete, independent study of options, and would urge the Council to act quickly in that regard. We hope the attached information offers additional insights with regard to the legality of and need for a referendum. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 100 NIMO RESOLUTION OF MUNICIPAL ELECTRIC UTILITY SERVICE As the City and the Common Council move forward with deliberations on the above referenced item, we feel compelled to offer some comments and additional data that should be of interest and relevant to any thoughtful study of the matter. We commend the Council for its earlier consideration of a committee to study all options available to the City, and continue to urge that this committee be formed at the earliest possible date. To the degree we can be helpful in providing a committee with the latest relevant data, we offer our services. We, too, believe the City should undertake a complete and thorough study of all options relative to utility service, particularly in light of the rapid pace of deregulation in the industry here in New York and the rest of the country. For instance, our Power Choice plan will begin implementation in August. Across the state, similar plans are in the same time frame for development. While certainly not an exhaustive list, the following are opportunities that should be included in a reasoned examination of alternatives available to the City: Municipalization - Our views on this option have been stated in other correspondence with your office, but it bears repeating Page 59 98-0623.TXT that this clearly carries the highest up-front cost and the most risk for the City. It will, without question, be a costly and time- consuming option. A detailed analysis by qualified, independent experts is the best option for determining the potential impact of a government takeover. Power Choice - Niagara Mohawk's restructuring and rate reduction plan has been approved by state regulators, and is being implemented now. Customer access to the competitive generation market will be phased in over the next 18 months, with the first group beginning in August. All customers will have access by the end of next year. Price reductions dictated in Power Choice are in addition to any savings the customer may be able to achieve through access of the generation market. Residential and small commercial customers will, over the three years of the plan, see average price reductions of 3.2 percent, including a recently enacted reduction in the state GRT. Low-use customers will NOT see increases. This comes after three full years of a prize freeze. Customers who choose an alternative energy supplier will NOT be charged an exit fee. Many of the area's largest businesses and employers will see more substantial price reductions as a means of helping keep jobs in the area. Within the City limits, there are 26 such accounts that employ at least 29,000 people. This list includes major manufacturers, hospitals, colleges, major downtown office holdings, and several City accounts. Price reductions for these accounts will be as much as 22 percent annually. For city/school district accounts, the aggregate impact of Power Choice is a saving of approximately 9 percent. Three of the City's largest accounts will see reductions that average 20 percent or more annually. (These large accounts will be included the first phase of open access starting in August.) Aggregation - With the advent of open access to a competitive generation marketplace, and given the diversity of accounts owned by the City, there is great opportunity to explore aggregation partnerships. Aggregation is a means of using size as a position in the marketplace without the risks of having to compete on the distribution and service end of the business. Based on the City's overall need for energy, it could purchase its electricity in bulk, or as a block, potentially lowering its overall price. The City could form a commodity buying group - alone or in partnership with other municipal entities - to purchase electricity in bulk for its own use or for the benefit of any other members of the buying group, such as residents and businesses within the City limits. Such a buying group could use an outside broker to handle transactions, or develop that expertise "in-house" to take advantage of the open access market. Several area municipalities have completed such arrangements with respect to natural gas service, and are considering similar options for electricity service. Savings, at least initially, may not be as high as with natural gas, but over time should increase. In any event, any savings garnered would be in addition to price reductions planned in Power Choice (see above). Load Management - The City has, in the recent past, taken part in a number of incentive programs designed to increase energy efficiency and reduce overall consumption. New services and programs will be available in the competitive marketplace, and will be priced accordingly. We believe there are many more energy efficiencies to be gained in the City's operations. Competitive Bidding - The City, rather than waiting for brokers or energy services companies to come knocking, could seek Page 60 98-0623.TXT competitive bids for any assortment of products or services, packaged in a way to reduce overall cost and consumption. There may be various positive tax implications that should be examined For instance, if the City were to purchase its energy supply from a supplier outside New York State, the City may see savings from the state's gross receipts tax on the energy purchased. Again, using the City's bulk buying power through open access, lower cost energy could be acquired and allocated as part of an economic development package. Again, these are just some of the activities the City may wish to consider taking advantage of, but none should be dismissed without a fuller examination of the potential benefits and risks to the City and its taxpayers. We would be pleased to offer any assistance or further information you may require. Please feel free to contact me directly at 857-4286. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 101 RENTOKIL ENVIRONMENTAL SERVICES INFO. - RODENT CONTROL GELMAC - 60 CHILDS ST. #150, C.C.C., 2/3/98 Attached plase find a copy of the inspection reports for rodent control at Gelmac, 60 Childs St. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 102 TCI OF NEW YORK, INC. TCI/ ADELPHIA, TRANSACTION TCI and Adelphia, would like to take this opportunity to reiterate to the City of Buffalo (City) the items of consideration offered as resolution to all issues, including the transfer of the cable franchise from TCI of New York, Inc. to Pamassos, L.P. They are: ùPrepayment of all educational and government access funds due over the remaining term of the franchise. This amounts to $ 395,000.000. ù$200,000.00 in PEG capital support in addition to the $1.74 per customer currently required by the franchise agreement (with a mutually acceptable time frame to recoup as an external cost). ù A video and computer equipment package for the Office of Telecommunications, consisting of a large screen TV, VCR, plain paper fax, notebook computer, flat bed scanner, overhead projector and screen. ù $20.00 per day for the delayed filing of a rebuild report for the time period between January 1, 1997 and February 28, 1997 ($1,180.00). ùAgreement to provide each primary and secondary school with one free cable modem hook up, when appropriate technology is deployed. ùClassification, in accordance with applicable federal law, of high speed intemet access as cable service." We also propose to pay the City the sum of $200.00 per day, beginning on January 1, 1999, until the construction of 750 MHz upgrade is completed. Another issue that should be highlighted, is our commitment to move forward with the Showcase School project, utilizing the Academy for the Visual and Performing Arts as the Primary School. A preliminary meeting between TCI and City personnel, including the Office of Page 61 98-0623.TXT Telecommunications, took place last week. Within the next few weeks a drop will be installed to the school and we will begin to deploy some of the video equipment already purchased for this project. TCI has enjoyed serving the City of Buffalo. Adelphia, as the managing general partner of Pamassos, L.P. has much to offer the City of Buffalo. This is demonstrated not only by their strong community involvement with the City, but also by their commitment to upgrade the current cable system to a 750 MHz, two-way active system. The cost of this project, which is already in its first phase (system walk out) is estimated at $30 million. Thank you for your time and assistance in connection with this matter. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 103 TCI TRANSFER OF CABLE FRANCHISE AGREEMENT TCI has received and reviewed your June 10, 1998 letter. Thank you for responding, on behalf of the City of Buffalo ("City") to our May 20, 1998 letter. In the May 20' letter, we set forth ' various proposals to the City's initial request for possible considerations regarding the proposed transfer of the cable franchise agreement. We believe that we have been forthcoming in our response and reasonable with respect to the issues at hand. In fact, we are quite pleased that we have been able to satisfy the City's requests on a number of the issues. With this in mind, this letter will address the modified considerations that have now been set forth, by the City, in your letter of June 10, 1998. Please realize that we will limit our response to those items which still appear to be an issue, i.e., items number 1, 2, 5, 7 and 8 (since it appears from your letter that you find our offer with respect to items number 3, 4, 6 and 9 acceptable). ù(Item 1): The City's response (and new request) implies that penalties should be imposed in the form of a $3.00 monthly rebate to every customer until their homes receive a 750 MHz system. We do not believe that penalties should be assessed in association with the 750 MHz rebuild. As expressed previously, the franchise agreement provides alternative solutions to expand channel capacity, especially if a 750 MHz upgrade is not economically feasible (Section 12.4). As you will recall, TCI surveyed community members in January 1997, and the results were that the community overwhelmingly opposed supporting a rebuild in light of the financial burden associated with a rebuild. Accordingly, TCI used the more cost effective approach to expand channel capacity by deploying digital technology. More importantly, the deployment of digital technologies allowed TCI to remain sensitive to the cost burden imposed on our customers and your constituents. Through the launch of digital compression, we have exceeded the franchise requirement for channel carriage by more than 30 channels. ù(Item 2): We have already offered to prepay all educational access funds due during the term of the franchise. The prepayment of these funds can and should be used to satisfy this specific request. ù(Item 5): As indicated in the May 20'h letter, we feel strongly that we properly filed a rebuild report. The report, which was filed on February 28, 1997, not only substantially complied with the material provisions of the Page 62 98-0623.TXT agreement, but also clearly indicated that we would not be upgrading the system with additional bandwidth. Rather, it outlined TCI's plans for implementing new technologies in order to upgrade the channel capacity capabilities of the system. Furthermore, based on prior correspondence between the City and TCI, it appears there is a question as to whether TCI was actually granted an extension to file the report. In a good faith effort to resolve this matter we have offered to pay the City $20.00/day for the time period between January 1, 1997 and February 28, 1997 when we filed the report. The City further states that it believes TC1 should pay to the City $ 1 00,000.00 per month, beginning on December 31, 1998, until the system is rebuilt to 750 MHz. TCI does not believe, as expressed in item #1, that the absence of a 750 MHz rebuild is a deficiency that requires the imposition of any penalties. Furthermore, Adelphia, as managing general partner of Parnassos, L.P., has indicated that Parnassos, L.P. will complete a more enhanced 750 MHz system upgrade greater than that which was originally contemplated by the City. (Item 7) TCI is currently reviewing the State's initial audit report. Our local system management is working closely with the Region and Division Business Operations staff to prepare a comprehensive and timely response. It is important to note that completion of the transfer is not contingent upon the total resolution of the audit issues. If need be, we are willing to deposit an appropriate amount of funds into an escrow account until a final resolution is reached. (Item 8) The City has requested that we consider paying additional capital support for public access purposes. As indicated in the May 20' letter, we already pay $1.74 per customer on an annual basis for capital support for PEG facilities and equipment; however TO would consider paying the City an additional $200,000.00 in capital support, provided that all parties involved can reach a mutually acceptable time frame in which to recoup this amount as an external cost. The City's June 10th letter also requested information regarding several other additional issues. With respect to the Showcase School project, we are pleased that we have been able to move forward with this project. A "worst case scenario" timetable for the project was submitted with our May 20th letter. A detailed implementation plan, including satellites, is the one portion of this project that is most reliant on the advice of City's Board of Education personnel. It is my understanding that through the efforts of your office, a preliminary meeting to discuss a detailed implementation plan with the appropriate City personnel has been arranged for today (June 11, 1998). TO appreciates your assistance in facilitating this matter. We anticipate that a more detailed plan will be available after today's meeting. The City has requested a comprehensive report concerning the rebuild. As indicated through recent correspondence, TCI's local management has been working with Adelphia representatives to begin the walkout out phase of the rebuild. I believe that Adelphia has already presented the City with a comprehensive rebuild plan; however, it would be best for the City to discuss this issue with Adelphia directly. In the same vain, it would be more appropriate to address the unresolved Hyperion issues directly with Hyperion. The City has also expressed a "particular concern" with the extent of TCI's involvement in Pamassos. L.P. We have previously provided the City with an organizational chart which depicts the ownership structure of Parnassos L.P.. Adelphia will be the managing general partner of the Partnership. As Page 63 98-0623.TXT such, Adelphia will be responsible for the day to day operational decisions associated with the Parnassos, L.P. cable systems. In terms of ability to influence decisions, TO will hold 2 of the 5 seats on the Parnassos L.P. Board of Representatives. Section 7.5 of the Partnership Agreement further describes actions of the Partnership that require the unanimous consent of all members of the Board of Representatives. Section 13 of the Pamassos L.P. Partnership Agreement outlines the terms and conditions for termination and buy out of the Partnership. In closing, we are confident that we can reach a resolution with the City on all outstanding items. We welcome the opportunity to discuss and resolve these matters in further detail at the June 12, 1998 meeting. If you have any questions, please call me at (732) 560-7609. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 104 APPROVAL OF THE TRANSFER OF THE FRANCHISE FROM TCL OF NEW YORK, INC. TO PARNASSOS, L.P. This letter is a formal request that the transfer of the City of Buffalo's ("City") cable television franchise from TCI of New York, Inc. (TCI) to Parnassos, L.P. be considered for approval at the Common Council meeting scheduled for June 23, 1998. Adelphia, as the managing general partner of Pamassos, is anxious to assume the day-to-day responsibility for the cable system operations within the City. Both Adelphia and TCI have agreed to several "items of consideration" set forth by the City. thest items of consideration are outlined in the attached letter dated June 16, 1998 which was hand delivered to the City by Adelphia and TCI. In addition, TCI has stated that it will not pursue the payment of any money due from BCTV, the City's third party public access administrator. Adelphia has also indicated, in public meetings, its willingness to post a construction bond up to the completion of the 75 0 MHz system upgrade. Adelphia has requested a; 3 year time period in which to complete the 750 MHz two way active upgrade. In anticipation of the City's desire for Adelphia's local presence, the first phase of the rebuild-- physical system walk out of the cable plant--has already begun. Once the 750 MHz upgrade is completed, the system will be activated with a return path that enables customers to receive additional services such as high speed modems, additional channels and possible future telecommunications services. Adelphia is pleased to announce that all employees of TCI's Buffalo system have been offered employment with Adelphia. Accordingly, there will be no reduction in the current work force. Furthermore, as a result of Pamassos' $30 million upgrade, Adelphia anticipates the creation of additional jobs for the residents of the City of Buffalo and Western New York. We believe that issues outlined above and the considerations contained in the attached letter represent only some of the benefits that completion of this transfer will bring to the residents of the City. Failure to approve would ultimately delay these benefits and have economic repercussions for all parties involved. Thank you for your assistance with this matter. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. Page 64 98-0623.TXT NO. 105 TCI OF NEW YORK VARIOUS CHARGES FOR SERVICES FROM NIAGARA MOHAWK REQUESTED NIAGARA MOHAWK RATE INFORMATION It was a pleasure to meet you at the hint 12th Telecommunications meeting. Presented below is die information you requested at the at meeting In summary, we pay Niagara Mohawk for the following services: 1 . Pole A Vachnient - approximately $20,000.00 per year 2. Monthly Electric - Rate 2 (Small genera(service) category for 355 Chicago St Only: Charge for demand billed $8.56708 per KW for an average of $ 1,150 per month Charge for energy billed $0.06220 per KWH for an average of(S4,100 per month Approximate monthly charge - 35,740.00 3. Power supply for plant OP01460113 - current payments are approximately $20,000 per month -OR- an approximate rate of $ C-8.80 per pole. Asummary of our trial 1997 payments to Niagara Mohawk is as follows: Pole Attachment 420.000 Power Supply 235,000 office Electric 65,000 Total Electric Usage 720,000 If you faced further information, please call me at 843- 30. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 106 JAMES NEILSON, 111, OWNER, PETITION TO USE 795- 797 ELMWOOD FOR A ART GALLERY WITH A BEER & WINE LICENSE.. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 107 C. DESTRO & O., OWNER, PETITION TO USE 1200 HERTEL FOR A TAKE-OUT RESTAURANT. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT CLAIMS COMMITTEE (ROBERT R. QUINTANA, CHAIRPERSON) NO. 108 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Melanie and Joseph Brzoska $25,000.00 A 2. Jason Jones $7,500.00 A 3. Steven Kahler $40,000.00 A 4. Kelly Marie Wegrzyn an Infant By: Edward Webrzyn F/N/G $5,000.00 A 5. Cheryl Cole, Individually and P/N/G of Tyrone Balance an Infant $17,500.00 That checks be drawn on the account of 81-2 General City Page 65 98-0623.TXT Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES- 11 NOES- 0 NO. 109 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Patrick Annunziata Claim for eyeglasses broken in the line of duty in the Department of Street Sanitation. He was hit by a chain while he was installing a blade on a Packer and his eyeglasses were broken. $280.84 B 2. Michael Constantino Claim for damage to the roof and building at 23 Mariner (rear cottage) as a result of a City owned tree falling on it. $430.00 B 3 . Anita M. Eagan Claim for damage to a 1998 Ford Contour vehicle. A large limb from a City owned tree at 116 Fairfield fell on the vehicle. $1,766.10 B 4. Carol and Mary Cathleen Elia, Allstate Insurance Company A/S/0 Claim for damage to a 1996 Pontiac Sunfire. The vehicle was parked at 465 West Ferry when a large tree fell on it. $7,707.48 B 5. Anna Fedyk Claim for damage to gutters at 43 North Central Avenue when a branch from a City owned tree fell against the house. $100.00 B 6. Daphney Holmes Claim for damage to a 1986 Ford Taurus. Large limbs from a City owned tree fell on the vehicle causing damage. $1,100.75 B 7. Lori-Ann Hughes Claim for damage to a 1987 Dodge Shadow at 350 Davey Street. Workers from the Mayor's Impact Team were trimming trees when one of the branches fell onto the vehicle. $421.63 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES- 11 NOES- 0 NO. 110 PROPERTY DAMAGE B 8. Vivian D. Jackson This is a claim for a set of keys that were lost by the Police Department and for expenses incurred as the result of Ms. Jackson's 1997 Ford Expedition being impounded on August 24, 1997 by "B" District. The claimant had to have the lock cylinders replaced and the remote control and alarm reprogrammed. Page 66 98-0623.TXT The Department of Law has verified all the necessary information and believes the claim to be valid, The Corporation Counsel recommends payment in the amount of $343.84 That the above item be, and the same hereby is, Denied ADOPTED NO. 111 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 9. Carmell V. Lucas: Claim for damage to a 1982 Oldsmobile at the impound garage after the vehicle was impounded. The vehicle was sideswiped by another vehicle as employees were bringing other vehicles into the impound garage. $750.00 B 10. Saint John United Church of Christ, Robert E. Kindred Claim for damage to a section of a chain link fence which was destroyed at 16 Good Avenue. A large City owned tree fell and crushed the fence. $450.00 B 11. William P. Snyder: Claim for a 1989 Chevy S- IO Truck which was towed to the Impound Garage and damaged. $2,361.60 B 12. Barbara J. Smith: Claim for damage to a 1996 GMC Jimmy as a result of it being towed by the City. The sling on the City tow truck damaged the vehicle. $266.11 B 13. Leroy T. Williams: Claim for damage to a 1992 Toyota while it was in the Tonawanda Street Impound Garage. The vehicle was broken into, damaged and the speakers were stolen. $411.16 B 14. Lynn Baumgart, Jacqueline Corbi, Steven Leo, Dale Prieur, Marsha Radka and Sandra Twentyfive These six claims are for damage to students' jackets. The students were using the facilities at the Hennepin Recreation Center when agents for the City were painting the building. The area was not properly posted nor were the students informed that painting was going on where they normally place their jackets and paint was splattered over the jackets. Lynn Baumngart $100.00 Jacqueline Corbi $98.00 Steven Leo $100.00 Dale Prieur $68.00 Marsha Radka $73.00 Sandra Twentyfive $79.00 B 15. Anthony Chmura Claim for payment for eyeglasses that were broken in the line of duty on November 16, 1995 in the Department of Street Sanitation. $327.00 B 16. Derrick L. & Melvenia Martin Claim for damage to a 1994 Chevrolet Astrovan. Ms parked van was hit and damaged by a trash can that was thrown by a Sanitation worker picking up garbage at 405 Bristol Street. $107.99 B 17. Parthenope Pozantides Claim for the cost of replacement of the right side mirror of a 1994 Chevrolet Lumina. Ms. Pozantides claims that one of the large garbage cans that the City uses for its pilot program fell over onto her vehicle near 415 Colvin Avenue. $111.19 B 18. Leon James Colucci Claim for damage to a front entrance door of a building at 476 Rhode Island Street. The Fire Department, responding to a fire call at 478 Rhode Island Page 67 98-0623.TXT Street mistakenly axed the door at 476 Rhode Island Street. $291.50 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES- 11 NOES- 0 NO. 112 MISCELLANEOUS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. New York State Department of Labor This is a claim for payment to New York State Department of Labor for a violation of the Public Employee Safety & Health Act at the Department of Street Sanitation's Broadway Garage, 197 Broadway in June of 1992. $1,800.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES- 11 NOES- 0 NO. 113 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1. Buffalo General Hospital This is a claim for payment of prior fiscal year Invoice# 6010664 for services rendered to Firefighter David Forcucci That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES- 11 NOES- 0 NO. 114 MISCELLANEOUS REFUND/REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E. 1. Robert and Marion Carter Claim for reimbursement of plumbing expenses incurred on June 19, 1997 at 56 Glor Street. A sink hole appeared on the front lawn and City inspectors told them to engage a plumber. Upon excavation, it was found that when new curbs were installed in the 1960's, drain tiles were either not put in or put in incorrectly. $300.00 Page 68 98-0623.TXT E 2. City of Buffalo Division of Treasury Claim for reimbursement of Clearing Account fees per Audit of Treasury by the Comptroller's Office. This is a prior fiscal year matter and must be paid through the claims process. E 3 . William Crawford Claim for reimbursement of the purchase price paid to obtain a vehicle from the City auction. After the purchase, it was found that there was a computer mistake and M & T Bank, the lienholder had a right to the vehicle. $1,675.00 That checks be drawn on the account of 8 1 -2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES- 11 NOES- 0 NO. 115 MISCELLANEOUS PAYROLL That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: F1Byron W. Brown This is a prior fiscal year medical and dental in lieu payment for 1-1-96 to 12-31-97. This has been confirmed by Labor Relations.$2,360.00 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED AYES -11 NOES 0 NO. 116 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: G1Colleen M. Ando Claim for a damaged tire on a piece of metal protruding from the curb at 62 Payne Avenue. 104.75 G2Jamie Moore Mr. Moore was the victim of an armed robbery. Subsequently his vehicle was impounded by the City to investigate and check for fingerprints. Mr. Moore is requesting the City reimburse him the ($82) he had to pay for the cost of towing so that he could get his vehicle released.82.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -11 NOES 0 NO. 117 REPORT TO THE CLAIMS COMMITTEE G3Timothy S. Scioli Page 69 98-0623.TXT Claim for wages of an Assistant Chief of Detectives in the Homicide Unit of the Police Department for the Period he was detailed to the Violent Career Task Force.$5,870.73 Mr. Quintana now moved that the above item be recommitted to the Committee on Claims. Seconded by Mr. Franczyk. ADOPTED NO. 118 REPORT TO THE CLAIMS COMMITTEE G4Matthew R. Brooks Claim for a 1983 Buick Electra that was towed to the Impound Garage and sold at auction. Mr. Brooks claims that the Police Department did not take his vehicle off the stolen car list and his vehicle was towed. He claims he reported his vehicle stolen on October 20, 1997. The vehicle was recovered on November 18, 1997 from 39 Fernhill and was towed by the City on November 20, 1997 to the Impound Garage. Certified notices of auction were sent to claimant and were signed for on December 8, 1997. The vehicle was sold at auction on January 7, 1998 for ($100). Mr. Brooks claims he has a letter from Commissioner Kerlikowske saying to release the vehicle to him without charging towing and storage. He did not produce the letter. His claim is in the amount of ($5,000). That the above item be, and the same hereby is, Tabled. ADOPTED REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 119 RESIDENCY INVESTIGATION PROCESS (ITEM# 73 C.C.P.MARCH 17, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 120 C. ZANE - MEDICAL BENEFITS-RETIRED BLDG. INSP. (A&F) (ITEM# 62 C.C.P. JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 121 APPOINTMENT DATA PROCESSING EQUIPMENT OPERATOR That Communication14, June 9, 1998 be received and filed and the Temporary appointment of Janet Reyes above at the starting salary $28,522.00 effective on May 18, 1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 122 APPOINTMENT CAULKER SUPERVISOR I That Communication 40, June 9, 1998 be received and filed and the Permanent appointment of Salvatore Abbate, Jr., above at the starting salary $30,901.00 effective on May 26, 1998 is hereby approved. Page 70 98-0623.TXT PASSED AYES -11 NOES 0 NO. 123 APPOINTMENT CAULKER SUPERVISOR I That Communication 41, June 9, 1998 be received and filed and the Temporary appointment of Raymond Canfield, above at the Intermediate salary $30,901.00 effective on May 26,1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 124 APPOINTMENT JUNIOR ENGINEERING That Communication 42, June 9, 1998 be received and filed and the Permanent appointment of Steven J. Stepniak, above at the Intermediate salary $32,481.00 effective on May 22, 1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 125 APPOINTMENT JUNIOR ENGINEER That Communication 43, June 9, 1998 be received and filed and the Permanent appointment of Joseph J. Poltrak, above at the Intermediate salary $32,48 1. 00 effective on May 22, 1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 126 APPOINTMENT LABORER I That Communication 44, June 9, 1998 be received and filed and the Permanent appointment of Ann M. DiStefano, above at the Intermediate salary $9.88 effective on May 21, 1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 127 APPOINTMENT MAINTENANCE ASSISTANT-WATER That Communication 45, June 9, 1998 be received and filed and the Provisional appointment of Thomas J. Cegielski, above at the Intermediate salary $27,212.00 effective on June 1, 1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 128 APPOINTMENT RADIO SUPERVISOR That Communication 48, June 9, 1998 be received and filed and the Permanent appointment of Robert Andrycha, above at the Intermediate salary $35,416.00 effective on June 8, 1998 is hereby approved. PASSED AYES -11 NOES 0 Page 71 98-0623.TXT NO. 129 APPOINTMENT SENIOR INVENTORY CLERK That Communication 58, June 9, 1998 be received and filed and the Permanent appointment of Salvatore Canazzi, above at the Intermediate salary $27,321. 00 effective on June 8, 1998 is hereby approved. PASSED AYES -11 NOES 0 NO. 130 APPOINTMENT PERSONAL ASSISTANT That Communication 68, June 9, 1998 be received and filed and the Permanent appointment of Carolyn A. Lenczyk, above at the Promotional salary $26,364.00 effective on May 29,1998 is hereby approved. PASSED AYES- 11 NOES- 0 NO. 131 NOTICES OF APPT. - TEMP/PROV/PERM (CCLK) (ITEM# 76 C. C. P. JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 132 CITY ENERGY CONTRACTS (PW) (ITEM# 26 C.C.P.FEBRUARY 3, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 133 SENIOR CITIZEN EXEMPTION NYRPTL 467 (ITEM NO. 28, C.C.P., MAR. 31, 1998) That the Common Council does hereby adopt the Senior Citizen Exemption to allow an adjustment to eligible income by deducting all medical and prescription expenses not reimbursed or paid for by insurance as detailed in the NY Real Property Tax Law Section 467; and That the Corporation Counsel prepare the necessary legislation/documentation to enact such Senior Citizen Exemption; and That the City Clerk be authorized to give notice for a public hearing once the legislation has been prepared. ADOPTED NO. 134 REPORT OF AUCTION - 1733 & 1731 SENECA STREET (FORMER PRECINCT #9) (ITEM NO. 12, C.C.P., APR. 28, 1998) That the offer from Western New York Realty, Mr. Harold Schectman of 135 Delaware Avenue, P.O. Box 1011, in the sum of One Hundred Five Thousand Dollars ($105,000.00 ) to purchase the properties described as 1733 and 1731 Seneca Street (Former Precinct #9, Includes Firehouse #25), be and hereby are accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to cover the auctioneer's fees; and Page 72 98-0623.TXT That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents for the transfer of title (including a lease for the portion the Fire Department is currently utilizing at a term of five (5) years with an option for two (2) additional five year terms with an annual rent of $4.00 per square foot) and the terms and conditions as listed in the above communication. That the Mayor be, and he hereby is authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES- 11 NOES- 0 NO. 135 REQ. CITY INSTALL WATER FILTERS W/METERS (PW) (ITEM# 34 C.C.P. JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 136 PERMISSION TO HIRE A CONSULTANT DEMOLITION OF CITY DIVING POOL (ITEM NO. 72, C.C.P., MAY 26, 1998) That the Commissioner of Community Development be, and he hereby is authorized to hire a consultant to prepare plans and specifications to demolish the City's diving pools in various parks. The department must report back to the Council for approval of any redevelopment/reuse plan for the diving pool facilities. Funds for this project are available in Bond Fund Account 201-717-003. PASSED AYES- 11 NOES- 0 NO. 137 PERM. HIRE CONSULT. - DEMO OF DIVING POOL (HSPR) (ITEM# 64 C.C.P.JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 138 PERMISSION ACCEPT 60 HEDLEY PLACE AS GIFT TO CITY (ITEM NO. 169, C.C.P., MAY 26, 1998) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved: That the Common Council recommends the acceptance of 69 Hedley Place as a gift to the City of Buffalo on the following conditions: 1 . That there are no outstanding taxes, utility bills, and/or sewer bills 2.That there are no major outstanding liens on the property 3.That the property be inspected to ensure that there are no major environmental problems; if there are environmental problems, provisions should be made to remediate them; and That the Departments of Assessment, Community Development, Division of Inspections, the Corporation Counsel, and all other necessary departments work together to ensure that the aforementioned conditions are met and to expedite the transfer of the property at 60 Hedley Place to the City. That the above item be Received and Filed ADOPTED Page 73 98-0623.TXT NO. 139 PERIN. ACCEPT 60 HEDLEY PI. AS GIFT TO CITY (ASMT) (ITEM# 21 C.C.P.JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 140 TRANSFER TO CITY - AM. RED CROSS PROJECT 1269 & 1277 JEFFERSON AVENUE, 350 & 358 RILEY STREET (ITEM NO. 56, C.C.P., JUNE 9, 1998) That the Common Council approve the transfer of title of 1269 & 1277 Jefferson Avenue, 350 & 358 Riley Street from the Buffalo Urban Renewal Agency to the City for the sum of One Dollar ($ 1.00) and no more. PASSED AYES- 11 NOES- 0 NO. 141 PERMISSION TRADE-IN EQUIPMENT - PURCHASE NEW EQUIPMENT JACOBSON ENGINES (ITEM NO. 65, C.C.P., JUNE 9, 1998) That the Commissioners of Human Services, Parks and Recreation and General Sevices be, and they hereby are authorized to trade in the equipment listed in the above communication to purchase seven (7), 1998 Jacobson T 445G Turfcat 44.6 h.p. engine. PASSED AYES- 11 NOES- 0 NO. 142 PERMISSION TRADE-IN EQUIPMENT - PURCHASE NEW EQUIPMENT ZAMBONIS (ITEM NO. 66, C.C.P., JUNE 9, 1998) That the Commissioners of Human Services, Parks and Recreation and General Services be, and they hereby are authorized to trade in the four (4) Zambonis listed in the above communication ant to accept bids to purchase two (2) Zambonis with side brush and gas engine. PASSED AYES- 11 NOES- 0 NO. 143 REPORT OF BIDS - SOUND AND LIGHTING SYSTEM FOR LASALLE PARK PAVILION (ITEM NO. 67, C.C.P., JUNE 9, 1998) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to award a contract for the Sound and Lighting System at LaSalle Park Pavilion, to Indigo Productions, the lowest bidder, in the total amount of $3,400.00 (small and large shows). PASSED AYES- 11 NOES- 0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 144 M.D. CRAMER AND OTHER, PETITION TO USE 185 ALLEN - SIT-IN RESTAURANT W/LIVE MUSIC (ITEM NO. 88, C.C.P., JUNE 9, 1998) Page 74 98-0623.TXT That the above item be, and the same hereby is, returned to the Common Council without recommendation Mr. Coppola moved: That after a public hearing before the Committee on Legislation on June 16, 1998, the petition of M. D. Cramer and other, owners, for permission to use 185 Allen for a sit-in restaurant with live music be, and hereby is approved. PASSED AYES- 11 NOES- 0 NO. 145 CARMILE HAUN AND OTHERS, PETITION TO USE 951 BIDWELL - SIDEWALK CAFE (ITEM NO. 189, C.C.P., JUNE 9, 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. 146 NEW WESTBROOK PROPERTIES, PETITION TO USE 675 DELAWARE AVENUE - SIDEWALK CAFE (ITEM NO. 90, C.C.P., JUNE 9, 1998) hat after a public hearing before the Committee on Legislation on June 16, 1998, the petition of New Westbrook Properties, owner, for permission to use 675 Delaware Avenue for a sidewalk cafe be, and hereby is approved. PASSED AYES- 11 NOES- 0 NO. 147 THOMAS KEOHANE, PETITION TO USE 487 NIAGARA STREET - POLE SIGN (ITEM NO. 91, C.C.P., JUNE 9, 1998) That after a public hearing before the Committee on Legislation on June 16, 1998, the petition of Thomas Keohane, owner, for permission to use 487 Niagara Street for a pole sign be, and hereby is approved. PASSED AYES- 11 NOES- 0 NO. 148 BRISBANE REALTY, PETITION TO USE 395-403 MAIN STREET - WALL SIGN (ITEM NO. 94, C.C.P., MAY 12, 1998) That after a public hearing before the Committee on Legislation on June 16, 1998, the petition of Brisbane Realty, owner, for permission to use 395-403 Main Street for a wall sign be, and hereby is approved. PASSED AYES- 11 NOES- 0 NO. 149 USE 395 MAIN (C.P. BD.) (ITEM# 2 C.C.P.JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 75 98-0623.TXT NO. 150 AAA-TOWING ORDINANCE (ITEM# 78 C.C.P.MAY 12,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 151 TRAFFIC PROBLEMS AT THE BUFFALO MUSEUM OF SCIENCE (ITEM NO. 200, C.C.P., APR. 28, 1998) That this Common Council requests that the Department of Public Works investigate the feasibility of closing the west drive in Martin Luther King Jr. Park by removing approximately 240 linear feet of driveway and adding curbs, grass and landscaping and, also the feasibility of converting of the Dodge Street bridge between West Parade and Humboldt Parkway from one-way traffic, south to two-way traffic; and That the Department of Public Work files with this Common Council a report indicated the feasibility of implementing the above changes; and That the Department of Public Works in the report, the status of the approving action taken by the Common Council in regard to "Closing Museum Parking Lot" (Item No. 165, C.C.P., July 11, 1995 and Item No. 41, C.C.P., June 13, 1995). Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 152 ORDINANCE AMENDMENT - CHAPTER 137 - CODE ENFORCEMENT (137-7) (ITEM NO. 172, C.C.P., JUNE 9, 1998) That the Ordinance Amendment as contained in Item No. 172, C.C.P., June 9, 1998, be and the same hereby hereby is received and filed ADOPTED NO. 153 ASHLAND PEST CONTROL INTEGRATED PEST MGMT. PROG. (ITEM# 79 C. C.P.MAY 12, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 154 NOTIFICATION SER. 49011-9019 (PW) (ITEM# 22 C.C.P. JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 155 SIDEWALK CAFE - 484 ELMWOOD AVENUE (ITEM NO. 35, C. C. P., JUNE 9, 1998) That the Commissioner of Public Works be, and he hereby is authorized to issue a mere license" to Mr. Omprakash Sabharwal, owner of Tandori Express Restaurant, located at 484 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtain any and all other City of Buffalo Page 76 98-0623.TXT permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed seven feet (7') in length or extend more than six feet (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES- 11 NOES- 0 NO. 156 SIDEWALK CAFE - 1519 HERTEL AVENUE (ITEM NO. 36, C.C.P., JUNE 9, 1998) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Phil Alagna, owner of M. T. Pockets Bar and Restaurant, located at 1519 Hertel Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed fifteen feet (15') in length or extend more than twelve feet (12') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES- 11 NOES- 0 NO. 157 SIDEWALK CAFE - 285 PARKSIDE AVENUE (ITEM NO. 3 7, C.C.P., JUNE 9, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr,. Coppola moved: Page 77 98-0623.TXT That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. John Augustine, owner of Parkside Restaurant & Pizza, located at 285 Parkside Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed ten feet (IO') in length or extend more than six feet (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 158 CHARTER REV. COMM-MINUTES 5/28/98 (ITEM# 79 C.C.P. JUNE 9, 1998) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 159 CHARTER REV. COMM-MINUTES 6/4/98 (ITEM #80 C.C.P. JUNE 9, 1998) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 160 C.CARARIA - CHANGE NAME FROM BUSTI TO FRONT PARK (ITEM NO. 113, C.C.P, APR. 14, 1998) (ITEM NO. 128, C. C.P., JUNE 9, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Coppola moved: That the City Clerk publish the notice of intention to change the name from Busti to Front Park, pursuant to Section 286-3 of the Code. LOST AYES-COPPOLA, FRANCZYK, PITTS, QUINTANA - 4 NOES-BROWN, FONTANA, KAVANAUGH, LOTEMPIO, MANLEY, WILLIAMS, ZUCHLEWSKI - 7 COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI CHAIRMAN) NO. 161 LDA-SO. ELLICOTT PH. 2-PORT EXCHANGE ST. (ITEM NO. 51 CCP JUNE 9, 1998) That the above item be and the same is returned to the Common Council without recommendation. Page 78 98-0623.TXT 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. On motion by Mrs. LoTempio, seconded by Mr. Quintana, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Maria Scinta,CD, Bill Huntress, Robert Harper, Lamar Adv. Mrs.LoTempio now moved that the hearing be closed. Seconded by Mr. Franczyk. CARRIED WHEREAS, the Buffalo Urban Renewal Agency has duly designated Acquest Holdings, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Acquest Holdings, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of 289 Exchange Street in the South Ellicott Phase 2 Urban Renewal Area. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Acquest Holdings, Inc. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES-11, NOES-0 NO. 162 REUSES FOR BFLO. CONV. CTR. BLDG. (ITEM# 198 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 163 REUSES FOR BFLO. CONV. CTR. (CD) (ITEM# 63 C.C.P. MARCH 17, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 164 REUSES FOR BFLO. CONV. CTR. (PW) (ITEM #5 C.C.P. APRIL 14,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 165 EC LEG - SUPPORT NEW CONVENTION CTR. (ITEM 87 C.C.P. MARCH 17, 1999) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 166 Page 79 98-0623.TXT BEDC-INNER HARBOR PROJ.-STATUS REPORT (ITEM# 86 C.C.P. FEBRUARY 17, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 167 EDUCATING HOMEOWNERS (ITEMS 199 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 168 EDUCATING NEW HOMEOWNERS (CD) (ITEM# 73 C.C.P. MARCH 31, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 169 P.MANN-WATER PROBLEM 757 E. EAGLE (ITEM# 84 C.C.P. MARCH 17,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 170 P.MANN-WATER PROBLEM 757 E. EAGLE (ITEM# 99 C.C.P. APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 171 P.MANN-WATER PROBLEM 757 E. EAGLE (CD) ITEM# 73 C.C. P. MAY 26, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 172 P.MANN-WATER PROBLEM 757 E. EAGLE (CD) (ITEM# 53 C.C.P. JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 173 LDA NEW BFLO. IND. PK. - GEMINI FINISHERS (HRG. 3/17)(#63, 3/3) (ITEM# 166 C.C.P. MARCH 17,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 174 LASALLE PARK MASTER PLAN (ITEM NO. 208, C.C.P., APR. 14, 1998) That the Common Council hold a public hearing in the Common Council Chamber to discuss the LaSalle Park Master Plan; and That the City Clerk's Office is hereby authorized to publish notice of said public hearing on the LaSalle Park Master Plan. Adopted. NO. 175 MAIN LASALLE PK. RIVIT. P-DRAFT-GEIS (CD) (ITEM 61 C.C.P. MAY 12,1998) That the above mentioned item be and the same is hereby received and filed Page 80 98-0623.TXT ADOPTED NO. 176 BICYCLE ACCESS. ON ST. IMPROVE. PROJ. (PW) (ITEM# 39 C.C.P. APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 177 NYSDEC - REGISTRY OF HAZARDOUS MATERIAL - DART STREET (ITEM NO. 83, C.C.P., JUNE 9, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Zuchlewski moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED EDUCATION (BARBARA A. KAVANAUGH, CHAIRPERSON) NO. 178 MAKE CONFLICT RESOLUTION PART OF BUFFALO PUBLIC SCHOOL CURRICULUM (ITEM NO. 229, C.C.P., FEB. 17, 1998) That instruction in conflict resolution, cultural awareness, and cultural sensitivity be considered by the Board of Education as a mandatory component of the curriculum of the Buffalo Public School System as soon as possible; and That Superintendent James Harris develop and file summaries of a draft conflict resolution, cultural awareness, and cultural sensitivity curriculum with this Honorable Body once it has been reviewed by the Board of Education; and That the City Clerk send certified copies of this resolution to all of the members of the Buffalo Board of Education, the Buffalo Teachers Federation, and Parent Organizations. ADOPTED NO. 179 RECYCLING IN THE SCHOOLS (ITEM #171 C.C.P. OCTOBER 14, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 180 CITY-SCHOOL BD. SOLID WASTE COLLECTION AGREE. (CC) (ITEM 61 C.C.P. JANUARY 20, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 181 PUBLIC SCHOOL SOLID WASTE/RECYCLE CONTR. (CC) (ITEM# 69 C.C.P. APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 182 ADM. PLANS FOR NORTHWEST ACADEMY (ITEM# 202 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 183 ADM. PLANS FOR NORTHWEST ACADEMY, ETC. (ITEM# 74 C.C.P. MARCH 17, 1998) Page 81 98-0623.TXT That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 184 COORD. PLANS N.W. ACADEMY & N. W. COMM. CTR. (ITEM# 203 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 185 SUPPORT PLANS - MAKE SCH. #90 A YR. ROUND SCH. (ITEM# 187 C.C.P. MARCH 31, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 186 RESPOND MAKE SCHOOL# 90 YR ROUND SCHOOL(BD OF ED) (ITEM# 86 CCP APRIL 14, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 187 AGRESSION INTERVENT./SCH.AGE YOUTH (ITEM# 194 C.C.P. APRIL 14,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED RESOLUTIONS NO. 188 By: Mr. Brown PERMISSION TO ACQUIRE 60 HEDLEY PLACE BY THE CITY OF BUFFALO Whereas:The stone farmhouse at 60 Hedley Place, which was built circa 1850, was constructed on a double lot measuring 80 feet by 120 feet as the main building of a farmstead; and Whereas: Hedley Place was not part of the City of Buffalo as it was originally incorporated; Hedley Place was located approximately two miles beyond the original limits of the City of Buffalo; and Whereas: Hedley Place and the surrounding area were annexed by the City of Buffalo in 1853; and Whereas: Owners of the property at 60 Hedley Place have included prominent early Buffalonians such as Erastus Granger, Louis LeCouteulx, Bronson Rumsey, and Vincent Bidwell, as well as the Sisters of Charity; and Whereas: A hybrid Greek Revival structure, the farmhouse has survived waves of community change and has great potential as an archeological resource; and Whereas: The farmhouse is a visible reminder of Buffalo's agricultural, architectural, economic and cultural past; in addition, there is speculation that 60 Hedley Place may have served as a stop on the Underground Railroad; and Whereas: This property has already been designated as a local historic landmark and the possibility exists that it may be designated as a state and national historic landmark in the future; and Whereas: The current owner of 60 Hedley Place has indicated that he would like to grant title to the property of 60 Hedley Place to the City of Buffalo provided that the City of Buffalo commits to maintaining and preserving this property as Page 82 98-0623.TXT an important component of Buffalo's history; and Whereas: Members of the City's Hamlin Park community, the Hamlin Park Community & Taxpayers Association (HPCTA), Canisius College, and the Preservation Coalition of Erie County have all expressed an interest in the renovation of 60 Hedley Place; and Whereas: This proposal has been reviewed and approved by the Corporation Counsel; and Whereas: The Buffalo Common Council has demonstrated its commitment to this project by designating $300,000 in 1998-1999 Capital Bond Funds for renovation and reconstruction of this historic structure; Now, Therefore, Be It Resolved: That the Common Council recommends acquisition by the City of Buffalo of the property at 60 Hedley Place on the condition that the City assumes and pays the cost of outstanding taxes and liens at closing; and Be it Further Resolved: That the City of Buffalo Department of Assessment, Department of Community Development, Division of Inspections, the City of Buffalo Corporation Counsel, and all other necessary departments work together to expedite the transfer of the property at 60 Hedley Place to the City of Buffalo PASSED AYES-11, NOES-0 NO. 189 BY: MR. BROWN AND MR. PITTS ESTABLISH ADVISORY COMMITTEE FOR REDEVELOPMENT OF KENSINGTON HEIGHTS Whereas: Kensington Heights has been vacant for approximately twenty years; and Whereas: This former public housing site has become increasingly dilapidated and blighted as a result of abandonment; and Whereas: The "Masten District Improvement Plan" outlines a blueprint for the redevelopment of the Masten District into a stronger, more vibrant community and the redevelopment of Kensington Heights is a key element of the plan; and Whereas: The "Buffalo Public Schools Space Utilization Task Force Report" is a plan to restructure the Buffalo Public Schools system; this report proposes a relocation of the administrative offices and sets a goal to create the best educational programs in Western New York; and Whereas: A partnership between the Board of Education , Masten District recognizing the need for Buffalo Municipal Housing Authorities and City of Buffalo support could bring success in achieving the goals of all entities; and Whereas: A successful redevelopment of Kensington Heights into a viable and strong community requires the recognized elements of a public-private partnership as well as a population mass in order to create a prosperous and stable neighborhood; and Whereas: This cooperative venture would propose and review re-use options keeping in mind considerations for mixed use development the possibilities could include housing, an educational campus with administrative offices, a community school, and a space for a vocational studies program, minority employment training, as well as commercial investment; and Whereas: A redevelopment of Kensington Heights could revitalize a thriving community with public service facilities, community meeting spaces, and recreational facilities; the enhanced facilities and better coordination of services at lower costs a needed economic boost in the geographic heart of the Page 83 98-0623.TXT City; and Now, Therefore, Be It Resolved: That this Common Council establish an advisory committee for the redevelopment of Kensington Heights with members to include representatives from the Masten District, the Mayor's Office, the State Assembly and Senate, the Buffalo Municipal Housing Authority, the Buffalo Board of Education and the community; and Be it Finally Resolved: That this Honorable Body support the concepts and strategies for the redevelopment of Kensington Heights into a mixed use development to include all educational campus complete with administrative offices, a community school, as well as a vocational studies program; public service facilities including community meeting spaces, recreational facilities; a minority employment training program; public housing; and commercial investment. ADOPTED NO. 190 By: Mr. Brown PARTICIPATION/HIRING GOALS FOR MASTEN DISTRICT PROJECTS Whereas: The population of the Masten District is over 90% African-American and some census tracts within the district have unemployment rates of more than 20%; and Whereas: Given these facts, it is crucial that Masten District projects undertaken with taxpayer dollars provide employment for district residents; and Whereas: This is a matter of justice, backed by federal law, that can have a major impact on community morale; and Whereas: Establishing reasonable goals for minority/female workforce hiring and MBE/WBE participation is an important part of insuring that the economic benefits of projects in the Masten District are maximized for district residents; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Public Works to establish reasonable goals for minority and female workforce hiring and MBE/WBE participation for the following projects in the Masten District: Delavan-Moselle Center Expansion 118 East Utica (PAL) reconstruction Apollo Theater Reconstruction, Phase I C District Police Station Glenny Park Shelter House Construction; and Be It Further Resolved That: The goals be set as follows: Minority Hiring - 25% Female Hiring - 7% MBE Participation - 20% WBE Participation -5% ; and Be It Further Resolved That: The hiring goals are to apply to employees working on the projects in question and not to other employees of the contractor; and Be It Further Resolved That: Contractors be required to list the MBE/WBE subcontractors they will be using on a project as part of their bid for the project; and Be It Finally Resolved That: These hiring and participation goals be included in the contract specifications for these projects and sent as an addendum for the projects for which the specifications have already been distributed. Page 84 98-0623.TXT ADOPTED NO. 191 By: Mr. Coppola WAIVE BLOCK PARTY PERMIT FEES FOR NATIONAL NIGHT OUT Whereas: This year, National Night Out will be held on Tuesday, August 4, 1998, between 6:00 and 10:00 pm; and Whereas: In the City of Buffalo, this event is heavily promoted to fight crime and drugs, and promote neighborhood unity; and Whereas: Block Clubs are encouraged to take part in National Night Out activities with many of them planning block parties; and Whereas: The City of Buffalo charges a $12 processing fee for block party permits; and Whereas: To encourage block clubs to participate in this year's National Night Out activities, the city should waive the $12 processing fee for the permit to block city streets. Now, Therefore, Be It Resolved: This Common Council encourages participation of block clubs throughout the City of Buffalo in this year's National Night Out activities on Tuesday, August 4, 1998, and supports waiving the $12 block party permit fee for that date. PASSED AYES-11, NOES-0 NO. 192 By: Mr. Coppola MUNICIPALIZATION- KEY ISSUES Whereas: The City of Buffalo Common Council is considering a resolution leading to a referendum which will ask the voters of the City of Buffalo whether they want to further investigate the study of municipalization as a means to lower Buffalo electric rates. Such a referendum will commit the City to nothing, it will simply be a statement by the voters; and Whereas: "Exit fees" are not a reality and are not necessarily payable. In many instances, especially that applicable to the City of Buffalo, exit fees will not have to be paid. Even if the exit fees were to be paid, a municipal electric system would offer lower electric rates than Niagara Mohawk's high rates. A municipal electric rate including the payment of exit fees would offer the citizens of Buffalo rate reductions of 25 to 40%; and Whereas: Several recent independent studies, to include feasibility studies done for the towns of Ogdensburg, Gouvenor, Potsdam and Canton clearly show that there are means to avoid stranded costs or exit fees and even if they are payable the towns will realize savings of 25 to 40% ;and Whereas: A current feasibility study has not been conducted, such studies are expensive. Prior to taking on such an expense it is prudent to ask the voters for their opinion about high electric rates and their input into the development of a strategy to achieve lower rates. It is difficult to see how anyone can oppose asking the voters to express themselves; and Whereas: The cost of developing a municipal system is well defined. The cost must be the value that NiMo is paying property taxes on, if it is not, NiMo is paying either too much or too little in property taxes. Other costs such as start up costs, working capital, reserve accounts, and bonding in lieu of taxes are also easily defined. Taking all these costs into consideration yields a Buffalo municipal power price 25- 40% lower than the present and anticipated NiMo prices. A municipal electric system will offer the following savings: $71.5 million per year, over 1 billion will be saved over 15 years, $9.55 Page 85 98-0623.TXT million to city government done, thereby offering tax relief or improvement in City provided services. All savings stay in Buffalo and have a multiplies effect on the Buffalo economy; and Whereas: These savings are contrasted against those described in Power Choice; 3.2% over 3 years, with increases in following years; and Whereas: A municipal electric system will continue to pay taxes in the form of "in lieu of taxes" to the City.' Contrary to the gross misrepresentation by NiMo, the municipal utility will pay in lieu taxes which are equal to taxes presently paid by NiMo. These in lieu of taxes are included in the "all in" municipal power price which yields savings of 25 to 40%. NiMo is presently the City's highest tax payer, the new municipal utility will also be. No tax base will be lost; and Whereas: The City will incur debt in a municipalization project but the debt is in the form of revenue bonds, paid for as part of the electric rate. The debt payment is included in the all in price for electricity which is 25 to 40% lower than NiMo rates. It is like the difference between renting or owning your own home, most of us would rather own a home and pay a mortgage (such as municipalization) rather than pay rent (such as we do with NiMo). In addition, when the debt is paid off the municipal electric price will go down again... contrast with the continued high and increasing prices paid to NiMo; and Whereas: Competition will not produce lower prices. Under competition NiMo will still transmit and distribute power. If a customer selects another supplier of electricity, NiMo will charge that customer a non by passable fee which will put the competitive price right where they are at now, nearly double the national average; and Whereas: The municipal utility will not initially have access to low-cost hydra power, but it will have access to other cheap power on the open market. The municipal utility will be able to purchase wholesale power at about 2 1/2 cents per kilowatt hour. NiMo's cost of power is much higher often above 7 cents per kilowatt hour. Later, lower cost hydro power will be available to the municipal utility and prices will drop again; and Whereas: NiMo contends that it has 900 employees based in Buffalo and that most of those positions would be in jeopardy. That is not the case. A municipal utility will need qualified workers. In addition simple economics dictates that lower cost electricity will result in more business with more meaningful well-paying jobs relocating in Buffalo. If anything, a municipal electric system will insure job security and expand opportunities; and Whereas: The job security is contrasted with the top heavy management first attitude presently exhibited by NiMo. In the recent past we have seen hundreds of blue collar workers released by NiMo. Those workers who have remained employed have seen little or no wage increase. Meanwhile, NiMo executives have given themselves outrageous bonuses which averaged over $66,000 per executive in 1998. In addition, the NiMo shareholders have not seen a dividend payment for several years. It appears the only secure positions in NiMo are the top executives; and Whereas: The issues are simple; Do we want to do something about high electric rates? NiMo even under the best of circumstances can offer a 3.2 % rate decrease over 3 years. Such a situation will mean that the City of Buffalo continues to pay amongst the highest electric rates in the country. Should we further investigate municipalization which offers electric rate reductions of 25 to 40% ? We should ask the voters to decide Page 86 98-0623.TXT this issue with us. Now, Therefore, Be It Resolved: Should the Buffalo Common Council authorize preliminary studies and investigation at the cost of ($50,000 -$125,000) to consider the acquisition of the electric distribution system of the City of Buffalo pursuant to Section 360 of Article 14A of the New York State General Municipal Law. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. NO. 193 BY: Mr. Fontana ADVERTISEMENT OF PROPERTIES Whereas: For many years HUD was advertising properties for sale in the Buffalo News on Saturdays for the public to view and bid on; and Whereas:This advertisement of homes for sale made it easy for medium to low income people in the communities to find out what homes were for sale through HUD; and Whereas: Recently HUD stopped advertising in the news and switched to the Internet; and Whereas: The Internet access makes it almost impossible for people of low-med income to find out what homes are for sale; and Whereas: These people who do not have Internet access will never know what homes are for sale; and Now, Therefore, Be It Resolved: That a HUD representative report in person to the Council on the reasons why HUD stopped advertising in the print medium; and Be It Finally Resolved: That HUD inform the people of the City of Buffalo through a more affordable way the homes for sale by HUD. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND HOUSING AND URBAN DEVELOPMENT NO. 194 By: Mr. Fontana BABSTOCK MUSIC FESTIVAL Whereas: The Seneca-Babcock Community is having their annual Babcock Music Festival on Saturday, August 29,1998; and Whereas: The Seneca Babcock community Center would like permission to hang a banner across Seneca Street; and Whereas: The banner would be attached to the Community Center and 1167-1169 Seneca Street with permission of the owner, Mr. Abdul Kassem, 821-7810 Or 824-0618; and Now therefore Be It Resolved: that this common Council grant permission to the Seneca Babcock Community Center, to display the banner for the Seneca Babcock Music Festival pursuant to the conditions established by the Commissioner of Public Works, the Corporation Council, and the Special events Advisory Committee; and Be It Finally Resolved: That permission be granted to Seneca Babcock for their festival. PASSED AYES-11, NOES-0 NO. 195 By: Mr. Franczyk TRANSFER OF FUNDS VARIOUS DEPARTMENTS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,928,572 be and the same are hereby transferred from the Various Departments and said sums are Page 87 98-0623.TXT hereby reappropriated as set forth below: FROM: 81-3-000 Fringe Benefits 151 NYS Police & Fire Retirement System $1,128,886 176 Reserve for Agreements with City Unions 3,799,686 TOTAL $4,928,572 TO: 20-1-001 Department of Police Office of Police Commissioner 110 Salaries - Regular 160,327 114 Overtime Pay 143,673 20-1 -011 Department of Police Detective Bureau 110 Salaries - Regular 388,600 114 Overtime Pay 215,352 120 Court Time 234,783 20-1-012 Department of Police Patrol Services 110 Salaries - Regular 1,759,508 114 Overtime Pay 528,545 120 Court Time 572,197 20-1-013 Department of Police Traffic Services 114 Overtime Pay 112,040 120 Court Time 53,506 20-1-021 Department of Police Administration & Communications 110 Salaries - Regular 63,713 115 Holiday Pay 13,204 20-1-032 Department of Police Fleet Maintenance 114 Overtime Pay 26,753 121 Acting Time 6,210 21 -0-01 1 Department of Fire Firefighting Services 121 Acting Time 18,823 128 Duty Disability 80,231 571 Medical Services 210,000 21-0-012 Fire Prevention & Investigation 110 Salaries - Regular 32,547 21-0-013 Department of Fire Support Services 114 Overtime Pay 47,089 128 Duty Disability 73,379 21-0-023 Fire Alarm Telegraph System 114 Overtime Pay 42,168 21-0-031 Department of Fire HQ & Stationhouse Maint 110 Salaries - Regular 13,779 114 Overtime Pay 8,228 21-0-032 Servicing Automotive Equipment 114 Overtime Pay 11,758 40-1-012 Division of Engineering Lighting of Streets 110 Salaries - Regular 31,419 40-1-014 Division of Engineering Construction of Streets 132 In Lieu of Summer Hours 2,678 135 Automobile Allowance 12,383 40-2-031 Division of Buildings Operation & Maintenance of Public Buildings 112 Temporary Services 65,679 TOTAL $4,928,572 Page 88 98-0623.TXT PASSED AYES-11, NOES-0 NO. 196 By: Mr. Franczyk TRANSFER OF FUNDS VARIOUS DEPARTMENTS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $190,920 be and the same are hereby transferred from the Various Departments and said sums are hereby reappropriated as set forth below: FROM: 100 General Fund 03-0-001 Mayor & Executive Executive 110 Salaries-Regular $2,775 04-2-001 Division of Accounting Accounting Services 110 Salaries-Regular 11,692 06-2-001 Division of Administrative Adjudication Administrative Adjudication 110 Salaries-Regular 21,653 06-3-001 Division of Employee & Labor Relations - Labor Relations 110 Salaries-Regular 10,000 06-5-001 Division of Treasury 110 Salaries-Regular 40,000 40-2-031 Division of Buildings Operation & Maint Public Bids 110 Salaries-Regular 3,300 50-1-011 Division of Parks Parks, Golf Courses & Gardens 110 Salaries-Regular 11,500 70-0-013 Department of Street Sanitation Cleaning Streets & Snow Removal 533 Salt & Sand 90,000 TOTAL General Fund 190,920 TO: 100 General Fund 03-0-002 Mayor & Executive Office of Compliance 135 Auto Allowance 2,500 03-4-021 Zoning Board 135 Auto Allowance 275 04-0-001 Comptroller 570 Financial & Accounting Services 2,648 04-0-085 Capital Outlay 982 Office Equipment & Furnishings Overhead Data Projector 9,044 06-4-031 Division of Parking Enforcement Towing & Storage 110 Salaries - Regular 18,485 114 Overtime Pay 27,514 115 Holiday Pay 4,004 550 Rental of Land, Bldgs, Equip 13,124 583 Unclassified 8,526 40-2- Division of Buildings 021 Administrative Services 110 Salaries - Regular 1,500 022 Plan & Design Public Buildings 110 Salaries - Regular 1,800 50-1-032 Division of Parks Servicing Automotive Equipment Page 89 98-0623.TXT 114 Overtime Pay 11,500 70-0-012 Department of Street Sanitation Vermin & Animal Control 114 Overtime Pay 90,000 TOTAL General Fund $ 190,920 PASSED AYES-11, NOES-0 NO. 197 By: Mr. Franczyk TRANSFER OF FUNDS VARIOUS DEPARTMENTS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $284,725 be and the same are hereby transferred from the Various Departments and said sums are hereby reappropriated as set forth below: FROM: 01-1-002 Division of City Clerk Office of Telecommunications 110 Salaries-Regular 73,667 81-3-000 Fringe Benefits 151 NYS Police & Fire Retirement 211,058 TOTAL 284,725 TO: 01-0-085 Common Council Capital Outlay 982 Operating Equipment & Furnishings Television/Satellite Equipment 51,750 01-1-001 Division of City Clerk City Clerk 573 Engineering & Technical Services 21,917 09-0-001 Department of Assessment Assessment 536 Advertising 211,058 TOTAL 284,.725 PASSED AYES-11, NOES-0 NO. 198 BY:Mr. Franczyk WAIVE PERMIT FEE FOR FRENCH STREET BLOCK CLUB WHEREAS: The French Street Block Club has long advocated for a better quality of life in their East Side community; and, WHEREAS: On Saturday, July 18, 1998, the French Street Block Club will host a block party and constructive recreational and educational programs for young people from 10:00 a.m. to the early evening hours; NOW THEREFORE BE IT RESOLVED: That this Common Council waives the permit fee for the French Street Block Club for their street party and informational program on Saturday July 18. David A. Franczyk PASSED AYES-11, NOES-0 NO. 199 By: Mr. Gray SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS 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 Various Departments under the Page 90 98-0623.TXT various subheadings relating to positions listed below is hereby amended as follows: ATTACHMENT IN CITY CLERKS OFFICE E PASSED AYES- 11, NOES-0 NO. 200 By: Ms. Kavanaugh Buffalo Public Schools Parental Involvement Whereas: In January 1993, the Buffalo School District began the process of implementing the New York State New Compact for Learning which required all school districts to undertake programs that would increase school based planning and shared decision making; and Whereas: The Buffalo Board of Education set up a District Committee of Stakeholders that presented a report adopted January 26, 1994 recommending the establishment of School Based Management Teams at each school in order to comply with the State requirements; and Whereas: On June 10, 1998, many of the parents who were serving on the District Committee of Stakeholders resigned; and Whereas: Many schools do not currently have functioning School Based Management Teams; and Whereas: Increased parental involvement and school based planning are crucial to improving the education received by all Buffalo children; Now, Therefore, Be It Resolved: That this Common Council requests representatives from the Board of Education to appear at the Education Committee on Wednesday, July 1, 1998 to discuss the current status of school based planning and shared decision making in the Buffalo Public Schools. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 201 By: Mrs. LoTempio ORDINANCE AMENDMENT CHAPTER 137 - CODE ENFORCEMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: Fine Initial Additional Maximum FINE CLASS A $10.50 $10.50 $10.50 $31.50 [*Bakers and Confectioners - Chapter 88 - Section 2] [*Exhibitor - Chapter 463 - Section 7(B)] [*Certificate of Inspection - Chapter 75 - Section 14(b)) [*Pet Shop - Chapter 263 - Section 24(A)] [*Sign Permit - Chapter 387 - Section 8(A)] [*Temporary Stand - Chapter 370 - Section 2] Fine Initial Additional Maximum FINE CLASS B $30.00 $30.00 $30.00 $90.00 *Bakers and Confectioners - Chapter 88 - Section 2 *Exhibitor - Chapter 463 - Section 7(B) *Certificate of Inspection - Chapter 75 - Section 14(b) *Pet Shop - Chapter 263 - Section 24(A) *Sign Permit - Chapter 387 - Section 12 *Signs - Erection, repair, alteration or removal businesses - Chapter 387 - Section 14 *Temporary Stand - Chapter 370 - Section 2 It is hereby certified, pursuant to Section 34 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. Michael Risman Corporation Counsel Approved As to Form Page 91 98-0623.TXT Note: Matter in () to be deleted. Matter underlined is new. PASSED AYES-11, NOES-0 NO. 202 By: Mrs. LoTempio COUNCILMEMBER GRAY EXCUSED FOR ABSENCE JUNE 23, 1998 Now. Therefore, Be It Resolved: That Councilmember Beverly Gray is excused from attendance at the stated Council Meeting on June 23, 1998 as she will be out of town on that day. ADOPTED NO. 203 By:Mr. Manley AUTHORIZATION FOR NEIGHBORHOODS MATCHING FUNDS PROJECTS TO BE INSTALLED ON CITY RIGHT OF WAY Whereas: The South District in the City of Buffalo was the recipient of 15 Neighborhood Matching Funds Awards in May of 1998; and Whereas: Many of these community projects involve planting, planter boxes, installation of Block Club Signs, benches, holiday lighting, and other activities that may encroach upon City Right of Way of City of Buffalo property; and Whereas:All associations receiving the matching fund grants have provided documentation of liability insurance to cover any such structures; and Whereas: The projects are underway and already improving the South District; Now, Therefore, Be It Resolved: That this Council approves the encroachments as approved under the Neighborhood Matching Funds grants provided all liability insurance is documented by the pass through agent for the Matching Funds, and that future projects will also be approved as to form within these same procedures. PASSED AYES-11, NOES-0 NO. 204 By: Mr. Manley WAIVER OF GARBAGE/USER FEE FOR SOUTH BUFFALO COMMUNITY ASSOCIATION Whereas: The South Buffalo Community Association is located at 2219 South Park Avenue at the former School # 29 and is a tenant of the City of the Buffalo. Whereas: This agency is dedicated to providing a wide range of Youth and Senior Service Programs to the South District Whereas: The Common Council specifically stated in past lease agreements that the City would be responsible for absorbing the Garbage/ User fee for this agency. Whereas: Pursuant to Item 19. approved in proceedings held on December 9, 1997 in Council Chambers, this language was removed from the proposed lease agreement with the City of Buffalo. This item stated that as a city owned building providing the majority of city services, the city will be responsible for paying the user fee on this building. Now, Therefore, Be It Resolved: That this Common Council grants permission to waive garbage/user fee in lease containing such terms that the South Buffalo Community Association located at 2219 South Park Avenue will not be responsible for this fee. Common Council shall apprise Corporation Council of such changes REFERRED TO THE COMMITTEE ON FINANCE CORPORATION COUNSEL Page 92 98-0623.TXT NO. 205 By: Mr. Manley WAIVE FEES FOR CAZENOVIA. PARK EVENTS COMMITTEE Whereas: The Cazenovia Park Events Committee has been formed to offer expanded entertainment opportunities in Cazenovia Park; and Whereas: This committee is composed of volunteers representing both the public and private sectors as well as community based organizations including the City of Buffalo, the South Buffalo Businessmens Association, Block Clubs of the South District; and Whereas: The Caz Park Events Committee has planned several events throughout the summer including; Christian Music on July 15, Sunday in the Park on July 26th, Caz has Jazz, Blue Night on August 19th; and Whereas: These events will provide the opportunity to enjoy free family fun in a beautiful Olmsted Park setting, heighten our community's appreciation for our parks and benefit the City of Buffalo; and Whereas: The committee is planning to hold these and additional community based events on an annual basis in Cazenovia Park; and Whereas: The Cazenovia Park Events Committee has requested a waiver of all city fees associated with the conducting the events including, the bandshell, street closings, and the cost of any permits. Now, Therefore, Be It Resolved: This Honorable Body authorized a waiver of all fees associated with the Cazenovia Park Events Committee's series of events throughout the 1998 year. PASSED AYES-11, NOES-0 NO. 206 By: Mr. Pitts REQUEST SUPERSPAN TASK FORCE TO SUPPORT FRESCHI-LIN DESIGN. Whereas The Superspan Signature Bridge Task Force has been continuing its discussion of proposed bridge designs with the members of the Buffalo Niagara Partnership, the Peace Bridge Authority, representatives from Senator Daniel Moynihan's office, and others, in expectation of forming a consensus on the designs of a signature bridge; and Whereas: Workshops on the bridge and plaza design were held by the Buffalo Niagara Partnership in which three bridge designs were presented: 1. Bruno Freschi-T.Y. Lin design- a 6 lane, steel curved, cable-stayed bridge designed to allow drivers and tourists to view the landscape of both countries; 2. Buffalo and Fort Erie Public Bridge Authority's Twin Span- a 3 lane companion to the existing Peace Bridge; 3. Design by SUNYAB architectural students a truss-less- concrete and steel design intended to improve visual aesthetics and reduce capital and operating costs comparatively to the Public Bridge Authority's Twin Span; and Whereas: Recently, in a follow-up meeting to the workshops, U.S. Senator Daniel Patrick Moynihan's representative expressed the Senator's firm support for the FreschiLin design; and Whereas: A recent letter from Senator Moynihan stated, "Freschi-Lin soars above the other options thus far reviewed by the Partnership"; and Whereas: As we near the year 2000, the City of Buffalo has Page 93 98-0623.TXT an opportunity to build an aesthetic icon that will not only bridge together two nations, but provide a landmark and tourist attraction for Buffalo, New York State, and Canada. Now, Therefore, Be It Resolved: That the Common Council request the Superspan Task Force to fully support the Freschi-Lin design; and Be it Further Resolved: That this Honorable Body commend the actions of Senator Daniel Patrick Moynihan for encouraging the City of Buffalo to reach for greatness on this project. ADOPTED AYES- BROWN, COPPOLA, FONTANA, FRANCZYK, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI-9 NOES-KAVANAUGH- ZUCHLEWSKI-2 NO. 207 By: Mr. Pitts EXTEND TIME TO CONSIDER PROPOSED CABLE FRANCHISE TRANSFER WHEREAS:Tele-Communications, Inc. and Adelphia Communications Corp. have finalized plans for a joint venture to manage Buffalo's cable system, and submitted the required FCC form 394 on February 23, 1998; and WHEREAS: The FCC process mandates a 120-day review process, which would give the City until June 23, 1998 to act on the request; and WHEREAS: There are still many unresolved matters that must be properly addressed before an approval of this magnitude is seriously contemplated; and WHEREAS: Other outstanding issues include: the delay of the Showcase Schools Project, the fine for failure to file proper rebuild report, Hyperion's failure to pay utility tax, the receipt of certain financial information requested by the City, and various technical issues; and WHEREAS: At the Council's caucus held on June 22, 1998 Adelphia and TCI representatives both indicated that they would be agreeable to an extension of up to 30 days; and WHEREAS: But for such extension, the City might otherwise deny approval of the proposed cable franchise transfer. NOW THEREFORE BE IT RESOLVED THAT: The City of Buffalo, with the consent of TCI and Adelphia, extends the period to consider the proposed transfer of the cable franchise by TCI of New York, Inc. to Parnassos, L.P. an additional 30 days beyond the original 120 days. BE IT FURTHER RESOLVED THAT: The City affirm its intention to continue good faith negotiations to resolve the outstanding issues related to this franchise transfer proposal, and develop a mutually agreeable resolution to this transfer no later than July 23, 1998. BE IT FURTHER RESOLVED THAT: In consideration of such extension request, the City of Buffalo agrees not to deny approval of the proposed cable franchise transfer during the pendancy of such negotiations, but reserves its rights to ultimately approve or deny such transfer. ADOPTED NO. 208 By: Mr. Pitts ENGROSSED COPY OF IN MEMORIAM FOR ROBERT JAMES MCLELLAN Now, Therefore, Be It Resolved: That this Common Council authorized an engrossed copy of an In Memoriam for Robert McLellan at a cost not to exceed Page 94 98-0623.TXT $125.00 ADOPTED NO. 209 BY: Mr. Pitts WAVIER OF WATER BILL KLEINHANS MUSIC HALL WHEREAS: Kleinhans Music Hall, one of Buffalo's historic cultural assets is currently undergoing a 14 million dollar renovation. This multi-year plan is providing needed improvements to the building which will specifically allow for greater revenue producing events; and WHEREAS: The Board of Directors of Kleinhans have recently approved a new lease with the City of Buffalo. This lease includes new arrangements involving parking, catering and the marketing of the facility; and WHEREAS: While the Board of Kleinhans has increased its efforts to meet the expenses of the building, it is still a long way from developing self-sufficiency; and WHEREAS: As part of the lease to Kleinhans, the City of Buffalo is responsible for certain costs, some of which are clearly stated in the lease and some are not; and WHEREAS: In years past the City has waived annually the water bill for Kleinhans without it being written in the lease; and WHEREAS: Kleinhans has received a water bill for $11,000. The Board has received a shut off notice. NOW, THERFORE BE IT RESOLVED: That the Common Council request the Corporation Counsel to prepare an amendment to the present lease with the Kleinhans Board of Directors which would waiver any future water charges as a city owned building. BE IT FURTHER RESOLVED: That the Common Council request the Commissioner of Public Works to provide a waiver agreement for the current water bill and report back to the Common Council. PASSED AYES-11, NOES-0 NO. 210 BY: Mr. Pitts AMEND SALARY ORDINANCES 6 Dog Enforcement Officers $26,431 2 Elevator Operators $24,108 TO 6 Dog Enforcement Officers $29,814 2 Elevator Operators $25,955 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 211 By: Mr. Quintana ORDINANCE AMENDMENT CHAPTER 511 -ZONING, USE PERMIT REQUIREMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-136 of Article XXVII of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-136 Use Permit required for Human Service Facilities. I Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on [July 1, 1998] July 1, 1999. 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 Risman Corporation Counsel Page 95 98-0623.TXT NOTE:Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 212 By: Mr. Quintana PAYMENT OF CERTAIN SMALL CLAIMS Whereas: The Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1. Mellany A. Brown Claim for loss of garbage can at 65 Edna Place on 10/15 /97. $ 11.00 2. Bonnie J. Critoph Claim for loss of (2) garbage cans at 1704 Seneca Street on 3/11/98$ 22.50 3.Dorothy A. Drabek Claim for damage to garbage can at 2 Olga Place on 4/14/98.$ 13.00 4. William Dudek Claim for loss of (3) garbage cans at 298 Fourteenth Street on 2/25, 3/4 and 3/11/98.$ 24 00 5. Eckerd Drug Company Claim for payment of prior fiscal year Invoices #022598 & 032598/STEEN,J for services rendered to Firefighter James Steen who injured his left knee in the line of duty. The employee has not returned to work. $ 85.10 6.Mary A. Ferrara Claim for loss of (2) garbage cans at 51 Brinton Street on 3/25/98 and 4/l/98. $ 16.00 7. Odessa Fields Claim for loss of garbage can at 264 Hewitt on 4/6/98. $11.00 8. Martin A. Flax Claim for loss of garbage can at 82 Hazelwood Avenue on 2/9/98. $11.00 9. Donald S. Grzebielucha Claim for clothing damaged in the performance of his duties as a Building Inspector at 52 Sixteenth Street. $ 55.00 10. John's Towing & Storage Claim for payment of prior fiscal year Invoice #23180 for services rendered to Parking Enforcement. $64.75 11. Joseph A. Teresi Claim for loss of garbage can at 474 Starin Avenue on 3/12/98. $13.50 Page 96 98-0623.TXT 12. Jamie A. Weidright Claim for loss of garbage can at 247 Fenton Street on 3/26/98.$9.25 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. Passed AYES-11, NOES-0 NO. 213 By:Ms. Williams DISPLAY BANNER FOR HISPANICS UNITED OF BUFFALO Whereas: Hispanics United of Buffalo, Inc, in conjunction with the Buffalo Bisons, will host Hispanic Night on July 28, 1998, at North Americare Park; and Whereas: To promote this public event, Hispanics United of Buffalo has requested permission to display a banner on Niagara St. near Maryland; and Whereas: The organizers would like to display the banner from June 29, 1998, through July 30, 1998; Now, Therefore, Be It Resolved: That this Common Council grants permission to Hispanics United of Buffalo, Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel, and the Special Events Advisory Committee. PASSED AYES-11, NOES-0 NO. 214 By: Mrs. Miller-Williams PERMISSION TO HANG "MARCH AGAINST DRUGS" BANNER Whereas: On Saturday, August 29, 1998, Hispanics United of Buffalo will hold its 9th Annual March Against Drugs; and Whereas: Each year, more than 5 00 people join together to take a stand and say no to drugs in Buffalo's west side community; and Whereas: This year's theme is "Building a Better Future for our Community", and this very public event brings together elected officials, local businesses, community residents, families, youth, police, and others for a day focused on making sure that children and youth remain healthy and drug-free; and Whereas: Representatives from Hispanics United of Buffalo have requested permission to utilize two street light post in celebration of this event, to hang a banner across Virginia Street in front of Hispanics United of Buffalo, located at 254 Virginia Street from Saturday, July 11, 1998 through Sunday, August 30, 1998. Now therefore be it resolved that: This Common Council grants permission to Hispanics United of Buffalo to hang a banner celebrating their annual "March Against Drug Campaign", on Virginia Street in front of Hispanics United of Buffalo at 254 Virginia Street from Saturday, July 11, 1998 through Sunday, August 30, 1998 providing the banner meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED AYES-11, NOES-0 NO. 215 BY: Mrs. Miller Williams RESCIND SALE OF 428 CARLTON (BISHOP ROBERT L. SANDERS - GREATER REFUGE TEMPLE CHURCH) Whereas: Bishop Robert L. Sanders of Greater Refuge Temple Church has obtained a parcel of land known as 428 Page 97 98-0623.TXT Carlton Street from the auction held by the City of Buffalo on December 23, 1997; and Whereas: This property was officially deeded to Bishop Sanders on behalf of the Greater Refuge Temple Church on February 27, 1998; and Whereas: Greater Refuge Temple Church owns the property located at 422 Carlton and wanted to obtain the lot adjacent to the property which is listed as 426 Carlton, owned by the City of Buffalo; and Whereas: 428 Carlton Street was obtained by mistake, thinking it was adjacent to 422 Carlton when in actuality 426 Carlton Street is the property Bishop Sanders intended on obtaining not 428 Carlton Street; Therefore Be It Resolved: That the Law Department rescind the sale of 428 Carlton Street to Bishop Robert L. Sanders on behalf of the Greater Refuge Temple Church and authorize a Deed for the sale of the property known as 426 Carlton Street.; and Be It Further Resolved: That the Department of Real Estate and the Department of Assessment adjust their records to reflect the change in ownership of the prospective properties; and Be It Finally Resolved That: That all debts that have been incurred because of these original transaction of such properties be cleared before title to 426 Carlton Street can be obtained by Robert Sanders on behalf of the Greater Refuge Temple Church. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL NO. 216 By: Ms. Miller-Williams APPOINT MARIA SANTANA TO COUNCIL STAFF ow, Therefore, Be It Resolved: hat Maria Santana be appointed to the position of Legislative Assistant in the Council Staff office effective July 1, 1998. ADOPTED NO. 217 By: Mr. Zuchlewski AUTHORIZATION TO ACQUIRE 166-170 DART STREET BY EMINENT DOMAIN Whereas: The City of Buffalo has been in the process of trying to acquire two parcels at 166 & 170 Dart Street owned by Buffalo Core Realty, Inc. (Daniel Mele, President/Owner); and Whereas: The public use of these properties is to serve as the automobile impound for the City; and Whereas: The Comptroller proposed an offer to Buffalo Core Realty which was rejected and Whereas: The Corporation Counsel was authorized to proceed in accordance with the Eminent Domain Procedure Law with Mr. Mele to acquire 166 Dart and 170 Dart in Item No. 149, C.C.P., April 28, 1998; and Whereas: The negotiations have reached an impasse and continued negotiations will not likely result in a purchase agreement; and Whereas: The City would like to proceed with Condemnation through Eminent Domain to acquire 166-170 Dart Street. Now Therefore Be It Resolved: That the Common Council does hereby authorize a Public Hearing to acquire 166-170 Dart Street in accordance with the provisions of the Eminent Domain Procedure Law, and Be It Further Resolved: That the City Clerk set the date of the Public Hearing and publish the Notice for the Public Hearing as soon as possible in Page 98 98-0623.TXT accordance with the provisions of the Eminent Domain Procedure Law. PASSED AYES-BROWN, FONTANA, FRANCZYK, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUITANA, WILLIAMS, ZUCHLEWSKI-10 NOES-COPPOLA-1 NO. 218 By: Mr. Zuchlewski EASEMENT AGREEMENT Whereas: The Cantalician Center for Learning, Inc. is a local not-for-profit corporation, located at 3233 Main Street, Buffalo; and Whereas: In 1987, the City of Buffalo conveyed, by deed, to the Cantalician Center a parcel of land on Hertel Avenue to be used as a public parking lot; and Whereas: The Cantalician Center for learning, Inc.'s driveway runs along this particular parcel of land fronting Hertel Avenue; this conveyance provided the Cantalician Center a right of way for vehicles to have access to and from Hertel Avenue; and Whereas: Both parties now wish to clarify the rights reserved for the Cantalician Center for Learning, Inc. in that deed and that conveyance; and Now, Therefore, Be It Resolved: That the City of Buffalo enter into an Easement Agreement with the Cantalician Center for Learning, Inc. to clarify, define, and stipulate the rights of both parties of the conveyance described above; and Be It Further Resolved: That the conditions of such agreement include that for no more than one dollar does the City of Buffalo grant the Cantalician Center of Learning, Inc., and its successors, an easement and right of way for ingress, egress, and regress for pedestrians and vehicles over on and through any driveway portions of the property; and Be It Further Resolved: That this Common Council request of the Corporation Counsel to prepare such a document stipulating rights of both parties in which an easement and right of way is granted for ingress, egress and regress for vehicles and pedestrians to Our Lady of Peace Housing Development Fund Company, Inc.; and Be It Finally Resolved: That said agreement be executed by the Mayor and approved by this Honorable Body. PASSED AYES- 11 NOES- 0 NO. 219 BY MR. ZUCHLEWSKI FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation or Patrice Ray Hamilton-Stacey By Councilmembers Pitts, Brown Felicitation for James William Jarrett By Councilmember Pitts Felicitation for Bishop Clarence E. McClendon By Councilmember Pitts ADOPTED Page 99 98-0623.TXT NO. 220 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,1998 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Sean D. Kalota, Robin Reese, Jody McNally, Sean O'Neill, Tracy A. Cone, Vincent D. Clark, Ian M. Coyle, Melissa A. Bartolotta, Paul A. Beyer, Divitta Alexander ADOPTED NO. 221 BY:MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED--PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,1998 , conditional upon tile person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: David P. Masse, Judith M. Weiner, Nydia Saenz ADOPTED UNFINISHED BUSINESS NO. 222 BOND RES. $2,500,000-CONSTR. MAIN-LASALLE ROADWAY (NO. 157-C.C.P. JUNE 9, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana CARRIED. Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Manley PASSED AYES- 11 NOES- 0 NO. 223 BOND RES. $97,916-RECONSTR. SHEA'S RESTROOMS (NO. 158-C.C.P. JUNE 9, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED. Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown PASSED AYES- 11 NOES- 0 NO. 224 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Committee Tuesday, June 30, 1998 at 9:30 o'clock A.M. Finance Committee Tuesday, June 30, 1998 following Civil Service Legislation Committee Tuesday, June 30, 1998 at 2:00 o'clock P.M. Community Development Wednesday, July 1, 1998 Page 100 98-0623.TXT at 10:00 o'clock A.M. Committee on Education Wednesday July 1, 1998 at 2:00 o'clock P.M.. Ancillary Meetings Special meeting on Taylor Law Impasse, Wednesday, June 24, 1998 at 3:00 o'clock P.M. in Room 1417. Special meeting on the Police Oversight Committee, Thursday, July 2, 1998 at 2:00 o'clock P.M. in Council Chambers. Gretchen A. Pound Council Reporter Adjournment On a motion by Mrs. LoTempio, Seconded by Mrs. Kavanaugh the Council adjourned at 4:10 PM Page 101