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HomeMy WebLinkAbout98-0707 98-0707.TXT No.14 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JULY 7, 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 98-0707.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, JULY 7, 1998 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, Pitts, Quintana, Williams and Zuchlewski - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on June 30, 1998 were approved. FROM THE MAYOR NO. 1 STREET NAMING - THE WILLIAM L. GAITER PARKWAY Page 2 98-0707.TXT I am writing to formally request that the City name its new street off Kensington Avenue near American Axle the "William L. Gaiter Parkway" as required by Section 286-3 (A) (1) of the Code of the City of Buffalo. As the City moves forward with the economic renaissance of the northeast part of Buffalo, it is important to remember and honor the memory of William L. Gaiter. William L. Gaiter was a tireless community activist and champion for civil rights. His efforts for the children of our city helped bring about the BUILD Academy. He was instrumental in the establishment of the Juneteenth Festival, Buffalo's annual celebration of African-American culture. William L. Gaiter has left a legacy that continues to serve the Buffalo community and it is fitting to honor him by naming one of our streets after him. If it please the Council, I am asking you to immediately approve this request and authorize the City Clerk to prepare and submit to the Council for publication the notice of intention to name the William L. Gaiter Parkway. ADOPTED NO. 2 APPOINT MEMBERS - CITIZENS SALARY REVIEW COMMISSION Pursuant to the powers vested in me by Article 24, Section 452-A of the Charter of the City of Buffalo, as amended by Local Law No. 5 (1979), I hereby appoint the following individuals: John McDowell 311 Vermont Street Buffalo, NY 14213 (term expires 12/31/99) Casimier T. Czamara 941 Amherst Street Buffalo, NY 14216 (term expires 12/31/2000) I hereby certify that the individuals listed above are fully qualified for appointment to the Citizens Salary Review Commission. For the record, Anthony B. Martino, 280 Rivermist Drive, Buffalo, NY, 14202, whose term expires December 31, 1998, is a Mayoral appointment already serving on the Commission. RECEIVED AND FILED NO. 3 APPOINTMENT OF MEMBERS TO THE BUFFALO EMERGENCY MEDICAL SERVICES BOARD Pursuant to the powers vested in me by Chapter 72, Section 6 of Part II of the Code of the City of Buffalo, I hereby appoint the following individuals to the Buffalo Emergency Medical Services Board: Rev. Joseph Bayne, OFM Con. 1910 Seneca Street Bflo. 14203 Father Bayne is a City of Buffalo resident actively involved in Emergency Medical Services with Erie County Emergency Medical Services and responds to multiple incidents in the City of Buffalo. He is a member of Federation Fire Chaplains (USA) and New York State Association of Fire Chaplains. Rev. Bayne is active in various medical related organizations. Calvin G. Worthy 99 William Street Bflo. 14203 Mr. Worthy is a Deputy Fire Commissioner, City of Buffalo. Mr. Worthy is currently on the Board in an Ex-Officio capacity. I am appointing Calvin Worthy to a voting member of the Board I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Emergency Medical Services Board. RECEIVED AND FILED Page 3 98-0707.TXT NO. 4 CERTIFICATE OF APPOINTMENT Appointment Effective: July 1, 1998, in the Department of Mayor's Office, Division of Executive to the Position of, Senior Account Clerk Typist, Provisional, Appointment, at the Maximum Starting Salary of $26,231 Gretchen M. Hurst 81 Rebecca Park Bflo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 5 APPOINTMENT OF COMMISSIONER OF POLICE I, Anthony M. Masiello, hereby appoint Rocco J. Diina residing at 391 Woodbridge Avenue, Buffalo, NY 14214, to the position of Commissioner of Police. Rocco J. Diina has served as Deputy Police Commissioner since 1994. In his position as Deputy Police Commissioner, Rocco J. Diina. is responsible for overall operation, in conjunction and under the direction of the Commissioner, for the second largest city Police Department in New York State. Deputy Commissioner Diina plans, organizes and directs the Patrol, Investigative and Administrative functions of the departments. He designs and implements outreach programs involving community policing and high visibility, strict enforcement "Initiative" programs. He works closely with community and business groups to provide police support and crime prevention programs. Deputy Commissioner Diina has implemented a number of community oriented programs. The Police Athletic League has been resurrected after a several year lapse. As part of the new Community Policing philosophy, several Community Oriented Police Satellite's have been opened in conjunction with the consolidation program and provide police presence. Under the direction of Deputy Commissioner Diina, the Juvenile Unit has been expanded and several services are being offered to the youth of the community. I hereby certify that Rocco J. Diina is fully qualified to serve as Commissioner of Police. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 6 BMHA-HOPE VI LAKEVIEW DEVELOPMENT PLAN The City Planning Board at a special meeting held Tuesday, June 23, 1998, considered the matter captioned above pursuant to Section 150 of the Public Housing Law Code. The Buffalo Municipal Housing Authority seeks to redevelop the Lakeview Housing project and the surrounding neighborhood. The Planning Board voted to approve the conceptual development plan. RECEIVED AND FILED NO. 7 E. MAGYARICS, 1125 TONAWANDA SIDEWALK CAFE ITEM # 38 6/9/98 The City Planning Board at its regular meeting Tuesday, June 30, 1998 considered the matter captioned above pursuant to Sec on 413-59 of the Buffalo Code, Sidewalk Cafes. Page 4 98-0707.TXT The applicant seeks to place a 28'x6' sidewalk cafe which will encroach the right-of-way. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the the sidewalk with the following conditions: 1. No outside music or outside trash receptacles be allowed. 2. Closing at 11:00 pm. 3. Entrance to the cafe can only be from the restaurant. RECEIVED AND FILED NO. 8 RELIABLE MAINTENANCE CORP. PARKING IN THE RIGHT-OF-WAY ITEM # 33, 6/23/98 The City Planning Board at its regular meeting held Tuesday, June 30, 1998 considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City Planning Board. The applicant seeks encroach the right-of-way with parking for employees on a 25'x50' portion of Clyde Ave. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the non-permanent encroachment of the right-of-way on Clyde Ave. RECEIVED AND FILED NO. 9 J.. NIELSON, 795-797 ELMWOOD ART GALLERY WITH WINE AND BEER ITEM # 106, 6/23/98 The City Planning Board at its regular meeting held Tuesday, June 30, 1998, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. The applicant seeks to convert Ist floor office space into a art gallery serving beer and wine. Under SEQR the proposed art gallery is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the the art gallery. RECEIVED AND FILED NO. 10 C. DESTRO, 1200-1212 HERTEL TAKE-OUT RESTAURANT AND SIDEWALK CAFE ITEM # 107, 6/23/98 The City Planning Board at its regular meeting held Tuesday, June 30, 1998, considered the matter captioned above pursuant to Section 511-59 and 413-59 of the Buffalo Code, Hertel Business District and Sidewalk Cafes respectively. The applicant seeks to use add a take-out restaurant component with a sidewalk cafe to and existing deli. The sidewalk cafe will encroach the right of-way. Under SEQR the proposed take-out restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the take-out restaurant and sidewalk cafe with the following conditions: 1. No outside music or outside trash receptacles. 2. Closing at 11:00 pm. 3. Public works approval of the sidewalk cafe. RECEIVED AND FILED FROM THE BOARD OF PARKING Page 5 98-0707.TXT NO. 11 CHANGE ORDER NO. 1 - ELECTRICAL WORK VARIOUS PARKING RAMPS I hereby submit to your Honorable Body the following changes for electrical work in various city owned ramps - Industrial Power & Lighting Corp. - Contract No. 91900400: 1 .Marine Midland Ramp - eliminate c.o. detectors and fire protectors deduct - $ 34,944.68 2. Eliminate conduit replacement various ramp deduct - $ 4,140.98 3 Replace light fixtures and additional conduit - Augspurger deduct - $ 4,792.50 4. Turner Ramp - new main and branch electrical panels add + $ 8,400.00 5. Gates Circle heat and ventilate mechanical room, fire protection,new elevator, replace photo cells add + $ 5,000.00 6. Gallagher ramp - new conduit and replace light fixtures add + $ 4,792.50 deduct - $ 25,685.66 The foregoing changes resulted in a net decrease in the contract of $25,685.66, Summary Original Contract Amount $ 111,867.50 Amount of this Change Order No. 1 deduct - $ 25,685.66 Revised Contract Amount $ 86,181.84 These changes could not be foreseen at the time the contract was let. All cost have been reviewed and found to be fair and equitable. Funds for the work are available in bond account 415-410-006. I request that your Honorable Body authorize the Director of Parking to issue a change order to the contract as set forth above. This is the only change order and will close out the contract. Mrs. Lotempio moved: That the above communication from the Board of Parking dated July 2, 1998, be received and filed; and That the Director of the Board of Parking be, and he hereby is authorized to issue change order No. 1, to Industrial Power & Lighting Corp., a decrease in the amount of $25,685,66, as more fully described in the above communication, for work relating to Various Parking Ramps, Electrical Work, Contract No. 91900400. Funds for this project are to be credited to bond account 415-410-006. Passed AYES-13, NOES-0 NO. 12 CHANGE ORDER NO. 1 - ENGINEERING SERVICES FOR VARIOUS PARKING RAMPS I hereby submit to your Honorable Body the following changes for engineering services in various city owned ramps - May/Chhabra Engineers Contract No. 91899200. 1. Construction Supervision Augspurger Ramp deduct $ 25,000.00 2. Construction Services Gallagher and Main Place add + $ 8,628.25 3. Reimbursable deduct - $ 24,595.50 deduct - $ 40,967.25 The following changes resulted in a net decrease in the contract of $40,967.25. Page 6 98-0707.TXT Summary: Original Contract Amount $ 432,000.00 Amount of this Change Order No, I deduct - 40,967.25 Revised Contract Amount $ 391,032.75 These changes could not be foreseen at the time the contract was let. All cost have been reviewed and found to be fair and equitable. Funds for the work are available in bond account 415-410-006. I request that your Honorable Body authorize the Director of Parking to issue a change order to the contract as set forth above. This is the only change order and will close out the contract. Mrs. Lotempio moved: That the above communication from the Board of Parking dated July 1, 1998, be received and filed; and That the Director of the Board of Parking be, and he hereby is authorized to issue change order No. 1, to May/Chhabra Engineers, a decrease in the amount of $40,967.25, as more fully described in the above communication, for engineering services for various parking ramps, Contract No. 91899200. Funds for this project are to be credited to bond account 415- 410-006. Passed AYES-13, NOES-0 NO. 13 CHANGE ORDER NO. 1 - MECHANICAL WORK FOR VARIOUS CITY OWNED RAMPS I hereby submit to your Honorable Body the following changes for mechanical work in various city owned ramps - John W. Danforth Company - Contract No. 91924700: 1. Add floor drain for room No. 1 + $ 5,196 2. Replace electrical supply for room No. I + $ 5,733 3. Additional electrical conduit + $1,930 .4. Split fans + $12,362 5. C. O. detector and move fans + $ 9,358 6. Welding fan adapters + $ 709 (+35,288) 7. Install louvers + $3,850 Add $ 39,138 The foregoing changes resulted in a net increase in the contract of $39,138. Summary Original Contract Amount $ 465,634 Amount of this Change Order No. I add + $ 39,138 Revised Contract Amount $ 504,772 These changes could not be foreseen at the time the contract was let. All cost have been reviewed and found to be fair and equitable. Funds for the work are available in bond account 415-410-006. I request that your Honorable Body authorize the Director of Parking to issue a change order to the contract as set forth above. This is the only change order and will close out the contract. Mrs. LoTempio moved: That the above communication from the Board of Parking dated July 1, 1998, be received and filed; and That the Director of the Board of Parking be, and he hereby is authorized to issue change order No. 1, to John W. Danforth Company, an increase in the amount of $39,138.00, as more fully described in the above communication, for work relating to Various Parking Ramps, Mechanical Work, Contract No. 91924700. Funds for this project are available in Bond account 415-410-006. Passed Page 7 98-0707.TXT AYES-13, NOES-0 NO. 14 CHANGE ORDER NO. 1 - PLUMBING WORK VARIOUS CITY OWNED RAMPS I hereby submit to your Honorable Body the following changes for plumbing work in various city owned ramps - Elmwood Plumbing Inc. Contract No. 91899300. 1. Excavate and repair broken sanitary piping at the John C. Gallagher Sr. ramp. add + $ 1,236 2. Relocate two back flow prevention units at Main Place Mall underground ramp. add + $ 2,941 add + $ 4,177 The foregoing changes resulted in a net increase in the contract of $4177. Summary: Original Contract Amount $ 97,172 Amount of this Change Order No. 1 $ 4,177 Revised Contract Amount $101,349 These changes could not be foreseen at the time the contract was let. All cost have been reviewed and found to be fair and equitable. Funds for the work are available in bond account 415-410-006. I request that your Honorable Body authorize the Director of Parking to issue a change order to the contract as set forth above. This is the only change order and will close out the contract. Mrs. LoTempio moved: That the above communication from the Board of Parking dated June 29, 1998, be received and filed; and That the Director of the Board of Parking be, and he hereby is authorized to issue change order No. 1, to Elmwood Plumbing Inc., an increase in the amount of $4,177.00, as more fully described in the above communication, for work relating to Various Parking Ramps, Plumbing Work, Contract No. 91899300. Funds for this project are available in bond account 415-410-006. Passed AYES-13, NOES-0 FROM THE COMPTROLLER NO. 15 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have four requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $100,000 for Delavan-Moselle Center Expansion, $100,000 for Parkside Lodge Roof Replacement, $105,000 for Various Library and $54,850 for Renovation Citywide Playgrounds Cazenovia Park. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 General 200 Capital Projects 203-402-005 BAN/Bond Sale $ 100,000 100 General 200 Capital Projects 203-402-006 BAN/Bond Sale Page 8 98-0707.TXT $ 100,000 100 General 200 Capital Projects 203-402-007 BAN/Bond Sale $ 105,000 100 General 200 Capital Projects 203-717-003 BAN/Bond Sale $ 54,850 Mrs. Lotemio moved: That the above communication from the Comptroller dated July 1, 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 $ 1 00, 000 for Delavan Moselle Center Expansion, $ 100,000 for Parkside Lodge Roof Replacements, $105,000 for Various Library and $54,850 for Renovation Citywide Playgrounds - Cazenovia Park. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. Passed AYES-13, NOES-0 NO. 16 APPOINTMENTS: CITIZEN SALARY REVIEW COMMISSION The following individuals have agreed to serve as my appointees on the Citizens Salary Review Commission. Included with the names and addresses are the expiration dates of their terms on the Commission. Lester G. Sconiers 46 Chatham Avenue Buffalo, NY 14216 (term expires 12/31/98) Kathleen R. Mecca 763 Columbus Parkway Buffalo, NY 14213 (term expires 12/31/99) Anthony P. Amigone 1132 Delaware Avenue Buffalo, NY 14209 (term Expires 12/31/2000) RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 17 TCI-FRANCHISE AGREE Thank you for your letter of June 16, 1998. This correspondence is in response to that letter, as well as your earlier letter of June 11, 1998. I am gratified that, in the June 16th letter, TCI finally responded to the nine points that I originally outlined in my letter of March 20, 1998 in a reasonable manner. Your offer to pay a daily sum to the City is a long overdue recognition that the 750 Mhz rebuild is a material provision of the franchise agreement and that the City is due compensation for the failure to comply with that provision. If your initial response had been more in line with this letter, our previous discussions would certainly have been more productive. However, I believe that what you actually offer in your June 16th response falls far short of what we can accept. As we discussed at our meeting of June 12, 1998, there appears to be agreement on items 3, 4, 6, and 9. The following items remain unresolved: 1.)We stand by the request for a $3.00 monthly rebate for all subscribers until completion of upgrade. 2.) We stand by the request for a $100,000 video/computer package for City schools. We are pleased with your offer of a free modem hook-up for each primary and secondary school; Page 9 98-0707.TXT however, as you know, that Adelphia participates in the National Cable Television Association (NCTA) initiative that agrees to such an arrangement in all of its systems. 5.) We stand by the request for TCI to pay the City $100,000 a month for each month that the rebuild of the entire City is not completed. We would consider changing that to a daily amount, as you suggested, but the sum of $200.00 per day is not acceptable. On an average, the $200.00 per day would total just $6000 per month. We also stand by the $10,780 rebuild report fine. 7.) We agree with your offer to escrow any disputed amount resulting from the audit until resolution. 8.) We are pleased that TCI has agreed to contribute an additional $200,000 to public access, but insist that it not be treated as an external cost and passed on to subscribers. It has also come to my attention that the City is looking to install an ISDN line to enhance our teleconferencing capacity. Because of your technical capabilities, TCI may wish to consider such an installation of an ISDN for the City as well. Some of the technical issues involved were discussed at our last meeting. Some of these revolve around the need to have provisions to ensure full compliance according to the revised schedule. We anticipate that Showcase School Phase I will be completed and fully functional within in year. Showcase Phase H (the additional 9 satellite sites) should be completed by July 2000. The Institutional Network should be fully functional by the end of this year. Both the Showcase Schools and the I-Net should have all necessary equipment, hardware, power, etc. and be completely operational. Although we accept your position regarding the audit, we will need a clear, reasonable and expeditious process for resolving any disputes. Such a dispute has arisen in Dayton, Ohio, where TCI has refused to pay $300,000 in past franchise fees and the city is threatening to revoke the franchise. While you may think that these are relatively simple issues, I know from experience that they can be some of the more complex and difficult provisions of all. As I stated in my previous letter, the Council is prepared to work with you to resolve these issues, but we require a serious, good-faith effort on your part. I look forward to your response. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 18 APPOINT SPECIAL COMMITTEE ALLENTOWN ARTS FESTIVAL I am appointing the following persons to serve upon a Special Committee to review the policies governing the Allentown Arts Festival: (1) Councilmembers; Robert Quintana - Niagara District Barbara Miller-Williams - Ellicott District Rosemarie LoTempio - Majority Leader (2) Allentown Village Society; Mary Myszkiewicz 65 New Amsterdam Avenue Buffalo, N.Y. 14202 Sean D. Hill 6 North Pearl Street Buffalo, N.Y. 14202 Anthony Cassetta 810 Kenmore Avenue Buffalo, N.Y. 14216 (3) Allentown Association; Jonathan White Page 10 98-0707.TXT 70 College Street Buffalo, N.Y. 14201 Tobie Burns 56 North Pearl Street Buffalo, N.Y. 14202 (4) Merchants; Paul Scouras Towne Restaurant 186 Allen Street Buffalo, N.Y. 14201 Hiedi Paulsen Java Temple 57 Allen Street Buffalo, N.Y. 14202 Joe Millitello Delaware Variety 569 Delaware Avenue Buffalo, N.Y. 14202 (5) Mayor's Special Events Coordinator; David Granville The Chair of the Committee shall be Majority Leader Rosemarie LoTempio. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT NO. 19 CERTIORARI PROCEEDING 1998-99 FISCAL YEAR RICHARD E. MENNEN 408 FRANKLIN STREET This is to advise that the owner, Richard E. Mennen, instituted certiorari proceedings on 408 Franklin Street, Buffalo, New York regarding the assessment for the fiscal year 1998- 99. The assessment was reviewed by this Department and the owner expressed a willingness to settle this proceeding. The final assessment for such fiscal year was $145,000. The owner is agreeable to a settlement which would result in a reduction to $119,000 for fiscal year 1998-99. The 1998-99 city tax on $145,000 is $2,652.48. The tax on $119,000 would be $2,176.86, a reduction of $475.62. The property has been for sale for several months asking $119,500. Based upon a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend, therefore, this settlement, in which the Department of Law concurs. The proposed settlement is subject to the approval of Your Honorable Body. I therefore hereby request that the Corporation Counsel be authorized to settle the 1998-99 certiorari proceeding on 1408 Franklin Street by reducing the 1998-99 assessment from $145,000 to $119,000. Mrs. LoTempio moved: That the above communication from the Commissioner of Assessment dated June 30, 1998, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to settle the 1998-99 certiorari proceeding on ' 408 Franklin Street by reducing the 1998-99 assessment from $145,000 to $119.000. Passed. AYES-13, NOES-0 NO. 20 INVESTIGATE BUSINESS 893 JEFFERSON AVENUE Page 11 98-0707.TXT SBL 100.82-1-29 #178 C. C. P. JUNE 9, 1998 Upon review of the assessment records for the above noted parcel, be advised the owner of record is Daniel & Mary Tredo, 222 Woodword Avenue, Buffalo, NY 14214. They acquired the parcel through an Erie County Foreclosure, deed filed 10/19/92, Liber 10533, Page 316, for $3,000.00. The parcel is located 30 feet north of Cayuga on the east side of Jefferson, has an 89.65 frontage and 150 depth, and is classified as a non-homestead parcel, a gas station. A recent field inspection of the property revealed the following information. There is a metal-sided building, approximately 41 by 30 foot, with two bays facing Jefferson Avenue. The gas pumps have been removed. The pump island still exists, which may mean the gas tanks remain in the ground. It appears that automobile repair of some kind is being conducted in the premises, and a tow truck was parked beside the building. The assessed value of the land is $7,000 and the total assessed value is $9,000. According to our records, the assessment was reduced by the Board of Review in 1993. There is no record of permits to repair the building. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS NO. 21 NOTIFICATION SERIAL #9028 REPEAL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, EAST SIDE FROM WEST DELAVAN AVENUE TO A POINT 200' SOUTH OF LAFAYETTE AVENUE (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - 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 therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD Linwood Avenue, east side 9:00 a.m. to 3:00 p.m. from West Delavan Avenue Thursday & Friday to a point 200' south of Lafayette Avenue (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Page 12 98-0707.TXT Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See next II serials) NOTIFICATION SERIAL #9029 REPEAL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, EAST SIDE FROM A POINT 305' SOUTH OF LAFAYETTE AVENUE TO NORTH STREET (EXCEPT NSHFC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - 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 therefrom the following: NO PARKING PROH. PORTION OF HGHWY PROH. PERIOD Linwood Avenue, east side 9:00 a.m. to 3:00 p.m. from a point 305' south Thursday & Friday of Lafayette Avenue to North Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - I 1:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous and next 10 serials) NOTIFICATION SERIAL #9030 REPEAL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM WEST DELAVAN AVENUE TO A POINT 390' SOUTH OF LAFAYETTE AVENUE (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - 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 Page 13 98-0707.TXT therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD Linwood Avenue, west side 9:00 a.m. to 3:00 p.m. from West Delavan Avenue Monday, Tuesday & Wed. to a point 390' south of Lafayette Avenue (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 2 and next 9 serials) NOTIFICATION SERIAL #9031 REPEAL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM A POINT 550' SOUTH OF LAFAYETTE AVENUE TO A POINT 340' NORTH OF THE NORTH CURB LINE EXTENDED OF WEST BALCOM STREET (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE 11 MODIFIED) - 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 therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD Linwood Avenue, west side 9:00 a.m. to 3:00 p.m. from a point 550' south Monday, Tuesday & Wed. of Lafayette Avenue to a point 340' north of the north curb line extended of West Balcom Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (251/6) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. Page 14 98-0707.TXT (See previous 3 and next 8 serials) NOTIFICATION SERIAL #9032 REPEAL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM A POINT 115' NORTH OF THE SOUTH CURB LINE EXTENDED OF WEST BALCOM STREET TO A POINT 210' NORTH OF THE NORTH CURB LINE EXTENDED OF WEST BALCOM STREET (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - 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 51 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HGWY. PROH. PERIOD Linwood Avenue, west side 9:00 a.m. to 3:00 p.m. from a point 115' north of Monday, Tues. & Wed. the south curb line extended of West Balcom Street to a point 210' north of the north curb line extended of West Balcom Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 4 and next 7 serials) NOTIFICATION SERIAL #9033 REPEAL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM A POINT 20' SOUTH OF THE SOUTH CURB LINE EXTENDED OF WEST BALCOM STREET TO NORTH STREET (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - 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 Page 15 98-0707.TXT therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD Linwood Avenue, west side 9:00 a.m. to 3:00 p.m. from a point 20' south of Monday, Tuesday & Wed. the south curb line extended of West Balcom Street to North Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 5 and next 6 serials) NOTIFICATION SERIAL #9034 INSTALL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, EAST SIDE FROM WEST DELAVAN AVENUE TO A POINT 200' SOUTH OF LAFAYETTE AVENUE (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - INSTALL 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 PROH. PERIOD Linwood Avenue, east side 6:00 p.m. to 11:00 p.m. from West Delavan Avenue Thursday & Friday to a point 200' south of Lafayette Avenue (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. -62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. -28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. -23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 6 and next 5 serials) Page 16 98-0707.TXT NOTIFICATION SERIAL #9035 INSTALL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, CAST SIDE FROM A POINT 305' SOUTH OF LAFAYETTE AVENUE TO NORTH STREET (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - INSTALL 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 PROH. PERIOD Linwood Avenue, east side 6:00 p.m. to 11:00 p.m. from a point 305' south Thursday & Friday of Lafayette Avenue to North Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55-1.) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 7 and next 4 serials) NOTIFICATION SERIAL #9036 INSTALL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM WEST DELAVAN AVENUE TO A POINT 390' SOUTH OF LAFAYETTE AVENUE (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE 11 MODHUD) - INSTALL 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 PROHIBITED PORT. OF HIGHWAY PROHIBITED PER. Linwood Avenue, west side 6:00 p.m. to 11:00 p.m. from West Delavan Avenue Monday, Tuesday & Wed. to a point 390' south of Lafayette Avenue (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and Page 17 98-0707.TXT property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (559/6) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 8 and next 3 serials) NOTIFICATION SERIAL #9037 INSTALL ALTERNATE PARKING - TYPE 11 (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM A POINT 550' SOUTH OF LAFAYETTE AVENUE TO A POINT 340' NORTH OF THE NORTH CURB LINE EXTENDED OF WEST BALCOM STREET (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE - TYPE II MODIFIED) - INSTALL 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 Ns 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 PROHIBITED PORT. OF HIGHWAY PROH. PERIOD Linwood Avenue, west side 6:00 p..m. to 11:00 p.m. from a point 550' south Monday, Tuesday & Wed. of Lafayette Avenue to a point 340' north of the north curb line extended of West Balcom Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - I 1:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (2511/6) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 9 and next 2 serials) NOTIFICATION SERIAL #9038 INSTALL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM A POINT 115' NORTH OF THE SOUTH CURB LINE EXTENDED OF WEST BALCOM STREET TO A POINT 210' NORTH OF THE NORTH CURB LINE EXTENDED OF WEST BALCOM STREET (EXCEPT NSHTC & NPHTC AREAS) Page 18 98-0707.TXT NO PARKING (ALTERNATE - TYPE H MODIFIED) - INSTALL 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 Linwood Avenue, west side 6:00 p..m. to 11:00 p.m. from a point 115' north of Monday, Tuesday & Wed. the south curb line extended of West Balcom. Street to a point 2 10' north of the north curb line extended of West Balcom Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. - 62 (55%) Total Current - Alternate No Parking 9:00 a.m. - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (20%) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 10 and next serial) NOTIFICATION SERIAL #9039 INSTALL ALTERNATE PARKING - TYPE II (MODIFIED) ON LINWOOD AVENUE, WEST SIDE FROM A POINT 20' SOUTH OF THE SOUTH CURB LINE EXTENDED OF WEST BALCOM STREET TO NORTH STREET (EXCEPT NSHTC & NPHTC AREAS) NO PARKING (ALTERNATE -TYPE II MODIFIED) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, (he City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of tile 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 PROH. PERIOD Linwood Avenue, west side 6:00 p.m. to 11:00 p.m. from a point 20' south of Monday, Tuesday & Wed. the south curb line extended of West Balcom Street to North Street (except NSHTC & NPHTC areas) This action is being taken at the request of the businesses and property owners of Linwood Avenue in accordance with the results of the survey taken as follows: Total Property Owners Surveyed: 206 Total Responded: 113 Total New - Alternate No Parking 6:00 p.m. - 11:00 p.m. -62 Page 19 98-0707.TXT (55%) Total Current - Alternate No Parking 9:00 a.m., - 3:00 p.m. - 28 (25%) Total Old - Alternate No Parking 1:30 a.m. - 7:00 a.m. - 23 (200%,) The majority of the respondents chose the "new" regulations. This department has no objection to making these changes. (See previous 11 serials) NOTIFICATION SERIAL #9040 INSTALL PERMISSIVE PARKING ON ONTARIO STREET, SOUTHEAST SIDE FROM A POINT OPPOSITE THE NORTHEAST CURB LINE AT BEATRICE AVENUE TO SKILLEN STREET PERMISSIVE PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PRKG LOC. PERIOD OF PERM. PARKING - DAILY Ontario Street, southeast side 2 hour parking from a point opposite 7:00 a.m. to 7:00 p.m. the northeast curb line at Except Sunday Beatrice Avenue to Skillen Street This action is being taken to update our records to reflect current conditions. NOTIFICATION SERIAL #9041 REPEAL OF NO PARKING ON SMITH STREET, EAST SIDE FROM ELK STREET TO SOUTH PARK AVENUE NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PROH. PORTION OF HIGHWAY PROH. PER. Smith Street, east side 7:00 a.m. to 10:00 a.m. and from Elk Street to 4:00 p.m. to 7:00 p.m. South Park Avenue Except Saturday & Sunday This action is being taken due to complaints received from residents of the street over unclear and inconsistent parking regulations. (See next serial) NOTIFICATION SERIAL #9042 INSTALL NO PARKING ON SMITH STREET, EAST SIDE FROM ELK STREET TO SOUTH PARK AVENUE Page 20 98-0707.TXT NO PARKING - INSTALL 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: PROH. PARKING LOCATION PROH.PORTION Smith Street, east side At all times from Elk Street to South Park Avenue This action is being taken due to complaints received from residents of the street over unclear and inconsistent parking regulations. (See previous serial) NOTIFICATION SERIAL #9043 REPEAL OF NO PARKING WASHINGTON STREET, WEST SIDE BETWEEN A POINT 170' NORTH OF BROADWAY AND EAST MOHAWK STREET NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 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 PROH. PERIOD Washington Street, west side 7:00 a.m. - 7:00 p.m. between a point 170' north Except Sunday of Broadway and East Mohawk Street This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See next 6 serials) NOTIFICATION SERIAL #9044 NO STANDING - REPEAL WASHINGTON STREET, WEST SIDE FROM BROADWAY TO A POINT 170' NORTH THEREFROM NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PRO. PORTION OF HIGHWAY PROH. PERIOD Washington Street, west side At all times from Broadway to a point Page 21 98-0707.TXT 170' north therefrom and East Mohawk Street This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See previous and next 5 serials) NOTIFICATION SERIAL #9045 NO STANDING - REPEAL WASHINGTON STREET, WEST SIDE BETWEEN A POINT OPPOSITE THE NORTH CURB LINE OF BROADWAY AND CLINTON STREET NO STANDING - 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 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 PROH. PERIOD Washington Street, west side At all times between a point opposite the north curb line of Broadway and Clinton Street This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See previous 2 and next 4 serials) NOTIFICATION SERIAL #9046 REPEAL OF NO PARKING WASHINGTON STREET, WEST SIDE FROM A POINT 147' SOUTH OF CLINTON STREET TO EAGLE STREET NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 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 PROH. PERIOD Washington Street, west side At all times From a point 147' south of Clinton Street to Eagle Street This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See previous 3 and next 3 serials) NOTIFICATION SERIAL #9047 PERMISSIVE PARKING - INSTALL WASHINGTON STREET, WEST SIDE FROM EAST MOHAWK STREET TO A POINT 107' SOUTH OF CLINTON STREET EXISTING NSHTC & NPHTC AREAS) Page 22 98-0707.TXT PERMISSIVE PARKING -INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD - DAILY Washington Street, west side 2 hour parking from East Mohawk Street 7:00 a.m. to 7:00 p.m. to a point 107' south Except Sunday of Clinton Street (Except existing NSHTC & NPHTC areas) This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See previous 4 and next 2 serials) NOTIFICATION SERIAL #9048 PERMISSIVE PARKING - INSTALL WASHINGTON STREET, WEST SIDE BETWEEN A POINT 147' SOUTH OF CLINTON STREET AND EAGLE STREET (EXCEPT EXISTING NSHTC & NPHTC AREAS) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD - DAILY Washington Street, west side 2 hour parking between a point 147' south 7:00 a.m. to 7:00 p.m. of Clinton Street Except Sunday and Eagle Street (Except existing NSHTC & NPHTC areas) This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See previous 5 and next serial) NOTIFICATION SERIAL #9049 PARKING METERS - INSTALL PARKING METERS -INSTALL 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 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY Page 23 98-0707.TXT Washington Street, west side between East Mohawk Street and Eagle Street (Except NSHTC, NPHTC and Handicap Areas) This action is being taken to provide additional, metered on- street parking in the Downtown Central Business District. The affected area is on Washington Street between Mohawk and Eagle. (See previous 6 serials) REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 22 REPORT OF BIDS INSTALLATION OF TRAFFIC SIGNAL VEHICLE DETECTION LOOPS-1998 This is to advise Your Honorable Body that I have advertised and received bids on July 1, 1998 for the Installation of Traffic Signal Vehicle Detection Loops-1998. I have asked for bids on a unit price basis covering the various items of material and work that 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 either be more or less than the total bid. The following bids were received: I. Omer Construction Co., Inc. $63,490.00 I hereby certify that the lowest responsible bidder for this project is Omer Construction Co., Inc. I respectfully request that Your Honorable Body order the work, the cost thereof to be charged to Bond Fund #201-401-002-00-000 in an amount of $63,490.00 plus approved unit prices for an additional amount of $6,349.00, for a total encumbrance of $69,839.00. The engineer's estimate for this work is $70,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, the bidder may withdraw his bid if an award of contract is not made by August 17, 1998. The bid submission is 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 July 1, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Installation of Traffic Signal Vehicle Detection Loops - 1998, to Omer Construction Co., Inc., the lowest responsible bidder, in the amount of $63,490.00 plus approved unit prices for an additional amount of $6,349.00, for a total encumbrance of $69,839.00, with said cost to be charged to Bond Fund #201- 401-002-00-000. Passed. AYES-13. NOES-0. NO. 23 REPORT OF BIDS PHASE 11 RENOVATIONS FRIENDS TO THE ELDERLY 118 E. UTICA I advertised for on June 16, 1998 and received the following sealed formal bids which were publicly opened and read on June 30, 1998. General Construction Base Bid Alt 1 Alt 2 Dreamco Development Corp. $227,899 $3,450 $3,400 C. Nichter $317,300 $4,000 $5,000 Picone Construction $318,000 $2,000 $3,600 Summit Construction $323,000 $2,000 $4,000 Kulbach's $335,000 $5,700 $3,500 Page 24 98-0707.TXT The Hadala Corp. $336,000 $3,500 $3,500 C. H. Byron $388,000 $5,000 $4,000 Alternate #1 is for the installation of carpeting. Alternate #2 is for the installation of vertical blinds. Plumbing Work Elmwood Plumbing $13,800 H. B. Plumbing $17,870 Numarco, Inc. $18,900 Joseph Carino Plumbing $36,980 HVAC Work Northeast Mechanical $144,950 Electrical Work Bennett Electrical $120,844 Tunney Electric $120,857 Goodwin Electric $136,000 Grand Island Electric $141,298 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: Dreamco Development Corp., Base Bid of $227,899, plus Alternate #1 for $3,450, plus Alternate #2 for $3,400, for a total amount of $234,749. Plumbing Work: Elmwood Plumbing for $13,800. HVAC Work: Northeast Mechanical for $144,950. Electrical Work: Bennett Electrical for $120,844. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are available in CPF 202- 402-503 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 30, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Phase 11 Renovations, Friends to the Elderly, for General Construction to Dreamco Development Corp., Base Bid of $227,899, plus Alternate #1 for $3,450, plus Alternate #2 for $3,400, for a total amount of $234,749; for Plumbing Work to Elmwood Plumbing in the amount of $13,800; for HVAC Work to Northeast Mechanical in the amount of $144,950; and for Electrical Work to Bennett Electrical in the amount of $120,844, the lowest responsible bidders. Funds for this project are available in CPF 202-402-503 - Division of Buildings. Passed. AYES-13. NOES-0. NO. 24 REPORT OF BIDS TRAFFIC SIGNAL IMPROVEMENTS VARIOUS LOCATIONS-1998 This is to advise Your Honorable Body that I have advertised and received bids on July 1, 1998 for the Traffic Signal Improvements Various Locations-1998. I have asked for bids on a unit price basis covering the various items of material and work that 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 either be more or less than the total bid. The following bids were received: I. Omer Construction Co., Inc. $463,349.30* *Corrected Total I hereby certify that the lowest responsible bidder for this Page 25 98-0707.TXT project is Omer Construction Co., Inc. I respectfully request that Your Honorable Body order the work, the cost thereof to be charged to Capital Projects Fund 200-401-507-00-000 in an amount of $4631,349.30 plus approved unit prices for an additional amount of $46,334.93, for a total encumbrance of $509,684.23. The engineer's estimate for this work is $500,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, the bidder may withdraw his bid if an award of contract is not made by August 17, 1998. The bid submission is 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 July 1, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Traffic Signal Improvements Various Locations - 1998 to Omer Construction Co., Inc., the lowest responsible bidder, in an amount of $463,349.30 plus approved unit prices for an additional amount of $46,334.93, for a total encumbrance in the amount of $509,684.23. Funds for this project are available in the Capital Projects Fund 200-401-507-00-000. Passed. AYES-13. NOES-0. NO. 25 REPORT OF INFORMAL BIDS TOPSOIL AND SEEDING SQUAW ISLAND COMPOST AREA On Thursday, July 2, 1998, the Department of Public Works received the following informal bids for topsoil and seeding at the Squaw Island Remediation Site: Base Bid Buffalo Creek Landscaping $ 17,400.00 Gleasons Nursery No Bid Birch Grove Landscaping No Bid This work is necessary to prevent erosion and exposure of the landfill liner on the compost expansion area which is not being utilized. The engineer's estimate for the work was $20,000 and funds are available in Department of Public Works Capital Project Account #202-401-005. I, therefore, recommend that your Honorable Body authorize the Commissioner of Public Works to contract with Buffalo Creek Landscaping in the amount of $19,140.00 ($17,400.00 Base Bid +10% unit price increase of $1,740.00). Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 2, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Topsoil and Seeding at the Squaw Island Remediation Site, to Buffalo Creek Landscaping, the lowest responsible bidder, in the amount of $19,140.00 ($17,400.00 Base Bid plus 10% unit price increase of $1,740.00). Funds for the project are available in Department of Public Works Capital Project Account #202- 401-005. PASSED. AYES-13. NOES-0. Page 26 98-0707.TXT NO. 26 CHANGE IN CONTRACT ENGINE 25, LADDER 10 I hereby submit to Your Honorable Body the following changes for Engine 25, Ladder 10, General Construction, Hi-Teck Construction, Order #1 1702920. 1. Remove two (2) additional windows and install glass block with two (2) new vents and frame one (1) air conditioner opening as requested by the Fire Dept Add $ 1,275.00 The foregoing change results in a net increase in the contract of One Thousand Two Hundred Seventy Five and 00/100 Dollars ($1,275.00). Summary: Original Amount of Contract $ 4,950.00 Amount of This Change (No. 1) Add $ 1,275.00 Revised Amount of Contract $ 6,225.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 201-402-004 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 25, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Hi-Teck Construction, an increase in the amount of $1,275.00, as more fully described in the above communication, for work relating to Engine 25, Ladder 10, General Construction, Order #1 1702920. Funds for this project are available in CPF 201-402- 004 Division of Buildings. PASSED. AYES-13. NOES-0. NO. 27 CHANGE IN CONTRACT KING URBAN LIFE CENTER MECHANICAL WORK I hereby submit to Your Honorable Body the following changes for King Urban Life Center, Mechanical Work, D. V. Brown & Associates, C #91940800. 1.Omit two (2) return air fans and relocate two (2) sections of 48" x 20" duct. Deduct $ 758.00 The foregoing change results in a net decrease in the contract of Seven Hundred Fifty Eight and 00/100 Dollars ($758.00). Summary: Original Amount of Contract $ 278,400.00 Amount of This Change (No. 1) Deduct $758.00 Revised Amount of Contract $ 277,642.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to CPF 202-402-003 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 22, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to D. V. Brown & Page 27 98-0707.TXT Associates, a decrease in the amount of $758.00, as more fully described in the above communication, for work relating to King Urban Life Center, Mechanical Work, C #91940800. Funds for this project are to be credited to CPF 201-402-003 - Division of Buildings. PASSED. AYES-13. NOES-0. NO. 28 CHANGE IN CONTRACT KING URBAN LIFE CENTER PLUMBING WORK I hereby submit to Your Honorable Body the following changes for King Urban Life Center, Plumbing Work, H. B. Plumbing Inc., C #91939400. 1. Change water closet type in rooms 113 and 128 and revise waste clean-outs to be at floor level. Add $1,986.00 The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Eighty Six and 00/100 Dollars ($1,986.00). Summary: Original Amount of Contract $ 89,730.00 Amount of This Change (No. 1) Add $ 1,986.00 Revised Amount of Contract $ 91,716.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work will be available in CPF 202-402-502 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 22, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to H. B. Plumbing Inc., an increase in the amount of $1,9 8 6. 00, as more fully described in the above communication, for work relating to King Urban Life Center, Plumbing Work, C #91939400. Funds for this project are available in CPF 202- 402-502 - Division of Buildings. PASSED. AYES-13. NOES-0. NO. 29 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CARPENTRY/DRYWALL/CEILINGS - CONTRACT 109 I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Carpentry/Drywall/Ceilings, Contract 109, Boxhorn's - Division of Huber Construction, C #91938400. 1.Furnish and install eight (8) air conditioners in Precinct #3 due to removal of unit located on canopy. Add $7,812.00 The foregoing change results in a net increase in the contract of Seven Thousand Eight Hundred Twelve and 00/100 Dollars ($7,812.00). Summary: Original Amount of Contract $ 590,940.00 Page 28 98-0707.TXT Net Change by Previous Orders Deduct $ 182,734.00 Amount of This Change Add $7,812.00 Revised Amount of Contract $ 416,018.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 292-402-001 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 30, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order, to Boxhom's - Division of Huber Construction, an increase in the amount of $7,812.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Carpentry/Drywall/Ceilings, Contract 109, C #91938400. Funds for this project are available in CPF 292-402-001 - Division of Buildings. PASSED. AYES-13. NOES-0. NO. 30 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT ELECTRICAL - CONTRACT 119 I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Electrical (119), Frey Electric Construction Co., Inc., C #91938700. 1 .Delete seven (7) new fixtures and rewire seven (7) existing fixtures on the Pearl St. elevation. Deduct $3,438.00 2.Delete the Stage Manager's Desk and associated wiring and add three (3) equipment racks. Deduct $1,676.00 3.Provide electrical work to accommodate air conditioning units at Precinct #3 due to removal of existing unit on canopy. Add $2,319.00 The foregoing change results in a net decrease in the contract of Two Thousand Seven Hundred Ninety Five and 00/100 Dollars ($2,795.00). Summary: Original Amount of Contract $1,947,700.00 Net Change by Previous Orders Deduct $ (56,393.00) Amount of This Change Deduct $(2,795.00) Revised Amount of Contract $1,888,512.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to CPF 292-402-001 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 29, 1998, be received and filed; and Page 29 98-0707.TXT That the Commissioner of Public Works be, and he hereby is authorized to issue change order, to Frey Electric Construction Co., Inc., a deduction in the amount of $2,795.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Electrical (I 19), C #91938700. Funds for this project are to be credited to CPF 292-402-001 - Division of Buildings. PASSED. AYES-13. NOES-0. NO. 31 PERMISSION TO ENGAGE CONSULTANT EXPANSION OF THE DELAVAN-MOSELLE COMMUNITY CENTER I respectfully request Your Honorable Body's permission to engage an Architectural/ Engineering Consultant to prepare plans, specifications, advertise and receive proposals for the Expansion of the Delavan-Moselle Community Center as funded in the 1997/98 and 1998/99 Capital Budgets. Funds for this work will be available in CPF 203-402. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 19, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage an Architectural/Engineering Consultant to prepare plans, specifications, advertise and receive proposals for the Expansion of the Delavan-Moselle Community Center as funded in the 1997/98 and 1998/99 Capital Budgets. Funds for this project are available in CPF 203-402. PASSED. AYES-13. NOES-0. NO. 32 PERMISSION TO PREPARE PLANS & SPECIFICATIONS AND ADVERTISE FOR THE REPAIR TO CITY CURBS 1998 GROUP #482 I hereby request permission from Your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Repair to City Curbs - 1998 City-Wide, Group #482. This project includes the restoration of curbs, sidewalks and pavements, in various sections of the city. Funds for this project are available in the Division of Engineering Capital Projects Fund #200-401-564-00-000. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 2, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications, and advertise for sealed proposals for the Repair to City Curbs 1998 City-Wide, Group #482. Funds for this project are available in the Division of Engineering Capital Projects Fund #200-401-564-00-000. PASSED AYES-13, NOES-0 NO. 33 PERMISSION TO PREPARE PLANS & SPECIFICATIONS AND ADVERTISE FOR THE REPAIR TO STREET CUTS 1998 GROUP #465 I hereby request permission from Your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Repair to Street Cuts - 1998 City-Wide, Page 30 98-0707.TXT Group #465. This project includes the restoration of pavement, made necessary by the repair to city water mains and water service lines by private plumbing contractors in various sections of the city. Funds for this project are available in the Division of Engineering Capital Project Fund #200-401-564-00-000. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 2, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications, and advertise for sealed proposals for the Repair to Street Cuts 1998 City-Wide, Group #465. Funds for this project are available in the Division of Engineering Capital Projects Fund #200-401-564-00-000. Passed. AYES-13, NOES-0 NO. 34 HOUSEHOLD HAZARDOUS WASTE COLLECTION Mayor Anthony M. Masiello has instituted a Household Hazardous Waste Collection Event for the City of Buffalo residents in conjunction with the County of Erie. Attached please find the proposed Agreement between the City of Buffalo and the Erie County Environmental Education Institute, Inc. for the Household Hazardous Waste Collection Event scheduled for September 12, 1998 from 9:00 a.m. until 2:00 p.m. at CID Refuse Recycling Center. Wastes being accepted include pesticides (no aerosol cans), oil-based paints, selected paint thinners and waste solvents, used motor oil, dry cell and lead acid car batteries, and two tires (without rims) per vehicle. It is respectfully requested that Your Honorable Body authorize the Commissioner of Public Works to execute this agreement. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 23, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to execute the agreement between the City and the Erie County Environmental Education Institute, Inc. for the Household Hazardous Waste Collection Event. Passed. AYES-13, NOES-0 NO. 35 1565 HERTEL AVENUE; INSTALL HANDICAPPED ACCESS RAMP WITHIN CITY RIGHT-OF-WAY Mr. Wing Chai Wong, owner of the China Star Restaurant, located at 1565 Hertel Avenue, has requested permission to install a handicap ramp which would encroach City right-of-way at said address. The proposed ramp would measure 12 feet in length and project a maximum of 6 feet from the property line into City right-of-way. The Department of Public Works has reviewed Mr. Wong's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) 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 Page 31 98-0707.TXT permits Necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $5,000 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 ramp. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works dated June 30, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Wing Chai Wong, owner of the property located at 1565 Hertel Avenue, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the conditions as listed in the above communication. Passed AYES-13, NOES-0 NO. 36 PEARL STREET; CONDUIT WITHIN CITY RIGHT-OF-WAY Major W. H. Burr, Area Coordinator for The Salvation Army, located at 960 Main Street, has requested permission to encroach approximately 160 lineal feet of City right-of-way on North Pearl Street with a conduit. The proposed conduit would connect 960 Main Street with 158 North Pearl Street which is also owned by The Salvation Army. The conduit is necessary in order to house telephone cabling. The Department of Public Works has reviewed Mr. Burr'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 said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for 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 $5,000 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 conduit. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 CERTIFICATE OF APPOINTMENT Appointment Effective June 29, 1998: in the Department of Public Works, Division of Engineering, to the Position of Associate Engineer Provisional, Appointment at the Maximum Starting Salary of $ 53,201 Seyed Ghasemi 227 Efner St. Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Page 32 98-0707.TXT NO. 38 CERTIFICATE OF APPOINTMENT Appointment Effective June 29, 1998 in the Department of Public Works, Division of Water, to the Position of Assistant Filtration Plant Operator, Permanent, Appointment at the Maximum, Starting Salary of $29,814 Jeffrey Ford, 47A Altruria Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 39 CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00107754 C2-97-0110 $ 3,804.80 8155-00107746 C2-98-0011 573.60 8155-00107751 C2-98-0012 612.00 8155-00107749 C2-98-0013 7,953.60 8155-00107759 C2-98-0021 2,395.80 TOTAL DEPOSIT $ 15,339.80 The above referenced property has been administratively 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 FROM THE COMMISSIONER OF FIRE NO. 40 AMENDED CERTIFICATE OF APPOINTMENT Appointment Effective June 8, 1998 in the Department of Fire, Division of Fire Communication to the Position of Radio Supervisor, Permanent Appointment at the Intermediate Starting salary of $36,791 Robert Andrycha 75 Bame Street Buffalo, 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 41 PERMISSION TO ACQUIRE 60 HEDLEY PLACE C.C.P., JUNE 23, 1998, NO. 188 You asked for this Department's opinion of the acquisition of 60 Hedley Place by the City as conditioned by the above-cited item. We reviewed the proposal for the City to acquire 60 Hedley Place upon the City's assumption of outstanding taxes and liens at the closing and concluded that it is lawful. The City may take by gift or grant real and personal property within the City limits upon the terms and conditions as may be prescribed by the grantor or donor and accepted by the City. Gen. City Law  20(3). The City is empowered to spend money for any public or municipal purpose, Gen. City Law  20(5), with "public or municipal purpose" defined to include promotion of such things as education, art, and beauty, Gen. City Law  2 1. Here, the current owner of 60 Hedley Place agreed to convey the property to the City upon the City's assumption of outstanding taxes and liens. That property is a historic landmark and the oldest extant farmhouse within the City limits. The public purpose for this acquisition exists from the promotion of education, arts, and beauty in the historic Page 33 98-0707.TXT restoration and preservation intended by the City for this site. RECEIVED AND FILED NO. 42 SALARY UPGRADE REQUEST: CELLBLOCK ATTENDANTS ITEM NO. 78, C.C.P., 6/9/98 The Common Council requested that the Corporation Counsel submit an opinion on the Salary Upgrade Request of the Cellblock Attendants. AFSCME, Local 264 has included among its current contract proposals, a proposal to upgrade the salary of cellblock attendants. The issues raised by the cellblock attendants in their letter of June 9, 1998 will be addressed in negotiations. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 43 WATERFRONT REDEVELOPMENT PROJECT AREA "A" APPROVAL OF CONTRACT FOR SALE OF LAND SINCLAIR RADIO OF BUFFALO INC. Attached herewith is a Contract For Sale of Land by and between the City of Buffalo Urban Renewal Agency and Sinclair Radio of Buffalo Inc. It is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the mayor to execute the necessary documents for the disposition of the land to Sinclair Radio of Buffalo Inc. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 WOODLAWN AVENUE NEW HOUSING PROGRAM AMENDMENT OF LAND DISTRIBUTION AGREEMENT BURKE BROTHERS CONSTRUCTION, INC. Whereas this Honorable Body did previously approve a certain Land Distribution Agreement and did duly designate Burke Brothers Construction, Inc. as the qualified and eligible Redeveloper for the subject project, situate on City of Buffalo owned vacant land located within the Masten Council District. for the construction and marketing of seven (7) new single family affordable housing units (Item 4138, 10/28/97). It is hereby requested that the original approval be amended to provide for an additional three (3) new housing units located on the vacant City of Buffalo land adjacent to the original parcels. This land was previously allocated and approved for new housing to Nicholas Enterprises, Inc. as Redeveloper, however do to situations outside of the City of Buffalo's control Nicholas Enterprises, Inc. has been unable to perform its obligations as was previously allocated and approved.. Further, Page 34 98-0707.TXT Nicholas Enterprises, Inc., has failed to execute the appropriate documentation required for performance and has failed to respond to the final termination notice as was deliver via Certified Mail Return Receipt Requested. Presented herewith for your approval and the appropriate action are the following documents: 1. Proposed Amendment to Land Disposition Agreement 2. copy of December 23, 1997 Certified Correspondence 3. copy of April 2, 1998 Certified Correspondence Mrs. LoTempio moved: That the Buffalo Urban Renewal Agency be, and it hereby is authorized to amend the Land Disposition Agreement between BURA and Burke Brothers Construction to provide for an additional three (3) row housing units on vacant City of Buffalo land adjacent to the original parcels. PASSED AYES-13, NOES-0 NO. 45 TOW PATH PARK - PHASE 1 - REPORT OF BIDS Having received permission, Item #51, C.C.P. 3/17/98, to take bids to construct Tow Path Park, I have asked for and received June 30, 1998 the following bids for Phase 1 of Tow Path Park. BASE Alternates COMPANY BID #1,2,3,4,5,7 TOTAL Visone Construction Inc.$274,000 $44,100$318,100 79 Sheldon Ave. Depew, NY 14043 Buffalo Creek Landscaping$268,000$56,682$324,682 11800 Route 20a Wales Center, NY 14169 Birch Grove Landscaping $273,058 $60,073$333,131 Po Box 117 East Aurora, NY 14052 Nichter Associates Inc.$341,000$67,600$408,600 344 Vulcan Street Buffalo, NY 14207-1327 Gleason's Nursery, Inc.$352,800 $58,344 $411,144 4780 Sheridan Drive Williamsville, NY 14221 American Pav. & Excavat. No Bid No BidNo Bid 5880 Thompson Road Clarence Center, NY 14032 Restorff's Landscaping ServNo Bid No Bid No Bid 750 Kenmore Avenue Buffalo, NY 14216 C. Destro Development No Bid No Bid No Bid 3150 Seneca Street West Seneca, NY 14224 Amherst Paving, Inc. No Bid No Bid No Bid 330 Meyer Road Amherst, NY 14226 BDR, Inc. No Bid No Bid No Bid 3480 Benzing Road Orchard Park, NY 14217 CONSULTANT's ESTIMATE............................... $358,000 I hereby certify that the foregoing is true and correct statement of the bids received. We are accepting the base bid plus alternates #1, 2, 3, 4, 5, and 7. Therefore Visone Construction Inc., 79 Sheldon Ave., Depew, NY 14043 is the lowest responsible bidder for a combined total of $318,100 in accordance with the plans and spec.'s. I recommend the Your Page 35 98-0707.TXT Honorable Body authorize the City to order the work on the basis of the combined lowest, responsible bid. Funds are available in the City Wide Parks and Playground Bond Fund Account. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated July 1, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Tow Path Park, Phase 1, to Visone Construction, Inc., the lowest responsible bidder, in the combined total of $318,100, with said cost to be charged to City-Wide Parks and Playground Bond Fund Account. Passed. AYES-13, NOES-0 NO. 46 DEWEY PLAYGROUND COURT RENOVATIONS CHANGE ORDER 1 I hereby request permission of Your Honorable Body to issue a change order for the above project in the amount of $775 to cover work unforeseen at the time of the bid opening. This job involved the removal of a tree and a stump that were undermining the edge of the basketball courts we were resurfacing. The change order will increase the total contract (No. 91932100) with Suburban Blacktop, 12977 Warner Hill Road, South Wales, New York 14139 to $41,911. Staff has found the price to be fair & reasonable. I recommend that Your Honorable Body authorize the city to increase the contract in the amount shown above. Funds for this work are available in Bond Fund 200-717-021. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated July 1, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order, to Suburban Blacktop, an increase in the amount of $775.00, as more fully described in the above communication, for work relating to Dewey Playground Court Renovations, No. 91932100. Funds for this project are available in Bond Fund 200-717-021. Passed AYES-13, NOES-0 NO. 47 KINGSLEY PLAYGROUND IMPROVEMENTS - CHANGE ORDER I I hereby request permission to issue a change order for the above project in the amount of $2377 to cover work unforeseen at the time of the bid. The work includes additional sandy loam to cover the drain lines & test wells on site in the baseball diamond area and to add additional entrances to the park where holes have been cut in the fencing. This change order will increase the total contract (No. 91931100) with Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221 to $82,753. Staff has found the prices to be fair and reasonable. I recommend that Your Honorable Body authorize the city to increase the contract in the amount shown above. Funds for this work are available in Bond Fund 200-717-083. Page 36 98-0707.TXT Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated July 1, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Gleason's Nursery, an increase in the amount of $2,377, as more fully described in the above communication, for work relating to Kingsley Playground Improvements, No. 91931 100. Funds for this project are available in Bond Fund 200-717-083. Passed AYES-13, NOES-0 NO. 48 CITYWIDE TREE REMOVAL CHANGE ORDER NO.2 I hereby request permission to issue a change order for the above project in the amount of $40,000 to cover additional tree removals at the unit prices included in the original bid. This contract was bid through the Division of Purchase and the City of Buffalo Forestry Division but funded with Bond Funds under the Department of Community Development. The Contract is open ended and allows the city to utilize the unit prices to remove trees for one year, and gives the city the option to extend the contract and the fixed unit prices for an additional year. At this time we are asking approval to increase the contract (No. 91928800) with Schneck's Tree Removal in the amount of $40,000 bringing the new total contract amount to $159,292. I recommend that Your Honorable Body authorize the city to increase the contract in the amount shown above. Funds for this work are available in Bond Fund Account 201-717-004. Mrs. Lotempio moved: That the above communication from the Commissioner of Community Development dated July 1, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 2, to Schneck's Tree Removal, an increase in the amount of $40,000.00, as more fully described in the above communication, for work relating to Citywide Tree Removal, No. 91928800. Funds for this project are available in Bond Fund Account 201-717-004. Passed AYES-13, NOES-0 NO. 49 PERMISSION TO HIRE A CONSULTANT FRANCZYK PARK, SOIL AND WATER TESTING I hereby request permission from the Common Council authorizing the Commissioner of Community Development to engage the services of a consultant to perform environmental testing at Franczyk Park. Less than $50,000 will be required for this activity. Funds are available in City Environmental Bond Account No. 202-717-005, representing the sale of bonds. Mrs. Lotempio moved: That the above communication from the Commissioner of Community Development dated July 2, 1998 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to engage the services of a consultant to perform environmental testing at Franczyk Park. Funds for this project are available in City Environmental Bond Account No. 202-717-005 representing the sale of bonds. Page 37 98-0707.TXT Passed. AYES-13, NOES-0 NO. 50 NORTH DISTRICTS PARKS DESIGN We are requesting permission of Your Honorable Body to hire a consultant to develop the plans and specifications for work at various North District Parks including Riverside Park, Tow Path Park and the Ontario Street Boat Launch. Funds for this work are available in a Bond Fund for the project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated July 1, 1998 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to hire a consultant to develop the plans and specifications for work at various North District Parks including Riverside Park, Tow Path Park and the Ontario Street Boat Launch. Funds for this project are available in a Bond Fund for this project. Passed. AYES-13, NOES-0 NO. 51 SOUTH DISTRICT PARKS DESIGN We are requesting permission of Your Honorable Body to hire a consultant to develop the plans and specifications for work at various South District parks including Cazenovia Park, Okell Playground, Hillery Playground and Mungovan Playground. Funds for this work are available in a Bond Fund for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated July 1, 1998 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to hire a consultant to develop the plans and specifications for work at various South District Parks including Cazenovia Park, Okell Playground, Hillery Playground and Mungovan Playground. Funds for this project are available in a Bond Fund for this project. Passed. AYES-13, NOES-0 NO. 52 CDBG HOUSING FUNDS $380,000 OVER 5 YEARS ACCOUNT - 98-50518 This is a project to provide funding for the Riverview Manor Apartments, 24 Hertel Avenue, Buffalo, New York in the amount of $76,000 per year for five (5) years. The total funding is for $380,00 over that period. The permanent loan will carry interest at 4% for thirty years. The interest will be capitalized over the first five years and will amortize ratably over the next twenty-five (25) years. The loan will be secured by a third mortgage on the project. The first and second mortgages are with The Community Preservation Corporation and approximate $1,400,000. The rehabilitation work would be accomplished over time and includes interior and exterior work. The refinancing is necessary in order to make the rehabilitation affordable. The apartment complex is currently a Section 8 eligible project with all of the units qualifying (110 units). The affordable housing requirement would include continuation of Section 8 Page 38 98-0707.TXT guidelines and Section 8 Fair Market Rents for at least 51% of the tenants. Niagara River Basin, Inc. (owner of Riverview Manor Apartments) will grant an easement to the City of Buffalo (BURA) if and when River Walk is extended across Niagara River Basin's rear property line adjacent to Niagara River. Niagara River Basin, Inc. agrees that there is presently some waterfront erosion at the property. They received confirmation recently from the Army Corp of Engineers. The Corps explained that the expenditure belongs to Niagara River Basin, Inc. Construction Monitoring Consultants, Inc. has provided a cost estimate to repair at $2,500.00. Niagara River Basin, Inc. anticipates rectifying the situation once the refinancing for the project, already begun, is completed. The Department of Community Development has reviewed the item above and finds it consistent with its policies and practices. I, therefore recommend its passage, contingent upon certification of funds by Financial Control of Agencies, and approved by Agency Counsel. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $76,000 per year for five (5) years for a total funding of $380,00 over the period of Community Development Block Grant Housing Funds to the Riverview Manor Apartments, 24 Hertel Avenue. The permanent loan will carry interest at 4% for thirty (30) years and upon the same terms and conditions as listed in the above communication. Passed AYES-13, NOES-0 NO. 53 SAINT NICHOLAS PLACE - AFFORDABLE NEW HOUSING PROGRAM B.H.D. PROPERTIES CO., INC., (THE "REDEVELOPER") HOME FUNDS - $220,000 The Department of Community Development has reviewed the item set forth and described below and finds it consistent in accordance with all applicable policies, practices and/or procedures. The Council did in fact designate B.H.D. Properties Co., Inc., as the Redeveloper and did approve a Land Distribution Agreement for the development of sixteen (16) affordable new housing units situate at the site known as Saint Nicholas Place, located in the Masten Council District. At the time the above referenced Item were presented, it was contemplated that a New York State Affordable Housing Grant ("AHC") would be made available providing for the necessary and appropriate subsidies for qualified purchasers. However, due to circumstances unrelated to this project the AHC funding will not be made available for this project. The Department in its efforts to continue with this worthwhile project hereby requests that the City of Buffalo's Common Council approve the funding of $220,000 of HOME funds to provide purchase subsidies for qualified new home purchaser to be utilized in conjunction with the CDBG funds. It is intended that the $220,000 Home Funds be allocated to provide eleven (11) $20,000 subsidies to be made available to families with household incomes at or below 80% of the area medium income. Mrs. LoTempio moved: Page 39 98-0707.TXT That the Commissioner of Community Development be,and he hereby is authorized to release $220,000 of HOME funds to provide purchase subsidies for qualified new home purchaser to be utilized in conjunction with the CDBG funds. PASSED AYES-13, NOES-0 NO. 54 HOME FUNDS 252 CONNECTICUT I am respectfully requesting your approval for a total of $41,500.00 of HOME funds to assist in the rehabilitation of this 4 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. OWNER Louis Bellorno 11 North Brier Rd. Amherst, New York, 14225 The property is on the corner of Connecticut and Fargo. There are four units in this project. The developers will meet all criteria outlined, i.e. current City tax, County tax, and water bills, before-after appraisals. copy of mortgage/deed; contractor's work write-up, H.O.M.E. Rental Rehab application. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 55 HOME FUNDS 93 DETROIT I am respectfully requesting your approval for a total of $19,800.00 of HOME funds to assist in the rehabilitation of this 2 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. OWNER Johne Mayfield Janet St. Buffalo, New York, 14215 The property is on the comer of Connecticut and Fargo. There are two units in this project. The developers will meet all criteria outlined; i.e. current City tax, County tax, and water bills; before-after appraisals; copy of mortgage/deed; contractor's work write-up; H.O.M.E. Rental Rehab application. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 56 HOME FUNDS 570 - 572 ELMWOOD 112 - 120 ANDERSON I am respectfully requesting your approval for a total of $49,000.00 of HOME funds to assist in the rehabilitation of this 33 unit apartment buildings (two). The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. OWNER Theodore Backus 210 Summer Street Buffalo, New York, 14222 The property is on the comer of Elmwood and Anderson. There are thirty-three units in this project. The property is located within the Elmwood Avenue Neighborhood Commercial Page 40 98-0707.TXT Strip Development, as defined 'in the City of Buffalo's 1996-97 Consolidated Plan. The developers will meet all criteria outlined; i.e. current City tax, County tax, and water bills-, before-after appraisals.- copy of mortgage/deed; contractor's work write-up; H.O.M.E. Rental Rehab application. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 57 HOME FUNDS 1920 NIAGARA I am respectfully requesting your approval for a total of $101,500.00 of HOME funds to assist in the rehabilitation of this 10 unit apartment building. The apartments will be rented to low-mod income tenants. The loan terms will be 4% for 15 years. OWNER Robert C. Po-Chedley 567 Exchange Street Buffalo, New York, 14210 The property is on the northwest comer of Niagara and Hamilton, one block north of Amherst. There are ten units in this perfect. The property is located within the Niagara Street Neighborhood Commercial Strip Development, as defined in the City of Buffalo's 1996-97 Consolidated Plan. The developers will meet all criteria outlined; i.e. current City tax, County tax, and water bills; before-after appraisals- copy of mortgage/deed; contractor's work write-up; H.O.M.E. Rental Rehab application. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 58 REQUEST CITY OF BUFFALO TO INVESTIGATE EMERGENCY DEMOLITION OF PROPERTY ITEM # C.C.P 179. JUNE 9, 1998 In response to the above stated Common Council Communication I would like to supply your Honorable Body with the following information. As your Honorable Body is aware, the Department of Community Development, Division of Inspections, Licenses and Permits is the Department that has charge of all demolition work. On or about April 11, the property known as 733 Genesee Street was brought to the attention of the Director of Inspections, Licensees and Permits by the Department of Fire. At that time a portion of the west wall was in structural failure. At that time it was determined by the Director of Inspections, Licenses and Permits that removal of the collapsing wall section was to be done immediately. As this section of wall was removed, it was discovered that the roof trusses were also in the state of structural failure along with remaining portion of the west wall and it was determined that the remainder of the building was to be demolished. On April 13, 1998 a declaration of emergency demolition was issued by Building Inspector Kevin Luthringrer, Director Gary W. Ziolkowski and Commissioner of Community Development Joseph E. Ryan. As this building was in the state of structural failure no one was allowed entry to the premises. Thd Department of Community Development, Division of Inspections, Licenses and Permits did not mistakenly demolish this structure without authorization, We in fact were performing our primary charge of the protection of the health, safety and welfare of the public. I am of the understanding that principals Page 41 98-0707.TXT of the Holy Ghost Headquarters # I were on the site both before during and after the demolition work was performed The accusations made by Bishop Mongomery made concerning past and current practices are an issue not addressed by this report. As there are legal ramifications involved with this and other issues addressed in this Common Council communication, we would prefer that those issue be further examined in their proper forum. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 RESULTS OF NEGOTIATIONS 361 BARAGA, 123' W HOPKINS VACANT LOT: 301 X 120' ASSESSED VALUATION: $2,400 The Department of Community Development, Division of In- Rem Properties, has received a request to purchase 361 Baraga Street from Robert Strainese, 355 Baraga Street, Buffalo, New York. Mr. Strainese owns 355 Baraga Street, which is adjacent to 361 Baraga. He intends to clean up the area and use for extra yard space. The Department of Community Development and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Wolf Appraisal Service, Inc., 152 Warren Avenue, Kenmore Avenue 14217. He has estimated the value of the property to be One Thousand Dollars ($1,000). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Strainese has agreed and is prepared to pay One Thousand Dollars ($1,000) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 361 Baraga Street to Mr. Robert L. Strainese 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. 60 RESULTS OF NEGOTIATIONS 344 GUILFORD, 3421 N GENESEE VACANT LOT: 30' X 94' ASSESSED VALUATION: $1,300 The Department of Community Development, Division of In- Rem Properties, has received a request to purchase 344 Guilford Street from Frances (mother and Gwendlina Wright (Daughter), 346 Guilford Street, Buffalo, New York 14211. Frances and Gwendolina Wright own 346 Guilford Street, which adjoins 344 Guilford Street. They intend to clean up the area and use for extra yard space. The Department of Community Development and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Arow Appraisal Service, Inc., 3790 Broadway Street, Cheektowaga, New York 14225. He has estimated the value of Page 42 98-0707.TXT the property to be Five Hundred Dollars ($500.00). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Frances and Gwendolina Wright have agreed and are prepared to pay Five Hundred Dollars ($500.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 344 Guilford Street to Frances and Gwnedolina Wright in the amount of Five Hundred Dollars ($500). 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 507 MADISON, 295-09' N SYCAMORE VACANT LOT: 25' X 109' ASSESSED VALUATION: $1,200 The Department of Community Development, Division of In- Rem Properties, has received a request from Emmett and Mary Turner, 185 Woodlawn Avenue, Buffalo, New York 14208, to purchase the above captioned vacant lot. Mr. & Mrs. Turner own a single family dwelling at 509 Madison and intend to use 507 Madison Street for additional 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 Dennis Walker, Appraiser, Able Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the value of the parcel to be Twelve Hundred Dollars ($1,200) Forty-Four Cents (44) 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. Turner have agreed and are prepared to pay Eight Hundred Dollars ($800), Twenty-Nine Cents (29) 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 507 Madison Street to Mr. & Mrs. Turner in the amount of Eight Hundred Dollars ($800). 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 MAIN-LASALLE REVITALIZATION PROJECT - SEQR - FINAL FINDINGS The Department of Community Development has issued its final findings for the above-referenced project on Tuesday, June 23, 1998. A copy of the department's Statement of Findings is enclosed for your information. If you have any questions regarding this matter, please do not hesitate to contact Gregory Bernas in the Division of Planning at 851-5083. Thank you. Page 43 98-0707.TXT RECEIVED AND FILED NO. 63 JUNE 1998 OFFICE SPACE INVENTORY Attached hereto, for your information, is an annual update of the City of Buffalo's study of downtown office occupancy rates prepared by the Division of Planning's analysis Section, entitled, "Inventory & Analysis of office Space in the City of Buffalo Central Business District from 1982 through 1997", dated June 1998. If you should have any further questions, please do not hesitate to contact Mr. Gary Witulski, Economic Market Analysis, Division of Planning, 901 City Hall, ext. 4272. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 TOWNE GARDENS, LTD., 440 CLINTON STREET, BUFFALO, NY 14204 COUNCILMEMBER COPPOLA - RE: UTILITY ANALYSIS 6/22/98 In response to Councilmember Coppola's request for an analysis of utility costs at the Towne Gardens rental unit, p ease accept this reply. The following is a breakdown of utility cost for 1996, 1997, & the first 5 months of 1998: 1996 1997 1998 Year/Monthly Avg.Reg/Monthly Avg.Year/Monthly Avg. Electric $218,707/$23,475.58 $202,682/$16,890.17 $127,846 / $25,569.30 Water $47,116/$3,926.33 $45,883/$3,823.58 $38,285 / $7,657 Sewer $54,391/$4,532.58 $55,130/$4,594.17 $38,284.99 / $7,657 Gas $246,189 /$20,515.75 $260,285 / $21,735.42 $122,752.82 / $24,559.56 Total $566,403 / $52,450.24 $564,520 / $47,043.34 $289,267.15 / $65,433.86 The five month average of $65,433.86 for 1998 exceeds the 1997 and 1996 average monthly amounts. It is expected that this trend will continue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 65 CERTIFICATE OF APPOINTMENT Appointment Effective June 29, 1998 in the Department of Community Development, Division of Inspections, Licenses and Permits to the Position of Senior Clerk, Permanent, Appointment, at the Intermediate Salary Step 4 Starting Salary of $ 25, 172 Nancy Smardz 617 Fulton St. Bflo. NY 14210 REFERRED TO THE COMMITTTE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 66 NOTICE OF APPOINTMENT - DIRECTOR OF TREASURY I am extremely pleased to inform your Honorable Body that I am appointing Michael A. Seaman of 119 Frontenac Avenue as Director of the Treasury. Mr. Seaman will begin work on July 6, and his salary will be $52,649. Mr. Seaman brings to the Treasurer's position 14 years in experience in the banking industry; his activities included Page 44 98-0707.TXT managing branch operations with a staff of 25. 1 look forward to working with Mr. Seaman to make the City Treasury a state of the art operation, improve its ability to serve other City departments and make doing business with the City of Buffalo as convenient for taxpayers and citizens as possible. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS, AND COMPTROLLER. NO. 67 CITY OF BUFFALO PROPOSAL FOR TAYLOR LAW IMPASSE COMMITTEE JUNE 24, 1998 If a successor collective bargaining agreement has not been reached prior to June 30, 1998, effective July 1, 1998, the City will assume any temporary increase in the cost of the Spectrum coverage up to an amount of $21.65, until the date that a successor agreement has been reached between the parties or an imposed award is issued by the Common Council, whichever comes first. If GM credits the City for all or any portion of the difference in premium cost for the Spectrum coverage from May 1, 1997, the City will reimburse the employees in Local 650 who were covered by the Spectrum plan for the amount credited. With regard to Article 6.6 (B), of the collective bargaining agreement, upon written notification to AFSCME Local 650, the City of Buffalo may enter into negotiations with GM in an attempt to secure the lowest possible cost for the Spectrum and Preferred dental plans. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE NO. 68 CERTIFICATE OF APPOINTMENT AMENDED Appointment Effective: 6/8/98 In the Department of Administration & Finance, Division of Treasury, to the Position of Laborer I, Temporary Appointment at the: Maximum Starting Salary of: $ 22,675.00 Christopher VanVessem, 148 Woltz, Buffalo NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 69 HUMAN SERVICES, PARKS AND RECREATION PARKS REPORT OF BIDS-RIVERSIDE ICE RINK CONCESSION C.C.P.#35, 01/06/98 As authorized by your Honorable Body this department prepared specifications for the Riverside Ice Rink. Advertisement and bids were handled and received by the Division of Purchase. They are as follows: NAME OF BIDDER AMOUNT Lucien Miller $ 5,440.00 2568 Rt. 39,Collins, New York 14043 William Shylo $ 2,754.00 110 Albemarle Street, Buffalo, New York 14207 James Karamonos $ 2,200.00 90 Magnolia Street, Lackawanna, New York 14218 I hereby certify that Lucien Miller was the high bidder for the Riverside Ice Rink in the amount of $5,440. annually. Page 45 98-0707.TXT Attached please find a copy of the tabulations along with a copy of the winning bid proposal. Upon your approval, we will proceed with drawing up a contract per the terms of the bid. REFERRED TO THE C0MMITTEE ON FINANCE NO. 70 PERMISSION TO TRADE IN EQUIPMENT TO PURCHASE NEW EQUIPMENT I am writing to request permission to trade in the equipment listed below to enable us to purchase lawnmower equipment. This item was mistakenly not included in the original listing, item nos. 141 and 142, approved by the Council on June 23, 1998. Monies from this trade in will be used to purchase this equipment under State Contract. 1980 Snoco Trailer Frame and Axle are bent $200. PLATE PKT7EQ Mrs. LoTempio moved: That the above communication from the Commissioner of Human Services, Parks and Recreation dated July 2, 1998, be received and filed; and That the Commissioners of Human Services, Parks and Recreation and General Services be, and they hereby are authorized to trade-in the equipment as listed in the above communication for the purchase of a 1980 Snow Trailer. PASSED AYES- 13 NOES- 0 NO. 71 CERTIFICATE OF APPOINTMENT Appointment Effective: June 22, 1998, in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, to the Position of Counselor III Provisional Appointment, at the Maximum, Starting Salary of $29,982 Lauris Robinson, 241 Humboldt Pkwy., Buffalo 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF GENERAL SERVICES NO. 72 SALE OF JUNK AND ABANDONED VEHICLES BID #0147 The Division of Parking Enforcement has for sale on a continuing basis junk and abandoned vehicles as defined by the New York State Vehicle and Traffic Law, Section 1224-2. Bids were solicited to 14 companys and I recommend that your Honorable Body approve to the responsible high bidder, South Buffalo Auto. Listed below is the tabulation of bids opened on June 11, 1998: 1. Vehicles delivered to scrapyard per car Ed Henning Jr. So. Buffalo Auto Parts $56.01 $75.00 2. Vehicles picked up at Auto Pound per car Ed Henning Jr .So. Buffalo Auto Parts $56.01 $60.00 REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 73 BUFFALO MUNICIPAL HOUSING AUTHORITY CORRUPTION OF BMHA OFFICIALS PERRY HOUSING Page 46 98-0707.TXT UNITS In response to council item "B. Gray-Corruption of BMHA Public Housing Officials in Perry Housing Units" (494 C.C.P. June 23, 1998) we submit the following. The first time that we became aware of the petition and/or allegations made against Buffalo Municipal Housing Public Safety Officers was June 12, 1998 when Chief Ronald J. Christopher, Director of Public Safety, received a phone call from the Buffalo News. Prior to that time no one in the BMHA received a formal complaint regarding these allegations. Upon receipt of this petition and complaint I sent a letter to all BMHA residents whose names appeared in the petition. I asked the residents to file a complaint with the Public Safety Department or to me directly if they felt they had been harassed or abused by any of our officers. (copy of letter attached) As of this date we have not received any complaints from residents listed in the petition. However, Chief Christopher has received two (2) phone calls from residents who told him that they did not have a complaint and did not know how their name got on the petition. We currently have procedures in place to respond to any citizen or resident complaint regarding improprieties by Public Safety Officers. We expect only the highest level of professionalism from our employees and will not tolerate any employee harassing or abusing residents, visitors or anyone else. We welcome any complaints, will thoroughly investigate them and proper action will be taken in each individual case. If you need any further information please do not hesitate to contact me at 8556711 ex. 203. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 74 MAYOR REPORTED OUT OF STATE I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Monday, June 29, 1998 from 12:10 p.m. until Tuesday, June 30, 1998 at 11:30 a.m. RECEIVED AND FILED. NO. 75 PROPOSAL TO OPERATE PUBLIC ACCESS TV FROM BFLO MEDIA RESOURCES Enclosed please find a copy of a proposal to operate the Public Access TV System from Buffalo Media Resources, Inc. (a.k.a. Squeaky Wheel) REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS NO. 76 GRANT ACCEPTANCE The City of Buffalo, Records Management Division, has been awarded a grant for the 1998-1999 fiscal year in the amount of $50,782.00 by the State Archives and Records Administration (SARA). The grant funds will be used to continue the microfilming of historical City of Buffalo records. Attachment Mrs. LoTempio moved: That the above communication from the City Clerk dated June 23, 1998, be received and filed; and That the City Clerk be, and he hereby is authorized on behalf of Page 47 98-0707.TXT the Records Management Division, to accept a grant for the State Archives and Records Administration for microfilming of historical City records. PASSED AYES- 13 NOES- 0 NO. 77 DISPOSITION OF CITY RECORDS The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Department of Assessment RECEIVED AND FILED. NO. 78 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 2034 Genesee St New Package Store Curtis L. Hairston jr. 414 Pearl St. THBASMNT, Inc. Same as Inc. RECEIVED AND FILED NO. 79 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Robin A. Bridges, James B. Milroy, Patricia A. Hauser- Petricca, Vanessa Rowe Fire- Kenneth Eason Community Development- Tom Puglisi, Matthew J. Baudo, Ronald Karpinski RECEIVED AND FILED. NO. 80 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board 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 15, 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. Nancy Mercado, 263 W. Tupper, Buffalo, NY 14201 Appointment Effective July 6, 1998 in the Department of Common Council to the Position of Intern II, Seasonal, Non- Competitive, at the Flat Starting Salary of $5.15 per hr. Caltlin Bogucki, 15 Wasson Street, Buffalo, NY 14210 Page 48 98-0707.TXT Kathryn Gorski, 75 Greene Street, Buffalo, NY 14206 Renee Schwertfeger, 1314 Lovejoy Street, Buffalo, NY 14206 Robert N. Brant, 27 Elk Street, Buffalo, NY 14210 Anthony Swinnich, 18 Gold Street, Buffalo, NY 14206 Eric J. Woods, 60 Roslyn Street, Buffalo, NY 14211 Jessica Woods, 60 Roslyn Street, Buffalo, NY 14211 Charis Walker, 245 Roslyn Street, Buffalo, NY 14215 Damell Sworm, 259 Newburgh Ave., Buffalo, NY 14215 Norma Jean Carboni, 257 Gold Street, Buffalo, NY 14206 Breft Walentynowicz, 211 Holly Street, Buffalo, NY 14206 Romayne Krawczyk; 310 Ideal Street, Buffalo, NY 14206 Angela Glover, 28 Littell Avenue, Buffalo, NY 14210 David Borowczyk, 127 Goethe Street, Buffalo, NY 14206 Ruthie Bobb, 51 Ruhland Avenue, Buffalo, NY 14211 William Conway, Jr., 100 Vincennes Street, Buffalo, NY 14204 Elizabeth Wojcik, 34 Clemo Street, Buffalo, NY 14206 Brenda Toe, 153 Debra Lane, Buffalo, NY 14207 Patrick Shanahan, 95 Baxter St., Buffalo, 14207 Louis Hall, 72 Fuller Ave., Buffalo, 14207 Rory Moran, 24 Albert Ave., Buffalo, 14207 Ray Wojciechowski, 126 Peabody Street, Buffalo, NY 14210 Kristyn Golombek, 327 Weimer Street, Buffalo, NY 14206 Garry Weiss, 168 Elk Street, Buffalo, NY 14210 John Marrero, 315 Smith Street, Buffalo, NY 14210 Paul Fitzpatrick, 23 Heussy Avenue, Buffalo, NY 14220 John Otto, 328 Southside Pkwy, Buffalo, NY 14220 Lester Sconiers, 46 Chatham, Buffalo, NY 14216 Jeremy Brown, 112 Wende Street, Buffalo, NY 14211 Laura Farr, 96 Abbott Road, Buffalo, NY 14220 Jeffery Lubkowski, 163 Fenton Street, Buffalo, NY 14206 Crystal Ann Muhammad, 166 Burgard Pl., Buffalo, NY 14211 Dominic Sylvia, 123 Walter Street, Buffalo, NY 14210 Nathan Whitener, 34 Abbott Road, Buffalo, NY 14220 Ricky Whitener, 34 Abbott Road, Buffalo, NY 14220 Katie Mikulski, 57 Jones Street, Buffalo, NY 14206 Crystal Sanger, 1 Thomas Street, Buffalo, NY 14206 Autumn Lewandowski, 123 Jones Street, Buffalo, NY 14206 Judith A. Ramirez, 1428 Broadway, Buffalo, NY 14212 Diona Cole, 105 Bissell Avenue, Buffalo,-NY 14211 Cynthia Siedlikowski, 19 Laux Street, Buffalo, NY 14206 Erin Allman, 38 South Street, Buffalo, NY 14204 Elizabeth Lopez, 67 Fillmore Avenue, Buffalo, NY 14210 Jim Brem, 921 Main Street, Apt. 218, Buffalo, NY 14203 Farah Rashada, 79 Bissell Avenue, Buffalo, NY 14208 Elizabeth Wixson, 418 Beard Avenue, Buffalo, NY 14214 Brian Woodard, 5 Courtland Avenue, Buffalo, New York 14215 Alyssa R. Pannozzo, 20 North Drive, Buffalo, NY 14216 Andrew J. Reid, 141 Kimberly Avenue, Buffalo, NY 14220 Christopher P. Scanlon, 201 Cumberland Ave., Bflo, NY 14220 Shannon M. Scheu, 177 Kentucky St., Buffalo, NY 14204 Joseph W. Smardz, 56 Eden Street, Buffalo, NY 14220 Elizabeth Somerville, 377 Starin Avenue, Buffalo, NY 14216 Erin A. Willard, 116 Culver Road, Buffalo, New York 14220 Katie M. Fitzgerald, 425 South Legion Dr.,Buffalo, NY 14220 Brooke M. Fitzpatrick, 56 Depew Ave., Buffalo, NY 14214 Mark C. Giglio, 578 Downing St., Buffalo, NY 14220 Mark J. Gugliuzza, 8 Delsan Court, Buffalo, NY 14216 Katie E. Hamilton, 47 Ramona Ave., Buffalo, NY 14220 Robert P. Mellody, 153 Hollywood Ave., Buffalo, NY 14220 Eileen M. McCormick, 97 Choate Ave., Buffalo, NY 14220 Serena K. Abbate, 459 St. Lawrence Ave., Buffalo, NY 14216 Robert Bays, 940 South Park Ave., Buffalo, NY 14210 Holly L. Beecroft, 167 Woodside Ave., Buffalo, NY 14220 Page 49 98-0707.TXT Jessie M. Conrad, 128 Harding Road, Buffalo, NY 14220 Helen M. Conway, 100 Vincennes St., Buffalo, NY 14204 Michael R. Coyle, 60 Riverview Pl., Buffalo, NY 14210 Nicolas A. Craig, 206 Brinkman Ave., Buffalo, NY 14211 James Scott, 165 Lexington Ave., Buffalo, NY 14222 Erica M. Jordan, 130 Millicent Avenue, Buffalo, NY 14215 Jacob Piorkowski, 402 Bird Ave., Buffalo, 14213 Audra Hutnik, 312 Esser Ave., Buffalo, 14207 Daniel Burrows, 210 Riverside Ave., Buffalo, 14207 Mark Christy, 55 Homer Ave., Buffalo, 14207 David Paul, 44 Pavonia St., Buffalo, 14207 Sean Brodfuehrer, 2497 Niagara St., Buffalo, 14207 John Rybicki, 399 Skillen St., Buffalo, 14201 Appointment Effective July 10, 1998 in the Department of Common Council to the Position of Intern II, Seasonal, Non- Competitive, at the Flat Starting Salary of: $ 5.15 per hr. Jillian Emminger, 142 Roesch Ave., Buffalo, 14207 Appointment Effective: June 26, 1998 in the Department of Common Council Division of to the Position of Intern I, Seasonal, Non-Competitive, at the Flat Starting Salary of $7.00 per hr. Julia A. Paul, 76 Lovering, Buffalo, NY 14216 Appointment Effective July 6, 1998 in the Department of Common Council to the Position of Intern I, Seasonal, Non- Competitive, at the Flat Starting Salary of $7.00 per hr. Michelle Rzeszutek, 40 Fisher Street, Buffalo, NY 14211 Jeffrey Dickman, 301 Roesch Ave., Buffalo, 14207 Patrick J. Wells, 47 Marine Drive Apr. 6G, Buffalo, NY 14202 Appointment Effective June 26, 1998 in the Department of Common Council Division of to the Position of Intern IV, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.00 per hr. Maureen Kerns, 133 Hubbell, Buffalo, NY 14220 James Brennan, 200 Mineral Springs Rd., Buffalo, NY 14210 Kimberly Brucz, 312 Germania St., Buffalo, NY 14220 Appointment Effective July 6, 1998 in the Department of Common Council to the Position of Intern IV, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.00 per hr. Mike Kon, 504 Fillmore Avenue, Buffalo, NY 14206 Brian Kavanaugh, 286 Baynes Ave., Buffalo, 14213 Tracie Kwoka, 353 Esser Ave., Buffalo, 14207 Appointment Effective June 26, 1998 in the Department of Common Council Division of to the Position of Intern V Seasonal, Non-Competitive, at the Flat Starting Salary of: $8.00 per hr. Marvin Rodolph, 538 E. Amherst, Buffalo, NY 14215 Appointment Effective: July 6, 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. Jay LoTempio, 229 Villa Avenue, Buffalo, NY 14216 Bernadette Ruper, 67 Eller Avenue, Buffalo, NY 14211 Christina Beck 15 S. Domedion Street Buffalo, NY 14211 Edward Lederer 107 Hagen Street Buffalo, NY 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 July 1, 1998 in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV, Seasonal, Non- Page 50 98-0707.TXT Competitive, at the Flat Starting Salary of $6.00/hr Erika Pollak, 562 Parkside Ave., Buffalo, N.Y. 14216 Leah Doherty, 67 Coolidge Rd., Buffalo, N.Y. 14220 Erin O'Donnell, 79 Buffum St., Buffalo, N.Y. 14210 Appointment Effective June 30, 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 Mary Zebracki, 1092 Abbott Rd., Buffalo, N.Y. 14220 Appointment Effective July 6, 1998 in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Program to the Position of Intern III, Seasonal, Non- Competitive, at the Flat Starting Salary of $5.15/hr Julie Marie Lester, 179 Hinman Avenue, Buffalo, N.Y. 14216 Louis Loubert, 906 Prospect Ave., Buffalo, N.Y. 14213 Tara Massavren, 256 Crestwood Ave., Buffalo, N.Y. 14216 Adrien McCollum, 245 E. Utica St., Buffalo, N.Y. 14208 Lynn M. McDonald, 26 Payson St., Buffalo, N.Y. 14220 Patrick J. McMahon, 47 Belvedere Rd., Buffalo, N.Y. 14220 Paul F. McMahon, 47 Belvedere Rd., Buffalo, N.Y. 14220 Thomas R. McParlane, 38 Eaglewood Ave., Buffalo, N.Y. 14220 Joseph Mielcarek, 43 South Pontiac Ave., Buffalo, N.Y. 14206 Josephina A. Milioto, 200 Norwalk Ave., Buffalo, N.Y. 14216 Illyanna Morrow, 119 D. Fulton St., Buffalo, N.Y. 14204 Andrew Murphy, 15 Covington Rd., Buffalo, N.Y. 14216 Edward D. Neal, 82 Dewey Ave., Buffalo, N.Y. 14214 Adam Noto, 31 Clarendon PI., Buffalo, N.Y. 14209 Faustino Novino, Jr., 90 Rugby Road, Buffalo, N.Y. 14216 Daniel O'Connor, 16 Clarendon Pl., Buffalo, N.Y. 14209 Robin Prentiss, 195 Crestwood Ave., Buffalo, N.Y. 14216 Katie Ratchuk, 50 Hollywood Ave., Buffalo, N.Y. 14220 Quianna Reed, 331 Franklin St., Buffalo, N.Y. 14202 Aneesha L. Richardson, 122 Hamlin Rd., Buffalo, N.Y. 14208 Jessica A. Rine, 55 Lafayette Ave., Buffalo, N.Y. 14213 Peter J. Rizzo, 20 Tioga St., Buffalo, N.Y. 14216 Roshon R. Roberson, 353 Warwick Ave., Buffalo, N.Y. 14215 Antonio Rocco, 86 Norwood Ave., Buffalo, N.Y. 14222 Courtney Salters, 433 South Division St., Buffalo, N.Y. 14204 James L. Savo, 26 Como Ave., Buffalo, N.Y. 14220 Kevin Schieber, 176 Whitfield Ave., Buffalo, N.Y. 14220 Andrew J. Shea, 203 McKinley Pkwy., Buffalo, N.Y. 14220 Gabriel J. Simmons, 139 Villa Ave., Buffalo, N.Y. 14216-1340 Sasha Taublieb, 187 Norwalk Ave., Buffalo, N.Y. 14216 Shaun M. Taylor, 214 Linden Ave., Buffalo, N.Y. 14216 Marcus Thompson, 312 Fulton St., Apt. 4, Buffalo, N.Y. 14204 Vincent Tracy, 19 Tioga St., Buffalo, N.Y. 14216 Stephanie Urbino, 333 Hampshire St., Buffalo, N.Y. 14213 Mark C.Vara, 157 Norwalk Ave., Buffalo, N.Y. 14216 Suzanne R. Vara, 157 Norwalk Ave., Buffalo, N.Y. 14216 Lauren C. Vigiano, 193 Downing St., Buffalo, N.Y. 14220 Jennifer M. Vigiano, 193 Downing St., Buffalo, N.Y. 14220 Frank D. Watson III, 318 Hastings Ave. Buffalo, N.Y. 14215 Howard Webb, 218 Cambridge Ave., Buffalo, N.Y. 14215 Laquita M. White, 188 Coit St., Buffalo, N.Y. 14212 Daishia M. Wilson, 88 Ivy St., Buffalo, N.Y. 14211 Kelly E. Wischnewski, 471 McKinley Pkwy., Buffalo, N.Y. 14220 E'Lise Wright, 280 Summit Ave., Buffalo, N.Y. 14214 Rosemary M. Zebracki, 1092 Abbott Rd., Buffalo, N.Y. 14220 Keith P. Zolnowski, 427 Ideal St., Buffalo, N.Y. 14206 Susan P. Battaglia, 15 North Park, Buffalo, N.Y. 14216 Armond E. Lofton, 372 Roslyn St., Buffalo, N.Y. 14215 Page 51 98-0707.TXT Andrew S. Abbate, 153 Dorchester Rd., Buffalo, N.Y. 14213 Morgan S. Adelman, 255 North Drive, Buffalo, N.Y. 14216 Caroline M. Alagna, 23 Lovering Avenue, Buffalo, New York 14216 Christopher G. Alongi, 31 Homer Avenue, Buffalo, N.Y. 14216 Michael J. Anderson, 68 Stevenson Street, Buffalo, NY 14220 Anthony K. Ando, 256 Cumberland Avenue, Bfl, NY 14220 Nora K. Barrett, 30 Ridgewood Road, Buffalo, N.Y. 14220 Kara D. Bennett, 375 Villa Avenue, Buffalo, N.Y. 14216 Robert M. Bennett, 375 Villa Avenue, Buffalo, N.Y. 14216 Michael J. Boryszak, 52 Whitehall Avenue, Bflo, NY 14220: Miguel A. Cardona, 29 Greenwood Place, Buffalo, N.Y. 14213 Laura Cavaretta, 88 Mariemont Avenue, Buffalo, N.Y. 14220 Mary Cavaretta, 88 Mariemont Avenue, Buffalo, N.Y. 14220 Mary K. Cleary, 62 Alsace Avenue, Buffalo, N.Y. 14220 Mary Cohill, 82 Oxford Avenue, Buffalo, N.Y. 14209 Tom Coleman, 319 Mills, Buffalo, N.Y. 14211 Marie L. Connors, 109 Whitehall Avenue, Buffalo, N.Y. 14220 Shannon C. Cox, 10I Minnesota Avenue, Buffalo, N.Y. 14214 Courtney L. Derner, 40 Sandrock Road, Buffalo, N.Y. 14207 Joseph L. Deskiewicz, 217 Weimar Street, Buffalo, N.Y. 14206 Natalie M. DiGiacomo, 925 Niagara, Buffalo, N.Y. 14213 Daniel J. Dipirro, 52 Taunton Place, Buffalo, N.Y. 14216 Andrew J. Domino, 260 Crestwood Ave., Buffalo, N.Y. 14216 Haven Dove-Hampton, 2 N. Parade Ave., Buffalo, N.Y. 14211 Jordache M. Duncan, 397 Monroe, Buffalo, N.Y. 14211 Matthew D. Easterling, 177 Reiman Street, Buffalo, N.Y. 14206 Francesca R. Falzone, 60 Manchester, Buffalo,N.Y. 14213 Robert J. Felschow, III, 241 O'Connell Ave., Buffalo, N.Y. 14210 Julia Finucane, 39 Lyndhurst Ave., Buffalo, N.Y. 14216 Sarah M. Fiorella, 530 Lafayette Ave., Buffalo, N.Y. 14222 Denise M. Gadley, 682 Humboldt Parkway, Buffalo, N.Y. 14208 Rebecca E. Garrett, 161 Clarence Ave.,Buffalo, N.Y. 14215 Joshua W. Gavazzo, 201 West Ferry St., Buffalo, N.Y. 14213 Donald F. Geary, 122 Geary St., Buffalo, N.Y. 14210 Scott Giovino, 363 Sanders Road, Buffalo, N.Y. 14216 Lairon Graham, 70 W. Parade Ave., Buffalo, N. Y. 14208 Matthew R. Handzlik, 99 Krakow St., Buffalo, N.Y. 14206 Tahirah A. Harbin, 411 Emslie Street, Buffalo, N.Y. 14206 Elizabeth S. Hayes, 34 Milford Street, Buffalo, N.Y. 14220 Tor Harbin, 411 Emslie Street, Buffalo, N.Y. 14206 Kelly A. Herlan, 251 Columbus Avenue, Buffalo, N.Y. 14220 Samuel A. Herrera, 113 Frontenac Ave., Buffalo, N.Y. 14216 Tiana M. Holloman, 115 Poultney Avenue, Buffalo, N.Y. 14215 Elizabeth M. Horrigan, 69 Highview Terrace, Buffalo, N.Y. 14220 Michael S. Inglut, 162 Cushing Place, Buffalo, N.Y. 14220 Maria Intorre, 941 West Ave.,Buffalo, N.Y. 14213 Michael Keegan, 15 Wingate Ave., Buffalo, N.Y. 14216 Nicolette F. Koteras, 175 Harding Rd., Buffalo, N.Y. 14220 Colby Krug, 92 Shenandoah Rd., Buffalo, N.Y. 14220 Desmond Laws, 196 Wallace Ave., Buffalo, N.Y. 14216 Jessalyn Lenczyk, 129 Walter St., Buffalo, N.Y. 14210 Appointment effective July 6, 1998 in the Department of Mayor's Office, Mayor's Summer Youth & Intern Program, to the position of Intern IV, Seasonal, Non-Competitive, at the flat starting salary of $6.00/hr. Terence Keane, 97 Turner Ave., Buffalo, N.Y. 14220 NO. 83 NOTICES OF APPOINTMENTS - SEASONAL/FLAT Page 52 98-0707.TXT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective 6/22/98 in the Department of Stadium and Auditorium, Division of North AmeriCare Park, to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92/hr. Willie Anderson, 115 Shumway Street, Buffalo, 14206 Appointment Effective 6/25/98 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/hr. Christopher Giambra, 1530 Hertel Avenue, Buffalo, 14216 Appointment Effective July 3, 1998 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/hr. William Coke, 18 Gibson Street, Buffalo, NY 14206 Willis Jones, Jr., 397 Pratt, Buffalo, NY 14204 DEPARTMENT OF PUBLIC WORKS Appointment Effective June 29, 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/hr. Jennifer Dombrowski, 475 Fillmore Avenue, Buffalo, 14206 Appointment Effective June 22, 1998 in the Department of Public Works Division of Water to the Position of Clerk, Temporary, at the Flat Starting Salary of $5.20/hr. Jobie Davis, 6 Donovan, Apt. D, Buffalo, NY DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment effective 6/22/98 in the Department of Administration and Finance, Division of Treasury, to the position of Parking Meter Coin Collector, Seasonal, Non- Competitive, at the flat starting salary of $9.00/hr. Robert Peter Herrera, 113 Frontenac, Buffalo, NY 14216 DEPARTMENT OF STREET SANITATION Appointment effective 6/22/98 in the Departrment of Street Sanitation, to the position of Seasonal Laborer II, at the starting salary of $6.92/hr. Phillip Anderson, 135 Shumway Street, Buffalo, N.Y. 14206 Salvatore LoDestro, 21 Rosedale St., Buffalo, NY 14207 Jeffrey Mathewson, 454 Breckenridge, Buffalo, NY 14213 Darryl Oliver, 673 Fulton Street, Buffalo, New York 14210 Donald Pieczynski, 17 Krakow Street, Buffalo, NY 14206 Dennis Vitale, 143 Saranac Avenue, Buffalo, NY 14216 Appointment effective 6/29/98 in the Department of Street Sanitation, to the position of Seasonal Laborer II, at the starting salary of $6.92/hr. Paul A. Ventola, 1012 West Avenue, Buffalo, N.Y. 14213 DEPARTMENT OF GENERAL SERVCES Appointment Effective June 22,1998 in the Department of' General Services, Division of' Inventory & Stores, to the Position of' Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.92/hr. Kobie D. Barber, 150 Forest Ave, Buffalo, New York 14215 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment effective 6/22/98 in the Department of Human Services, Parks and Recreation, Division of Parks, to the position of Lifeguard, Seasonal, Non-competitive, at the flat starting salary of $5.20/hr. Page 53 98-0707.TXT Christopher Smith, 239 Wallace, Buffalo, NY 14216 Jim Wilkinson, 83 Philadelphia, Buffalo 14207 Brandon Banas, 228 Esser, Buffalo 14207 Gary Augustiniak, 302 Kensington, Buffalo 14214 Rachael Bukowski, 55 Morgan Road, Buffalo 14220 Donald Draine, 31 Woeppel, Buffalo 14211 Gregroy Dickman, 48 Alsace, Buffalo 14220 Jamie Garcia, 442 Woodward, Buffalo 14215 Katherine Healy, 316 Eden, Buffalo 14220 Joshua McMahon, 81 Briggs, Buffalo 14207 Appointment effective July 1,1998 in the Department of Human Services, Parks and Recreation, Division of Parks, to the position of Lifeguard, Seasonal, Non-Competitive, at the flat starting salary of $5.20/hr. Christine Zwawa, 239 Cable Street, Buffalo 14206 Abels Dierdre, 42 Lancaster, Buffalo 14222 Victor Alexander, 1216 Sycamore, Buffalo 14211 Nicholas Bertini, 38 Hubbell, Buffalo 14220 Amber Berry, 136 Mercer, Buffalo 14214 Aaron Borczynski, 33 Gatchel, Buffalo 14212 Crystal Boyer, 435 East, Buffalo 14207 Elizabeth Butera, 40 Boyd, Buffalo 14213 Michael Cotter, 66 Admiral, Buffalo 14216 Magdalia Crespo, 379 Military, Buffalo 14207 Kyfla Cylar, 50 Schrek, Buffalo 14215 Kristy Ernest, 55 Ritt, Buffalo 14216 Anthony Figueroa, 24 Covington, Buffalo 14216 Natasha Fuentes, 40 Lowell, Buffalo 14213 Dracey Gates, 676 Riley, Buffalo 14211 Lannette Garcia, 442 Woodward, Buffalo 14214 Janet Lane, 30 Knoerl, Buffalo 14210 Melissa Mule, 47 Marine Drive, Buffalo 14204 Jeffrey Salvo, 98 South Pontiac, Buffalo 14206 Tami Sandberg, 31 Taft, Buffalo 14214 Jesssica Schick, 618 Richmond, Buffalo 14222 Jacqueline Schollard, 36 Alsace, Buffalo 14220 Nocole Schollard, 36 Alsace, Buffalo 14220 Irving Scrievens, 134 Kehr, Buffalo 14211 Terrance Simmons, 50 Elmer, Buffalo 14215 Rachel VanAlstine, 371 Villa, Buffalo 14216 Misty Wittek, 146 Central, Buffalo 14206 Kevin Young, 59 Weber, Buffalo 14215 Jamie Ziolkowski, 287 Choate, :Buffalo 14220 Amand Smith, 239 Wallace, Buffalo 14216 Nicholas Wager, 412 Schiller, Buffalo 14212 Karolina Bazylewicz, 488 Libson, Buffalo 14215 David Borne, 332 Tonawanda, Buffalo 14207 Carl Burdick, 60 Columbus, Buffalo 14220 Justin Fudella, 77 Beatrice, Bufalo 14207 Jeffrey Logal, 55 Virgil, Buffalo 14216 Robin Pastva, 140 7th Street, Buffalo 14201 Cordell Roulhac, 405 Jersey, Buffalo 14213 Donald Wood, 174 Taunton, Buffalo 14216 Eric Cichowski, 10 Gorski, Buffalo 14206 Adam Cunningham, 316 Whitfield, Buffalo 14220 Darnell Boswell, 277 Schuele St., Buffalo 14215 Aaron Cushing, 58 Leonard, Buffalo 14215 Timoth O'Connor, 190 Cumberland, Buffalo 14220 Melissa Shaver, 1051 Tonawanda, Buffalo 14207 James Wojcik Jr., 152 East, Buffalo 14207 Appointment effective July 1, 1998 in the Department of Human Services, Parks and Recreation, Division of Recreation, to the position of Supervising Lifeguard, Temporary, at the flat Page 54 98-0707.TXT starting salary of $5.98/hr. Dorrell Benton, 254 Orange, Buffalo 14204 Amy DiGaudio, 164 Huntington, Buffalo 14214 Kelly Gallivan, 109 Gorton, Buffalo 14207 Jamal Harris, 482 Norfolk, Buffalo 14215 Colleen Lalley, 21 Edgewood, Buffalo 14220 Lydell Lipcomb, 50 Fosdick, Buffalo 14204 Shannon O'Connor, 1432 Bailey, Buffalo 14206 Jessica Jayes, 50 Culver, Buffalo 14220 Danielle Stelle, 24 Eden, Buffalo 14220 Appointment effective June 22, 1998 in the Department of Human Services, Parks and Recreation, Division of Recreation, to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $6.92/hr. Stephen Radominski, 133 Weimar, Buffalo 14206 Appointment effective July 2, 1998 in the Department of Human Services, Parks and Recreation, Division of Recreation, to the position of Lifeguard, Seasonal, Non-Competitive, at the flat starting salary of $5.20/hr. Jason Adolph, 1937 Hertel, Buffalo 14214 Steve Becker, 90 Warren, Buffalo 14212 Grace Golodolinski, 116 St Joseph, Buffalo 14211 Maria Mates, 113 Argus, Buffalo 14207 Kevin Tate, 49 Beverly Road, Buffalo 14208 Appointment Effective July 1, 1998 in the Department of Human Services, Parks and Recreation, Division of Recreation, to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $6.92/hr. John Fracos, 21 Peoria, Buffalo 14207 Vincent McCarthy, 274 Hartwell, Buffalo 14216 Appointment Effective July 1, 1998 in the Department of Human Services, Parks and Recreation, Division of Recreation, to the position of Fee Collector, Seasonal, at the flat starting salary of $5.15/hr. Sue Cannan, 178 Fenton, Buffalo 14206 Cheryl Murphy, 21 Turner, Buffalo 14220 Kathleen Wachowicz, 81 Barnard, Buffalo 14206 Appointment Effective July 1, 1998 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Community Field Worker (Monitor), Temporary, at the Flat Starting Salary of $ 6.55 Hr. James Becker, 115 Arbour Lane, Buffalo, 14220 Appointment Effective June 15, 1998 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Youth Counselor, Provisional, at the Minimum Starting Salary of: $ 30,908 Kenneth N. Robinson, 219 Hickory Street, Buffalo, 14204 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. Appointment Effective July 1, 1998 in the Department of Administration & Finance Division of Administrative Adjudication to the Position of Laborer II Permanent Appointment at the Minimum Starting Salary of $10.45/hr. Margaret M. Otto 328 Southside Buffalo, New York 14220 Page 55 98-0707.TXT NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 85 ADELPHIA EXTEND PERIOD FOR REVIEW OF TRANSFER APPLICATION Please accept this letter as confirmation that Adelphia has agreed to the City of Buffalo's request of an extension of the 120-day period for the review of the transfer application. The case number is- 98-V-0219-Joint petition. of Adelpia, Communications Corporation, TCI of New York Inc, and Parnassos, L.P. for approval pursuant to Section 222 of the Public Service Low and Section 617 of the Communications Act. This extension will not exceed 30 days. It is our understanding that TCI of New York Inc- has also agreed to an extension not to exceed, 30 days. If you have any questions, please contact me at 559-9036. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 86 S. BARANYI REZONE 461-491 ONTARIO ST. (NO. 135, C.C.P., 3/18/97) Attached is a receipt from the Erie County Clerk's Office for the filing of the above item. RECEIVED AND FILED NO. 87 BUFFALO CHARTER REVISION COMMITTEE MEETING MINUTES-6/25/98 & 7/2/98 Attached please find minutes of the Buffalo Charter Revision Committee. The copies may be reviewed in the City Clerk's Office, 1308 City Hall. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 88 FRIENDS TO THE ELDERLY CENTER RENOVATIONS; KULBACK'S CONSTRUCTION, INC. AS A NON- RESPONSIBLE BIDDER We are counsel to the Buffalo Building and Construction Trades Council, AFL-CIO ("BBT"). This letter is in response to the submission of a bid by Kulback's Construction, Inc. ("Kulbacks") to perform a major public works project for the City of Buffalo, to wit, renovations to Friends to the Elderly Center. As both taxpayers and Union workers, the thirteen thousand (13,000) members of the BBT have an obvious and significant interest in seeing to it that public works contracts are let only to responsible bidders in accordance with General Municipal Law Section 013 As more fully described below, we believe Kulbacks, should be deemed a non-responsible bidder, in light of its poor labor relations practices, the securities fraud proceedings now pending against two (2) of the firm's principals, and the quality of its work. KULBACKS'WORK QUALITY It is clear that a "responsible" bidder is one that possesses, inter-alia, sufficient skill, judgment, accountability and reliability to perform the project. Application of Caristo Construction Corp., 221 N.Y.S. 2d 956, rev'd other grounds, 221 N.Y.S. 2d 817 (1961); In re: Kaelber, Page 56 98-0707.TXT 120 N.Y.S. 2d 566, affd 305 N.Y.S. 2d 858 (1953); W.J. Gaskell. Inc. v. Maslanka, 225 N.Y.S. 2d 94 (1962). It is equally well established that the burden is upon the contractor to prove its responsibility. W.J. Gaskell. Inc., supra.; Meyer v. Board of Education, 221 N.Y.S. 2d General Municipal Law Section 103(1) provides in relevant part "...all contracts for public work involving an expenditure of more than five thousand dollars ... shall be awarded by the appropriate officer, board or agency of a political submission or any district therein ... to the lowest responsible bidder. (Emphasis added). 500 (1961). Finally, where there is some reasonable, rational, common sense basis for a letting body's decision to reject a bidder, the courts are loath to substitute their own judgment. Gottfried Baking Co., N.Y.S. 2d 833 (1964); Picone v. City of New York, 29 N.Y.S. 2d 539 (1941); Kings Bay Buses, Inc. v. Aiello, 418 N.Y.S. 2d 284 (1979). Given this case law, the City of Buffalo would be acting well within its scope of discretion in rejecting the firm's bid. Attached hereto is a copy of a letter sent by longtime Kulbacks customer, Walgreens Pharmacy. We don't have specific details on the reasons why "Walgreens has been unhappy with the performance of Kulback's Construction" but would urge that you contact Mr. Henry directly to ascertain same. The recent project at McCarthy Ford (tel: 652-2500) was also very poorly run. A former Superintendent for Kulbacks, has told me that the job started three (3) months late. During construction, a wall constructed by Kulbacks' masonry contractor collapsed. One worker, Chris Fahey, was incapacitated and severely injured when a cinder block fell on his head. Orders for steel were repeatedly botched, resulting in the delivery to the jobsite of the wrong product. Finally, communications between Brian Kulbacki and Tony McCarthy were less than stellar. In short, the job was marked by disorganization and repeated, avoidable mishaps. Third, Kulbacks just completed work on a new Sleep Inn Motel on Holtz Road in Cheektowaga. This project was also weeks behind schedule. The fact that Kulbacks was behind schedule on existing work may not bode well for the timely completion of your construction project. Finally we note, parenthetically, that Auto Zone, a reputable national chain selling discount auto parts, made the mistake of utilizing Kulbacks to build a number of stores in the Buffalo area. But no more. Auto Zone has informed the undersigned that Kulbacks, is no longer eligible to perform Auto Zone work. While Auto Zone's refusal to utilize Kulbacks, is not related to the firm's work quality but rather to the pressures of a Building Trades leafletting campaign, it remains that another Kulback former customer will not be a future customer. ATTORNEY GENERAL VACCO'S ALLEGATIONS OF SECURITIES FRAUD BY THEODORE AND DAVID KULBACKI Kulbacks' principals Theodore Kulbacki and David Kulbacki were recently accused by New York State Attorney General Dennis Vacco of fraud in the offer and sale of real estate securities. The civil action, captioned State of New York vs. Galleria Village Condominiums, Inc., et al. (Index No. I 1996 003596), alleges that the Kulbackis engaged in "a fraudulent practice in the carrying on, conducting and transaction of business in violation of [law]" and, it seeks a permanent injunction banning "the defendants from engaging in any business or activity relating to the advertisement, offer or sale Page 57 98-0707.TXT of real estate securities." Theodore and David Kulbacki are certainly entitled to put the Attorney General to his proofs. Nevertheless, allegations of fraud made by the Attorney General are a serious matter and should not be ignored during your deliberations. ILLEGAL ASBESTOS HANDLING During November 1997, Kulbacks was caught illegally disturbing asbestos in the former patient rooms on the intensive care floor of Our Lady of Victory Hospital. On November 20, 1997, Kulbacks was cited for serious violations regarding the safe handling of asbestos by an inspector from the Safety and Health Division of the New York State Department of Labor. KULBACKS TREATMENT OF EMPLOYEES In March of 1993, former Governor Cuomo issued Executive Order No. 170 which requires a public body to consider a firm's labor relations practices when passing upon that firm's responsibility as a bidder. (The Executive Order remains in effect today.) In addition, it is well established in the case law that a "responsible" bidder is one who possesses not only sufficient resources to perform a job, but also integrity and moral worth. Kayfield Construction Corip. v. Morris, 225 N.Y.S. 2d 507 (1962); & placation of Caristo Construction Corp., 221 N.Y.S. 2d 956 rev'd other grounds, 221 N.Y.S. 2d 817 (1961); 15 Op. State Comp. 252 (1959). Kulbacks is a non-union company and has been so throughout its thirty-five (35) year history. While standing alone that fact may be of no consequence to you - a non-union contractor who implements progressive labor practices could surely be deemed "responsible" - here, Kulbacks' miserable track record sets it apart from even its non-union colleagues. The president of Kulbacks, Theodore Kulbacki's, principal residence is situated in an exclusive section of Clarence, New York. He also owns a waterfront summer home at Crystal Beach, Ontario and is building a third, palatial house also right on the water at Crystal Beach. His son, David, another Kulbacks principal, owns a $425,000 home in Lancaster, New York. Both Theodore and David belong to the Fox Valley Country Club. To put it charitably, both men and their families live at a comfort level unimaginable and as a practical matter, wholly unattainable, to working people and their families. Do not assume the Kulbackis realized their wealth only after insuring the welfare and human dignity of their employees. In fact, Kulbacks craft employees often earn between nine (9) - twelve (12) dollars per hour (which is approximately forty percent (40%) less than the wages earned by union construction workers), with little or no employer paid health or pension coverage. Forget country clubs and beachfront homes: Kulbacks employees all too often can't afford to retire or get sick, despite the fact they are working full time and then some. To put the picture in focus, the Kulbackis place more importance on paying greens fees than on guaranteeing health and retirement benefits for many of their hardworking employees. To purchase waterfront, palatial homes and private golf club memberships, at the expense of decent wages, comprehensive health care coverage, pensions, etc. for employees is immoral, irresponsible and "a clear threat to family life." (Lee, U.S. Catholic Bishops, 1996 Labor Day Statement "Work and Family: Old Values, New Challenges"). CONCLUSION Our communities are only as strong as the working families Page 58 98-0707.TXT who live in them. And, it is our position that contractors such as Kulbacks represent a dire threat to this area's wage and benefits structure and, in other ways behave in a fashion inimical to the public interests fostered by General Municipal Law Section 103. Accordingly, we urge that you do not award the instant contract to Kulbacks on the basis the firm is not a responsible bidder and further, that an award to that contractor is not in the public interest. RECEIVES AND FILED NO. 89 B GRAY PARCEL OF LAND LOCATED ON MOSELLE STREET BETWEEN E. DELAVAN AND NORTHLAND AVE. TO BE HOMESTEAD BY THE NEIGHBORHOOD. I am writing in support of the parcel of land mentioned in the attached letter from Mr. Alphonzo G. Fowlkes Jr. to be used solely as described in the correspondence. Please file this request to come before the necessary committee. Thanks you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT , COMPTROLLER, AND CORPORATION COUNSEL. NO. 90 B. GRAY 276 MASTEN-BREACH OF CONTRACT Thank you for writing. I am filing your correspondence with the City Clerk's office allowing you to come before the Common Council to present Mrs. Moore's case and assist in any way I can. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT , COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 91 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: This bridge is located on the eastbound ramp from Route 198 (Scajaquada Expressway) to the eastbound Route 33 (Kensington Expressway) in the City of Buffalo, Erie County. Also, a truck detour using Route 198, Route 33, Goodell Street, North Oak Street and Tupper Street which is being reconstructed under Contract No. D257648 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on August 31, 1998. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and/or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, Page 59 98-0707.TXT equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Dated: June 26, 1998 RECEIVED AND FILED NO. 92 C.COPPOLA NIMO MANAGEMENT PRACTICES Thank you for your June 12, 1998 letter regarding Niagara Mohawk Power Corporation's management practices. After staff completes its review of this matter, Chairman Helmer will reply to you directly. RECEIVED AND FILED NO. 93 QUESTION-LACK OF TAX REVENUE FROM NOT TICKETING PEOPLE WHO THROW OUT TRASH EARLY Both my Mom and I have lived in Buffalo all our lives by choice, since Griffin let office however, no one gets written up for properties or garbage being set out early., or in an improper manner. Or building sheds and items 'vinyl siding) not according to code, without permits. This protects people who have the income for recreation, but choose to use their house as a stepping stone to the suburbs.,. and not but crap into maintenance. It protects revenues for ghetto landlords. Just remember, this hurts the lifetime Buffalo resident, who cannot put money into their homes because of return investment. I know, I spent $44,000 in the last few years and cannot sell at $62,900, due to the neighbors run down properties, or garbage out on Sunday mornings ... thrown at the curb. I have tried for months to get an inspector to write people up, it does not seem important, maybe because the Mayor designated Easter Sunday as general pick-up day, setting en example of his opinion of South Buffalo residents... which, incidentally, inspired me to leave Buffalo, and Erie County. I will live in Westfield, a clean community... and drive daily here to work. It should frighten you to drive up Zittel, a short street, and see the multitude of houses up for sale (and those that are putting their houses up before fall'..as they are all moving to get out of the city before it falls. The mayor needs to do this. These short term home owners (few years) fix up the surface and move to the suburbs, the last man buying these houses, goes bankrupt with major repairs, and the neighborhood becomes a ghetto. I saw this happen 3 times in my life in Buffalo, and will not invest more cash here. Why isn't a seller forced to disclose the amount of owners the house has had in the last 10-15 years? Or for that matter, the amount of renters an apartment has had in the last three years") Why isn't a permit check done at the time of sale for added items like sheds? Wouldn't this put an end to it? The ticketing is revenue to the city, they are too lazy to collect, it is easier to tax residents. Page 60 98-0707.TXT RECEIVED AND FILED NO. 94 SOUTH BUFFALO COMMUNITY ASSOCIATION CAZENOVIA/ TIMOTHY BURVID ICE RINK LEASE PROPOSAL Attached for your information and appropriate action is the proposed lease between the City of Buffalo and South Buffalo Community Association. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. NO. 95 C. STRZALKOWSKI KEEP THE BUFFALO ZOO AT THE PARKSIDE SITE IN BUFFALO When I came to Buffalo in 1948, I knew this was a great city. Slowly, the beautiful auras of the city were disappearing. I remember swimming and ice skating at Humboldt Park. As a school child, I remember going every Monday afternoon to the Museum of Science to learn new things and it was FREE. I remember on Sunday afternoons and summer vacations walking to the Buffalo Zoo and being admitted for free. I remember Humboldt Park-way that took by breath away at the beauty of all the trees. But in the name of progress, the trees were tom down and an ugly, hot speedway was constructed. The buses have become billboards. The vacant stores are billboards for election candidate that promise to clean up the city but do not The street cleaners are gone. The garbage issues are trash to distract from the main issue of cleaning up the streets of drugs and criminals. The fire commissioner wants to raise our auto insurance through a surcharge to save us (which should be addressed to the lawmakers, you, to find a solution). There is not much beauty to be seen in Buffalo. We have serious financial problems. After a Iong, hard day at work, I look forward to taking a walk around Delaware Park. I enjoy the 5 minute stop at the Bison area of the zoo, the peak through the fencing at the happy families strolling through the zoo, the sounds of the animals. and the smell of the hot dogs and hamburgers on the grill. Every year I visit the zoo because it is within walking distance. I am not a sport fanatic because I cannot afford most of the pricing for a family to attend. While in New York City, I always enjoy walking through Central Park ... an oasis in a city of frantic, hurried city dwellers. The park is absolutely beautiful. New York City has a zoo in the Bronx that is over 100 years old and it is also beautiful. PLEASE DO NOT MOVE THE ZOO FROM THE NORTH BUFFALO AREA. EXPAND THE ZOO IF THAT IS WHAT IT TAKES IN THE PRESENT SITE. I HAVE HAD TOO MANY GOLF BALLS HIT ME WHEN I WALK ANYWAY MOVE THE GOLF COURSE. $139 MILLION IS A LOT OF MONEY TO HAVE MOST OF IT USED FOR FEASIBILITY STUDIES AND BOARDS, KEEP THE ZOO IN NORTH BUFFALO. IMPROVE THE ZOO IN NORTH BUFFALO. MOVE THE GOLF COURSE. I KNOW THE GOLFERS WOULD LIKE TO MOVE SINCE THEY FEEL THEY ARE TOO CROWDED AT THE PARK DON'T MAKE THE SAME MISTAKE THAT WAS MADE BEFORE WITH THE HUMBOLDT EXPRESSWAY AND TAKE AWAY ANOTHER BEAUTY SPOT IN BUFFALO I agree that improvements should be made but not a move of the zoo. Thank you for your time to read this letter. REFERRED TO THE SPECIAL COMMITTEE ON Page 61 98-0707.TXT TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS NO. 96 TCI TELEPHONE NUMBER LISTED ON BILL Our last set of bills did list the telephone number of a private residence. This set of bills was mailed to approximately 22,000 customers. Our billing service vendor erroneously listed the number as 852-8900; the correct number is 853-8900. To date, we have pursued the following corrective action: We have had our billing service mail out a correction card to the affected 22,000 customers. We have placed a notice on our Community Billboard advertising the correct number to contact TCI. ù We have notified our billing service to respond to the customer. We have contacted the customer whose number is on our bill directly to offer options and remedies. The customer whose telephone number is on the bill is working with us to help remedy the matter. We are open to any suggestions the customer may and have offered the following compensation package for the inconvenience this has caused: 1.Free Basic and Expanded service for I year 2.Free HBO, Starz and Encore for I year 3.Free upgrade and downgrade (if necessary) of the premium services in item 2. If you need additional information, please call either of us at 843-8040 or 843-8030 and we would be happy to discuss this in greater detail with you. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNCTIONS AND OFFICE OF TEI- ECOMMUNICATIONS. NO. 97 TRANSFER OF CABLE TELEVISION FRANCHISE FROM TCI OF NEW YORK, INC., TO PARNASSOS, L.P. As requested by the City of Buffalo ("City"), TCl of New York, Inc. (TCI) agrees to extend. by a maximum of 30 days from the date of this letter, the 120 day time period in which the City must act upon the above referenced matter. All parties acknowledge that the granting of this extension does not waive any of the parties' rights under the, applicable federal regulations that govern the transfer of franchises. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 98 TCI/ADELPHIA TRANSACTION Today, via facsimile, we received your letter dated June 26, 1998. It appears that the mailing address used by your office for TCI is Warren, NY. The TCI Atlantic Division offices are located in Warren, NJ. This may be the reason for the delay in the receipt of your correspondence. TCI and Adelphia agree with the City of Buffalo ("City"), that regardless of the 30 day extension, all parties must still proceed quickly in order to meet that deadline. Adelphia is anxious to take over the day to day operations of the Buffalo cable system in order to move forward with the planned upgrade of the system. We have placed several calls to your office to speak with you regarding the TCI/AT&T announcement made last week. We hope that you found the press release that was faxed to your Page 62 98-0707.TXT office helpful in providing you with some additional details. The joint venture between TO and Adelphia ("Parnassos, L.P.") that was previously announced, will continue to move forward as scheduled. We will seek additional consent for the AT&T transaction from the City of Buffalo, if such consent is required. Your letter states that you are awaiting a response to your letter dated June, 16, 1998. We believe that you actually are referring to your letter dated June 17, 1998 which responded to our letter of June 16, 1998. In TCI and Adelphia's June 16, 1999 letter, we set forth what we believed to be a fair and reasonable proposal for the City. The City's June l7th response indicated that our June 16th proposal was "far short" of what the City could accept. We believe that our offer is very much in line with the nine considerations first identified in the City's April 20, 1998 letter, and thus stand by.our last proposal. After receiving the City's June l7th letter, TO and Adelphia submitted a letter to the City dated June 18, 1998. In our June I gth letter, not only did we request approval of the pending transaction, we also reiterated our commitment to the items of consideration set forth in our June l6th letter along with further commitments such as Adelphia's willingness to post a construction bond for the duration of the system upgrade construction. Additionally, we restated that TCI would not pursue the payment of any money due from BCTV, the City's third-party public access administrator. Your June l7th letter also inquired as to certain "technical issues". Specifically, the City set forth general concerns regarding the Showcase School project and the I-Net. Art Nephew, Acting Co-General Manager of the system, is prepared to provide you with a detailed summary of both of these projects at the July 2, 1998 meeting. With respect to your concerns on the NY State audit of the Buffalo system, TO stands by its previous commitment to work with the State on resolving any outstanding issues. As you know, TCI'S local, regional and division Business Operations staff have been working with the State and will continue to do so until all items are resolved. If you would like to discuss any issues in further detail, please contact either of us at our respective offices. Thank you for your time and attention to this matter. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 99 VICTUR TEMPLE CH.-USE AGREE. COMM. OUTAGE PRUG. CCP#12-6/23/98 I am writing to request usage of the lot at 852 East Delavan, between Wyoming and Moselle Streets. Our church is planning a community outreach project Community Uplift Project that will include a Vacation Bible School, Choral Training, Counseling, Clothing and Can Food Giveaways, and nightly services. We were pleased to be able to do this type of project in 1996 at the comer of Jefferson and Landon with great success, and were received well by the community. David Sengbush helped us to secure the $1 dollar lease agreement and we certainly would appreciate the same agreement from you. As before, we will provide all necessary insurance to cover our project and will also abide by any and all city codes and ordinances for the duration of the project. We are requesting usage of the lot from July 5th,1998 until September 3, 1998. The program will commence at 9:00am. to 9:45pm Page 63 98-0707.TXT daily. There will be a trailer on site that will house the tentmaster through the night. Security will be on site for evening events. We certainly do thank you for your consideration of this request and do look forward to working with you to better our city. REFERRED TO THE COMMITTEE ON FINANCE AND COMPTROLLER. NO. 100 JUNE 30, 1998 CORRUPTION OF BMHA PUBLIC HOUSING OFFICERS IN PERRY HOUSING UNITS. ITEM# 94 CCP 06-23-98 Attached are letters regarding BMHA Public Housing Officers REFERRED TO THE COMMITTEE ON LEGISLATION NO. 101 SCHULTZ & WILLIAMS, INC. BUFFALO ZOO-FEASIBILITY STUDY & RELOCATION PLAN Attached please find a Buffalo Zoo Feasibility Study and Relocation Plan prepared by Schultz & Williams, Inc. The Document is available for review in the City Clerk's Office, 1308 City Hall. REFERRED TO THE COMMITTEE ON FINANCE. PETITIONS NO. 102 PARKSIDE PHARMACY, INC.., OWNER, PETITION TO USE 252 GIBSON FOR A POLE SIGN. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 103 ST. AUGUSTINES DEVELOPMENT, OWNER, PETITION TO USE 77 RICKERT FOR A RESIDENCE FOR RUNAWAY YOUTHS. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 104 TOO TASTE, LLC, OWNER, PETITION TO USE 718 ELMWOOD FOR A RESTAURANT. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 105 B. FLOYD & 0 - PROBLEMS WITH NATIONAL BUS CO. ON FEDERAL AVENUE. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE AND NATIONAL BUS COMPANY. REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) Page 64 98-0707.TXT NO. 106 REQUEST POSTPONEMENT OF DETECTIVES EXAM (CSQ) (ITEM# 88 C.C.P.MAY 26, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 107 APPOINTMENT SENIOR AUDITOR That Communication 18, June 23, 1998 be received and filed and the Provisional appointment of Nancy Hammond, above at the Intermediate salary $34,047.00 effective on June II, 1998 is hereby approved. PASSED AYES- 13 NOES- 0 NO. 108 APPOINTMENT JUNIOR ENGINEER That Communication 40, June 23, 1998 be received and filed and the Permanent appointment of Steven J. Stepniak, above at the Intermediate salary $33,717.00 effective on May 22,1998 is hereby approved. PASSED AYES- 13 NOES- 0 NO. 109 APPOINTMENT WATER METER MECHANIC That Communication 41, June 23, 1998 be received and filed and the Permanent appointment of Brian N. Peterson, above at the Intermediate salary $24,322.00 effective on June 23,1998 is hereby approved. PASSED AYES- 13 NOES- 0 NO. 110 APPOINTMENT WATER METER MECHANIC That Communication 42, June 23, 1998 be received and filed and the Permanent appointment of Kenneth J. Rucinski, above at the Intermediate salary $25,728.00 effective on June 8,1998 is hereby approved. PASSED AYES- 13 NOES- 0 NO. 111 APPOINTMENT BUILDING INSPECTOR That Communication 68, June 23, 1998 be received and filed and the Provisional appointment of Steven L. Pieri, above at the Intermediate salary $37,373.00 effective on June 15, 1998 is hereby approved. PASSED AYES- 13 NOES- 0 NO. 112 APPOINTMENT TELLER That Communication 72, June 23, 1998 be received and filed and the Temporary appointment of Carmen Degener, above at the Fourth Step salary $26,364.00 effective on June 23,1998 is Page 65 98-0707.TXT hereby approved. PASSED AYES- 13 NOES- 0 NO. 113 NOTICES OF APPTS-TEMP./PROV./PERM. (CC) (ITEM# 84 C.C.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 114 AMEND SALARY ORDINANCES (ITEM NO. 210, C.C.P., JUNE 23, 1998) That the Budget Director prepare Amended Salary Ordinances to reflect the changes as contained in Item No. 210, C.C.P., June 23, 1998. PASSED AYES- 13 NOES- 0 FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 115 REPORT OF AUCTION - 485 MICHIGAN (FORMER PRECINCT #4) (ITEM NO. 12, C.C.P., MAY 12, 1998) That the offer from Mr. Richard Dunn, 701 Seneca Street, in the sum of Twenty-Two Thousand Dollars ($22,000.00 ) to purchase the property described as 485 Michigan Avenue (Former Precinct #4), be and hereby is accepted; and That the transfer tax, recording fees, cost of legal description and a ten percent (10%) buyer's premium for auctioneer's fees shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES- 13 NOES- 0 NO. 116 REPORT OF AUCTION - 1615 MAIN STREET (ITEM NO. 61, C.C.P., APR. 14, 1998) (ITEM NO. 139, , APR. 28, 1998) (ITEM NO. 112, C.C.P., MAY 12, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 117 REPORT OF AUCTION - 1254 EAST FERRY STREET (ITEM NO. 58, C.C.P., APR. 14, 1998) (ITEM NO. 113, C.C.P., MAY 12, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 118 RESULTS OF NEGOTIATIONS - 1590 FILLMORE Page 66 98-0707.TXT (ITEM NO. 62, C.C.P., APR. 28, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 119 RESULTS OF NEGOTIATIONS - 1471 JEFFERSON AVENUE (ITEM NO. 52, C.C.P., MAY 12, 1998) That the offer from Mr. Herbert Bellamy, Sr., representing 1490 Enterprises, Inc., in the sum of Nine Hundred Dollars ($900.00) for the sale of 1471 Jefferson Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 120 RESULTS OF NEGOTIATIONS - 1482 JEFFERSON AVENUE (ITEM NO. 53, C.C.P., MAY 12, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 121 RESULTS OF NEGOTIATIONS - 25 1 NORTHAMPTON (ITEM NO. 67, C.C.P., MAY 26, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the offer from Ms. Eloise Tidwell, residing at 256 Northampton Street, in the sum of Five Hundred Dollars ($500.00) for the sale of 251 Northampton, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 122 RESULTS OF NEGOTIATIONS - 202 PEACH (ITEM NO. 68, C.C.P., MAY 26,1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: Page 67 98-0707.TXT That the offer from Attorney Sanford Silverberg, on behalf of New Zion Institutional Missionary Baptist Church, 318 High Street, in the sum of Nine Hundred and Twenty-Nine Dollars ($929.00) for the sale of 202 Peach, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 123 RESULTS OF NEGOTIATIONS - 69 WEST (ITEM NO. 57, C.C.P., JUNE 9, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Mr. Raul A. Hernandez, residing at 186 Whitney Place, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the sale of 69 West, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 124 RESULTS OF NEGOTIATIONS - 20 MONTANA (ITEM NO. 54, C.C.P., MAY 12, 1998) (ITEM NO. 108, C.C.P., JUNE 9, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Mr. Cecil M. Lewis Woods, residing at 16 Montana Street, in the sum of Five Hundred Dollars ($500.00) for the sale of 20 Montana, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 125 RESULTS OF NEGOTIATIONS - 22 DIGNITY CIRCLE & 413 EAST DELAVAN (ITEM NO. 61, C.C.P., APR. 28, 1998) (ITEM NO. 114, C.C.P., MAY 12, 1998) Page 68 98-0707.TXT (ITEM NO. 110, C.C.P., JUNE 9, 1998) That the offer from Attorney F. William Gray 111, on behalf of Ms. Constance B. Eve, Chairperson, Women for Human Rights and Dignity, Inc., 2278 Main Street, in the sum of Seven Hundred Dollars ($700.00) for the purchase of 22 Dignity Circle and Thirty Thousand and Five Hundred Dollars ($30,500) for the purchase of 413 East Delavan Avenue, be and hereby are accepted- and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the sale and transfer of title are contingent upon the purchasers receipt of federal funds for the purchase and development of the property. That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 126 RESULT OF NEGOTIATIONS - 215 GLENWOOD (ITEM NO. 59, C.C.P., JUNE 23, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Max & Natolie White, residing at 213 Glenwood, in the sum of One Thousand Three Hundred and Fifty Dollars ($1,350.00) for the sale of 215 Glenwood, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 127 RESULT OF NEGOTIATIONS - 526 MONROE (ITEM NO. 60, C.C.P., JUNE 23, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offers from Ms. Phyllis Wright, residing at 146 Hartford Street, Amherst, in the sum of Five Hundred Dollars ($500.00) for the sale of the northerly half of 526 Monroe Street; and Ms. Gloria D. Young, residing at 523 Monroe Street, in the sum of Five Hundred Dollars ($500.00) for the sale of the southerly half of 526 Monroe 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 Page 69 98-0707.TXT terms of sale upon which the offer was submitted. PASSED AYES- 13 NOES- 0 NO. 128 RESULT OF NEGOTIATIONS - 282 SHURNWAY (ITEM NO. 61, C.C.P., JUNE 23, 1998) That the offer from Mr. Billie F. Jones, residing at 404 Woodlawn Avenue, in the sum of Nine Hundred and Fifty Dollars ($950.00) for the sale of 282 Shurnway, be and hereby is 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. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 129 DELAVAN ARMORY (CC) (ITEM# 46 C.C.P.APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 130 AUTH. TRANS. DELAVAN ARMORY (ITEM NO. 173, C.C.P., MAY 26, 1998) This Common Council authorizes Corporation Counsel to accept title and file the deed thereby transferring ownership of the Delavan Armory, located at 1015 West Delavan Avenue, to the City of Buffalo. PASSED AYES- BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES- HELFER -1 NO. 131 AUTH. TRANSFER-DELAVAN ARMORY (PW) (ITEM# 39 C.C.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 132 PARKING METERS IN COUNCIL DIST. & REV. (A&F) (ITEM#67 C.C.P.MAY 12,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 133 PAUL BAPST REFUND BUILDING PERMIT - 357 BARAGA (ITEM NO. 80, C.C.P., MAY 12, 1998) That the Comptroller be, and he hereby is authorized to refund $797.50 building permit fee for 357 Baraga Street to Paul Bapst, 3312 Nash Road, Hamburg. Page 70 98-0707.TXT Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 134 B. BROWN-REQ. CITY INSTALL WATER FILTERS W/METERS (ITEM# 81 C.C.P., MAY 12,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 135 PAY PHONE APPS. - (15) PAY-TEL CORP. (PW) (ITEM NO. 42 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 above item be recommitted to the Committee on Finance. ADOPTED. NO. 136 73 ELMER AVENUE (BSA) (ITEM# 90 C.C.P., MAY 26, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 137 PURCHASE 378 NORMAL AVENUE - USE BY SCHOOL #77 (Item No. 69, C. C.P., June 9, 1998) That the Superintendent of Schools be, and he hereby is authorized to purchase 378 Normal Avenue for a potential playground adjacent to School #77 in the amount of $2,500 from A000-9950 account. PASSED AYES -13 NOES 0 NO. 138 REQ. PURCHASE-378 NORMAL FOR USE BY SCHOOL 477 (COMPT) (ITEM# 16 C.C.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 139 REQ.UPDATE ON INSTALLATION - OPEN IMAGE SYSTEM (ITEM# 170 C.C.P.JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 140 UPDATE-OPEN IMAGE SYSTEM (COMP) (ITEM# 17 C.C.P. JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 141 Page 71 98-0707.TXT AMEND LEASE - BUFFALO SOCIETY OF NATURAL SCIENCES - TIFFT NATURE PRESERVE (ITEM NO. 11, C. C.P., JUNE 23, 1998) That the Comptroller be, and he hereby is authorized to amend the lease between the City and the Buffalo Society of Natural Resources, for the operation of Tifft Nature Preserve, for a ten (10) year initial lease period with an option of extension for a second ten (10) year period subject to conditions. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to amend said lease and that the Mayor be authorized to execute the same. PASSED AYES- 13 NOES - 0 NO. 142 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be and the same hereby is received and filed. ADOPTED. NO. 143 CAPITAL DEBT SVS. FUND-DEPOSITS 98/99 (COMPT) (ITEM# 13 C.C.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 144 CONTRACT WITH CREDITORS INTERCHANGE INC. (ITEM NO. 15, C.C.P., JUNE 23, 1998) That the Comptroller be, and he hereby is authorized to enter into a contract between the City and Creditors Interchange, Inc., located at 50 James E. Casey Drive for collection of delinquent user fee accounts and miscellaneous accounts receivable. That the Mayor be authorized to execute the same. PASSED AYES - BROWN, GRAY, HELFER, KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA, ZUCHLEWSKI - 9 NOES - COPPOLA, FONTANA, PITTS, WILLIAMS - 4 NO. 145 BMHA LEASE AGREEMENT FOR 5 LEAD SAFE UNITS (ITEM NO. 51 C.C.P., JUNE 23, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the City of Buffalo be, and he hereby is authorized to enter into a lease agreement between the Buffalo Municipal Housing Authority 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. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 146 WAIVE GARBAGE/USER FEE FOR SOUTH BUFFALO COMMUNITY ASSOCIATION (ITEM NO. 204, C.C.P., JUNE 23, 1998) That this Common Council does, hereby authorize the Page 72 98-0707.TXT Corporation Counsel to amend the lease with the South Buffalo Community Association located at 2219 South Park Avenue to explicitly state that the City will be responsible for the garbage user fee for the property. PASSED AYES - 13 NOES - 0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 147 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING, USE PERMIT REQUIREMENT (ITEM NO. 211, C.C.P., JUNE 23, 1998) That the above item be, and the same hereby is, returned to the Common Council ,without recommendation. Mrs. LoTempio moved: That the Ordinance as contained in Item No. 211, C.C.P., June 23, 1998, be and the same hereby is approved. PASSED AYES - COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 11 NOES - BROWN, KAVANAUGH - 2 NO. 148 JAMES NEILSON, III, PETITION TO USE 795-797 ELMWOOD - ART GALLERY, ETC. (ITEM NO. 106, C.C.P., JUNE 23, 1998) That after a public hearing before the Committee on Legislation on June 30, 1998, the petition of James Neilson, III, owner, for permission to use 795-797 Elmwood Avenue for an Art Gallery with a beer and wine license be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 149 CHARLES DESTRO, PETITION TO USE 1200 HERTEL - TAKE-OUT RESTAURANT (ITEM NO. 107, C.C.P., JUNE 23, 1998) That after a public hearing before the Committee on Legislation on June 30, 1998, the petition of Charles Destro, owner, for permission to use 1200 Hertel Avenue for a take-out restaurant be, and hereby is approved with an outside patio subject to conditions as set by the Department of Public Works and the City Planning Board. PASSED AYES - 13 NOES - 0 NO. 150 CARMILE HAUN AND OTHERS, PETITION TO USE 951 BIDWELL - SIDEWALK CAFE (ITEM NO. 189, C.C.P., JUNE 9, 1998) (ITEM NO. 145, C.C.P., JUNE 23, 1998) 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 30, 1998, the petition of Carmile Haun and others, owners, for permission to use 951 Bidwell for a sidewalk cafe be, and hereby is approved subject to the following conditions: Page 73 98-0707.TXT 1.The cafe must be enclosed with a railing. 2.No music, shall be played outside. 3.The cafe must close by 11:00 p.m. PASSED. AYES - 13 NOES - 0 NO. 151 SET PUBLIC HEARING ON WATER METERING PROGRAM (ITEM NO. 166, 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, and the same hereby is, received and filed. ADOPTED. NO. 152 LAMAR ADVERTISING-USE 750 PERRY FOR BILLBOARD (HRG.4/21) (ITEM# 112 C.C.P.APRIL 14,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 153 SYSTEM FOR SALE - FORECLOSED PROPERTY (ITEM# 233 C.C.P.SEPTEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 154 INVITE AUTO MAKERS FORM CITY AUTO MALL - MAIN ST.. (ITEM# 228 C.C.P.FEBRUARY 17, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 155 B. BROWN-CONCEPT OF AUTO MALL (ITEM# 82 C.C.P.MAY 12,1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 156 REQUEST POLICY ON BUYING RECYCLED PRODUCTS FOR CITY USE (ITEM NO. 188, C.C.P., MAR. 31, 1998) That this Common Council requests the Commissioner of General Services to develop and file a proposed policy to encourage the purchase and use of recycled content materials by all City agencies. ADOPTED NO. 157 POLICY/BUYING RECYCLED PRODUCTS (ITEM# 84 C.C.P.APRIL 14,1998) That the above mentioned item be and the same is hereby received and filed Page 74 98-0707.TXT ADOPTED NO. 158 DISCH.COM.WHOLE-CAMPAIGN AG. RATS (#65,5/12) (ITEM# 174 C.C.P.JUNE 9, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 159 ASHLAND PEST CONTROL-RODENT MGMT. (ITEM# 86 C.C.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 160 G.STOCK-NATIONAL FUEL DROP $250 FEE FOR ALTERNATE METER LOCATION (ITEM# 103 C.C.P.MAY 26, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 161 SIDEWALK CAFE - 1125 TONAWANDA STREET (ITEM NO. 38, 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. 162 SEVENTH STREET - CONDUIT WITHIN CITY RIGHT-OF -WAY (ITEM NO. 34, C.C.P., JUNE 23, 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. 163 SIDEWALK CAFE - 49 W. CHIPPEWA STREET (ITEM NO. 35, C.C.P., JUNE 23, 1998) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Frank Luciano, owner of The Atomic Cafe, located at 49 W. Chippewa Street, to install a sidewalk cafe, which would encroach city right-of- way at said address, subject to the following conditions: 1 .That the applicant obtain any and all other City of Buffalo permits necessary. 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 Page 75 98-0707.TXT City right-of-way from November 15 to April 1 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 - 13 NOES - 0 COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 164 G. PHILLIPS & O-CONCERNS-ENVIRONMENT -ELK ST., ETC. (ITEM# 78 C.C.P. SEPTEMBER 30, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 165 CITY MASTER PLAN (CD) (ITEM# 48 C.C.P.OCTOBER 14, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 166 R.COLES-COMMENTS-MASTER PLAN PROJ. (ITEM# 49 C.C.P.NOVEMBER 25, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 167 ERIE CO. PUBLIC WKS.-COURTS MASTER PLAN IMPLEMENTATION PROJECT. (ITEM# 93 C.C.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 168 T. PETTIGREW BNRC LOAN 258 LEMON - COMPLAINTS (NO. 104 APRIL 14, 1998) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Zuchlewski moved that the above item be recommitted to the Committee on Community Development. ADOPTED. NO. 169 T.PETTIGREW- BNRC LOAN 258 LEMON- COMPLAINTS (CD) (COM 54-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 item be recommitted to Page 76 98-0707.TXT the Committee on Community Development. ADOPTED. NO. 170 TRANSFER OF TITLE, URBAN HOMESTEAD - 84 WAVERLY STREET (ITEM NO. 64, C.C.P., JUNE 23, 1998) That the city-owned property commonly known as 84 Waverly 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 Mrs. Penny Edwards Griffin, residing at 86 Waverly 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. Mr. Zuchlewski moved that the above item be recommitted to the Committee on Community Development. ADOPTED. NO. 171 TRANSFER OF TITLE, URBAN HOMESTEAD - 20 WOHLERS STREET (ITEM NO. 65, C.C.P., JUNE 23, 1998) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Zuchlewski moved: That the city-owned property commonly known as 20 Wohlers 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. Jessie Wiggins, residing at 18 Wohlers 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 - 13 NOES - 0 NO. 172 TRANSFER OF TITLE, URBAN HOMESTEAD - 621 WOODLAWN AVENUE (ITEM NO. 66, C.C.P., JUNE 23, 1998) That the city-owned property commonly known as the westerly half 621 Woodlawn Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said westerly half of property to Charlie and Ida Mae Fryer, residing at 619 Woodlawn Avenue, 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 - 13 NOES - 0 NO. 173 NEW CONST. POLICY - STATUS REPORT - 38 SCHUTRUM, ETC. (CD) (ITEM# 52 C.C.P. JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 174 CONTRACT -RENTAL ASSISTANCE CORPORATION Page 77 98-0707.TXT (ITEM NO. 46, C.C.P., JUNE 23, 1998) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the Mayor be, and he hereby is authorized to execute the contract between the City and Rental Assistance Corporation of Buffalo to amend and extend the existing agreement the City has with the RAC for administration of the City's Section 8 Housing Assistance Payment programs. PASSED AYES - 13 NOES - 0 RESOLUTIONS NO. 175 By: Mr. Brown REQUEST AMENDED LEASE FOR NICYO PROGRAM Whereas:National Inner Cities Youth Opportunities (NICYO) has operated an extremely successful series of programs at Dr. Martin Luther King, Jr. Park for the past 24 years; and Whereas:NICYO, at very little cost to the city, has run athletic programs and a Youth Educational Support Program, and has kept park facilities open and maintained; and Whereas:NICYO pays for its own liability insurance and runs on a combination of volunteer labor and funds from the State, the County, the Community Development Block Grant program and the City Division for Youth; and Whereas:The most recent lease that was presented to NICYO calls for the organization to begin paying utilities at the Park, something that was never before required in the 24 year relationship between NICYO and the city; and Whereas:Because the limited city funding that goes to this organization is so well utilized, it would be wasteful to take that funding away from program activities to pay for utilities; Now, Therefore, Be It Resolved That: This Common Council requests the Division of Real Estate to negotiate a new lease agreement with NICYO that does not require them to pay for utilities related to the programs NICYO runs in Dr. Martin Luther King, Jr. Park. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, AND COMPTROLLER. NO. 176 By: Mr. Brown TRANSFER OF TITLE - 1269 GENESEE STREET Whereas:Since 1994, Back to Basics Outreach Ministries Inc. has been providing services to the community including counseling, job and education referrals, tutoring, and a soup kitchen; and `Whereas:Deacon Anthony Brown is looking to expand these highly successful services and programs that Back to Basics has been providing to the residents of the neighborhood; and `Whereas:Back to Basics has outgrown its present facilities at 971 Jefferson Avenue; and Whereas:The vacant, city-owned building at 1269 Genesee Street provides the perfect location for Back to Basics to expand their services; Now, Therefore, Be it Resolved: That this Council request the Division of Real Estate to prepare and file an item to transfer title of 1269 Genesee Street Page 78 98-0707.TXT to Back to Basics Outreach Ministries Inc. for the purchase price of $1.00. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMPTROLLER. NO. 177 By: Mr. Brown WAIVE PERMIT & LICENSE FEES FOR THE RIM ROCKER THREE-ON-THREE BASKETBALL TOURNAMENT AND ALL PERMIT & LICENSE FEES FOR VENDORS; AND BLOCK OFF THE SECTION OF JEFFERSON AVENUE BETWEEN EAST FERRY AND BEST STREETS ON SATURDAY, AUGUST 8, 1998" Whereas:To encourage more youths and young adults to become engaged in positive activities on the East Side of Buffalo, the Masten District Council Office, the Afro American Police Association, Grassroots Inc., 93.7 WBLK, and many businesses and merchants in Western New York, are sponsoring the First Annual Rim Rocker Three-on-Three Basketball Tournament; and Whereas:Over one hundred teams will "shoot for success" on thirty portable hoops positioned on Jefferson Avenue between East Ferry and Best Streets on Saturday, August 8, 1998; and Whereas:The mission of the basketball tournament is to help revitalize Buffalo's inner city neighborhoods through an all-encompassing street festival with music, food, and some of the best basketball action ever seen. The tournament will encourage and promote unity in the community and build skills, character and lasting relationships among competitors. The event will also foster a positive recognition of Jefferson Avenue as an important sector of the City of Buffalo's cultural and economic heritage; and Whereas:Proceeds from the Rim Rocker Three-on- Three Basketball Tournament will benefit the Afro American Police Association's community initiatives fund and several not- for-profit organizations; and Whereas:In order to provide for the success, safety, and security of such a tournament, the sponsors and organizers are asking the City of Buffalo to block off Jefferson Avenue between East Ferry and Best Streets on Saturday, August 8, 1998, and to waive all permits and fees associated with the event; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that all permits and fees associated with vendors and the First Annual Rim Rocker Three-on-Three Basketball Tournament to be held on August 8, 1998, be waived; and Be It Further Resolved: That permission be granted to the organizers of the Rim Rocker Three-on-Three Basketball Tournament to block off the portion of Jefferson Avenue between East Ferry and Best Streets on Saturday, August 8, 1998. Be It Finally Resolved: That the City Clerk's office forward copies of this resolution to the Departments of Police, Public Works, Community Development, and Law. PASSED AYES-13, NOES-0 NO. 178 By: Mr. Brown "HANG BANNERS COMMEMORATING THE 60TH ANNIVERSARY OF THE CALVARY BAPTIST CHURCH" Page 79 98-0707.TXT Whereas:The Calvary Baptist Church will celebrate its 60th Anniversary on September 20, 1998; and Whereas:This church has progressed from a humble beginning with 1998 members assembled in a one room sanctuary, to a mega church with over 2,700 members located at 1184 Genesee Street; and Whereas:The Calvary Baptist Church has displayed a long and distinguished history of service to the East Side Community of the City of Buffalo; and Whereas:The Calvary Baptist Church has declared the year of 1998 as a year of celebration and jubilee with monthly festivities planned; and Whereas:To commemorate the celebration of its 60th Anniversary, the Calvary Baptist Church asks permission to hang banners from street lights on Genesee Street from the intersection of Best Street to Kehr Street; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Calvary Baptist Church to hang banners from streets lights on Genesee Street from the intersection of Best Street to Kehr Street in honor of its 60th Anniversary; and Be It Further Resolved: That these banners will hang from July 22 to December 31, 1998; and Be It Finally Resolved: That permission to hang these banners be granted pursuant to the conditions set forth by the Department of Public Works and the Corporation Counsel. PASSED AYES-13, NOES-0 NO. 179 By: Mr. Coppola BUFFALO CROP HUNGER WALK Whereas:On Sunday, September 27, 1998, participants of the 21st Anniversary of the Buffalo Crop Hunger Walk will join the fight to end hunger; and Whereas:Participants will follow a route that begins and ends at Westminster Presbyterian Church in Buffalo; and Whereas:Around the world, more than a billion people struggle to survive every day and in some cases must walk many miles for food, water, medicine; and Whereas:A portion of the money raised at Crop Walk will provide assistance for people in need in Buffalo with the remaining being sent to international hunger-fighting agencies; and Whereas:The City has waived the parade permit fee in the past. Now, Therefore, Be It Resolved: This Common Council waive the permit fees for the Buffalo Crop Hunger Walk to be held on September 27, 1998. PASSED AYES-13, NOES-0 NO. 180 By: Mr. Coppola MUNICIPALIZATION- KEY ISSUES Whereas:The City of Buffalo Common Council is considering a resolution authorizing a mandatory referendum which will ask the voters of the City of Buffalo whether they want to study municipalization as a means to lower Buffalo electric rates, and Whereas:"Exit fees" are not a reality and are not necessarily payable. In many instances, especially that Page 80 98-0707.TXT 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 could offer the citizens of Buffalo rate reductions of 25 to 40%; and Whereas:Several recent independent feasibility studies, including studies done for the towns of Ogdensburg, Gouvernor, 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 recent feasibility study has not been conducted and such studies are not inexpensive. Prior to taking on such an expense, it is prudent to ask the voters for their opinion about studying alternatives to the current 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 definable. The cost of acquiring Niagara Mohawk and other costs such as start up costs, working capital, reserve accounts, and bonding in lieu of taxes are also definable. Taking all these costs into consideration yields a Buffalo municipal power price potentially 25 to 40% lower than the present and anticipated Niagara Mohawk prices. A municipal electric system could offer the following savings: $71.5 million per year, over 1 billion will be saved over 15 years, $9.55 million to city government done, thereby offering tax relief or improvement in City provided services. All savings stay in Buffalo and have a multiplier effect on the Buffalo economy; and Whereas:These savings are contrasted against those described in Power Choice; 3.2% over 3 years, with potential increases in following years; 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 total price for electricity which is 25 to 40% lower than Niagara Mohawk 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 Niagara Mohawk). 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 Niagara Mohawk; and Whereas:Competition will not produce lower prices. Under competition Niagara Mohawk will still transmit and distribute power. If a customer selects another supplier of electricity, Niagara Mohawk 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 hydro 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 21/2 cents per kilowatt hour. Niagara Mohawk'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:Niagara Mohawk 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 Page 81 98-0707.TXT will need qualified workers. In addition simple economic dictates that lower cost electricity will result in more business with more meaningful wellpaying 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 Niagara Mohawk. In the recent past we have seen hundreds of blue collar workers released by Niagara Mohawk. Those workers who have remained employed have seen little or no wage increase. Meanwhile, Niagara Mohawk executives have given themselves outrageous bonuses which averaged over $66,000 per executive in 1998. In addition, the Niagara Mohawk shareholders have not seen a dividend payment for several years. It appears the only secure positions in Niagara Mohawk are the top executives; and Whereas:The issues are simple; Do we want to do something about high electric rates? Niagara Mohawk 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 one of 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 this issue with us. Now, Therefore, Be It Resolved: That the Buffalo Common Council does hereby authorize a feasibility study at an approximate cost of $125,000 to study the acquisition of the electric distribution system of the City of Buffalo through a referendum pursuant to Section 41 1 of the Charter of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 181 By: Mr. Coppola RETIREMENT INCENTIVE PROGRAM] Whereas:Effective May 13,1998, the State of New York is making a Retirement Incentive Program available to local governments, public authorities and community colleges participating in the New York State and Local Employees' Retirement System; and Whereas:Any employer adopting the incentive under Chapter 47 of the Laws of 1998 must establish an "open period" of no less than 30 days and no more than 90 days, not beginning before May 16 and not extending beyond December 31, 1998, during which eligible employees can retire and be entitled to incentive benefits; and Whereas:This legislation permits participating employers to provide special retirement incentive benefits to their regular retirement plan members who are at least 50 years old with ten years of service credit, or at least 70 with at least 5 years service credit, not including incentive credit; and Whereas:Eligible employees participating in a special 25 year plan providing for retirement without regard to age are eligible to participate in the incentive program if they have earned 25 years of service credit, including incentive service, necessary to retire prior to their effective date of retirement; and Whereas:Certain employees covered under Section 89-a, Section 89-b, and Section 89 may also be eligible for the incentive program; and Whereas:Participating employers will not be required to eliminate the positions of eligible employees in eligible titles receiving the retirement incentive if the employer Page 82 98-0707.TXT has developed a plan that demonstrates a minimum of 50% savings in the replacement employee's base salary over the two year period following the retirement of eligible employees; and Whereas:The 1998 Retirement Incentive Program provides eligible employees with an additional one- twelfth of a year of service for each year of retirement service credited as of the date of retirement, with the maximum amount of additional retirement service credit that can be provided under this incentive program being three years; and Whereas:Electing to participate in this year's retirement incentive program may prove to be beneficial to the City of Buffalo; and Whereas:A local law must be enacted upon, in accordance with Municipal Rome Rule law and the rules and regulations established by the New York State Department of State, and enactment must be completed no later than September 3, 1998. Now, Therefore, Be It Resolved: This Common Council of the City of Buffalo requests that the Commissioner of Administration and Finance, the Buffalo Board of Education and the Superintendent of Schools, any ancillary agencies whose employees are enrolled in the retirement systems eligible to participate (BURA, BSA, BMHA), and all city unions (Crossing Guards, PBA, Local 282, Operating Engineers, Local 264, Local 650, Local 2651, Local 18029, BTF, and Council 35 AFSCME-AFLCIO) respond to the possibility of electing to participate in the early retirement incentive as passed by the State of New York; and Be It Further Resolved: If the fiscal and operational benefits to the City of Buffalo are favorable, this Common Council authorizes the City's participation in the early retirement incentive program; and Be It Finally Resolved: The City Clerk forward certified copies of this resolution to the above listed parties with a request that each of the parties file a response with the Clerk's office by 2:00 pm, July 16, 1998, so that response can be placed on the agenda of the next Common Council meeting. ADOPTED NO. 182 By: Alfred T. Coppola REQUEST FOR STREET LIGHTING INVENTORY Whereas:Over the past years, there has been extensive street light modernization and Whereas:Different poles and lamps have been installed in the City of Buffalo. Now, Therefore, Be It Resolved: This Common Council request the complete street light inventory for the City of Buffalo up until July 1998; and Be It Further Resolved: That the Department of Public Works, Division of Street Lighting, file the report for the next full Common Council meeting July 21, 1998. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 183 By: Mr. Coppola CITY OF BUFFALO LOCAL LAW NO (1998) INTRODUCTORY NO. 8 1998 A LOCAL LAWadopting section 459-h of the Charter of Page 83 98-0707.TXT the City of Buffalo in relation to an early retirement incentive. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section four hundred fifty-ninth of the Charter of the City of Buffalo, be adopted pursuant to law, to read as follows: Sec. 459-h. 1998 Targeted Early Retirement Incentive. (1) The City of Buffalo hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 47, Laws of 1998. (2) The commencement date of the retirement incentive program shall be October 5, 1998. (3) The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 88 days in length. (4) The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employee's Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits payable under this Local Law. (5)This local law shall take effect immediately. (6)The City of Buffalo's joint Council/Administration/Union/Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce. APPROVED AS TO FORM Michael Risman Corporation Counsel LAID ON THE TABLE NO. 184 By: Mr. Franczyk REQUEST FOR PARCEL USE Whereas:The Polish Community Center of Buffalo, Inc., in a collaborative effort with neighborhood community groups, has submitted a grant proposal to enhance neighborhood greenspace; and Whereas:The Rohr Street Block Club, the Ruhland Avenue Block Club, and the Response to Love Centers have partnered with the Polish Community Center to promote and encourage community and public partnerships, foster community responsibility, and educate residents on the benefits of empowerment and the environment; and Whereas:This project, named "Seeing Green", is designed to restore natural resources in an urban environment and foster community partnerships for the purpose of beautification, revitalization, and education; and Whereas:The Fillmore District has only one small, public park located in the William Clinton area and recent commercial developments in the Broadway Fillmore core have further limited public access to greenspace; and Whereas:The parcels chosen for the "Seeing Green" project are 1097 Sycamore, 226-228 Stanislaus, 1259 Sycamore, and 146-148 Walden, owned by the Buffalo Neighborhood Revitalization Corporation, the City of Buffalo Urban Renewal Agency, the City of Buffalo Perfecting Title (Division of In-Rem), and the City of Buffalo Division of Real Estate, respectively; and Whereas:To proceed with the grant application for Seeing Green, these entities must grant the Polish Community Page 84 98-0707.TXT Center permission to use these particular parcels for the duration of this project; Now, Therefore, Be It Resolved: That this Common Council support the application for grant moneys by the Polish Community Center of Buffalo, Inc. for the neighborhood greenspace enhancement project called "Seeing Green"; and Be it Finally Resolved: That this Honorable Body request that the Buffalo Neighborhood Revitalization Corporation, the City of Buffalo Urban Renewal Agency, the City of Buffalo Division of In-Rem, and the City of Buffalo Division of Real Estate grant permission for parcel use of the respective sites at 1097 Sycamore, 226- 228 Stanislaus, 1259 Sycamore, and 146-148 Walden. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMPTROLLER. NO. 185 By: Mr. Franczyk: BOND RESOLUTION $350,000 BONDS RECONSTRUCTION RIVERSIDE PARK ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City to finance the cost of various improvements at Riverside Park, in the City, at the estimated maximum cost of $350,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Fifty Thousand Dollars ($350,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of various improvements at Riverside Park, in the City, in accordance with the Riverside Park Master Plan. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "North District Waterfront Dev. 1998-99, Bond Authorization Account No. 200-717, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $350,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby Page 85 98-0707.TXT determined and stated: (a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 186 By: Mr. Franczyk BOND RESOLUTION $300,000 BONDS RECONS NORTHWEST COMMUNITY CENTER BLDG. ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Northwest Community Center Building located at 155 Lawn Avenue, in the City, at the estimated maximum cost of $300,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Thousand Dollars ($300,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Page 86 98-0707.TXT Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Northwest Community Center Building located at 155 Lawn Avenue, in the City, including construction of a bridge to the adjacent school and installation of an elevator to facilitate handicapped access. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Northwest (Bridge to School and Handicapped Elevator, 1998-99", Bond Authorization Account No. 200-402, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $300,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The existing building to be partially reconstructed is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not Page 87 98-0707.TXT substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 187 By: Mr. Franczyk: BOND RESOLUTION $150,000 BONDS DEVELOPMENT TOW PATH PARK ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of development of Tow Path Park at the foot of Hertel Avenue, in the City, at the estimated maximum cost of $150,000. he Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of development of Tow Path Park at the foot of Hertel Avenue, in the City, including a concrete promenade, picnic facilities, public parking, extension of the existing Riverwalk from Hertel Avenue to the Niagara River shoreline, landscaping and lighting. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "North District Waterfront Dev. 1998-99, Bond Authorization Account No. 200-717, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19 (c) of the Local Finance Law, is fifteen (15) years. Page 88 98-0707.TXT (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 188 By: Mr. Franczyk: BOND RESOLUTION $89,000 BONDS IMPROVEMENTS N.PARK LIBRARY ACCOUNT NO. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $89,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the North Park Branch Library in the City, at the estimated maximum cost of $89,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Eighty-Nine Thousand Dollars ($89,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the North Park Branch Library in the City, including reconstruction of gables and installation of security doors and windows. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including Page 89 98-0707.TXT preliminary costs and costs incidental thereto and the financing thereof, is $89,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the: Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Library, Improvements North Park Branch, 1998-99," Account No. 200-402, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $89,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a. 11 (b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (I 5) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (C)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE Page 90 98-0707.TXT NO. 189 By: Mr. Franczyk: BOND RESOLUTION $50,000 BONDS RECONSTRUCTION SHEA'S RESTROOM ACCOUNT NO. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $50,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Shea's Center for the Performing Arts, at the estimated maximum cost of $50,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty Thousand Dollars ($50,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of Shea's Center for the Performing Arts, including reconstruction of restroom facilities. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $50,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Shea's Center Modernization, 1998-99" Account No. 200-402, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $50,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)Said building is of at least Class "B" construction, as defined by Section 11.00 a. 11(a)(b) of the Law and the period of probable usefulness applicable to the specific object or Purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be Page 91 98-0707.TXT general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 190 By: Mr. Francyck: BOND RESOLUTION $150,000 BONDS HANDICAPPED ACCESS IMPROVEMENTS ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various City- owned buildings, to provide for handicapped access, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance of partial reconstruction of various City-owned buildings, to provide for handicapped access, throughout the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Handicapped Access Improvements, 1998-99", Bond Authorization Account No. 200- 402, and shall be used for the class of objects or purposes Page 92 98-0707.TXT specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a)The existing buildings are of Class "B" construction as defined by Section 11.00 .(b) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.12.(a)(2) of the Law, is fifteen (15) ears. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)Such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 191 By: Mr. Franczyk: BOND RESOLUTION $125,000 BONDS REPLACEMENT LIQUID FUEL TANKS ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $125,000 General Improvement Bonds of said City to finance the cost of replacement of various liquid fuel tanks used by the City, at the estimated maximum cost of Page 93 98-0707.TXT $125,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. , The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Twenty- Five Thousand Dollars ($125,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of replacement of various liquid fuel tanks used by the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998- 99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited. in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Underground Tank Removal/Replacement 1998-99, Bond Authorization Account No. 200-402, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $125,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 88 (a) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: Page 94 98-0707.TXT (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 192 BY: MR. FRANCZYK: BOND RESOLUTION $25,000 BONDS REMOVAL LIQUID FUEL TANKS ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $25,000 General Improvement Bonds of said City to finance the cost of removal and disposal of various liquid fuel tanks formerly used by the City, at the estimated maximum cost of $25,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Twenty-Five Thousand Dollars ($25,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of removal and disposal of various liquid fuel tanks formerly used by the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $25,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Underground Tank Removal/Replacement 1998-99, Bond Authorization Account No. 200402, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $25,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section Page 95 98-0707.TXT 11.00 a. 88 (b) of the Local Finance Law, is ten (10) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID ON THE TABLE NO. 193 BY: MR. FRANCZYK: BOND RESOLUTION $900,000 BONDS RECONSTRUCTION CAZENOVIA ICE RINK ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $900,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the Cazenovia Park Ice Rink, in the City, at the estimated maximum cost of $900,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Nine Hundred Thousand Dollars ($900,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of partial reconstruction of the Cazenovia Park Ice Rink, in the City, including replacement of the refrigerated surface, dasher boards, and condenser. 'Me estimated maximum cost of said specific object or purpose for which the Page 96 98-0707.TXT bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $900,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Cazenovia Ice Rink Reconstruction 1998-99, Bond Authorization Account No. 200- 402, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $900,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section I 1.00 a. 19 (c) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution introduced: July 7, 1998 LAID ON THE TABLE NO. 194 Page 97 98-0707.TXT BY: MR. FRANCZYK: BOND RESOLUTION $2,000,000 BONDS POLICE REORGANIZATION ACCOUNT NO. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Improvement Bonds of said City, to finance the additional cost of the partial reconstruction of and additions to the existing building at Fillmore and E. Ferry Streets, in the City, to provide a new police precinct, at the total estimated maximum cost of $3,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the additional cost of the partial reconstruction of and additions to the existing building at Fillmore and E. Ferry Streets, in the City, to provide a new police precinct. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,500,000 as set forth in the duly adopted Capital Improvements Budgets of said City for fiscal years 1997-98 and 1998/99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Police Reorganization-Facilities Development, 1998-99," Account No. 200-402, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a)The building to be partially reconstructed is of at least Class "B" construction, as defined by Section I 1.00 a. II (b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of Page 98 98-0707.TXT said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced:July 7, 1998 LAID ON THE TABLE NO. 195 BY: MR. FRANCZYK: BOND RESOLUTION $1,200,000 BONDS RECONSTR.CITY COURT BLDG. ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,200,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the City Court Building, at the estimated maximum cost of $1,200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Two Hundred Thousand Dollars ($1,200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the City Court Building, pursuant to mandates of the State Office of Court Administration. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,200,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Page 99 98-0707.TXT Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "City Court Reconstruction, 1998-99", Bond Authorization Account No. 200-402, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a)The existing building to be partially reconstructed is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section I 1.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 7, 1998 LAID. ON THE TABLE NO. 196 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 21 - 0 DEPARTMENT OF FIRE 013 SUPPORT SERVICES The Common Council of the City of Buffalo does ordain as Page 100 98-0707.TXT follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 0 - Department of Fire 0 1 3 Support Services which reads: 1 Assistant Marine Engineer Laborer 1 $ 33,418 is hereby amended to read: I Assistant Marine Engineer Laborer 11 $ 46,174 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, CORNELIUS J. KEANE, Commissioner of Fire, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position Michael Risman Corporation Counsel 07/02/98 PASSED AYES- 13 NOES- 0 NO. 197 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 70 - DEPARTMENT OF STREET SANITATION 0 - DIVISION OF STREETS 013 CLEANING STREETS & SNOW REMOVAL 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 70 - Department Of Street Sanitation 0 - Division Of Streets 0 1 3 Cleaning Streets & Snow Removal, is hereby amended with the addition: (4) Heavy Equipment Operator $ 26,184 - $ 29,814 (4) Equipment Operator $ 25,159 - $ 28,425 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, PAUL V. SULLIVAN, Commissioner of Street Sanitation, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Michael Risman Page 101 98-0707.TXT Corporation Counsel 07/01/98 ATTACHMENTS PASSED AYES-13, NOES-0 NO. 198 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 50 - DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION 6 - DIVISION FOR YOUTH 012 LIGHTED SCHOOLHOUSE 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 50 - Department Of Human Services, Parks & Recreation 6 - Division For Youth 012 Lighted Schoolhouse, is hereby amended with the addition: SERVICES INCIDENT TO LIGHTED SCHOOLHOUSE TEMPORARY SERVICES AS REQUIRED Coordinator $17.50 (hourly) Project Leader $15.00 (hourly) Head Swim Coach $ 15.00 (hourly) Swim Coach $ 12.00 (hourly) Drill Coach $ 10.00 (hourly) Jump Rope Coach $ 10.00 (hourly) Golf Coach $ 10.00 (hourly) IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, DANIEL T. DURAWA, Commissioner of Human Services, Parks & Recreation, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved-and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title proposed position. Michael Risman APPROVED AS TO FORM 07/01/98 PASSED AYES- 13 NOES- 0 NO. 199 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 20- DEPARTMENT OF POLICE 1 DIVISION OF POLICE ADMINISTRATION The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-Department of Police, 1 - Division of Police Administration which reads: 001 OFFICE OF THE POLICE COMMISSIONER 2 Senior Report Technician $ 26,139 - $ 29,507 11 Report Technician$ 23,705 - $ 26,317 011 DETECTIVE BUREAU Page 102 98-0707.TXT 4 Senior Report Technician$ 26,139 - $ 29,507 26 Report Technician $ 23,705 - $ 26,317 012 PATROL SERVICES 6 Senior Report Technician$ 26,139 - $ 29,507 36 Report Technician$ 23,705 - $ 26,317 021 ADMINISTRATION & COMMUNICATIONS 4 Senior Report Technician $ 26,139 - $ 29,507 48 Report Technician$ 23,705 - $ 26,317 Is hereby amended to read: 001 OFFICE OF THE POLICE COMMISSIONER 2 Senior Report Technician$ 26,139 - $ 29,507 13 Report Technician $ 23,705 - $ 26,317 (Valid only until Senior Report Technician appointments are made) 011 DETECTIVE BUREAU 4 Senior Report Technician$ 26,139 - $ 29,507 30 Report Technician $ 23,705 - $ 26,317 (Valid only until Senior Report Technician appointments are made) 012 PATROL SERVICES 6 Senior Report Technician$ 26,139 - $ 29,507 42 Report Technician $ 23,705 - $ 26,317 (Valid only until Senior Report Technician appointments are made 021 ADMINISTRATION & COMMUNICATIONS 4 Senior Report Technician$ 26,139 - $ 29,507 52 Report Technician $ 23,705 - $ 26,317 (Valid only until Senior Report Technician appointments are made) IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, R. GIL KERLIKOWSKE, Commissioner of Police, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position Michael Risman Corporation Counsel 07/02/98 PASSED AYES- 13 NOES- 0 NO. 200 BY MS. GRAY SALARY ORDINANCE AMENDMENT 20 - I POLICE ADMINISTRATION 021 ADMINISTRATION & COMMUNICATIONS The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 1 - Police Administration 021 Administration and Communications which reads: (3)Senior Public Safety Dispatcher $ 27,764 - $ 32,145 Page 103 98-0707.TXT (14) Public Safety Dispatcher $ 25,146 - $ 28,560 is hereby amended to read: (3) Senior Public Safety Dispatcher $ 27,764 - $ 32,145 (15) Public Safety Dispatcher $ 25,146 - $ 28,560 (3)Public Safety Dispatcher $ 25,146 - $ 28,560 (Valid only until Senior Public Safety Dispatcher appointments are made) IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, R. GIL KERLIKOWSKE, Commissioner of Police, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position Michael Risman Corporation Counsel 07/02/98 ATTACHMENT PASSED AYES- 13 NOES- 0 NO. 201 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 20 - I POLICE ADMINISTRATION 012 PATROL SERVICES The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 I - Police Administration 021 Administration and Communications which reads: 615 Police Officer $ 34,047 - $ 46,045 is hereby amended to read: 635 Police Officer$ 34,047 - $ 46,045 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, R. GIL KERLIKOWSKE, Commissioner of Police, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position Michael Risman Corporation Counsel Page 104 98-0707.TXT 07/02/98 ATTACHMENT PASSED AYES-13, NOES-0 NO. 202 BY: MS. GRAY SALARY ORDINANCE AMENDMENT 20 - 1 POLICE ADMINISTRATION 021 ADMINISTRATION & COMMUNICATIONS The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 1 - Police Administration 021 Administration and Communications which reads: 10 Lieutenants $ 53,314 is hereby amended as follows: 13 Lieutenants $ 53,314 Additional positions are in effect until the criminal cases are adjudicated IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, R. GIL KERLIKOWSKE, Commissioner of Police and JAMES B. MILROY, Director of the Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed positions. Michael Risman Corporation Counsel APPROVED AS TO FORM 07/02/98 ATTACHMENT PASSED AYES- BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI -12 HELFER - NOES- 1 NO. 203 BY: KEVIN J. HELFER SPECIAL DEVELOPMENT PLAN CORRECTION 416 - 486 KENMORE AVENUE Whereas:The Common Council approved Special Development Plan No. 27 (Item No. 140, C.C.P., July 23, 1996); and Whereas:It was later discovered that there was an error in the legal description of the property to be rezoned under Special Development Plan No. 27, and Whereas:The error in the legal description in no way changes the requirements of Special Development Plan No. 27: Now, Therefore, Be It Resolved: That the attached legal description (Exhibit A), replaces the Page 105 98-0707.TXT legal description contained in Special Development Plan No. 27 (Item No. 140, C.C.P., July 23, 1996)- and Further, Be It Resolved: That the corrected legal description in no way changes the requirements of Special Development Plan No. 27. PASSED AYES- 13 NOES- 0 NO. 204 BY: KEVIN J. HELFER NATURAL GAS PURCHASE AGGREGATION Whereas:Deregulation of the natural gas industry has allowed municipalities and/or agencies to utilize brokers for the purchase of natural gas, thus creating savings for said municipality and/or agencies; and Whereas:The best way to maximize savings is by aggregating or creating large "purchasing pools"; and Whereas:The City of Buffalo, the Board of Education, the Buffalo Municipal Housing Authority (BMHA) and the Sewer Authority individually purchase their own natural gas; and Whereas:If these four entities were to pool their resources, it would create more purchasing power; and Whereas: This would enable each of these four entities to realize increased savings. Now, Therefore, Be It Resolved: That the Commissioner of Public Works report to this Council the savings that have accrued, thus far, by the City of Buffalo taking advantage of deregulation and utilization of brokers for natural gas purchases; and Be it Further Resolved: That the Buffalo Board of Education, BMHA and the Sewer Authority report to this Council on their savings, if any, from deregulation of the natural gas industry; and Be it Further Resolved: That the Commissioner of Public Works report to this Council on his conversations, if any, with the Buffalo Board of Education, BMHA and the Sewer Authority in regards to aggregation; and Be it Further Resolved: That the Buffalo Board of Education, BMHA and the Sewer Authority report to this Council on their willingness to work with the City of Buffalo on aggregating natural gas purchases for further savings to all four entities; and Be it Finally Resolved: The Commissioner of Public Works estimate the additional savings each of the four entities would realize if they formed a "purchasing pool". REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, BUFFALO SEWER AUTHORITY AND BUFFALO MUNICIPAL HOUSING AUTHORITY. NO. 205 BY: MR. HELFER APPOINT JENNIFER FECIO-MCDOUGALL AS SENIOR LEGISLATIVE ASSISTANT Now, Therefore, Be It Resolved: That Jennifer Fecio-McDougall be appointed to the position of Senior Legislative Assistant, in the Office of Councilmember Kevin Helfer, effective Tuesday, July 7, 1998. PASSED AYES- 13 NOES- 0 Page 106 98-0707.TXT NO. 206 BY:MS. KAVANAUGH METRO RAIL EXTENSION Whereas:The Citizens Rapid Transit Committee, which was instrumental in the establishment of the Niagara Frontier Transportation Authority's Metro Rail, is promoting the expansion of Metro Rail on publicly-owned surface railroad rights of way; and Whereas:According to the Citizens Rapid Transit Committee, Buffalo's Metro Rail is one of the most successful of the 24 light rail lines in this country, ranking second in riders per mile and first in the average number of weekday riders, but it is the only one of these 24 that is not expanding; and Whereas:Light rail rapid transit can be less expensive to operate than buses on major commuter routes, it can reduce automobile traffic and pollution, it can reduce the wear and tear on roads and bridges and it can connect city residents with jobs in the suburbs; and Whereas:The Niagara Frontier Transportation Authority has not applied for federal ISTEA monies for expanding Metro Rail because dedicated operating funding is not in place; and Whereas:The Citizens Rapid Transit Committee has obtained over 10,000 signatures on a petition supporting dedicated funding from Erie County that will allow the NFTA to move ahead with expansion of Metro Rail; Now, Therefore, Be It Resolved: That this Common Council supports the efforts of the Citizens Rapid Transit Committee to work with Erie County and the Niagara Frontier Transportation Authority to obtain ISTEA funding for the expansion of Metro Rail and dedicated funding for its operation. ADOPTED NO. 207 BY: MS. KAVANAUGH & MR. ZUCHLEWSKI SECURING RICHARDSON BUILDINGS AT PSYCHIATRIC CENTER Whereas:The Buffalo Psychiatric Center has on its grounds the world-renowned Twin Towers complex of buildings designed by famed architect H. H. Richardson; and Whereas:Although New York State has stopped using the Richardson buildings and is in the process of selling that portion of the Buffalo Psychiatric Center, the State is still responsible for maintaining the buildings until they are properly transferred; and Whereas:Recently, a two alarm fire was extinguished after vandals apparently gained access to the buildings; and Whereas:Any damage to the Richardson buildings, whether from fire, vandals, leaks or insufficient maintenance, could seriously affect the prospects for reuse of the buildings; and Whereas:The destruction of these architecturally significant buildings would be a great loss not only to the City of Buffalo but also to the entire region at a time when heritage tourism is growing and Western New York stands to benefit from its rich architectural legacy, of which the Richardson buildings are a premier example; Now, Therefore, Be It Resolved: That this Common Council requests the New York State Departments of Mental Health and General Services to file with Page 107 98-0707.TXT this Council an explanation of how they plan to secure the Richardson buildings at the Buffalo Psychiatric Center from further damage by fire, vandals or other causes; and Be It Further Resolved: That the City Clerk send certified copies of this Resolution to Governor Pataki as well as the Commissioners of General Services and Mental Health. ADOPTED NO. 208 BY: MRS. LOTEMPIO CAPITAL BUDGET AMENDMENTS Whereas:To ease the acquisition of 1998-99 Capital Bond famed moneys, the Comptroller has asked that the Common Council to adjust the categories of the budgeted allocations; and Whereas:This adjustment in no way affects dollar amounts nor includes any additional projects; and Whereas:The Council Capital Budget currently lists the Friends to the Elderly and Drug Treatment Facility Development Projects under Construction, Reconstruction, and Public Facilities; and Whereas:It also lists the Genesee Reconstruction, Lower West Side/Niagara Street Improvements, Elmwood Avenue and Traffic Calming Projects, and the Niagara Street Reconstruction projects under Construction, Reconstruction City-owned Buildings, Facilities; and Whereas:The Comptroller, as well as the Office of Citizen Participation and Information, believe listing the Friends to the Elderly and the Drug Treatment Facility projects under the Division of Buildings and listing the above street projects under the Division of Engineering would be more suitable when selling bonds; Now, Therefore, Be It Resolved: That this Honorable Body approve amending the listing of the following 1998-99 Capital Budget Project to that as follows: Under the Division of Buildings include the Friends to the Elderly and Drug Treatment Facility Development. Under the Division of Engineering include the Genesee Street Reconstruction, West Lower Side/ Niagara Street improvements, Elmwood Avenue and Traffic Calming Projects, and the Niagara Street Reconstruction projects. PASSED AYES- 13 NOES- 0 NO. 209 BY MR. PITTS PURCHASE OF TC1 BY AT&T Whereas:On June 24, 1998 AT&T announced that it is buying TCI, the nation's largest cable company, for $32 billion; and Whereas:This deal could allow AT&T to bypass local phone wires and provide local phone service in competition with the regional Bell companies, as well as eventually offer customers all major telecommunications services, including long-distance, local and cellular phone service, high-speed Internet, and video programming; and Whereas:AT&T executives predicted that the combination would yield $2 billion in annual synergies -- one-half from capital-expense savings, and one-half from increased revenues; and Whereas:This announcement came exactly one day after the end of the 120-day period to review the proposed Page 108 98-0707.TXT transfer of TC1 of NY to a joint venture known as Parnassos was to have been completed; and Whereas:TCI had vigorously opposed a 30-day extension of the review period, until it became clear that the transfer could be denied if all parties did not agree to such an extension; and Whereas:This deal raises even more questions about the joint venture, since the one-third stake in Parnassos will apparently be held by AT&T rather than TCI; and Whereas:The AT&T-TCI deal could have significant ramifications for the City of Buffalo, and this merger should be carefully examined as it relates to the Parnassos joint venture; Now, therefore be it resolved: That TCI of New York and Adelphia Communications Corporation be requested to file their detailed comments on the impact that the AT&T deal will have on the Parnassos joint venture and the effect on telecommunications services that will be provided in the future; and Be it further resolved: That the Law Department be requested to review the FCC Form 394 submitted by TCI to determine whether supplemental information is required as a result of the impending AT&T-TCI deal; and Be it finally resolved: That the New York State Public Service Commission be requested to comment on the AT&T-TCI deal as it relates to the proposed transfer and any other regulatory issues. ADOPTED NO. 210 By: Mr. Pitts REPLACE WINDOWS AT BILINGUAL EARLY CHILDHOOD CENTER #36 WHEREAS:The parents, teachers and children at School #36 have provided a petition to Superintendent James Harris and the elected Board expressing the urgency to replace the windows at the school; and WHEREAS:The conditions at the school has left windows rusted shut. This has stopped adequate ventilation and raised safety concerns for emergency evacuation; and WHEREAS:The Site Based Management Team has prioritized pushing to have the School Board include the window replacement in the current school budget which has been approved early. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request Superintendent James Harris and the Board of Education to include the replacement windows at School #36 in the current year. BE IT FURTHER RESOLVED THAT: The Superintendent file a report with the Common Council on actions taken by the Board of Education. ADOPTED NO. 211 BY: Mr. Pitts TENT FEE WAIVER TASTE OF BUFFALO WHEREAS:The Taste of Buffalo is an annual event in downtown Buffalo sponsored through Buffalo Place; and WHEREAS:This year's event is scheduled for July 11 and July 12. As in the past it is expected that 400,000 people will attend; and WHEREAS:Each year the City has provided a waiver for tent fees. This in light of the fact that every other fee is paid; and WHEREAS:In order to facilitate a request to the Fire Page 109 98-0707.TXT Commissioner to waive the tent fees, the Common Council has to approve such a request. NOW THEREFORE BE IT RESOLVED: That the Common Council approves the waiver of tent fees for the Taste of Buffalo subject to any subsequent conditions established by the Fire Commissioner. PASSED AYES-13, NOES-0 NO. 212 By: Ms. Williams: AMEND PRIMA PIZZA-PASTA, INC. SIDEWALK CAFE LICENSE Whereas:Prima Pizza-Pasta, located at Chippewa and Pearl Streets has been a valuable asset and credit to the community. A staple to the area, Prima Pizza continues to do their share in helping the economic growth of the Chippewa area; and WhereasOn April 29, 1998 Prima Pizza restaurant was granted permission to install a sidewalk cafe on the public right-of-way; and Whereas:Prima Pizza's sidewalk cafe allow customers to partake in the ambiance of the vibrant area while enjoying a meal or waiting for their order; and Whereas:The owner of Prima Pizza-Pasta is requesting an amendment to the sidewalk cafe license which will permit outside background music to be played for the pleasure of their customers; and Whereas:The need for soft music will not only add to the ambiance of this area, but will allow the business an opportunity to contact customers when their order is ready. Two 6x6 speakers which will be nearly invisible to customers will provide music which will only be played when the patio is in use. Now, Therefore, Be It Resolved: The Common Counsel request that an amendment be added to the Prima Pizza license No. 312 for a sidewalk cafe to allow soft music to be played only when the patio is in use. PASSED AYES-13, NOES-0 NO. 213 By: Barbara A. Miller-Williams SET PUBLIC HEARING WATERFRONT REDEVELOPMENT PROJECT AREA "A" DISPOSITION PARCELS 1 &1A APPROVAL - CONTRACT FOR SALE OF LAND SINCLAIR RADIO OF BUFFALO INC. WHEREAS, the City of Buffalo Urban Renewal Agency has negotiated a Contract for Sale of Land with Sinclair Radio of Buffalo Inc. WHEREAS, the terms of said Contract for Sale of Land has been negotiated by the Buffalo Urban Renewal Agency and has been forwarded to your Honorable Body for consideration. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 10th of July 1998. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 21st of July, 1998. ADOPTED NO. 214 By: Ms. Williams and Mr. Pitts DESIGNATION OF B.U.R.A. OWNED LOT AT GENESEE Page 110 98-0707.TXT AND OAK STREETS FOR NEW DOWNTOWN POLICE PRECINCT WHEREAS:As part of Police Reorganization a new B District Precinct has been proposed to replace the present Theatre District station located in the old Bus Terminal next to Shea's Performing Arts Center; and WHEREAS:The Comptroller's Office has recommended the acquisition of 695 Main Street for the development of the new Precinct. The cost of this acquisition will be at least $700,000; and WHEREAS:The present design of the proposed building at Main and Tupper will be inadequate both in terms of building utility and parking. The cost is estimated to be $3,511,616.00 due to space constrictions; and WHEREAS:While it may be desirable to provide a Theatre District location for the new Precinct, 695 Main Street will only compound existing traffic congestion creating even hazardous conditions because of Tupper Street being the entrance to the Kensington Expressway; and WHEREAS:The Common Council has been requested to provide an alternative site to 695 Main Street. One that would cost less, provide adequate space for design, parking and accessibility to Downtown and other parts of the District. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the Buffalo Urban Renewal Agency to designate the parcel at Genesee and Oak Streets for the new B District Precinct. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL COMPTROLLER, BUFFALO URBAN RENEWAL AGENCY AND POLICE. NO. 215 By: Ms. Williams: INVESTIGATE BUSINESS LOCATED AT 177 WEST AVENUE. Whereas:In the City of Buffalo, many community groups and community residents are working to improve their neighborhoods through various community projects; and Whereas:However, in the Ellicott District there exists an auto repair shop located at 177 West Avenue (sometimes identified as 44 Malta Place) which, despite repeated requests from concerned citizens to improve the condition of the business, continues to be an eyesore and a detriment to the community; and Whereas:According to Buffalo Housing Court Judge Margaret Anderson, no licenses have been issued for any type of business at this address. It is also not known if this business has ever been inspected by the Buffalo Fire Department; and Whereas:In order to maintain the stability and safety of the neighborhood and to continue the growth of the community, an investigation of all questionable business at this address must be required by the City; and Whereas:It is also important that any business located in the Ellicott District be a good neighbor by keeping their property clean and environmentally safe; Now, Therefore, Be It Resolved: That this Honorable Body request the Director of the Division of Housing and Inspections to coordinate with the City of Buffalo Fire Department, The Law Department, The Department of Assessment and the Division of Parking Enforcement to conduct a formal inspection and investigation Page 111 98-0707.TXT on the status and legality of this business. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF COMMUNITY DEVELOPMENT r COMMISSIONER OF FIRE, CORPORATION COUNSEL, COMMISSIONER OF ASSESSMENT, AND DIVISION OF PARKING ENFORCEMENT. NO. 216 By: Mrs. Miller-Williams, Mr. Coppola PERMISSION TO HANG TWO BANNERS FOR THE INTERNATIONAL ALL-STAR SPORTS COMMITTEE Whereas:The International All-Star Sports Committee began last September of 1997. The purpose of the International All-Star Sports Committee is to promote Buffalo and the surrounding Niagara Frontier as the Sports Center of the USA; and Whereas:The International All-Star Sports Committee's goal is to heighten the community's awareness of the many sports that are available but are not readily known to the general public; and Whereas:Representatives from the International All- Star Sports Committee have requested permission to utilize four street light posts in celebration of this event on Delaware Avenue, between North and Trinity Streets from Friday, July 10 through Monday, September 15, 1998. Now therefore be it resolved that: This Common Council grants permission to the International All Star Sports Committee to hang two banners celebrating the All-Star 'Sports Event on Delaware Avenue, between North and Trinity Streets from Friday, July 10 through Monday, September 15, 1998, providing the banners meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED AYES-13, NOES-0 NO. 217 By Mr. Zuchlewski FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for John Pace By Councilmembers LoTempio, Helfer & Pitts Felicitation for Bessie Patters By Councilmember Pitts ADOPTED NO. 218 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: Stephen N. Hunt Rosalind Jacobs Robert J. Brandon Mark Waldman Bert T. Wertman,Jr. ADOPTED NO. 219 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONER OF DEEDS Page 112 98-0707.TXT 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 the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Barbara A. Kavanaugh ADOPTED NO. 220 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 Tues.July 15, 1998 at 9:30 o'clock A.M. Finance Tues,July 15, 1998 following Civil Service Legislation Tuesday, July, 15, 1998 at 2:00 o'clock P.M. Community Dev. Wed, July 16, 1998 at 10:00 o'clock A.M. Committee on Ed. Wed.Sept.16, 1998 at 2: 00 o'clock P.M.. Ancillary Meetinps Claims Committee meeting will be held on Wednesday, July 15, 1998 at 2: 00 o'clock P.M. in Council Chambers. Special meeting on Taylor Law Impasse, Wednesday, July 8, 1998 at 3:00 o'clock P.M. in Room 1417. Gretchen A. Pound Council Reporter NO. 221 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 3:20 PM CHARLES L. MICHAUX, III CITY CLERK Page 113