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HomeMy WebLinkAbout98-1020 98-1020.txt No.(19) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 20, 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 98-1020.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, OCTOBER 20, 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 October 6, 1998 were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 Page 2 98-1020.txt APPOINTMENT OF MEMBER TO THE - BUFFALO SEWER AUTHORITY Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby appoint, subject to confirmation by Your Honorable Body, Rodney 1. Richardson, residing at 688 Crescent Avenue, Buffalo, New York-14216, as a member of the Buffalo Sewer Authority for a tern expiring June 30, 1999. Mr. Richardson will be filling the unexpired term of Rev. Troy A. Bronner, who has resigned. Mr. Richardson is Vice-President and Regional Community Development Manager of Fleet Bank of New York, Buffalo, New York. He has held various managerial assignments with Fleet Bank since 1971 to the present. Rodney Richardson is very involved in community organizations, and has received numerous awards for his active participation, such as United Way Voluntary Community Service Award, NAACP Community Service Award, Black Achievers in Industry, etc. Mr. Richardson is a member of the Greater Buffalo Partnership, Buffalo Urban League, Inc., National Association of Urban Bankers/Buffalo Chapter, St. Peter Claver Youth Program, Inc., One Hundred Black Men Inc., etc. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Sewer Authority. REFERRED TO THE COMMITTEE ON LEGISTLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTRO LLE R. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 2 PETROLEUM SALES 650 TONAWANDA ST. POLE SIGN ITEM NO. 93, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for Billboard, ground sign or pole sign permit. The applicant seeks to erect an illuminated pole "ID" sign with reader boards 8.25'x3.67', 5.16'x4', 5.16'x7' at 24' in height. Under SEQR the proposed pole sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed pole sign at an overall height of 201 with the condition that appropriate landscaping be placed at the base of the sign. RECEIVED AND FILED NO. 3 PETROLEUM SALES 595 ONTARIO ST. POLE SIGN ITEM NO. 94, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for Billboard, ground sign or pole sign permit. The applicant seeks to erect an illuminated pole "ID" sign with reader boards 8.25'x3.67', 5.16'x4', 5.16'x7' at 24' in height. Under SEQR the proposed pole sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed pole sign at an overall height of 20' with the condition that appropriate landscaping be placed at the base of the sign. Page 3 98-1020.txt RECEIVED AND FILED NO. 4 D. CAMPIERI 256 ALLEN ST. USE AS A TAVERN ITEM NO. 95, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Allen Street District. The applicant seeks to re-establish a tavern use at 256 Allen St. after being closed for several years. Under SEQR the proposed tavern is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed tavern. RECEIVED AND FILED NO. 5 FRANKLIN ST. ASSOCIATES 45 ALLEN ST. AKA 503 FRANKLIN ST. USE AS A TAVERN ITEM NO. 96, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Allen Street District. The applicant seeks convert an existing store into a tavern with offices above at the Franklin St. side of 45 Allen St. Under SEQR the proposed tavern is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed tavern. RECEIVED AND FILED NO. 6 CANTALICIAN CNTR FOR BUFFALO 655 HERTEL AVE. COMMUNITY RESIDENCE ITEM NO. 97, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 511-94 of the Buffalo Code, Halfway houses. The applicant seeks to erect a 1 story community residence. Under SEQR the proposed community residence is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed community residence. RECEIVED AND FILED NO. 7 BUFFALO SELF STORAGE 363 DINGENS ST. POLE SIGN ITEM NO. 98, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for Billboard, ground sign or pole sign permit. The applicant seeks to erect a non-illuminated 4'x8'x14' pole "ID" sign. Under SEQR the proposed pole sign is considered an unlisted action which may be studied through uncoordinated review. Page 4 98-1020.txt The Planning Board voted to approve the proposed pole with the condition that appropriate landscaping be placed at the base of the sign. RECEIVED AND FILED NO. 8 ALI MOHAMED AGGI 1347 KENSINGTON AVE. TAKE-OUT RESTAURANT ITEM NO. 121, C.C.P. 7/21/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Kensington Bailey Business District respectively. The applicant seeks to convert an existing store into a take- out restaurant. Under SEQR the proposed take-out restaurant is considered an unlisted action which may be studied through uncoordinated review. After failing to appear at several planning board meetings, the Planning Board voted to receive and file the proposed take-out restaurant application. RECEIVED AND FILED NO. 9 M. MCCLOSKEY 162 SWAN ST. AWNING SIGN ITEM NO. 39, C.C.P. 10/6/98 The City Planning Board at its regular meeting held Tuesday, October 13, 1998, considered the matter captioned above pursuant to Section 413-56 of the Buffalo Code, Awnings, canopies or marquees. The applicant seeks encroach the right-of-way by 2' with the installation of a 4'x65' awning sign located at 162 Swan St. Under SEQR the proposed awning sign is considered an unlisted action which may be studied through uncoordinated review. he Planning Board voted to approve the proposed awning sign. RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 10 BIDS - GATES AND BUFFALO GENERAL PARKING RAMPS The current five (5) year management agreement between Allright Parking Buffalo Inc. and the City of Buffalo for the concession at the Gates Circle and Buffalo General parking ramps is about to expire October 31, 1998. The Board of Parking advertised on August 24, 1998 for new management proposals. The public bid opening was held at 11:00 a.m., September 30, 1998 in the office of the Board of Parking, 1801 City Hall. The following are the results for the public bids: Gates Circle Buffalo General Bidders Management Fee Mngnent Fee Allright Parking Buffalo Ihc. 107 Delaware Ave. - Suite One Buffalo, NY 14202 $523 $519 Buffalo Civic Auto Ramps Inc. 221 Pearl Street Page 5 98-1020.txt Buffalo, NY 14202 $800 $800 Imperial Parking 185 Franklin Street Buffalo, NY 14202 $2195 $2195 At its regular monthly meeting of October 14, 1998, the Board of Parking voted to recommend to your Honorable Body the award of new three year management agreement with Allright Parking Buffalo Inc. for the Gates Circle Parking Ramp for a monthly fee of $523 and a monthly fee for Buffalo General of $519. The Concession package bid in 1993 required the successful bidder to install a new revenue control equipment and a computerized control system in each garage. Also the bidder was required to purchase new power sweepers for each garage. The cost of said new equipment was to be amortized over 60 months (see attached). The base bid was for three (3) years, with two, one (1) year extensions. There was a buy out provision if the City canceled before the 60 months was complete. GATES CIRCLE BUFFALO GENERAL Bid Amount $2657.12 $2669.13 Amortized Equipment cost -$1444.52 -$1256.01 Management Fee $1212.75 $1413.12 REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO ARTS COMMISSION NO. 11 CHANGE ORDER # 1 FOR CONTRACT #918747700 RUSSELL-MARTI CONSERVATION SERVICES NOVEMBER 24, 1996 ITEM. 14 The Arts Commission.hereby submits to your Honorable Body the following Change Order No. 1 with Russell-Mart Conservation Services, Inc. for work related to Art Conservation Services, Contract, Contract *91874700. New York Item No. 1 Conservation treatment of a Civil War Cannon. Increase $1500.00 Conservation treatment of a General Pulaski Monument. Increase $10,000.00 Summary: Original Amount $98,425.00 Amount of Change Order No.1 Increase $11,500.00 $109,925.00 Funds are available in Account #202-402-011,and must be transferred into Account 200-402-035. The Arts Commission respectfully recommends the above Change Order be authorized by Your Honorable Body as set forth above. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 CHANGE ORDER #1 FOR CONTRACT #91921400 RUSSELL-MARTI CONSERVATION SERVICES JULY 22, 1997 ITEM #5 The Arts Commission hereby submits to your Honorable Body the following Change Order * 1 with Russell-Marti Conservation services, Inc., for work related to Art Conservation Services, Contract # 91921400. New Work Item # 1 Page 6 98-1020.txt Conservation treatment of Charles Roesch plaque. Increase: $4,500.00 Restoration to Gates Circle Lamp Posts 2,3,4,and 5. Increase $27,600.00 Conservation treatment of Gates Circle urns. Increase: $ 6,700.00 Conservation treatment of Thomas Mercer Plaque. Increase: $ 3,000.00 Restoration treatment of Statue of David. Decrease: $1,555.00 Conservation treatment of Sons & Daughters. Decrease: $1,355.00 Credit for not performing conservation treatment on George Washington statue (owned by County of Erie) Decrease:$14,130.00 Summary: Original Amount $167,280.00 Amount of Change Order No. 1 Increase $ 41,800.00 Amount of Change Order No. 1 Decrease $17,040.00. . $192,040.00 Funds are available in Account #202-402-011, and must--be transferred into Account $ 201-402-003. The Arts Commission respectfully recommends the above Change order be authorized by Your Honorable Body as set forth above. Thank You for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 13 CERTIFICATE OF NECESITY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1998 for the ensuing fiscal year, by adding the following item: 200 Capital Projects 401 Division of Engineering Elmwood Avenue Parking Lots $1,000,000 Dated: Buffalo, NY October 1, 1998 RECEIVED AND FILED NO. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS RESERVE FOR CAPITAL IMPROVEMENTS DIVISION OF BUILDINGS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $13,745.51 be transferred and reappropriated from the Reserve for Capital Improvements, as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $13,745.51 To: 81-8 Interfund Transfers Page 7 98-1020.txt 010 - Transfer to Capital Projects Fund $13,745.51 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $13,745.51 To: 201 Capital Project Fund 402 - Division of Buildings 005 - City Hall Masonry Reconstruction $13,745.51 RECEIVED AND FILED NO. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL - CITY CLERK We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,500 be transferred and reappropriated within the Division of City Clerk, as set forth below: From: 100 General Fund 01 - Common Council 1 - City Clerk 002 - Office of Telecommunications 110 - Salaries - Regular $2,500 To: 100 General Fund 01 - Common Council 1 - City Clerk 001 - City Clerk 302 - Transportation $1,000 305 - Meals & Lodging $1,000 306 - Registration Fees & Dues $500 Dated: Buffalo, NY, October 1, 1998 RECEIVED AND FILED NO. 16 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PARKING ENFORCEMENT TREASURY We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $25,000 be transferred and reappropriated from Parking Enforcement, as set forth below: From: 100 General Fund 06 - Department of Administration & Finance 4 - Division of Parking Enforcement 013 - Parking Meters & Enforcement 112 - Temporary Services $25,000 To: 100 General Fund 06 - Department of Administration & Finance 5 - Division of Treasury 001 - Treasury 112 - Temporary Services $25,000 Dated:Buffalo, NY, October 6, 1998 RECEIVED AND FILED NO. 17 INTERFUND LOAN Page 8 98-1020.txt Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of -the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have two 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 $170,000, Renovations Citywide Playground (Tow Path), $3,400,000, Shea's Theater - Stage Expansion. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Re-payment Date Total 100200 General Capital 203-717-003 BAN/Bond Sale $170,000 Projects 100 200 Capital General Projects 203-402-016 BAN/Bond Sale $ 3,400,000 Mrs. LoTempio moved: That the above communication from the Comptroller dated October 15, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to make interfund cash loans from the General Fund to the City's Capital Projects Fund in the amount of $170,000, Renovations Citywide Playground (Tow Path), $3,400,000, Shea's Theater - Stage Expansion. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. Passed AYES-13, NOES-0 NO. 18 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $87,534.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 100 - General Fund TO: 200 - Capital Projects Fund ACCOUNT NO.: 203-717-501-00-000 GRANT TITLE: Tow Path Park GRANT AGENCY: NYS Environmental Quality Bond Act GRANT AMOUNT: $87,534.00 LOAN AMOUNT: $87,534.00 Estimated Date of Repayment: June 1999 Mrs. LoTempio moved: That the above communication from the Comptroller dated September 28, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $87,534.00 (Tow Path Park Grant). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. Passed AYES-13, NOES-0 NO. 19 CERTIFICATE OF NECESSITY Page 9 98-1020.txt TRANSFER OF FUNDS Fringe Benefits - Reserve for Agreements with City Unions Common Council, Mayor and Comptroller We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $128,700 be transferred and reappropriated from Fringe Benefits - Reserve for Agreements with City Unions, as set forth below: From: 100 - General Fund 813 - Fringe Benefits 176 - Reserve for Agreements with City Unions $128,700 To: 100 General Fund 01 - Common Council 1 - Legislative 002 - Councilmember 2 $ 7,937 003 - Councilmember 3 $ 7,937 004 - Legislation Committee Chairman $0 005 - Civil Service Committee Chairman $ 7,937 006 - Councilmember 6 $ 7,937 007 - Education Committee Chairman $ 7,937 008 - Minority Leader $ 7,937 009 - Finance Committee Chairman $ 7,937 010 - Claims Committee Chairman $ 7,937 011 - Councilmember II $ 7,937 012 - Majority Leader $ 7,937 013 - Community Development Committee Chairman $ 7,937 02 - President of Common Council 0 - Legislative 001 -Legislative $21,270 03 - Mayor and Executive Department 0 - Executive 001 -Executive Function $20,123 04 - Department of Audit and Control 0 - Comptroller 001 -Comptroller $ 0 Dated:Buffalo, NY, October 15, 1998 RECEIVED AND FILED NO. 20 Certificate of Necessity Increased Appropriation Fund Balance Police We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $391,000 in the estimates for the fiscal year beginning July 1, 1998 is necessary in Appropriation Allotments - Department of Police, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from account 100-890-060 Fund Balance Unreserved, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 100 General Fund 20 - Department of Police 1 - Police Administration 085 - Exempt Items 981 - Passenger Cars & Other Vehicles Police Cars Adaptation of Cars $ 50,000 Page 10 98-1020.txt Dated:Buffalo, NY, October 15, 1998 RECEIVED AND FILED NO. 21 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DEPARTMENT OF POLICE We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that increases in the sums of $12,000, $5,000 and $5,000 in the estimates for the fiscal year beginning July 1, 1998 are necessary in Appropriation Allotments for the Department of Police - Clothing and Uniforms and Public Relations, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $22,000 in the General City Revenue account 100- 200-402-62032 - Deposit of Unclaimed Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 100 General Fund 20 - Department of Police 1 - Police Administration 021 - Administration and Communications 427 - Clothing and Uniforms $12,000 100 General Fund 20 - Department of Police 1- Police Administration 12 -Patrol Services 427 - Clothing and Uniforms $5,000 100 General Fund 20 - Department of Police 1 - Police Administration 001 - Office of the Police Commissioner 586 - Public Relations $5,000 Dated:Buffalo, NY, October 15, 1998 RECEIVED AND FILED NO. 22 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $736,691 be transferred and reappropriated from the Department of Community Development Capital Projects Fund, as set forth below: The amount to be transfer-red represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 203 Capital Projects Fund 717 - Department of Community Development 001- Demolitions $736,691 To: 203 Capital Projects Fund 402 - Division of Buildings 500 - City Demolitions $736,691 Dated:Buffalo, NY October 15, 1998 RECEIVED AND FILED Page 11 98-1020.txt FROM THE PRESIDENT OF THE COUNCIL NO. 23 APPOINTMENT TO KENSINGTON HEIGHTS REDEVELOPMENT COMMITTEE The Kensington Heights housing project has been vacant for nearly twenty years. This New York State Housings Development once housed families in 460 units of midrise towers, which have remained in fairly good repair without any maintenance. As one of four "State Developments" in the City, Kensington Heights is the only one left that is unoccupied and without any plans for redevelopment. The former Ellicott Mall, is now Ellicott Towne Center; Frederick Douglas Towers is partially vacant, however, there are plans to provide a redevelopment plan within the next 6 months; the Ferry-Grider apartments are scheduled to be completely renovated! Kensington Heights is the only development where there has been no consistent movement towards a plan. During the past year several developers have expressed interest in becoming involved with Kensington Heights. The Buffalo Municipal Housing Authority issued a Request for Proposal some time ago, but the process has not come to closure. Located at Kensington and Fillmore atop the Kensington Expressway, this housing site is poised to be a major factor in the redevelopment of that part of the Masten District. The relative remoteness of the site and its accessibility to the Expressway in addition to being on major bus routes provides a unique advantage to redevelopment prospects. Additionally, it is located in the shadow of the Erie County Medical Center and next to a park. This means that the project has viability for mixed uses, which would meld into the surrounding environment, meeting needs which have gone wanting. If Kensington Heights is to evolve out of its present state of latency, a push and or pull is needed! This was the case with the old Ellicott Mall project. The push there was to form a redevelopment committee of all concerned and thus a plan which involved a private developer. Although the push and pulls took many years, Ellicott Towne Center is a centerpiece of redevelopment for the City and the State of New York. Councilmember Brown has proposed a Master Plan for the redevelopment of the Masten District; the Kensington Heights Project is viewed as a key component to realizing his goals and, importantly, the community's expectation to turn things around! In order to start the push/pull process to the redevelopment of Kensington Heights I am appointing a Redevelopment Committee which will have the responsibility of developing and ultimately implementing a plan for Kensington Heights. The following members of this committee represents a cross-section of interest that Councilmember Brown especially sees as essential in making this project happen. The appointees are: Councilmember Byron Brown - Chairman Councilmember at Large Beverly Gray Councilmember at Large Barbara Kavanaugh Councilmember at Large Rosemarie LoTempio Rev. Darius Pridgen - Pastor, True Bethel Baptist Church, 907 E. Ferry Street Richard Gillert - U.R.S. Greiner, 282 Delaware Avenue Luther Walker, President - Delevan/Grider Block Club Council, 62 Carl Street Scott Turner, Owner - Parkside Computing, 1598 Hertel Page 12 98-1020.txt Avenue Sherrill Colston, Commissioner - Buffalo Municipal Housing Authority - This committee will meet regularly during the next 90 days. It will develop a Request for Proposal, interview respondents and report back to the Common Council with a preliminary plan for Kensington Heights. During this period the committee will work with the Buffalo Municipal Housing Authority and all other parties who have expressed an interest. RECEIVED AND FILED NO. 24 APPOINTMENT TO THE BUFFALO PEST MANAGEMENT BOARD I am appointing William Nowak to the Buffalo Pest Management Board. Mr. Nowak left his position with the Common Council Staff to take a position with the New York League of Conservation Voters. As you know, Mr. Nowak's specialty as a staff member was in environmental issues. He was a founder of the Pest Management Board and has worked diligently to develop a pesticide free city ordinance. Mr. Nowak resides at 17 Putnam Street, Buffalo, New York 14213 and is exceptionally qualified to serve. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS NO. 25 NOTIFICATION SERIAL # 9074 NO STANDING - REPEAL ON DELAWARE AVENUE, WEST SIDE FROM WEST HURON STREET TO A POINT 255' SOUTH THEREFROM 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 state 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 PROHIBITED PORT. OF HGHWY PROH. PERIOD - DAILY Delaware Avenue, west side 7:00 a.m. to 7:00 p.m. from West Huron Street except Sunday to a point 255' south therefromThis action is being taken by request of James C. Jackson, Staff Director, Protection Division of the Federal Reserve Bank in order t upgrade security around the perimeter of a federal facility. (see next 4 serials) NOTIFICATION SERIAL # 9075 INSTALL NO STANDING ON DELAWARE AVENUE, WEST SIDE BETWEEN WEST HURON STREET AND WEST MOHAWK STREET in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. Page 13 98-1020.txt That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following:NO STANDING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Delaware Avenue, west side at all times between West Huron Street and West Mohawk Street This action is being taken by request of James C. Jackson, Staff Director, Protection Division of the Federal Reserve Bank in order to upgrade security around the perimeter of a federal facility. (see previous and next 3 serials) NOTIFICATION SERIAL # 9076 NO STANDING - REPEAL ON SOUTH ELMWOOD AVENUE, EAST SIDE FROM WEST CHIPPEWA STREET TO JERGE DRIVE 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 - DAILY South Elmwood Avenue, east side 7:00 a.m. to 7:00 p.m. from West Chippewa Street except Sunday to Jerge Drive This action is being taken by request of James C. Jackson, Staff Director, Protection Division of the Federal Reserve Bank in order to upgrade security around the perimeter of a federal facility.(see previous 2 and next 2 serials) NOTIFICATION SERIAL # 9077 NO STANDING - REPEAL ON SOUTH ELMWOOD AVENUE, EAST SIDE FROM WEST CHIPPEWA STREET TO A POINT 140' SOUTH 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 PROH. PTN OF HIGHWAY PROH. PERIOD - DAILY South Elmwood Avenue, east side At all times from West Chippewa Street to a point 140' south therefrom This action is being taken by request of James C. Jackson, Staff Director, Protection Division of the Federal Reserve Bank in order to upgrade security around the perimeter of a federal facility. Page 14 98-1020.txt (see previous 3 and next serial) NOTIFICATION SERIAL 9078 INSTALL NO STANDING ON SOUTH ELMWOOD AVENUE, EAST SIDE BETWEEN NIAGARA STREET AND WEST CHIPPEWA STREET NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HIGHWAY PROH. PERIOD South Elmwood Avenue, east side at all times between Niagara Street and West Chippewa Street This action is being taken by request of James C. Jackson, Staff Director, Protection Division of the Federal Reserve Bank in order to upgrade security around the perimeter of a federal facility. (see previous 4 serials) NOTIFICATION SERIAL #9083 NO STANDING - REPEAL ON SENECA STREET - SOUTH SIDE FROM MICHIGAN AVENUE TO A POINT 175' EAST 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 PROH. PORTION OF HIGHWAY PROH. PERIOD - DAILY Seneca Street, south side At all times from Michigan Avenue to a point 175' east therefrom This action is being taken in order to prohibit parking on the south side of Seneca Street between Michigan Aveenue and North Carroll Place and on the north side of Seneca Street between Butler Place and Elmira Place per request from Police Commissioner Rocco Diina. It is needed to facilitate the safe crossing of ECC students. (see next 2 serials) NOTIFICATION SERIAL 9084 INSTALL NO STANDING ON SENECA STREET - SOUTH SIDE BETWEEN MICHIGAN AVENUE AND NORTH CARROLL PLACE NO STANDING - 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 Page 15 98-1020.txt 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 adding thereto the following NO STANDING PROH. PORTION OF HIGHWAY PROH. PERIOD Seneca Street, south side At all times between Michigan Avenue and North Carroll Place This action is being taken per the request of Police Commissioner Rocco Diina in order to facilitate the safe crossing of ECC students parking in the lots along Seneca Street. (see previous serial and next serial) NOTIFICATION SERIAL #9085 INSTALL NO STANDING ON SENECA STREET - NORTH SIDE BETWEEN BUTLER PLACE AND ELMIRA PLACE NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following NO STANDING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Seneca Street, north side At all times between Butler Place and Elmira Place This action is being taken per the request of Police Commissioner Rocco Diina in order to facilitate the safe crossing of ECC students parking in the lots along Seneca Street. (see previous 2 serials) REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 26 REPORT OF BIDS THE REPLACEMENT OF TREE ROOT DAMAGED SIDEWALK IN THE UNIVERSITY DISTRICT - GROUP #486 ITEM# 56 C.C.P. 9/8/98 This is to advise your Honorable Body that I have advertised and received bids on June 10, 1998 for the Replacement of Tree Root Damaged Sidewalk in the University District - Group #486. In obtaining bids for the above project. I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase P&J Construction Co., Inc. $192,465.00 $211,711.50 Mario Campanella Conc. Const., Inc. $215,695.00 $234,941.50 C&C Contractors, Inc. $217,725.00 Page 16 98-1020.txt $236,971.50 Sunshine Concrete $226,250.00 $245,496.50 Campobello Const. $229,690.00 $248,936.50 Master's Edge, Inc. $234,650.00 $253,896.50 MPJ Contracting, Inc. $300,727.50 $319,974.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is P&J Construction. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Funds 201-401-002 & 202-401-002 in an amount of $192,465.00 plus approved unit prices not to exceed $19,246.50 as per Item #126 C.C.P. 3/3/98 for a total encumbrance of $211,711.50. The engineer's estimate for this work is $200,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 30, 1998. Individual bid submissions are available in our office for inspection and copies are available upon request. Also attached is an itemized list of locations for your review. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 15, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Replacement of Tree Root, Damaged Sidewalk in the University District, Group #486 to P&J Construction, Co., Inc. the lowest responsible bidder, in an amount of $192,465.00 plus approved unit prices not to exceed $19,246.50 as per Item No. 126, C.C.P., 3/3/98, for a total encumbrance of $211,711.50. Funds for this project are available in the Capital Projects Funds 201-401-002 & 202-401-002. PASSED. AYES-13. NOES-0. NO. 27 EMERGENCY BIDS - REMOVAL OF MATERIALS SQUAW ISLAND LANDFILL After a fire on August 2, 1998, the Fire Department requested that we remove trash and other materials from the West Side Transfer Station as soon as possible. On August 5, 1998, we received informal bids for this purpose. The following is a re-cap of the bids received: C.I.D. Refuse Service $ 10.00 per ton Modern Disposal $ 14.23 per ton Buffalo Fuel Corporation $ 31.00 per ton Based on these bids, I awarded the contract to C.I.D. Refuse Service at an amount not to exceed $20,000.00. Funds for this work are available in Capital Project Account #202-401-005. We respectfully request that your Honorable Body authorize the Comptroller to encumber said contract in an amount not to exceed $20,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 15, 1998, be received and filed; and Page 17 98-1020.txt That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Removal of Materials Squaw Island Landfill, to C.I.D. Refuse Service, the lowest responsible bidder, in the amount of $10.00 per ton; such contract shall not exceed $20,000.00. Funds for the project are available in Capital Project Account #202-401-005. PASSED. AYES-13. NOES-0. NO. 28 CHANGE IN CONTRACT RECONSTRUCTION OF BROADWAY MARKET PHASE II ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Reconstruction of Broadway Market, Phase 11, Electrical Work, Grand Island Electric, C #919501 00. 1. Provide power to new automatic doors. Add $ 960.25 The foregoing change results in a net increase in the contract of Nine Hundred Sixty and 25/100 Dollars ($960.25). Summary: Original Amount of Contract $103,829.00 Change Order #1 (CCP 9/22/98, item #33) Add $ 17,432.39 Amount of This Change (No. 1) Add $960.25 Revised Amount of Contract $122,221.64 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (DiDonato Associates, PE, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 202-402-002 - 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 October 2, 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 Grand Island Electric, an increase in the amount of $960.25, as more fully described in the above communication, for work relating to Reconstruction of Broadway Market, Phase II, Electrical Work, C #91950100. Funds for this project are available in 202-402-002 Division of Buildings. PASSED. AYES-13. NOES-0. NO. 29 CHANGE IN CONTRACT CHANGE ORDER NO. I RECONSTRUCTION OF CURBS & SIDEWALKS - 1998 GROUP #474 C. DESTRO DEVELOPMENT, INC. CONTRACT NO. 91959201 ITEM NO. 134, 3/17/98 I hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to make improvements to the location listed below - including concrete curbing, concrete sidewalk, pavement base and landscaping. Page 18 98-1020.txt Change Order No. I Location:Vulcan Street (South Side) - Niagara to Tonawanda Cost:$43,991.70 Contract Unit Estimated Estimated Item Description Unit Price Quantity Cost 02.110 Unc.Excavation Cu.Yd. $10.00 134.65 $1,346.50 04.150 Asphalt Concrete - hand laid Tons $65.00 120.12 $7,807.80 R05.11O Cement Concrete Base Cu.Yd. $100.00 8.07 $807.00 R05.204 Concrete Sidewalk 4" replace Sq. Ft. $3.00 533.05 $1,599.15 R05.206 Concrete Sidewalk 6" replace Sq. Ft. $3.50 149.50 $523.25 05.424 Sawing Concrete (</= 4 inch) Lin. Ft. $3.00 1,242.00 $3,726.00 R07.506 Concrete Curb - 6" replace Lin. Ft. $15.00 1,107.00 $16,605.00 R07.506R Concrete Curb - 6" Radius Repl Lin. Ft. $20.00 42.00 $840.00 Underdrain Pipe Lin. Ft. $4.00 1,128.00 $4,512.00 08.314 Rec. Reset Each $500.00 1 $500.00 11.110 Seeding & Fertilizer Sq. Ft. $0.10 10,000 $1,000.00 613.101 Topsoil Cu. Yd . $25.00 189.00 $4,725.00 Total $43,991.70 Contract Summary Original Contract Amount $589,407.00 Change Order No. 1 $ 43,991.70 Total Contract $633,398.70 Funds for this change order of $43,991.70 are available in Division of Engineering Bond Fund Account 4202-401 002-00- 000. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to C. Destro Development, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 8, 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 C. Destro Development, Inc., an increase in the amount of $43,991.70, as more fully described in the above communication, for work relating to Reconstruction of Curbs and Sidewalks 1998, Group #474, Contract No. 91959201. Funds for this project are available in Division of Engineering Bond Fund Account #202-401-002-00-000. PASSED. AYES-13. NOES-0. NO. 30 CHANGE IN CONTRACT RECONSTRUCTION OF POLONIA HALL HVAC WORK I hereby submit to Your Honorable Body the following changes Page 19 98-1020.txt for the Reconstruction of Polonia Hall, HVAC Work, Mollenberg Betz, Inc., C #91977600. 1 .Replace 37 steam traps with self-contained control valve units on existing convectors. Add $4,160.00 2.Credit for not relocating 3" low pressure steam pipe in basement storeroom. Deduct $1,580.00 3.Install new convector element and trap to the second floor front stairhall unit. Add $ 380.00 The foregoing change results in a net increase in the contract of Two Thousand Nine Hundred Sixty and 00/100 Dollars ($2,960.00). Summary: Original Amount of Contract $ 37,000.00 Amount of This Change (No. 1) Add $ 2,960.00 Revised Amount of Contract $ 39,960.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 203-402-501 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 6, 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 Mollenberg Betz, Inc., an increase in the amount of $2,960.00, as more fully described in the above communication, for work relating to Reconstruction of Polonia Hall, RVAC Work, C # 91977600. Funds for this project are available in 203-402-501 Division of Buildings. PASSED. AYES-13. NOES-0. NO. 31 CHANGE IN CONTRACT ROOF REPLACEMENT NORTH BUFFALO, CARMICHAEL, HENNEPIN COMMUNITY CENTERS I hereby submit to Your Honorable Body the following changes for the Roof Replacement, North Buffalo, Carmichael, Hennepin Community Centers, Weaver Metal and Roofing, Inc., C #91956600. 1 .Repair broken vent pipe over Men's Locker Room at North Buffalo Community Center Add $111.00 2. Replace deteriorated metal deck, install additional galvanized steel roof edge, wood blocking, and insulation at Carmichael Community Center Add $3,570.80 3. Install additional wood blocking at Hennepin Park Community Center Add $156.75 4. Credit for job photographs not provided. Deduct $200.00 5. Roof deck allowance provided in contract. Deduct $15,000.00 The foregoing change results in a net decrease in the contract of Eleven Thousand Three Hundred Sixty One and 65/100 Dollars ($11,361.65). Summary: Original Amount of Contract $ 393,000.00 Amount of This Change (No. 1) Deduct $ 11,361.65 Revised Amount of Contract $ 381,638.35 These changes could not be foreseen at the time contract was Page 20 98-1020.txt let. Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 203-402-501 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 13, 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 Weaver Metal and Roofing, Inc., a decrease in the amount of $11,361.65, as more fully described in the above communication, for work relating to Roof Replacement, North Buffalo, Carmichael, Hennepin Community Centers, C #91956600. Funds for this project are to be credited to 203- 402-501 Division of Buildings. PASSED. AYES-13. NOES-0. NO. 32 REDUCTION IN RETENTION CONTRACT NO. 91959300 THE STRIPING OF VARIOUS CITY STREETS CROSSWALKS - 1998 I hereby submit to Your Honorable Body the following request for a reduction in retention for the subject contract. The contractor has completed the majority of the project, with remaining portion of the contract to be completed in the spring of 1999 due to time and temperature requirements. It is respectfully requested that Your Honorable Body authorize a reduction in retention from the standard 10% ($4,772.77) to 1% ($477.28) for Buffalo Sewer and Striping Company, Contract No. 91959300. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 15, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to reduce the retention from 10% ($4,772.77) to 1% ($477.28) for Buffalo Sewer and Striping Company, for the Striping of Various City Streets Crosswalks - 1998, Contract No. 91959300. PASSED. AYES-13. NOES-0. NO. 33 SHEA'S BUFFALO THEATRE STAGE EXPANSION In Item No. 120, C.C.P. January 6, 1998, Your Honorable Body authorized an additional $3,400,000 towards the Shea's Buffalo Theatre Expansion. This Capital Budget Amendment was presented and approved with the understanding that the City would be partially reimbursed by $3,100,000 grants from the State of New York. Our Construction Managers, Ciminelli Cowper Company, Inc., have advised us that they are currently projecting a $650,000 project deficit. Should this deficit materialize, we will not be able to utilize the entire State Grant to reimburse our capital expenditures. Only $2,350,000 would be available for that reimbursement. The original sources of funds for the project was as follows: Page 21 98-1020.txt City of Buffalo $ 4,395,000 State of New York 3,100,000 Shea's O'Connell Preservation Guild 7,382,908 $14,877,908 We respectfully request that Your Honorable Body now approve the following sources of funds: City of Buffalo $ 5,045,000 State of New York 3,100,000 Shea's O'Connell Preservation Guild 7,382,908 $15,527,908 The net result of this change will be an additional $650,000 of City funds invested into this project. Attached for your review is the Total Project Budget Analysis prepared by Ciminelli Cowper as of October 7, 1998. REFERRED TO THE COMMITTEE ON FINANCE. NO. 34 AUDIT - PW-DELAWARE PARK CASINO LEASE ITEM NO. 11, CCP 10/06/98 The above referenced item has been submitted to this Department by the Council with a request for comments and/or recommendations. Please be advised that this Department has reviewed the audit and is in agreement with the audit recommendations. As recommended, this Department will issue an accounts receivable invoice in the amount of $5,258.49 and will issue an accounts receivable invoice on June 1st of each year for the guaranteed rental revenue due according to the lease agreement. In addition, we have been working on the separation of electric service between the Casino and Shakespeare to resolve that issue. REFERRED To THE COMMITTEE ON FINANCE NO. 35 118 EAST UTICA STREET: AWNING WITHIN RIGHT-OF-WAY Mr. Charles Lynch of Robert Traynham Coles Architects, acting as agent for Friends to the Elderly, Inc., located at 1 1 8 East Utica Street, has requested permission to install an awning which would encroach City right-of-way at said address. The proposed awning would measure six feet in length, one foot six inches in height, and project four feet from the building face into City right-of-way. The Department of Public Works has reviewed this request pursuant to Chapter 413-56 (Awnings, Canopies and Marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" to the applicant, Friends to the Elderly, Inc., provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond 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 awning. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 15, 1998, be received and filed; Page 22 98-1020.txt and That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Charles Lynch of Traynham Coles Architects, acting as agent for Friends to the Elderly, Inc., located at 118 East Utica Street, to install an awning, 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 STATUS REPORT ON SQUAW ISLAND ITEM NO. 269, C.C.P. OF 7/21/98 This is in response to the subject item which requested a status report on Squaw Island and information regarding the Parker Bay Consultant Contract. In regard to Squaw Island the project is basically split into two areas north and south of the Canadian National Railroad Bridge and tracks. As of this date, Phase I involving remediation of the south end is essentially complete with the installation of a 40 ml polyethylene liner and 12 inch thick barrier protection soil layer over the former landfill area. We are presently awaiting final comments from the NYSDEC prior to moving ahead with demolition of the West Side Transfer Station and development of a multi playfield park facility on the south end. It is our intention to bid the demolition work later this Fall and the south end park in the Spring of 1999. The north end of this project is planned to be a passive recreational park with a large central meadow, nature-hiking trails, wooded areas, fishing on the Niagara River/interior ponds and selective low maintenance landscaping. This concept has been approved in principal by the North District Waterfront Review Committee and pending review of fish sampling data from the ponds by NYSDEC, we are prepared to move ahead with final plans. Presently, City Capital Funds are available for demolition of the transfer station and development of the recreational park on the south end. We are anticipating a $1 Million Dollar grant from the New York State Clean Water/Clean Air Bond and this, combined with future Capital Budget requests by our department, will provide funding for future phases. Keep in mind that all work being done on this project is mandated by an executed consent order between NYSDEC and the City of Buffalo. As for the Parker Bay Consultant Contract, a summary is as follows: 1 .Parker Bay lease for composting and recycling was extended by your Honorable Body for five years by Item #220 of CCP 9/5/95. 2.NYSDEC inspected the site on 9/22/97 and wrote Parker Bay a notice of violation letter on 10/15/97. Violations included uncontrolled blowing litter, inadequate/improper storage of solid waste, unauthorized outside storage of plaster molds, glass, plastics, etc., all waste not removed within 72 hours, area not maintained in a neat and orderly appearance and untimely permit renewal applications. 3.1 1/7/97 letter from the City to Parker Bay informing them that the City viewed the violations as a breach of contract. As per terms of the lease with Parker Bay the City chose to declare Parker Bay in default. Parker Bay was given 30 days from postmark to cure the default or Page 23 98-1020.txt the contract would be terminated. 4.The default notice prompted several meetings and negotiations with Parker Bay which resulted in nothing being resolved. 5.2/27/98 letter from Parker Bay advising City that as of 4:00 p.m. Friday 2/27/98 all operations at Squaw Island would be closed. Letter cited the City for breach of contract, failure to make timely payments and commercial defamation. 6.Upon inspection of the site, it was revealed that the entire tipping floor area was full of bulky residential trash and waste. City advised Parker Bay's attorney that additional materials have been bought on site and should be removed or the City will remove and seek reimbursement. 7.3/23/98certified letter from NYSDEC to Parker Bay regarding an inspection done on 3/5/98 to assess conditions and determine what actions may be necessary to properly close and secure the sight. The inspection report documented large volumes of waste material left on site, violations of special permit conditions and the additional trash brought on site in the building. 8. Arson fire at the site on 8/2/98 which prompted our department to take emergency bids for trash removal from the building. 9.C.I.D. low bidder to load and haul trash at $1 0.00 per ton. As of this date, 1700 + tons of trash have been removed and disposed of at the Modern Landfill at the city rate of $26-00 per ton. Costs to date as follows: Loading and Hauling $10.00 ton x 1,700 = $17,000 + Disposal $26.00 ton x 1,700 = $44,200 + Total $61,200 Be advised that the above figure does not include the large outside piles of wood, plaster, glass, plastic and metals. It is anticipated that some of these materials will be utilized as fill during demolition. We will keep track of all costs of remediation attributed to Parker Bay's operations and advise the Corporation Counsel of our findings. As previously mentioned, we are currently awaiting final comments from NYSDEC prior to proceeding with demolition and grading. Disposal costs for other materials on site will be documented as part of the project. REFERRED TO THE COMMITTEE ON FINANCE NO. 37 APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS - N. CARUSO Mr. Norman Caruso, Caulker (Permanent) in the Division of Water has been on disability since 7/22/98 to the present. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Caruso is entitled to a difference in pay. The normal salary for 10 days is $1110.65 (based on the daily rate of $111.065). Less deductions for Federal Tax - $105.40, State Tax - $26.76, FICA/Med. - $84.96 and New York State Retirement Contribution - $33.32 for a total deductions of $250.44. The payment from the Compensation Carrier is $800.00 biweekly making the difference due the employee of Page 24 98-1020.txt $60.21 bi-weekly. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 7, 1998 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Norman Caruso, Caulker in the Division of Water in the amount of $60.21 bi-weekly for difference in pay allowance under the provisions of the Workers' Compensation Law from July 22, 1998 to the present for a period not to exceed six months. PASSED. AYES-13. NOES-0. NO. 38 APPROVAL TO SUBMIT A SUPPLEMENTALFOR PAYMENT OF A SUM EQUAL TO THEDIFFERENCE BETWEEN WAGES ANDCOMPENSATION BENEFITS - S. GUIDICE Mr. Salvatore Giudice, Senior Water Service Worker (Permanent) in the Division of Water has been on disability since 9/22/98 to the present. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Giudice is entitled to a difference in pay. The normal salary for 10 days is $1,071.26 (based on the daily rate of $107.126). Less deductions for Federal Tax $135.67, State Tax - $38.43, FICA/Med. - $81.95 and New York State Retirement Contribution $32.14 for a total deductions of $288.19. The payment from the Compensation Carrier is $740.86 bi--weekly making the difference due the employee of $42.21. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 7, 1998 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Salvatore Giudice, Senior Water Service Worker in the Division of Water in the amount of $42.21 for difference in pay allowance under the provisions of the Workers' Compensation Law from September 22, 1998 to the present for a period not to exceed six months. PASSED. AYES-13. NOES-0/ NO. 39APPROVAL TO SUBMIT A SUPPLEMENTALFOR PAYMENT OF A SUM EQUAL TO THEDIFFERENCE BETWEEN WAGES ANDCOMPENSATION BENEFITS - P. MARTIN Mr. Patrick Martin, Caulker Supervisor (Permanent) in the Division of Water has been on disability since 9/2/98 to the present. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Martin is entitled to a difference in pay. The normal salary for 10 days is $1,282.49 (based on the daily rate of $128.249). Less deductions for Federal Tax $118.25, Stare Tax - $47.63, FICA/Med. - $98.11 and New York State Retirement Contribution $38.47 for a total deductions of $302.46. The payment from the Page 25 98-1020.txt Compensation Carrier is $800.00 bi-weekly making the difference due the employee of $180.01 bi-weekly. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 7, 1998 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Patrick Martin, Caulker Supervisor in the Division of Water in the amount of $180.01 bi-weekly for difference in pay allowance under the provisions of the Workers' Compensation Law from September 2, 1998 to the present for a period not to exceed six months. PASSED. AYES-13. NOES-0. NO. 40 APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS - T. STONE Mr. Timothy Stone, Caulker (Permanent) in the Division of Water has been on disability since 1 7/30/98- Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Stone is entitled to a difference in pay. The normal salary for days is $1110.65 (based on the daily rate of $111. 065) . Less deductions for Federal Tax $77.67, State Tax - $33.79, FICA/Med. - $84.96 and New York State Retirement Contribution $33.32 for total deductions of $229.74. The payment from the Compensation Carrier is $800.00 bi weekly making the difference due the employee of $80.91 bi-weekly. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 6, 1998 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Timothy Stone, Caulker in the Division of Water in the amount of $80.91 bi-weekly for difference in pay allowance under the provisions of the Workers' Compensation Law from July 30, 1998 for a period not to exceed six months. PASSED, AYES-13. NOES-0. NO. 41 APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES ANDCOMPENSATION BENEFITS - J. SZCZEPANSKI Mr. Jerome Szczepanski, Caulker (Permanent) in the Division of Water has been on disability, since 8/10/98 to the present. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Szczepanski is entitled to a difference in pay. The normal salary for 10 days is $1110.65 (based on the daily rate of $111.065). Less deductions for Federal Tax - $115.14, State Tax - $37.20, FICA/Med. - $84.96 and New York State Retirement Contribution - $33.32 for total deductions of $270.62. The payment from the Compensation Page 26 98-1020.txt Carrier is $800.00 bi-weekly making the difference due the employee of $40.03 bi-weekly. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 6, 1998 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Jerome Szczepanski, Caulker in the Division of Water in the amount of $40-03 bi-weekly for difference in pay allowance under the provisions of the Workers' Compensation Law from August 10, 1998 to the present for a period not to exceed six months. PASSED. AYES-13. NOES-0. FROM THE COMMISSIONER OF POLICE NO. 42 CHANGE SHIFT HOURS FOR BUFFALO POLICE DEPT. CCP# 205 , MARCH 3, 1998 Included in the City's Contract Proposals for 1998/99 was a provision which will provide more flexibility in the assignment of schedules for Officers in the Patrol Division. Another proposal asked for changes in the shifts currently worked by Headquarters personnel. Negotiations for this contract have only recently begun, however I inform the Council of any progress or an outcome regarding this issue. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE - NO. 43JUSTICE DEPARTMENT GRANTS]ITEM # 262, C.C.P. SEPTEMBER 22, 1998 In response to your request for information regarding the Local Law Enforcement Block Grant I am forwarding a narrative which describes the Police Departments Program. This funding will provide police vehicles, computer hardware for Professional Standards Division, police radios, refurbishing Central Booking, vehicle safety equipment, MIS/GIS graduate assistants, a domestic violence advocate, and a prosecutor to assist prosecution of violent juvenile offenders. I have also forwarded a Bureau of Justice Assistance Fact Sheet which explains the program goals and guidelines. The Department proposal provides equipment to enable our officers to perform their duties more effectively, physical plant changes which will speed the booking process and return Officers to the street more quickly, and support functions which will help this Department continue to provide professional police service for the residents of our City. If you have any further questions you can contact Kevin Comerford , Chief of Staff at 851-4963 or the Grants Office, Maureen Oakley at 851-4475. REFERRED TO THE COMMITTEE ON FINANCE NO. 44 POLICE UNIFORM POLICYNO. 251, SEPT. 22, 1998 NO. 132, DEC. 9, 1997;NO. 134, NOV. 25 1997 I have included correspondence which indicates the Council changed the City Charter section as it applies to the wearing of police uniforms and use of other equipment (No. 134 11/25/97) and the fact this legislation was passed by the Council on December 9, 1997 (item No. 132). Due to an oversight this legislation was never reflected in the Charter Page 27 98-1020.txt itself. Our understanding is that this is being corrected now. RECEIVED AND FILED. NO. 45 POLICE USE OF FORCECCP# 204, DECEMBER 23, 1997 In response to your request I have included a table which shows the total number of complaints filed at Professional Standards Division (PSD) from 1994 through 1997. I have also included a table which shows the total number of complaints broken down by type (physical and chemical). As for the mechanisms in place to monitor this activity, internally, the Commissioner is in daily contact with PSD and receives monthly reports regarding the number and nature of complaints received. At the same time this Department has requested funding through the Local Law Enforcement Block Grant Program to computerize the record keeping in PSD to allow tracking for all complaints made to PSD. The Department also is in the process of developing a report which will document every time force is used in the performance of police duties. Over the past four years the Department has developed a training program of defensive tactics to provide our Officers with different skills before physical force becomes necessary. The Department spends a great deal of time providing our Officers with alternatives regarding the use of force ranging from verbal judo (formerly Strategic Communications) to soft- hand take down techniques. At the same time the Department has upgraded the force alternatives (pepper spray) and has equipped most of the Department with 9mm weapons. The City has also invested in a Firearms Training System (FATS) that trains Officers in the not only the appropriate use of force, but the decision making involved in this process. As for your question regarding an estimate on the number of physical force incidents, it is much less the number of incidents rather the appropriateness of the use of force which is important. To that end I believe our numbers reflect the Department commitment to training and the development of alternative skills to avoid the inappropriate use of force. Finally, I have forwarded the Department Training Bulletin regarding the Use of Force, Chemical Agent Use and Positional Asphyxia. If we can be of any further assistance, please contact my Office. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT NO. 46 CERTIFICATE OF APPOINTMENT Appointments Effective: October 1, 1998 in the Department of Police to the Position of Cellblock Attendant, Permanent, at the Intermediate Starting Salary of: $24,322 Richard L. Welch, 189 Hastings, Buffalo, New York 14215 Clark S. Saltz, 512 St. Lawrence St., Buffalo, New York 14216 Jennifer M. Weyand, 8 Como Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 47 REVIEW OF NOMINEE FORMUNICIPAL CIVIL SERVICE COMMISSIONC.C.P., 9/22/98, NO. 1 The Corporation Counsel conferred with the Division Page 28 98-1020.txt of Collections and reports (as verified by that Division as of October 1, 1998) that the following nominee for appointment to the Municipal Civil Service Commission has no outstanding debts to the City: Richard A. Grimm III, RECEIVED AND FILED. NO. 48REVIEW OF NOMINEES FORBUFFALO PRESERVATION BOARD C.C.P., 9/22/98 NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of October 1, 1998) that the following nominees for re- appointment or appointment (in the case of Christopher Guerra) to the Buffalo Preservation Board have no outstanding debts to the City: John M. Laping Sam Gurney Christopher F. Guerra RECEIVED AND FILED. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 49 LOVEJOY AND FILLMORE DISTRICTTREE PLANTING I hereby request permission to take bids for the above project; and have asked for and received the following bids for Lovejoy & Fillmore District Tree Planting on October 14, 1998: COMPANY BID Gleason's Nursery $ 7,161 Village Green Landscaping 7,855 Johnstone Landscaping 11,335 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $7,161. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 202-717-001. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 15, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Lovejoy and Fillmore District Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $7,161. Funds for the project are available in Bond Fund Account 202-717-001. PASSED. AYES-13. NOES-0. NO. 50 BIDSSCHOOL 36 PLAYGROUND IMPROVEMENTS I hereby request permission to take bids for the above project; and have asked for and received the following bids for School 36 playground improvements on October 14, 1998: COMPANY BID Birchgrove Landscaping $48,986 Page 29 98-1020.txt Tricore Development 54,000 Johnstone Landscaping 54,460 Thomann Asphalt 54,800 Gleason's Nursery 56,000 Buffalo Creek 59,000 North Boston 65,065 Tomani Eastern 69,300 Suburban Blacktop 75,783 (*) Bid withdrawn due to error in bidding I hereby certify that the foregoing is a true & correct statement of the bids received. The apparent low bid was withdrawn due to errors made by the contractor in preparation of the bid and we are accepting the second bidder as the lowest responsible bid. This bid is within our estimate of $56,000. We are accepting the low base bid of $54,000. Therefore, Tricore Development, P.O. Box 467, Clarence, New York 14032 is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 201-717-003. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 15, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for School 36 Playground Improvements, to Tricore Development, the lowest responsible bidder, in the amount of $54,000. Funds for the project are available in Bond Fund Account 201-717-003. PASSED. AYES-13. NOES-0. NO. 51 UNIVERSITY & ELLICOTT DISTRICTTREE PLANTING I hereby request permission to take bids for the above project; and have asked for and received the following bids for University & Ellicott District tree planting on October 14, 1998: COMPANY BID Gleason's Nursery $12,631 Village Green Landscaping 13,488 Johnstone Landscaping 15,265 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $13,488. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 201-717-004. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 15, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for University and Ellicott District tree planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $12,631. Funds for the project are available in Bond Fund Account 201-717-004. PASSED. Page 30 98-1020.txt AYES-13. NOES-0. NO. 52 DEPARTMENT OF COMMUNITY DEVELOPMENT LICENSES FUNCTION RESPONSE TO AUDIT REPORT In response to the recently completed audit report of the Office of Licenses conducted by the Department of Audit and Control: SAFEGUARDING OF ASSETS-GENERAL Instead of preparing a deposit slip based on actual fees collected, the Office of Licenses prepares a deposit slip to match the computer generated report the following business day. We recommend collaborating with Data Processing to devise a program that would generate either a carbon copy of each license, or a perforated section for each license with pertinent information that could be retained by Licenses personnel. Departmental Response The audit report states that deposits are prepared to match the computer generated report of the following business day. Licensing personnel prepare daily deposits based on actual fees collected, the deposit report generated by Data Processing is corrected if necessary, to match actual fees collected. The audit report recommends collaborating with Data Processing to devise a program that would generate either a carbon copy of each license, or a perforated section for each license with pertinent information that could be retained by Licenses personnel. The Office of Licenses has collaborated with Data Processing and devised a program that will generate a dual receipt, one receipt for the licensee and the other receipt retained for licensing records. This program should be implemented within one month from the date of this audit response. SEGREGATION OF DUTIES-OTHER LICENSES Audit Report findings and Recommendations The personnel that issue the licenses and collect the related fees also perform the reconciliation of deposits related to these transactions. We strongly recommend that a person that is not involved in the actual collection and recording of fees perform this reconciliation. Departmental Response The Office of Licenses will reassign the duties of reconciliation of daily reports to an individual who is not responsible for collecting the related licensing fees. ASSIGNMENT OF DUTIES Audit Report Findings and Recommendations We discovered that for the month of December 1997 Bingo and Games of Chance fees were not remitted as due to New York State. This was apparently caused by the prolonged sick leave absence of a key employee. This employee's many responsibilities were divided among the division's other personnel, however this task was overlooked. Once attention was called to this matter by our presentation, it was processed immediately. We recommend developing a detailed checklists of personnel duties and responsibilities. Departmental Response The oversight in remitting fees due New York State was caused by the prolonged sick leave absence of two (2) key bingo and games of chance personnel. Both employees many responsibilities were divided arnong the Page 31 98-1020.txt Office of Licenses other personnel. Considering that the duties of two (2) key personnel had to be divided amongst the limited number of clerical staff assigned to the Office Licenses, the office staff did a very admirable job in maintaining the office in a professional and efficient manner. The Office of Licenses is presently in the process of creating a detailed employee procedural manual. STAFFING-BINGO Audit Report Findings and Recommendations As of January, 1998, two inspectors were hired. As this is a low-risk function of the division, we recommend that the productivity generated by the hiring be closely monitored to better analyze the costs and benefits associated with this increase in manpower. If the future overall productivity does not increase significantly, the department head may consider having these two inspectors perform inspections for all other license categories as needed. Departmental Response The recommendation to consider having Bingo Inspectors perform inspections for all other categories is a matter to be addressed through Civil Service, Labor Relations and the Bargaining Unit representing these employees. CONSISTENCY-BINGO Audit Report Findings and Recommendations Several organizations were reporting net carryovers of expenses differently. These losses resulted from the deduction of the annual license fees and are allowable as carryovers to future profits until the total expense is absorbed. While it appears the majority of licensees follow this procedure, we found that some did not, resulting in inconsistent reporting of bingo operations to the City. Departmental Response The Office of Licenses has developed a standard report for the carryover of net expenses, this report along with a letter of explanation was sent to all reporting organizations. This should greatly reduce the problem of inconsistency of reporting bingo operations to the City. REVENUES-BINGO Audit Report Findings and Recommendations A primary concern is the fact that overall Bingo revenues are steadily decreasing and subsequently, several organizations having discontinued participating. In addition, the Erie County non-smoking law is expected to have even more of a detrimental effect on revenues. In order to combat this loss of revenues, we recommend that City officials request New York State to amend Article 14H of the General Municipal Law in order to increase proze limitations offered at Bingo games and also increase the amount of minimum entrance fees. We also recommend the increase of municipal fees to be paid to localities. Departmental Response Total Bingo revenue has decreased due to a number of factors. The Erie County Non-Smoking Law has played a major role in the decrease. Also, many organizations, schools and churches are experiencing declining membership, enrollment and congregations. The recommendations to request New York State to amend Article 14H of the General Municipal law to increase prize limitations and to increase the percentage paid to all municipalities for licensing fees does have merit. It will take a collaborative effort from all municipalities in New York State as well as all elected officials representing these municipalities. CREDIT CARDS Page 32 98-1020.txt Audit Report Findings and Recommendations We recommend that the License Division explore the idea of accepting credit cards as payment for all licenses. Departmental Response The Office of Licenses has already initiated talks to implement credit card use. REGULATION COMPLIANCE-BING0 Audit Report Findings and Recommendations The division is, in our opinion, currently following a procedure that does not comply with the regulations of the New York State racing and Wagering Board. According to the New York section 581.1 "Canceled bingo occasions", the organization may cancel a bingo occasion and "reschedule the canceled occasion within a reasonable time". Our recommendation is to follow the guidelines issued by the New York State Racing and Wagering Board. Also, we recommend the division consult with the NYS Racing and Wagering Board to clearly define and clarify the above guidelines and reporting procedures. Departmental Response The Office of Licenses has contacted the New York State Racing and Wagering Board in the past concerning guidelines and procedures for canceling bingo occasions. The Racing Board's response to "rescheduling canceled bingo occasions within a reasonable time", is for the individual municipality to define what this reasonable time should be. The Office of Licenses will establish a specific time frame for canceling and rescheduling bingo occasions and will notify each reporting organization as to these guidelines. RECEIVED AND FILED. NO. 53 FIRST CHANGE IN CONTRACT NO. 91952800 :363 MASSACHUSETTS AVENUE :COMMUNITY PASSIVE PARK During the construction of the above project certain items that were unforeseen at the time of the bids were left, required attention. Therefore, we recommend that the following change be made to Contract No. 91952800 with Nichter Associates Inc. General Contractors: 1. Additional electrical work performed by subcontractor Add: $549.00 2. Application of F&I Anti-Graffiti sealer on new pre-cast planter walls Add: $480.00 3. Remove and relocate Kiosk Corkboard display panel from East to West on the clock information Kiosk Add: $240.00 Original Contract Amount $ 86,800.00 Change Order No. 1 (This Change) Add 1,269.00 New Contract Amount $ 88,069.00These cost have been reviewed and approved by project consultant Dan Sundell Landscape Architect, URS Greiner. Funds for this extra work is available in C.P.A. 200-717-029. I recommend the Your Honorable Body authorize the Commissioner of Community Development issue a change order to Nichter Associates Inc. General Contractors, 344 Vulcan Street, Buffalo, New York 14207 as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October Page 33 98-1020.txt 7, 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 Nichter Associates, Inc., an increase in the amount of $1,269.00, as more fully described in the above communication, for work relating to 363 Massachusetts Avenue, Community Passive Park, Contract No. 91952800. Funds for this project are available in C.P.A. 200-717-029. PASSED. AYES-13. NOES-0. NO. 54 DELAWARE PARK BASKETBALL COURTSCHANGE ORDER I I hereby request permission to issue a change order for the above project in the amount of $308 to cover work unforeseen at the time of the bid. The change was necessitated by minor subsurface conditions that required additional paving. The change order will increase the total contract with American Paving, 5880 Thompson Road, Clarence Center, New York, 14032 to $12,608. 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- 717-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 6, 1998, be received and filed; and That the Commissioner of Community Development be, and be hereby is authorized to issue change order No. 1, to American Paving, an increase in the amount of $308.00, as more fully described in the above communication, for work relating to Delaware Park Basketball Courts. Funds for this project are available in Bond Fund Account 201-717-005. PASSED. AYES-13. NOES-0. NO. 55 EMERSON PLAYGROUND RENOVATIONCHANGE ORDER 1 I hereby request permission to issue a change order for the above project in the amount of $2,500 to cover additional work of repairing subsurface conditions and the finished asphalt court surfaces that were unforeseen at the time of the bid. The change order will increase the total contract with North Boston Construction, 7440 Boston State Road, Hamburg, New York 14075 to $87,253. The cost has been reviewed by our staff and found to be fair. I recommend that Your Honorable Body authorize the City to increase contract 91925000 in the amount shown above. Funds for this work are available in Bond Fund Account 200-717-040. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 15, 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 North Boston Construction, an increase in the amount of $2,500.00, as more fully described in the above communication, for work relating to Emerson Playground Renovation. Funds for this project are available in Bond Fund Account 200-717-040. Page 34 98-1020.txt PASSED. AYES-13. NOES-0.. NO. 56 RETENTION REDUCTION REQUEST TO CONTRACT NO. 91956400HILLERY PLAYGROUND IMPROVEMENTS During the closeout meeting held on Friday October 2, 1998 it was determined that minor areas need to be re- seeded in the Spring of 1999 by the contractor. It was agreed the re-seeding portion of the project can be covered with $2,000.00 held as the retention. These cost have been reviewed and approved by project consultant Frank T. Brzezinski, Landscape Architect. Funds for this work are available in C.P.A. 200-717-003. I recommend that Your Honorable Body authorize the reduction of the retention from $16,587.30 to $ 2,000.00 and that payment be made to Buffalo Creek, Inc. 11800 Route 20A, Wales Center, New York 14169 as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 7, 1998, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to reduce the retention from $16,587.30 to $2,000.00 for Buffalo Creek, Inc. for Hillery Playground Improvements. Funds for this project are available in C.P.A. 200-717-003. PASSED. AYES-13. NOES-0. NO. 57 DOWNTOWN POLICE PRECINCTBLOCK 21 RES. 214, CCP JULY 7, 1998 Our previous response (Com. 32, CCP July 21, 1998) detailed the current real property ownership issues at Genesee and Oak Sts. Briefly, the property is owned by Uniland, not BURA, and it is an extremely complex and difficult matter. Should it be necessary, we are prepared to meet with your Honorable Body and discuss this in greater detail. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION/0VERSIGHT NO. 58 CCP #270EXPRESS OPPOSITION TO PROPOSED HUD POLICY CHANGE The Department of Community Development respectfully requests your Honorable Body to accept this response regarding the HUD Policy Change. This change would effect the HUD Buffalo Office's role of disposing of single/double houses. Under the Buffalo control, we established a process where: a HUD performed necessary demolitions to properties; úHUD worked collaboratively with the Department of Community Development and CBO's/NHS's to transfer and rehab properties; and úSince HUD is locally based, there is an understanding of Community Development's mission of "Total Approach", acquisition, rehab, new construction and demolition. With the proposed Philadelphia office, we feel the City will lose a much-needed partnership with HUD. Notably, the special initiatives such as the demolition will no longer exist. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF HUMAN SERVICES, Page 35 98-1020.txt PARKS AND RECREATION NO. 59 EEO AND AFFIRMATIVE ACTION PLAN The purpose of this communication is in response to your request for information in regard to the following:1. Revision of the City of Buffalo's Affirmative Action Plan The revision of the Affirmative Action Plan is in process. At this time work has been completed on identifying the utilization levels for minority and women in the local workforce. Department Heads will be asked to develop goals and objectives for their areas of responsibility. Departmental goals and objectives will be compiled to create citywide goals and objectives. Completion of this phase of the revisions will be done within ninety days. 2. Update of hiring pattern Discrepancies in information generated by reporting programs have prevented a hiring report at this time. The information stored is being reviewed for accuracy and completeness. This report should be available after Nov 14th. 3. Equal Employment Opportunity Information Attached please find an Employment Utilization Report for the 3rd Quarter 1998. While some discrepancies are still unresolved, they are not sufficient to delay this report. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 60 POLICE OFFICER EXAM - PERSONALITY TEST Per your request, enclosed is material regarding the Personality Inventory Test for the Police Officer exam. Be advised that Judge Curtin has not issued a written order in connection with any specific part of the police exam. Further, this information is being sent to you for informational purposes only. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 61 ADELPHIA - RFP - SHOWCASE SCHOOL PROJECT Attached is an RFP that will facilitate Adelphia's educational initiative the Showcase School Project for the Buffalo Public School System. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS. NO. 62LIQUOR 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 1503 Hertel747 Cal, Inc. dba Fantasia Rest. 1192 Seneca Street Carol Dejak 391-393 Ellicott St Manning & Ferris Ltd. 1115 Seneca Street Sherry Bolognese RECEIVED AND FILED NO. 63 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the Page 36 98-1020.txt various departments as listed: Comptroller- Carla Duke Police- Leonard Valvo, Linda McDonald, Yolanda Singletary Corporation Counsel- James Jarvis Human Services, Parks/Recreation- Christa Hodge RECEIVED AND FILED. NO. 64 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 AuthorityCity Planning Board RECEIVED AND FILED. NO. 65 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: 10/3/98 in the Department of Common Council to the Position of Intern V Seasonal Non- Competitive at the: Flat Starting Salary of: $8.00 Zorava B. Rivera 456 Auburn Avenue Buffalo, N Y 14213 NO. 66 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 October 5, in the Department of Mayor's Office Division of Mayor's Intern Program to the Position of Intern VI Seasonal Non Competitive at the Flat Starting Salary of $10.00 Kathleen J. Verrastro 270 Woodbridge Ave. Bflo, N.Y. 14214 NO. 67 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective in the Department of Stadium & Auditorium Division of North AmeriCare Park to the Position of Laborer II Seasonal Non-Competitive at the: Flat Starting Salary of: $ 6.92 Carl Rizzo, 142 Dorchester Road Buffalo, 14213 Appointment Effective 10/5/98 in the Department of Stadium & Auditorium Division of North AmeriCare Park to the Position of Senior First Class Stationary Engineer Temporary, Appointment, at the Flat Starting Salary of $7.33 John LoTempio, 57 Wilbury Place,Buffalo, 14216 James Delmont, 106 Hartwell Road, Buffalo, 14216 DEPARTMENT OF ASSESSMENT Appointment Effective October 6, 1998 in the Department of Assessment Division of to the Position of Clerk, Seasonal Non-Competitive at the Flat $5.20 Helen A. Miranda, 7 Susan, Buffalo, NY 14220 Page 37 98-1020.txt DEPARTMENT OF POLICE Appointment Effective 10/14/98 in the Department of Police to the position of Crossing Guard, Temporary, Non- Competitive, at the: Minimum, Starting Salary of: $ 6.09 Debora W. Singletary, 20 Helen St., Buffalo, NY 14213 DEPARTMENT OF STREET SANITATION Appointment Effective October 2, 1998 in the Department of Street Sanitation to the position Seasonal Laborer II ,Seasonal, at the Flat Starting Salary $ 6.92/hr. Keith R. Siler, 347 Cumberland Avenue, Buffalo, NY 14220 Appointment Effective October 6, 1998,in the Department of Street Sanitation to the Position of Seasonal Laborer II, at the flat starting salary of $6.92/hr. Thomas C. Kelley, 382 Okell Street, Buffalo, NY 14220 Appointment Effective: October 14,1998 in the Department Street Sanitation to the Position of Laborer II (Seasonal), seasonal, non-competitive, at the MAXIMUM, at the Starting Salary of: $6.92 per hour Joseph W. Kustra, 372 Marilla Street, Bflo, New York 14220 Christopher F. Steriace, 58 Trowbridge, Bflo, N Y 14220 Nicholas G. Derfert, 103 Pontiac Street, Bflo, N Y 14206 DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective: October 19, 1998, in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Laborer I Seasonal Non-Competitive, at the Flat, Starting Salary of: $6.22 Thomas A. Ortalano, 66 Ardmore Place, Buffalo 14213 DEPARTMENT OF HUMAN SERVICES Appointment Effective October 5, 1998 in the Department of Human Services, Division of Parks to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92 Stephen Radominski, 33 Weimar, Buffalo 14206Joseph Thompson, 140 Deerfield, Buffalo 14215Judith Zaccagnino, 178 Fenton, Buffalo 14206Keith Plant,152 Thompson Bflo 14207Salvator Cicatello, 90 Eckhert, Buffalo 14207 Appointment Effective October 5, 1998 in the Department of Human Services, Division of Recreation to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92 Norman Anderson, 1050 Ellicott, Buffalo 14209 Paul Crowley, 40 Portland, Buffalo 14220 Ed Cudeny, 103 Harrison, Buffalo 14210 Sarah Torres . 260 Roslyn : Buffalo 14215 Appointment Effective October 12, 1998 in the Department Human Services Division of Recreation to the Position of Refrigeration Plant Engineer Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92 Jeffrey Klapp, 61 West Northrup, Buffalo 14214Vincoat Miranda, 130 Ridgewood, Buffalo 14220Mark Scanlon,771 Abbott Buffalo 14220Mark Blake, 158 Dundee Buffalo 14220 Appointment Effective October 12, 1998 in the Department Human Services, Division of Recreation to the Position of Fee Collector, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 5.15 Jeffrey Dickman, 301 Roesch, Buffalo 14207Corey Krug, 153 Shenandoah Buffalo 14220 Appointment Effective October 12, 1998 in the Department Human Services, Division of Recreation to the Position of Refrigeration Plant Engineer, Seasonal, Non-Competitive, at Page 38 98-1020.txt the Flat Starting Salary of $ 6.92 Sean Eddy, 28 Royal, Buffalo 14207 Appointment Effective October 12, 1998 in the Department Human Services, Division of Recreation to the Position of Refrigeration Plant Engineer, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92 Michael Schieber, 168 Dundee, Buffalo 14220 Appointment Effective October 12, 1998 in the Department Human Services, Division of Recreation to the Position of Fee Collector, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92 Kelly Haug, 136 Shefield, Buffalo 14220 Appointment Effective October 19, 1998, in the Department of Human Services, Parks and Recreation, Division of Senior Citizens, to the Position of Senior Citizen Aide, Seasonal, Non- Competitive, at the Minimum, Starting Salary of $ 6.92 hour Robert L. Williams, 236 Southampton St., Bflo, N Y 14208 Appointment Effective October 19, 1998, in the Department of Human Services, Parks, to the Position of Laborer II, Seasonal, Non-Competitive, at the Minimum, Starting Salary of $ 6.92 hour William Orr, 28 Latona Ct, Buffalo 14220, Jeffrey Bartels, 117 west Ryan, Buffalo 14220 Appointment Effective October 19, 1998, in the Department of Human Services, Division of Recreation, to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92 hour Dominic LoVallo, 288 Dearborn street, Buffalo 14207 NO. 68 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 10 /5/ 98 in the Department or Police to the position of Crossing Guard Permanent, Non-Competitive at the minimum Starting Salary of: $6.09/hr Gisele Murphy, 36 Auchinvole Ave., Buffalo., NY 14213 Linda Herbert, 844 McKinley Pkwy. Buffalo, NY 14220 Christine Grant, 127 Butler Ave., Buffalo, NY 14208 Virginia McGee, 406 Lasalle Ave., Buffalo, NY 14215 Appointment Effective October 19, 1998 in the Department of Audit & Control in the Division of Data Processing to the position of Data Processing Equipment Operator at the Starting Salary of Temporary Appointment at the first step of $25,061. Suzanne Zuchlewski, 311 Roesch Ave., Buffalo, NY 14207 Appointment Effective: October 2, 1998 in the Department of: Police to the Position of: Public Safety Dispatcher Permanent Appointment at the Minimum Starting Salary of $25,146 Kevin J. Barry,94 Tamarack St., Buffalo, New York 14220 Appointment Effective October 5, 1998, in the Department of Police to the Position of: Report Technician Permanent Appointment at the Minimum Starting Salary of $ 23,705 Michele M. Parks, 31 Marine Drive #6D, Buffalo, NY 14202 Appointment Effective October 5, 1998 in the Department of Police to the Position o: Report Technician Permanent Appointment at the Minimum Starting Salary of $ 23,705 Page 39 98-1020.txt Andrea L. Meegan, 60 Ramona Avenue, Buffalo, NY 14220 Appointment Effective October 5, 1998 in the Department of Public Works, Division of Buildings to the Position of Laborer II Permanent Non-Competitive at the: Minimum Starting Salary of $ 10.45 Joseph Mele, 310 Norwalk Avenue, Buffalo, NY 14216 AMENDED Appointment Effective 8/24/98 In the Department of Law to the Position of Asst. Corp. Counsel II Temporary at the Minimum/Flat Starting Salary of $48,566 Richard E. Stanton, 746 Amherst Street, Buffalo, NY 14216 Appointment Effective October 5, 1998 in the Department of Street Sanitation to the Position of Heavy Equipment Operator Provisional Appointment at the Minimum Starting Salary of $26,184 Eugene A. Kelsey, 45 Shoreham Pkwy., Buffalo, NY 14216 Peter Nicosia, 303 Prospect Avenue, Buffalo, NY 14201 Appointment Effective October 13, 1998 in the Department of Street Sanitation to the Position of Laborer 11(Daily) Temporary non-competitive at the minimum Starting Salary of: $87.55 per day Ronald M. Leib, 71 Tioga, Buffalo, New York 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 69 BUFFALO CHARTLR REVISION COMMISSION BFLO CHARTER REVISION COMMISSION MINUTES 10/1,10/8,10/15 Attached are minutes from the Buffalo Charter Revision Commission for the meetings of 10/1/98, 10/8/98 and 10/15/98. REFERRED TO THE COUNCIL PRESIDENT NO. 70 A. COPPOLA BD OF ELECTIONS DISCLOSURE STATEMENTS NIMO Attached is a copy of a Board of Elections Disclosure Statement for Niagara Mohawk dated July 18, 1997., REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES. NO. 71 LAWSUIT PUBLIC SERVICE COMMISSION Attached is a copy of a complete set of pleadings filed with the Albany County Clerk's Office in respect to " Alliance for Municipal Power v. NYS Public Service Commission. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES. NO. 72 RESIGNATION - BD. OF PARKING With regard to my position of the City of Buffalo Parking Board. I have accepted a position as President of the Downtown Spokane Partnership and my family and I will be leaving the Buffalo area this October. I will thus be unable to continue as a member of the City of Buffalo Parking Board and submit this letter as my letter of resignation. I will miss working with you and the members of the Board, who are a terrific bunch of very talented and dedicated people, to address the issues of parking and downtown revitalization. Page 40 98-1020.txt I wish you and the City the best in the coming years. RECEIVED AND FILED NO. 73.EMPIRESTATE DEVELOPMENTPUBLIC HEARING - OUTOKURNPU AMERICAN BRASS PROJECT Enclosed please find a copy of the General Project Plan (the "Plan") and findings for the proposed Outokumpu American Brass - Empire State Economic Development Fund General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Thursday, October 22, 1998 from 1 1:00 a.m. to 12:00 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 74 M. GOLDMAN RESIGNATION - PRESERVATION BOARD I am afraid that I will not be able to continue my work on the Preservation Board. Thanks for your help and your continued efforts on behalf of preservation. RECEIVED AND FILED NO. 75C. KELLYAPPEAL DECISION OF PRESERVATION BOARD-453 PORTER AVENUE In its meeting of September 24, 1998 the Buffalo Preservation Board rejected our application to install two exterior identification signs on the front and side of our building at 453 Porter Avenue. It is our intention to appeal their decision to the Common Council and we respectfully request that this matter be placed on the Common Council's agenda on the earliest available date. Please feel free to contact me regarding this matter during regular business hours at 885-4139. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. NO. 76J. KENNERWATER PROBLEM - 205 SHUMWAY I would like for the Common Council to address an issue that has gone from bad to worst. My name is Janette Lynn Kenner, and I live at 235 Peckham Street. I purchased a two- family house at 205 Shumway that remained vacant for a year before I rented the property to my father. This property was bought from Mrs. Newton, who is presently in a nursing home, to fix up a property to help improve the community. After the first quarter water bill, the balanced due was $3,300. After the water department investigated my concern, the next quarter, the balanced due was up to $6,000. The bill is presently over $ 1 0,000. 00 plus $1,800. 00 that has been paid out to various parties to help rectify the problem. I have spoken to the water department, W. Charles Aughtry, and now, request that the Common Council investigate this problem that has become very difficult for me to resolve. Initially' the Water Department could not explain the uncommonly high water bill, but after a licensed plumber was Page 41 98-1020.txt hired, the damage was not in the house as the Water Department had alleged, but the damage to the pipes existed at a point before the meter, outside of the property. This was after I tore up my newly remodeled bathroom, ceiling tiles and replaced the toilet after a representative from the water department stated that they heard water leaking from with in the house. I am at my wits end as to what I should do to proceed from this point. Any assistance that the Common Council can would be deeply appreciated. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, AMERICAN ANGLICAN AND WATER BOARD. NO. 77 FRANCHISE FEE AUDIT, 1996 AND 1997 In accordance with your request of January 16, 1998, I examined the financial records of TCI of New York, Inc. (TCI) to determine franchise fees payable pursuant its cable television franchise with the City of Buffalo (City), for the years ended December 31, 1996 and December 31, 1997. On June 5, 1998 and July 9, 1998 I communicated my initial findings and questions to TCI. TCI responded to those letters on June 17, 1998 and August 4, 1998. This letter describes my findings; TCI's response is associated with each of my final conclusions: After considering TCI's responses and making certain adjustments to my initial findings based on their response, I conclude that TCI failed to pay a total of $449,531 of franchise fees for the years 1996 and 1997, excluding time value of money (see attached Exhibit I). The amount of $449,531 includes additional fees due in amount of $197,303, resulting from the billing and collection of franchise fees and PEG costs from subscribers in 1996 and 1997. Should the City decide to enforce collection of the amount of $197,303 of franchise fee pass-through revenue, TCI may be entitled to collect this amount further from subscribers. Resolution of the final amount to be repaid to the City is a matter of discussion between the City and TCI. Mr. Steven Shaye of our Municipal Assistance section is available to assist you in negotiating a final settlement. I am available if you have any questions with respect to the matters herein. The System TCI provided service to about 81,000 customers in the City as of December 31, 1997. TCI operated a 450 MHZ system providing about 95 channels of service (some compressed), including basic (approx. 20 channels), expanded basic service (about 32 channels), digital music, and premium channels at the end of 1997. TCI or its affiliates also provide advertising services over the cable system in the City. TCI houses its facilities, records, and a customer service unit at 355 Chicago Avenue, Buffalo. Requirements Franchise Section 18.1: This section (effective December 28, 1995) provides that "the Franchisee shall pay to the City during the term of this Franchise a sum equal to five (516) percent of the Franchisee's Gross Revenues for the preceding year, as defined in this Franchise less any credits required to comply with applicable federal and State laws and rules." Franchise Section 10: This section provides that "Gross Revenues" shall mean "all revenue derived directly or indirectly by the Franchisee from Cable Service and any additional service provided within the City via the Cable Page 42 98-1020.txt Communications System pursuant to the authority of this Agreement and the Franchise granted hereby, in so far as such additional services are regulated by the City, provided, however, that Gross Revenues shall not include any deposits received and held for converters or other equipment supplied by Franchisee, refunds, receipts from sales, use or franchise taxes or any other tax or fee that the Franchisee collects on behalf of the City or any other tax authority or any reasonable fees paid to collect past amounts due and owing from subscribers." Federal Ruling: The U. S. Court of Appeals, Fifth Circuit (Case No. 96-60427) on July 31, 1997 stipulated that 1) when franchising agreements impose fees directly upon cable operators, any money collected to pay those fees will be part of the operator's gross revenue, and 2) all money collected from subscribers, including funds used to pay franchise fees, must be included in a cable operator's gross revenue. Based on the definition of franchise fee subject revenue and the Federal Court's decision, franchise fees were payable on all revenues attributable to cable television operations within the City of Buffalo, from both subscriber and non-subscriber sources including revenues for the cost of TCI's franchise fee expenses billed to and collected from subscribers, without exclusion of any component type. Description of Accounting System Books and Records: TCI's fiscal year is December 31 and books are maintained on the accrual basis. TCI's general ledger and supporting records originate and are maintained at TCI's centralized accounting department in Denver, Co. TCI's Buffalo system office originates only minor journal entries as noted with miscellaneous deposit detail. Subscriber billing records were provided at 355 Chicago Avenue in Buffalo, to support subscriber revenue which comprises over 90%- of the total revenue stream from cable operations of TCI-Buffalo. TCI provided advertising services, revenues from which are not fully be recorded on TCI's books of account. This matter is addressed below. Franchise FPP Calculations Franchise fee payments are calculated by the Buffalo system financial staff, using general ledger reports and the profit and loss statements. Subscriber revenue entries into the general ledger are derived from Cable Data Reports A and E, by the use of automated journal entries which originate in Denver. Copies of the general ledger and Cable Data billing records were available for the entire review period January 1, 1996 through December 31, 1997. Worksheets to reconcile subscriber revenue amounts per Cable Data billings to the general ledger were requested, but were not provided. Methodology of Review My review included the following steps: Reviewed quarterly franchise fee payment reports, which were provided by the City, I Inquired of the methodology and records which were used by TCI in calculating franchise fees payable, Surveyed TCI's accounting and billing system records, Scanned the general ledger, chart of accounts, and billing system for possible revenue accounts and categories, which are included as franchise fee base revenues, Selected revenue accounts or categories, Accumulated revenue amounts for the review period from Cable Data billings and general ledger, I Determined total franchise fee base revenues per audit and compared the result with reported and previously assessed amounts, . Determined recommended additional franchise fee liability, as stated in this letter. Page 43 98-1020.txt Description of Exhibits Three Exhibits are attached to this letter and detail my findings. Exhibit I, Summary of Franchise Fee Audit Results (1/1/96 through 12/31/97) indicates the calculation of the total additional amount of unpaid fees, $449,531 due to the City. Section A describes the total franchise fee revenues and franchise fee payments as made to the City in this period. Section B describes total franchise fee revenues and payments due per audit, leaving the difference in franchise fee liability as due to the City in Section C. Sections D and E of Exhibit I show a breakout of total additional franchise fee base revenue and the associated franchise fee liability, by year and classification. Exhibits II and III indicate by year and category how the amount of $449,531 was determined. The amounts of $229,079 and $220,452 were respectively determined to be payable for 1996 and 1997 as shown in Col. 6, Line C. 6, Exhibits II and III. Each of these Exhibits has the same categories and the following columns which total to the result, $449,531: The Reason Code (Col. 1) indicates the code identifier which identifies the exception noted during the course of the audit. Revenues Reported per Filings (Col. 2) describes the franchise fee base revenues as reported and included for calculation of the franchise fee paid. Revenues Received per Audit (Col. 3) shows the total amount of franchise fee base revenues per my review. Difference Audit Revenue Over (Under) Reported Revenue (Col. 4) is the total amount of franchise fee revenue per audit, less the reported amount by category. In total $4,581,586 and $4,409,043 of franchise fee revenues (Col. 4, Line C.6) were not included in calculation of franchise fees paid to the City in 1996 and 1997, respectively. Franchise Fee Rate (Col. 5) shows the percentage rate of fees payable to the City per the operative franchise agreement for the period. This includes the amount of fee paid to the PSC ($77,820 for each of 1996 and 1997, as reported). Adjustment of Fee Due To (From) City (Col. 6) shows the amount of additional fee payable by category. Summary of Findings by Type (Reason) The following matters were noted in determining the proposed underpaid total amount of franchise fees (see also Exhibits II and III) a)Unreported Subscriber Revenue (See Reason Code "A") The amount of $117,841 of franchise fee payments are additionally due for unreported subscriber revenues, including $47,036 in 1996 and $70,806 in 1997. See Col. 6, Line A.12. Of Exhibits II and III. The audit amount" of revenues (Col. 3, Lines 1 to 11) are derived from Exhibits A, B, and E of Cable Data billings. The rate 5% was applied against revenues per audit to arrive at the amount of Adjustment of Fee Due To (From) City (Col. 6).of note in the compilation of the figures of unreported revenue in first paragraph of this section are that Late charge revenues are included in the definition of revenue subject to franchise fee assessment. TCI correctly included late charge revenues in the franchise fee base revenue in 1996; no adjustment for this category is necessary for this period. However, TCI excluded late charge revenues ($698,568 of late charge revenues in 1997) from its calculation of franchise fees payable to the City for 1997; the necessary adjustment is included in Section A, Line 9 (Col. 3) of Exhibit III. TCI1s response is that late charge revenue "is a fee Page 44 98-1020.txt charged to help recover costs involved with the recovery of collecting past-due amounts." We have no basis to find that late charge fees are not revenues; TCI did not provide us with justification or documentary evidence to support their exclusion of the revenue source in 1997. Other Subscriber Revenues on Line 11 include miscellaneous subscriber revenue categories such as Other Revenue (Cable Data Reports A/B) and the following categories of revenue from Reports E of Cable Data: returned check fees, off site payments, trip charges, miscellaneous equipment adjustment fees/revenues, and unreturned converter fees. TCI's response is that the miscellaneous equipment adjustment fees and unreturned converter fees are not fees assessed to customers. I find no evidence in M's audit trail, rate cards or customer notices that the two categories in the preceding sentence are not revenue. Expanded Basic Service Revenues are included on Line 2, Section A of Exhibit II (1996) and Line 11, Section A of Exhibit III (1997). With respect to Section A of Exhibits II and III, Line 12 in Col. 4 (attached), the amounts of $940,716 and $1,146,112 for 1996 and 1997 comprise the total operating revenues not reported for assessment, excluding pass-through revenue as discussed below. b)Bad Debts Expense (See Reason Code "B") A provision for doubtful subscriber accounts or bad debts expense is normally allowed as a deduction from subscriber revenues, if proper, substantiated and claimed. TCI claimed no bad debts offset against revenues subject to assessment in 1996 and the amount of $447,099 in 1997. There was a discrepancy in the amount of bad debts expense between the general ledger and subscriber billing records for both 1996 and 1997, which I could not reconcile from records made available as illustrated below. Amount Amount 1996 1997 Claimed on Reports to City$0 $ 447,099 General Ledger $1,035,474 $ 586,091 Subscriber Billings $1,987,361 $1,112,891 The amounts of bad debts which were claimed as offsets to revenues, $0 in 1996 and $447,099 in 1997, were accepted in amount claimed. TCI's response is that a deduction should have been claimed in 1996. My response is that TCI made no claim, and has yet to provide its calculations and analysis of the proper amount, as well as substantiating explanation and evidence. The City may wish to reconsider this matter if and when TCI provides reasonable evidence to justify its claim. c)Advertising Income (See Reason Code "C") The amount of $61,389 of additional franchise fee payments are due for unreported advertising income, including $34,651 in 1996 and $26,739 in 1997. See Col. 6, Line B.1. of Exhibits II and III. These additional fees result from TCI's receipt of total of $1,227,785 of advertising income which was not included in its prior calculations of franchise fees payable. The amount $1,227,785 includes $693,014 in 1996 and $534,771 in 1997 (Col. 4, Line B.1.). These amounts were derived from the following general ledger accounts: In 1996, Nos. 7651 (Reimbursement Coop Advertising) and 5070 (Advertising Revenue - 3rd Party Intercompany) and in 1997, Nos. 3028 (Advertising Intercompany Content Revenue) and 5301 (Advertising and Promotions Various). The franchise requires, in part, that all revenues received by Page 45 98-1020.txt TCI from Cable Service and any additional service provided within the City via the Cable Communications System on its cable system are franchise fee base revenues. Review of TCI's financial records indicates receipt of advertising income was, received from entities, including "Media Partners" and `WNY Cable advertising." TCI appears to be recording such revenues on a "net basis". Detail of the total amounts of advertising income received was not available in Buffalo, since entries originate from TCI1s centralized accounting office. I was unable to if the full, gross amount of advertising revenues attributable to the Buffalo system were recorded on the general ledger. TCI's response is that advertising revenues are subject to franchise fee assessment, but that the amount on the general ledger "includes other systems in New York and New Jersey." TCI did not substantiate that any part of the additional advertising revenue shown on Line B.1 should be excluded, because of the bifurcated record keeping and franchise fee calculation system used by TCI. d)Unreported Non-Subscriber Income (See Reason Code "D") The amount of $72,532 of additional franchise fees is payable to the City due to unreported non-subscriber income (home shopping revenue, etc) including $59,570 in 1996 and $12,962 in 1997. See Col. 6, Line B.2. of Exhibits II and III. These additional fees result from TCI's receipt of $1,450,628 of non-subscriber income which was not reported for assessment of franchise fees due. This amount includes $1,191,394 of such revenue in 1996 and $259,234 in 1997 (Col. 4, Line B.1.). These amounts were derived, for most part, from the following general ledger accounts: In 1996, Nos. 5090 (Other Income), 5026 (Sprint Subsidy - Pay Service)and others and in 1997, No. 3029 (Commissions/Royalties Home Shopping). TCI1s response appears to be that miscellaneous revenues from home shopping etc. are subject to assessment. I have reviewed TCI's responses with respect to this category, and accepted their explanation that a relatively minor amount of $104,046 was a credit against programming cost for adding more pay television units to their revenue stream. TCI provided no evidence to support further adjustment of the revenue amount subject to franchise fee in this category. e)Collections Costs Expense (Reason Code "E") Collection costs are costs of collecting subscriber accounts receivable including credit bureau charges. These amounts are expenses and are not collected from subscribers as "pass- through revenues." TCI's treatment of collection cost expense was inconsistent. In 1996 TCI treated collection cost expense ($159,089, Line B.3. of Exhibit II) as revenue and added it to franchise fee base revenue, although it was not collected from subscribers or any other sources as a pass-through revenue. In 1997 TCI deducted $168,410 of collection cost expense (Line B.3., Exhibit III) from franchise fee base revenues in calculating its liability to the city. My decision as to collection cost treatment was based on two factors: In my opinion, the franchise allows only collection cost fees (i.e. revenues) directly billed to and collected from subscribers (pass-through type) to be excluded from or deducted from franchise fee base revenue and there were no such collections from subscribers per my review, and The policy of this Commission and predecessor Cable Commission has been to disallow collection costs as deductions against franchise fee base revenue (they are Page 46 98-1020.txt expenses, not revenue). See Line B.3. of Exhibit II and III for detail of this effect on calculations per audit. f)Fees Collected from Subscribers (pass-through basis) - Reason Code "F" My examination of subscriber billing records showed that a total of $3,946,067 of revenues were collected directly from subscribers, but were excluded wholly from franchise fee revenue base in calculating fees to be paid to the City. I recommend that the additional amount of $197,303 of franchise fee payments is due to the City, to cure the effect of exclusion of this source of revenue, as explained below. See Exhibits II and III, Lines C.1, C. 2, and C. 3 in Col. 3 for detail of amounts of said revenues. Pass-through fees collected from Buffalo subscribers include franchise fees, FCC user fees, and PEG cost fees. The U. S. Court of Appeals, Fifth Circuit (Case No. 96-60427) on July 31, 1997 stipulated that 1) when franchising agreements impose fees directly upon cable operators, any money collected to pay those fees will be part of the operator's gross revenue, and 2) all money collected from subscribers, including funds used to pay franchise fees, must be included in a cable operator's gross revenue. Recommended findings include the applicability of this decision. Time Value of Money The franchise agreement at Section 18.3 provides in part that "at the sole discretion of the City, the latter may collect interest from the Franchisee on the underpayment at a rate equal to the "Prime" rate plus three (3) percent." Our recommendations do not take into account the time value of money due to underpayment of portions of fees determined to be additionally due. This matter is left to resolution between the City and TCI. Reports The franchise agreement at Section 18.2 indicates that the franchisee is required to provide a quarterly report detailing its franchise fee payments calculation. It is recommended that the franchisee work with the City to develop a franchise fee reporting form which provides greater detail of the sources of subscriber and non-subscriber revenues in order to permit easier verification by the City and franchisee in the future. I am prepared to assist you, if needed. In addition, I recommend that the company take steps to ensure that the record keeping and reporting functions, for purposes of determining franchise fee payments, be better coordinated. Timeliness of Payment I found that TCI made its quarterly payments to the City on a timely basis, per franchise requirements. FINAL RESOLUTION The findings herein are based on information made available during the course of the audit. Should further information or facts come to light, we may revisit our calculations. The amounts indicated herein crystallize the amount of franchise fees owed to the City for the years 1996 and 1997. However, agreement on the final amount and payment terms are a matter of discussion between the City and TCI, due to the contractual nature of the franchise agreement. Please contact the undersigned at phone (518) 473-5253 or Mr. John A. Wright at phone (518) 473-5251 if there are questions with respect to the matters herein. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, OFFICE OF TELECOMMUNICATIONS, AND CORPORATION Page 47 98-1020.txt COUNSEL. NO. 78 NIAGARA MOHAWK COMMITTEE TO STUDY MUNICIPALIZATION Niagara Mohawk Power Corporation contracted the services of Mr. Stephen R. Allen from Polestar Applied Technology, Inc. to research and publish a report on Municipalization in the Era of Deregulation - A Perspective for the Niagara Mohawk Service Territory. As a member of the Committee to Study Municipalization, I would like to have this report made available for the Council and committee members. It is my intention to ask the support of the committee members to invite Mr. Allen to speak at a committee meeting. Mr. Allen has over 15 years' experience in technical and economic analysis. Most recently he has applied his analytical experience to the topics of municipalization and deregulation of the electric energy industry. Mr. Allen's report addresses three questions: 1 .What were the characteristics and outcome of municipalization prior to the restructuring of the electric industry? 2.How has the legal and business framework for municipalization changed since the Energy Policy Act of 1992? 3. What is the likely impact of these changes on future municipalization efforts? By making the report available prior to his presentation, members of the Council and committee will have the opportunity to thoroughly review his analysis and be prepared to address questions that are specific to the committee's mission. If you have any questions, please contact me at 857-4286. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES. NO. 79 G. WHITFIELD CHIEF FIRE ADMINISTRATOR'S EXAM I am Firefighter Gamell Whitfield Jr. of E-33, Ist Platoon. I have been a firefighter for 14 years. This letter is in reference to the Chief Fire Administrators' exam that I took on May 2, 1998. I was notified by the Civil Service Commission, on the 17th of September of my score, which was 90.0, giving me a ranking of #1 on a list that was adopted on September 16, 1998. There has been nothing done with that list to my knowledge; which is in stark contrast to all of the other promotional exams given, and consequent lists that were adopted from them. I am asking that you would look into this matter on my behalf and contact me with any information that you might find as to the status of this list. RECOMMENDED TO THE COMMITTEE ON CIVIL SERVICE AND CIVIL SERVICE COMMISSION. NO. 80 M. GOLDMANCALUMET EXPANSION ON ASBURY ALLEY I am writing you to let you know of our plans for expansion at The Calumet and how they impact on Asbury Alley. AS you know, The Alley is a City-owned street. As you also know, it does nothing now but collect garbage, nurture rats and serve as an illegal parking space for anybody who wants to leave Page 48 98-1020.txt their car there. For years I have thought of this Alley as a wasted resource. Several years ago, I suggested that it be made into a pedestrian access route, directly connecting Chippewa to the Augsburger Ramp. People seemed to like that idea, but nothing happened with it. What I am now proposing is that we be allowed to build an entrance off of the Alley into a new room that we are creating out of the Irish Classical Theatre space. This will be a high- class nightclub that will cater primarily to a downtown constituency. In order to maximize this small space, we are proposing to move the entrance from Chippewa Street onto Asbury Alley. ( see illustrations of 1. the entrance on the Alley and 2. the new glass facade on Chippewa Street.) We also propose that we be allowed to construct a temporary fence mid-way down the Alley so that the Bradford and others can continue to keep their garbage cans there. Part of our plans call for cleaning and repainting the brick walk-way that lies between Chippewa Street and the proposed entrance about 15 feet down the Alley. There is already a precedent for this use of the Alley in that we were granted a variance to build two fire-exits from the Theatre into the Alley. We are planning on spending $150,000 on this improvement and we believe it will greatly enhance the area. In the hope that you will help us to achieve our goals on this project, I am REFERRED TO THE COMMITFEE ON COMMUNITY DEVELOPMENT, CORPORATION COUNSEL AND COMMISSIONER OF PUBLIC WORKS. PETITIONS NO. 81 A. Sorrento, owner, Petition to use 367 Delaware for a drop in center. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 82 D. Manley & 0 - Req. Traffic Signal at Colgate Stand South Park Ave.REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS. CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 83 C. ZANE-MEDICAL BENEFITS RETIRED BLDG. INSP.(ITEM# 104 C.C.P APRIL 28, 1998 That the above mentioned item be and the same is hereby referred to the Committee on Taylor Law Impasse. ADOPTED. NO. 84 A. PARLATO - MEDICAL DRUG RIDER - T. PARLATO(ITEM# 85 C.C.P JUNE 9, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Taylor Law Impasse.ADOPTED. NO. 85 A. PARLATO-MED. DRUG RIDER-T. PARLATO (CS) (ITEM# 73 C.C.P JUNE 23, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Taylor Law Impasse. ADOPTED. Page 49 98-1020.txt NO. 86 R. MARTIN - MED. COVERAGE OF RETIREE (ITEM# 100 C.C.P.SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Taylor Law Impasse. ADOPTED. NO. 87 S.MORREALE & 0 - RETIREE MEDICAL BENEFITS (ITEM# 106 C.C.P SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Taylor Law Impasse. ADOPTED. NO. 88 M. ZERA - BACK PAY (PW)(ITEM# 54 C.C.P.JULY 21, 1998) That the above mentioned item be and the same is hereby received and filed.ADOPTED. NO. 89 RETIREMENT INCENTIVE PROG. (A&F)(ITEM# 86 C.C.P.JULY 21, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 90 CORR. EMPLOYMENT STATUS - E. BONADONNA (PW)(ITEM# 45 C.C.P.OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 91APPOINTMENTCHIEF BUILDING INSPECTOR That Communication 46, October 6, 1998 be received and filed and the Permanent appointment of Richard L. Ogorek Jr., above at the Intermediate salary of $44,571.00 effective on September 24, 1998 is hereby approved. PASSED AYES-13. NOES-0. NO. 92APPOINTMENTWATER METER MECHANIC That Communication 47, October 6, 1998 be received and filed and the Temporary appointment of Francis Marci III, above at the Intermediate salary of $29,814.0 effective on October 5, 1998 is hereby approved. PASSED AYES-13. NOES-0. NO. 93 APPOINTMENTEQUIPMENT OPERATOR That Communication 64, October 6, 1998 be received and filed and the Provisional appointments of Marcus Gorski and Alan Majewski, above at the provisional salary of $28,425.00 effective on September 21, 1998 is hereby approved. PASSED AYES-13. NOES-0. NO. 94APPOINTMENTEQUIPMENT OPERATOR That Communication 65, October 6, 1998 be received and filed and the Provisional appointment of Vincent Muffoletto, above at the provisional salary of $28,425.00 effective on September 21, 1998 Is hereby approved. Page 50 98-1020.txt PASSED AYES-13. NOES-0. NO. 95NOTICE OF APPT. - TEMP./PROV./PERM (CCLK)(ITEM# 77 C.C.P.OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 96SALARY ORDINANCE AMENDMENT06- DEPARTMENT OF ADMINISTRATION & FINANCE 4- DIVISION OF PARKING ENFORCEMENT 013-PARKING METERS & ENFORCEMENT (ITEM NO, 211, C.C.P., OCT. 6, 1998) That the Salary Ordinance Amendment as contained in Item No. 21 1, C.C.P., October 6, 1998, be and the same hereby is approved. PASSED. AYES-13. NOES-0. NO. 97SALARY ORDINANCE AMENDMENTENTERPRISE FUND70-1 DEPARTMENT OF SOLID WASTE & RECYCLING011 -COLLECTION OF REFUSE & RECYCLING (ITEM NO. 213, C.C.P., OCT. 6, 1998) That the Salary Ordinance Amendment as contained in Item No. 213, C.C.P., October 6, 1998, be and the same hereby is approved. PASSED. AYES-13. NOES-0. FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 98 PAYMENT IN LIEU OF TAXES (PILOT) POLICY (CD)ITEM# 78 C.C.P.JULY 21, 1998) That the above mentioned item be and the same is hereby received and filed.ADOPTED. NO. 99 PAYMENT IN LIEU OF TAXES PILOT POLICY (ASMT)(ITEM# 46 C.C.P.-SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 100 PILOT POLICY REVISION(ITEM NO. 57, C.C.P., OCT. 6, 1998)THAT THE COMMON COUNCIL ACCEPT THE DOCUMENT AS ATTACHED TO THE ABOVE COMMUNICATION, AS THE CITY'S OFFICIAL PAYMENT IN LIEU OF TAXES (PELOT) POLICY. PASSED. AYES-13. NOES-0. NO. 101NO DEMO FOR 923 WASHINGTON (CD)(ITEM# 127 C.C.P.SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 102 DONATION OF PRIV. PROP. TO CITY (ITEM# 225 C.C.P SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. Page 51 98-1020.txt ADOPTED. NO. 103 DONATE PRIV. PROP. TO CITY _ 178 MORELAND (COMPT)(ITEM# 21 C.C.P SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 104 DONATE PRIV. PROP. TO DEPT. COMM. DEV. (CD)(ITEM# 58 C.C.P OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 105WAIVE TICKET SURCHARGE FOR "HALLOWEEN WITH THE PROS"(ITEM NO. 244, C.C.P., SEPT. 8, 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 and the same is hereby received and filed. ADOPTED NO. 106 BOND RESOLUTION - $500,000 TRAFFIC CALMING PROJECTITEM NO. 278, C.C.P., SEPT. 22, 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. 107TRAFFIC CALMING PROJECT (PW)(ITEM NO. 42, C.C.P., OCT. 6, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 108TRAFFIC CALMING PROJECT (PW)(ITEM NO. 41, C.C.P., OCT. 6, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 109 ACQUISITION 543 SENECA(ITEM NO. 10, C.C.P., OCT. 6, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the Comptroller negotiate a sale with Mr. Steve Potycz of 568 Exchange Street for the acquisition of 543 Seneca Street, in the sum of Eleven Thousand Dollars ($1 1,000.00), with the stated contingencies as listed in the above communication. That the Corporation Counsel be authorized Page 52 98-1020.txt to prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. PASSED. AYES-13. NOES-0. NO. 110 COMPROMISE DEMOLITION COSTS - 209 DUTTON(ITEM NO. 12, C.C.P., OCT. 6, 1998) That the Comptroller be, and he hereby is authorized to accept the sum of $2,140.00 as payment in full from Richard Giardina for the demolition of 209 Dutton. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 111 RESULT OF NEGOTIATIONS - 209 AND 215 DUTTON(ITEM NO. 60, C.C.P., OCT. 6, 1998) That the offer from Mr. and Mrs. William Vesper and Mrs. Karen Vesper, residing at 228 Sherdian Avenue, in the sum of Two Thousand and Four Hundred Dollars ($2,400.00) for the sale of 209 and 215 Dutton, be and they 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 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. I NO. 112 PERM. PLACE TOLL CALLING CARD DISPENSER CITY HALL (PW)(ITEM# 37 C.C.P OCTOBER 6,1998) That the above mentioned item be and the same is hereby received and filed.ADOPTED. NO. 113INSTALLATION BICYCLE LANES - FILLMORE AVENUE(ITEM NO. 38, C.C.P., OCT. 6, 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. 114 RESULT OF NEGOTIATIONS - 196 GLENWOOD (ITEM NO. 58, C.C.P., JUNE 23, 1998) (ITEM NO. 143, C.C.P., JULY 21, 1998) (ITEM NO. 123, C.C.P., OCT. 6, 1998) That the offer from State Tabernacle Church of God in Christ, 234 Glenwood, in the sum of One Thousand Four Hundred Dollars ($1,400.00) for the sale of 196 Glenwood Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and Page 53 98-1020.txt 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. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 115 RESULTS OF NEGOTIATIONS - 1590 FILLMORE (ITEM NO. 62, C. C.P., APR. 28, 1998) (ITEM NO. 11 8, C.C.P., JULY 7, 1998) (ITEM NO. 156, C.C.P., JULY 21, 1998) (ITEM NO. 124, C.C.P., OCT. 6, 1998) That the offer from Moses and Ruby Graham, residing at 33 Richert Avenue, in the sum of One Thousand Dollars ($1,000.00) for the sale of a portion of 1590 Fillmore, 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. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 116 RESULTS OF NEGOTIATIONS - 1482 JEFFERSON AVENUE (ITEM NO. 53, C.C.P., MAY 12, 1998) (ITEM NO. 120, C.C.P., JULY 7, 1998) (ITEM NO. 157, C.C.P., JULY 21, 1998) (ITEM NO. 125, C.C.P., OCT. 6, 1998) That the offer from Mr. Herbert Bellamy, Sr., in the sum of Two Thousand and Two Hundred Dollars ($2,200.00) for the safe of 1482 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 authorizes 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. 117 RESULTS OF NEGOTIATIONS - 387 WOODLAWN (ITEM NO. 120, C.C.P., SEPT. 8, 1998) (ITEM NO. 126, C.C.P., OCT. 6, 1998) That the offer from Mrs. Susie M. Smith, of 395 Woodlawn Avenue, in the sum of Five Hundred Dollars ($500.00) for the sale of 387 Woodlawn, be and hereby is accepted; and Page 54 98-1020.txt 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. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 118 CERTIORARI PROCEEDINGS - 22 OAKGROVE AVENUE (ITEM NO. 26, C.C.P., SEPT. 22, 1998) (ITEM NO. 137, C.C.P., SEPT. 22, 1998) That the Corporation Counsel be, and he hereby is authorized to settle the 1997-98 certiorari proceeding on 22 Oakgrove Avenue by reducing the assessment from $32,200 to $20,000 for each year. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 119 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (511-95) (ITEM NO. 241, C.C.P., SEPT. 22, 1998) That the Ordinance Amendment as contained in Item No. 241, C. C.P., September 22, 1998, be and the same hereby is approved. Passed. AYES-13, NOES-0 NO. 120 ORD. AMEND CH. 511 - ADULT USES (C.P. BD.) (ITEM #6 C.C.P OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 121 PETROLEUM SALES, PETITION TO USE 650 TONAWANDA - GAS STATION/STORE (ITEM NO. 93, C.C.P., OCT. 6, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Petroleum Sales, owner, for permission to use 650 Tonawanda Street for a gas station/store be, and hereby is approved with the conditions that any pole sign on the property is no higher than 20 feet and that landscaping be provided at the base. Passed. AYES-13, NOES-0 NO. 122 PETROLEUM SALES, PETITION TO USE 595 ONTARIO - POLE SIGN (ITEM NO. 94, C.C.P., OCT. 6, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Petroleum Page 55 98-1020.txt Sales, owner, for permission to use 595 Ontario Street for a pole sign be, and hereby is approved with the conditions that the pole sign be no higher than 20 feet and landscaping be provided. Passed. AYES-13, NOES-0 NO. 123 DAN CAMPIERI, PETITION TO USE 256 ALLEN - TAVERN/1 FAMILY DWELLING (ITEM NO. 95, C.C.P., OCT. 6, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Dan Campieri, owner, for permission to use 256 Allen Street for a tavern and a one family dwelling be, and hereby is approved. Passed. AYES-13, NOES-0 NO. 124 FRANKLIN STREET ASSOCIATES, PETITION TO USE 45 ALLEN - TAVERN/STORES/OFFICES (ITEM NO. 96, C.C.P., OCT. 6, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Franklin Street Associates, owner, for permission to use 45 Allen Street (503 Franklin Street) for a tavern, stores and offices be, and hereby is approved. Passed. AYES-13, NOES-0 NO. 125 CANTALICIAN CENTER, PETITION TO USE 655 HERTEL AVENUE - COMMUNITY RESIDENCE (ITEM NO. 97, C.C.P., OCT. 6, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Cantalician Center, owner, for permission to use 655 Hertel Avenue for a community residence be, and hereby is approved. Passed. AYES-13, NOES-0 NO. 126 BUFFALO STORAGE INC., PETITION TO USE 363 DINGENS - POLE SIGN (ITEM NO. 98, C.C.P., OCT. 6, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Buffalo Storage Inc., owner, for permission to use 363 Dingens for a pole sign be, and hereby is approved. Passed. AYES-13, NOES-0 NO. 127 ALI MOHAMED ALI AGGI, PETITION TO USE 1347 KENSINGTON, TAKE-OUT RESTAURANT (ITEM NO. 121, C. C.P., JULY 21, 1998) That after the public hearing before the Committee on Legislation on October 13, 1998, the petition of Ali Mohamed Ali Aggi, owner, for permission to use 1347 Kensington Avenue for a take-out restaurant be, and hereby is approved. Mr. Coppola made a motion to receive and file said item. ADOPTED Page 56 98-1020.txt NO. 128 BUFFALO CHARTER REV. COMM. MTG. MINUTES 6/25 & 7/2 (ITEM #87 C.C.P JULY 7, 1998) That the above mentioned item be and the same is hereby referred to the Council President. Adopted NO. 129 ENCROACH 162 SWAN STREET - AWNING (ITEM NO.39,C.C.P.,OCT. 6,1998) That the above item be, and the same is hereby returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby is authorized to issue a 4cmere license" to Mr. Mark McCloskey, owner of McGuido's Pizzeria, located at 162 Swan Street, to install an awning, which would encroach city right-of- way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) 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 awning. Passed. AYES-13, NOES-0 NO. 130 E. SIDE TRANSFER STATION - SURB. WASTE ROUTING (ST. SAN) (ITEM # 79 C. CY MAY 26, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Budget Adopted NO. 131 B. FLOYD & O-PROBLEMS W/NATIONAL BUS CO. ON FEDERAL AVE. (ITEM 105 C.C.P JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 132 LAIDLAW TRANSIT - COMPLAINTS FR. FEDERAL AVE. RESIDENTS (ITEM # 190 C.C.P SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 133 DORCHESTER RD. BLK. CLUB-REQ. OLD STYLE LIGHT STANDARDS (ITEM # 123 C.C.P JULY 21, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted Page 57 98-1020.txt NO. 134 RESP.-DORCHESTER RD. BLK CLUB-REQ. OLD STYLE LIGHT STANDARDS (PW) (ITEM # 43 C.C.P OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 135 B. MILLER-WILLIAMS-HERMAN ST. BLOCK SIGNS, ETC. (ITEM #167 C.C.P OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 136 B. KAVANAUGH-EAF - REVISED WATERFRONT GREENWAY ORD. (ITEM #51 C.C.P JANUARY 6, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 137 ORD. AMEND CH. 493 - WATERFRONT GREENWAY SYSTEM (#I 10, 1/6) (ITEM # 187 C.C.P OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 138 T. PETTIGREW-BNRC LOAN - 258 LEMON COMPLAINTS (#104 4/14) (ITEM # 168 C.C.P JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 139 T. PETTIGREW-BNRC LOAN - 258 LEMON COMPLAINTS (954 6/9) (ITEM #169 C.C.P JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 140 GRAPHIC CONTROLS-OFFER OF PURCHASE FROM TYCO INTERNATIONAL (ITEM #109 C.C.P SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby received and filed. Adopted NO. 141 LAMAR OUTDOOR ADVERTISING, INC. (ITEM NO. 222, C.C.P., OCT. 6, 1998) That the Common Council approve the relocation of Lamar Page 58 98-1020.txt Outdoor Advertising, Inc. from their present location at 295 Maryland Avenue to 289 Exchange Street, placing them into the Economic Development Zone Passed Ayes-13, Noes-0 RESOLUTIONS NO. 142 By: Al Coppola RESPONSE FROM THE PSC Whereas:On April 23, 1998, a letter was sent to Chairman Helmer of the Public Service Commission (PSC) notifying and expressing concern over the ethical violations, especially the overcharging done by Niagara Mohawk; and Whereas:On June 12, 1998, a second letter was sent to Chairman Helmer expressing the anticipation of her report concerning Niagara Mohawk's gross over billing to the City of Buffalo; and Whereas:Ms. Helmer's response of July 27, 1998 had no mention of any action by the Public Service Commission; and Whereas:On August 6, 1998, a third letter was sent to Ms. Helmer expressing concern over the extreme overcharging by Niagara Mohawk and the disappointment over the lack of an accurate response from the PSC; and Whereas:More and more evidence is surfacing on a daily basic in regard to the severe overcharging by Niagara Mohawk to the City of Buffalo everyday. Now, Therefore, Be It Resolved: That a copy of this resolution be sent to the Public Service Commission requesting them to file a response with this Common Council by Thursday, November 12, 1998; and Be It Further Resolved: That the PSC include in that response what action they are taking on the serious overcharging of the City by Niagara Mohawk; and Be It Finally Resolved: That a copy of this resolution and the November 12, 1998 response from the PSC be forwarded to the Special Committee on Municipalization. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES AND PUBLIC SERVICES COMMISSION. NO. 143 By: Al Coppola EMINENT DOMAIN Whereas:The City of Buffalo is currently experiencing high controversy surrounding the possible moving of the Buffalo Zoo; and Whereas:The Zoo Board of Directors are anticipating that the Common Council will go ahead with eminent domain proceedings in the near future; and Whereas:The Buffalo Zoo is considered an independent body with it's own Board of Directors, that makes its own independent decisions. Now, Therefore, Be It Resolved: That the Corporation Council provide a written statement to this Common Council stating the right, if any, to go ahead with eminent domain proceedings. REFERRED TO THE COMMITTEE ON LEGISLATION.-AND CORPORATION COUNSEL. Page 59 98-1020.txt NO. 144 By: Al Coppola GRANT PERMISSION TO UJIMA TO ERECT BANNER Whereas:Ujima is seeking permission to erect a banner across Elmwood Avenue at Anderson; and Whereas:The purpose of the banner is to announce the extension of Ujima's Hit production of " In De Beginnin' " through November 8, 1998, possibly longer; and Whereas:The banner will extend from Jimmy Mac's to the light pole on the opposite side of Elmwood. Now, Therefore, Be It Resolved: That this Common Council grant permission to Ujima to erect the banner announcing the extension of their production pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED AYES-13, NOES-0 NO. 145 By: Al Coppola GRANT PERMISSION TO MOUNT ST JOSEPH ACADEMY TO ERECT BANNER Whereas:Mount St. Joseph Academy is requesting permission to erect a banner on Main Street from light pole # S2354 to light pole # S23385; and Whereas:The purpose of this banner is to announce a school fundraiser, Harvest Craft Festival; and Whereas: The banner will be put up on November 1st and taken down on November 24th. Now, Therefore, Be It Resolved: That this Common Council grant permission to Mount St. Joseph Academy to erect a banner announcing their fundraiser pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. Passed Ayes-13, Noes-0 NO. 146 By: Mr. Fontana & Mr. Coppola NIAGARA MOHAWK CUSTOMER PAYMENT FEES Whereas:Local NYCE locations are charging a fee to process Niagara Mohawk bills; and Whereas:It is a violation of the NYCE agreement with Niagara Mohawk to charge such a fee; and Whereas:Our electric rates are 50-60 percent higher on average then other U.S. Cities; and Now, Therefore, Be It Resolved: That the Common Council is asking that Niagara Mohawk immediately contact all NYCE locations for them to stop charging the fee to pay a bill; and Be it Further Resolved: That Niagara Mohawk file with the Council their plans to reimburse customers who paid a fee; and Be it Finally Resolved: That the City Clerk Office send certified copies of this resolution to Niagara Mohawk. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES AND NIMO NO. 147 By: Mr. Franczyk: Page 60 98-1020.txt BOND RESOLUTION $100,000 BONDS CONST. OF PARKING WHRD FACILITY ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of construction of a public parking lot on land parcels located at 11, 17 & 21 Leroy Avenue, in the City, at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of construction of a public parking lot on land parcels located at 11, 17 & 21 Leroy Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000, 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, "Parking Acquisition (WHRD Facility), 1998-99", Bond Authorization Account No. 200-717, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a)The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20. of the Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property Page 61 98-1020.txt 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:October 20, 1998 Laid on the Table NO. 148 By: Mr. Franczyk: BOND RESOLUTION$75,000 BONDSLAND ACQUISITION (WHRD FACILITY)ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $75,000 General Improvement Bonds of said City, to finance the cost of acquisition of land parcels located at 11, 17 & 21 Leroy Avenue, in the City, to provide a public parking area, at the estimated maximum cost of $75,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seventy-Five Thousand Dollars ($75,000), 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 acquisition of land parcels located at 11, 17 & 21 Leroy Avenue, in the City, to provide a public parking area . 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 $75,000, 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, "Parking Acquisition (WHRD Facility), 1998-99", Bond Authorization Account No. 200-717, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are Page 62 98-1020.txt reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $75,000. 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. 21. of the Law, is thirty (30) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)Such obligations are authorized in violation of the provisions of the constitution. Introduced: October 20, 1998 Laid on the Table NO. 149 By: Mr. FranczykCapital Budget AmendmentAddition to Capital Program - 1998-99 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1998-99 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 401 Division of Engineering Elmwood Avenue Parking Lots $1,000,000 PASSED AYES-12, NOES-0 NO. 150 By: Mr. Franczyk Page 63 98-1020.txt TRANSFER OF FUNDSDIVISION OF BUDGET AND MANAGEMENTDIVISION OF BUILDINGS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $13,745.51 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $13,745.51 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $13,745.51 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $13,745.51 To: 201 Capital Project Fund 402 - Division of Buildings 005 - City Hall Masonry Reconstruction $13,745.51 PASSED Ayes-13, Noes-0 NO. 151 By: Mr. Franczyk TRANSFER OF FUNDSCOMMON COUNCIL - CITY CLERK That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,500 be and the same is hereby transferred within the Division of City Clerk and said sum is hereby reappropriated as set forth below: From: 100 General Fund 01 - Common Council 1 - City Clerk 002 - Office of Telecommunications 110 - Salaries - Regular $2,500 To: 100 General Fund 01 - Common Council 1 - City Clerk 001 - City Clerk 302 - Transportation $1,000 305 - Meals & Lodging $1,000 306 - Registration Fees & Dues $500PASSEDAyes-13, Noes-0 NO. 152 By: Mr. Franczyk TRANSFER OF FUNDSPARKING ENFORCEMENTTREASURY That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $25,000 be and the same is hereby transferred from Parking Enforcement and said sum is hereby reappropriated as set forth below: From: 100 General Fund 06 - Department of Administration & Finance 4 - Division of Parking Enforcement Page 64 98-1020.txt 013 - Parking Meters & Enforcement112 - Temporary Services $25,000 To: 100 General Fund06 - Department of Administration & Finance 5 - Division of Treasury 001 - Treasury 112 - Temporary Services $25,000 PASSED AYES-13, NOES-0 NO. 153 By: Mr. Franczyk TRANSFER OF FUNDSFRINGE BENEFITS - RESERVE FOR AGREEMENTS WITH CITY UNIONSCOMMON COUNCIL, MAYOR AND COMPTROLLER That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $128,700 be and the same is hereby transferred from the Fringe Benefits - Reserve for Agreements with City Unions and said sum is hereby reappropriated as set forth below: From: 100 - General Fund 813 - Fringe Benefits 176 - Reserve for Agreements with City Unions $128,700 To: 100 General Fund 01 - Common Council 1 - Legislative 002 - Councilmernber 2 $ 7,937 003 - Councilmember 3 $ 7,937 004 - Legislation Committee Chairman $ 0 005 - Civil Service Committee Chairman $ 7,937 006 - Councilmernber 6 $ 7,937 007 - Education Committee Chairman $ 7,937 008 - Minority Leader $ 7,937 009 - Finance Committee Chairman $ 7,937 010 - Claims Committee Chairman $ 7,937 ú011 - Councilmember II $ 7,937 ú012 - Majority Leader $ 7,937 013 - Community Development Committee Chairman $7,937 02 - President of Common Council 0 - Legislative001 - Legislative $21,27003 - Mayor and Executive Department0 - Executive 00 1 - Executive Function $20,123 04 - Department of Audit and Control 0 - Comptroller 01 - Comptroller $ 0 PASSED AYES-13, NOES-0 NO. 154 By: Mr. Franczyk INCREASED APPROPRIATIONFUND BALANCEPOLICE That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Police be and the same hereby is increased in the sum of $391,000. FROM: Page 65 98-1020.txt That the comptroller be and hereby is authorized and directed to transfer the sum of $391,000 from the Unreserved Fund Balance 100-890-060 to meet this increased appropriation as set forth below: 100-890-060 - General Fund - Unreserved Fund Balance To: 100 General Fund 20 - Department of Police 1 - Police Administration 085 - Exempt Items 981 - Passenger Cars & Other Vehicles Police Cars $341,000 Adaptation of Cars $50,000 REFERRED TO THE COMMITTEE ON FINANCE NO. 155 By: Mr. Franczyk INCREASED APPROPRIATIONDEPARTMENT OF POLICETHAT, PURSUANT TO SECTION 41 OF THE CHARTER AND THE CERTIFICATE OF THE MAYOR AND THE COMPTROLLER SUBMITTED TO THE COMMON COUNCIL, THE APPROPRIATION IN THE BUDGET FOR THE CURRENT FISCAL YEAR FOR APPROPRIATION ALLOTMENTS DEPARTMENT OF POLICE - CLOTHING AND UNIFORMS AND PUBLIC RELATIONS BE AND THE SAME HEREBY ARE INCREASED IN THE SUMS OF $12,000, $5,000 AND $5,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 100 - General Fund 200 - Department of Police General City Revenue 402 - City Revenues62032 - Deposit of Unclaimed Property $22,000 To meet the increased appropriation as set forth below: To: 100 General Fund 20 - Department of Police1 - Police Administration 021 - Administration and Communications427 - Clothing and Uniforms $12,000 100 General Fund 20 - Department of Police 1 - Police Administration 012 - Patrol Services 427 - Clothing and Uniforms $5,000 100 General Fund 20 - Department of Police 1 - Police Administration 001 - Office of the Police Commissioner 586 - Public Relations $5,000 REFERRED TO THE COMMITTEE ON FINANCE NO. 156 By: Mr. Franczyk TRANSFER OF FUNDSCOMMUNITY DEVELOPMENT - BOND FUNDSPUBLIC WORKS - BOND FUNDS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $736,691 be and the same is hereby transferred from the Department of Community Development - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: Page 66 98-1020.txt 203 Capital Projects Fund 717 - Department of Community Development 001- Demolitions $736,691 To: 203 Capital Projects Fund 402 - Division of Buildings 500 - City Demolitions $736,691 PASSED AYES-12, NOES-0 NO. 157 By: Mr. Franczyk GRANT TAX EXEMPT STATUS FOR CENTRAL TERMINAL WHEREAS:The former Central Terminal building at 495 Paderewski Drive, once a symbol of Buffalo's great economic vitality, has in recent decades become a massive reminder of Buffalo's economic decline; and, WHEREAS:The 17-story 1929 Art Deco structure remains one of the most popular preservation projects in the region, enjoying wide support from many segments of the public; and, WHEREAS:A group dedicated to the building's preservation and restoration, the Not for-Profit Central Terminal Restoration Corporation, has been working for the last year to slowly begin the structure's healing process, devastated as it was by rapacious private owners; and, WHEREAS. The depredations visited on the Central Terminal resulted in an eyesore for the City of Buffalo, sapping hope and generally contributing to the decline of the East Side and the city at large; and, WHEREAS:The Central Terminal Restoration Corp. is comprised of preservationists and dedicated community leaders who already improved the climate at the site, including organizing a massive volunteer clean-up with the help of the Preservation Coalition in April 1998. The Corporation has worked to repair the roof and has boarded up broken doors and windows. The company also obtained funds to repair the damaged clocks, and a myriad of other productive activities; and, WHEREAS:In all, almost $400,000 in city, state and federal funds have been committed to the Central Terminal project in the last two years, but it will take many more years and dollars to realize a fully useful building; and, WHEREAS:The negligent previous private owners of the Central Terminal let the building deteriorate, and not surprisingly, did not pay their taxes to the city; and, WHEREAS:The Central Terminal Restoration Corporation, a not-for-profit, already paid a portion of the more than $50,000 in taxes owed by the previous owner, and will pay more this year; and, WHEREAS:It is ludicrous and self-defeating for the Central Terminal Restoration Corp. to continue to pay future taxes on a building that should be declared tax exempt; and, WHEREAS:The Central Terminal is a structure on the National Historic Registry, and is used by the Corp. as an historic resource to promote and protect historic preservation in Buffalo for the benefit of the public; and, WHEREAS: There are no profits to be derived from this building, it is a development project structured to benefit a struggling, very low income neighborhood and the entire city; and, WHEREAS:It is absurd to give the Corp. CDBG and Page 67 98-1020.txt other funds, only to see them poured back into city taxes; and, WHEREAS: Although the Corp. went to the Assessment Review Board and won a reduction in taxes, it is ridiculous that the building is not currently totally tax exempt; and, WHEREAS:When the city wants to develop a huge, decayed building, it does so eagerly, as demonstrated by the city taking title to the Richardson Bldg.; and, WHEREAS:All efforts should be expended to help develop the Central Terminal, rather than foment its continued neglect in a "less desirable" neighborhood; and, WHEREAS:If the Terminal ever became a commercial enterprise with responsible private ownership, its tax status could easily be re-visited, but in the meantime we are "robbing Peter to pay Paul" by siphoning away dollars from the Terminal, only to turn it back to the city; and WHEREAS:The Central Terminal is a building used for the promotion and benefit of historic preservation in and for the people and City of Buffalo, thereby clearly meriting tax exempt status; NOW THEREFORE BE IT RESOLVED: That this Common Council supports exemption of city taxes for the Central Terminal BE IT FINALLY RESOLVED:That the Assessment Department grant tax exempt status to 495 Paderewski Street,Buffalo, a.k.a. former New York Central Terminal on behalf of the Central Terminal Restoration Corporation. REFERRED TO THE COMMITTEE,ON FINANCE, COMMISSIONER OF ASSESSMENT AND CORPORATION COUNSEL. NO. 158 By: Mr. Franczyk BOND RESOLUTION $500,000 BONDS TRAFFIC CALMING PROJECTSACCOUNT 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of traffic calming improvements along various commercial thoroughfares in the City, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of traffic calming improvements along various commercial thoroughfares in the City, but excluding the proposed West Side Gating Project. 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 $500,000, 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 68 98-1020.txt Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Elmwood Ave and Traffic Calming Projects, 1998-99", Bond Authorization Account No. 200-401, and shall be used for the class of objects or purposes 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 $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 72 2nd (a) of the Law, is twenty (20) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)Such obligations are authorized in violation of the provisions of the constitution. Introduced: Laid on the Table NO. 159 By: Mr. Franczyk ELIMINATE USER FEE FOR CENTRAL TERMINAL WHEREAS:The former New York Central Railroad Terminal at 495 Paderewski Drive is a great Western New York landmark, but has suffered decline through the negligence of several private owners in recent decades; and, WHEREAS:Currently, the Central Terminal Restoration Corporation, a not-for-profit organization Page 69 98-1020.txt comprised of preservationists and community leaders, is struggling to save the 1929 Art Deco masterpiece; and, WHEREAS:The Central Terminal remains one of the best-known preservation projects in the region, the ultimate fate of which is a parallel to Buffalo's rise or fall as a city; and, WHEREAS:The Central Terminal Restoration Corp. has attracted some local, state and federal funds to begin the long process of revitalization; and, WHEREAS:The Central Terminal Restoration Corp. organized a massive volunteer clean-up of the Terminal involving hundreds of people from throughout W.N.Y., repaired the roof and boarded up doors and windows; WHEREAS:The efforts of the Central Terminal Restoration Corp. to turn around this structure in a very low income community is hamstrung by unnecessary city charges, to whit, a $78,242.66 User Fee bill; and, WHEREAS:The user fee bill lists the Central Terminal as an "office building," but it has been vacant as an office building for twenty years; and, WHEREAS:The Central Terminal Restoration Corp. has had private volunteer haulers pick up trash and debris, and except for illegal dumpers apprehended by the city recently, there is no garbage or debris picked up by city crews; and, WHEREAS:A $78,242.66 user fee would totally bleed away funds for the redevelopment of the building; and, WHEREAS:It would be a case of "robbing Peter to pay Paul" to foot this huge user fee bill, as all of the monies for the Terminal are from government; and, WHEREAS:Private haulers have been removing the Terminal trash and garbage at no cost; and, WHEREAS:When the Terminal is developed and generating income it would be possible to revisit the user fee issue, but in the meantime the building is vacant and in need of millions of dollars of repair work; and, NOW THEREFORE BE IT RESOLVED: That this Common Council abate the $78,242.66 user fee bill for 495 Paderewski Drive, the former New York Central Terminal on behalf of the Central Terminal Restoration Corporation; and, BE IT FINALLY RESOLVED: That the Common Council request that the Central Terminal Restoration Corporation file information with the Council on who they will privately contract with to pick up their garbage, trash and debris (which now is minimal) in lieu of the user fee. David A. Franczyk REFERRED TO THE COMMITTEE ON FIN ANCE AND COMMISSINOER. OF STREET SANITATION. NO. 160 BY: MS. GRAY SALARY ORDINANCE AMENDMENT50 - DEPARTMENT OF HUMAN SERVICES, PARKS & REC2 - DIVISION FOR SENIOR CITIZENS11 RECREATION PROGRAM FOR THE ELDERLY 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 50 - Department of Human Services, Parks & Recreation - 2 Division for Senior Citizens - 011 Recreation Program for the Elderly, which reads: 7 Senior Citizen Aide $ 21,917 - $ 24,256 Is hereby amended to read: Page 70 98-1020.txt 6 Senior Citizen Aide $ 21,917 - $ 24,256 1 Typist $ 21,917 - $ 24,256 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 for the proposed position Daniel Durawa Commissioner of Human Services, Parks and Recreation JAMES MILROY Director of the Budget APPROVED AS TO FORM Michael Risman Corporation CounselREFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 161 BY: MS. GRAY SALARY ORDINANCE AMENDMENT20 -I DEPARTMENT OF POLICE011 DETECTIVE DIVISION 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 20 - 1 Department of Police - 011 Detective Bureau, which reads: 30Report Technician 23,705 - $ 26,317 Is hereby amended to read: 31Report Technician $ 23,705 - $ 26,317 WE, ROCCO J. DIINA, 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 APPROVED AS TO FORM Michael Risman Corporation CounselREFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 162 By: Mr. Helfer ERECT BANNER ACROSS MAIN STREET-UNIVERSITY HEIGHTS COMMUNITY DEVELOPMENT ASSOCIATION INC. ANNUAL HALLOWEEN CARNIVAL Whereas: The University Heights Community Development Association is sponsoring its Annual Halloween Carnival on Page 71 98-1020.txt Friday, October 30, 1998 and Saturday, October 31,1998;and Whereas: The carnival, which will benefit the youth and athletic departments of the University Heights Community Development Association, will be held at the Gloria J. Parks Community Center; and Whereas: Organizers of the carnival request that they be allowed to hang a promotional banner across Main Street, in front of the Gloria J. Parks Community Center, from October 22, 1998 through November 2, 1998. and Now, Therefore, Be It Resolved: That this Common Council grants permission to the University Heights Community Development Association to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED AYES-13. NOES-0. NO. 163 By: Mr. Helfer and Ms. Gray STUDY WAYS TO REDUCE COSTS THROUGH TOMASELLO CONTRACTING CORPORATION Whereas: Although revenue from the user fee is a necessary component of the City of Buffalo budget, it is desirable to reduce the user fee as much as possible for the benefit of our citizens; and Whereas: Increasing recycling revenue while simultaneously reducing disposal costs is one possible way to reduce the user fee; and Whereas: University District Councilmember Kevin J. Helfer and Councilmember-At-Large Beverly A. Gray recently met with Mr. David Tomasello, owner of Tomasello Contracting Corporation; and Whereas: Mr. Tomasello presented numerous proposals regarding possible cost-cutting measures, including proposals to reduce costs for disposing various materials; and Whereas: Certain City of Buffalo departments must dispose of various building materials, debris, and other waste on a regular basis; in addition, they must dispose of recyclable materials in a proper manner; and Whereas: For example, the Department of Public Works is currently conducting a pilot program which involves assigning a City of Buffalo crew to demolish structures rather than awarding demolition contracts to outside agencies; and Whereas: Demolitions result in a great deal of recyclable and non-recyclable waste. Mr. Tomasello offered options that would allow the City of Buffalo to dispose of building materials and other waste resulting from demolitions at extremely low costs. In fact, Mr. Tomasello will accept concrete free of charge; and Whereas: In addition, the City of Buffalo Department of Human Services, Parks, and Recreation annually produces more than 7,000 tons of mulch and other debris as a result of tree removal and tree trimming; and Whereas: The Department of Street Sanitation sweeps thousands of tons of garbage and debris annually; subsequently, the City of Buffalo must pay to dispose of these materials; and Whereas: The City of Buffalo currently pays varying sums of money to dispose of these various materials; if the City paid a lower rate, we could pass these savings along to our residents; Page 72 98-1020.txt Now, Therefore, Be It Resolved: That the Departments of Street Sanitation, Human Services, Parks, and Recreation, and Public Works provide information regarding the current costs for disposing of various materials, including, but not limited to, leaves, concrete, tree branches, mulch, and building materials; and Be It Further Resolved: That Mr. Edward Marr, Director of the Office of Refuse and Recycling, convene a meeting with a representative from each of the following departments: Street Sanitation, Human Services, Parks, and Recreation, and Public Works, along with Mr. David Tomasello of Tomasello Contracting Corporation, to discuss rates for disposing of both recyclable and non- recyclable materials. REFERRED To THE COMMITTEE ON BUDGET, COMMISSIONER OF STREET SANITATION, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION AND COMMISSIONER OF PUBLIC WORKS. NO. 164 By: Ms. Kavanaugh INCREASED PENALTIES FOR DEMOLITIONS WITHOUT A PERMIT Whereas: Buffalo is well-known around the world for its rich architectural heritage and is justly proud of its historic buildings; and Whereas: Unfortunately, many of Buffalo's older buildings might be demolished before the City could attempt to save them because the penalty for demolition without a permit is not prohibitive; and Whereas: If a contractor or owner fails to obtain a permit prior to demolishing a building the penalty is simply a doubling of the normal permit fee; and Whereas: Some building owners might find it an acceptable cost of doing business to pay the double fee if they are caught without a permit, since they could save money if they are not caught; and Whereas: In order to provide an effective deterrence to prevent the unscrupulous demolition of older buildings, the penalty for demolition without a permit should be increased, thus insuring that the City receives adequate notice before any demolition occurs and has the opportunity to attempt the preservation of historically or architecturally significant structures; Now, Therefore, Be It Resolved: That this Common Council requests the Corporation Counsel to file an Ordinance Amendment increasing the penalty for demolition without a permit to a minimum of $5,000.00, with an additional penalty of $2,500 if the building is more than 100 years old. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 165 By: Ms. Kavanaugh, Mr. Helfer and Mr. Manley PREVENTION OF CABLE TV THEFT Whereas: The theft of cable TV services costs the City of Buffalo thousands of dollars a year in lost franchise fees; and Whereas: Technology exists to prevent thieves from splicing into cable TV lines; and Whereas: A local entrepreneurial company, Brownstone Page 73 98-1020.txt Enterprises, has developed a device and a plan that would greatly reduce cable TV theft in the City of Buffalo; and Whereas: The requirement for implementing an anti-theft campaign, including enforcement by the Bureau of Administrative Adjudication, should be included in the City's contract with its cable TV provider, Pamassos, L.P.; Now, Therefore, Be It Resolved: That this Common Council requests representatives of Brownstone Enterprises, Parnassos, L.P., the City's Office of Telecommunications and the Bureau of Administrative Adjudication to appear before the Council's Telecommunications Committee to discuss the prevention of cable TV theft. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, OFFICE OF TELECOMMUNICATIONS, DIVISION OF ADMINISTRATIVE ADJUDICATION, PUBLIC SERVICE COMMISSION AND CORPORATION COUNSEL. NO. 166 By: Mr. Pitts CITY DEMOLITION OF QUEENO POP FACTORY WHEREAS: The old Queeno Pop Factory at the corner of Genesee Street and Galveston Place off Jefferson Avenue has been an eyesore since the late sixties when it was abandoned; and WHEREAS: Galveston Place, a cobblestone street runs adjacent along the back of the factory building. This street was once residential running from Jefferson Avenue to Grey Street; and WHEREAS: The dilapidated factory building and old abandoned collision garages next to it have been a constant attraction for dumping. Galveston Place has had to be barricaded in order to stem the tide; and WHEREAS: The blight of the abandoned Pop Factory has spread along Genesee Street. This literal urban mess provides the worst view along Genesee and Jefferson Avenue thoroughfares and from the Kensington Expressway; and WHEREAS: It is about time to clean up this area especially after thirty years! Additionally, this area is adjacent to the proposed Homeownership Zone where hundreds of new houses are proposed; and WHEREAS: To leave this terribly blighted area proximate to such a positive and important redevelopment initiative is irresponsible. Besides, by clearing this site, the area along Galveston Place, Genesee Street to Grey Street can be used for a neat residential project. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the Commissioner of Community Development to demolish and clear Old Queeno Pop Factory and adjacent buildings along Galveston Place on an emergency basis. BE IT FURTHER RESOLVED THAT: The Commissioner of Community Develop submit a report stipulating the cost and timetable. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 167 By: Mr. Quintana DAMAGE TO WEST AVENUE PROPERTY OWNERS BY NIAGARA MOHAWK] Page 74 98-1020.txt Whereas: Recently, Niagara Mohawk was performing construction work on West Avenue in the City of Buffalo, during which time damage was done to several properties on the street; and Whereas: Property owners complained to Niagara Mohawk and were informed to file a claim with Niagara Mohawk for damages; and Whereas: Niagara Mohawk proceeded to deny all claims and informed the residents to file claims with their insurance companies for damages; and Whereas: Residents of West Avenue are unhappy and dissatisfied with the way Niagara Mohawk handled the situation by refusing to reimburse any claims for damages caused by their company; Now, Therefore, Be It Resolved: That the Common Council requests representatives from Niagara Mohawk to meet with residents of West Avenue to discuss the situation; and Be It Further Resolved: That this resolution be referred to the Committee on Legislation so that said meeting may be convened in a public forum. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND NIAGARA MOHAWK. NO. 168BY MR. ZUCHLEWSKIFELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Newton-Abbott Volunteer Fire Company By Councilmember s Manley and Brown Felicitation for Educational Opportunity Center By Councilmember Pitts Felicitation for Emmanuel Commandery #21 By Councilmember Pitts ADOPTED. UNFINISHED BUSINESS NO. 169 VETO CLAIM - T. SCIOLI (NO. 1, C.C.P., SEPT. 8,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved the above item be received and filed. Seconded by Mr. Quintana ADOPTED NO. 170VETO CLAIM - T. SCIOLI (CC)(NO. 106, C.C.P., SEPT. 8, 1998) Mrs. LoTempio moved that the above item be taken from the table.Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved the above item be received and filed. Seconded by Mr. Quintana ADOPTED NO. 171 BOND RES - $1,000,000 - RECONST. MACHNICA Page 75 98-1020.txt CTR.(NO. 201, C.C.P., OCT. 6, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 172BOND RES - $500,000 - COMMON COUNCIL CHAMBERS(NO. 202, C.C. P., OCT. 6, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 173BOND RES - $500,000 - TOSH COLLINS CTR.(NO. 203, C.C.P., OCT. 6, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 174BOND RES - $365,000 - PCT. #11 RENOVATIONS (NO. 204, C.C.P., OCT. 6, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 175BOND RES - $250,000 - OLD 1ST WARD COMM. CTR.(NO. 205, C.C.P., OCT. 6, 1998) Mrs. LoTempio moved that the above item be taken from the table.Seconded by Mr. CoppolaCARRIEDMrs. LoTempio now moved approval of the above item.Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 176BOND RES - $150,000 - LAND ACQ. PUBLIC PKG.(NO. 206, C.C.P., OCT. 6,1998) Mrs. LoTempio moved that the above item be taken from the table.Seconded by Mr. CoppolaCARRIEDMrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 177BOND RES - $150,000 - CONST. PUBLIC PKG.(NO. 207, C.C.P., OCT. 6, 1998) Page 76 98-1020.txt Mrs. LoTempio moved that the above item be taken from the table.Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 178BOND RES - $50,000 - CAZ. PK. CASINO(NO. 208, C.C.P., OCT. 6,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED AYES-13. NOES-0. NO. 179L.L. INTRO. #12 (1998) CREATE JOINT SCHOOLS CONSTRCTION BD.(NO. 217, C.C.P., OCT. 6, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Quintana PASSED NO. 180 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Committee Tuesday, October 27, 1998 at 9:30 o'clock A.M. Finance Committee Tuesday, October 27, 1998 following Civil Service Legislation Comittee Tuesday, October, 27, 1998 at 2:00 o'cleek P.M. Community Development Wednesday, October 28, 1998 at 10:00 o'clock A.M.Committee on Education Wednesday October 28, 1998 at 2:00 o'clock P.M. in Room 1417. Ancillary Meetings Special Committee on Municipalization of Electrical Services will be meeting on Wednesday, October 21, 1998 at 2:00 o'clock P.M. in Room 1417. Special Committee on Budget will be meeting on Wedneday, October 21, 1998, at 9:00 A.M. 'in Room 1417 City Hall. Claims Committee Meeting will be held on Wednesday, October 21, 1998 at 1:00 P.M. in Council Chambers. Special Committee on Taylor Law Impasse will be meeting on Friday, October 30, 1998 at 2:00 PM in Room 1417 NO. 181 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 3:51 PMCHARLES L. MICHAUX, Page 77 98-1020.txt IIICITY CLERK Page 78