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HomeMy WebLinkAbout98-0120 98-0120.txt No. 2 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 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 98-0120.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, (INSERT DATE) 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, Williams and Zuchlewski - 12. ABSENT - Council Member Quintana - 1. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on January 6, 1998 were approved. FROM THE MAYOR NO. 1 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY Pursuant to Section 6212 of the Unconsolidated Laws, Page 2 98-0120.txt being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a term expiring December 31, 2001. Said nominee is replacing Christine Nigrelli whose term expired December 31, 1996. Sharon A. Thomas, 76 Benwood Ave., Bflo., N.Y. 14214 At the present time Ms. Thomas is the Deputy Chief Clerk of Buffalo City Court. She is directly responsible for Court operations, primarily responsible for the Criminal Records Division and all aspects of its day-to-day operations. She is affiliated with numerous civic organizations and the recipient of many awards, including Black Achievers Award. David F. Granville, 9 Cottage Street, Buffalo, N.Y. 14201 Mr. Granville is the Executive Director, City of Buffalo Arts Commission. He serves as administrative staff for 15 member City of Buffalo Arts Commission and 17 member Arts and Cultural Funding Advisory Committee. From 1986 thru 1993 David was Director/Assistant Director of Niagara University Theatre, Buffalo Ensemble Theatre, Holy Names College Theatre (Oakland, CA), Greater Buffalo Opera Company, and Eastman School of Music Opera Theatre (Rochester, N.Y.). Thomas Errol Gleed, 204 W. Tupper St., Bflo., NY 14201 At the present time Mr. Gleed is a Special Projects Coordinator in the Department of Community Development. From 1985 to 1995 he was General Store and Merchandise Manager for PELLER & MURE. Mr. Gleed was Vice- President & Secretary of Stuart Gleed, Inc. from 1975-1985 and Vice-President & Secretary of Stuart Gleed of Florida, Inc. from 1984-1990. Tom is very active in career related activities I hereby certify that the above designees are fully qualified to serve as a member of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTROLLER. NO. 2 APPOINTMENTS AND REAPPOINTMENTS OF COMMISSIONERS Reappointment of Commissioner of Administration and Finance I, Anthony M. Masiello, hereby reappoint Eva M. Hassett residing at 292 Rivermist, Buffalo 14202, to the position of Commissioner of Administration and Finance. Commissioner Hassett has done an exceptional job under extremely difficult conditions in restoring stability in the city's financial picture. Through a variety of measures initiated in the Department of Administration and Finance, we have reduced our structural budget gap by 75% or $30 million and renewed confidence in the viability and vitality of Buffalo. Commissioner Hassett's educational background and proven ability to perform merit her reappointment as Commissioner of Administration and Finance. Appointment of Commissioner of Community Development I, Anthony M. Masiello, hereby reappoint Joseph E. Ryan Page 3 98-0120.txt residing at 628 West Ferry Street, Buffalo 14222, to the position of Commissioner of Community Development. Mr. Ryan has extensive experience in developing not for profit housing and other development projects in the Buffalo area. He is well respected in both the public and private sector for his ability to complete projects. He possesses a great understanding of the intricacies of public development including grant procurement and has built strong relationships with both Federal and State development agencies. Mr. Ryan's housing and development background fully qualifies him for the position of Commissioner of Community Development. Appointment of Corporation Counsel I, Anthony M. Masiello, hereby appoint Michael B. Risman residing at 475 Voorhees, Buffalo 14216 to the position of Corporation Counsel. Mr. Risman has been performing as Acting Corporation Counsel since February, 1997 and possesses broad experience in all areas of municipal law. In a variety of capacities in the city Law Department, he has provided legal counsel to the Mayor and Common Council, represented the City and Board of Education in major civil litigation, supervised and coordinated defense and resolution of all claims against the City, and has extensive jury trial and appellate experience which fully qualifies him for the position of Corporation Counsel. Reappointment of Commissioner of Fire I, Anthony M. Masiello, hereby reappoint Cornelius J. Keane residing at 97 Turner, Buffalo 14220, to the position of Commissioner of Fire. Commissioner Keane has proven his ability to manage the Fire Department of the City of Buffalo. Mr. Keane has overseen the reorganization of the Fire Department which has upgraded equipment, developed a new state of the art fire facility and more effectively utilized manpower resulting in a more efficient Fire Department. Commissioner Keane's years of experience at every level of firefighting and his proven ability to perform in this position merits his reappointment as Commissioner of Fire. Appointment of Commissioner of General Services I, Anthony M. Masiello, hereby appoint Matthew L. Brown residing at 168 Brunswick Blvd., Buffalo 14208, to the position of Commissioner of General Services. Mr. Brown currently is a Vice President for Business Development for the Buffalo Enterprise Development Corporation where he supervises a staff of twenty (20) employees and directs operations for the Community Economic Development Initiative (CEDI), Federal Enterprise Community (FEC), New York State Economic Development Zone (NYSEDZ), Entrepreneurial Assistance Program (EAP) and Section III program. His many years of administrative and supervisory experience, his energy and enthusiasm and his dedication to the people of the City of Buffalo qualify him to be Commissioner of General Services. Reappointment of Commissioner of Human Services, Parks and Recreation I, Anthony M. Masiello, hereby reappoint Daniel T. Durawa residing at 184 Wellington, Buffalo 14216 to the position of Commissioner of Human Services, Parks and Recreation. Commissioner Durawa has performed admirably in his capacity as Commissioner. He has reopened lines of Page 4 98-0120.txt communication with the Olmsted Conservancy, various parks user groups, block clubs, community associations and elected officials. He has been instrumental in developing master plans for most of the city's major parks. Commissioner Durawa's long experience in the Parks Department, his energy, enthusiasm and communication skills and his proven ability to manage the Human Services, Parks and Recreation Department merits his reappointment. Reappointment of Commissioner of Police I, Anthony M. Masiello, hereby reappoint R. Gil Kerlikowske residing at 14 Mayfair Lane, Buffalo 14201, to the position of Commissioner of Police. Commissioner Kerlikowske has made great strides in modernizing the Buffalo Police Department by upgrading electronic equipment, acquiring grants to equip police vehicles with computers, developing crime prevention initiatives, and expanding community policing programs. Crime has been reduced and arrests have increased in each of the four years he has been Commissioner. Gil's wide ranging experience in law enforcement, his respected national reputation, and his proven ability to improve the Police Department merits his reappointment as Commissioner of Police. Reappointment of Commissioner of Public Works I, Anthony M. Masiello, hereby reappoint Joseph N. Giambra residing at 22 Taunton Place, Buffalo 14216, to the position of Commissioner of Public Works. Commissioner Giambra has done an outstanding job of managing the Department of Public Works. He played a pivotal role in developing the public/private partnership with American Anglian for operation of the City's water system at a savings to city residents. He has expanded the successful street overlay program and reduced costs throughout the department by more efficient use of manpower. Joe's many years of experience and his proven ability to effectively manage the many divisions of the Department of Public Works justifies his reappointment as Commissioner of Public Works. Appointment of Commissioner of Street Sanitation I, Anthony M. Masiello, hereby appoint Paul V. Sullivan residing at 139 Downing Street, Buffalo 14220, to the position of Commissioner of Street Sanitation. Mr. Sullivan, before becoming Deputy Commissioner 2 1/2 years ago, worked in the Streets Department both as a Foreman and an Equipment Operator and was responsible for directing snow fighting and trash collection. As Deputy Commissioner, Mr. Sullivan assisted in developing more efficient garbage pick-up and modernized garbage and recycling pick up in the City of Buffalo. Mr. Sullivan's 20 years of experience in the department in a variety of capacities qualifies him for the position of Commissioner of Street Sanitation. REFERRED TO THE COMMITTEE OF THE WHOLE, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTROLLER. NO. 3 CERTIFICATION OF APPOINTMENT Appointment Effective January 2, 1998, in the Department of Mayor, Division of Executive, to the position of Telephone Operator, Provisional, at the Intermediate Starting Salary of': $22,490.00 Lanette D. Boulware, 132 Harvard Pl., Buffalo, NY 14209 Page 5 98-0120.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 4 BFLO. PARKING STUDY ADVISORY COMMITTEE REPORT I'm please to enclose a copy of the recently completed City of Buffalo Parking Study Advisory Committee Report. This is the result of a 7-month effort based on the 1996 Downtown Parking Study. Committee members included representatives of my administration, the Common Council, the City Parking Board, Buffalo Civic Auto Ramps, the Downtown Business Community and participants in the Downtown Parking Study. I understand that you have been kept up to date on the process by receiving copies of the meeting minutes. Should you have any questions about this report, please feel free to contact Deborah Chernoff at 856-3150. My final recommendations on the City Parking system will be made in later next month. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 5 DENY SALARY INCREASE FOR CERTAIN EXEMPT EMPLOYEES Please be advised that I respectfully request that the salaries of exempt personnel in the Department of Police be increased by zero percent on July 1, 1996 and by 3 percent on July 1, 1997. These pay increases are in-line with pay raises received by other exempt employees in my administration pursuant to the Local 650 contract settlement which provided a zero percent pay increase in one year of the three year contract. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 6 CHANGE ORDERS ITEM NO. 162, C.C.P. 12/23/97 The above stated item was referred to my attention. I agree with the intent of said item, but feel that a two thousand ($2,000) limit on change orders is unrealistic on multimillion dollar contracts. I would recommend a ten percent (10%) limit on the value of the contract as the threshold for submittal to the Common Council. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BOARD OF ETHICS NO. 7 RESOLUTION--DETERMINING WHETHER DEBTS ARE OWED BEFORE CONFIRMING APPOINTMENTS C.C.P., 11/25/97, NO. 127 You asked the Board of Ethics to review and comment upon the above-cited item. At the Board's monthly meeting of December 16, 1997, we did review that item. We found that the policy enunciated in that item is a sound one and is within your legislative prerogative. We suggest that, instead of uniformly declining to confirm those who have outstanding debts with the City, that a waiver process be included to allow deserving nominees to be confirmed while their City Page 6 98-0120.txt debts are being settled. The Board of Ethics obtains information about City employees and officials only upon their confirmed appointment to their respective positions. We do not learn of nominees or have the capability to determine if they owe the City any debts prior to their confirmation. The Board learns of the debts of City officials through their disclosures in Annual Disclosure and Transactional Disclosure Statements, which are required upon appointment to a position. Filing of such Statements would first occur within 30 days of the official taking office. Code  12-3(A). Since the resolution is directed at citizen appointees to City boards, commissions and bodies, the part of the form disclosing debts (contained in Part B) is confidential under the Code of Ethics, Code  12-28(A)(1). Thus, we can be of little assistance to identify debts owed to the City by potential appointees or nominees for City boards or commissions. RECEIVED AND FILED NO. 8 OPPOSE EXPANSION OF DISCLOSURE REQUIREMENT TO ALL CITY EMPLOYEES You asked the Board of Ethics why the Board opposes expansion of the disclosure requirement to all City employees. Administratively, neither the Board nor the City Clerk's office have the resources to supply, collect, monitor and review annual and transactional disclosure statements from all City employees. Additional staff and increased funding for hearings and other proceedings to obtain completed statements from all City employees would be required if tile Code of Ethics were amended to compel the thousands of City employee's to complete and file disclosure statements. Residency in closure statements is but one fact to be furnished by those officials or City employees currently required to file; it is other aspects of disclosure requested by the statement that the Board of Ethics focuses upon. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 9 BOARD OF ETHICS MEETING - OCTOBER 21, 1997 MINUTES PRESENT:Charles E. Carr Douglas S. Coppola, Esq. Charles L. Michaux Hon. H. Buswell Roberts ABSENT: Sr. Denise A. Roche, GNSH .Michael Risman The meeting was called to order at 8:50 a.m. by Judge Roberts. David Hayes was present for Michael Risman. Douglas Coppola made a motion to approve the minutes of the September 23rd meeting, seconded by Charles Carr. The hearing on October 7,1997 was discussed and the City Clerks office supplied a list of board members who attended that hearing. Also, included was if they had filed their 1997 Disclosure form or not. Non-filers who appeared for the hearing and filed their 1997 Disclosure Statement the board requested they be fined. For those that appeared for the hearing and did not file Douglas Coppola made a motion that they be fined and recommended their removal off that board, seconded by Denise Roche. Others that did not appear and did not request to have it rescheduled the board recommended that they be removed off that board. The Page 7 98-0120.txt board is asking the Corporation Counsel to prepare these letters to those individuals and mail them certified mail. An updated list of filers was submitted to all Ethic board members by the City Clerks . The next hearing date is scheduled for November 5,1997 and notices were mailed out by the Law Dept. Letters of resignations were received and filed from Susan O'Connor and William Grady. The next meeting is scheduled for Nov 21, 1997. The meeting adjourned at 10:00a.m. RECEIVED AND FILED FROM THE COMPTROLLER NO. 10 DISCLOSURE STATEMENTS DEPARTMENT OF AUDIT & CONTROL In response to David Hayes memo of January 13, 1998, please be advised that the employees listed below are required to file Annual Disclosure Statements. Joel A. Giambra, Comptroller Bruce L. Fisher, Deputy Comptroller Lawrence D. Jasinski, Executive Assistant James S. Pajak, City Accountant Andrew SanFilippo, Investment Officer Richard C. Pawarski, City Auditor - John Zebracki, Director of Data Processing Dennis Dargavel, Director of Real Estate Bridget Carpino, Director of Collections RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY 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 $37,375 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 $37,375 To: 81-8 Interfund Transfers ú100-Transfer to Capital Projects Fund $37,375 From: 81-8 Interfund Transfers ú101-Transfer to Capital Projects Fund $37,375 To: 201 Capital Project Fund 402 - Division of Buildings 005 - City Hall Masonry Reconstruction $37,375 RECEIVED AND FILED NO. 12 CERTIFICATE OF NECESSITY TRANSFER FUNDS 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 $4,935.01 Page 8 98-0120.txt be transferred and reappropriated within the Division of Buildings Capital Improvements Account, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 200 Capital Projects Fund 40 - Department of Public Works 2 - Division of Buildings 501 - Reconstruction of Kleinhans Music Hall $4,935.01 To: 200 Capital Projects Fund 40 - Department of Public Works 2 - Division of Buildings 528 - Reconstruction of Kleinhans Music Hall $4,935.01 RECEIVED AND FILED NO. 13 CERTIFICATE OF NECESSITY 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 S3,650 be transferred and reappropriated from the Department of Community Development Capital Projects Fund, as set forth below: The amount to be transferred represents all 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: 201 Capital Projects Fund 717 - Department of Community Development 003- Renovation of Citywide Playgrounds and Parks $3,650 To: 100 Capital Projects Fund 402 - Division of Buildings 063 - Reconstruction Swimming & Diving Pools (Connors-Kait-Harrity Pool - Cazenovia Park) $3,650 RECEIVED AND FILED NO. 14 CERTIFICATE OF NECESSITY CAPITAL PROJECTS - DIVISION OF PARKS CAPITAL PROJECTS FUND - 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 $1,157.09 be transferred and reappropriated from the Capital Projects Fund in the old Division of Parks, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 200 Capital Projects 601 - Division of Parks (old designation) 039 - South District Parks$1157.09 To: Page 9 98-0120.txt 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction Swimming & Diving Pools (Connors-Kait-Harrity Pool - Cazenovia Park)$1157.09 RECEIVED AND FILED NO. 15 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND ST. AMBROSE SCHOOL FOR USE OF A PORTION OF FORMER SCHOOL #29 ROOMS 225, 226 & 236 ITEM NO. 120, C.C.P. 3/19/96 Pursuant to Item No. 120, C.C.P. 3/19/96, Your Honorable Body authorized to renew the lease agreement between the City of Buffalo and St. Ambrose School for use of a portion of former School #29, Rooms 225, 226 & 236 for the period of March 1, 1996 through February 28, 1998. The Comptroller's Office, Division of Real Estate, has received a letter from the Diocese of Buffalo, on behalf of St. Ambrose School, requesting to renew this lease agreement for a two year period to commence on March 1, 1998 through February 29, 2000. The Diocese of Buffalo has agreed to amend the current lease whereby the St. Ambrose School would be responsible for their share of the cost of the garbage user fee, if it is required. Note this building (former School #29) is shared with numerous organizations. All other terms and conditions will remain the same. This office recommends that Your Honorable Body renew their present lease agreement for an additional two year period to commence on March 1, 1998 and expire February 29, 2000. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated January 2, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into a lease between the City and St. Ambrose School, for use of a portion of former School 929, Rooms 225, 226 & 236 for a two (2) year term commencing on March 1, 1998 and to expire February 29, 2000, and that St. Ambrose School would be responsible for their share of the cost of the garbage user fee, if it is required. All other terms and conditions will remain the same. That the Corporation Counsel be authorized to prepare the necessary documents to enter into said lease and that the Mayor be authorized to execute the same. PASSED. AYES-12 NOES-0 NO. 16 REQUEST TO LEASE PORTION OF FORMER SCHOOL #29, 2193 SOUTH PARK ERIE COUNTY LEGISLATURE - MICHAEL A. FITZPATRICK The Comptroller's Office, Division of Real Estate, is in receipt of a letter from Erie County Legislature, Michael A. Fitzpatrick requesting to lease space in the former School #29 building for a district office. He is requesting to use space that is available on the first floor, northeast section of the building, 18'x 20'. County Page 10 98-0120.txt Legislature Fitzpatrick is requesting a two year lease commencing January 5, 1998. The Division of Real Estate has determined that $150.00 per month is a fair rental price. County Legislature Fitzpatrick shall provide insurance saving the City harmless from any liability, as set forth per Item #1 97, C.C.P. 3/31/97 - Insurance Requirements for lease of city-owned properties. I am recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease incorporating but not limited to the above aforementioned terms and conditions that may deem necessary to protect the interest of the City of Buffalo. I am also requesting that Your Honorable Body authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated January 14, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into a lease between the City and the Polish Community Center Erie County Legislature, Michael A. Fitzpatrick, for lease of space in the former School #29 building for a district office for a two (2) year term commencing on January 5, 1998 . The monthly rental fee is $150.00 and that County Legislature Fitzpatrick shall provide insurance saving the City harmless from any liability, as set forth per Item No. 197, C.C.P., 3/31/97 - Insurance Requirements for lease of city-owned properties. That the Corporation Counsel be authorized to prepare the necessary documents to enter into said lease and that the Mayor be authorized to execute the same. PASSED. AYES-12 NOES-0 NO. 17 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND POLISH COMMUNITY CENTER OF BUFFALO, INC. FOR USE OF 379 PADEREWSKI DRIVE ITEM NO. 12, C.C.P. 6/14/94 Pursuant to Item No. 12, C.C.P. 6/14/94, Your Honorable Body authorized a four year lease agreement between the City of Buffalo and the Polish Community Center of Buffalo, Inc. for use of 379 Paderewski Drive. This lease expires on February 28, 1998. The Comptroller's Office, Division of Real Estate, has received a request from the Polish Community Center of Buffalo, Inc. to renew their lease for two year period to commence on March 1, 1998 and expire on February 28, 2000. They have agreed to amend the current lease whereby the Polish Community Center of Buffalo, Inc. will be responsible for the cost of the garbage user fee. The rental will remain at One Dollar ($1.00) per year and all other terms and conditions of said lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for an additional two year period to commence on March 1, 1998 and expire February 28, 2000. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated January 14, 1998, be received and filed; and Page 11 98-0120.txt That the Comptroller be, and he hereby is authorized to enter into a lease between the City and the Polish Community Center of Buffalo, Inc. For use of 379 Paderewski Drive for a two (1) year term commencing on March 1, 1998 and expire February 28, 2000. The annual rental fee is One Dollar ($1.00) per year and all other terms and conditions of said lease shall remain the same. That the Corporation Counsel be authorized to prepare the necessary documents to enter into said lease and that the Mayor be authorized to execute the same. PASSED. AYES-12 NOES-0 NO. 18 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND SENECA BABCOCK COMMUNITY ASSOCIATION, INC. FOR USE OF 1168 SENECA The Comptroller's Office, Division of Real Estate has determined that there is no lease agreement between the City of Buffalo and the Seneca Babcock Community Association, Inc. for use of city-owned property located at 1168 Seneca Street. It appears that the Seneca Babcock Community Association, Inc. took occupancy of this building sometime in July of 1975. This office is requesting Your Honorable Body to approve a lease agreement between the City of Buffalo and the Seneca Babcock Community Association, Inc. for use of 1168 Seneca Street in order to provide community services with the following terms and conditions: 1 .This lease should be for a 5 year period commencing January 1, 1998 and expire December 30, 2002. 2.The Seneca Babcock Community Association, Inc. shall be responsible for the cost of the utilities, garbage user fee and for all minor repairs and maintenance. 3.The City of Buffalo, Department of Public Works shall be responsible for all major repairs. 4.The annual rental fee shall be One Dollar ($1.00) per year. 5.The Seneca Babcock Community Association, Inc. shall provide insurance saving the City harmless from any liability, as set forth per Item #197, C.C.P. 3/31/97 - Insurance Requirements for lease of city-owned properties. 6. The lease shall have a 30 day cancellation clause by either party. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease incorporating but not limited to the above aforementioned terms and conditions that may deem necessary to protect the interest of the City of Buffalo. I am also requesting that Your Honorable Body authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated January 13, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into a lease between the City and the Seneca Babcock Community Association, Inc., for use of city-owned property located at II 68 Seneca Street for a five (5) year ten-n commencing on January 1, 1998 and expiring December 30, 2002. The annual rental fee is $ 1.00 (One Dollar) and with the terms and conditions as listed above. That the Corporation Counsel be authorized to prepare the necessary Page 12 98-0120.txt documents to enter into said lease and that the Mayor be authorized to execute the same. PASSED. AYES-12 NOES-0 NO. 19 LEASE BETWEEN THE CITY OF BUFFALO AND THE RESTORATION SOCIETY - USE OF 12-14 ELMWOOD The Division of Real Estate has received a letter dated 12/12/97 from Fire Commissioner Keane advising this office that after consulting with his staff it has been determined that the Fire Department is in need of occupying the two- story former Painters Union Hall at 12-14 Elmwood (see attachment). As a result they are requesting that we do not extend our lease with the-Restoration Society. I am, therefore, requesting that Item No. 5, CCP 12/9/97 (Lease Between the City of Buffalo and the Restoration Society for use of 12- 14 Elmwood Avenue), which has been referred to the Committee on Finance be received and filed. If you have any questions or comments, please feel free to contact this office at extension 5278. REFERRED TO THE COMMITTEE ON FINANCE NO. 20 RESPONSE TO ITEM #1 16, C.C.P. 1/6/98 - NEGOTIATE RESALE OF 91 ADAMS ITEM NO. 116, C.C.P. 1/6/98 - The above referenced item was referred to the Comptroller's Office, for a response. This resolution requests that the Division of Real Estate and the Division of In-Rem negotiate the sale of 91 Adams to Mr. & Mrs. Eddie Johnson. As of July 1, 1997 the Division of Real Estate only handles sales and/or leases that pertain to capital assets (former precincts, school, firehouses, playgrounds and/or the sale of a portion of a street or alley) and the acquisition of privately owned property for a municipal purpose. The Division of In-Rem in the Department of Community Development was created as of July 1, 1997 and they are responsible for the selling, homesteading, leasing and maintaining of all in-rem property (property that was struck to the city through a foreclosure). Based on the above, the referenced item should be referred solely to the Division of InRem in order to negotiate the sale of 91 Adams. I am, therefore, recommending that this item be referred to the Department of Community Development for a response. RECEIVED AND FILED NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective January 5, 1998 in the Department of Audit and Control, Division of Accounting, to the Position of Associate Accountant, Permanent, Appointment, at the: Maximum Starting Salary of: $39,004 Francis R. Cahill, 60 LaSalle Avenue, Buffalo NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 22 CERTIFICATE OF NECESSITY AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS Page 13 98-0120.txt 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, 1997 for the ensuing fiscal year, by adding the following item: 200 Capital Projects 402 Division of Buildings Main - Tupper Police Precinct$2,500,000 RECEIVED AND FILED NO. 23 CERTIFICATE OF NECESSITY APPROPRIATION ALLOTMENTS - BOARD OF EDUCATION We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify y pursuant to Section 41 of the Charter, that an increase in the sum of $1,000,000 in the estimates for the fiscal year beginning July 1, 1997 is necessary in Appropriation Allotments - Board of Education, 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 a $1,000,000 increase in the General City Revenue account 100-8 1 0403-85520 - State Revenue Sharing, not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: To: 100 General Fund 97-0 - Board of Education Operation and Maintenance.$1,000,000 RECEIVED AND FILED NO. 24 CERTIFICATE OF NECESSITY APPROPRIATION ALLOTMENTS - BOARD OF EDUCATION 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 $1,000,000 in the estimates for the fiscal year beginning July 1, 1997 is necessary in Appropriation Allotments - Board of Education, 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 detail of the requirements are set forth below: To: 100 General Fund 97-0 - Board of Education Operation and Maintenance.$1,000,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 25 APPOINTMENT TO THE ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE I hereby appoint the following individual to the Arts and Funding Advisory Committee: Todd Kniazuk 316 Willet Street Buffalo, N.Y. 14206 Mr. Kniazuk's term will expire June 30, 1998 Page 14 98-0120.txt Mr. Kniazuk is fully qualified to serve as a member of the Arts and Funding Advisory Committee. Mrs. LoTempio moved: That the above communication from the Council President dated January 13, 1998, be received and filed; and That the appointment of Todd Kniazuk, residing at 316 Willett Street, as a member of the Arts and Funding Advisory Committee for a term expiring June 30, 1998, be, and hereby is approved. ADOPTED FROM THE COMMISSIONER OF ASSESSMENT NO. 26 STAR EXEMPTION NYS EXTENSION FILING DATE The Department of Assessment has just been notified via a fax communication, see attached, that the New York State Legislature passed and Governor Pataki signed on January 12, 1998 an extension to the filing period for the School Tax Relief (STAR) Exemption. This new legislation extends the application period to March 2, 1998 with a provision to allow an assessing unit to adopt a local law or resolution requiring applications for the STAR exemption for the 1998-99 school taxes to be filed earlier than March 2, 1998 but not earlier than February 5, 1998. It is my understanding that without the local law or resolution the City of Buffalo will be required to accept applications until March 2, 1998 producing serious consequences for this office and the City. The Final Assessment Roll is to be completed by March 1st and notices of assessment challenge decisions are tied into this roll date as is the deadline for filing small claim and Article 7 appeals. The final roll assessment figures are required for the City's budget planning and for the Sewer Authority's budget calculations. Should the City be required to continue to accept applications until March 2, 1998 the Final Roll would not be ready until all forms are processed, data entry is completed and the roll is generated and printed which could result in a delay of several weeks. A mass mailing in November 1997 generated a great deal of interest in the STAR exemption and in response your Honorable Body passed a resolution extending the Taxable Status date and thus the filing date for the STAR applications to December 15 to accommodate the numerous taxpayers applying. Since that extended deadline we have received some inquiries and additional applications but nothing even approaching the previous interest. Therefore, I would recommend that the Common Council exercise the option provided in the new legislation and pass a resolution limiting the extended application period for the STAR exemption to Friday, February 6, 1998, thus allowing more time for the eligible Senior Citizens to apply but still allowing the Assessment Department sufficient time to process new applications and to complete the Final Assessment Roll by March 1, 1998. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 TAX COLLECTION PROCEDURE ITEM #70, C.C.P. 12/23/97 The above item was referred to this office for a response. Bruna Michaux, Senior Tax Administrator, reviewed Mrs. Page 15 98-0120.txt Nowakowski's communication with Associate Tax Clerk Rachelle Malek and Account Clerk Robert Schmarder who verified they spoke to Mrs. Nowakowski but they dispute her allegations. Attached is a written response and the events that occurred regarding this matter. As a point of information, the Department of Assessment notified the taxpayer of the pending tax foreclosure on May 21, 1997, August 11, 1997 and December 2, 1997. As you can see this office made every attempt to apprise Mrs. Nowakowski of her tax liability and the $450 foreclosure fee. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 REQ. INDEPENDENT APPRAISAL NIMO POWER CHOICE PROGRAM ITEM #100, C.C.P. 01/06/98 The above item has been referred to this office for comment. The real estate owned by Niagara Mohawk and valued for tax assessment purposes must as a result of its uniqueness be classified as specialty property, an acceptable appraisal method. To attempt to value this property in a fashion used for the average commercial or industrial real estate would produce a grossly inaccurate value. Very few appraisal companies are even. qualified much less have the staff and supporting programs to conduct a specialty appraisal and therefore, the cost of specialty appraisals is very high. An additional complication in this matter is the equipment which must also be appraised and the fact that there are no local companies capable of valuing the equipment. The structures and buildings can probably be valued by a local or at least an appraisal company operating in New York State, however, the cost to appraise the equipment is unknown and a company must be identified which is capable of conducting that portion of the appraisal. The attached material is a copy of part of the advisory provided to this department by New York State for the valuation of Niagara Mohawk property. It is quite evident this is not a legitimate appraisal and should the certiorari proceeding with Niagara Mohawk proceed to the stages of exchanging appraisals it will be necessary at that time for the City to contract with a company to perform the appraisal. However, until that point is reached I would recommend against incurring the expense of the appraisal. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 29 NOTIFICATION SERIAL #8978 REPEAL ONE-WAY STREET DIRECTION BRINKMAN AVENUE FROM DOAT STREET TO ROHE STREET ONE-WAY STREET DIRECTION - 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 pan of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the Page 16 98-0120.txt following:ONE-WAY STREET DIRECTION STREET DIRECTION OF TRAFFIC MOVEMENT Brinkman Avenue Southbound from Doat Street to Rohe Street This action is being taken to improve traffic flow and at the request of the (former) District Councilmember. A survey was conducted of a property owners on Brinkman Avenue between Doat and Rohe Streets informing them of this change. Of the thirty-six (36) property owners notified. five (5) were unreachable and only one (1) written objection was received by this office. This department has no objection to the changes and finds no major impact on traffic to the surrounding area. (See next serial) NOTIFICATION SERIAL #8979 INSTALL STOP SIGNS IN BRINKMAN AVENUE AT DOAT STREET STOP SIGNS - 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 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Brinkman Avenue Doat Street This action is necessary due to the change of Brinkman Avenue from one-way to two-way traffic. (See previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 AUTHORIZATION FOR THE MAYOR TO ENTER INTO AGREEMENTS FOR THE FOLLOWING FEDERAL-AID PROJECTS ITEM NO. 43; C.C.P. 06/25/96 I hereby request Your Honorable Body's authorization for the Mayor to execute all necessary agreements on behalf of the City of Buffalo with the New York State Department of Transportation to the extent of up to 100% of the non- Federal share. If Marchiselli funding should become available, the City share for any phases occurring in that year, would be reduced accordingly. The projects will be funded 80% by the Federal Government. Funds for the City share will be available when bonds are sold. 1.P.I.N. #5755.01 Main StreetScott Street to Exchange Street Lower TerraceMain Street to Pearl Street Perry Blvd. Erie Street to Pearl Street 2.P.I.N. #5755.02 Mississippi StPerry Street to South Park Avenue Columbia Street Perry Street to South Park Avenue 3.P.I.N. #5755.03 Mary Street Illinois Street to Mississippi Street 4.P.I.N. #5755.04 Page 17 98-0120.txt Perry St. Ext. Main Street (West Thence North) to Scott Street Pearl Street Scott Street to Lower Terrace Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated January 12, 1998, be received and filed; and That the Mayor be, and he hereby is authorized to execute all necessary agreements, as more fully described in the above communication, on behalf of the City with the New York State Department of Transportation to the extent of up to I 00% of the non-Federal share. The projects will be funded 80% by the Federal Government. Funds for the City share will be available when bonds are sold. PASSED AYES-12 NOES-0 NO. 31 PERMISSION TO HIRE CONSULTANT ENGINEER RECONSTRUCTION OF HERTEL AVENUE DELAWARE TO MAIN - AN5754.43 "CORRECTION OF CHARGEABLE BOND FUND NUMBER" On December 23, 1997, CCP# 22 was passed authorizing local share expenditures for the above referenced project. This Department incorrectly identified CBF# 200-401-009 as the appropriate chargeable account; the correct CBF# is 200-401-027 (Local Match-Reconstruction of Streets). We request your approval of this correction. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated January 13, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to correct the appropriate chargeable account; to read CBF# 200-401-027 (Local Match- Reconstruction of Streets) instead of CBF# 200-401-009. PASSED. AYES-12 NOES-0 NO. 32 PERMISSION TO ENGAGE CONSULTANT YEAR 2000 COMPLIANCE BUFFALO CITY COURT BUILDING I respectfully request Your Honorable Body's permission to engage an Electrical Engineering Consultant to examine the Buffalo City Court's electronic building systems to determine if they are Year 2000 Compliant. Funds for this work are available in CPF 200-402-014. REFERRED TO THE COMMITTEE ON FINANCE NO. 33 CHANGE ORDERS ITEM NO. 162, C.C.P. 12/23/97 The subject item was referred to this department for comment. For the past several years the Department of Public Works has been reporting unit price contracts to the Common Council and has been requesting that the contract be awarded for the amount of the bid plus 10% for unit price items. This has worked very well and has reduced the number of change orders on unit price contracts. We are still very concerned, however, with regard to change orders on lump sum bids for such projects as Page 18 98-0120.txt rehabilitation of existing buildings and construction of new buildings. Many items, particularly on reconstruction projects, are unforseeable at the time of bidding and require that change orders be issued. In many cases delaying the issuance of a change order could cause physical damage to the structure and delay the project significantly. This department will work closely with Your Honorable Body to determine the proper way to handle these items. REFERRED TO THE COMMITTEE ON FINANCE NO. 34 CHANGE IN CONTRACT BUFFALO POLICE HEADQUARTERS 1ST AND 4TH FLOORS I hereby submit to Your Honorable Body the following changes for Buffalo Police Headquarters, 1st and 4th Floors, J. M. State Refrigeration, C #9 1 905500. 1.Furnish and install new central air conditioning system for the 1st floor offices. Add $ 3,048.00 The foregoing change results in a net increase in the contract of Three Thousand Forty Eight and 00/100 Dollars ($3,048.00). Summary:Original Amount of Contract$21,995.00 Amount of This Change (No. 1)Add 3,048.00 Revised Amount of Contract $25,043.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 100-201-085-00-910 Department of Police. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 35 CHANGE IN CONTRACT RECONSTRUCTION OF POLICE HEADQUARTERS 1ST AND 4TH FLOORS ELECTRICAL CONTRACT I hereby submit to Your Honorable Body the following changes for Reconstruction of Police Headquarters, 1st and 4th Floors, Grand Island Electric Inc., C 91903100. 1.Install 40AMP, 208V feed for A/C compressor in finance area as per NEC, and furnish and install RUUD 25OW MH above door in parking area. Add $1,414.88 The foregoing change results in a net increase in the contract of One Thousand Four Hundred Fourteen and 88/100 Dollars ($1,414.88). Summary: Original Amount of Contract $21,313.00 Amount of Change No. 1 (CCP 10/28/97, #29) Add 1,784.00 Amount of Change No. 2 (CCP 12/9/97, #25) Add 883.58 Amount of This Change (No. 3) Add 1,414.88 Revised Amount of Contract $25,395.46 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect, E I Team, Inc., and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 100-201-085-00-91 0 - Page 19 98-0120.txt Department of Police. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 CHANGE ORDER NO. 2 COLONEL WARD PUMP STATION WALL REHABILITATION PROJECT #40G CITY CONTRACT NO. 91928000 I hereby submit to your Honorable Body the following Change Order No. 2 with Wilsandra Construction Company, Inc. for work relating to Colonel Ward Pump Station - Wall Rehabilitation Project #40G, City Contract No. 91926000. New Work Item No. 3 - Temporary installation and support of 41 waterline and buried brick removal for caisson drilling. Increase: $ 1,563.10 A holdup on the location of the expansion joint in the basement foundation wall was ordered pending resolution of the added masonry wall replacement. The 41 ductile waterline could not be permanently relocated until the expansion joint was cut and the new foundation wall formed and poured. A temporary hook-up of this 41, waterline was done. The second lowest bidder on this project was Paragon Northeast Corporation, Inc. at $211,700.00. Costs have been reviewed by the Department of Public Works and the Consulting Engineer and found to be fair and equitable. SUMMARY: Original Amount of Contract $172,075.00 Change Order No. 1 - Increase $ 27,903.00 Change order No. 2 - Increase $ 1,563.10 CONTRACT AMOUNT $201,541.10 Funds in the amount of $1,563.10 are available in the Division of Water's 416-983-502-00-000 Capital Projects Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 37 CHANGE IN CONTRACT CHANGE ORDER #1, NO COST MARINE MIDLAND ARENA - PHASE I-B; GROUP NO. 364 CONTRACT NO. 91906600 ITEM NO. 35; C.C.P. 06/10/97 I hereby submit to Your Honorable Body the following negotiated unit price additions to the contract: ITEMDESCRIPTION 1.In order install a section of wall on Illinois Street, an existing fence had to be removed and a concrete retaining wall installed CITYUNIT UNITUSEDPRICECOST L.S. 1 $1,700.00$1,700.00 2.Empty pallets were stock- piled then transported to LaSalle Park. These pallets will be used for pelletizing of cobblestones for future work on cobblestone street projects Page 20 98-0120.txt Ea.673$2.05$1,379.65 3.Transportation of remaining pallets of granite cobblestones to the fenced in area at the Water Authority property at LaSalle Park. These cobblestones will be used on future reconstruction projects. Ea.300$23.00$6,900.00 4.Due to the difference in size of the cobblestone that were being reused on Illinois St., an additional 1 1/211 of sand/ cement mix was placed on Illinois Street. Cu.Yd.53$70.90$3,757.70 Total Negotiated Unit Price Additions to Contract$13,737.35 I hereby submit to Your Honorable Body the following deductions to the contract: SPEC. ITEM NO.DESCRIPTION 02.140Removal and Disposal of Contaminated Material REDUCEUNIT BIDPRICEDEDUCT UNITQTY.BIDCOST L.S. 1$10,000($10,000) 6.120Vault Repair L.S.($3,735.35)$10,000 ($3,737.35) Total Deductions to Contract ($13,737.35) CONTRACT SUMMARY: Original Contract Amount $998,350.00 This Change Order 41 (No Cost) 0.00 TOTAL $998,350.00 The preceding deductions and additions to the contract were deemed necessary to properly complete work on the project. All costs were reviewed by the consultant and engineering staff and were found to be fair and equitable. Therefore, I respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue and change order to Leone Construction, Inc. REFERRED TO THE COMMITTEE ON FINANCE NO. 38 INFORMATION GOOD; DIVISION OF WATER PROJECTS SERIES 1998 BONDS The following projects, which have previously been approved by Your Honorable Body, will be financed by the Series 1998 Bonds to be issued by the Water Finance Authority this March: 1.Arsenal, Nash, Mark - Main Replacements 2.Camden, Hartwell, Shoreham - Main Replacements 3.West Side Main Replacements 4.Vulcan, Rand, Crowley - Main Replacements 5.Seneca Street - Main Replacements 6.Emerald Channel Intake Rehabilitation 7.Meter Program 8.Filter Gallery Floor and Roof Repair 9.Chemical and Petroleum Bulk Storage This communication is for your information only. RECEIVED AND FILED NO. 39 REDUCTION IN RETENTION CITY CONTRACT NO. 91896300 GROUP "AL WATERLINE REPLACEMENT VISONE CONSTRUCTION Page 21 98-0120.txt The contract for Group "All Waterline Replacement in Eden Street, Ashton Place, Hollywood Avenue, Marilla Street, Mumford Street, Pries Avenue, Spauld Street and Watts Street between the City of Buffalo and Visone Construction, Inc., City Contract No. 91896300, is 99% complete. The remaining work consists of minor landscaping which cannot be completed until the Spring of 1998. It is hereby respectfully requested that your Honorable Body authorize the reduction of retention in this contract from ten percent currently being held to approximately one percent. The value of the landscaping work is estimated to be $10,000.00. The $15,000 will be retained to ensure the contractor completes the work. Mrs. LoTempio moved: That the above communication from the Commissioner of public Works dated January 15, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorizes the reduction of retention in the contract for Group "A" Waterline Replacement for the above listed, from ten percent currently being held to approximately one percent. PASSED. AYES-12 NOES-0 NO. 40 RETURN TWO-WAY (2) TRAFFIC TO BRINKMAN AVENUE BETWEEN DOAT AND ROHE STREETS ITEM NO. 143; C.C.P. 09/30/97 This is in response to Item No. 143 of September 30, 1997. This item requested that the Department of Public Works - Traffic Engineering Division investigate the feasibility of returning two-way (2) traffic to Brinkman Avenue between Doat and Rohe Streets. Please be advised that this department has completed its traffic study of the area and has no objection to granting this request. Consequently, the necessary Notification Serials (#8978 and #8979) have been prepared and submitted at this meeting for Your Honorable Body's consideration. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 REQUEST TRAFFIC SIGNAL - DOAT STREET AT MAY STREET ITEM NO, 72; C.C.P, 09/16/97 ITEM NO. 19; C.C.P. 09/16/97 This is in response to Item No. 19 of September 16, 1997. This item requested that the Department of Public Works Traffic Engineering Division install a traffic signal at the intersection of Doat and May Streets. Presently, traffic is controlled by stop signs present in May Street at Doat Street. A traffic signal study was conducted through the Traffic Office to determine whether the installation of a traffic control signal was warranted at this location. This study concluded that none of the signal warrants for the installation of a traffic signal are satisfied. Therefore, this department will not be installing a traffic signal at Doat and May Streets. Results of the study are available for review in the Traffic Engineering Office (Room 512 City Hall). Page 22 98-0120.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 OHIO STREET LIFT BRIDGE; REPAIRS TO DECK ITEM NO. 33; C.C.P. 10/14/97 I hereby submit the following information to Your Honorable Body. At the completion of the Michigan Avenue Lift Bridge Rehabilitation Project, Gateway Welding was hired by informal bid to perform work on the Ohio Street Lift Bridge that couldn't be done while the Michigan Avenue Lift Bridge was closed. As part of Gateway's contract, Gateway Welding was instructed to weld 100 cracked joints at $35.00 per joint. After a closer inspection, it was determined the actual amount of joint repair would be approximately 1800. This was due to the amount of heavy truck traffic detoured over the Ohio Street Lift Bridge for two (2) years. We renegotiated this item with Gateway Welding and came to an agreed price of $55.00 per hour rather than $35.00 per joint. This works out to about $10.00 per joint or $18,000.00. Due to the urgency of the work, the Commissioner of Public Works ordered the work to be done. This will be paid under separate contract to Gateway Welding. Funds for this work are available in Bond Fund No. 200- 401-015. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated January 13, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to charge the costs of joint repairs being performed by Gateway Welding as more fully set forth above, to Bond Fund No. 200-401-015. PASSED. AYES-12 NOES-0 NO. 43 ERIE BASIN MARINA A preliminary review of revenue and expenses for the operations of the Erie Basin Marina indicated that the City realized approximately $190,000 surplus during the 1997 operating season. Under the previous contract with the Aud Club, Inc., the City was paid approximately $194,000 for the previous season. We have requested that the Comptroller conduct an audit of the Marina expenses and revenues. This audit will be filed with the Council. Considering that slip rental rates have not been increased for the past four (4) years, I suggest that your Honorable Body authorize an increase of 5% for the 1998 Season. This Department will be requesting deposits in the next few weeks and we will advise slip renters that slip rental rates have not yet been approved. Should an increase be granted and a potential slip renter does not wish to remain in the Erie Basin Marina, a refund will be issued. REFERRED TO THE TASK FORCE ON ERIE BASIN MARINA. NO. 44 ABANDONMENT OF PORTION OF WHITLOCK STREET ITEM NO. 165, C.C.P. 9/30/97 Page 23 98-0120.txt The Department of Public Works has been informed by the Buffalo Board of Education that, in order to build the proposed Northwest Academy Project it will be necessary for the City of Buffalo to close and abandon a portion of the dedicated public street known as Whitlock Street. Whitlock Street is a so-called "paper" street, meaning it has never received any public improvements such as pavement, curbing, sidewalks, etc. We have previously informed the Board of Education that the City does not have a deed to the street right-of-way, although the street appears on a subdivision plat approved by the City and filed in the Erie County Clerk's Office. Under authority of Article 10, Section 180 of the Charter of the City of Buffalo, Whitlock Street is considered a dedicated public street. We had advised the Board that they should contact the City Law Department and obtain a legal opinion as to the ownership of the street right-of-way. We have since been told by the Board of Education that they have received a legal opinion from the Law Department indicating that the City does in fact own the right-of-way and the Board is satisfied with that opinion. Therefore, I am asking your Honorable Body to close and abandon and make available to the City of Buffalo/Board of Education the following described portion of Whitlock Street right-of-way as part of the site for the Northwest Academy Project: All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York being part of the dedicated right-of-way of Whitlock Street in Lot 89, Township I 1, Range 8 of the Holland Land Company Survey and more particularly described as follows: Commencing at the point of intersection of the northerly line of Whitlock Street with the westerly line of Page Street (49.50 feet wide) and running thence westerly and along the northerly line of Whitlock Street one hundred fifty five (155.00) feet to the POINT OF BEGINNING, Running thence southerly and parallel to Page Street forty five (45.00) feet, to a point in the south line of Whitlock Street; Running thence westerly and along the southerly line of Whitlock Street to its intersection with the New York State Reservation Line-, Running thence northerly and along the New York State Reservation Line forty five (45.00) feet, more or less to its intersection with the northerly line of Whitlock Street; Running thence easterly and along the northerly fine of Whitlock Street to the point of beginning. REFERRED TO THE COMMITTEE ON FINANCE NO. 45 PAYPHONE APPLICATIONS (4), PAY-TEL CORPORATION Mr. Jay Alberti, President of Pay-Tel Corporation, 45 West Tupper Street, Buffalo, New York, 14201 has requested permission to install four (4) public payphones within City right-of-way as described in Chapter 441 (Telephone Facilities) of the City Ordinances. The proposed payphone locations are as follows: 1.366 Perry Street; north side of street, approximately 501 east of Louisiana Street, attached to front of existing delicatessen. 2.922 Northland Avenue; north side of street, approximately 50' east of Stevens Street, attached to front Page 24 98-0120.txt of existing food market. 3.1199 Seneca Street; south side of street, approximately 301 east of Babcock Street, free standing, 1811 from curbline in sidewalk area. 4.1581 Bailey Avenue; northeast corner of Broadway, free standing, 14' from curbline in sidewalk area. The Department of Public Works has reviewed these applications and has no objection to the installation of said payphones. However, before a license may be issued, each individual proposed location must be approved by Your Honorable Body in accordance with Chapter 441-4 of the City Ordinances as revised (C.C.P. #136 of December 26, 1995). REFERRED TO THE COMMITTEE ON FINANCE NO. 46 827 TONAWANDA STREET; SIGN WITHIN CITY RIGHT-OF-WAY Mr. Jim Popiela, of Advision Signs, acting as agent for Off Track Betting, applicant, located at 827 Tonawanda Street, has requested permission to install a sign which would encroach City right-of-way. The proposed sign would be attached perpendicular to the building face, measure four (4') feet in width, and ten (101) feet in height. The Department of Public Works has reviewed this application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the sign 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 Department of Public Works 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 sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. FROM THE COMMISSIONER OF POLICE NO. 47 REQUEST FOR INFORMATION ON K-9 We currently have six (6) K-91s assigned to patrol and one (1) assigned to Narcotics. We are authorized at total of eleven (11) K-9's. Activity: 1997 102 building and bomb searches 200 drug searches; vehicles, search warrants, bus terminal 72demonstrations for community groups (Over 100 were requested) 7executive protection details (Walesa, Gore, H. Clinton, Buchanan, Forbes, Dole) 15Special details (juneteenth, Tow Path, Broadway Market, Greek Festival, Hispanic Festival, Curtain Up, St. Patrick's Day Page 25 98-0120.txt Parade, etc.) Additional; Aud/Pilot Field/Marine Midland/Kleinhans for traffic control, respond as back-up on radio calls, assigned to schools and downtown (after school) to prevent fights K-9 Units in other cities: City Population K-91s Boston552,19914 Pittsburgh 354,30817 Minneapolis 361,59512 St. Louis 374,041 17 Denver 516,224 8 Oklahoma City469,632 9 Memphis 631,626 20 REFERRED TO THE COMMITTEE ON CLAIMS. NO. 48 CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00106722 C2-97-0068 $ 1,167.60 8155-00106677 C2-97-0072 436.20 8155-00106686 C2-97-0080 4,012.80 8155-00106684 C2-97-0083561.60 8155-00106682 C2-97-0085 1,230.60 TOTAL DEPOSIT$7,408.80 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #610-200-217-00- 300. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO. 49 DIFFERENCE IN SALARY RICHARD BOLICK Richard Bolick, Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department was injured from August 4, 1997 to September 3, 1997. He is owed a difference in pay between Worker's Compensation (Allied Claims Service) and the City of Buffalo for the amount of $97.55. (see attached table) Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated January 7, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to pay Richard Bolick, a Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department the amount of $97.55 for difference in pay allowance under the provisions of the Workers' Compensation Law for the period August 4, 1997 through September 3, 1997. PASSED AYES - 13 NOES - 0 NO. 50 DIFFERENCE IN SALARY NICHOLAS MANCINI Nicholas Mancini, Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department was injured from September 18,1996 to December 10, 1997. He is owed a difference in pay between Worker's Compensation (Allied Claims Service) and the City of Buffalo for the amount of $1,572.50. (see attached table) Page 26 98-0120.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated January 7, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to pay Nicholas Mancini, a Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department the amount of $1,572.50 for difference in pay allowance under the provisions of the Workers' Compensation Law for the period September 18, 1996 through December 10, 1997. PASSED AYES-12 NOES-0 FROM THE CORPORATION COUNSEL NO. 51 ACQUISITION OF 695 MAIN STREET By Items No. 11, C.C.P. 4/29/97 and Item No. 127, C.C.P. 5/27/97, your Honorable Body authorized the Acting Corporation Counsel to proceed with the acquisition by eminent domain of 695 Main Street for the new "B" District Police Precinct. The parcel of land is vacant and 35,692 square feet in size. In November, 1996, the City of Buffalo, Division of Real Estate, obtained two appraisals. Appraiser Frank A. Pirritano appraised the property at $465,000.00 at that time. Appraiser Howard P. Schultz appraised the property at $450,000.00. Mr. Schultz later determined that he had erroneously underestimated the size of the parcel. He subsequently increased his appraisal to $515,000.00. Under the Eminent Domain Procedure Law, the City is required to offer the property owner the higher of the two appraisals, (i.e. $515,000.00). The property owner obtained an appraisal from appraiser James T. Szakacs. The appraisal estimated the fair market value as of September 16, 1997 at $820,000.00. The owner had originally requested a sale price of $1,000,000.00. A review of sales of land in the area indicating sales ranging from $15.00 to $30.00 per square foot. The market is in transition and there appears to be a wide variety of values. After extensive negotiations, the owner and the City agreed to a sale price of $700,000.00 for the property subject to the approval of the Common Council. The Real Estate Division and Law Department recommend that the Council authorize the acquisition of this property for the sum of $700,000.00. There are a number of reasons for this recommendation. First, if the case proceeds to eminent domain, it is possible that a Court could award a larger amount plus interest from the date of acquisition. Second, the settlement would save the costs of having an appraiser prepare a Court ready appraisal and testify at trial. Cost savings in this regard are estimated at between $30,000.00 and $50,000.00. Moreover, with recent land speculation in downtown and the expansion of Shea's, the price of approximately $20.00 per square foot appears to be in line with other sales. Further, the land is vacant and suitable for development without any substantial demolition costs. In addition, the City's appraisals are more than one year old. In light of the above, it is respectfully requested that your Honorable Body authorize the payment of the sum of Seven Hundred Thousand Dollars ($700,000.00) to acquire the parcel at 695 Main Street. REFERRED TO THE COMMITTEE ON FINANCE AND ASSESSMENT - Page 27 98-0120.txt NO. 52 CONTRACT BETWEEN CITY AND WS CCP 10/29/97 NO. 180 Your Honorable Body has requested that this office file a report detailing the status of the negotiations and the contractual relationship between the City of Buffalo and Metropolitan Fiber Systems ("MFS"). In July of 1991, the Common Council voted to allow Fibernet, Inc., a predecessor of MFS, to operate a telecommunications system in the City of Buffalo through the placement of fiber optic lines in the City. See, CCP 7/23/91 at Item No. 135. As a result, on February 23, 1995 the City and MFS entered into an Interim Agreement to formalize the Council approval. See, attached Interim Agreement dated February 23, 1995. The Interim Agreement provided that, among other things, both the City and WS would enter into good faith negotiations for a final agreement between the parties. The Interim Agreement was extended a number of times while various proposals were exchanged. On May 30, 1996, this office advised the Common Council of the status of this matter and recommended that the negotiations be conducted through the Telecommunications Committee. Since that time, we have received a draft of a proposed final agreement between the City and WS and have been in contact with the current WS representative, namely, Jodi J. Caro, World Com, One Tower Lane, Suite 1600, Oakbrook Terrace, 11. 6018 1. See, attached Franchise Agreement between the City and WS Telecom of Buffalo. We recommend that the Common Council notify the WS representative with specific dates for final discussions to take place to formalize the attached Franchise Agreement REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND TELECOMMUNICATIONS OFFICE. NO. 53 DAMAGE TO TREES BY TCI OF N.Y., INC. In or around April of 1994, TCI of New York, Inc. ("TCI") damaged thirteen (13) trees in the City of Buffalo. The trees were located at 741 Delaware Avenue; 267 Elmwood Avenue and various addresses on Summer Street including 260 Summer; 262 Summer, 267 Summer, 276 Summer, 280 Summer and 292 Summer. To recover replacement costs for these trees, the City filed a claim with TCI in the amount of $4,875.00. This amount was based on an estimated replacement value of $375.00 per damaged tree (i.e. $4,875.00 = 13 times $375.00). TCI has agreed to pay the full amount of the claim, namely, $4,875.00. This amount has been approved by City Forester Peter Passing without objection. However, prior to issuing a check payable to the City in the amount of $4,875.00, TCI is requesting a general release to ensure that the paid amount covers the claim. Based on the above, this office requests that the Common Council authorize settlement of this matter in the amount of $4,875.00 and authorize the Comptroller of the City of Buffalo to issue a general release in this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 54 Page 28 98-0120.txt INDEPENDENT APPRAISAL - NIAGARA MOHAWK PROPERTY ITEM NO. 100, C.C.P., 1/6/98 A resolution requesting that the Department of Assessment and the Corporation Counsel commission an appraisal of Niagara Mohawk property is before the Finance Committee. The property in question is the subject of litigation. During the course of this litigation, it may become necessary for the parties to exchange appraisals. At this time, however, we are continuing to explore other options. The timing of an appraisal and the decision regarding who the lead appraiser should be are part of the overall trial strategy. The appraiser chosen to evaluate Niagara Mohawk equipment will have to have expertise in the utility area, and must be selected carefully. It is the position of this office that securing an appraisal at this time would not be conducive to resolving this matter in the most favorable way possible for the City. REFERRED TO THE COMMITTEE ON FINANCE NO. 55 IMPLEMENTATION OF COMER SETTLEMENT: COMMUNITY HOUSING CENTER ADMINISTRATOR ITEM NO. 42, C.C.P., 10/28/97 ITEM NO. 34, C.C.P., 11/12/97 To update this Honorable Body on implementation of the Comer settlement, the United States Department of Housing and Urban Development ("HUD") issued to this Department the new, final Request for Proposals ("RFD") for the administration and operation of the Community Housing Center, pursuant to the Comer consent decrees. A copy of the new RFD is attached and on file with the City Clerk. This new RFD replaces the RFD published last summer (see C.C.P., 9/16/97, No. 36), and the applications submitted thereunder (C.C.P., 10/28/97, No. 42). The Law Department is publishing the new RFP (as mandated by the consent decrees) and, pursuant to the RFP's terms, will review the proposals received (with the Department of Community Development) and select (with your approval) from among the eligible applicants an administrator for the Community Housing Center. Assuming publication of the notice in the Commerce Business Daily (the triggering publication under the consent decrees) on January 21, 1998, under the RFP potential applicants have 60 days from that date, or until March 23, 1998 (the next business day after Sunday, March 22), to submit completed proposals. Under the decree, the City then has 40 days from the March 23 closing date, or by May 4, 1998 (the first business day after Saturday, May 2), to select an administrator. Once the City has made its selection, HUD has 30 days, or by June 8, 1998 (again, the next business day after Saturday, June 6), to approve or disapprove of the City's selection. As previously indicated to this Honorable Body (C.C.P., 11/12/97, No. 34), the administration intends to include public representation in the evaluation process of the proposals, with such evaluations subject to the criteria set forth in the RFP. No action is yet required of this Honorable Body, but once the administration has reviewed the proposals and has selected an applicant, we will ask that this Honorable Body approve that selection. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 29 98-0120.txt NO. 56 JAMES COLEMAN CERTIFICATE OF OCCUPANCY FEE REFUND ITEM NO. 39, C.C.P., 12/23/97 You requested a response from the Law Department regarding the request of James Coleman to refund the fee he paid for a Certificate of Occupancy. Pursuant to Item No. 154, C.C.P., September 30, 1997, Mr. Coleman's $75.00 has already been refunded to him. We would recommend that the above item be received and filed. RECEIVED AND FILED NO. 57 SETTLEMENT OF CLAIM- CITY SERVICE TAXI - D/A: 11/9/95 On November 9, 1995, at approximately 11:40 A.M., a City police vehicle being driven by Officer Michael Elliott was traveling east on Summer toward Main Street. Officer Elliott stopped at the intersection of Summer and Main to let out his partner. Officer Elliott then proceeded to make a left turn onto Main Street. As he was making the turn, Officer Elliott's vehicle collided with a City Service Taxi being driven by William S. Johnson who was traveling north on Main Street. The Accident Investigation Unit of the Buffalo Police Department investigated the accident. Mr. Johnson alleged that he was going north on Main Street and had the green light to proceed through the Main-Summer intersection. Mr. Johnson states that as he was going through the intersection his taxi was struck in the driver's side by the police vehicle. In his initial statement to the Accident Investigation Unit, Mr. Johnson identified four (4) witnesses who could confirm his version of the accident that he had the green light to proceed through the intersection. Officer Elliott alleged that his view of Mr. Johnson's vehicle was obstructed by a large truck parked on Main Street. Faced with this obstruction, Officer Elliott relied on a third individual who waved him on to proceed through the intersection. Officer Elliott's contention is that he was making his left hand turn on a yellow light and that, therefore, Mr. Johnson could not have had a green light. Officer Elliott did not identify any witnesses to confirm his version of the accident. Officer Elliott's partner did not view the accident. Neither Officer Elliott nor any Buffalo Police Officer gave Mr. Johnson a ticket for violating the Vehicle and Traffic Law or any other law. The insurance company for City Service Taxi, namely, Travelers Insurance Company, then sued the City of Buffalo for damage to the taxi in the approximate amount of $3,800.00. The City counterclaimed for approximately $2,300.00 representing property damage to the police vehicle. The matter was scheduled for trial on or about- August 20, 1997. After extensive discussions with the attorney representing the claimant and Judge Frederick M. Marshall, it was proposed that the case be settled with City Service Taxi accepting 40% of the liability and the City accepting 60% of the liability for the accident. This office recommends accepting the proposed settlement for the following reasons. Officer Elliott proceeded through the intersection although he admits his Page 30 98-0120.txt vision was obstructed and he relied on the observations of a third person. The driver of the other vehicle was not given a traffic ticket and has identified four (4) witnesses that confirm that he had the green light. In that Mr. Johnson was traveling straight on a green light, he would have the right of way. This type of fact scenario usually results in the Court assessing some portion of liability to both parties and on these facts, it would appear that the greater portion of liability rests with the City. Under the specific terms of the proposed settlement, the City would pay $2,275.29 (i.e. approximately 60% of $3,800.00) and the City would receive $925.73 (i.e. approximately 40% of $2,300.00). As a result, the overall payment by the City would be $1,349.56 (i.e. $2,275.29 $925.73). Based on the above, this office respectfully requests that this matter be settled on the terms described above. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated October 21, 1997, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to settle the claim of City Service Taxi, under the specific terms of the proposed settlement, the City would pay $2,275.29 (i.e. approximately 60% of $3,800.00) and the City would receive $925.73 (i.e. approximately 40% of $2,300.00). As a result, the overall payment by the City would be $1,349.56 (i.e. $2,275.29-$925.73). PASSED AYES-12 NOES-0 NO. 58 SHEA'S BUFFALO THEATER -RESTATED LEASE, FINANCING PARTICIPANTS AGREEMENT AND OTHER RELATED AGREEMENTS FOR CONSTRUCTION OF SHEA'S STAGE PROJECT Please find enclosed for your review and approval and authorization for the Mayor to execute drafts of the following agreements related to the construction of the Shea's Performing Arts Center Stage Project: Restated Lease Agreement with Shea's O'Connell Preservation Guild (the "Guild"); Building Loan Leasehold Mortgage- and Assignment Agreement of the Guild's Preconstruction Management Agreement with Ciminelli Cowper. A Financing Participants Agreement related to this project will be filed later when it is completed. The Restated Lease Agreement establishes the long-term tenancy of the Guild in the Shea's Performing Arts Center necessary for repayment of the financing for the Stage Project. The Financing Participants Agreement will provide the unifying document for financing and construction of the Stage Project among the City, the Guild and the Private Lenders (M&T Bank, KeyBank, Fleet National Bank, and Lockport Savings Bank). The Assignment Agreement conveys to the City the Guild's rights and benefits under its Preconstruction Management Agreement with Construction Manager Ciminelli Cowper and allows a smooth transition to the City's construction of the Stage Project. In order for the Stage Project to be substantially completed on time, and to begin construction under contracts issued under bids approved by this Honorable Body, the City must execute these agreements as soon as possible. The Law Department, as well as representatives of the Departments of Public Works, Administration and Finance and Audit and Control which have been involved in Page 31 98-0120.txt this Stage Project, are more than willing to meet with this Honorable Body to explain the project and these agreements. REFERRED TO THE COMMITTEE ON FINANCE NO. 59 ACQUISITION OF HILTON HOTEL Pursuant to Item No. 120, C.C.P. May 17, 1983, the City of Buffalo entered into a forty (40) year lease with Buffalo Hotel Development Venture, L.P. for the parking garage next to the Hilton Hotel. The lease payments cover the City's payments on the bonds used to fund the construction of the ramp. As part of the same transaction, a guarantee of the lease dated May 7, 1982, was provided by LNC Development Corporation, a company affiliated with Buffalo Hotel Development Venture, L.P. The Hilton Hotel is in the process of being sold to Adam's Rib Ranch Corporation and Kummer Development Corporation. A subsidiary, Seven Seventeen HB Buffalo Corporation, will sublease the facilities from the two aforementioned corporations and operate the hotel. Closing is scheduled for Thursday, January 22, 1998. The new owners are anxious to close the transaction and hopeful that all necessary approvals can be obtained prior to that date. The attorney for the new owner has submitted various documents that require City approval. These are as follows. First, City consent is necessary to assign the parking garage lease dated June 1, 1 983 from Buffalo Hotel Development Venture, L.P. to Adam Rib Ranch Corporation and Kummer Development Corporation. Second, City consent is necessary for the assignment of the lease (i.e., sublease) to Seven Seventeen HB Buffalo Corporation. Third, a Memorandum of lease Agreement needs to be signed by the City of Buffalo since it does not appear that the original lease is on file in the Erie County Clerk's Office. Fourth, the City of Buffalo must execute a Certificate of Completion indicating that the original construction of the parking garage was completed in a manner satisfactory to the City of Buffalo. Fifth, a consent and Estoppel Certificate must be signed by the City. This agreement, in substance, states that there are no existing defaults under the lease. Sixth, the City of Buffalo must execute a release to Buffalo Hotel Development Venture, L.P. and LNC Development Corporation releasing these entities from the parking garage lease and guarantee of lease. The Law Department has reviewed these documents and correspondence from counsel for the prospective purchaser of the hotel. The Law Department has also checked with the director of the Board of Parking and determined that all payments are current and that there is no objection to the assignment of the parking garage lease and the substitution of a new guarantor on the lease. Based upon the above, the Law Department recommends that your Honorable Body authorize the Mayor to execute all necessary documents for the assignment of the hotel parking garage lease and substitution of a new guarantor of the lease. RECEIVED AND FILED NO. 60 RES. 112, C.C.P., JANUARY 6, 1998 GENDER DISCRIMINATION CLAIM The above item was referred to Civil Service, the Police Page 32 98-0120.txt Department and to this office. The item arises from a claim filed with the Equal Employment Opportunity Commission (EEOC) that alleged that males were discriminated against in the advertising and hiring of School Crossing Guards and asks what changes have been put into place since the filing of the complaint. This department is familiar with the EEOC complaint in which a male who submitted an application for the position of School Crossing Guard in October, 1996, alleged that he applied for the position of School Crossing Guard but he was not hired. He subsequently filed a complaint with the EEOC. In the course of defending the claim at the EEOC, this office had occasion to review Police Department records concerning the applications for and the hiring of School Crossing Guards. The process from application to hiring was set out in detail outlined to both this department and the EEOC by Captain Jurewicz, head of the Traffic Division, who met with the EEOC investigator. Captain Jurewicz also showed and/or provided the EEOC investigator the applications and the lists of applicants and hirees for the School Crossing Guard position and explained all the procedures to the EEOC investigator. Of all the procedures reviewed by the EEOC, the only problem area found was the method of advertising vacancies in the positions, which was then word-of-mouth. Subsequently the matter was satisfactorily conciliated, settled and is concluded. As far as changes in procedures for hiring School Crossing Guards, the only change demanded by the EEOC in the terms of the conciliation agreement is in the way positions are advertised. Specifically, the conciliation agreement calls for the positions to be advertised in the Buffalo News so as to reach a broader population. In point of fact, even prior to the conciliation agreement, the Police Department had commenced advertising vacancies in the Buffalo News. We believe that one man was reachable for the position and was hired in the first round of hiring after the Buffalo News advertisement was run. Five more males are on the list derived from the advertising, and, assuming no problems in the criminal record check or background check, will be hired should vacancies arise and their names are reachable. The Law Department does not see any problem with the current procedures for the recruitment and hiring of School Crossing Guards. This office stands ready to assist Your Honorable Body should there be further questions on this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 61 CITY-SCHOOL BOARD SOLID WASTE COLLECTION AGREEMENT We understand that you asked questions about the City's solid waste collection agreement with the City School District. That agreement (a copy of which is attached) is for 6 years at a rate of $88,000 per year. Under Charter  294.4 (a copy of which, with other cited Charter and City Code provisions, is also attached), the Commissioner of Street Sanitation can negotiate rates for public collection of commercial (that is, non-residential) solid waste, provided that the rate could not be lower than the fee schedule set by the Common Council in Chapter 175. Code Page 33 98-0120.txt  216-56 further outlines the criteria the Commissioner may use in setting the rate. There is no general requirement that City contracts for services to be rendered by the City be reviewed by the Common Council. Given that the City services hundreds of commercial properties, a requirement that commercial solid waste contracts be subject to Council review would be onerous and burdensome on that body. Here, in order to compare the contract rate with the fee schedule, we need to determine the square footage and tonnage of solid waste from the City School District properties. Although the contract terminates in 2002, the City may terminate the agreement earlier, by written notice sent to the School Board by January 3 1, if (among other conditions) the School District fails to source separate its waste pursuant to City regulations. We understand that that condition may have been met and the City thus may terminate the present agreement. Alternatively, the School Board has the ability to terminate the agreement merely by giving the City written notice by January 31 without additional cause or condition. (Agreement Paragraph THIRD.) If you have any further questions, please do not hesitate to contact me. REFEREED TO THE COMMITTEE ON EDUCATION FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 62 NYS ECONOMIC DEVELOPMENT ZONE REVISION TO BOUNDARY DESCRIPTION On February 22,1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as "Zone"). On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone, by the State of New York. Subpart 2 of aforesaid Local Law defined the boundaries of the areas of the Zone. Subsequent to the designation of the Zone, certain areas adjacent to the Zone have been proposed for major economic developments. Due to the recent developments, the Department of Community Development believes that it is in the best interests of he City of Buffalo to approve the revision to the boundaries of the Zone. It is therefore respectfully requested that the attached resolution be approved. RECEIVED AND FILED NO. 63 DEWEY PLAYGROUND COURT RENOVATIONS CHANGE ORDER NO. 1 I hereby request permission to issue a change order for the above project in the amount of $750 to cover work unforeseen at the time of the bid. The work involved the removal of a large tree adjacent to the court whose roots were undermining the court. The change order will increase the total contract with Suburban Black Top, 12977 Warner Hill Road, South Wales, New York 14139 to $41,886. I recommend that Your Honorable Body authorize the city to contract in the amount shown above. Funds for this work are available in Bond Fund 200-717-021. Page 34 98-0120.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated January 12, 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 Suburban Black Top, an increase in the amount of $750.00, as more fully described in the above communication, for work relating to Dewey Playground Court Renovations. Funds for this project are available in Bond Fund 200-717- 021. PASSED AYES-12 NOES-0 NO. 64 FISCAL YEAR 1998 (YEAR 24) FORMULA ALLOCATION FOR FEDERAL ENTITLEMENT PROGRAMS TO THE CITY OF BUFFALO (I.E., CDBG, HOPE, ESG, AND HOPWA) On December 29, 1997, we received notification from the US Department of Housing and Urban Development (HUD) regarding the City of Buffalo's Fiscal Year 1998 (Year 24) formula allocation under the Community Development Block Grant (CDBG), HOME, Emergency Shelter Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) programs. The total allocation for Year 24 CDBG is $21,043,000. This reflects an approximate $900,000 reduction from the City's Year 23 CDBG federal entitlement. Additionally, since 1994, the City has witnessed its CDBG allocation decrease by about $2,000,000. In their letter, HUD did not give any reason for the continued reduction of the City's CDBG federal entitlement. Consequently, we are investigating this question with both the local and federal HUD offices and upon receiving information pertaining to same, we will forward their response to Your Honorable Body. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 65 REQUEST TO APPROVE CHANGE OF CONTRACTOR: 555 MONROE (ITEM #51, C. C. P. 06/10/97 ) We are requesting your Honorable Body to approve the contractor change for the demolition bid as reported in C.C.P. Item #051 dated 06/10/97, due to nonperformance by the original contractor. The original demolition bid offers reported were for Georgian Bay Contracting, the lowest bidder at $5,898.00 to demolish the property located at 555 Monroe. Georgian Bay Contracting was awarded the contract for the above-stated property, but could not perform the work. Our office therefore is canceling their contract. The total cost of this project was $5,898.00 and had been charged to the Special Assessment Fund #500000-002- 00000. Our office has since rebid this contract and has awarded it to Eastwood Industries for the same bid price of $5,898.00, as listed below. This demolition work has been successfully completed by the subsequent contractor, Eastwood Industries. ADDRESS / OWNER CONTRACTOR/AMOUNT OF BID Page 35 98-0120.txt 555 MONROE EASTWOOD INDUSTRIES Sedalie Dawson$ 5,898.00 c/o Dwayne Cathart 89 Johnson St. Buffalo NY 14212 We, therefore, respectfully request that upon approval by your Honorable Body, that the cost of the project be charged to the SPECIAL ASSESSMENT FUND #500-000-002- 00000, and that said cost shall be collected against the owner or person in possession benefited, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated January 5, 1998, be received and filed; and That the award by the Commissioner of Community Development of an emergency demolition contract to Eastwood Industries, at a cost of $5,898.00, relating to 555 Monroe, is hereby confirmed. ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefited, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED AYES-12 NOES-0 NO. 66 "M. ORTOLANI - DEMO. 138 SPRUCE ST." ITEM #61, C.C.P. 11/25/97 After receiving the attached letter, the Mayors Task Force on Housing contacted Mr. Martin, of J. Martin Demolition. The week of November 17, 1997 Mr. Martin contacted Mr. Ortolani in person at his business next to the demolition site at 138 Spruce. Mr. Martin provided Mr. Ortolani with financial compensation and settled the fence repair issue. Additionally, Mr. Martin promised to regrade Mr. Ortolani's property next to the demolition site in the Spring of 1998. Mr. Ortolani has expressed to this office that he is pleased with the arrangements he has made with Mr. Martin. It is my sincere hope this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE NO. 67 PURCHASE OF 46 CYPRESS LOT SIZE: 30' X 130' ITEM #91, C.C.P. 9/2/97 The above referenced item is a request from Ms. Luvenia Emanuel to purchase or homestead 46 Cypress Street, a vacant lot 30' x 130', which adjoins her rear lot line. Ms. Emanuel intends to use this for extra yard space. Please be advised that this property is in a HOZONE and has been placed on hold by the Department for future development. We will contact Ms. Emanuel and advise her of our decision. REFERRED TO THE COMMITTEE ON FINANCE NO. 68 RESULT OF NEGOTIATIONS Page 36 98-0120.txt 86 BARTHEL, 360.50' S GENESEE STREET VACANT LOT: 30' X 105' ASSESSED VALUATION: $2,500 The Department of Community Development, Division of In-Rem Properties, has received a request from Mrs. Irene Petty to purchase the above captioned vacant lot for extra yard space. This Department and the Division of Collections have no objection to the sale. There are no code violations or outstanding obligations owed to the City of Buffalo by the purchaser. An independent appraisal of the property has been conducted by Mr. Robert E. Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the property to be Five Hundred Dollars ($500). This represents approximately Sixteen cents (.16) per sq. ft. for the parcel. The Division of In-Rem has reviewed the sales of similar properties in the area. Sales prices range from 30 cents to 36 cents a square foot. The results of our negotiations are that Mrs. Irene Petty has agreed and prepared to pay Nine Hundred Forty-Five Dollars ($945.00) for the property, which is approximately 30 cents a square foot. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 86 Barthel Street to Mrs. Irene Petty in the amount of Nine Hundred Forty-Five Dollars ($945). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated January 15, 1998, be received and filed; and That the offer from Mrs. Irene Petty, in the sum of $945.00 (Nine Hundred and Forty-Five Dollars) for the sale of 86 Barthel, 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 Acting Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-12 NOES-0 NO. 69 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 442 EMSLIE (CITY OWNED-VACANT LOT, DIMENSIONS 3 O' X 12 5') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned vacant lot at 442 Emslie, the parcel is 30' x 125' in dimension; and it has been determined that this parcel is inappropriate for either the construction of a new housing or needed for public purposes. Mr. James McKithen, residing at 438 Emslie Street indicated that he will clean, improve and maintain the lot in the event that they obtain title to the property under the Page 37 98-0120.txt Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. McKithen on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 70 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 385 GOODYEAR (CITY OWNED-VACANT LOT, DIMENSIONS 30'X 113') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned vacant lot at 385 Goodyear, the parcel is 30' x 113' in dimension; and it has been determined that this parcel is inappropriate for either the construction of a new housing or needed for public purposes. Mr. & Mrs. Eugene E. Simmons, residing at 383 Goodyear Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transfer- red to Mr. & Mrs. Simmons on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 71 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 421 MADISON (CITY OWNED-VACANT LOT, DIMENSIONS 28' X 109') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned vacant lot at 421 Madison, the parcel is 28' x 109' in dimension; and it has been determined that this parcel is inappropriate for either the construction of a new housing or needed for public purposes. Mr. George Carter, residing at 419 Madison Street indicated that he will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. George Carter on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 72 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 184 PADEREWSKI (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 59') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned vacant lot at 184 Paderewski, the parcel is 30' x 59' in dimension; and it has been determined that this parcel is inappropriate for either the construction of a new housing or needed for public purposes. Page 38 98-0120.txt Ms. Juanita Boykin, residing at 243 Detroit Street indicated that she will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Boykin on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 73 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 70 SOUTH (CITY OWNED-VACANT LOT, DIMENSIONS 25' X 116') ITEM #118, C.C.P. 12/23/97 The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned vacant lot at 70 South Street, the parcel is 25' x 116' in dimension; and it has been determined that this parcel is inappropriate for either the construction of a new housing or needed for public purposes. Mr. John Lopez, residing at 60 South and Mrs. Karen Cassidy, residing at 12 Vincennes have indicated that they will split, clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Lopez and Mrs. Cassidy on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 74 SITE PLAN APPROVAL, 1829 MAIN STREET (KOESSLER CENTER), BUFFALO, NEW YORK The City Planning Board at its regular meeting held December 30, 1997 considered the matter captioned above pursuant to Section 511-137 of the Buffalo Code - City Wide Site Plan Review. After conducting a public hearing on the matter in which all interested parties were invited to comment the Board voted to approve the site plan as presented and as shown on your drawings labeled Project No. 9755 and dated December 12,1997 and on the Proposed Planting Plan submitted to the Planning Board by your office and dated December 30, 1997. Lastly the Board endorses the letter from Canisius College to Councilmember Brown which outlines your clients commitment to address various concerns of Florida Street Residents. This will acknowledge the Planning Division's approval of the site plan described above. RECEIVED AND FILED NO. 75 CERTIFICATE OF APPOINTMENT Appointment Effective: December 29, 1997 - Amended in the Department of Community Development Division of Inspections, Licenses & Permits . to the Position of License Inspector, Permanent Appointment at the: Page 39 98-0120.txt Intermediate Starting Salary of: $31 932/yr James Kaney, 310 Linden Avenue, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF STREET SANITATION NO. 76 FOLLOW-UP TO THE LAST LEGISLATIVE COMMITTEE MEETING Attached please find the requested information regarding the property located at 164 East Utica. As you can see, no payments have been made by the property owner. This property, along with others who owe a user fee, will soon be getting a collection notice from the City's Department of Collections. Bridgette Carpino and I have been planning a February mailing for all outstanding user fees from the 199&1997 fiscal year. Those that have not paid by July will be sent to a collection agency. The next mailer will be sent in June for any outstanding user fees from the current fiscal year. I have also nearly completed the report on recycling that was also discussed at this meeting. I have some final details to clarify, and will be able to submit this information by the next submission deadline of January 29, 1998. If you should have any questions before this time, please call me. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 77 PBA INTEREST ARBITRATION AWARD, CITY FISCAL YEARS 1996-97 AND 1997-98 Under this cover please find the interest arbitration award made by Panel members Rabin, Piwowarczyk and Meegan (dissenting) in the matter of the impasse in bargaining between the City and the PBA for fiscal years 1996-97 and 1997-98. The major provisions of the award, which was signed by the City and the neutral, are as follows: base salary increases of 3.5% each year an increase in holiday pay (lump sum) from 48 hours to 60 hours a requirement that the City contribute $75,000 per year for optical coverage (to be administered by the union) a requirement that the PBA members share in the cost of health insurance as follows: the City pays for I 00% of the premium cost of the two least expensive plans; PBA members who elect to stay in one of the plans other than the two least expensive contribute 25% of the difference in cost if single enrollee, 15% of the difference in cost if family enrollee the ability for the City to detail PBA members between districts within a shift for two purposes: (1) education and training and (2) to cover specific events, such as sporting events, concerts, demonstrations etc. There are specific prescriptions as to the manner in which detailing must be performed (eg seniority/inverse seniority) and the right to detail is limited to a 15 day period. More detail is contained in the award itself on all of these matters. The total cost of the Police award is approximately $6 million. The total cost of a similar award in fire would be approximately $5.1 million. The cost of the police award is in excess of the amount Page 40 98-0120.txt originally reserved for it. The 1996-97 budget reserved an approximate 3% raise, which the 1997-98 budget carried forward but did not add to (in other words, an award that exactly matched the budget would have been an award of 3%, 0%). Thus the City's unbudgeted cost is the 0.5% for 1996-97, that same increment carried forward to 1997-98 and the entire 3.5% raise for 1997-98, in addition to increased fringe cost. Presuming that the Fire union would receive a similar award, the total shortfall in cost for both unions over the two year period is approximately $5.5 million, with most of that shortfall attributable to the 1997-98 increase. We have taken steps to anticipate these costs, and are also filing today with your Honorable Body a second quarter gap projection that appropriates full payment of the police award and reserves for an anticipated award to the fire union. Last, we have also filed with you today the salary ordinance amendments that result from the police award. We are available as you need to answer questions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 78 "STATE COMPTROLLER - SMART REPORT" ITEM #57, C.C. P. 1/6/98 The administration participated in the SMART Review process from its inception. Our responses to the specific findings and recommendations of the SMART Review are contained in the Appendix to the report, beginning on page 2 1. To the extent that your Honorable Body has questions about our responses, I would be happy to answer them; you should also be aware that the Comptroller, in whose area several recommendations fall, included his responses as well. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE NO. 79 "REQ. INDEPENDENT APPRAISAL OF NIMO POWER CHOICE PROGRAM" ITEM #I 00, C. C. P. 1/6/9 8 It appears that your Honorable Body does not intend to require an audit of the Power Choice program, as the heading of this item suggests; instead, I believe the item is on the subject of settling Niagara Mohawk's certiorari proceeding. I would defer to the Law and Assessment Departments on the need for an independent appraisal and on the merits of/outlook for going forward into another proceeding; in particular, I would ask Law and Assessment to outline the relevance of a similar proceeding at the State level and to estimate the cost of an independent appraisal versus what the City could stand to save against the rejected settlement offer and a proceeding without a new appraisal. Should you require anything further of me, I am available. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE NO. 80 GENERAL FUND - CITY GAP SHEET SECOND QUARTER 1997-9 Under this cover please find the City's General Fund Gap Sheet for the second quarter of Fiscal Year 1997-98. The Gap Sheet projects a negative fund balance of $1.1 Page 41 98-0120.txt million for the 1997-98 fiscal year. It should be noted that this estimate is based upon information currently available to the budget office. Below is a summary of significant variances from the 1996-97 budget. Revenues are currently projecting $1.264 million below budget. State general purpose aid to the General Fund is down approximately $2.0 million from the adopted budget. Recall that the state was late with its budget again this year which resulted in a disparity between the estimates we used during our budget process and the actual figures that the state adopted. Parking meter revenues are down approximately $300,000. Hurd debt service is down $136,000 because it was eliminated in the Governor's recommended budget and the state Legislature failed to restore the entire amount. on the positive side, Departmental revenues are projected to exceed budget estimates by approximately $1.0 million due to the close-out of the special assessment fund for demolition's and PILOT revenue is projecting $520,000 above budget. Helping to offset the loss of revenue, expenditures are projecting $164,000 below budget. The largest savings is in fringe benefits where pension savings are over $5 million due to lower than state-provided pension estimates. Areas where expenditures will exceed budget are in personal services where the cost of the Police arbitration award, and a similar award for Fire given the parity relationship that exists between the two bargaining units, have expenditures exceeding budget by $3.6 million after accounting for all city departmental attrition savings. Social security expenditures are expected to exceed budget by $700,000 due to these raises as well. And miscellaneous charges, primarily judgment and claims expenditures, are expected to exceed budget by approximately $260,000. I hope this document helps inform the Council on the current state of city finances. If there are any questions, my staff is always available to meet with your honorable body. REFERRED TO THE COMMITTEE ON FINANCE NO. 81 CERTIFICATE OF APPOINTMENT Appointment Effective January 8, 1998, in the Department of Administration and Finance, Division of Administrative Adjudication, to the Position of. Ordinance Compliance Officer, Permanent Appointment at the maximum Starting Salary of $26,566/yr. Robert J. Sienkiewicz, 808 Fillmore, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 82 'SKATE EARLY" PROGRAM AT THE TIMOTHY BURVID ICE RINK - CONTRACT WITH SOUTH BUFFALO COMMUNITY ASSOCIATION An the Council Is aware, the City's Department of Human Service, Parks and Recreation and the South Buffalo Community Association entered Into an agreement to provide sin additional eight weeks of skating opportunities for the youth of South Buffalo at the Timothy Burvid Ice Rink. Through. the efforts of Councilmernber Bonnie Kane Lockwood's office and the commitment, hard work and management skills of the South Buffalo Community Page 42 98-0120.txt Association the "Skate Early" program at the Burvid Ice Rink was a great achievement for the City, benefiting the youth of South Buffalo. Attached for your Honorable Body's review Is the Financial Report for the extended eight week 'Skate Early' program It is Important to note that revenue exceeds expenditures, thus providing Increased recreations opportunities at no additional cost to the City. We anticipate returning to the Council next year requesting the continuation of this most successful program RECEIVED AND FILED NO. 83 TB ENVIRONMENTAL CONTROLS: PURCHASE AND INSTALLATION AT DSAS COUNSELING CLINICS CONTRACT NUMBER C-001128 We are requesting permission from the Common Council to accept the above mentioned grant from the New York State Office of Alcoholism and Substance Abuse Services and set up a Trust & Agency Account for it. REFERRED To THE COMMITTEE ON FINANCE ZONING BOARD OF APPEALS NO. 84 JAFFREY MOHAMED TO CONVERT AND USE PREMISES 1715 JEFFERSON FOR STORE AND TAKE- OUT RESTAURANT. APPEARANCES: Jaffrey Mohamed, Justine Spencer, Phillip Marshall, Anita Guess, Charlie Thomas, Bea Berman, Sam Spencer, Mary Hill, Co. Byron Brown, Margaret Strassner HISTORY & DESCRIPTION OF PROPERTY: Property zoned R2 district. Appeal under Sect. 511-125 (c).(I). - hardship. Request is to convert an existing retail store to a store and take-out food service. Mr. Collins: I move that this appeal be granted. Mr. Pandolfino: I second it. AYES - Collins, Diina, Glover, Lewis, Pandolfino NOES- None FINDINGS:Petitioner has applied for a variance to expand an existing non-conforming use to include take-out food service. He has submitted 46 pages of signatures from area residents supporting his petition. The Hamlin Park Community Association has also submitted petitions in opposition to any conversion citing traffic and trash concerns. Attorney for the petitioner stressed that his client has plans to eliminate alcohol and lottery sales. He further raised the issue of the pre-existing non-conforming use which would allow continued use of the premises as a retail store, without any restrictions protecting the immediate residential area. District councilmember supports the position of the Hamlin Park Association and is not in favor of any non-conforming use of the premises. The Board, after review of testimony and exhibits is of the opinion that in view of the already established nonconforming use specified in the application, granted the variance for take-out food service. Given that the new operation of the premises will not include alcohol or lottery sales, it would be preferable to a full service retail store with limitations or restrictions. RECEIVED AND FILED. Page 43 98-0120.txt FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 85 RECYCLING AT BMW PROPERTIES In response to your resolution before the Council at your meeting of September 2, 1997, 1 would like to offer the following information in regards to the above mentioned recycling at BMHA properties. Currently the BMHA is in the process of starting a pilot project for recycling. The Authority in consultation with Mr. Ed Marr of the Recycling Division of City of Buffalo Streets Sanitation Department have agreed to do the following. Starting November 15, 1997 the Authority will recycle through the use of either 90 gaIlon trash totes or individual blue box recycle bins at the following developments: Msgr. Geary, Sedita Apartments, Stuyvesant Apartments and Elinhurst. These will use the 90 gallon tote trash containers. Since these developments are either highrise or senior citizens developments they would be conducive to the 90 gallon trash totes. Camden Apartments and LaSalle Courts will use the blue box recycle bins. In addition Mr. Marr has agreed to provide training, literature, and seminars for 0 tenants at all of the above mentioned developments. The Authority is currently in the process of purchasing the appropriate bins or 90 gallon tote containers. The process will be reviewed on monthly basis and hopefully at the end of six months an evaluation of the pdot project will be reviewed, appropriate corrections and/or additions will be made so as to expand the recycling to include all developments throughout the Authority. If additional information is required please contact this office at your earliest possible convenience. REFERRED TO THE COMMITTEE ON LEGISLATION AND TASK GORCE ON SOLID WASTE FROM THE CITY CLERK NO. 86 TELECOMMUNICATIONS OFFICE C.C.P. JANUARY 7, 1998, CORN. 60 "TELERGY - APPLICATION - TELECOMMUNICATIONS FRANCHISE" The above item was referred to this office for a response. In it, Telergy Inc. has requested that the City negotiate a permanent franchise agreement with the company. I have forwarded copies of the request to the Corporation Counsel and other relevant City departments for their review and comment. A copy was also sent to the Communications Division of the Public Service Commission requesting its input and assistance. In addition, I have notified representatives of Telergy that the City has begun consideration of the request and that we will be contacting them shortly to set up a meeting to discuss their proposal in detail. I will keep you apprised of developments. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. NO. 87 DISPOSITION OF CITY RECORDS The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records RECEIVED AND FILED. Page 44 98-0120.txt NO. 88 AUTO ALLOWANCE The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: FIRE: William Smith, Gary Smith NO. 89 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board: Address Business Name Owner's Name 33 Gates Circle Great Circle Rest.LLC G. Forton, Attny. 120 Church St. Bflo. Hilton R. H. Koester RECEIVED AND FILED NO. 90 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Assessment- Trillizio, Marianne Public Works- Faulise, Susan Police- Skinner, Monica Fire- Thompson, Patricia Community Development-Sienkiewicz, Robert Administration and Finance-Sienkiewicz, Robert RECEIVED AND FILED. NO. 91 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: January 5, 1998 in the Department of Common Council Division of to the Position of Intern V, at the flat non-competitive starting salary of $8.00. per hr. William Witnauer, 44 Dartmouth, Buffalo, NY 14215 Sean McCabe, 8 Britt St., Buffalo, NY 14220 NO. 92 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 January 5, 1998 in the Mayor's Office, Division of Youth Opportunity and Employment Program, to the position of Intern II, Seasonal, Non-Competitive, at the flat starting salary of $5.15/hr. Peter J. Savage, 207 W. Ferry St., Buffalo, NY 14213 NO. 93 NOTICES OF APPOINTMENTS-SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Page 45 98-0120.txt DEPARTMENT OF ASSESSMENT Appointment effective January 6, 1998 in the Department of Assessment to the position of Clerk, Seasonal, Non- Competitive, at the flat starting salary of $5.20/hr. Lisa Y. Phillips, 57 Interpark Avenue, Buffalo, NY 14211 Appointment effective January 5, 1998 in the Department of Assessment to the position of Clerk, Seasonal, Non- Competitive, at the flat starting salary of $5.20/hr. Kirk C. McKenna, 225 North Drive, Buffalo, NY 14216 DEPARTMENT OF AUDIT AND CONTROL Appointment effective December 29, 1997 in the Department of Audit and Control, Division of Real Estate, to the position of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.77 per hour. Angela Panaro, 462 Parker Avenue, Buffalo, NY 14216 DEPARTMENT OF STREET SANITATION Appointment effective January 5, 1998 in the Department of Street Sanitation, to the position of Seasonal Laborer II, Non-Competitive, at the flat starting salary of $6.92 per hour. Jack W. Gerard, 200 Roebling Avenue, Buffalo, NY 14215 Nicholas L. Cordova, 36 Auchinvole St., Buffalo, NY 14213 Appointment effective January 12, 1998 in the Department of Street Sanitation, to the position of Seasonal Laborer II, Non-Competitive, at the flat starting salary of $6.92 per hour. Joseph K. Bonds, 26 Sussex Ct., Buffalo, NY 14204 Sean J. Burke, 686 McKinley Parkway, Buffalo, NY 14220 Christopher A. Castiglia, 68 Ardmore Pl, Buffalo, NY 14213 Miguel A. Colon, 310 Hampshire St., Buffalo, NY 14213 James E. Dempsey, 190 Melrose St., Buffalo, NY 14210 Craig A. Franklin, 162 Prospect Avenue, Buffalo, NY 14201 Tyrone F. Harris, 145 Briscoe Avenue, Buffalo, NY 14211 David Janowski, 427 Willett St, Buffalo, NY 14206 Sheldon E. Johnson, 41 Timon St, Buffalo, NY 14211 Michael LaFrano, 181 Gorton St., Buffalo, NY 14207 Donald J. Malay, 317 Langfield, Buffalo, NY 14215 Jose A. Martinez, 426 Normal Avenue, Buffalo, NY 14213 Michael O'Grady, 212 Summit, Buffalo, NY 14214 Thomas R. Olszewski, 42 Sheffield Avenue, Buffalo, NY 14220 Michael J. Palmeri, 655 Prospect Avenue, Buffalo, NY 14213 Darren A. Ross, 1990 Manhattan St., Apt#5, Buffalo, NY 14215 Christian S. Simcoe, 58 Ideal St, Buffalo, NY 14206 Martin K. Eve, 184 Jewett Pkwy, Buffalo, NY 14214 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment effective January 5, 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 per hour. Mary Ann Alongi, 87 Rebecca Park, Buffalo, NY 14207 Appointment effective January 12, 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 per hour. Betty Pieri, 90 Virgil Avenue,. Buffalo, NY 14216 Appointment effective January 7, 1998 in the Department of Human Services, Parks and Recreation, Division of Recreation, to the position of Fee Collector, Seasonal, Non- Page 46 98-0120.txt Competitive, at the flat starting salary of $5.15 per hour. Jessica Jayes, 50 Culver, Buffalo, NY 14220 DEPARTMENT OF GENERAL SERVICES Appointment effective January 7, 1998 in the Department of General Services, Division of Inventory and Stores, to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $6.92 per hour. Jesus Acosta, 309 Fargo Avenue, Buffalo, NY 14213 NO. 94 APPOINTMENTS-TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment effective January 6, 1998 in the Department of Audit and Control, Division of Accounting, to the position of Junior Data Control Clerk, Provisional, at the minimum starting salary of $22,366. Louis S. Fasolino, 208 Lexington Avenue, Buffalo, NY 14222 DEPARTMENT OF ASSESSMENT Appointment effective January 12, 1998 in the Department of Assessment to the position of Account Clerk, Temporary, at the minimum starting salary of $22,884. Debra L. Fanton, 203 Hoyt Street, Buffalo, NY 14213 Appointment effective January 12, 1998 in the Department of Assessment to the position of Account Clerk, Provisional, at the minimum starting salary of $22,884. Joan M. Brinkworth, 161 Marine Drive Apt4-D, Buffalo, NY 14202 DEPARTMENT OF LAW Appointment (amended) effective January 5, 1998 in the Department of Law, to the position of Assistant Corporation Counsel/MUNY Attorney, Permanent, Non-Competitive, at the minimum starting salary of $39,857. Carmen Gentile, 474-Seventh St., Buffalo, NY 14201 DEPARTMENT OF COMMUNITY DEVELOPMENT Appointment effective January 20, 1998 in the Department of Community Development, Division of Inspection, License and Permits, to the position of Bingo Inspector, Provisional Appointment at the minimum starting salary of $25,416. Paula Scanlon, 201 Cumberland Avenue, Buffalo, NY 14220 Earl Smith, 28 Courtland Avenue, Buffalo, New York 14215 DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment effective January 13, 1998 in the Department of Administration and Finance, Division of Civil Service, to the position of Laborer I, permanent, non-competitive, at the minimum starting salary of $9.57 per hour. Jason Bailey,. 74 Putnam Street, Buffalo, NY 14213 DEPARTMENT OF PUBLIC WORKS Appointment effective January 8, 1998 in the Department of Public Works, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary Appointment, at the flat starting salary of $7.33 per hour. Donald P. Herbert, 182 Melrose Street, Buffalo, NY 14210 John A. Loughran, 205 Marine Drive, Apt. 7A, Bflo, NY 14202 Marc C. Mann, 35 Trowbridge St., Buffalo, NY 14220 Page 47 98-0120.txt Charles H. Mayer Jr., 184 Aldrich Place, Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 95 THE BUFFALO ENTERPRISE DEVELOPMENT CORPORATION CREDITORS INTERCHANGE, INC. On behalf of Mayor Masiello, I am pleased to report that the members of the BEDC Loan Committee approved one last loan for 97' in your district. Creditor Interchange, Inc. will relocate from Cheektowaga to Buffalo. Please see the attached report addressed to the Buffalo Enterprise Development Corporation's Board of Directors summarizing the loan amount and the job impact. Please also note that due to an expanded vision, BEDC HAS DOUBLED THE NUMBER OF JOBS CREATED AND RETAINED FROM THE PREVIOUS FOUR (4) YEARS TO 9771. It was a pleasure working with you. RECEIVED AND FILED NO. 96 BUFFALO POLICE BENEVOLENT ASSOCIATION ARBITRATION AWARD Attached is a copy of the Police Arbitration Award. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 97 CCAPA CONCERNS-POLICE OFFICERS' BEHAVIOR I, Leah Paolini, reside at 2108 Bailey Avenue in Buffalo, New York. On the evening of January 11, 1998, I left my house and was Crossing the street to where I had my vehicle parked. A police car with two police officers in it stopped. One of the officers asked me what I was doing in the neighborhood and I said that I lived here, One of the officers made some stupid remarks about whether I was smoking marijuana and he said something about my dress being short. Both remarks I felt were inappropriate and disrespectful. I felt like I was being harassed. I asked the officers why they were questioning me and one said I looked suspicious. I walked over to my car and got in. The police car then shone its bright light on me and the officers got out. They approached my vehicle and ordered me to get out of the car. They asked me if they could search the car, and although I felt like this was harassment I said they could as I had nothing to hide. As they were going through my car my boyfriend was crossing the street to see what was going on. One of the puppies ran across the street and was on the sidewalk opposite where I had my car parked. One of the officers moved away from the car and went to the center of the street and without any warning shot my dog 'in the head area. I became extremely upset and started crying. The dog was not near the officers or my car but on the opposite side of the street. The shooting was totally unjustified. Then, more than a half a dozen police cars came to the scene. I asked the officers involved for their names and badge numbers and they ignored me and were laughing. One of my next - door neighbors who walked over to see Page 48 98-0120.txt what was going on was handcuffed and thrown in a police car, and then that man's wife was also arrested. They did nothing wrong, but the police did something wrong. I want a full-fledged investigation of the actions and behavior of the officers involved. I request also that they be tested immediately for any drug use because they were acting in a bizarre way. First, one killed my dog for no reason, and then they were both laughing about it. I am a citizen with rights and the police are suppose to protect me, not harass me and kill my dog for no reason. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT NO. 98 GREAT LAKES UNITED RESTRICT USES FOR BUFFALO WATERFRONT (NO. 109, CCP, 1/6/98) `I am writing on behalf of Great Lakes United and the Friends of the Buffalo River to express our full endorsement of the Buffalo zoning ordinance amendment requested by Buffalo Common Council member Barbara A. Kavanaugh (Resolution 109). Resolution 109 is fully consistent with the Buffalo River Greenway Plan and Design Guidelines (March, 19961J which were developed by the Friends of the Buffalo River and the City's Division of Planning, and endorsed by the City of Buffalo's Environmental Management Council, Planning Board and Common Council. This resolution represents a first step towards gaining the needed protections for clean water and human health as we redevelop our waterfront. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 99 HAMLIN PARK COMMUNITY & TAXPAYER'S ASSN., INC. 1715 JEFFERSON We the members of the Hamlin Park Community Taxpayer's Association (HPCTA) due hereby petition the Zoning Board of Appeals of the City of Buffalo with evidence and according to zoning regulations 51 1-1 1 0 "Discontinuance" regarding the property at 1715 Jefferson Avenue, Buffalo, New York 14208. In doing so, we request that the Zoning Board reconsider its decision and hold a Public Hearing in accordance with Article XXIV (Appeals and Variances), 511-121 (Board of Appeals) Section E. We also will submit evidence of our findings of violation of Article 511-110 "Discontinuance" for your review. I may be reached at 884-21t8 if you require further information. RECEIVED AND FILED NO. 100 WILLIAM A. O'LOUGHLIN, JR. RESIGNATION - BD. OF STADIUM & AUDITORIUM Please accept my resignation as a member of the Board of Stadium and Auditorium. RECEIVED AND FILED NO. 101 RENALDO, MYERS & PALUMBO, P.C. REQUEST-TRANSFERS/ASSIGNMENTS TO Page 49 98-0120.txt SUBLEASES BUFFALO HILTON PARKING GARAGE Our firm represents Buffalo Hotel Development Venture, L.P., the owner of the Buffalo Hilton Hotel, in connection with the transfer of the hotel and the leases and subleases affecting the same to Adam's Rib Ranch Corporation, Kummer Development Corporation, the Erie County Industrial Development Agency and Seven Seventeen HB Buffalo Corporation. Under separate cover from Guy Agostinelli, Esq., the attorney for the Purchasers, you will receive a written request to place on the agenda for January 20, 1998, our request for the City Council's approval for the transfer and assignment of the subleases affecting the Parking Garage to the new Purchasers. We strongly urge you to support this proposed transfer, the closing for which is scheduled for January 22, 1998. We are also in the process of obtaining the approval of the Buffalo Urban Renewal Agency for the assignment and transfer of our interest as ground lessee for the entire hotel parcel. If you have any questions in this regard, please do not hesitate to contact me. Thank you in advance for your anticipated cooperation. RECEIVED AND FILED NO. 102 SAPERSTON & DAY, P.C. NORTH AMERICACARE PARK SIGN This will confirm that in response to Ronald K. Zoeller's letter dated November 25, 1997 regarding the electric message center and ad panels that have been placed on the North AmeriCare Park sign at the rear of the scoreboard at North AmeriCare Park, representatives of Bisons Baseball, Inc., including yourself, Marta K. Hicrewski, and Jonathan A. Dandes, have met today regarding this matter with representatives of North AmeriCare, including myself, C.E.O. Ronald K. Zoeller and Karen Marsh, Director of Marketing- This will confirm our agreement as follows: 1. As expeditiously as possible, you will have prepared a schematic showing your proposal for relocating the electric message center and ad panels. 2.Upon receipt of such schematic proposal, representatives of North AmeriCare will review the same and respond as expeditiously as possible to such proposal, after which, if it appears reasonable that v amicable agreement can he reached, we will continue to meet for such purpose. 3.The aforesaid is without waiver of legal or equitable rights of any party and, until further notice from you, Bisons Baseball, Inc. agrees not to assert the defense of laches or any other legal or equitable defense based upon North AmeriCare's failure to commence legal or- equitable action in order to enforce their rights pursuant to our Naming Rights Agreement. REFERRED TO THE TASK FORCE ON STADIUM/AUDITORIUM. NO. 103 TCI OF NEW YORK, INC. TCI PARTNERSHIP AGREEMENT WITH ADELPHIA CABLE Page 50 98-0120.txt Today, TCI Communications, Inc. ("TCI") is announcing that it has reached a final agreement to form a partnership with Adelphia Communications. Both TCI and Adelphia will contribute some of its cable systems into this partnership. Our cable system in Buffalo will be part of this partnership. Adelphia will manage the combined group of systems in the partnership. I want to assure you that TCI is not selling these systems; it is an owner, along with Adelphia, of a larger entity that serves more customers and local communities in our market. We believe the partnership will enhance the relationship among our local cable company and community leaders, government officials and franchising authorities. We also believe this partnership will provide a strengthened local presence in our community alongside other local businesses, like the local broadcast affiliates, the local phone company and the local utilities. TCI is a leader in an industry shift of system ownership patterns from wholly-owning our operations across the country, to entering into partnerships with other cable companies in places where combining operations allows us to better serve our customers and our communities. By combining operations in such a region or market, we believe the partnership can provide greater quality and consistency of customer service, as well as better packaging and marketing of products. In addition, local and regional cable advertising has an opportunity to more effectively serve the market. Adelphia is a leader in our industry, with talented management and employees who will work well together with our talented managers and employees. They are committed to serving your community and our customers with excellent products and customer service. Cable television is a great business with a very bright future. It is also, as you well know, a local business which thrives or fails based on our ability to offer robust, competitive products at fair prices, delivered with the highest quality customer service. TO is confident that by creating this partnership with Adelphia, we are creating more effective, productive, and valuable cable operations for our customers and communities. Furthermore, we are positioning our company and our industry to be a strong and vibrant competitor for years to come. As we work through the necessary steps of closing this transaction, we will provide you with further information and seek such consent as may be required by our franchise. If you have any questions, please call me at 843-8090. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, AND CORPORATION COUNSEL. NO. 104 U. S. DEPARTMENT OF JUSTICE "INVESTIGATE FHA/HUD MTGE. SCAMS" (ITEM #118, C.C. P. DECEMBER 9, 1997) This letter is in response to the above item which was referred to the U.S. Attorney's Office for response at the Common Council meeting held on December 9, 1997. Please be advised that this office, in conjunction with the Office of Inspector General of the Department of Housing and Urban Development, are prepared to investigate all credible allegations of fraud related to programs receiving funding from the United States Department of Housing and Page 51 98-0120.txt Urban Development (HUD). Information regarding fraudulent activity should be referred to Special Agent Philip Kiefer of the Office of the Inspector General at (716) 551- 5755, ext. 5900. Both the United States Attorney's Office, the Office of the Inspector General of HUD and the Federal Bureau of Investigation are prohibited by Department of Justice regulations, the Federal Privacy Act and Rule 6(e) of the Federal Rules of Criminal Procedure from commenting upon whether any individual is under investigation, the nature or progress of the investigation, and other related matters. The above-referenced resolution has been referred to the Office of Legal Counsel of the U.S. Department of Housing and Urban Development for comment, if appropriate. REFERRED TO THE COMMITTEE ON FINANCE NO. 105 SHARON WEISHAUPT JOSEPHINE DROGOSZEWSKI 831 CLINTON STREET BUFFALO, NY 14210 "CHARGABLE AVOIDABLE ALARM" REG. #15187 My mother who is a senior in the City of Buffalo received the attached letter concerning "AVOIDABLE ALARM". At This time I would like the City of Buffalo to pardon my mother of this charge for the following reason. My mother received a free alarm system through Councilman David Fronzak and the Broadway Fillmore Housing Service located at 780 Fillmore. The alarm system installed by Metra Data allowed my mother 1 minute to exit her property, I felt this was not enough time because the key pad is located in the kitchen and she must walk through three rooms to exit the house. My mother is crippled with Rheumoid Arthritis, both arms and legs. However, the installer thought this was enough of time. Metra Data on December 30th., came to change the time allowed to leave her property to two minutes to exit and 60 seconds to enter. I still believe the key pad should be located in a more appropriate area, like near the door of exit. However, my mother is setteling for longer time to exit. If this does not work out, I will contact the President of Metra Data to remove the key pad and install it in a correct location. My family and I would like to apologize to the City of Buffalo, as well as to the Police Department. If I would of known sooner that the police department was taking valuable time to make unnecessary calls, I would of rectified the matter at once. If you need any further information, please contact me at 823-0264. For your records, my mothers number is 849- 0649. Thanking you in advance for any help you can provide in this matter. REFERRED TO THE COMMITTEE ON FINANCE AND DIVISION OF ADMINISTRATIVE ADJUDICATION. NO. 106 ZDARSKY, SAWICKI & AGOSTINELLI ASSIGNMENT OF BUFFALO HILTON PARKING GARAGE ADAM'S RIB RANCH CORPORATION, KUMMER DEVELOPMENT CORPORATION AND SEVEN SEVENTEEN HB BUFFALO CORPORATION - PURCHASE OF BUFFALO HILTON HOTEL, BUFFALO, NEW YORK, FROM BUFFALO HOTEL DEVELOPMENT Page 52 98-0120.txt VENTURE, L.P. As we discussed in our recent telephone conversation, we are currently representing the purchasers of the Buffalo Hilton Hotel. Corporations owned by HBE Corporation from St. Louis, Missouri will be purchasing the various interests in the hotel owned by the current owner, Buffalo Hotel Development Venture, L.P. We are requesting Common Council approval of the following: 1.Assignment of Parking Garage Lease. The parking garage at the hotel was built with City funds from a bond issue. The City has leased this parking garage to the current owner of the hotel. This lease was for 40 years commencing June 1, 1983. Payments are $20,440.03 per month and covers the City's payments on the bonds. The lease requires City consent (not to be unreasonably withheld) to the planned assignment of this lease to Adam's Rib and Kummer Development and to the planned sublease of the garage to Seven Seventeen HB Buffalo Corporation. The future payments to the City will be an obligation of Adam's Rib and Kummer Development and will be guaranteed by HBE Corporation. 2.Underlying Ground Lease as to Parking Garage. The land on which the parking garage was constructed was leased to the City. The City was required to pay for the parking garage when it was constructed, but does not have to make any current payments to the current owner of the hotel for the land. When the City is finally paid under the parking garage lease referred to above, the improvements are transferred to the hotel owner under the terms of the current documentation. City consent to the transfer of this lease to the HBE companies is now requested. 3.City Certifications Provided with Consent. We are also requesting that the City certify that there are no defaults by any parties under the existing documentation. This will take the form of certificate to be provided by the City with its consent to the transactions. 4.Release of Current Owner and Guarantor; HBE Corporate Guaranty. We are requesting that the current owner and a guarantor (LNC Development Corporation) be released from any future obligations under the agreements with the City. In their place, the City will have HBE Corporation and its subsidiaries who are purchasing the hotel obligated to the City for these future obligations. 5.Additional Documents. There are two additional documents to be executed by the City. The first is a memorandum of the existing parking garage lease for recording. The second is a certificate by the City certifying that construction of the parking garage was completed and accepted by the City. These documents should have been executed and recorded in or about 1983 when the City leased the completed parking garage back to the current owner of the hotel, but we did not find any recorded documentation in this regard. I am enclosing a copy of the independent accountant's report of Price Waterhouse, LLP with respect to HBE Corporation and its subsidiaries for the year ending December 31, 1996 as well as a copy of the balance sheet for HBE Corporation for that year. As can be seen, HBE Corporation is a substantial company with a net worth at December 31, 1996 in excess of $128,000,000. As I previously indicated to you, the closing date for the purchase of the hotel is scheduled for January 22, 1998 and Page 53 98-0120.txt this date is of great importance to the parties. We need the Common Council to approve the actions needed from the City at its meeting on January 20, 1998 and would appreciate appropriate action being taken at that time without referral to a committee. As I previously indicated to you, the Common Council's execution and delivery of the documentation requested does not involve the expenditure of any of the City's funds and, in essence, will substitute corporations owned by HBE Corporation in place of the current owner of the hotel with the obligations of such corporations to the City guaranteed by HBE Corporation. As you also requested, I will attend your work session in the morning on January 20, 1998 to answer any questions that you or other members of the Council may have. As we also discussed, I am sending copies of this letter and the enclosed balance sheet of HBE Corporation to the other members of the Common Council so that they can be apprised of these matters in advance of the meeting. I also note that I sent a letter yesterday to Michael B. Risman, Esq., Acting Corporation Counsel, describing in detail the proposed transactions and have provided to him drafts of the documents to be executed. HBE Corporation and its subsidiaries referred to above are looking forward to the completion of the purchase of the Buffalo Hilton Hotel. Extensive renovations and refurbishing of the hotel (which are estimated to cost in excess $7,000,000) have been planned, and my clients are anxious to proceed with these. Please call me with any questions or if you require any additional information. Thank you for your anticipated cooperation with respect to this matter. RECEIVED AND FILED NO. 107 ZDARSKY, SAWICKI & AGOSTINELLI REQUESTS-TRANSFERS/ASSIGNMENTS TO SUBLEASES BUFFALO HILTON PARKING GARAGE Re:Adam's Rib Ranch Corporation, Kummer Development Corporation and Seven Seventeen HB Buffalo Corporation - Purchase of Buffalo Hilton Hotel, Buffalo, New York, from Buffalo Hotel Development Venture, L.P. We represent the purchasers of the Buffalo Hilton Hotel in Buffalo, New York. We request on behalf of our client that the Common Council of the City of Buffalo authorize the following at its meeting on January 20, 1998: 1.The City's consent to the assignment of the lease by the current owner of the hotel, Buffalo Hotel Development Venture, L.P., covering the parking garage at the Hotel to Adam's Rib Ranch Corporation and Kummer Development Corporation, which corporations are owned by HBE Corporation; 2.The City's consent to the sublease of the parking garage at the Buffalo Hilton Hotel to Seven Seventeen HB Buffalo Corporation, being another corporation owned by HBE Corporation; 3.The City's consent to the assignment of the interest of the current owner of the Buffalo Hilton Hotel in a ground lease upon which the parking garage at the Buffalo Hilton Hotel is located to the said Adam's Rib Ranch Corporation and Kummer Development Corporation. Page 54 98-0120.txt 4.The City's certifications that there are no defaults under any of the documentation which the City is a party with the current owner of the Buffalo Hilton Hotel and covering the parking garage facility at the Buffalo Hilton Hotel. 5.The City's execution and delivery of a memorandum of its existing parking garage lease with the current owner of the Buffalo Hilton Hotel for purposes of recording in the Erie County Clerk's Office. 6.The City's execution of a certificate of completion acknowledging that construction of the parking garage facility at the Buffalo Hilton Hotel was completed and accepted by the City. 7.The City's release of the current owner of the Buffalo Hilton Hotel and a current guarantor, LNC Development Corporation, from future obligations under the existing documentation with the City with respect to the Buffalo Hilton Hotel. 8.The City's acceptance of the guaranty of HBE Corporation of the future obligations owed to the City under the leases and agreements to be assigned to the corporations owned by HBE Corporation which are acquiring the interests of the current owner of the Buffalo Hilton Hotel. The closing date for the purchase of the hotel is scheduled for January 22, 1998 and this date is of great importance to the parties. We need the Common Council to approve the actions needed from the City at its meeting on January 20, 1998 and would appreciate appropriate action being taken at that time without referral to a committee. I am enclosing a duplicate original of my letter to Majority Leader Rosemarie LoTempio today as well as a letter to the Majority Leader from Anthony J. Renaldo, Esq. who represents the seller of the Buffalo Hilton Hotel. Please include these in the record with respect to this matter. A detailed submission of the documentation to be executed has been submitted to Acting Corporation Counsel, Michael B. Risman, Esq., for his review and submission to the Common Council. Please call me with any questions or if you require any additional information. Thank you for your anticipated cooperation with respect to this matter. RECEIVED AND FILED NO. 108 D. WATKINS USE OF MACE, ETC. BY POLICE DEPARTMENT Attached please find letters from D. Watkins and Josue Rodriguez concerning the use of mace by Police Officers. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION/ OVERSIGHT. NO. 109 ERIE COUNTY EXECUTIVE I have received a copy of a resolution sponsored by Council President James Pitts that endorses the Mohawk site for the development of a new Convention Center in the City of Buffalo. The resolution makes reference to a study completed by C.H. Johnson Consulting, Inc. that was commissioned bv the Greater Buffalo Convention and Visitors Bureau. While I appreciate and recognize the importance of the role of the Common Council in this matter, I believe it is premature to eliminate any of the sites Page 55 98-0120.txt contained in the C.H. Johnson study. This issue requires a more thorough review: first. to determine the feasibility of constructing a new convention center and then, the best possible location. It is important that no mistakes be made in choosing the appropriate location, as construction of a new convention center can help stimulate economic development in downtown Buffalo. While the C.H. Johnson study is a good first step, we still have a long way to go in determining the best site that meets the community's current and future needs as well as a means to stimulate anscilliary development. The C.H. Johnson study indicates that a new facility is necessary. The current Convention Center's lack of showroom space, the unavailability of land for expansion, and outdated aesthetics are all reasons the C.H. Johnson study cites for development of a new facility rather than rehabilitation of the existing facility. Although the report seems to endorse the Mohawk Ramp site and the Marine Atrium site as the most suitable. representatives of C.H. Johnson caution us not to rule out any of the sites contained in their report. In order for a project of this nature to advance, it is important that we gather input from the community as a whole, including developers and the hotel, restaurant and convention industry. First and foremost however, we need to determine the feasibility of building such a facility ie: how to pay for it. And of course, public input is vital to the success of any project of this magnitude. As you know, my 1998 budget contains an appropriation of $500,000 to complete a more detailed feasibility study. A more comprehensive review is called for in the C.H. Johnson report. The Erie County Department of Environment & Planning is currently preparing an RFP to contract for professional consulting services to produce this report. Meanwhile, I believe it is in our best interest to await the outcome of this study before endorsing any potential sites. Thank you for the opportunity to comment on this resolution. I trust this letter helps clarify my position in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 110 PETITIONS CITY OF BUFFALO, OWNER, PETITION TO USE 2969- 2971 BAILEY FOR A SOCIAL CENTER. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE (BEVERLY Y. GRAY, CHAIRPERSON) NO. 111 REQ. TO HIRE CITY RECRUITER (CSC) I , (ITEM NO. 64, C.C.P. OCTOBER 28, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 112 J.KUC-REQ. VACATION TIME, PAYMENT (ITEM NO. 63, C.C.P. NOVEMBER 12, 1997) Page 56 98-0120.txt I That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 113 RESPONSE-J.KUC-REQ. VACATION TIME PAYMENT (A&F) (ITEM NO. 37, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 114 UNUSED VACATION TIME - J. KUC (CCLK) (ITEM NO. 44, C. C. P. JANUARY 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 115 REQ.LNFO.-FIRE COMM. EQUIP. REG. ETC. (ITEM NO. 147, C. C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 116 APPOINTMENT SYSTEMS ADMINISTRATOR That Communication 19, December 23, 1997 be received and filed and the Provisional appointment of Thomas Cavaretta stated above at the Fifth Step salary $45,979.00 effective on December 15, 1997 is hereby approved. PASSED AYES - 12 NOES - 0 NO. 117 APPOINTMENT COMM. ELECTRICIAN That Communication 32, December 23, 1997 be received and filed and the Provisional appointment of Ronald Garrett stated above at the Promotion salary $27,505.00 effective on December 15, 1997 is he approved. PASSED AYES - 12 NOES - 0 NO. 118 APPOINTMENT CLERK TYPIST That Communication 36, January 6, 1997 be received and filed and the Provisional appointment of Barbara Lewis stated above at the Maximum salary $25,495.00 effective on January 6, 1998 is hereby approved. PASSED AYES - 12 NOES - 0 FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 119 GEN.FED.CITY GAP SHT. - 1ST QTR. 1997-98 (A&F) 'I (ITEM NO. 35, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 57 98-0120.txt NO. 120 BFLO. SOFTBALL LEAUGE-REQ. WAIVE USER FEE 1997-98 (Item No. 48, C.C.P. November 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 121 BFIO. SOFTBALL LEAUGE-REQ. WAIVE (A&F) (ITEM NO. 41, C.C.P. DECEMBER O9, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 122 INCREASED APPROPRIATION - BOARD OF EDUCATION (ITEM NO. 123, C.C.P., NOV. 25, 1997) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the above item be, and the same hereby is received and filed. ADOPTED. NO. 123 INCR.APPROP. - BD. ED. (ITEM NO. 38, C.C.P. DECEMBER 09, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 124 INCR APPROP. -.BD ED.(BD.ED.) (ITEM NO. 45, C.C.P. DECEMBER 09, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 125 INCREASED APPROPRIATION - DEPARTMENT OF PUBLIC WORKS - DIVISION OF ENGINEERING DEPARTMENT OF COMMUNITY DEVELOPMENT DIVISION OF HOUSING & INSPECTIONS (ITEM NO. 103, C.C.P., JAN. 6, 1998) That the Comptroller be, and he hereby is authorized and directed to transfer the sum of $231,724 from 81118 Community Development Block Grant and $118,849 from 71-3 Division of Housing and Inspections 81118 Community Development Block Grant for a total of $350,573 to meet this increased appropriation for the 71 Department of Community Development 900 Land & Betterments, Demolition of Buildings as set forth in the above communication. PASSED. AYES - 12 NOES - 0 NO. 126 INCREASED APPROPRIATION - DEPARTMENT OF Page 58 98-0120.txt PUBLIC WORKS - DIVISION OF ENGINEERING DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION - DIVISION OF PARKS (ITEM NO. 104, C.C.P., JAN. 6, 1998) That the Comptroller be, and he hereby is authorized and directed to transfer the sum of $40,000 from 8881 Community Development Block Grant to meet this increased appropriation for the 50 Department of Human Services, Parks & Recreation, 580 Non-Professional Services as set forth in the above communication. PASSED AYES - 10 COPPOLA, FONTANA, FRANCZYK, GRAY, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, WILLIAMS, ZUCHLEWSKI NOES - 2 BROWN, HELFER NO. 127 RESULT OF NEGOTIATIONS - 249 MARYLAND STREET (ITEM NO. 27, C.C.P., JAN. 6, 1998) That the offer from Mr. Louis P. Menza, of 247 Maryland Street, in the sum of $700.00 (Seven Hundred Dollars) to purchase the property described as 249 Maryland Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and that the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED AYES - 12 NOES - 0 NO. 128 RESULT OF NEGOTIATIONS - 308 PEACH STREET (ITEM NO. 28, C.C.P., JAN. 6,1998) That the offer from Ms. Louvenia Harris, of 306 Peach Street, in the sum of $650.00 (Six Hundred and Fifty Dollars) to purchase the property described as 308 Peach Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED AYES - 12 NOES - 0 NO. 129 F. PARLATO - PARLATO REAL ESTATE (ITEM NO. 5 6, C. C. P. JANUARY 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 130 FED.ASSET FORFEITURE ACCT.-ANNUAL CERT. REPORT (POL)(COMPT) (ITEM NO. 09, C.C.P. JANUARY 6, 1998) Page 59 98-0120.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 131 RENEW LEASE - UNIVERSITY HEIGHTS COMM. DEV. ASSOC. - 3242 MAIN STREET (ITEM NO. 11, C.C.P., JAN. 6,1998) That the Comptroller be, and he hereby is authorized to renew the lease between the City and the University Heights Community Development Association, Inc., which operates the Gloria J. Parks Community Center located at 3242 Main Street, for a five (5) year term commencing August 1, 1998 and to expire on July 31, 2003, the annual rental fee to be charged is $1.00 (Only One Dollar), with the conditions as listed in the above communication. Authorized the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 12 NOES - 0 NO. 132 MAINTENANCE AGREEMENT - N.Y.S. THRUWAY - NIAGARA STREET (ITEM NO. 17, C.C.P., JAN. 6,1998) That the Commissioner of Public Works be, and he hereby is authorized to enter into a maintenance agreement between the City and the New York State Thruway Authority for BIN #5043930, Niagara Street over the New York Thruway 1-190, which is to be reconstructed in conjunction with contract TAM 97-91. Upon completion of the project the City will be responsible to maintain the bridge pavement surface, shoulders, curbs. sidewalks, slopes, guide railings, pavement markings and snow-ice control on both approaches and structure. PASSED AYES - 12 NOES - 0 NO. 133 GRASS CUTTING INVOICE TRANSFERS (ITEM NO. 33, C.C.P., JAN. 6,1998) That the list of parcels of land in the City of Buffalo that the Commissioner of Street Sanitation has charged for grass/weed cutting services during the months of June- October 1997 be, and hereby is approved and the Commissioner of Assessment be, and he hereby is authorized to assess such charges to the owners of such parcels of land. PASSED AYES - 12 NOES - 0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 134 D.MINOGUE-USE 187 EXCHANGE- BILLBOARD SIGN (HRG. 1/13) (ITEM NO. 66, C.C.P. JANUARY 06, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 60 98-0120.txt NO 135 RENAME POLK BROTHERS BUILDIDNG - GEORGE KENNETH ARTHUR COMMUNITY CENTER (NO. 115 C.C.P. JAN. 6, 1997) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Coppola, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: Opposed: Mrs. LoTempio moved that the hearing be closed. Seconded by Mr. Zuchlewski. CARRIED. Mrs. LoTempio now moved that, after the required public hearing held by this Common Council, Polk Brothers Building be renamed George Kenneth Arthur Community Center, and the City Clerk be, and he hereby is, directed to notify the proper authority as required by Section 286-5 of the Code of the City of Buffalo. PASSED AYES-12 NOES-0 NO. 136 BAILEY DELAVAN COMM. SERVICES - RENAMING POLK BROTHERS BUILDING (ITEM NO. 81, C.C.P., DEC. 23, 1997) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be and the same hereby is received and filed. ADOPTED NO. 137 W. WARD & J. LIFTLE-USE 26 ALLEN-TAVERN (HRG. 12/2) (ITEM NO. 66, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 138 USE 26 ALLEN-SIDEWALK CAFE (C.P.BD.) (ITEM NO. 12, C.C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 139 ENCROACH 531 ELMWOOD AVENUE - SIDEWALK CAFE (ITEM NO. 25, C.C.P., DEC. 23, 1997) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: Page 61 98-0120.txt That the Commissioner of Public Works be, and he hereby is authorized to issue a mere license "to Mr. Ronald Lucchino, acting as agent for Starbucks Cafe, located at 531 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: I .That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed thirty-five feet (35') in length or extend more than seven and one-half feet (7.5') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES - 12 NOES - 0 NO. 140 ENCROACH 11-15 ELEY PLACE - HANDICAPPED ACCESS RAMP (ITEM NO. 16, C.C.P., JAN. 6,1998) That the Commissioner of Public Works be, and he hereby is authorized to issue a 14 mere license" to Mr. John Starr, owner of the property located at 11-I5 Eley Place, to install a handicap ramp, which would encroach city right-of- way at said address, subject to the following conditions: I .That the applicant obtain any and all other City of Buffalo pen-nits necessary for said installation. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That ramp be constructed so as not to be permanent in nature. 4.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk ramp. PASSED AYES - 12 NOES - 0 NO. 141 ORDINANCE AMENDMENT - CHAPTER 242 HOUSING STANDARDS (ITEM NO. 114, C.C.P., JAN. 6, 1998) That the Ordinance Amendment as contained in Item No. 1 14, C. C. P., Page 62 98-0120.txt January 6, 1998, be and the same hereby is approved. PASSED AYES - 12 NOES - 0 NO. 142 REG. SIGNAL DOAT AT MAY (ITEM NO. 19, C.C.P. SEPTEMBER 16, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 143 CLOSING WEST AVENUE BETWEEN FOREST AVENUE AND TONAWANDA ST. (ITEM NO. 194, C.C.P., SEPT. 16, 1997) That this Common Council requests that the Department of Public Works, the Buffalo Police Department and the Buffalo Fire Department to review this resolution and report back to this Council on the feasibility of closing West Avenue between Forest Avenue and Tonawanda Street. ADOPTED NO. 144 CLOSING WEST AVE. BTW. FOREST AVE. & TONAWANDA ST. (PW) (ITEM NO. 22, C.C.P. NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 145 CLOSING WEST AVE. BTW. FOREST AVE. & TONAWANDA ST. (CD) (ITEM NO. 44, C.C.P. NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 146 CLOSING WEST AVE. FROM FOREST TO TONAWANDA ST. (C.P. BD.) (ITEM NO. 05, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 147 CCAPA -REQ. HRG. POLICE BRUTALITY ETC. (ITEM # 58 CCP SEPTEMBER 30, 1997) That the above mentioned item be and the same is hereby referred to the Police Oversight Committee. ADOPTED NO. 148 CCAPA -REQ. HRG. POLICE BRUTALITY (POL) (ITEM # 34 CCP OCTOBER 14, 1997) That the above mentioned item be and the same is hereby referred to the Police Oversight Committee. ADOPTED NO. 149 CCAPA -ISSUES OF POLICING AND ABUSE (ITEM # 68 CCP DECEMBER 23, 1997) Page 63 98-0120.txt That the above mentioned item be and the same is hereby referred to the Police Oversight committee. ADOPTED NO. 150 CCAPA - BAN USE OF PEPPER SPRAY (ITEM # 46 CCP JANUARY 06, 1998) That the above mentioned item be and the same is hereby referred to the Police Oversight Committee. ADOPTED NO. 151 RESPONSE-PUB. HGR. ON POLICE MISCONDUCT (CC) (ITEM # 33 CCP DECEMBER 23, 1997) That the above mentioned item be and the same is hereby referred to the Police Oversight Committee. ADOPTED NO. 152 LOOK INTO COMPLAINTS-POLICE BRUTALITY, ETC. (ITEM 9 164 CCP DECEMBER 23, 1997) That the above mentioned item be and the same is hereby referred to the Police Oversight Committee. ADOPTED NO. 153 RESPONSIBILITY OF INFESTATION OF DWELLING (ITEM NO. 161, C.C.P. SEPTEMBER 30, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 154 PAY-AS-YOU-THROW PILOT PROGRAM (A&F) -I (ITEM NO. 5 8, C.C.P. OCTOBER 28, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 155 PAY-AS-YOU-THROW PILOT PROGRAM (STS) (ITEM NO. 47, C.C.P. NOVEMBER 12, 1997) That the above marked item be and the same is hereby received and filed. ADOPTED NO. 156 INFO. COMM.-DIRECT HAULING (STS.) (ITEM NO. 49, C.C.P. DECEMBER 23,1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 157 BFLO-PLACE - REVOCATION OF OUTDOOR PERFORMER'S LIC (CC) (ITEM NO. 20, C.C.P. JANUARY 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 158 BFLO.PLACE - REVOCATION OF OUTDOOR Page 64 98-0120.txt PERFORMER'S LIC (CD) (ITEM NO. 23, C.C.P. JANUARY 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 159 ENCROACH 1021 SYCAMORE STREET - RIGHT-OF- WAY (ITEM NO. 8, C.C.P., NOV. 25, 1997) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Assemble De Iglesias Cristianas Unidas, Inc., owner of the property located at 1021 Sycamore Street, which encroaches 1.2 feet onto the Sycamore Street right-of-way and the eaves encroach I foot onto the Sweet Street right-of-way at said address, subject to conditions as determined by the Department of Public Works. The Law Department is authorized to prepare the necessary documents for this license and the Mayor is authorized to execute the same. PASSED. AYES - 12 NOES - 0 NO. 160 NOTIFICATION SERIALS 8964-8973 (#20-C.C.P.-12/9/97) That the Committee on Legislation refer the above item to the Common Council without recommendation. Mr. Coppola moved: That the above item be and the same hereby is received and filed. ADOPTED. NO. 161 RE-APPOINTMENT OF MEMBER TO THE BUFFALO WATER BOARD (ITEM NO. 2, C.C.P., DEC. 23, 1997) That the appointment of James B. Milroy, residing at 155 Massachusetts Avenue, as a member of the Buffalo Water Board for a term expiring December 31, 1999 be, and hereby is approved. Passed. AYES-12. NOES-0. NO. 162 APPOINTMENT & RE-APPOINTMENT EXAMINING BOARD OF ELECTRICIANS (ITEM NO. 4, C.C.P., DEC. 23,1997) That the re-appointment of Frank A. Cirrito, residing at 124 Niagara Falls Blvd., and appointment of Anthony P. Fanti, 19 Hecla Street, as members of the Examining Board of Electricians for terms expiring December 31, 2000 be, and hereby is approved. PASSED. AYES-12. NOES-0. NO. 163 B. LOCKWOOD-TROCAIRE COLLEGE CONST. PROJ. (ITEM NO. 71, C.C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby Page 65 98-0120.txt received and filed. ADOPTED NO. 164 J. ALKATERI - 1715 JEFFERSON (ITEM NO. 45, C.C.P. JANUARY 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 165 LDA-SENECA/CAZ. SR. HSG. PROJ./SENECA CAZ. COMM. SQ. CORP. (ITEM NO. 48, C.C.P. 12/23/97) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio , seconded by Mr. Zuchlewski, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances In Favor: Chuck Seitter, Home Fd. Adm.: Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Zuchlewski. CARRIED. Mrs. LoTempio moved that WHEREAS, the City of Buffalo Urban Renewal Agency (hereinafter referred to as the "Agency") has previously duly designated Seneca-Cazenovia Community Square Corp., as the qualified and eligible Redeveloper in accordance with all applicable rules, regulations and/or procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a "Notice of Public Hearing" in accordance with Section 507, Subdivision 2 (d) of the General Municipal Law of the State of New York; and WHEREAS, said Public Hearing has been duly held in the Council Chambers, City Hall, at 2:00 P.M. on Tuesday, January 6, 1998; and WHEREAS, the proposed Amendment to Land Disposition Agreement has been duly submitted to this Common Council on behalf of the Agency. NOW, THEREFORE, BE IT RESOLVED: 1 .that Seneca-Cazenovia Community Square Corp., has been duly designated as a qualified and eligible Redeveloper by the Agency, is hereby further approved as the Redeveloper for the Seneca-Caz Senior Housing Project, as amended. 2.that the Mayor of the City of Buffalo and the Chairman and/or the Vice Chairman of the Agency are hereby authorized and directed to execute any and all deeds and/or other documents and/or affidavits deemed necessary and appropriate to convey title to the land described in the proposed Amendment to Land Disposition Agreement to the Redeveloper; in accordance with all term, covenants and conditions of the Land Disposition Agreement, as amended Page 66 98-0120.txt by the Amendment to Land Disposition Agreement, and for the consideration recited therein. PASSED. AYES-12. NOES-0. NO. 166 TRANSFER OF TITLE, URBAN HOMESTEAD - 62 LESTER (ITEM NO. 44, C.C.P., DEC. 23, 1997) That the city-owned property commonly known as 62 Lester, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Joseph Vidal, residing at 64 Lester, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES-12. NOES-0. NO. 167 TRANSFER OF TITLE, URBAN HOMESTEAD - 97 MORTIMER (ITEM NO. 29, C.C.P., JAN. 6,1998) That the city-owned property commonly known as 97 Mortimer, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. David Hairston, residing at 99 Mortimer Street, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES-12. NOES-0. NO. 168 TRANSFER OF TITLE, URBAN HOMESTEAD - 63 MILLS STREET (ITEM NO. 30, C.C.P., JAN. 6,1998) That the city-owned property commonly known as 63 Mills Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Cynthia R. Lewis, residing at 59 Mills Street, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES-12. NOES-0. NO. 169 HOMESTEAD PROGRAM (CD) (ITEM NO. 47, C.C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 170 COUNTY COURTHOUSE (BURA) (ITEM NO. 54, C.C.P. NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 67 98-0120.txt NO. 171 NEW COUNTY COURTHOUSE (MAYOR) (ITEM NO. 1, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 172 NEG.-NECL.-WATERFRONT GREENWAY SYSTEM (COUNS. PRES.) (ITEM NO. 14, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 173 ORD. AMEND. CH. 493 - WATERFRONT GREENWAY SYSTEM (DRAFT) (ITEM NO. 129, C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 174 HOME FUNDS 384 BROADWAY (ITEM NO. 25, C.C.P., JAN. 6, 1998) That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $657.945.00 of HOME Funds to Housing Enterprise for the Less Privileged (H.E.L.P.) The loan terms will be 0% for 20 years. PASSED. AYES-12. NOES-0. EDUCATION (BARBARA A. KAVANAUGH, CHAIRPERSON) NO. 175 BD. OF ED BACK PAY LAWSUIT (CC) (ITEM NO. 35, C.C.P. NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 176 PROGRESS REPORT - BD. OF ED. LAWSUIT (A&F) (ITEM NO. 49, C.C.P. NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 177 BD. OF ED. POLICY ON "UNEXECUSED" ABSENCES (ITEM NO. 154, C.C.P. NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 178 BD. OF ED. POLICY ON "UNEXECUSED" ABSENCES (BD. ED.) (ITEM NO. 53, C.C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby Page 68 98-0120.txt received and filed. ADOPTED NO. 179 D. STARR - SCHOOL #33 ADMISSION POLICY (ITEM NO. 60, C.C.P. DECEMBER 09, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 180 CHARTER SCHOOL VOUCHERS (ITEM NO. 120, C.C.P. DECEMBER 9, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 181 CHARTER SCHOOL VOUCHERS (BD. ED) (ITEM NO. 54, CC.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED TELECOMMUNICATIONS (JAMES W. PITTS, CHAIRMAN) A . NO. 182 TCI ANNUAL UPDATE - EQUIP. ETC. CHARGES (ITEM # 120 CCP MARCH 7, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 183 TCI - NOTICE OF RATE INCREASE EFF 5/1/95 (ITEM # 95 CCP APRIL 4, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 184 TCI-UPGRADE/DOWNGRADE CHARGES (ITEM # 182 CCP FEBRUARY 8, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 185 TCI-DEDUCT FRANCHISE FEE FROM GROSS REVENUES (ITEM # 80 CCP MAY 30,1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 186 TCI-RENEW CABLE TV FRANCHISE (ITEM # 152 CCP SEPTEMBER 5, 1997) That the above mentioned item be and the same is hereby received and filed. Page 69 98-0120.txt ADOPTED NO. 187 TCI-DENIAL OF SYSTEM TRADE (ITEM # 109 CCP MAY 16,1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 188 FCC - MEMO/ORDER ON COMPLAINTS OF TCI SERVICE (ITEM # 92 CCP MAY 16, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 189 FCC -CABLE TV (ITEM # 91 CCP NOVEMBER 14, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 190 COUNCIL STAFF - FCC TCI -CABLE RATE COMPLAINT (ITEM # 79 CCP MAY 14, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 191 TCI-NOTIF CHG. QTLY, FORM TO ANNUAL FORM (ITEM # 97 CCP MARCH 19, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 192 AUDIT - TCI (COMPT) (ITEM # 25 CCP JUNE 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 193 TCI - REPLACE C-SPAN II (ITEM # 148 CCP SEPTEMBER 3, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 194 M. POLAKOV & 0 - OPP. LOSS OF C-SPAN (ITEM # 90 CCP OCTOBER 29, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 195 E. CLEVELAND & 0 - OPPOSE LOSS OF C-SPAN II (ITEM 4 65 CCP DECEMBER 10, 1997) That the above mentioned item be and the same is hereby received and filed. Page 70 98-0120.txt ADOPTED NO. 196 TCI - INFO. DEC. TO END TELEMARKETING OPERATION (ITEM # 83 CCP NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 197 TCI -RPT. ON CLOSING TELEMARKETING CTR- (ITEM # 162 CCP NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 198 TCI -REPLY CLOSING TELEMARKETING CTR. (ITEM # 62 CCP DECEMBER 10, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 199 TCI -LAYOFFS . (ITEM #62 CCP DECEMBER 10, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 200 TCI -RPT. SALE/SWAP FRANCHISE (ITEM # 163 CCP NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 201 RPT. ON SALE/SWAP OF TCI FRANCHISE (ITEM # 174 CCP JUNE 10, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 202 CHALLENGE TCI LATE FEE (ITEM # 164 CCP NOVEMBER 12, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 203 TCI QTLY PHONE REPORTS (ITEM # 120 CCP NOVEMBER 26,1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 204 TCI PROGRAMMING CHANGE Page 71 98-0120.txt (ITEM # 121 CCP NOVEMBER 26, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 205 TCI INFO REDUCTION IN WORKFORCE (ITEM # 76 CCP DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 206 TCI- REGIONAL OFC.-CHG. OF ADDRESS (ITEM # 88 CCP FEBRUARY 18, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 207 TCI 4TH QTR. CUSTOMER SVS. STANDARDS (ITEM # 89 CCP FEBRUARY 18, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 208 NIAGARA MOHAWK-INFO-PROP. COMMUNICATION TOWER ORD. (ITEM # 97 CCP SEPTEMBER 2, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS NO. 209 By: Mr. Brown PUBLIC HARASSMENT OF CITY EMPLOYEES Whereas: There have been reports of incidents of public harassment against city employees while those employees were performing their job duties; and Whereas: One particular division that often suffers from public harassment is the city building inspectors; and Whereas: These incidents range from verbal harassment to actual physical confrontation; and Whereas: Protection of city employees who are carrying out their defined responsibilities should be of primary concern for all city officials; and Whereas: To ascertain the frequency and severity of harassments, as well as the recourse available to victims, it is necessary to study this issue in greater detail; Now, Therefore, Be It Resolved: That this Common Council requests all department heads to file a report outlining any reported harassments over the past two years of any employee while performing his/her job duties; and Be It Further Resolved: That the Law Department define existing penalties, jurisdiction to enforce and impose these penalties, and, if deemed necessary, propose methods to stiffen these penalties; and Be It Finally Resolved: That the City Clerk's office be requested to send certified Page 72 98-0120.txt copies of this resolution to all department heads, and that all department heads be requested to file with the Common Council, their reports by 2:00 p.m. Thursday, January 29, 1998. Mrs. LoTempio moved: That the final resolve of the above item be adopted and the reminder be referred to the Committee on Legislation and Corporation Counsel. ADOPTED. NO. 210 By: Mr. Brown REQUEST ORDINANCE AMENDMENT REGARDING PROPERTY INSPECTIONS Whereas: The Commissioner of the Erie County Department of Health is currently empowered to order property inspections in order to "safeguard the health and safety of the occupants of the dwellings and of the general public;" and Whereas: This authority is outlined in Section 242-3A of the Charter and Ordinances of the City of Buffalo; and Whereas: Various City of Buffalo officials have expressed frustration that only the Commissioner of the Erie County Health Department has this authority because at times, it can negatively impact the City's ability to respond quickly to serious public health and safety issues; and Whereas: This frustration stems from the fact that property inspections fall under the City's purview and it would be more appropriate if a City official were also able to follow through in this manner in order to more expeditiously respond to critical public health and safety concerns; Now, Therefore, Be It Resolved: That this Honorable Body requests that the Corporation Counsel amend Section 242-3A of the Ordinances of the City of Buffalo by including "the Commissioner of Community Development and/or his/her designee" at every point at which the Erie County Commissioner of Health or County Health Department representative is mentioned. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 211 By: Mr. Brown COMBINE EEO, AFFIRMATIVE ACTION, AND M/WBE FUNCTIONS Whereas: The City of Buffalo has many offices and departments with a broad range of procedures and policies for dealing with affirmative action and discrimination questions, inquiries, and complaints; and Whereas: Many individuals have expressed a great deal of interest about how their concerns are handled, with no coordinated procedures in place from department to department; and Whereas: A central unit responsible for dealing with these situations, that would be held accountable for their actions, would be beneficial to all employees and citizens of the City of Buffalo; Now, Therefore be it Resolved: That the City of Buffalo consolidate all City Equal Employment Opportunity, Affirmative Action, and M/WBE functions into one unit where there is a chain of command and a direct reporting responsibility; and Page 73 98-0120.txt Be it Further Resolved: That this unit should have a mechanism in place to investigate employee and citizen allegations of discrimination against the City and its agents or employees, as well as administer the other EEO, Affirmative Action, and M/WBE functions outlined in the City's Affirmative Action Plan; and Be it Finally Resolved: That Administration and Finance and Corporation Counsel investigate and report on the necessary changes required to create a new division responsible for EEO, Affirmative Action, and M/WBE functions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, COMMISSIONER OF ADMINISTRATION AND FINANCE, CORPORATION COUNSEL AND BUFFALO URBAN RENEWAL AGENCY. NO. 212 By: Mr. Brown APPOINTMENT OF LEGISLATIVE ASSISTANT Whereas: With the accepted resignation of Craig Hannah, Legislative Assistant to Masten District Councilmember Byron Brown, effective Friday, January 16, 1998, 1 hereby appoint Emerson Barr as his replacement; Now, Therefore Be It Resolved: That Emerson Barr, of 39 Norway Park, Buffalo, New York, 14208, be appointed Legislative Assistant to Councilmember Byron Brown effective January 19, 1998. ADOPTED. NO. 213 By: Mr. Brown UPDATE ON THE INVESTIGATION OF 417 NORTHUMBERLAND AVENUE WHEREAS: The Masten District Council Office has received numerous neighborhood complaints and recent newspaper accounts indicating that the structure at 4 1 7 Northumberland Avenue has been altered from its status as a residential home to a motorcycle gang clubhouse. At present, this structure is a non-conforming use since 417 Northumberland is zoned as an R-2 dwelling [residential one or two family]; and WHEREAS: From the visual inspection by the Buffalo Police Department, it was discovered that 417 Northumberland was in a poor and unsanitary condition- and WHEREAS: At 417 Northumberland, there are several building code violations including a fence surrounding the perimeter which is taller than the city's limit, razor wire atop the fence, a defective chimney, improper water drainage and unprotected or unpainted exterior walls; and WHEREAS: There are additional nuisances such as, excessive noise, parking on an adjacent unpaved lot, obstructing neighbors' driveways, garbage and the stench of dog feces; and WHEREAS: Excessive noise by users of 417 Northumberland Avenue continues in violation of Section 293-4(b) of the City's Noise Ordinance. Peace and quiet are defining characteristics of most desirable neighborhoods and the deterioration of neighborhoods often start with a few inconsiderate neighbors. Proper enforcement of the City's noise ordinance is crucial to ensuring the quality of life in the community; and WHEREAS: To maintain the highest standards of public Page 74 98-0120.txt health, safety and general welfare, the enforcement of housing standards and civil and criminal statutes must be pursued in a comprehensive and vigorous manner; and WHEREAS: Until and unless something is done to provide for a comprehensive strategy to eradicate the prevailing conditions at 417 Northumberland, the viability of the neighborhood remains seriously at-risk; NOW, THEREFORE BE IT RESOLVED: That this Honorable Body requests officials in the City of Buffalo Department of Community Development, the Division of Inspections and Licenses, the Law Department, the Buffalo Police Department and Erie County Health Department focus on all unresolved issues involving 417 Northumberland and require compliance with City of Buffalo Housing Codes, as well as Chapter I of the New York Sanitary Code, Part 21, Housing Hygiene and Occupancy; and BE IT FINALLY RESOLVED: That due to the numerous building code violations, several neighborhood complaints and severe alteration and non- conforming use of this residential structure, this Honorable Body requests that the City of Buffalo mandate the owners of 417 Northumberland comply with the aforementioned statutes and cease and desist the non-conforming use of 417 Northumberland immediately. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF COMMUNITY DEVELOPMENT, COMMISSIONER OF POLICE, AND ERIE COUNTY HEALTH DEPARTMENT. NO. 214 By: Mr. Coppola WAIVE BACK TAXES FOR 345 TACOMA Whereas: In December, 1995, the former Synagogue at 345 Tacoma Avenue was purchased for $128,000 by At the Foot of the Cross Life & Resurrection Ministry; and Whereas: Even though this property was purchased by a ministry, they have been assessed taxes and are in arrears for 1995-96 and 1996-97 because they erred in not filing for not-for profit status; and Whereas: This error is causing the ministry and its congregation severe hardship and threatens their viability; and Whereas: As this property has a history of being tax exempt, and the city certainly would not want to assume ownership for back taxes which could happen because of the severe financial hardship, it would behoove this Council to forgive the back taxes. Now therefore be it resolved that This Common Council recognizes the severe hardship on At the Foot of the Cross Life & Resurrection Ministry and its congregation because of tax arrears for 1995-96 and 1996-97, and therefore, forgives the back taxes as this property has a history of being tax exempt for religious communities. REFERRED TO THE COMMITTEE ON FINANCE,- CORPORATION COUNSEL, AND COMMISSIONER OF ASSESSMENT. NO. 215 By: Mr. Coppola DIRECT DEPOSIT OF CITY PAY CHECKS Page 75 98-0120.txt TO BUFFALO METROPOLITAN CREDIT UNION Whereas: Many City of Buffalo employees are members of the Buffalo Metropolitan Credit Union; and Whereas: Presently, there is no provision for electronic direct deposit of city pay checks for members of the Credit Union, even though direct deposit is convenient and relatively inexpensive; and Whereas: During recent outreach in City Hall by Credit Union staff, numerous employees requested direct deposit and were disappointed that it was unavailable; and Whereas: As the demand is there and the technology available, it would be beneficial for the Comptroller's Office and the Credit Union to pursue direct deposit of city pay checks. Now therefore be it resolved that This Common Council requests that the Comptroller's Office and Buffalo Metropolitan Credit Union pursue direct deposit of city pay checks; and Be it further resolved that The City Clerk forward a certified copy of this resolution to the Buffalo Metropolitan Credit Union with a request for a response as soon as possible. REFERRED TO THE COMMITTEE ON FINANCE, COMPTROLLER, AND BUFFALO METROPOLITAN FEDERAL CREDIT UNION. NO. 216 By: Mr. Coppola WAIVE SIGNAGE FEES FOR RONALD MCDONALD HOUSE Whereas: Ronald McDonald House, 780 West Ferry Street, is a not-for-profit corporation dedicated to providing housing for the families of pediatric patients at Childrens Hospital, and has recently extended that service to Buffalo General, Roswell Park, ECMC, Millard Fillmore at Gates Circle, and the Veterans Administration Hospitals; and Whereas: Last month their sign was stolen and administrators wish to replace it by erecting a new 3' x 5' wooden oval sign with gold leaf writing identifying Ronald McDonald House; and Whereas: The new sign is larger than the previous sign; therefore, they must seek a pen-nit from the City; and Whereas Because Ronald McDonald House is a not-for- profit with a very limited budget and never refuses a family for their inability to pay, it would be beneficial to them if the City waived all fees involved. Now therefore be it resolved that This Common Council, appreciating what Ronald McDonald House does for families of patients at area hospitals and being sensitive of their financial position, hereby waives any and all fees involved for new signage as long as that signage meets all requirements of the Department of Public Works and the Permits Department. PASSED. AYES-12. NOES-0. NO. 217 By: Mr. Coppola WAIVE ALL FEES FOR WINTERFEST MOTORCADE Whereas: The City of Buffalo, long-known as the snow capital of the northeast, celebrates winter by holding an annual Winterfest in our historic Olmsted Park System, and Page 76 98-0120.txt Whereas: This year, Winterfest will be held Friday, February l3th through Monday, February 16th; and Whereas: The Motorcade will be held on Saturday, February 14th, in conjunction with Hunter's Day of Hope, a special celebration for Hunter Kelly's first birthday; and Whereas: Plans call for the Motorcade to begin at 5:30 pm and end at the Casino in Delaware Park at 5:45 pm where Master of Ceremonies Ed Kilgore will begin festivities by introducing the Kelly family and other dignitaries; at 6:00 pm Jim and Jill Kelly are scheduled to speak and at 6:15 pm the illumination ceremony will take place; and Whereas: There is a $50 fee for the motorcade permit, and as this is a low-budget city-run event, the organizers would appreciate waiver of the fee. Now therefore be it resolved that This Common Council recognizes the benefits of our annual Olmsted Winterfest, and hereby waives any and all fees for the Motorcade; and requests that the Police Department's Traffic Bureau issue the required permit. PASSED. AYES-12. NOES-0. NO. 218 By: Mr. Fontana MAINTENANCE OF SOUTH OGDEN- DINGENS BRIDGE, BAILEY AVENUE BRIDGES. Whereas: The bridge at South Ogden Street approaching Dingens Street, which is located over the 1-190, the bridges on Bailey between Lovejoy and Broadway, Broadway and Walden Ave., are maintained by the New York State Department of Transportation: and; Whereas: These bridges are well traveled by pedestrians who live nearby and walk to the nearest shopping facilities and; Whereas: In the summer months the walkways over the bridges are extremely dirty with debris ( broken glass, tires) and dirt accumulating to the point that mothers are unable to walk their children with strollers; and; Whereas: In the winter months the walkways are not shoveled and the snow makes walking almost impassable; Now, Therefore, Be It Resolved: That the New York State Department of Transportation report to the Common Council on what steps will be taken to properly maintain these bridges; and; Be It Further Resolved: That the New York State Department of Transportation explain what maintenance will be done on all bridges that they maintain in the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE, NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION', NO. 219 By: Mr. Fontana CAUTION LIGHT AT THE INTERSECTION OF WILLIAM STREET AND DAVEY STREET. Whereas: There have been many complaints about the dangerous traffic condition at the comer of William Street and Davey Street; and: Whereas: The intersection of William Street and Davey Street is hazardous because of the curve in the road, and the lack of a traffic signal; and: Whereas: There have been numerous fatal accidents at this Page 77 98-0120.txt intersection'. Now, Therefore, Be It Resolved: That the Common Council requests that the Department of Public Works conducts a traffic study of the intersection at William and Davey Streets to determine the necessity for a caution light; and: Be It Further Resolved: That the results of this study be filed with the Common Council as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS. NO. 220 By: Mr. Franczyk: BOND RESOLUTION $300,000 BONDS RECONS, POLONIA HALL COMMUNITY CENTER BLDG. ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Polonia Hall Community Center Building located at 385 Paderewski Road, in the City, at the estimated maximum cost of $300,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Thousand Dollars ($300,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Polonia Hall Community Center Building located at 385 Paderewski Road, in the City, including handicapped access improvements, window replacement, fire alarm system, and heating system renovations. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1997-98, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction Community Centers, Various, 1997-98", Bond Authorization Account No. 200-402, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $300,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Page 78 98-0120.txt Section 4. The following additional matters are hereby determined and stated: (a)The existing building to be partially reconstructed is of Class "B" construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not 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: January 20, 1998 LAID ON THE TABLE. NO. 221 By: Mr. Franczyk: BOND RESOLUTION $30,000 BONDS RECONS CRUCIAL COMMUNITY CENTER BLDG. ACCOUNT 200402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $30,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Crucial Comm-unity Center Building located at 1609 Genesee Street, in the City, at the estimated maximum cost of $30,000. 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 Page 79 98-0120.txt 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 Thirty Thousand Dollars ($30,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Crucial Community Center Building located at 1609 Genesee Street, in the City, including window replacement and floor restoration. 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 $30,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1997-98, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction Community Centers, Various, 1997-98", Bond Authorization Account No. 200402, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $30,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a)The existing building to be partially reconstructed is of Class "B" construction as defined by Section 1 1.00 a. II. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section I 1. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (1 5) years. (b)Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment Of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Page 80 98-0120.txt Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if. (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: January 20, 1998 LAID ON THE TABLE. NO. 222 By: Mr. Franczyk TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF BUILDINGS That pursuant to section 42 of the Charter and the Certificate of the Mayor and tile Comptroller submitted to the Common Council, the sum of $37,375 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 $37,375 To: 81-8 Interfund Transfers 010-Transfer to Capital Projects Fund $37,375 From: 81-8 Interfund Transfers 010-Transfer to Capital Projects Fund $37,375 TO: 201 Capital Project Fund 402 - Division of Buildings 005 - City Hall Masonry Reconstruction $37,375 PASSED. AYES-12. NOES-0. NO. 223 By: Mr. Franczyk TRANSFER OF FUNDS-DIVISION 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 $4,935.01 be and the same is hereby transferred within the Division of Buildings Capital Improvements Account and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 40 - Department of Public Works 2 - Division of Buildings 501 - Reconstruction of Kleinhans Music Hall $4,935.01 To: 200 Capital Projects Fund Page 81 98-0120.txt 40 - Department of Public Works 2 - Division of Buildings 528 - Reconstruction of Kleinhans Music Hall $4,935.01 PASSED. AYES-12. NOES-0. NO. 224 By: Mr. Franczyk TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS That pursuant to section 42 of the Charter and the Certificate of tile Mayor and the Comptroller submitted to the Common Council, the sum of $3,650 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: 201 Capital Projects Fund 7 17 - Department Of Community Development 003- Renovation of Citywide Playgrounds and Parks $3,650 To: 100 Capital Projects Fund 402 - Division of Buildings 063, - Reconstruction swimming & Diving Pools (Connors-Kait-Harrity Pool - Cazenovia Park) $3,650 PASSED. AYES-12. NOES-0. NO. 225 By: Mr. Franczyk TRANSFER OF FUNDS CAPITAL PROJECTS - DIVISION OF PARKS CAPITAL PROJECTS FUND - DIVISION OF BUILDINGS That pursuant to section 421 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Sum Of $1157.09 be and the same Is hereby transferred from the Capital Projects Fund in the old Division of Parks and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects 601 - Division of Parks (old designation) 039 - South District Parks$1157.09 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction Swimming, & Diving Pools $1157.09 (Connors-Kait-Harrity Pool - Cazenovia Park) PASSED. AYES-12. NOES-0. NO. 226 By: Mr. Franczyk CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 1997-98 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 1997-98 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects Page 82 98-0120.txt 402 Division of Buildings Main - Tupper Police Precinct$2,500,000 REFERRED TO THE COMMITTEE ON FINANCE NO. 227 By: Mr. Franczyk INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS - BOARD OF EDUCATION 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 - Board of Education be and the same hereby is increased in the sum of $1,000,000. FROM: That the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 100 - General Fund 810 - General City Revenue 403 - State Aid 85520 - State Revenue Sharing $1,000,000 TO: 100 General Fund 97-0 - Board of Education Operation and Maintenance $1,000,000 PASSED. AYES-12. NOES-0. NO 228 By: Mr. Franczyk INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS - BOARD OF EDUCATION 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 - Board of Education be and the same hereby is increased in the Sum of $1,000,000 and that the comptroller be and hereby is authorized and directed to transfer the sum of $1,000,000 from the Unreserved Fund Balance 100-890-060 to meet this increased appropriation as set forth below: FROM: 100-890-060 - General Fund - Unreserved Fund Balance $1,000,000 TO: 100 General Fund 97-0 - Board of Education Operation and Maintenance. $1,000,000 REFERRED TO THE COMMITTEE ON EDUCATION NO. 229 By: Mr. Franczyk DENY SALARY INCREASE FOR CERTAIN EXEMPT EMPLOYEES Whereas: The police arbitration award covering the period July 1, 1996 through June 30, 1998 calls for pay raises of 3.5 percent on July 1, 1996 and 3.5 percent on July 1, 1997; and Whereas: Under Section 453(a) of the City Charter exempt employees of the police department would receive these raises as well except as provided by resolution of the Page 83 98-0120.txt Common Council; and Whereas: The Mayor has requested this Council to provided pay raises for the exempt employees in the police department in-line with pay raises received by other exempt employees in the administration pursuant to the Local 650 contract settlement which provided a zero percent pay increase in one year of the three year contract; Now, Therefore Be It Resolved: That the base salaries of exempt personnel in the Department of Police, except for the Secretary to the Police Commissioner, be increased by zero percent on July 1, 1996 and by 3 percent on July 1, 1997, as requested by the Mayor. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 230 By: Mr. Franczyk REBUILD LARKIN BUILDING AS CONVENTION CENTER WHEREAS: The current convention center is obsolete and the Buffalo community needs to move forward with all speed and determination to build a larger, more competitive convention center; and, WHEREAS: The Johnson Consulting company informed the Buffalo Convention Center Corp., the Common Council, other elected leaders and the public that a new convention center is vital to the economy and growth of the area; and, WHEREAS: In order to overcome a poor national image and attract a large convention and tourist draw, Buffalo needs a "Big Concept" idea to stand out from other comparable cities and markets; and, WHEREAS: A routine convention center regardless of ultimate location will not appreciably attract larger national or international interest; and, WHEREAS: Structures such as the long-vacant New York Central Terminal could provide a unique draw as a convention center, but lacking wide-spread support for this site, the other alternative is to draw on Buffalo's unparalleled architectural heritage in new construction; and, WHEREAS: The former Larkin Administration Building in Buffalo is recognized world-wide as one of Frank Lloyd Wrights' important architectural masterpieces, but it was tom down in 1950, an era which had little appreciation for great buildings; and, WHEREAS: Buffalo still has a rich history of Wright architecture, which attracts fanatical interest by tens of thousands of world-wide devotees ; and, WHEREAS: Millions of tourists visit Wright properties nation- wide; and, WHEREAS: To build a new convention center in Buffalo reproducing the Frank Lloyd Wright Larkin Administration Building would no doubt attract keen world-wide interest, helping to promote visits to the still-standing original Wright structures in Buffalo. The $96-million projected for a new convention center would appear to be adequate to reproduce the sleek, modem Wright design, considered a harbinger of a new architectural era; and, WHEREAS: Rebuilding the Larkin Building as the new convention center could provide the "magic bullet" needed to give a positive spin to Buffalo as a Phoenix-city undoing the damage of the past by restoring and promoting its amazing architectural legacy; and, WHEREAS: Some of America's greatest 19th and 20th century architectural movements imitated the buildings of Page 84 98-0120.txt antiquity, which could blunt criticism that a new Lark building may be seen as mawkish nostalgia. NOW THEREFORE BE IT RESOLVED: That this Common Council supports the building of a new convention center in conjunction with the celebration of the 100th Anniversary of the Pan American Exposition in a style replicating the Frank Lloyd Write Lark Administration building; and, BE IT FINALLY RESOLVED: That the Erie County Executive and Legislature, the Mayor, Buffalo Convention & Visitors Bureau, Buffalo Convention Center Corporation and all interested parties be invited to comment on designing a new convention center as a replica of the Larkin Administration building. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, MAYOR, ERIE COUNTY EXECUTIVE, ERIE COUNTY LEGISLATURE, AND CONVENTION CENTER MANAGEMENT CORPORATION. NO. 231 By: Ms. Gray SALARY ORDINANCE AMENDMENT 50 - 0 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION - 021 PARKS ADMINISTRATION The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50 -0 - Department of Human Services, Parks & Recreation, 021- Division of Parks Administration is hereby amended by adding: 1Senior Deputy Commissioner of Human Services, Parks & Recreation / Human Services $58,301 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 APPROVED AS TO FORM Michael B. Risman Acting Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 232 By: Ms. Gray CHANGE NAME OF MICHIGAN AVENUE TO HARRIET TUBMAN WAY Whereas: A proposal has been presented to the Common Council requesting the renaming of the entire length of Michigan Avenue to Harriet Tubman Way, which will nationally identify the area as part of the route of the Underground Railroad; and Whereas: Local community groups have worked hard and Page 85 98-0120.txt diligently in marking documented sites of the Underground Railroad experience; Now, Therefore, Be It Resolved: That the City Clerk be requested to publish a notice of a public hearing to change the name of Michigan Avenue to Harriet Tubman Way, according to Chapter 286 of the Buffalo Code, "Naming of Streets, Parks and Public Buildings. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, COMMISSIONER OF POLICE, COMMISSIONER OF FIRE AND CORPORATION COUNSEL. NO. 233 By: Ms. Gray SALARY ORDINANCE AMENDMENT 20-1 DEPARTMENT OF POLICE The Common Council of the City of Buffalo does ordain Is follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-1 Department of Police, under the various subheadings relating to positions listed below is hereby, amended as follows: NOTE:Old salaries are in brackets 20 - DEPARTMENT OF POLICE 1 -POLICE ADMINISTRATION 001-OFFICE OF THE POLICE COMMISSIONER 2 Police Inspector(62,745)64,941 6 Police Captain (57,021) 59,016 12 Police Lieutenant (49,769) 51,511 DETAIL OF DETECTIVE - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE AS FOLLOWS: 4 DETECTIVE AT THE RATE OF ($44,554) $46,114 PER ANNUM 18 Police Officer (31,792) -(42,984) 32,905 44,488 011 - DETECTIVE BUREAU 1 Police Inspector (62,745) 64.941 DETAIL OF CHIEF OF DETECTIVES - ONE POLICE INSPECTOR MAY BE DETAILED, BY THE COMMISSIONER OF POLICE, AS CHIEF OF DETECTIVES AT THE ANNUAL RATE OF COMPENSATION OF($62,745) $64,941. SUCH ASSIGNMENT MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. 3 Police Captain (57,021) 59,016 13 Police Lieutenant (49,769) 51,511 DETAIL OF CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT AND DETECTIVE. - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT, OR DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE Page 86 98-0120.txt MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 1 CHIEF OF HOMICIDE AT THE RATE OF ($57,021) $59,016 PER ANNUM 6 ASSISTANT CHIEF OF DETECTIVES AT THE RATE OF($53,282) $55,146 PER ANNUM 8 DETECTIVE SERGEANTS AT THE RATE OF ($46,600) $48,231 PER ANNUM 78 DETECTIVE AT THE RATE OF ($44,554) $46,114 PER ANNUM 3 Police Photographer/Evidence Technician (46.600) 48,231 3 Police Photographer (46,084) 47,697 (This position to be eliminated upon appointment of Police Photographer/Evidence Technician) 87 Police Officer (31,792) - (42,984) 32,905-44,488 EFFECTIVE DATE 711/96 012 - PATROL SERVICES 5 Police Inspector (62,745)64,941 15 Police Captain (57,021) 59,016 68 Police Lieutenant (49,769) 51,511 DETAIL OF DETECTIVE SERGEANT AND DETECTIVE - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE SERGEANT OR DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 7 DETECTIVE SERGEANTS AT THE RATE OF ($46,600) $48,231 PER ANNUM 31 DETECTIVE AT THE RATE OF ($44,554) $46,114 PER ANNUM 626 Police Officer (31,792) - (42,984) 32,90544,488 013-TRAFFIC SERVICES 1 Police Captain (57,021) 59.016 4 Police Lieutenant (49,769) 51,511 43 Police Officer (31,792) - (42,984) 32,905 - 44,488 021 -ADMINISTRATION & COMMUNICATIONS 1 Police Inspector (62,745) 64,941 1 Police Captain (57,021) 59,016 13 Police Lieutenant (49,769) 51,511 DETAIL OF ASSISTANT POLICE DISPATCHER - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS ASSISTANT POLICE DISPATCHER AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 5 ASSISTANT POLICE DISPATCHER AT THE RATE OF($46,084) $47,697 Page 87 98-0120.txt 14 Police Officer (31,792) - (42,984) 32,905-44,488 This ordinance shall be effective retroactive to July 1, 1996. We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo hereby certify that considering the determination of the public arbitration panel and contingent upon prior of concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel 20 - DEPARTMENT OF POLICE 1 -POLICE ADMINISTRATION 001-OFFICE OF THE POLICE COMMISSIONER 1 Commissioner of Police (86,135) 88,719 3 Deputy Commissioner of Police (75,218) 77,475 3 Chief (69,000) 71,070 2 Police Inspector (64,941) 67,214 6Police Captain (59,016) 61,082 12 Police Lieutenant (51,511) 53.314 DETAIL OF DETECTIVE - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE AS FOLLOWS: 4 DETECTIVE AT THE RATE OF ($46,114) $47,728 PER ANNUM 18 Police Officer (32,905) - (44,488) 34,057- 46,045 011 - DETECTIVE BUREAU 1 Police Inspector (64,941) 67,214 DETAIL OF CHIEF OF DETECTIVES - ONE POLICE INSPECTOR MAY BE DETAILED, BY THE COMMISSIONER OF POLICE, AS CHIEF OF DETECTIVES AT THE ANNUAL RATE OF COMPENSATION OF($64,941) $67,214. SUCH ASSIGNMENT MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. 3Police Captain (59,016) 61,082 13 Police Lieutenant (51,511) 53.314 DETAIL OF CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT AND DETECTIVE. - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT, OR DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION Page 88 98-0120.txt PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 1 CHIEF OF HOMICIDE AT THE RATE OF ($59,016) $61,082 PER ANNUM 6 ASSISTANT CHIEF OF DETECTIVES AT THE RATE OF($55,146) $57,076 PER ANNUM 8 DETECTIVE SERGEANTS AT THE RATE OF($48,231) $49,919 PER ANNUM 78 DETECTIVE AT THE RATE OF ($46.114) $47,728 PER ANNUM 3 Police Photographer / Evidence Technician (48,231) 49,919 3 Police Photographer (47,697)49.366 (This position to be eliminated upon appointment of Police Photographer/Evidence Technician) 87 Police Officer (32,905) - (44,488) 34,057 - 46.045 012 - PATROL SERVICES 5 Police Inspector (64,941) 67,214 15Police Captain (59,016) 61,082 68 Police Lieutenant (51,511) 53,314 DETAIL OF DETECTIVE SERGEANT AND DETECTIVE - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE SERGEANT OR DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 7 DETECTIVE SERGEANTS AT THE RATE OF($48,231) $49,919 PER ANNUM 31 DETECTIVE AT THE RATE OF ($46,114) $47,728 PER ANNUM 626 Police Officer (32,905) - (44,488) 34,057-46,045 013-TRAFFIC SERVICES 1 Police Captain (59,016) 61,082 4 Police Lieutenant (51,511) 53,314 43 Police Officer (32,905) - (44,488) 34,057-46,045 -ADMINISTRATION & COMMUNICATIONS 1 Police Inspector(64.941) 67,214 1 Police Captain (59,016) 61,082 13 Police Lieutenant (51,511) 53,314 DETAIL OF ASSISTANT POLICE DISPATCHER - ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS ASSISTANT POLICE DISPATCHER AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 5 ASSISTANT POLICE DISPATCHER AT THE RATE OF($47,697) $49,366 14 Police Officer (32,905) - (44,488) 34,057 - 46,045 This ordinance shall be effective retroactive to July 1, 1997. We, R. Gil Kerlikowske, Commissioner of Police and Page 89 98-0120.txt James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo hereby certify that considering the determination of the public arbitration panel and contingent upon prior of concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 234 By: Ms. Gray SALARY ORDINANCE AMENDMENT SECTION 35-9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "C" The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of Section 35-9 of Chapter 35 of the Ordinances of the City of Buffalo, relating to Salary and Wage Schedule "C", Local P.B.A., is hereby amended to read as follows: (See attached Schedule "C") and That this ordinance shall take effect as per the respective dates on the attached schedules APPROVED AS TO FORM Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 235 By: Messrs. Helfer, Zuchlewski, Franczyk, Quintana, and Fontana SUPPORT NEW YORK STATE CHARTER SCHOOL LEGISLATION Whereas:In the mid-1980s, educators in California began debating the idea of freeing teachers to create their own public schools; these debates proved to be the seeds of the charter school movement; and Whereas:Minnesota passed the nation's first charter school law in 1991 authorizing schools to operate essentially free from most state regulations. The first charter school opened its doors in St. Paul, Minnesota, in September, 1992; and Whereas:Since that time, 29 states, as well as the District of Columbia and Puerto Rico, have passed charter school laws. There are currently more than 800 charter schools operating throughout the United States; this response is significant given the fact that the first charter school law was enacted just seven years ago; and Whereas:New York State Governor George E. Pataki proposed charter school legislation to the New York State Legislature during its 1997-1998 session; this legislation is currently before the education committees of both the State Senate and Assembly; and Whereas:Under Governor Pataki's proposed legislation, chartering entities would include the Board of Page 90 98-0120.txt Education of a school district, the Board of Trustees of a constituent institution of the State University of New York or the City University of New York, the New York State Board of Regents, or the State Commission on Charter schools; and Whereas:Parents, teachers, and/or community members, in conjunction with museums, educational institutions, universities, corporations, not-for-profit organizations, and for-profit entities may cooperate to apply to one of the chartering entities for permission to open a charter school; and Whereas:In the charter school environment, a charter is often a legal document granting permission to a group or individual to operate a public school; and Whereas:Charter organizers must submit a proposal with a clearly defined mission and goals, a solid administrative and financial structure, a comprehensive curricular plan, and an assessment plan to measure results, to one or more of the state's chartering entities; and Whereas:Once the chartering entity approves the charter, the chartering entity then has the responsibility of monitoring the charter school's progress to ensure it meets its achievement goals; and Whereas:Charter schools are accountable. A school can lose its charter at any time for violations of its charter or the law, or if the school is not performing as promised; and Whereas:A charter's achievement standards are set as equal to, or more often, above the state's average student achievement level. A charter school may also set additional achievement goals such as reducing dropout rates; at the core of every charter school proposal is the premise that, in exchange for a waiver of most state education regulations, the school will show at least satisfactory achievement by its students; and Whereas:Charter schools are public, nonsectarian schools; they are effective, creative, flexible, and responsive to the needs of both students and parents. They must abide by all health, safety, and civil rights laws; and Whereas:Charter schools may not discriminate based on gender, age, race, disability, intellectual ability, achievement, aptitude, athletic ability, national origin, religion, ancestry, ethnicity, or district; and Whereas:Any child who is qualified under New York State law for admission to a public school is qualified for admission to a charter school; in addition, charter schools cannot charge tuition; and Whereas:Charter schools are autonomous; they create competition with schools run by the local district, and they offer students, educators, and parents the opportunity to work together to further educational goals; and Whereas:The decreased bureaucracy affords everyone involved with charter schools increased flexibility to make educational innovations, including the possibility of extending both the school day and the school year and increasing community and parental involvement; and Whereas:In February, 1997, the Buffalo Common Council adopted a resolution which requested that the Greater Buffalo Partnership conduct an analysis of charter schools, and report its findings and recommendations to this Honorable Body; and Whereas:In its report back to the Common Council, the Greater Buffalo Partnership Analysis Team Page 91 98-0120.txt referred to charter schools as "an attempt to encourage reform and innovation in the educational system" and as schools that "agree to meet specific achievement goals in education in exchange for the freedom to choose how to meet these goals;" and Whereas:In his 1997 State of the Union Address, President Clinton vowed to expand the number of charter schools to 3,000 by the year 2000. He said, "We should also make it possible for more parents and teachers to start charter schools, schools that set and meet the highest standards, and exist only as long they do;" and Whereas:President Clinton also stated, "I believe in charter schools and I believe that they are an important part of helping us to lift our standards, renew our schools, and achieve the kind of educational excellence that all of our children need for the 21st century;" Now, Therefore Be It Resolved: That the Buffalo Common Council supports Governor George E. Pataki's legislation regarding charter schools and asks that the New York State Legislature approve this legislation; and Be It Further Resolved: If the proposed legislation is not approved during this legislative session, this Honorable Body requests that, at a minimum, the New York State Legislature grant permission for Buffalo, New York to undertake a pilot charter school program; and Be It Finally Resolved: That certified copies of this resolution be forwarded to Governor George E. Pataki, Speaker of the Assembly Sheldon Silver, Senate Temporary President and Majority Leader Joseph Bruno, the members of the Western New York delegation of both the Senate and Assembly, the members of the New York State Board of Regents, the State University of New York at Buffalo Board of Trustees, the Buffalo State College Board of Trustees, the Board of Trustees of Erie Community College, and the Buffalo Board of Education. REFERRED TO THE COMMITTEE ON EDUCATION NO. 236 By: Messrs. Helfer and Zuchlewski AMEND TAYLOR LAW Whereas:Although the Buffalo Common Council is the final arbiter in most of the City of Buffalo's municipal arbitration, the City's public safety unions generally operate under the umbrella of binding arbitration; and Whereas:Binding arbitration means that if the City Administration and the union in question cannot agree, an independent arbitrator settles the disagreement by issuing a judgment by which all parties are bound; and Whereas:The ramifications of binding arbitration are enormous; in effect, a person whom the citizens of the City of Buffalo did not elect determines a major portion of the City's budget and leaves the City Administration and the Common Council with no recourse; and Whereas:Binding arbitration amounts to an unfunded mandate which becomes especially problematic when the City of Buffalo is experiencing financial difficulties; the City's fiscal woes are exacerbated when it is forced to fund an arbitration ruling which it can ill afford; and Whereas:It is frustrating for many City officials that the municipality's ability to pay is not sufficiently Page 92 98-0120.txt factored into the arbitrator's decision; and Whereas:In his 1997 Budget proposal, Governor Pataki urged that a city's ability to pay be the primary factor weighed by arbitrators when considering negotiations; unfortunately for Buffalo and other cities, this change was never implemented; and Whereas:The result is that the City of Buffalo faces a $16 million budget gap in the 1998-1999 fiscal year; this gap is reported to be largely due to rulings made during binding arbitration in December, 1997; Now, Therefore, Be It Resolved: That this Common Council memorializes the New York State Legislature to introduce legislation which would alter the Taylor Law to make the legislative body of a given municipality the final arbiter of all municipal arbitration within that particular municipality; and Be It Further Resolved: That, if the aforementioned change is not made to the Taylor Law, this Honorable Body requests that the Taylor Law be amended to make ability to pay the primary factor weighed by arbitrators when considering negotiations; and Be It Further Resolved: That this Honorable Body requests that the New York State Legislature allow binding arbitration to end when the sunset clause is available on June 30, 1999; and Be It Finally Resolved: That the City Clerk be directed to forward certified copies of this resolution to the members of the Western New York delegation of the New York State Legislature as well as the secretary of the New York State Senate and the Clerk of the New York State Legislature. Mrs. LoTempio moved that the above item be approved. Seconded by Mr. Zuchlewski LOST AYES - FRANCZYK, HELFER, LOTEMPIO, ZUCHLEWSKI - 4 NOES - BROWN, COPPOLA, FONTANA, GRAY, KAVANAUGH, MANLEY, PITTS, WILLIAMS, ZUCHLEWSKI - 8 NO. 237 BY: Ms. LoTempio, Messrs. Brown and Fontana NYS ECONOMIC DEVELOPMENT ZONE REVISION TO BOUNDARY DESCRIPTION WHEREAS, Local Law No. 5 (1994), adding section 281 of article 14 of the charter of the City of Buffalo in relation to establishing an economic development zone, was signed by Anthony M. Masiello, Mayor of the City of Buffalo; and WHEREAS, the Local Law was riled with the Secretary of State on February 28, 1994, and then verified by the Mayor on March 2, 1994; and WHEREAS, subpart 2 of aforesaid Local Law defined the boundaries of the areas to BE designated an Economic Development Zone; and WHEREAS, on July 27,1994, the City of Buffalo was awarded a New York State Economic Development Zone designation; and WHEREAS, publicly owned facilities located within the zone, such as public parks and public schools, are not eligible to receive the benefits offered by the zone designation. NOW, THEREFORE, be it resolved: 1.That the City of Buffalo request a boundary revision from the New York State Department of Economic Page 93 98-0120.txt Development to: A.The City would like to add a total of 476.16 Acres of land to the Economic Development Zone. (See attached Map) William Gaiter Parkway30.0 Acres Buffalo China 25.04 Graphic Control 32.77 South Buffalo 144.54 Wicker Lumber 5.39 Worthington, John Bellanti, Battanfeld 52.66 Laub Warehouse 4.90 700 Michigan 1.5 Cobblestone District 22.73 Main Street 61.00 Hyman-Precision Molding-Dynamic Saw 2.99 Globe International, Niagara Food Term. 21.57 Your Father's Mustache 1.62 Hubbard and Virginia Holding11.56 TCI Building and Tri-Main 4.33 Central Park and Kaufman's 23.56 Great Lakes 23.62 B.The City would like to delete a total of 483.43.1 Acres of parks, schools, public buildings, and residential properties from the Economic Development Zones. (Please see attached deletions). 2. That, if the boundary revision is approved by the New York State Department of Economic Development, that Subpart 2 of Section 281, Article 14 of the Charter of the City of Buffalo be hereby amended as follows: (See Original on File in City Clerk Office) Mrs. LoTempio moved That a hearing on this matter be set for February 3, 1998, and That the above item be, and the same hereby is, referred to the Committee on Community Development. ADOPTED. NO. 238 By: Ms. LoTempio, Messrs. Pitts and Coppola and Mrs. Williams SALE OF HILTON HOTEL WHEREAS, the Hilton Hotel is in the process of being sold to Adam's Rib Ranch Corporation and Kummer Development Corporation, and WHEREAS, there exists a forty (40) year lease dated June 1, 1983 between the City of Buffalo and Buffalo Hotel Development Venture, L.P. for the parking garage next to the Hilton Hotel, and WHEREAS, the parties to the sale of the hotel wish to assign the lease to the new owner and seeking the consent of the City of Buffalo to do so, and WHEREAS, various documents need to be executed by the City of Buffalo to enable the sale to be completed and to effectuate the assignment of the parking garage lease, and WHEREAS. the new owner is willing to provide a corporate guarantee of the lease and has submitted financial statements showing their ability to perform under the lease, and WHEREAS, the new owners has expressed their intention to make a substantial investment in improvements to the property, and WHEREAS, it is anticipated the investment will Page 94 98-0120.txt significantly benefit the economy of downtown Buffalo, it is hereby RESOLVED, that the City of Buffalo consents to the assignment of the parking garage lease dated June 1, 1983 from Buffalo Hotel Development Venture, L.P. to Adam's Rib Ranch Corporation and Kurmmer Development Corporation as well as a subsequent sublease to Seven Soventeen H.B. Buffalo Corporation, and it is further RESOLVED. that the City of Buffalo consents to a release of the prior guarantor of the lease, Buffalo Hotel Development Venture,. L.P. and L.N.C. Development Corporation, and the substitution of a new guarantor on the lease, and it is further RESOLVED, that the Mayor is authorized to execute all documents necessary for the closing of the transaction subject to the review and approval of the Corporation Counsel. PASSED. AYES-12 NOES-0 NO. 239 By: Mrs. LoTempio, Mssrs. Zuchlewski and Pitts SET FEBRUARY 6, 1998 AS STAR PROGRAM FILING DEADLINE Whereas:Governor Pataki has recently signed legislation passed by the New York State Legislature that extends the School Tax Relief (STAR) exemption filing deadline for eligible senior citizens; and Whereas:The STAR Extension Bill sets a default deadline of March 2nd, 1998 but allows local governments to set an earlier deadline to avoid conflicts with local assessment procedures; and Whereas:Inasmuch as Buffalo's Final Assessment Roll needs to be completed by March 1 A for the budget planning process of both the City and the Buffalo Sewer Authority, it is important that all STAR applications are received in time to be processed and integrated with the calculations that must be completed before March 1st; and Whereas:February 5th is the earliest deadline allowed in the legislation, and the Department of Assessment has requested that the Council adopt a resolution setting a February 6th deadline to allow a timely completion of the Final Assessment Roll; and Whereas:Although there was a great demand for the first Council-initiated extension of December 15th, 1997 the Department of Assessment has reported that there have been only "some inquiries and additional applications" in recent weeks, implying that an extension to February 6th would be adequate to meet the needs of eligible senior citizens; and Whereas:In addition, the State legislation requires local governing bodies to establish a date or dates on which the board of Assessment Review "shall convene for the sole purpose of hearing complaints on any denials of STAR applications filed pursuant to this act", and further requires the setting of "a date by which the Board of Assessment Review shall determine such complaints and notify the Assessor of its determinations"; Now, Therefore, Be It Resolved That: This Common Council, under authority granted by the State of New York in Chapter 6 of the Laws of 1998, hereby adopts Friday, February 6th, 1998 as the deadline for eligible senior citizens to file the School Tax Relief (STAR) Page 95 98-0120.txt exemption in the City of Buffalo; and Be It Further Resolved That: This Common Council, under authority granted by the State of New York in Chapter 6 of the Laws of 1998, hereby sets February 9-11, 1998 as the dates that the Board of Assessment Review shall convene for the sole purpose of hearing complaints on any denials of STAR applications filed pursuant to Chapter 6, and sets February 18th, 1998 as the date by which the Board of Assessment Review shall determine such complaints and notify the Assessor of its determination. PASSED AYES-12 NOES-0 NO. 240 By: Mrs. LoTempio MR. QUINTANA EXCUSED FROM JANUARY 20, 1998 COUNCIL MEETING Now, Therefore, Be It Resolved: That Councilmember Robert Quintana be excused from attendance at the stated Common Council meeting of January 20, 1998. ADOPTED NO. 241 By: Mr. Quintana MINIMUM COST OF PROJECTS REQUIRING A BUILDING PERMIT Whereas:Item # C.C.P. April 16,1996 "Ord. Amend. Ch. 175 - Building Permit Fees" raised the minimum cost of projects requiring a building permit from $500 to $750; and Whereas:The Council took this action to reflect the impact of inflation and to lighten the burden on city residents undertaking minor repairs to their homes; and Whereas:However, the text of Section 103 - 2 of the ordinances still states that "no permit shall be necessary where the cost of repairs does not exceed five hundred dollars ($500)" and the Department of Community Development continues to use forms which reflect a $500 minimum; and Whereas:This contradiction makes the City of Buffalo look foolish and can cause confusion and consternation among Buffalo's homeowners and contractors; Now, Therefore, Be It Resolved That: This Council requests the Corporation Counsel to prepare and file an ordinance amendment to cure the current discrepancy in the ordinances regarding the minimum cost of work requiring a building permit; and Be It Further Resolved That: This Council requests the Department of Community Development to ensure that all forms and procedures reflect the $750 minimum for building permits, and to file a copy of any new forms that are developed to cure this problem. ADOPTED NO. 242 By: Mr. Quintana LIGHTS FOR GENERAL DANIEL BIDWELL MONUMENT ON COLONIAL CIRCLE Whereas:General Daniel Davidson Bidwell was Buffalo's senior officer in the Civil War. General Bidwell Page 96 98-0120.txt made the supreme sacrifice for his country at the Battle of Cedar Creek on October 19,1864, where he was killed while leading his troops in battle; and Whereas:In 1952 a monument honoring General Bidwell was dedicated on Colonial Circle at the end of Bidwell Parkway. Both the Circle and Parkway are part of the Olmstead Park System; and Whereas:Recently, the monument has been restored to its original beauty and rededicated. The Circle has also been landscaped and entered in the "Buffalo in Bloom" contest; and Whereas:At one time the area around the monument was adorned by lights which added to the beauty of the circle during the nighttime hours. Now, therefore be it resolved: That the Buffalo Common Council requests that the lighting be restored to the area encompassing the General Daniel Davidson Bidwell Monument; and Be it further resolved: That the Superintendent of Street Lighting, Buffalo Arts Commission, and the Olmstead Parks Conservancy be sent copies of this resolution for their response and recommendation. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS AND BUFFALO ARTS COMMISSION. NO. 243 By: Mr. Quintana REQUEST PUBLIC HEARING ON POLICE USE OF FORCE AND ALLEGED MISCONDUCT Whereas:Numerous requests filed with the Common Council urge the City of Buffalo to hold a public hearing on police use of force and police misconduct; and Whereas:Several items currently in the Police Oversight Committee are in reference to issues such as excessive use of pepper spray and alleged police brutality; and Whereas:It would be in the best interest of the City, the Buffalo Police Department and the community, if a public hearing was held to address the issues and the public concerns; and Whereas:A public hearing on police use of force and police misconduct would provide a forum by which the public may be heard and information/complaints be made a part of the record. Now, Therefore, Be It Resolved: That this Honorable Body shall conduct a public hearing on this matter on Tuesday, January 27, 1998, at 6:00 p.m. in the Council Chambers; and Be it Further Resolved: That the City Clerk is hereby directed to publish a "Notice of Public Hearing" in the Buffalo News, no later than Friday, January 23, 1998; and Be It Finally Resolved: That this Honorable Body encourages the public to attend this hearing to express their concerns relative to issues on police use of force and alleged misconduct. ADOPTED NO. 244 By: Mr. Quintana Page 97 98-0120.txt VISITOR DIRECTIONAL SIGNS Whereas:In October of 1997, the Department of Community Development asked Councilmembers to submit a list of four locations within their respective Council district where informational, directional visitor signs could be posted; and Whereas In an effort to increase the visibility of our City's treasures, Buffalo Place, Inc. presented the Department of Community Development with this project; and Whereas:The Department of Community Development amicably approached each Councilmember for their suggestions; an applaudable collaborative effort; and Whereas:Most Councilmembers responded positively to this endeavor and supplied the Department with the information necessary to carry out this seemingly simple project; and Whereas:The signs have been sitting in Community Development since October; it is most puzzling that these signs have not yet been posted in the four designated locales of each Council District; Now, Therefore Be It Resolved: That the Department of Community Development report to this Honorable Body the status of the Visitor Directional Sign project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 245 By: Mrs. Miller-Williams INVESTIGATE STREET SANITATION TRUCKS DAMAGING PRIVATE PROPERTY Whereas:Ms. Carrone Crump, a resident at 41 Milnor Street expressed concerns related to ongoing property damage and loud noise resulting from Street Sanitation trucks; and Whereas:Approximately three months ago the Department of Street Sanitation began to park their trucks and haulers in a parking lot on Milnor Street adjacent to Ms. Crump's place of residence; and Whereas:Extensive fumes, loud noise, and reckless driving patterns continues to be a nuisance for area residents, additionally, this practice is a safety hazard for area children and youth; and Whereas:Due to the carelessness of the drivers, the Street Sanitation trucks have severely damaged the front lawn at 41 Milnor Street drawing immeasurable amounts of criticism from area residents and property owners; and Whereas:The Commissioner of Street Sanitation should examine this problem and remove the trucks from the lot on Milnor Street; Now, Therefore, Be It Resolved: That the Common Council requests the Commissioner of Street Sanitation to remove the trucks and haulers on Milnor Street, and, until the designation of an alternate site, devise safety and precautionary strategies to keep vehicles off of private property and sidewalks; and Be it Finally Resolved: That the Commissioner of Community Development and the Law Department determine if it is legal for the Department of Street Sanitation to park/store trucks in a Page 98 98-0120.txt residential neighborhood directly adjacent to residential houses, according to current zoning laws and the City Code. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER OF STREETS SANITATION. NO. 246 By: Mrs. Miller-Williams, Brown PLANNED MERGER OF BUFFALO'S THREE MAJOR HOSPITALS - BUFFALO GENERAL, CHILDREN'S AND MILLARD-FILLMORE HOSPITAL Whereas:Buffalo General, Millard-Fillmore and Children's Hospital, Buffalo's three largest hospitals have planned to merge in 1998, consolidating their administrative and work structure. This new structure will be named CGF Health System; and, Whereas:Concerns have been expressed by residents, long time hospital employees, union stewards, community based groups and individuals that minimal effort has been made at seeking input from the community at large and particularly employees of the aforementioned hospitals; and, Whereas:Hospital employees at a public forum hosted by the Black Leadership Forum, gave testimony regarding the minimal information that they have received of the merger; and, Whereas:In anticipation of the merger, fall-time Hospital employees are being reduced to part-time positions, without benefits, retraining or transition for possible new employment; and, Whereas:Hospital officials have estimated a loss of 460 full-time jobs over five years as a result of the merger; and, Whereas:The Black Leadership Forum feels there has been a lack of input from the community at large in the decision making process affecting the employment, economic development and the diversity of staff of this merger. NOW, THEREFORE IT BE RESOLVED: That Buffalo Common Council request that the Commissioner of the New York State Department of Health withhold approval until a public hearing is held in the City of Buffalo to discuss how the merger plan will affect the community at large, what is the anticipated reduction of the total work ' force, what training programs will be offered to long time employees, and how many full-time employees will be reduced to part-time status without any benefits and the financial impact on the Western New York area. BE IT FINALLY RESOLVED: The Common Council directs the City Clerk to forward certified copies of this request to the Commissioner of the New York State Department of Health, the Western New York State Delegation of the Senate and Assembly, New York State Attorney General and New York State Comptroller's Office. ADOPTED NO. 247 By: Ms. Williams and Mr. Coppola REFUND D. MINOGUE BILLBOARD SIGN FEES Whereas:Dennis Minogue paid $144 in fees to the City of Buffalo to erect a (14' x 48') billboard sign at 187 Exchange Street; and Page 99 98-0120.txt Whereas:According to Section 387-19 of the Buffalo Code, Common Council approval is required to erect a billboard sign. Equally important, the City Planning Board must authorize businesses and/or individuals to erect billboards; and Whereas:The City Planning Board recently denied the application of Dennis Minogue to erect a sign at 187 Exchange Street because the property is located in an Urban Renewal Area which prohibits billboard signs; Now, Therefore, Be It Resolved: That the Common Council grants permission for the City of Buffalo Department of Audit and Control to refund the application and permit fee of $144 to Dennis W. Minogue paid for the erection of a sign at 187 Exchange Street because his request (permit application no. 240472) was denied by the City Planning Board and this honorable body; and Be It Finally Resolved: That a check in the amount of $144 be refunded to Dennis Minogue and mailed to him at 5545 Country Club Lane, Hamburg, New York 14075. PASSED AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, WILLIAMS, ZUCHLEWSKI -11 NOES- ZUCHLEWSKI-1 NO. 248 By Mr. Zuchlewski FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Diocese of Buffalo Catholic schools- "Catholic Schools Week" By Councilmember Pitts Felicitation for Board Of Christian Education of New Hope Baptist Church By Councilmember Pitts ADOPTED NO. 249 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,1998 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Corinne Brooks Jeffrey A. Kusawa Robert E. Hill Michelle M. Reinard ADOPTED NO. 250 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED-PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December Page 100 98-0120.txt 31,1998 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Emerson Barr, III Gregory J. Jacobs Shirley Isch Jason M. Bailey ADOPTED NO. 251 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service - Tuesday, Jan. 27, 1998, 9:30 A.M. Finance - Tuesday, Jan. 27, 1998 following Civil Service Legislation - Tuesday, January 27, 1998 at 2:00 P.M. Community Development-Wed., Jan. 28, 1998 10:00 A.M. Education - Wednesday, Jan. 28, 1998, 2:00 P.M., Rm. 1417. Ancillary Meetings Public Hearing of the Police Oversight Committee held on January 27, 1998 in Council Chambers at 6:00 o'clock P.M. NO. 252 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 3:45 p.m. CHARLES L. MICHAUX, III CITY CLERK Page 101