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HomeMy WebLinkAbout93-0907 No. 16 Common Council Proceedings of the City of Buffalo Regular Meeting, September 7, 1993 MAYOR Hon. James D. Griffin COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Eugene M. Fahey COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware James W. Pills - Ellicott David A. Franczyk Fillmore Norman M. Bakos Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Brian M. Higgins South Archie L Amos, Jr. University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : James W. Pills, Chairman, George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. PerIa, Jr. Members CLAIMS COMMITTEE : Brian Higgins, Chairman, Archie L. Amos, David Franczyk, Rosemarie LoTempio, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Clifford Bell, Chairman, Archie L Amos, Jr., David Collins, David A. Franczyk. Alfred Coppola. James W. Pills, Members. FINANCE COMMITTEE: David Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio, James Pills, Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts, Members URBAN RENEWAL: Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M. Higgins, Rosemarie Lotempio, Carl A. PerIa, Jr. SPECIAL COMMITTEES SPECIAL COMMITTEE ON BUDGET: Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon. Joel A. Giambra, Mr. Richard Planavsky. SPECIAL COMMITTEE ON CATV: Hon. James W. Pills, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski. PARKS DEPARTMENT OVERSIGHT COMMITTEE: James W. Pills, David A. Franczyk. Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John Scardino, Jr., Representative of the Friends of Olmstead Park, Representative of Delaware Park Steering Committee Representative of Martin Luther King Park Steering Committee,' Representative of the Friends of Cazenovia Casino. TASK FORCES TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Alfred T. Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald Quinlan, Rev. Bennett Smith. MEDICAL BENEFITS TASK FORCE: Richard J. Piontek, Larry Insinna, Mary Ann Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J. CareIa, John Walker, John D. Smith. EDUCATION FUNDING FORMULA REVIEW TASK FORCE: Hon. Brian M. Higgins, Chairman; Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella' Richardson, Dr. Oscar Smuckler. POLICE REORGANIZATION TASK FORCE: Hon. Eugene M. Fahey, Chairman; Hon. George k. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio. Michael Trimboli, Ralph Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard Planavsky, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. STREETS DEPARTMENT OVERSIGHT TASK FORCE: Hon. Alfred T. Coppola, Chairman; Hon. Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum Designee, John Scardino. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, September 7, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski- 12. ABSENT- Councilmember Bakos- 1. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on July 20, 1993 were approved. FROM THE MAYOR No. 1 Designation Of Chairperson Of The Commission On Human Relations Pursuant to the powers vested in me by Section 285.27 of the Charter of the City of Buffalo, as mended, I hereby designate Otis N. Glover, residing at 226 Summit Avenue 0 Buffalo- 14214, as chairperson of the Commission on Human Relations. I hereby certify that Otis N. Glover is fully qualified to serve as chairperson of the Commission on Human Relations. RECEIVED AND FILED. No. 2 Reappointment of Member of Commission on Human relations Pursuant to the powers vested in me by Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby reappoint Daniel A. Karlinski, residing at 349 Walden Avenue, Buffalo, 14211, as a member of the Commission on Human Relations for a term expiring on February 27, 1996. I hereby certify that Daniel A. Karlinski is fully qualified for reappointment to the Commission on Human Relations. RECEIVED AND FILED. No. 3 Reappointment Of Member of Committee for Youth Pursuant to the provisions of Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby reappoint Gil Licata, residing at 71 Rebecca Park, Buffalo, New York 14207, as a member of the Committee for Youth for a term expiring on August 4, 1997. I hereby certify that Gil Licata is fully qualified to serve as a member of the Committee for Youth. RECEIVED AND FILED. No. 4 Reappointment of Member of the Buffalo Municipal Housing Authority Pursuant to the powers vested in me by subdivision 2, Section 30 of the Public Housing Law, I hereby reappoint Donald A. Ort, residing at 124 Whitehall, Buffalo, New York 145220, as a member of the Buffalo Municipal Housing Authority for a term expiring October 19, 1998. Donald A. Ort, a Navy veteran of World War II, retired form city service on March 29, 1985. He served in various city posts form 1954-1985 including Building Inspector, Chief Building Inspector and Director of the Division of Housing/Building Inspections. I hereby certify that Donald Ort is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 5 A Review of the City's Fiscal Condition Attached for your information is a communication I received form City Commissioner of Administration and Finance, Dick Planavsky and City Budget Director, Ton Keenan, regarding the city's finance, including the 1992-93 budget results and a comparison of a number financial categories as I inherited them in 1978 and how I will be leaving them to my successor in 1994. I think this information will be helpful to the Common Council as it works to keep the 1993-94 and future years budgets balanced. REFERRED TO THE COMMITTEE ON FINANCE. No. 6 Amendment of the 19th Year Community Development Block Grant Program - $3.0 Million Housing Rehab. Float Loan Attached is a proposed amendment to the 19th year C.D. Block Grant program to authorize a $3.0 million guaranteed construction float loan program for major rehab of vacant one and tow family homes to be sold to owner occupants. The objective is to renovate up to 60 homes per year. This proposed program is intended to fill a void in our housing rehabilitation efforts which was created when both the Section 312 and UDAG programs were terminated. The loan program will be operated by the Buffalo Enterprise Development Corporation, and administered by the Buffalo Urban Renewal Agency. BEDC will make construction loans of up to $50,000 per unit available to housing developers recruited by community based organizations. Candidate homes will e assembled by BURA from the Real Estate Division, HUD foreclosures, and drug seizures coming into City title. Construction loans will be guaranteed a minimum of 50% by a $1.5 million guarantee fund to be established by BEDC form non-federal revenue received as a consequence of the early prepayment of principal on the privately owned Convention Center Parking Ramp. Loan will also be guaranteed by liens on work in progress. I urge Your Honorable Body to approve/adopt an appropriate resolution which would authorize the amendment of the 19th year CDBG program, and the earmarking of the early prepayment of the Convention Center Ramp debt for the above authorized programs. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 7 Door Encroachment in the right-of-way of 5 E. Huron St. Item No. 44. C.G.P., July 20. 1993 The City Planning Board at its regular meeting held Tuesday, July 13, 1993 considered the above matter pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-way Encroachments. The applicant seeks to install a door which, when opened, will encroach the right-of-way by 6 inches. The proposed encroachment has been sponsored by Buffalo Place Inc. and has also been reviewed by the Department of Public Works. The latter has recommended that your Honorable Body grant a mere license for the encroaching door. Under SEQR the proposed encroachment is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 Door and Awning Encroachments at 537 Main St. Item No. 45, C.C.P., July 20, 1993 The City Planning Board at its regular meeting held Tuesday, July 13, 1993 considered the above matter pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-way Encroachments. The applicant seeks to install two doors which, when opened, will encroach the right-of-way, and to place two canvas' awnings which will encroach 11 1/2 feet into the right-of-way. The site is located on Theodore Roosevelt Plaza and is therefore not involved with vehicular traffic. The proposed renovation will allow an outdoor cafe to operate more efficiently. The proposed encroachments are sponsored by Buffalo Place Inc.. They have also been reviewed by the Department of Public Works which has recommended that your Honorable Body grant a mere license for them. Under SEQR the proposed encroachments are considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed encroachments. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 9 Door and Awning Encroachments at 510 Washington St. Item No. 46, C.C.P., July 20, 1993 The City Planning Board at its regular meeting held Tuesday, July 13, 1993 considered the above matter pursuant to Section 413-67 of the Buffalo Code, Review of Right-of-way Encroachments. The applicant seeks to install two awnings which will encroach approximately 6 feet into the right-of-way and 3 doors (one 44 inches wide and two 36 inches wide) which will encroach the right-of-way when opened. The proposed encroachments have been sponsored by Buffalo Place Inc. and have also been reviewed by the Department of Public Works which has recommended that your Honorable Body grant a mere license for the encroachments. Under SEQR the proposed encroachments are considered Type II actions which do not require further environmental review. The Planning Board voted to approve the proposed encroachments. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 10 J. Gardon - Request to Place a Sidewalk Cafe and Expand Restaurant at 1487 Hertel Ave. (corner Sterling) Item No. 47, C.C.P., July 20, 1993 The City Planning Board at its regular meeting held Tuesday, July 27, 1993 considered the above request pursuant to Sections 413-59 and 511-59 of the Buffalo Code - Review of Sidewalk Cafes and Expansion of Eating and Drinking Places in the Hertel Special Zoning District. The applicant seeks to expand his existing restaurant by placing two sidewalk cafes in the right-of-way of Hertel and Sterling Avenues. The Hertel Avenue cafe will measure 7 feet by 37 feet (259 square feet) and the Sterling Avenue cafe will measure 7 feet by 26 feet (182 square feet). The total of both cafes will be 441 square feet. The site is located in the Hertel Avenue Special Zoning District which considers the expansion of eating and drinking places to be restricted uses which require council approval. Parking for the proposed restaurant expansion is available via two public parking lots within 1000 feet of the site. The proposed sidewalk cafes will not obstruct pedestrian movement on either Hertel or Sterling Avenues. It should be noted that the Department of Public Works has recommended that your Honorable Body grant a mere license for the proposed sidewalk cafe. Lastly, under SEQR the cafes are considered a Type II action which does not require further environmental review. Consequently, the Planning Board voted to approve the proposed sidewalk cafes with the following conditions: 1) that there be no music played thereon, 2) that it be opened no later than 11:00 p.m. daily, and 3) that there be no trash receptacles in the cafe area. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 11 Chemical Bank - Request to Place a Ground Sign at 3 Niagara Square Item No. 103, C.C.P., July 20, 1993 The City Planning Board at its regular meeting held Tuesday, July 27, 1993, considered the above request pursuant to Section 387-19 of the Buffalo Code-Review of Ground Signs. The applicant seeks to place an illuminated, accessory, ground sign which will measure 3 feet by 12 feet and will be 3 feet in overall height. The sign face area will be 48 square feet. The site is located in the D.O. zone which does not permit freestanding signs. Consequently the Zoning Board of Appeals must grant a variance for the proposed sign. The site is also located in the Joseph Ellicott Historic Preservation District. At its meeting of June 10, 1993, the Buffalo Preservation Board voted in opposition to the proposed sign. The Planning Board voted to deny the proposed sign inasmuch as it was the only ground sign in the square and would set a precedent for other ground signs, it was unnecessary to identify the bank since the bank is also proposing to have signage on an awning, the sign was inappropriate and would detract from the ambiance of Niagara Square. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 12 Permission to Engage Consultants Art Conservation Services Over the past year the Buffalo Arts Commission has been engaged in a survey and technical evaluation of the condition of all outdoor sculpture within the City limits of Buffalo. This project has been funded through a grant from the Smithsonian institution and National institute for the Conservation of Cultural Property (N.I.C.) and will culminate in a published report which will be distributed to the individual members of your Honorable Body in the next month. Concurrent with this survey effort, the Buffalo Arts Commission has identified eight (B) sculptures rated in urgent need of treatment. Significantly, several of these statues are among the most outstanding artistic works in the City's possession. In June of 1993, a detailed Request for Proposal (RFP) was issued to seven art conservation firms specializing in the restoration of outdoor bronze sculpture. A total of five (5) responded with detailed proposals. A summary of proposed costs is listed below. The RFP was structured in such a way to enable the selection of one or more conservators to work on one or more pieces. In evaluating credentials and specific treatment proposals, it is important to understand that different treatment methods are appropriate for different works and, depending on the method selected, the final product, coloration, or bronze surface will vary. For example, there are three different means of removing corrosive materials from a damaged bronze surface: blasting with crushed walnut shells, peening with glass beads, or high pressure water. Each yielding different results. The Commission has endeavored to select those art conservators considered best qualified for the particular works listed below. I. Russell/Mart Inc., 5798 Pershing Ave., St. Louis, Missouri 63112 - for the conservation of statues of David and Young Lincoln in Delaware Park plus the Hiker in Roosevelt Plaza downtown at a cost not to exceed $57,000 II. Fine objects Conservation, Inc. 3 Meeker Road, Westport, Ct. 06880 - for the conservation of Perry in Front Park, Bidwell in Colonial Circle, and Welch at Niagara and Elmwood at a cost not to exceed $61,435 III. Roman Bronze Works Inc., 96-18 43rd Ave., Corona, N.Y. 11368 - to recast Verdi and conservation of Chopin both in Symphony Circle at a cost not to exceed $12,100 The Arts Commission voted to recommend to Your Honorable Body that the professional services of the above listed consultants be engaged under three separate contracts for the work prescribed and at the costs listed above. Funding is available through the "% for Art" Capital Budget allocation from F.Y. 93-94, C.P.F. 200-402-005 and F.Y. 93-94 C.P.F. 200-717-063. In forwarding this recommendation, the Commission also requests immediate approval so that work may commence this fall. It is anticipated that a total of three (3) of the subject works could be completed prior to the onset of winter weather with the remaining five (5) to be completed in the Spring and Summer of 1994. Thank you for your consideration and I am available to answer any questions. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Report of Bids, Lake Erie Plaque Marker Informal proposals were received on August 25, 1993 for the fabrication and installation of a concrete marker to display a granite plaque commemorating the history of Lake Erie. The historic "Lake Erie Plaque" has been fabricated in granite and will be donated provided that the City be responsible for the concrete marker upon which it will be mounted adjacent to the cul de sac at the Erie Basin Marina. The original was reported missing or stolen several years ago from the foot of Porter Avenue. The following is a true and correct statement of all bids received: Mr. Falgiano Const. Co. -$3,625 LCP Const. Corp. - 6,240 Birch Landscaping & Nursing Inc. - 3,644 Feddington-Allen Inc. - 2,448 Permission is requested to enter into contract with the low bidder, Feddington-Allen, in the amount of $2,448. Funds are available in the Division of Buildings Bond Fund #200-402-005. Mr. Fahey moved: That the communication from the Buffalo Arts Commission, dated September 2, 1993, be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is authorized to award a contract for Lake Erie Plaque Marker to Feddington-Allen, Inc., the lowest responsible bidder in the amount of $2,448.00. Funds for this project are available in the Division of Buildings Bond Fund #200-402-005. PASSED. AYES- 12 NOES- 0. FROM THE COMPTROLLER No. 14 Certificate of Necessity Increased Appropriation Appropriation Allotments - Fund Balance Reserve Enterprise Fund - Parking We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $62,508 in the estimates for the fiscal year beginning July 1, 1993 is necessary in Appropriation Allotments - Enterprise Fund -Parking 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 440-890-032 - Fund Balance Reserve for Maintenance not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, SEPTEMBER 1,1993 RECEIVED AND FILED. No. 15 Capital Debt Service Fund Deposits - 1993-94 Fiscal Year Certificate Number 2-93-94 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1993 and ending June 30, 1994. I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1993 and ending June 30, 1994 is $31,306,496.72. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1993 through and including November 30, 1993, is $7,769,915.96. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1993 through and including June 30, 1994, is $23,536,580.76. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1993 and ending December 31, 1993 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amt. Due Date Due Place Due Serial Bonds $1,682,573.75 7/30/93 M & T Trust Co. Buffalo, New York Serial Bonds 271,537.50 8/1/93 Chase Manhattan, NA New York, New York Serial Bonds 682,775.75 8/13/93 Key Trust Company Albany, New York Serial Bonds 874,473.76 8/31/93 Marine Midland, NA New York, New York Serial Bonds 279,990.00 9/1/93 Chase Manhattan, NA New York, New York Serial Bonds 498,282.50 9/30/93 Fleet Bank Buffalo, New York Serial Bonds 464,051.25 9/30/93 Chase Manhattan, NA New York, New York Serial Bonds 227,230.00 10/1/93 " " Serial Bonds 496,911.25 10/29/93 Chase Manhattan, NA New York, New York Serial Bonds 1,279,432.70 11/1/93 " " Serial Bonds 375,947.50 11/30/93 " " Serial Bonds 55,960.00 11/30/93 M & T Trust Company Buffalo, New York Serial Bonds 110,000.00 12/1/93 " " Serial Bonds 470,750.00 12/1/93 Chase Manhattan, NA New York, New York $7,769,915.96 5. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on July 1, 1993 is $7,769,915.96. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1994, and ending June 30, 1994, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amt. Due Date Due Place Due Serial Bonds $1,682,573.75 1/ 31/94 M & T Trust Company Buffalo, New York Serial Bonds 5,925,000.00 2/1/94 " " Serial Bonds 30,735.00 2/1/94 Chase Manhattan, NA New York, New York Serial Bonds 682,775.75 2/14/94 Key Trust Company Serial Bonds 1,279,000.00 2/15/94 Albany, New York Serial Bonds 1,019,935.00 2/14/94 Marine Midland, NA New York, New York Serial Bonds 874,473.76 2/28/94 Marine Midland, NA New York, New York Serial Bonds 2,080,000.00 3/1/94 " " Serial Bonds 720.00 3/1/94 Chase Manhattan, NA New York, New York Serial Bonds 464,051.25 3/31/94 " " Serial Bonds 498,282.50 3/31/94 Fleet Bank Buffalo, New York Serial Bonds 1,125,000.00 4/1/94 " " Serial Bonds 1,980,480.00 4/1/94 Chase Manhattan, NA New York, New York Serial Bonds 496,911.25 4/29/94 " " Serial Bonds 797,340.00 5/1/94 " " Serial Bonds 375,947.50 5/31/94 Chase Manhattan, NA New York, New York Serial Bonds 52,605.00 5/31/94 M & T Trust Company Buffalo, New York Serial Bonds 4,170,750.00 6/1/94 Chase Manhattan, NA New York, New York $23,536,580.76 7. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on December 1, 1993 is $23,536,580.76. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 2-93/94 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 24th Day of August, 1993 RECEIVED AND FILED. No. 16 Interfund Loan Request - Sewer Lines At Hutch Tech Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $30,000 for the reconstruction of Sewer Lines at Hutch Tech High School. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 299 Cap Proj 299-270-091 BAN/Bond Sale $30,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Bond Closeouts The City of Buffalo issues bonds to provide funds to finance tile costs of various capital projects which are described in tile bond resolutions submitted to tile Common Council. When we raise capital funds by selling bonds, it is reasonably anticipated that all of tile projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00). The Division of Accounting has received some requests and has determined the following accounts: 1. Have a balance too small to proceed with the project, 2. Have no further commitments, 3. Will not be used since the project is complete, or 4. Have had no activity for a number of years. For the aforementioned reasons, the following bond accounts should be closed. Unencumb Restricted Unrestricted Balance For Future For Debt 8/17/93 Debt Serv. Service Acct #200 Purpose 402-008 Conversion of City hall Elevators $1,563.99 $1,563.99 402-026 Reconst Sheas Buffalo Theatre 2.17 2.17 402-035 Window Replacement - Northwest CC 1.91 1.91 402-044 Restoration of Monuments 17.49 17.49 402-048 Improvement to JFK Playground 1,920.75 1,920.75 402-051 Reconst Kensington Niagara Library 668.24 668.24 402-072 Reconst of Science Museum .50 .50 402-075 Reconst Police Dept Building .21 .21 402-091 Reconst CAO Headquarters .34 .34 402-086 Expansion of Lincoln Fieldhouse 7,552.54 7,552.54 601-033 Improvements School #19 Playground 2,341.12 2,341.12 717-042 Kingsley Park Improvements .23 .23 717-520 Theatre District Public Improvements .49 .49 Totals $14,069.98 $14,069.49 $.49 Upon favorable action by Your Honorable Body, I will close the bond accounts and the amounts restricted for future debt service will be transferred to the debt service reserve, and the unrestricted amounts will be used as a resource for the 1994-95 Capital Debt Service Fund Budget. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Renew Lease Agreement Between the City of Buffalo and Bella Vista Management, Inc. Item No. 124, C.C.P. 3/16/93 Pursuant to Items No. 124, C.C.P. 3/16/93, Your Honorable Body approved the renewal of the above captioned lease. This lease agreement was for a one year period commencing on October 1, 1992, and expiring on September 30, 1993. This office has received a request from the Bella Vista Management, Inc. indicating their willingness to exercise their one year option to renew said lease agreement. The annual rental to be charged is One Hundred Fifty-Five Dollar ($150.00) payable in advance. Insurance is to be provided saving the City of Buffalo harmless from any liability per Item #197, C.C.P. 3/31/87 and/or limits to be determined sufficient by our Law Department. Therefore, I am recommending that Your Honorable Body approve the request of Bella Vista Management, Inc. to renew their current lease agreement for one year under the same terms and conditions. I am further recommending that the Corporation Counsel be authorized to draw the necessary renewal agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Amend Lease Renewal Between the City of Buffalo and Greater Emmanuel Temple Church Item # 18, C.C.P. 7/6/93 Pursuant to Item No. 18, C.C.P. 7/6/93, Your Honorable Body approved the renewal of the above captioned lease for the period of 7/1/93 to 6/30/93. However, this renewal should be amended to read for the period of July 1, 1993 and terminating June 30, 1995. I am, therefore, recommending that Your Honorable Body approve to amend Item #18, C.C.P. 7/6/93, to renew the lease agreement between the City of Buffalo and Greater Emmanuel Temple Church for a two year period under the same terms and conditions. I am further recommending that the Corporation Counsel be authorized to draw the necessary renewal agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE IN FINANCE. No. 20 Results of Negotiations Tifft Street Bridge Land Acquisitions Parcels 18-19 Item No. 35, C.C.P. 4/28/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate for various parcels of land along Tifft Street for the new Tifft Street Bridge. The City of Buffalo will need to acquire title to and/or permanent easements for approximately 20 parcels of land. Funds for the acquisition of the parcels are to be provided from Bond Fund Account #200-401-012. Through negotiations an agreement has been reached to acquire the fee for Parcels #18 and 19, on Map 13. The agreement is subject to final approval by the Common Council. The property is owned by Mr. Stanley Doraski, 560 Tifft Street, Buffalo, New York and consists of approximately 7.7 acres of land. The parcel has been deemed necessary to be acquired in fee, by the Commissioner, New York State, Department of Transportation, for the purposes connected with the road system of the City of Buffalo. Two independent appraisals of the property were commissioned by the City to estimate the value of the property. G.A.R. Associates, Mr. Walter Allen, Appraiser has estimated the value of the parcel to be Seventy Six Hundred Dollars ($7,600). A second appraisal submitted by Howard Schultz, Appraiser, estimated the value of the property to be Thirty Six Hundred and Fifty Dollars ($3,650). The results of our negotiations are that Mr. Stanley Doraski has agreed to sell the aforementioned parcels to the City in the amount of Seventy-Six Hundred Dollars ($7,600). The City will agree and it's sole cost and expense to pay for the title report, recording costs, transfer taxes, settlement fees and revenue stamp fees. I am recommending that Your Honorable Body authorize the Comptroller to acquire Parcels #18 and 19 in the amount of Seventy-Six Hundred Dollars ($7,600) from Mr. Stanley Doraski. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents to obtain title to the aforementioned properties. Mr. Fahey moved: That the communication from the Comptroller, dated September 1, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to acquire Parcels 18 and 19, Map 13, for the new Tifft Street Bridge, from Mr. Stanley Doraski, owner for $7,600, City to pay for title report, recording costs, transfer taxes, settlement fees and revenue stamp fees; and the Corporation Counsel is hereby authorized to prepare the necessary documents to obtain title. PASSED. AYES- 12 NOES- 0. No. 21 Results of Negotiations Tifft Street Bridge Land Acquisitions Item No. 35, C.C.P. 4/28/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate for various parcels of land along Tifft Street for the new Tifft Street Bridge. The City of Buffalo will need to acquire title to and/or permanent easements for approximately 20 parcels of land. Funds for the acquisition of the parcels are to be provided from Bond Fund Account #200-401-012. Through negotiations an agreement has been reached to acquire the fee for Parcel #20 on Map 14. The agreement is subject to final approval by the Common Council. The property is owned by Skyway Auto Parts, Inc., 637 Tifft Street, Buffalo, New York 14220 and consists of approximately 5,691 square feet of frontage on Tifft Street. The parcel has been deemed necessary to be acquired in fee, by the Commissioner, Department of Transportation, New York State, for the purposes connected with the road system of the City of Buffalo. Two independent appraisals of the property were commissioned by the City to estimate the value of the property. G.A.R. Associates, Mr. Walter Allen, Appraiser has estimated the value of the parcel and improvements to be Thirty-Four Hundred Dollars ($3,400). The second appraiser, Howard Schultz, has estimated the value of the property and improvements thereon to be Nineteen Hundred Dollars ($1,900). Neither appraiser considered in their reports any indirect damages for loss of parking. The Division of Real Estate negotiated with the owner of the property, indirect damages in the amount of Fifteen Thousand Dollars ($15,000). This figure is based on recommendations from the New York State Review Appraiser and New York State D.O.T. Regional recommendation that the indirect damages must be compared to a possible cost to cure the parking problem created by the taking. The Review Appraiser estimated the loss of use of approximately twelve (12) parking spaces at a cost of approximately One Thousand Dollars ($1,000) per space lost. The Division of Real Estate has negotiated with the owner, Skyway Auto Parts, Inc. and has arrived at a settlement figure of Fifteen Thousand Dollars ($15,000) for cost to cure, in addition to the purchase price of Three Thousand Dollars ($3,000) for acquisition of the parcel. The results of our negotiations are that Skyway Auto Parts, Inc. has agreed to sell the aforementioned parcel to the City of Buffalo in the amount of Three Thousand Dollars ($3,000). In addition, they have agreed to accept Fifteen Thousand Dollars ($15,000) as indirect damages for the cost to cure and reconstruct their parking area. The City will agree, at it's sole cost and expense, to pay for the title report, recording costs,- transfer taxes, settlement fees and revenue stamp fees. Therefore, I am recommending that Your Honorable Body authorize this Office to acquire Parcels #20 in the amount of Eighteen Thousand Dollars ($18,000), Three Thousand Dollars ($3,000) for land acquisition and Fifteen Thousand Dollars ($15,000) in indirect damages. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents to obtain title to the aforementioned parcel and agreement for indirect damages. Mr. Fahey moved: That the communication from the Comptroller, dated September 1, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to acquire Parcel 20 on Map 14, for the new Tifft Street Bridge, from Skyway Auto Parts, Inc., owner for a purchase price of $3,000 and an additional $15,000 on indirect damages, City to pay for title report, recording costs, transfer taxes, settlement fees and revenue stamp fees; and the Corporation Counsel is hereby authorized to prepare the necessary documents to obtain title and an agreement for indirect damages. PASSED. AYES- 12 NOES- 0. No. 22 Permission to Negotiate 531 Adams, E 186.14' N Sycamore Lot Size: 25' x 98' Assessed Valuation: $1,100 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Nathaniel Ball of 537 Adams Street, Buffalo, New York to purchase the above captioned property. Mr. Ball would like to purchase this property, which is adjacent to his residence for additional yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contacted and they have no objection to this sale. The Tax and Demolition Lien Off ices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 27, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Nathaniel Ball, residing at 537 Adams Street, for the private sale of 531 Adams and report to this Honorable Body the results of such negotiations. ADOPTED. No. 23 Permission to Negotiate 2040 Bailey, W 33' N Doat Lot Size: 33' x 111' Assessed Valuation: $4,400 The Office of the Comptroller, Division of Real Estate, has received a request from National Fuel Gas Distribution Corporation, Buffalo, New York to purchase the above captioned property. National Fuel Gas Distribution Corporation would like to purchase this property to erect a new regulator station to upgrade facilities in this service area. The Department of Community Development and the Department of Inspections & Community Revitalization were contacted and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated August 31, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with National Fuel Gas Distribution Corporation, Buffalo, New York, for the private sale of 2040 Bailey and report to this Honorable Body the results of such negotiations. ADOPTED. No. 24 Permission to Negotiate 46 Cypress, N 90' W Pine Vacant Lot Size: 30' x 130' Assessed Valuation: $1,950 The Office of the Comptroller, Division of Real Estate, has received a request from Willie Ida Greene and Theodore Greene of 324 Pine, Buffalo, New York to purchase the above captioned property. Willie Ida Greene and Theodore Greene would like to purchase this property, which is adjacent to their residence for additional yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated August 20, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Willie Ida Greene and Theodore Greene, residing at 324 Pine, for the private sale of 46 Cypress and report to this Honorable Body the results of such negotiations. ADOPTED. No. 25 Permission to Negotiate 1328 Jefferson, W 40' N Utica Vacant Lot Size: 30' x 92' Assessed Valuation: $2,100 The Office of the Comptroller, Division of Real Estate, has received a request from the Word of Faith Church of God in Christ, Rev. Curtis Hamilton, 299 East Utica Street, Buffalo, New York to purchase the above captioned property. The Church is breaking ground to enlarge their sanctuary and will be using their existing parking lot to accommodate the extension. They own the lot at 302 East Utica, which is directly behind 1328 Jefferson. Combining the two lots would serve as their new parking lot. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 21, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with the Word of Faith Church of God in Christ, Rev. Curtis Hamilton, 299 East Utica Street, for the private sale of 1328 Jefferson and report to this Honorable Body the results of such negotiations. ADOPTED. No. 26 Permission to Negotiate 224 Madison, W 420' S Peckham Vacant Lot Size: 30' x 109' Assessed Valuation: $1,700 The Office of the Comptroller, Division of Real Estate, has received a request from Bucy and Venta Jones of 218 Madison Avenue, Buffalo, New York, to purchase the above captioned property. Bucy H. and Venta Jones would like to purchase this property for gardening and recreational use. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 21, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Bucy and Venta Jones, residing at 218 Madison Avenue, for the private sale of 224 Madison and report to this Honorable Body the results of such negotiations. ADOPTED. No. 27 Permission to Negotiate 40 Metcalfe, W 385' N Clinton Vacant Lot Size: 60' x to RR Land Assessed Valuation: $2,800 The Office of the Comptroller, Division of Real Estate, has received a request from the Jerome Block of Max Brock Co., 18 Metcalfe Street, Buffalo, New York to purchase the above captioned property. Mr. Block would like to purchase this City-owned property in order to fence in and utilize for parking trailers. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 21, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Jerome Block of Max Brock Co., 18 Metcalfe Street, for the private sale of 40 Metcalfe and report to this Honorable Body the results of such negotiations. ADOPTED. No. 28 Permission to Negotiate 81 Rapin, E 513.87' S Hazel Vacant Lot Size: 35' x 95' Assessed Valuation: $2,800 The Office of the Comptroller, Division of Real Estate, has received a request from Edward Applewhite of 77 Rapin, Buffalo, New York to purchase the above captioned property. Edward Applewhite would like to purchase this property, which is adjacent to his residence for additional yard space and to build a patio. The Department of Community Development and the Department of Inspections & Community Revitalization were contacted and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated August 27, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Edward Applewhite, residing at 77 Rapin, for the private sale of 81 Rapin and report to this Honorable Body the results of such negotiations. ADOPTED. No. 29 Permission to Negotiate 61 Verplanck, E 150' N Glenwood Vacant Lot Size: 25' x 100' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate, has received a request from Ms Marion Hardy of 59 Verplanck Street, Buffalo, New York to purchase the above captioned property. Ms Hardy would like to purchase this property, which is adjacent to he residence, for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 21, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Ms. Marion Hardy, residing at 59 Verplanck Street, for the private sale of 61 Verplanck Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 30 Results of Negotiations 61 Van Rensselaer, SE Corner Perry Vacant Lot: 30' x 125' Assessed Valuation: $1,900 Item No. 09, C.C.P. 3/3/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mrs. John P. Hassett, 59 Van Rensselaer, Buffalo, New York, to purchase the above captioned property in order to expand 'her yard area. An independent appraisal of the property was conducted by Mr. Dennis Walker, Able Appraisals Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the subject property to be Eight Hundred and Twenty-five Dollars ($825.00), if left ungraded, or Nine Hundred and Forty Dollars ($940.00) if leveled and graded. The property was formally improved with a two and one-half (2 1/2) story structure that was recently demolished. The lot was left ungraded and contains debris from the demolition. The site also lacks top soil for proper vegetation growth. The estimates quoted by the appraiser represent between 22 cents a square foot and 25 cents a square foot. The Division of Real Estate has investigated the sale of similar property in the area. Sale prices range from 19 cents a square foot to 31 cents a square foot. The results of our negotiations are that Mrs. John Hassett has agreed and is prepared to pay Six Hundred and Twenty-five Dollars ($625.00) for the subject property. The offer is below the appraiser's estimate of value of Eight Hundred and Twenty-five Dollars ($825.00) ungraded. Mrs. Hassett has agreed to removed the debris and provide top soil at her own expense. These expenses are expected to exceed Three Hundred Dollars ($300.00). Therefore, I am recommending that Your Honorable Body approve the sale of 61 Van Rensselaer to Mrs. John Hassett in the amount of Six Hundred and Twenty-five Dollars ($625.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and closing and that the Mayor be authorize execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated July 12, 1993, be received and filed; and That the offer of Mrs. John Hassett, 59 Van Rensselaer, in the sum of $625.00 (Six Hundred and Twenty Five Dollars) to purchase the property described as 61 Van Rensselaer, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the purchaser has agreed to remove the debris and provide top soil at her own expense; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 12 NOES- 0. No. 31 Results of Negotiations 47 Dempster, S 460' E Bailey Vacant Lot: 60' x 125' At the request of the Council President, the Division of Real Estate has negotiated a private sale with Burke Brothers Construction, Inc., One Gleneagle Drive, Hamburg, New York 14075. Burke Brothers Incorporate intends to construct a single family home for Ms Jean Marie Gallagher, 61 Davey Street, Buffalo, New York 14206. An independent appraisal of the property was conducted by Frank A Pirritano, Appraiser. He has estimated the fair market value of the property to be Two Thousand Dollars ($2,000). This represents approximately 27 cents per square foot. The Division of Real Estate has investigated the sales of similar property in the area. Sale prices range from 26 cents a square foot to 30 cents a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Burke Brothers Construction, Inc. has agreed and is prepared to pay Two Thousand Dollar ($2,000) for the subject property. They have also agreed to pay the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body authorize the sale of 47 Dempster Street to Burke Brothers Construction, Inc. in the amount of Two Thousand Dollars ($2,000). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for closing and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated September 2, 1993, be received and filed; and That the offer of Burke Brothers Construction, Inc., One Gleneagle Drive, Hamburg, in the sum of $2,000.00 (Two Thousand Dollars) to purchase the property described as 47 Dempster, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED AYES- 12 NOES- 0. No. 32 Amend Sale of 722 Babcock Item #84, C.C.P., 6/8/93 Item #24, C.C.P., 5/25/93 In Item #84, C.C.P. 6/8/93, Your Honorable Body authorized the sale of 722 Babcock Street to Enrx Inc. We reported that Enrx was the mortgagee of the property, Item #24, C.C.P. 5/25/93. This was an error. The mortgagees of the property are James L. Lalime, Joseph Contino and Joseph Delomini. They are now the current owners of the property. Therefore, I am requesting that Your Honorable Body amend Item #84, C.C.P. 6/8/93, and authorized the sale of property to James L. Lalime, Joseph Contino and Joseph Delomini instead of Enrx Inc. Mr. Fahey moved: That the communication from the Comptroller dated August 30, 1993, be received and filed; and That Item No. 84, C.C.P., 6/8/93, be and hereby is amended to authorize the sale of 722 Babcock Street to James L. Lalime, Joseph Contino and Joseph Delomini instead of Enrx Inc. PASSED. AYES- 12 NOES- 0. No. 33 Request To Purchase 118 Fenton Street Item #88, C.C.P. 7/20/93 The above reference Item was referred to the Department of Community Development and to the Comptroller for a response. The Item is a request from Mrs. Etta M. Czaja, 222 Rebecca Park, Buffalo, New York 14207, to purchase the City owned property located at 118 Fenton Street. The property at 118 Fenton Street is located 270 feet south of Seward Street. There are several problems with this property. There are no street, sewer or water improvements to the property. In addition, the property borders the Buffalo River and City Ordinances requires a set back for public access. The property may also be in a flood plain. Mrs. Czaja has been advised of the above problems and has subsequently withdrawn her request to purchase the property. Therefore, I am recommending Your Honorable Body receive and file the request of Mrs. Etta M. Czaja. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Performance Audit Report in-Lieu of Medical insurance In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of our Performance Audit Report for the City's Payment in-Lieu of Medical insurance Coverage Program for the twenty-one month period of July 1, 1991 through March 31, 1993. Certain matters came to our attention in the program's enrollment, payment issuing and reinstatement processes that we considered to be reportable conditions. Reportable conditions were matters of a significant and material nature that, in our judgment, resulted in more than a relatively low risk that errors, irregularities were occurring and were not being detected or even at all. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Medical Coverage for Persons on Workers Compensation The Director of Labor Relations has requested that this Department reinstate medical insurance coverage for a former employee of the City presently receiving workers compensation coverage. We ask this Honorable Body to determine this person's entitlement to such coverage. The Director of Labor Relations is of the opinion that a person receiving workers compensation is entitled to receive medical insurance coverage. This would be true if the person was in the workers compensation group for "active" employees. However, this person is not. His status is that of an "inactive" employee. The City of Buffalo's workers compensation is divided into two groups: active and inactive. The active group is for employees who are on workers compensation leave for less than a year and are expected to return to work within this period. Employees in this group are entitled to receive difference in pay if their compensation benefit is less than their City net pay. They are also entitled to paid medical insurance coverage. The inactive group is for employees who are on workers compensation leave for more than a year. These employees are not entitled to difference in pay or paid medical insurance coverage. The period of a year is the criteria the City has generally used for canceling benefit entitlement. Robert Kuntz sustained a work-related injury in February, 1990, for which he received workers compensation benefits until his return to work in April, 1990. While on an unpaid medical leave of absence (unrelated to work), he aggravated a previous work-related injury. He was again awarded workers compensation benefits and has been receiving such coverage since his award in September, 1991. Mr. Kuntz was carried as an "active" employee receiving workers compensation for the period of September, 1991 to November, 1992, which entitled him to difference in pay and medical insurance coverage. Thereafter, his status was changed to that of "inactive" arid his difference in pay and medical coverage were rightfully canceled. If Mr. Kuntz was to continue receiving paid medical insurance coverage, he would be getting a benefit not presently enjoyed by other "inactive" employees receiving workers compensation. We hereby request that this Honorable Body establish a City policy regarding medical insurance coverage for "inactive" employees receiving workers compensation. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE CORPORATION COUNSEL AND THE CITY UNION LOCALS. FROM THE COMMISSIONER OF ASSESSMENT No. 36 Certiorari Proceedings Fiscal Year 1993-94 2377 Niagara Street Andrew Dorogi This is to advise that the owner, Andrew Dorogi, instituted certiorari proceedings on 2377 Niagara Street, Buffalo, New York regarding the assessment for the fiscal year 1993-94 (taxable status date December 1, 1992). The assessment was reviewed by this Department and the owner expressed a willingness to settle this proceeding. The final assessment for fiscal year 1993-94 was $80,000. The owner is agreeable to a settlement which would result in a reduction of $7,000 for said year on 2377 Niagara Street. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I therefore recommend this settlement, in which the Department of Law concurs. The proposed settlement is subject to the approval of Your Honorable Body. I hereby request that the Law Department be authorized to settle the 1993-94 tax certiorari proceedings on 2377 Niagara Street by reducing the assessment for that year from $80,000 to $73,000. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Certificate of Appointment Appointment effective September 1, 1993 in the Department of Assessment, Carl N. Nasca, 99 Middlesex Road, Buffalo NY 14216, to the position of Assessor, Temporary, at the Intermediate starting salary of $ 33,894. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 38 Certificate of Appointment Appointment effective September 1, 1993 in the Department of Assessment, Anthony Krayna, 321 Jersey Street, Buffalo NY 14201 to the position of Assessor, Permanent, at the Intermediate starting salary of $35,190. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 39 Certificate of Appointment Appointment effective September 1, 1993 in the Department of Assessment, Anthony Krayna, 321 Jersey Street, Buffalo NY 14201 to the position of Senior Assessor, Temporary, at the Intermediate starting salary of $ 36,687. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 40 Certificate of Appointment Appointment effective September 1, 1993 in the Department of Assessment, Phillip Kozerski, 158 Barnard, Buffalo NY 14206 to the position of Senior Assessor, Permanent, at the Maximum starting salary of $ 39,613. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 41 Certificate of Appointment Appointment effective August 26, 1993 in the Department of Assessment, Robert J. Quinn, 723 McKinley Parkway, Buffalo NY 14220, to the position of Principal Assessor, Permanent at the Maximum starting salary of $44,218. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 42 Monthly Report of Licenses Issued for July 1993 I am respectfully submitting the enclosed report of licenses issued in the month of July 1993 by the Division of Licenses. RECEIVED AND FILED. No. 43 Residency Of City Engineer Item #90, C.C.P., 11/24/92 In accordance with the aforementioned Item, I hereby advise that Mr. David F. Jaros has established residency in the city of Buffalo (178 Sterling Avenue, 14216) as of Wednesday, July 14, 1993. RECEIVED AND FILED. No. 44 Conditions for Erection of a Banner Across Main Street at Goodell Street Item No. 203 C.C.P, 07/20/93 This is in response to C.C.P. #203 of July 20, 1993. The Department of Public Works Engineering Division has no objection to the Meals On Wheels Volunteers hanging a banner over Main Street in the vicinity of Goodell Street, providing the following conditions are met: - The banner must be made of fabric that allows air to flow through it. - The bottom of the banner must be at least 14 feet 6 inches above every portion of the street below it. - The banner cannot be hung from a traffic signal pole and must not interfere with the visibility of any traffic signal. - If the banner is to be secured to street light standards, the exact location and number of street light standards to be utilized must he supplied to the Street Lighting Office, Room 501 City Hail. This information must be supplied at least two (2) weeks prior to the erection of the banner. - The banner must be tied down in a secure manner so that it will not "come loose" at any time during the period for which it will be hung. - A bond, and insurance naming the City of Buffalo as additional insured, in the amount of one million dollars ($ 1,000,000.00) must be filed with the City before the banner can be hung. - The banner may be hung for a period not longer than three (3) months, and the Department of Public Works must be notified of the specific dates that the banner will be in place. RECEIVED AND FILED. No. 45 Conditions for Erection of a Banner Across Niagara Street Near Maryland Street Item No. 218, C.C.P., 07/20/93 This is in response to C.C.P. #221 of July 20, 1993. The Department of Public Works Engineering Division has no objection to the Missionary Church of Christ hanging a banner over Niagara Street in the vicinity of Maryland Street, providing the following conditions are met: - The banner must be made of fabric that allows air to flow through it. - The bottom of the banner must be at least 14 feet 6 inches above every portion of the street below it. - The banner cannot be hung from a traffic signal pole and must not interfere with the visibility of any traffic signal. - If the banner is to be secured to street light standards, the exact location and number of street light standards to be utilized must be supplied to the Street Lighting office, Room 501 City Hall. This information must be supplied at least two (2) weeks prior to the erection of the banner. - The banner must be tied down in a secure manner so that it will not "come loose" at any time during the period for which it will be hung. - A bond, and insurance naming the City of Buffalo as additional insured, in the amount of one million dollars ($ 1,000,000.00) must be filed with the City before the banner can be hung. RECEIVED AND FILED. No. 46 Conditions for Erection of a Banner Across Niagara Street-Revival Item No. 221 C.C.P., 07/20/93 This is in response to C.C.P. #221 of July 20, 1993. The Department of Public Works - Engineering Division has no objection to the Missionary Church of Christ hanging a banner over Niagara Street in the vicinity of Maryland Street, providing the following conditions are met: - The banner must be made of fabric that allows air to flow through it. - The bottom of the banner must be at least 14 feet 6 inches above every portion of the street below it. - The banner cannot be hung from a traffic signal pole and must not interfere with the visibility of any traffic signal. - If the banner is to be secured to street light standards, the exact location and number of street light standards to be utilized must be supplied to the Street Lighting Office, Room 501 City Hall. This information must be supplied at least two (2) weeks prior to the erection of the banner. - The banner must be tied down in a secure manner so that it will not "come loose" at any time during the period for which it will be hung. - A bond, and insurance naming the City of Buffalo as additional insured, in the amount of one million dollars ($ 1,000,000.00) must be filed with the City before the banner can be hung. RECEIVED AND FILED. No. 47 C. Anderson Request Improvements Campus East School Area Item #89, C.C.P. June 22, 1993 The Department of Public Works has issued a work order directing Niagara Mohawk to install eight (8) additional lights on Appenheimer Street. The new lights will provide better nighttime illumination on this street. The street must be surveyed to compile a list of quantities for sidewalk replacement. We are, however, in the middle of a very busy construction season with no available personnel to conduct such a survey at this time. Once we identify the existing concrete damage, the street will be included in a sidewalk replacement contract at the earliest possible opportunity. RECEIVED AND FILED. No. 48 Claim for Wages Various Employees From August 30 through September 12, 1993 members of the crew of the Cotter worked while an agreement was being formulated to cover various aspects of their employment. On May 1, 1993 each employee should have been transferred from the Engineering Division to the Buildings Division and their salaries set at $30,000. Due to the fact that the above mentioned agreement was not finalized and approved by the Budget Director, the Civil Service Commission and Your Honorable Body, the proper appointments could not be filed. The Comptroller has thus ruled that a claim must be approved by Your Honorable Body to pay these employees. I respectfully request that you authorize the Comptroller to issue the following payments for time worked from August 30 through September 12, 1993: George Evans 10 days @ $114.922 per day = $1,149.22 Michael Farrel 10 days @ $114.922 per day = $1,149.22 John Harter 10 days @ $114.922 per day = $1,149.22 Joseph Kalinowski 10 days @ $114.922 per day = $1,149.22 William Robinson 10 days @ $114.922 per day = $1,149.22 In addition please pay for any shift differential and/or holiday pay. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 1, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from August 30, 1993 through September 12, 1993 to the individuals listed and in the amounts specified In the above communication. PASSED. AYES- 12 NOES- 0. No. 49 Permission to Enter into an Agreement for the Federal-Aid Project - Leroy Avenue Bridge Over Conrail - BIN 2-26058-0 Item No. 82 C.C.P. 2-2-93 I hereby request permission from your Honorable Body authorizing the Mayor to enter into an agreement with the New York State Department of Transportation for the preliminary engineering and right-of-way incidental phases, which will be performed by New York State Department of Transportation consultants. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 22, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the New York State Department of Transportation for the preliminary engineering and right-of-way incidental phases for Leroy Avenue Bridge over Conrail BIN 2-26058-0. PASSED. AYES- 12 NOES- 0. No. 50 Permission to Prepare Plans & Specifications and Advertise Proposals for the Striping of City Streets and the Repair of Traffic Equipment/Systems I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for various projects as specified below: 1. Striping of various City Streets - 1993-94 2. Repair of Traffic Signal Equipment/Systems - 1993-94 Funds for these projects will be available in Capital Projects Funds #200-401-507-00-000. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 23, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for Striping of various city Streets 1993-94 and Repair of Traffic Signal Equipment/Systems 1993-94, with said costs to be charged to Capital Projects Fund #200-400-507-00-000. ADOPTED. No. 51 Engage Engineer Lift Bridge and Fixed Bridge Repair Work I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bid for repair work on lift bridges and fixed bridges. This work will include insulating the tower of the Ohio Street Lift Bridge, which is heated and houses computer components; to remove New York State Department of Transportation structural flags and deck work to the South Park Lift Bridge. Funds for this project are available in the Division Of Engineering Bond Fund Account #200-401-507. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 12, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a consultant engineer to prepare plans and specifications and advertise for bids for repair work on lift bridges and fixed bridges. This work will include insulating the tower of the Ohio Street Lift Bridge; to remove New York State Department of Transportation structural flags and deck work to the South Park Lift Bridge. Funds for this project are available in Division of Engineering Bond Fund Account #200-401-507. ADOPTED. No. 52 Request Permission to Advertise for Bids and Award a Contract for the Painting of Street Light Standards We hereby request your Honorable Body's permission to advertise for bids and to award a contract for the painting of street light standards. Funds for this project are available in Bond Account 200-401-507-00-000. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 11, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to advertise for bids and award a contract for the painting of street light standards. Funds for this project are available in Bond Account #200-401-507-00-000. ADOPTED. No. 53 Permission to Hire a Consultant for Work on the Breakwall and River Walk I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bid for the necessary repair work to the Breakwall and River Walk from LaSalle Park to the Ontario Street Boat Ramp. This work shall consist of both emergency temporary repair work and permanent repairs. Funds for this project are available in Division of Engineering Bond Fund Account #200-401-542. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 12, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a consultant engineer to prepare plans and specifications and advertise for bid for the necessary repair work to the Breakwall and River Walk from LaSalle Park to the Irene K. Gardner overpass bridge, as described in the above communication. Funds for this project are available in Division of Engineering Bond Fund Account #200-401-542. ADOPTED. No. 54 Permission to Engage Services of Consultant Engineers for the St. Columba Square Subdivision Group #348 I hereby request your Honorable Body's permission to engage the services of a consultant engineer to prepare plans and specification and receive bids for the following project, including inspection Services: Construction of new asphalt concrete pavement for the proposed St. Columba Square Project between Hickory and Spring Streets. Funds for the St. Columba Square Project are available in the Department of Community Development Bond Account #200-717-038. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 2, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a consultant engineer to prepare plans and specifications and receive bids, including Inspection Services for Construction of new asphalt concrete pavement for the proposed St. Columba Square Project between Hickory and Spring Streets, as described in the above communication. Funds for this project are available in the Department of Community Development Bond Account #200-717-038. ADOPTED. No. 55 Report of Bids Reconstruction of Curbs & walk In South District -1993 Item No. 23, C.C.P. 05/11/93 This is to advise your Honorable Body that 1 have advertised and received bids on August 11, 1993 for Reconstruction of Curbs & walk in South District - 1993. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be wither more or less than the total bid. The following bids were received: M.P.J. Contracting, Inc. $116,514.75 I hereby certify that the lowest responsible bidder for the above project is M.P.J. Contracting, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-007-00-000 in an amount not to exceed $116,514.75, plus approved unit prices not to exceed an additional amount of $31,485.25. The engineer's estimate for this work is $148,000.00. The attached is certified to be a true and correct statement of the lowest bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 15, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 23, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Curbs & Walk in South District - 1993, to N.P.J. Contracting, Inc., the lowest responsible bidder in the amount of $116,514.75, with said cost to be charged against the Capital Projects Fund #200-401-007-00-000 in an amount not to exceed $116,514.75, plus approved unit prices not to exceed an additional amount of $31,485.25. PASSED. AYES- 12 NOES- 0. No. 56 Report Of Bids Reconstruction of Hopkins St. - Tifft St. to Amber St. - 1993 Group #363 Item No. 23 C.C.P. 05-11-93 This is to advise your Honorable Body that I have advertised and received bids on August 04, 1993 for Reconstruction of Hopkins St. - Tifft St. to Amber St. - 1993. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Cemulini-Pecoraro Constr., Corp. $ 94,133.90 (Low) Destro Brothers Concrete Co. $ 97,699.70 M. Passucci Construction, Inc. $120,759.57 Collana Bros. Constr. Co., Inc. $121,637.50 I hereby certify that the lowest responsible bidder for the above project is Cemulini-Pecoraro Constr., Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-097-00-000 in an amount not to exceed $94,133.90, plus approved unit prices not to exceed an additional amount of $3,619.55. The engineer's estimate for this work is $97,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 08, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated August 19, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Hopkins Street - Tifft Street to Amber Street - 1993, to Cemulini-Pecoraro Construction Co., the lowest responsible bidder in the amount of $94,113.90, with said cost to be charged against the Capital Projects Fund #200-401-097-00-000 in an amount not to exceed $94,133.90, plus approved unit prices not to exceed an additional amount of $3,619.55. PASSED. AYES- 12 NOES- 0. No. 57 Report of Bids New Roof Northwest Branch Library 271-277 Grant Street I advertised on August 17, 1993 and received the following sealed proposals which were publicly opened and read on August 31 1993. McGonigle & Hilger Roofing Co. 63,520 Progressive Roofing Co. 64,925 Jemco Roofing Co. 65,000 Grove Roofing Co. 68,500 Jos. A. Sanders, Inc. 69,975 Jameson Roofing co. 72,634 I hereby certify that the foregoing is a true and correct statement of all bids received and that McGonigle & Hilger Roofing Co. in the amount of $63,520.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-019 - Division of Buildings. Estimate for this work was $55,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated August 31, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for a New Roof at the Northwest Branch Library, to McGonigle & Hilger Roofing Co., the lowest responsible bidder in the amount of $63,520.00, with said cost to be charged against the B/F 200-402-019 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 58 Repairs to the Stevenson Street and Southside Parkway Bridges Item #66, C.C.P. of 9-1-92 As authorized and directed by your Honorable Body in Item #66, CCP of 09/01/92, I have advertised and received bids on August 25, 1993 for the Repairs to the Stevenson Street and Southside Parkway Bridges. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid 1) Paul J. Gallo Contracting, Inc. $ 91,780 (Low) 2) M. Falgiano Construction Co. $128,600 3) Nichter Associates, Inc. $147,180 4) Amherst Painting $238,300 5) M. Passucci Construction $279,000 I hereby certify that the lowest responsible bidder for the above project is Paul J. Gallo Contracting, Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Funds 200-401-002 and 200-401-004 in an amount not to exceed $91,780, plus approved unit prices not to exceed an additional amount of $9,178.00. The engineers estimate for this work is $200,000. The attached is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by November 9, 1993. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fahey moved: That the communication from the Department of Public Works, dated September 1, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Repairs to the Stevenson Street and Southside Parkway Bridges, to Paul J. Gallo Contracting, Inc., the lowest responsible bidder in the amount of $91,780.00, with said cost to be charged against the Division of Engineering Bond Funds 200-401-002 in an amount not to exceed $91,780.00, plus approved unit prices not to exceed an additional amount of $9,178.00. PASSED. AYES- 12 NOES- 0. No. 59 Report of Bids New Park Benches Symphony Circle I asked for and received the following Informal Proposals for the New Park Benches, Symphony Circle on August 27, 1993. Feddington Allen, Inc. 8,280.00 Nichter Construction 8,600.00 LCP Construction Corp. 12,445.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Feddington-Allen, Inc. in the amount of $8,280.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-074 - Division of Buildings. Estimate for this work was $8,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated August 26, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the New Park Benches, Symphony Circle, to Feddington Allen, Inc., the lowest responsible bidder in the amount of $8,280.00, with said cost to be charged against the B/F 200-402-074 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 60 Report of Bids New Press Box Tifft Farm Playfields I advertised on August 17, 1993 and received the following sealed proposals which were publicly opened and read on August 31, 1993. Miller Enterprises, Inc. 30,490 Feddington-Allen, Inc. 31,880 Nichter Associates, Inc. 31,900 LCP Construction Corp. 32,870 Williams Trucking Co. 39,357 I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc. in the amount of $30,490.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-083 - Division of Buildings. Estimate for this work was $28,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated August 31, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the New Press Box, Tifft Farm Playfields, to Miller Enterprises, Inc., the lowest responsible bidder in the amount of $30,490.00, with said cost to be charged against the B/F 200-402-083 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 61 Report of Bids Reconstruction of Skylight Over Pump Room Colonel Ward Station Complex I advertised on August 17, 1993 and received the following sealed proposals which were publicly opened and read on August 31, 1993. J.R. Filipone, Inc. 75,000 Nichter Associates, Inc. 95,495 I hereby certify that the foregoing is a true and correct statement of all bids received and that J.R. Filipone, Inc. in the amount of $75,000 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 416-980-043 - Division of Water. Estimate for this work was $100,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated August 31, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Reconstruction of Skylight over Pump Room, Colonel Ward Station Complex, to J.R. Filipone, Inc., the lowest responsible bidder in the amount of $75,000.00, with said cost to be charged against the B/F 416-980-043 - Division of Water. PASSED. AYES- 12 NOES- 0. No. 62 Change in Contract - Change Order No. 3 Valve Replacement in Broadway Avenue from Fillmore Avenue to Bailey Avenue City Contract No. 91693600 I hereby submit to your Honorable Body the following change order with Mar-Wal Construction Company, Inc. for work relating to Valve Replacement in Broadway Avenue from Fillmore Avenue to Bailey Avenue, City Contract No. 91693600. New Work Item No. 2 - Install two (2) 6'4"x7'4"x10" thick pre-cast concrete flat roof slabs with 24" opening for a manhole frame and cover for Broadway valve replacement project. Remove existing roofs, remove or adjust the top course of brick and remove debris from the vaults. Cost will be $4,500/each vault. Increase: $ 9,000.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. This work was not foreseen prior to bidding. SUMMARY: Original amount of Contract $ 183,650.00 Amount of Change order No.1 - Increase$ 9,625.00 Amount of Change order No.2 - Increase$ 29,800.00 Amount of Change order No.3 - Increase$ 9,000.00 CURRENT AMOUNT OF CONTRACT $ 232,075.00 Funds in the amount of $9,000.00 are available in the Division of Water's 416-982-020 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. Mr. Fahey moved: That the communication from the Department of Public Works dated August 9, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 3 to Mar-Wal Construction Company, City Contract No. 91693600, a net increase in the amount of $9,000.00, as more fully described in the above communication, for additional work relating to Valve Replacement in Broadway Avenue from Fillmore Avenue to Bailey Avenue. Funds for this contract are available in the Division of Water's 416-982-020 account. PASSED. AYES- 12 NOES- 0. No. 63 Change in Contract Reconstruction of Grover Cleveland Monument Area I herewith submit to Your Honorable Body the following change in Contract for LCP Construction Corp. C-91686100: 1. Remove Benches, damaged foundations, install new foundations, reset stonework and caulk. Add $ 14,565.24 2. Repair damaged walls in areaway. Clean, patch and repair window and louver, caulk. Add 9,404.01 3. Credit for not removing statue, not removing concrete floor and not caulking floor stone area. Deduct 7,000.00 The damage and deterioration underneath the benches was not apparent until construction revealed it. The area way walls had deteriorated seriously since contract was bid. Upon additional measurements settlement of statue was not severe enough to warrant its removal. The foregoing change results in a net increase in the contract of Seventeen Thousand Three Hundred Sixty-seven and 73/100 Dollars ($17,367.73). Summary Original Amount of Contract $62,283.00 Amount of this change (No. 1) Add 17,367.73 Revised Amount of Contract $79,650.73 This change 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 in B/F 200-402-005 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated August 5, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to LCP Construction Corporation, C-91686100, a net increase in the amount of $17,367.73, as more fully described in the above communication, for additional work relating to Reconstruction of Grover Cleveland Monument Area. Funds for this contract are available in B/F 200-402-005 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 64 Change Order #1 For Erie Basin Marina Project Item #55 C.C.P. 7-22-86 I hereby submit to your Honorable Body the following change in contract for the above named project. During the course of construction it was decided that certain items could be left out of the contract to better adapt that phase (Phase 3) to the next phase scheduled for this Fall (Phase 4). See C.C.P. #35 of 4/13/93. Those deletions amount to $51,748.64. It was also decided that additional work would be necessary to adapt Phase 3 to Phase 4. This work amounted to $77,243.70. Content Summary Original Contract Amount 966,129.00 Deletions 51,748.64 Additions 77,243.70 New Contract Amount 991,624.06 Original Contract Amount 966,129.00 Total Change Order 25,495.06 I hereby certify that the cost of this change order is fair and equitable for the work involved and I respectfully request that your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue this change order to Herbert F. Darling Co. Inc. Funds for this project are available in the Division of Engineering Bond Fund Account # 200-401-088. Mr. Fahey moved: That the communication from the Department of Public Works dated September 2, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Herbert F. Darling Co., a net increase in the amount of $25,495.06, as more fully described in the above communication, for additional work relating to Erie Basin Marina Project. Funds for this contract are available in the Division of Engineering Bond Fund Account #200-401-088. PASSED. AYES- 12 NOES- 0. No. 65 Change in Contract Kleinhans Music Hall General Construction I hereby submit to Your Honorable Body the following change in contract for the General Construction, Kleinhans Music Hall, Symphony Circle, Buffalo, New York, BRD, Inc., C #91685100: 1. Balance hoistway doors on chairlift and provide a static relief valve. Add $1,412.20 2. Repair two (2) pair of balcony exit doors to stairhalls. Add 229.25 3. Omit grating for sewage ejector pit. Deduct 460.00 4. Repair plaster at exterior door, landing B-203. Add 805.00 5. Omit toilet partition. Deduct 575.00 6. Add acoustic treatment to remaining back- stage ceiling. Add 17,830.75 7. Change hardware group on doors #17, 18 and 19 and omit kickplates on aluminum doors. Deduct 993.60 The foregoing results in a net increase in the contract of Eighteen Thousand Two-Hundred Forty-Eight and 60/100 Dollars ($18,248.60). Summary: Original Amount of Contract $895,000.00 Change Order #1 (CCP 3/2/93; item #24) Deduct 27,437.00 Amount of This Change (#2) Add 18,248.60 Revised Amount of Contract $885,811.60 These changes were requested by the Kleinhans staff and consulting architect and could not have been foreseen at the time the contract was let. Costs have been reviewed by the consultant and the Department of Public Works and found to be fair and equitable. Funds are available in CPF 200-402-068 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated August 31, 1993, be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order No. 2 to BRD, Inc., C #91685100, a net increase in the amount of $18,248.60, as more fully described in the above communication, for additional work relating to Kleinhans Music Hall General Construction. Funds for this contract are available in CPF 200-402-068 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 66 Change Order #2 Emergency Repairs to the Bumper System - Ohio Street Lift Bridge Item # 54 C.C.P. 9-1-92 Item # 39 C.C.P. 1-19-93 I hereby submit the following change in contract for the emergency work to the bumper system on the Ohio Street Lift Bridge. In mounting existing reconditioned bumper units next to the new bumper units, a depth incompatibility necessitated the fabrication of steel extensions for three units. Also, item three was created when the deck failure at the Michigan Street Lift Bridge forced opening of the Ohio Street Bridge. On three occasions partial traffic had to be allowed on the closed Michigan Bridge. Nichols, Long & Moore was engaged to provide this service. The following unit price quantities were increased to accommodate this work. Item # Change in Unit Total Quantity Price Addition 1. 10910.2 (Steel Replacement) + 160 lbs x $0.75 = $ 120.00 2. 10910.3 (Welds) + 3 lbs x $260.00 = $ 780.00 3. Maintenance & Protection of Traffic Lump Sum = $1949.25 Total Change Order $2849.25 Contract Summary Original Contract Amount $133,380.00 Change Order #1 $ 47,390.00 Change Order #2 $ 2,849.25 New Contract Amount $183,619.25 Therefore, I respectfully request your Honorable Body's approval of this change order and that you authorize the Commissioner of Public Works to issue the change order to Nichols, Long & Moore. Funds for this additional work are available in the Department of Public Works Bond Fund Accounts #200-401-546 and #200-401-023. Mr. Fahey moved: That the communication from the Department of Public Works dated July 19, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 2 to Nichols, Long & Moore, a net increase in the amount of $2,849.25, as more fully described in the above communication, for additional work relating to Emergency Repairs to the Bumper System - Ohio Street Lift Bridge. Funds for this contract are available in the Department of Public Works Fund Accounts #200-401-546 and #200-401-023. PASSED. AYES- 12 NOES- 0. No. 67 Change in Contract Change Order No. 3 Water Filtration Plant - Zebra Mussel Control - City Contract No. 91667200 I hereby submit to your Honorable Body the following change order with D.A. Elia Construction Corporation for work relating to General Construction for the Zebra Mussel Control at the Water Filtration Plant, City Contract No. 91667200. Work Item No. 2 - Chlorine Building Deletion of miscellaneous water and chlorine gas piping insulation; deletion of two (2) doors in storage area; deletion of calibration of the two chlorine scale dials; and, deletion of new manholes and piping at the north perimeter of the new chlorine facilities. These installations were not required. Also, cost of labor, material and equipment to install one additional pressure gauge in the chlorine storage area. Decrease: $ 3,077.37 Work Item No. 10 - Additional Solution Pipe Original control called for 500 I.f. of additional solution pipe. This installation was not required. Decrease: $10,000.00 New Work Item No. 3 Installation of four (4) vacuum switches, PLC programming, chlorine ejector drain, valve and modifications to the chlorine storage area loading doors. Increase: $12,401.90 The above changes could not be foreseen at the time the contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $ 1,225,125.00 Change Order No. 1 - Increase $ 16,790.00 Change Order No. 2 - Increase $ 7,175.00 Change Order No. 3 - Decrease $ 675.47 CURRENT AMOUNT OF CONTRACT $ 1,248,414.53 Funds in the amount of $675.47 are to be credited to the Division of Water's 415-980-077 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. Mr. Fahey moved: That the communication from the Department of Public Works dated September 1, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 3 to D.A. Elia Construction Corporation, City Contract No. 91667200, a net decrease in the amount of $675.47, as more fully described in the above communication, for additional work relating to Water Filtration Plant - Zebra Mussel Control. Funds in the amount of $675.47 are to be credited to the Division of Water's 415-980-077 account. PASSED. AYES- 12 NOES- 0. No. 68 Reduction in Retention City Contract No. 91667200 The contract for zebra mussel control is substantially completed with the exception of items amounting to $16,290.03. It is respectfully requested that your Honorable Body authorize a reduction of the five percent (5%) retention which is presently being withheld from D.A. Elia Construction Corporation in the amount of $61,456.22 to a retention of .05% or $6,160.62. The $6,160.62 and the cost of work to be completed will be withheld from the contractor until all work is completed satisfactorily. Mr. Fahey moved: That the communication from the Department of Public Works dated September 1, 1993, be received and filed; and That the Commissioner of Community Development, be and he hereby is authorized to the reduce the retention from 5% to .05% or $6,160.62, on a contract with D.A. Elia Construction Corporation, City Contract No. 91667200 for Zebra Mussel Control. PASSED. AYES- 12 NOES- 0. No. 69 2151 Niagara Street Sign within Right-Of-Way Mr. James Popeila of Advision Signs, acting as agent for Ultimate Auto Service, located at 2151 Niagara Street, has requested permission to install a sign which would encroach city Right-Of-Way at said address. The proposed sign would be attached perpendicular to the building face and measure six feet in length and four feet in height. The Department of Public Works has reviewed Mr. Popiela's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinance 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 of the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any land all loss and damage arising out of the construction, maintenance, use and removal of said sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 70 Change in Parking Restrictions on Seventh Street between Connecticut Street and Busti Avenue Item No. 215 C.C.P. 07/20193 This is in response to C.C.P. #215 of July 20, 1993. This communication requested that the Department of Public Works eliminate the current alternate parking restrictions on Seventh Street between Connecticut and Busti for the period of May 1 thru October 30 each year. Alternate Parking was instituted on City Streets for the following main reasons: 1.) to ease and facilitate the movement of emergency vehicles into and through the street; 2.) to aid and assist in trash pick-up and removal, including bulk-trash removal; 3.) to allow snow removal equipment the ability to "clean/clear" a street from curb to curb; 4.) to provide a safer street for both vehicles and pedestrians. At the present, this section of Seventh Street contains Type II Alternate Parking. This is the least restrictive type of parking allowed in the City and it provides for overnight and weekend parking on both sides of the street. While this scenario coupled with Seventh's 30' street width does not severely hamper access of emergency vehicles, removal of all parking restrictions would definitely impede, if not prevent, trash removal. Bulk trash removal would certainly be a problem as the equipment necessary for this work could no longer operate on this street. Also, the true safety of pedestrians and vehicles using this thoroughfare must be questioned. Furthermore, how do we remove restrictions in this section of Seventh without providing the same parking opportunities for other portions of this street? How do we not provide this service for other sections of the City where parking issues are of equal concern? Therefore, given the above, the Department of Public Works does not deem it feasible to, and will not, make any change to the current parking restrictions on Seventh Street between Connecticut Street and Busti Avenue. REFERRED TO THE COMMITTEE ON FINANCE. No. 71 Certificate of Appointment Appointment effective September 1, 1993 in the Department of Public Works, Division of Buildings, Lynne F. Eno, 128 Gilbert Street, Buffalo 14206, to the position of Typist, Permanent, at the Intermediate starting salary of $ 20,826. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 72 Certificate of Appointment Appointment effective August 2, 1993 in the Department of Public Works, Division of water, Lori Anne Hahn, 67 Sidway Street, Buffalo, 14210, to the position of Data Control Clerk, Permanent, at the Intermediate starting salary of $21,874. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 73 Certificate of Appointment Appointment effective August 23, 1993 in the Department of Public Works, Division of Buildings, Mary R. Zizzo, 181 Newfield Street, Buffalo 14207, to the position of Sr. Account Clerk - Typist, Temporary, at the Maximum starting salary of $ 23,126. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 74 Certificate of Appointment Appointment effective August 31, 1993 in the Department of Public Works, Division of Water, Norbert H. Kuntz, 209 Gold Street Buffalo, 14206, to the position of Truck Driver, Temporary, at the Maximum starting salary of $ 23,728. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 75 Certificate of Appointment Appointment effective August 30, 1993 in the Department of Public Works, Division of Water, Donald J. Titus, Jr., 92 Briggs Avenue Buffalo, NY 14207, to the position of Dispatcher, Permanent, at the Intermediate starting salary of $24,429. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 76 Certificate of Appointment Appointment effective August 30, 1993 in the Department of Public Works, Division of Water, Rocco Dellaneve, 66 Strathmore, Avenue, Buffalo, NY 14220 to the position of Pumping Plant Operator, Permanent, at the Maximum starting salary of $32,051. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 77 Certificate of Appointment Appointment effective July 22, 1993 in the Department of Public Works, Division of Water, Robert P. Finley, 106 Rebecca Park Buffalo, 14207, to the position of Chief Pumping Plant Engineer Permanent, at the Maximum starting salary of $ 33,376. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 78 Certificate of Appointment Appointment effective July 19, 1993 in the Department of Public Works, Division of Water, Samuel C. Campagna 32 Colonial Circle Buffalo, 14213, to the position of Water Treatment Supervisor, Permanent, at the Maximum starting salary of $40,853. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 79 Bids- Street Tree Planting 75 Trees- Fall 1993 This Department prepared plans and specifications for sealed informal proposals for the above project. Bids were opened and read at 11:00 A.M. on August 26, 1993 and were as follows: Gleason's Nursery $ 8,425.00 low Village Green Landscape $10,860.00 The Davey Tree Expert, Co. $12,018.00 Orchard Park Lawn & Landscape $14,225.00 I hereby certify that Gleason's Nursery, Inc., is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to Bond Fund 200-601-036 citywide Tree Removal and Planting I hereby certify that the foregoing a true and correct statement of all bids received. REFERRED TO THE COMMITTEE ON FINANCE. No. 80 Bids-Citywide Tree Trimming 1993 This Department prepared plans and specifications and advertised for sealed proposals for the above project. Bids were opened and publicly read at 11:00 A.M. on August 26, 1993 and were as follows. Mar-Wal Construction Co. $33,075.00 low Tom-Kat Thee Service $37,195.00 Monroe Tree Service $59,200.00 C. Mays Thee Experts no bid Asplundh Tree Service no bid The Davey Tree Expert Co. no bid I hereby certify that Mar-Wal Construction Company is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to account 60-1 Parks 100-601-012-00-538. I hereby certify that the foregoing is a true and correct statement of all bids received. REFERRED TO THE COMMITTEE ON FINANCE. No. 81 Bids-Citywide Tree Removal 1993 This Department prepared plans and specifications and advertised for sealed proposals for the above project. Bids were opened and publicly read at 11:00 A.M. on August 26, 1993 and were as follows: Tom-Kat Tree Service $51,625.00 low Monroe Thee Service 62,250.00 C. Nays Tree Experts no bid The Davey Tree Expert Co. no bid Asplundh Tree Service no bid I hereby certify that Tom-Kat Tree Service is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to account 60-1 Parks 100-601-012-00-583. I hereby certify that the foregoing is a true and correct of all bids received. REFERRED TO THE COMMITTEE ON FINANCE. No. 82 Request Authorization To Trade-in Certain Equipment For New Equipment We request authorization from Your Honorable Body to trade-in the following equipment: 1 F10 with fairway reels- PK8I02 1 Bombadier- PK605 1 Bucket truck- PK7800 1 Chipper Wayne 1 Seeder Jacobson 1 Scraper Gill 10 Blitzer reels 1 Mott hammer 3 Cushman carts 2 Smithco A.F.C. We wish to trade-in this equipment in exchange for the following equipment: 2 Cushmans, liquid-cooled gas engine, model #898809, 27hp 2 Smithco Superrakes II Mr. Fahey moved: That the communication from the Department of Parks, dated August 2, 1993, be received and filed; and That the Commissioner of Parks be and he hereby is authorized to trade-in the equipment as listed in the above communication, in exchange for 2 Cushmans, liquid-cooled gas engine, model #898809, 27hp and 2 Smithco Superrakes 11. PASSED. AYES- 12 NOES- 0. No. 83 Waive Tee Times - So. Park Golf Club One must realize that our golf courses are public courses that should be made available to the public anytime the course is open. We do not accept any reservations at any of the courses except for these special requests. Persons who purchase season passes and those who don't have season passes should be able to play at their leisure. Through the years that I have been the Commissioner, by and far the complaint I have received the most is from persons going to the golf course to enjoy a round of golf only to be told that they would have to wait an hour or two because of a scheduled tournament. So in order not to do away with tournament requests, I thought that if a group wants "special" consideration at a certain time at a golf course, they should be willing to pay an extra couple of bucks. This, by the way, was actually suggested to me by a couple of disgruntled golfers. This is the reason this fee was proposed by the Administration and eventually approved by Your Honorable Body. However, as you well know, it is the prerogative of the Common Council to amend or remove this fee for special group reservations. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF POLICE No. 84 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, attached hereto, please find copy of the following check: 8155-00095103 $6,292.65 This check was received by this department and duly deposited in Trust & Agency Account #630-065-271-00-000. RECEIVED AND FILED. No. 85 1992 STOP DWI Program Item No. 149, C.C.P. 07/21/92 Please be advised that the 1992 STOP DWI Contract between the City of Buffalo and the County of Erie has been fully executed. A copy of this contract is on file with the Office of Administration and Finance, the Division of Audit and the Division of Administration and Communications within the Buffalo Police Department. RECEIVED AND FILED. No. 86 Certificate of Appointment Appointment effective August 23, 1993 in the Department of Police, Debbie Renzoni, 20 Brost Drive, Buffalo 14220, to the position of Budget Examiner, Provisional, at the Maximum starting salary of $37,552. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF FIRE No. 87 Certificate of Appointment Revised Appointment effective 2/18/91 in the Department of Fire Thomas Feeney, 174 Alabama St., Buffalo, N.Y. 14204, to the position of Laborer, Permanent, at the Intermediate starting salary of $ 8.12 hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 88 Certificate of Appointment Appointment effective 7/29/93 in the Department of Fire Pamela Mayer, 184 Aldrich Place, Buffalo, NY 14220, to the position of Account Clerk Typist, Permanent, at the Intermediate starting salary of $21,275.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 89 Certificate of Appointment Appointment effective 8/30/93 in the Department of Fire James R. Durham, 67 Riverview, Buffalo, New York 14210, to the position of Superintendent of Fire Vehicle Maintenance, Permanent, at the Maximum starting salary of $38,408. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 90 City Employee Housing & Subsidy 293 Abby Street For your information, please be advised that the Legal Stenographer assigned to my office, Carol Parot, will be purchasing the home at the above referenced address under the City of Buffalo New Construction Affordable Housing Program. As you are aware, I am President of the Buffalo Neighborhood Revitalization Corporation which administers the purchase subsidies for this program on behalf of the City and BURA. Ms. Parot will be obtaining such subsidy. In this regard, I have exercised no discretionary authority with respect to Ms. Parot's application for a subsidy and she qualified for such application on the same basis as other applicants. RECEIVED AND FILED. No. 91 Request Article 78 Proceeding - Selection of Ellicott Management Corporation for Development Projects and Request Board of Ethics Review Possible Conflict of Interest - Carl Paladino Item No. 194, C.C.P., 7/6/93 Your Honorable Body has requested that "the Corporation Counsel to begin an Article 78 Proceeding to disclose the methods used for selection of Ellicott Management Corporation as developer of Carroll Street". I do not understand what legal theory we might proceed under the prosecution of such a proceeding. Given the availability of federal and state freedom of information provisions, it appears that the Council could solicit such disclosure without recourse to judicial intervention at the present time. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 92 Commission A Security Alarm Board Item No. 144, C.C.P., 7/6/93 The above-referenced resolution requested that this department "add a Security Alarm Examining Board to the existing list of examining boards." In order to establish such a board, direction is needed from your Honorable Body in the following areas: number, method of appointment, term and qualifications of board members; powers and duties and scope of authority of the board. RECEIVED AND FILED. No. 93 Rescind sale of 84 Days Park, a/k/a 20 Wadsworth Purchaser: Frederick J. Rzemek No. 112, C.C.P. 6/13/89 The above item was passed by Your Honorable Body during your meeting of June 13, 1989. The Purchaser was informed of the execution of the deed and the closing on February 21, 1991. However, Frederick J. Rzemek has refused to consummate this transaction on the grounds that the condemnation proceedings which conferred title on the City of Buffalo was defective. Since, it appears that Frederick J. Rzemek is not willing to accept title from the City of Buffalo, I request Your Honorable Body to authorize the rescission of the sale, refund of the One Thousand Seven Hundred Dollars ($1,700.00) deposit and return the parcel to inventory for future sale. Attached is an approving motion to accomplish this purpose. REFERRED TO THE COMMITTEE ON FINANCE. No. 94 Buffalo Village Associates Refund of Excess Property Taxes On February 24, 1975 a contract was executed by the City of Buffalo and Buffalo Village Associates limiting real property tax liability as to certain parcels of real estate pursuant to the authority of and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Finance Housing Law. This contract places a real property tax ceiling of $32,400 per year as to combined City and County taxes and exempts the real property from any further similar tax for forty (40) years, beginning April 5, 1974. Consequently, if in any one fiscal year the combined City and County real property tax shall exceed $32,400 the taxpayer shall be entitled to a refund of the excess. The parcels subject to the contract are: 76 Johnson Park 269-273 Georgia Street 111 Prospect Avenue 66 Whitney Place 186-190 Carolina Street 59 Whitney Place 222 Carolina Street 33-37 Whitney Place 209-211 Carolina Street The present application covers fiscal year 1992-93. The City refund owed is as follows: 1992-93 City Tax $54,708.22 1993 County Tax 15,053.57 Total tax paid 69,761.79 Less combined ceiling 32,400.00 Overpayment 37,361.79 City's share = .784215 x $37,361.79 = $29,299.68 The taxpayer requests a refund of $29,299.68. Since Council approval is necessary, we request that you authorize the Comptroller to draw a check on the appropriate account in the sum of $29,299.68 payable to Belmont Management Co., Inc., agent for Buffalo Village Associates, said check representing the city share of excess real property taxes paid for fiscal year 1992-93 relating to the above-listed properties. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ASSESSMENT. No. 95 Waive Tee Time South Park Golf Club Item No. 89, C.C.P., 7/20/93 The fifty ($50) dollar reserve tee time fee is assessed by your Honorable Body on an hourly basis, and applies uniformly to all city park golfers (daily, seasonal, park club and non-park club member tournaments) who invoke the privilege and pay the fee. The ordinance imposing such a fee does not provide for Council-granted waivers for any event. We are concerned that under the existing ordinance any waiver of the reserve tee time fee for park club member tournaments would be unlawfully discriminatory against every other classification of golfers. REFERRED TO THE COMMITTEE ON FINANCE. No. 96 Clergy Parking Pearl Street at Cathedral Item No. 23, C.C.P., June 22, 1993 Item No. 155, C.C.P., May 11, 1993 The above-referenced items concern reserving an area on a city street for clergy parking. Under Charter Section 178, the City Engineer is empowered to make, rescind and amend" traffic regulations. The designation under consideration would come within his jurisdiction. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 97 Housing Code Violation Fees Item No. 181, C.C.P., July 6, 1993 We are concerned about making ability to pay a condition of obtaining justified and legitimate requests for extension or additional time to remedy housing code violations. We are also concerned about using city revenues for loans to provide individuals except as provided for by the Private Housing Finance Law. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 98 Landlord Licensing Item Nos. 186, 195, 231, C.C.P., July 20, 1993 Item No. 182, C.C.P., July 6, 1993 Given the wide variety of opinions among Councilmembers, we would respectfully defer to a majority consensus being reached on the above referenced items before undertaking extensive drafting. We would note that questions of homestead and non-homestead classification are matters exclusively of state law. We would also note our support for a simple three year certificate of occupancy ordinance as recommended as part of the administration's budget package. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 99 Jury Trial For Housing Code Violations Item No. 183, CCP July 20, 1993 The legal procedures and rights regarding Buffalo City Court matters, including the trial of criminal complaints alleging violations of the Buffalo City Code, are matters of state concern and governed exclusively by state law. We cannot amend the City Code to require jury trials as requested by Mr. Bakos. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 100 Standardized Housing Procedures Item No. 184, C.C.P., July 20, 1993 We do not believe that the above-referenced item requires advice or input from this office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 101 Review Penalties Buffalo Code Violations Item No. 185, July 20, 1993 We believe that the uniformity of penalties for violation of the City Code is both rational and efficacious. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 102 Bicycle Registration Item No. 98, C.C.P., July 20, 1993 The above-referenced item requests that legislation be introduced "requiring mandatory registration of all bicycles in the City of Buffalo" as a means of identifying stolen (and presumably recovered) bicycles. There is no legal reason the City can not do this, should Your Honorable Body so desire. Such a program could be either voluntary or mandatory. The Law Department is prepared to assist Your Honorable Body should you decide to go forward in this area. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 103 Federal Communication Commission Form No. 328 (Certification of Franchising Authority to Regulate Basic Cable Service Rates, etc.) Attached is Federal Communication Commission (FCC) Form No. 328 (Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition). Several items on the form should be noted. First, Question 2(c) requires that a copy of Form No. 328 be served on TCI by first-class mail on or before the date the form is sent or delivered to the FCC. Although checked "Yes" on the attached, this service has not been effected since this office is not aware of a formal legislative decision to certify. Second, Questions 3 and 5 require that the City adopts regulations consistent with the FCC regulations governing basic service and which provide a reasonable opportunity for consideration of views of interested parties. Similarly, this office has not prepared these regulations in the absence of a decision to certify, however, we are ready to assist should this decision be made. Finally, Question 4(b) requires that the City has the personnel to administer these regulations. It has recently come to our attention that the New York State Commission on Cable Television has voted to approve the issuance of a Notice of Proposed Rulemaking whereby it is proposing rules to implement the Cable Act of 1992 and attendant regulations. Although this office has yet to receive a copy of the proposed rules, it is apparent that they will offer each municipality three options, namely: (1) regulation of basic service rates and associated equipment by certification (i.e. filing the attached FCC Form No. 328 and being granted certification; (2) having the State Cable Commission regulate such rates in accordance with FCC regulations; or (3) deferring formal regulation for good cause. This office will further advise the Common Council on these options when the proposed rules are available. We hope these comments have been helpful. As always, this office stands ready to assist the Common Council in telecommunication affairs. REFERRED TO THE SPECIAL COMMITTEE ON CATV. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 104 Amend Capital Budget -Crossroads Arena At the present time, the Common Council and Administration has approved $7.5 million in the City's Capital Budget for the proposed Crossroads Arena. Prior to FY 93-94, $2.35 million was approved for planning including environmental assessment work, and $5.15 million was approved in FY 93-94 for site acquisition, utility relocation and demolition. As discussions between the City, County, Sabres and other public agencies have continued, it has become apparent that the $115.5 million Crossroads project will require authorization for the City to spend up to $10 million for its role in this project. In order to avoid future capital budget amendments, and to finalize City financial planning for this project, I respectfully request the Council formally authorize increasing the City's capital budget for the Crossroads Arena project from $7.5 million to $10 million. REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE. No. 105 Report of Informal Bids Tree Planting Fall 1993 The Department of Community Development requested and received the following informal proposals to plant 105 trees on various streets throughout the City of Buffalo: CONTRACTOR BID Gleason Nursery, Inc. $12,075.00 4780 Sheridan Drive Williamsville, New York 14221 The Dave Tree Exert Company $13,125.00 1200 Commerce Parkway Lancaster, New York 14086 Village Green Landscape $15,403.20 P.O. Box 522 Hamburg, New York 14075 Birch Grove Landsc. & Nursery, Inc. No Bid Post Office Box 117 East Aurora, New York 14052 Orchard Park Lawn & Landscape No Bid 6250 Ward Road Orchard Park, New York 14127 Pine Ridge Nursery, Inc. No Bid P.O. Box 141 7135 Davis Road West Falls, New York 14170 Great Lakes Landscaping No Bid 4248 Ridge Lea Road Amherst, New York 14226 Designer's Estimate $15,000.00 The foregoing is a true and correct abstract of all bids received and Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in the amount of $12,075. Funds for this work are available in Community Development Capital Project Account 200-717-010. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc. in the amount of $12,075. REFERRED TO THE COMMITTEE ON FINANCE. No. 106 Increase in Contract 91698400 Lincoln Playground 1993 I hereby submit to Your Honorable Body the following Change in Contract for Lincoln Playground 1993, with Gleason's Nursery, Inc., Contract No. 91698400: 1. Remove one stump in order to install asphalt paving Add $125.00 2. Break out and remove old sand box and play equipment foundations, including: breaker rental, 19 hours labor, overhead and profit Add $999.96 The foregoing change results in a net increase of $1,124.96. SUMMARY: Original Contract Amount $75,804.50 Change Order No. 1 (This Change) Add $ 1,124.96 Revised amount of Contract $76,929.46 This change could not be foreseen at the time the contract was let. The cost for this additional work was reviewed by the Department of Community Development and found to be fair and equitable. Funds for this work are available in C.P.A. 200-717-005. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a Change Order to Gleason's Nursery, Inc., in the amount of $1,124.96 as set forth above. Mr. Fahey moved: That the communication from the Department of Community Development, dated August 30, 1993, be received and filed; and That the Commissioner of Community Development, be and he hereby is authorized to issue a change order No. 1 to Gleason's Nursery, Inc., Contract No. 91698400, a net increase in the amount of $1,124.96, as more fully described in the above communication, for additional work relating to Lincoln Playground 1993. Funds for this contract are available C.P.A. 200-717-005. PASSED. AYES- 12 NOES- 0. No. 107 Request to Purchase 118 Fenton Street Item No. 88. C.C.P. 7/20/93 The Department of Community Development is opposed to the sale of 118 Fenton Street for the construction of a single-family home. The basis of our opposition is as follows: The subject parcel is twice the size of an average. single-family, residential parcel. As this parcel is zoned R2. a higher residential density may be more appropriate. This parcel is contiguous to, and surrounded by, several "paper" streets (Willett, Holly, Fenton). Land should not be "parceled" for sale to individuals or corporations until an overall plan for the entire area is completed. Our Department feels that it would not be in the City's best interest to sell any waterfront parcels until the City's Local Waterfront Revitalization Program (LWRP) is adopted. This Department is on record (June 29, 1993, Item No. 83. C.C.P. June 22. 1993 - PZR Enterprise Request to Purchase Paper Streets Willett, Holly, Fenton Streets) opposing the sale of any paper streets in the vicinity of the Buffalo River until the LWRP is completed. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF STREETS No. 108 Certificate of Appointment Appointment effective August 25, 1993 in the Department of Street Sanitation, Ronald A. McGregor, 244 Vermont St., Buffalo, New York 14213, to the position of Truckdriver, Permanent, at the intermediate starting salary of $22,463. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 109 Certificate of Appointment Appointment effective July 26, 1993 in the Department of Street Sanitation, Kosmoski, David J. 121 Miller Avenue, Buffalo, New York 14212, to the position of Truckdriver, Temporary, at the intermediate starting salary of $23,096. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 110 Certificate of Appointment Appointment effective August 6, 1993 in the Department of Street Sanitation, David J. Kosmoski, 121 Miller Avenue, Buffalo, New York 14212, to the position of Truckdriver, Permanent, at the intermediate starting salary of $23,096. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 111 Certificate of Appointment Appointment effective August 23, 1993 in the Department of Street Sanitation, to the position of Equipment Operator, Permanent, at the Maximum starting salary of $24,443. Michael J. Martin, 24 Lamont Pl., Buffalo, New York 14207 Mark A. Talowski, 299 Abbott Rd., Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 112 Certificate of Appointment Appointment effective July 26, 1993 in the Department of Street Sanitation, Richard C. Nagel, 195 Alaska Street, Cheektowaga, New York 14206, to the position of Dispatcher, Permanent, at the Maximum starting salary of $25,100. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 113 Appointment- Brian Hayden Director, Division of Housing and Property Inspections Please be advised that Mr. Brian Hayden has been appointed to the position of Director of the Division of Housing and Property Inspections effective 8/30/93 with exempt Civil Service status, at an annual salary of $44,484.00. Mr. Hayden will be responsible to the undersigned; he will oversee the department's property code and-related functions as described in the City Charter and Ordinances. Mr. Hayden has served in various inspectional and administrative capacities for the Board of Education and the City of Buffalo since 1983. RECEIVED AND FILED. No. 114 Transfer of Title, Urban Homestead Program 400 Breckenridge Lot Size 34 x 63.82 The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 400 Breckenridge lot size 34 x 63.82; and it has been determined that the parcel of land is inappropriate for neither construction of new housing nor the construction of public recreation facilities. Judith Marshiello of 402 Breckenridge indicated that she will clean, improve, and maintain the lot in the event that she obtain(s) title to the property under the Urban Homestead Program. A letter was sent to All the other adjacent property owner(s), giving them until July 21, 1993 to express interest in obtaining 400 Breckenridge under the Urban Homestead Program. We have received no response(s). We, therefore, recommend that the city-owned vacant lot be designated as a homestead property and be transferred to Judith Marchiello on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, be received and filed; and That the City-owned property commonly known as 400 Breckenridge is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Judith Marchiello, 402 Breckenridge for the amount of One and no more Dollars ($1.00), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. PASSED. AYES- 12 NOES- 0. No. 115 Transfer of Title, Urban Homestead Program 287 Moselle Street Lot Size 30 x 105 The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 287 Moselle Street lot size 30 x 105 ; and it has been determined that the parcel of land is inappropriate for neither construction of new housing nor the construction of public recreation facilities. Charles H. Moss of 285 Moselle Street indicated that he will clean, improve, and maintain the lot in the event that he obtain(s) title to the property under the Urban Homestead Program. A letter was sent to the other adjacent property owner(s), giving them until June 1, 1993 to express interest in obtaining 287 Moselle under the Urban Homestead Program. We have received no response(s). We, therefore, recommend that the city-owned vacant lot be designated as a homestead property and be transferred to Charles H. Moss on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. REFERRED TO THE COMMITTEE ON FINANCE, AND THE COMPTROLLER. No. 116 Report of Emergency Bids for 1033 Broadway-Removal of Loose Bricks From Facade Only Due to the very serious and hazardous condition of the property listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (l) the structural condition of the building and the hazardous condition which exists at this location, i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers for this work was solicited on August 19, 1993 and that the contract will be awarded to the lowest responsible bidder for the removal of loose bricks from the facade of the building located at 1033 Broadway. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1033 Broadway Maplewood Construction City of Buffalo $2,800.00 The removal of bricks from the facade of the building located at 1033 Broadway was ordered by John Hannon of the Real Estate Division. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Capital Projects Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of inspections and Community Revitalization, dated July 28, 1993, be received and filed; "and That the award by the Commissioner of inspections and Community Revitalization of an emergency removal of loose brick from the facade of the building located at 1033 Broadway, to Maplewood Construction at a cost of $2,800.00, is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED. AYES- 12 NOES- 0. No. 117 Report of Emergency Bid for Demolition of 155 Dewey Avenue and 89 Verplanck Street Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of "the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 10, 1993 and that the contracts will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 155 Dewey Avenue Lebis Enterprises, Inc. City of Buffalo $3,525.00 89 Verplanck Street Sam DelMonte Demolition City of Buffalo $4,900.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully report to your Honorable Body that the cost of the projects is to be charged to the Capital Projects Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated August 11, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Enterprises, Inc. at a cost of $3,525.00, relating to 155 Dewey Avenue, to Sam DelMonte Demolition, at a cost of $4,900.00, relating to 89 Verplanck Street, are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED. AYES- 12 NOES- 0. No. 118 Report of Emergency Bids for Demolition 36 & 43 Kane and 279 Walnut Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (l) the structural condition of the building and the hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 22, 1993 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 36 Kane Street and garage Pilot Construction Gary N. Battaglia $4,900.00 346 Village Ct., Fort Lee. ,N.J. 43 Kane Street Lebis Enterprises, Inc. DF D Taam $5,557.00 249 Pearl St., Buffalo. ,NY 279 Walnut Street Integrated Waste Special Services Hattie Eatman(dec) c/o $6,700.00 Millie Jones, 41 Norway Pk. Buffalo, NY Please be further advised that the demolition contractor will arrange for the water and sewer terminations and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, 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 benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 119 Report of Emergency Bid - 118-120 East Utica Street Due to the very serious and hazardous condition of the above-stated property, Commissioner Joseph V. Schollard requested an emergency bid for the stabilization of the front wall, removal of the loose brick and clean up of the property. The inspection was conducted by this department and it has determined that immediate action was necessary due to (l) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to perform this work were solicited on July 18, 1993 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 118-120 East Utica Street Lebis Enterprises, Inc. City of Buffalo $19,999.00 We, therefore, respectfully report to your Honorable Body that the cost of the project is to be charged to the Capital Projects Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated July 28, 1993, be received and filed;" and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Enterprises, Inc. at a cost of $19,999.00, relating to 118-120 East Utica Street, is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED. AYES- 12 NOES- 0. No. 120 Report of Emergency Demolition Bid for 534 Wilson Street Due to the very serious and hazardous condition of the fire-damaged building located at 534 Wilson Street, Fire Commissioner Paul Shanks requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 13, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 534 Wilson Street Lebis Enterprises, Inc. Michael Lewicki 20 Morrell Street $3,700.00 Brantford, Ontario Canada Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 121 C. Kalevar - Oppose Demolition of 136 Adams Item No. 80, C.C.P 6/22/93 With regard to the above subject, please see the attached letter which is this departments response to Mr. Kalevar. We trust this letter will answer all your inquiries. Should you need more information please contact this office. RECEIVED AND FILED. No. 122 Transfer of Paint Program Funds to Lead Abatement Program This is in response to your referral of the subject item to this department. Most, if not all, of the Community Based Organizations have planned or requested that their CDBG Paint Program allocations be transferred into one or more of their Security Programs, (e.g. - security lights, deadbolt locks, glass block windows, steel doors and frames, etc.). The demand for the CBO Security Programs is extremely high on a city-wide basis. Also, CBO's are evaluated by HUD utilizing a ratio of CDBG administrative dollars versus CDBG program dollars delivered to low-mod income residents. Therefore, it is extremely important that CBO's retain and spend all available CDBG housing program dollars made available to them. Furthermore, it is my department's recommendation that the Joint City-County Lead Action Task Force meet with the CBO's to discuss this transfer request, prior to the Council or my department taking any action on this matter. If the CBO's request that their paint program allocations be transferred into lead abatement pilot program and the district Council members support those requests -I will honor those transfers. Please consider that the Department of Inspections and Community Revitalization has been working with the Lead Action Task Force and is prepared to initiate a pilot program with the $59,000 of CDBG funds allocated in the City's Year 19 Entitlement Grant. Also, we are working with the task force in reapplying for federal lead abatement program funds. Another issue that is of concern is the number of homeowners who have been waiting for free paint to correct cited exterior paint violations. The department strongly believes that if free paint is provided using federal funds; then it will also be necessary for those homes to be tested for exterior lead paint content. The cost of testing will greatly exceed the value of the free paint. Additionally, if high levels of lead paint are detected, then the homeowners will be responsible for the removal or abatement of the exterior lead contamination. The $59,000 allocated for a pilot program will at least allow the testing and remedial work for some homes and it will provide valuable experience in determining testing and remedial procedures and costs for addressing lead contamination. Finally, I will honor my commitment to take action on this matter, based upon requests from the CBO's and the district Council members. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 123 Proposed Citizen Review Board Division of Housing and Property Inspections Item No. 186, C.C.P. 7/20/93 With regard to the above subject please be advised a citizen review panel has already been established by resolution No. 185 on April 27, 1993. This resolution was sponsored-by Mr. Fahey. The persons appointed to this committee are as follows: Mr. Dennis Gehl Ms. Laura McClusky Mr. Kevin Horaigan Ms. Mary Ann Coyle Mr. John H. Emmons Mr. Richard Kern Mr. Plezetta Teague Rev. Terry O'Connell Mr. Robert Sienkiewicz Ms. Jeanine Baran The Department of Inspections and Community Revitalization has previously been studied by the Buffalo Financial Planning Commission and is currently being assessed by Price Waterhouse. We feel that this section of this resolution has been previously addressed. Currently an employee handbook/procedural manual is being discussed as to whether some of our procedures should be in the ordinances or addressed as a policy of our department. Arbitrary statements such as describing our Building Inspectors as free independent agents serve no purpose. The Building Inspectors are empowered through the Charter of the city of Buffalo as designees of the Commissioner of Inspections and Community Revitalization. All employees of this Division take exception to the mention of graft, corruption or extortion in association with our department. All Building Inspectors are required to attend classes sponsored by the Codes Division of New York to obtain and keep current their status as state certified code enforcement officers. The creation of more bureaucratic road blocks will not enhance our operation. Fine tuning and stricter enforcement of the laws already at hand are where our efforts should be directed. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 124 Standardized Housing Inspection Procedures Item No. 184, C.C.P. 7/20/93 With regard to the above subject please be advised the standardization of the duties within the Division of Housing and Property Inspections has been discussed and is currently being addressed by either changes in the ordinances and/or an employee handbook/procedural manual. Standardized practices as mentioned in this resolution are best suited to a mechanical task that is repeated over and over again. The work that is performed by our Building Inspectors is subjective in nature. Interpretation of the code is handled in a standardized manner, but to demand that the application and enforcement be standardized takes away from the human element necessary to perform the necessary community relations that many of our inspectors are noted for having. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 125 Review Penalties-Investment Properties Item No. 185, C.C.P. 7/20/93 With regard to the above subject please be advised our department has no, and does not want, any input into the judicial actions and procedures as outlined by the Charter of the city of Buffalo. We are an enforcement agency. The judicial actions taken on these properties are not within our area of expertise. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 126 Request Ordinance- Jury Trial for Housing Violations Item No. 183, C.C.P. 7/20/93 With regard to the above subject please be advised our department has no, and does not want, any input into the judicial actions and procedures as outlined by the Charter of the city of Buffalo. We are an enforcement agency. The judicial actions taken on these properties are not within our area of expertise. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 127 Certificate of Appointment Appointment effective 8/23/93 in the Department of Inspections & Community Revitalization, Vera J. Villani, 309 North Street, Apt. #4 Buffalo 14201, to the position of Marketing Manager, Permanent at the Intermediate starting salary of $36,288.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 128 Final 1993/94 Budget Attached hereto, for filing as a public record, is the final 1993-1994 Budget for the City of Buffalo, reflecting the Mayor's Budget Recommendations plus the subtractions and additions made by the Common Council. RECEIVED AND FILED. No. 129 Resignation of Director of the Budget I am writing to inform you that I will be resigning my position as Director of the Budget to accept an appointment as Vice President in M & T Bank's Corporate Finance department. I am grateful for the opportunities I've been given and the experience I've gained from working for the City of Buffalo for the last eighteen years. It has been a positive experience for me and I will miss it. I am looking forward to expanding my horizons with a new career in the private sector. I want to thank the members of the Common Council for what I considered a good working and personal relationship. Understandably there were times when we disagreed on policy matters and budgetary strategies but I believe we always shared the common concern of doing our respective jobs to the best of our ability. I am happy my new job keeps me in Buffalo and I hope to stay involved in community activities. If I can be of any assistance to Your Honorable Body in the future please let me know. RECEIVED AND FILED. No. 130 Sick Leave Bank Local 264, AFSCME, AFL-CIO Kenneth Wheeler Attached please find a Memorandum of Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO, establishing a Sick Leave Bank for the sole use of Kenneth Wheeler, an employee of the Department of Street Sanitation. Since the Common Council approval is not required for agreements involving no monetary expenditures, this Memorandum of Agreement is being filed for informational purposes only. RECEIVED AND FILED. No. 131 Quarterly Budget Report Item No. 189, C.C.P. 9/15/92 Pursuant to the above referenced resolution I am filing with Your Honorable Body a 1992-93 fourth quarter budgetary status report prepared by the Division of Budget & Management Services. This is a follow-up to the first three quarterly reports filed on 10/21/92, 2/19/93 and 5/4/93 with year end projections of ($2,478,000), ($51,000) and $410,000 respectively. Today's report projects a year ending positive fund balance of $396,000 which is consistent with the third quarter projection. I must note this projection is a preliminary estimate based on information currently available to the budget office. The official year end results are subject to final audit by the City Comptroller and review by the city's outside independent auditor. A summary of the 1992-93 estimated results: Detail of Estimated Revenue Variances ($ millions) + 6.1 Sale of Water System (budgeted $20.4 and realized $26.5) + .9 Cable Franchise Tax + .4 Mortgage Tax - 5.4 State spin-up legislation not approved until 1993-94 - 3.3 Utility tax, legislation to increase not approved by State Senate - 2.6 Property Taxes - 1. 1 PVB Revenues - .4 Sales Tax -.6 Miscellaneous Dept. Revenues, .3 Interest Earnings, .3 Billboard Fees - 6.0 Total Revenue Shortfalls Detail of Estimated Appropriation Variances ($ millions) + 3.5 Reduction of refuse disposal costs from arbitration proceedings + 3.6 Appropriation for liquidation of prior years' deficit (reserve for revenue shortfalls) + 17. 1 Appropriation to repay 1991-92 deficit budget note (planned surplus) + 1.0 Net fringe benefit savings - pension rates lower than original estimate - 1.3 Various departmental shortfalls including utilities, medical, legal and salt - .9 BMHA deficit (.7) and tax adjustment account (.2) +23.0 Summary of Budget Variances ($ millions) $23 Expenditures below appropriation - 6 Revenue Shortfalls $ 17 1992-93 Surplus - 16.6 Prior Years' Accumulated Deficit $ .4 Cumulative Surplus as of 6-30-93 Through hard work and sacrifice the prior years accumulated deficit of $16.6 million has been eliminated and as of June 30, 1993 there is an estimated positive fund balance of approximately $400,000. The city can take great pride in its accomplishments. I believe receiving quarterly budget reports from the Budget Director and the Comptroller, as requested by the above referenced resolution, is helpful to the city and is a practice that should be continued. I would recommend that the city charter be amended to require such reports in the future. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 132 Waive Tee Times South Park Golf Club Item No. 89, C.C.P. 7/20/93 In reference to the letter received from the South Park Golf Club concerning waiving the fee for its clubs but leaving it intact for "outside" tournaments please be advised that the City makes no distinction between your club and "outside" tournaments. The fee was simply imposed to help offset the cost of having the course reserved i.e. loss of revenue for that reserve time period. It is estimated that six foursomes could start every hour, one every ten minutes. This translates into 24 golfers per hour could have started if the course was not reserved. Given the best and worst cases this loss of revenue is between $120 and $312 per hour of reserved time. So the $50 fee for reserved time is very reasonable considering the potential loss of revenue to the City for daily greens fees. in addition, the $3,000 estimated for the reserve tee time would also not be realized. Also, consider the position of the season golf permit holder. Every hour the courses are reserved means less playing time the permit is good for and consequently less value to the purchaser. These are public courses and one group of citizens should not be given special concessions over another group. If Your Honorable Body elects to do away with this fee I recommend that it be done during the next budget cycle and before the next golf season in fairness to all the season permit holders and those who have already paid to reserve-tee time this year. REFERRED TO THE COMMITTEE ON FINANCE. No. 133 Certificate of Appointment Appointment effective August 2, 1993 in the Department of Administration and Finance, Division of Parking Enforcement, Joyce Giangrosso, 33 Crestwood, Buffalo, 14216, to the position of Data Control Clerk, Provisional, at the Maximum starting salary of $23,017. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 134 Certificate of Appointment Appointment effective July 27, 1993 in the Department of Administration & Finance, Divisions of Labor Relations David J. Gannon, 409 Cumberland Avenue, Buffalo, New York 14220 to the position of Insurance Contract Analyst, Permanent, at the Maximum starting salary of $30,370. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 135 Certificate of Appointment Appointment effective in the Department of Administration & Finance, Division of Budget, Pamela K. Asarese, 51 Cheltenham Drive, Buffalo, New York 14216, to the position of Senior Management Analyst, Temporary, at the Intermediate starting salary of $39,200. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 136 Appointment of Director of the Division of Substance Abuse Services Pursuant to the powers vested in me under Article 14-A of the Charter of the City of Buffalo, please be advised that I have appointed Mr. Joseph M. Mazza, 238 Albany Street, Buffalo, New York 14213, Director of the Division of Substance Abuse Services, effective August 5, 1993. Mr. Mazza has been an employee with the City of Buffalo Department of Human Resources since January of 1985. He has functioned as a Clinical Counselor with the Division for Youth, Acting Assistant Director of the Division for Youth, Substance Abuse Counselor with the Division of Substance Abuse Services, Deputy Director of the Division of Substance Abuse Services and Acting Director of the Division of Substance Abuse Services. Mr. Mazza holds a Bachelor of Science Degree in Business Administration from the State University of New York at Buffalo College, with a minor in Education. Mr. Mazza also is on numerous Advisory Boards pertaining to substance abuse programs and has an extensive background in volunteer work in the community. Based on the above, I hereby certify that Mr. Mazza is fully qualified to serve as Director of the Division of Substance Abuse Services. RECEIVED AND FILED. No. 137 Certificate of Appointment Appointment effective July 22, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Kathleen Cunningham-Isch, 317 Woodside Ave., Buffalo 14220, to the position of Senior Substance Abuse Specialist, Permanent, at the Maximum starting salary of $ 29,304. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 138 Certificate of Appointment Appointment effective August 30, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Peter T. Juliano, 505 Lisbon Avenue, Buffalo 14215, to the position of Fiscal Supervisor, Provisional, at the Maximum starting salary of $30,852. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 139 Consolidation of Mailroom, Printshop and Purchase Departments Item #81, CCP, 4/13/93 Please be appraised that I do not have knowledge of any meeting currently scheduled for the above item. However, please be advised that if requested I would certainly attend the next scheduled Special Education Committee meeting and will prepare an outline of how my department perceives a consolidation for central purchasing. As mentioned in our April 1993 meeting' I support Central Purchasing, Mailroom and Printshop with not only the Board of Education but with all departments, agencies and authorities. (BMHA, BSA). Given a standardized computerized purchasing system and union participation, I believe the above can happen. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE BUFFALO SEWER AUTHORITY No. 140 Sandblasting at Thruway Bridges # 172, CCP, July 6, 1993 The Buffalo Sewer Authority's Industrial Waste Section investigated one of the work site areas at Niagara and Austin Streets and found the sandblasting area to be totally enclosed by canvas tarps. There was no evidence of any material entering the Buffalo Sewer system. There was no use of liquid in this process and the material fell to the ground within the confines of the canvass tarps. At the end of the day this material was vacuumed up by a vactor truck and placed in 55 gallon drums for subsequent disposal. Any questions regarding the security of these drums should be directed to the New York State Department of Environmental Conservation. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 141 Notice of Hearing Amend Waterfront Redevelopment Plan (Item No. 56, C.C.P. July 20, 1993) I hereby inform you that a public hearing has been scheduled to be held before the Common Council at its regular meeting of Tuesday, September 7, 1992, at 2:00 P.M. in the Council Chamber. The notice of hearing was properly published in the Buffalo News on Friday ,September 3, 1993, and a copy of said publication are attached hereto. RECEIVED AND FILED. No. 142 Take From the Table Waterfront Redevelopment Plan Amendment- Crossroads (Item No. 56, C.C.P. July 20, 1993) Mr. Fahey moved that the above item which is the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for its consideration. Seconded by Mr. Pitts. ADOPTED. No. 143 Hearing Waterfront Redevelopment Plan Amendment - Crossroads Arena (Item No. 56, C.C.P. July 20, 1993) Mr. Fahey moved that the above item is properly before the Common Council and the hearing be opened. CARRIED. Appearances :Samuel Iraci, Comm. of Community Development Tim Tielman John McKendary Dr. Michael Gramley Tom Leary Mr. Fahey moved that the hearing be closed. CARRIED. LAID ON THE TABLE. No. 144 Columbia Holdings Ltd., Notice of Filing of Rezoning Approval with County Clerk Please be advised that Columbia Holdings Ltd., has filed a certified copy of the Rezoning of 1092-1108 Broadway from R-2 to C-2 District, granted by the Common Council, under Item No. 133, C.C.P. March 16, 1993. The date of filing with the County Clerk was August 16, 1993. RECEIVED AND FILED. No. 145 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state, beginning Noon, Wednesday, August 11, 1993 and ending Noon, Sunday, August 15, 1993. RECEIVED AND FILED. No. 146 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 Management Officer Police Department Dept. of Audit & Control - Accounting Division Dept. of Assessment Dept. of Human Resources - P.A.L. RECEIVED AND FILED. No. 147 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Public Works - Frank Mangione, William Pernick, Dennis MacMillan Human Resources - James Harrington RECEIVED AND FILED. No. 148 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 998 Exchange Zonkers Barbara Kijek 1108 Elmwood Christopher Evans 1323 Seneca Thruway Inn Mary Jo Osborne 389 Forest Raymond Murray 517 Washington T&J's Other Place Kevin Silveg 1504 Hertel Bona Vista, Inc. RECEIVED AND FILED. No. 149 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller - Jean Reeves, Joseph Pendolino, Michele Szymanski Assessment- Anthony Krayna Public Works- Patrick Sole, Jr., Richard Ammerman Parks- Colleen Sumbrum Fire- Joyce Giangrosso, Ralph Skinner Community Development- Evelyn Allen Inspections and Comm. Revit.- Vera J. Villani, Brian Hayden Administration and Finance- Margaret Pierakos Human Resources- Denise Green RECEIVED AND FILED. No. 150 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board Emergency Medical Services Board Municipal Housing Authority Zoning Board of Appeals RECEIVED AND FILED. No. 151 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective July 22, 1993 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. Dawn Bryant, 236 Roslyn, Buffalo, NY 14215 Printis Hinton, 236 Humboldt, Buffalo, NY 14215 Appointment effective July 27,1993 in the Department of Common Council, Joseph Andriaccio, 133 Wright St., Buffalo, NY 14215 to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr. Appointment effective August 3, 1993 in the Department of Common Council, Brian Smith, 388 Crescent Avenue, Buffalo, NY 14214 to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Appointment effective July 19, 1993 in the Department of Common Council, Robert Dempsey, 140 Elmwood, Buffalo, NY 14201, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr. Appointment effective August 12, 1993 in the Department of Common Council, William F. Trezevant, 143 Loepere St., Buffalo, NY 14212 to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00 hr. Appointment effective July 26, 1993 in the Department of Common Council, Kelly A. Dargavel, 58 Brost Drive, Buffalo 14220 to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. Appointment effective August 17, 1993 in the Department of Common Council, Jennifer Fecio, 291 Downing, Buffalo, 14220 to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. No. 152 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT & CONTROL Appointment effective August 2, 1993 in the Department of Audit and Control, Division of Real Estate, Todd H. Allen 32 Lonsdale Road, Buffalo, New York 14205, to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.21 hr. Appointment effective July 26, 1993 in the Department of Audit & Control, Division of Real Estate, to the position of Laborer I, seasonal, at the Flat starting salary of $ 6.21 hr. Barace S. Shaw, 936 East Delavan, Buffalo, NY 14215 Daniel A. Martinez, 24 Colonial Circle, Buffalo, NY 14213 DEPARTMENT OF PUBLIC WORKS Appointment effective August 2, 1993 in the Department of Public Works Division of Water, to the position of Clerk, Seasonal at the Flat starting salary of $ 5.20/Hr. Mary Fay, 108 Ramona Avenue, Buffalo, 14220 Mary Frances Fay, 11 Pawnee Parkway, Buffalo, 14210 Ann M. Finger, 336 Eden Street, Buffalo, 14220 Appointment Effective August 2, 1993 in the Department of Public Works, Division of Water, Marjorie Sansanese, 19 Admiral Road, Buffalo, 14216, to the position of Account Clerk Temporary, at the Flat starting salary of $5.46/Hr. Appointment effective 7/19/93 in the Department of Public Works, Division of Engineering, Patrick Sullivan, 77 St. Johns Parkside, Buffalo, NY 14220, to the position of Bridge Operating Engineer, Seasonal, at the Flat starting salary of $ 7.30 hr Appointment effective August 23, 1993 in the Department of Public Works, Division of Buildings, Michael Szwajkos, 696 LaSalle Avenue, Buffalo 14215, to the position of Superintendent of Supplies I, at the Minimum starting salary of $ 24,437. DEPARTMENT OF PARKS Appointment effective July 20, 1993 in the Department of Parks, Division of Recreation to the position of Lifeguard, Seasonal, at the Minimum starting salary of $5.20 hr. David Allen, 1041 Elmwood Ave., Buffalo 14222 Michael J. Fessel, 67 Marbeth Ct., Buffalo 14220 Jean Kersten, 38 Athol Street, Buffalo 14220 Courtney Wilson, 29 Wilkes, Buffalo 14215 Appointment effective July 27, 1993 in the Department of Parks, Division of Recreation, Jamal Harris, 482 Norfolk Ave., Buffalo 14215, to the position of Lifeguard, Seasonal, at the Minimum starting salary of $ 5.20 hr. Appointment effective August 5, 1993 in the Department of Parks, Division of Recreation, Deborah Pelczynski, 12 Hertel Ave. Apt. 901, Buffalo 14207, to the position of Lifeguard, Seasonal at the Minimum starting salary of $5.20 hr. Appointment effective August 5, 1993 in the Department of Parks Division of Recreation, Mark Flanagan, 43 Hammerschmidt, Buffalo 14210, to the position of Supervising Lifeguard, Temporary at the Minimum starting salary of $ 5.98 hr. Appointment effective August 5, 1993 in the Department of Parks, Division of Recreation, David Hassett, 183 St. James PI. Buffalo 14222, to the position of Laborer II, Seasonal, at the Minimum starting salary of $ 6.92 hr. Appointment effective August 26, 1993 in the Department of Parks Division of Recreation, Wayne Brooker, 77 Knox, Buffalo, New York 14216, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.65 hr. Appointment effective August 16, 1993 in the Department of Parks, Division of Recreation, Larry Middlebrooks, 141 Leroy Ave. Buffalo 14214, to the position of Laborer II, Seasonal at the Flat starting salary of $ 6.92 hr. DEPARTMENT OF POLICE Appointment effective July 12, 1993 in the Department of Police, Theresa Fronckowiak, 7 Krupp, Buffalo 14212, to the position of Civilian School Crossing Guard TSAR, Seasonal at the Minimum starting salary of $5.49 hr. Appointment effective August 27, 1993 in the Department of Police, to the position of Civilian School Crossing Guard Seasonal, at the Minimum starting salary of $ 5.49 hr. Sophie Piatkowski, 23 Thomas Street, Buffalo 14206 Clara D Daniszewski, 221 Coit Street, Buffalo 14212 Appointment effective August 4, 1993 in the Department of Police, Katherine M. Smith, 97 Parkview, Buffalo 14210 to the position of Laborer I, Seasonal, at the Minimum starting salary of $6.24 hr. Appointment effective August 21, 1993 in the Department of Police, to the position of Municipal Security Guard, Provisional, at the Minimum starting salary of $9.35 hr. Willard Anderson, 222 Mulberry Street, Buffalo 14204 David J Cegielski, 59 Koons Avenue, Buffalo 14212 Raymond R Fischer, 163 Hastings, Buffalo 14215 Anthony W Grisanti, 55 Crowley Street, Buffalo 14207 Peter C Nigrelli, 160 Bloomfield Avenue, Buffalo 14220 Christopher M Koch, 177 Lockwood Avenue, Buffalo 14220 Thomas E Mann, 284 Miami Street, Buffalo 14204 Juan Torres, 158 Koester Street, Buffalo 14220 Appointment effective August 21, 1993 in the Department of Police, to the position of Cellblock Attendant, Provisional, at the Minimum starting salary of $21,206. James C Bugman Sr., 163 Mariemont Avenue, Buffalo 14220 Edward J Carney, 1001 Tifft Street, Buffalo 14220 Christopher W Dill, 362 Military, Buffalo 14207 Brian O. Griffin, 263 Okell Street, Buffalo 14220 Stephen A Langdon, 311 Downing Street, Buffalo 14220 Kate M McKeating, 164 Tuscarora Road, Buffalo 14220 John S Petch, 84 Harding Road, Buffalo 14220 Daniel P Redmond 117 Dundee Street Buffalo 14220 Robert V Rosenswie III, 69 W Cleveland Dr., Buffalo 14215 Stephen P Schulz, 366 Linden Avenue, Buffalo 14216 Anthony H Sisti Jr., 20 Lewis Street, Buffalo 14206 Kenneth J Stroud, 139 Arden Avenue, Buffalo 14215 Appointment effective August 21, 1993 in the Department of Police to the position of Senior Cellblock Attendant, Provisional, at the Minimum starting salary of $23,243. Patrick P Baggott 1340 E Delevan Avenue, Buffalo 14215 Mary E Bettinger, 74 Bloomfield Avenue, Buffalo 14220 Daniel F Horan, 1072 Abbott Road, Buffalo 14220 Patrick E Morrow, 432 Lisbon Avenue, Buffalo 14215 Michael P Szpara, 50 Junior Avenue, Buffalo 14210 Appointment effective July 30, 1993 in the Department of Police, to the position of Police Officer, Permanent, at the Minimum starting salary of $28,814. Namon L Barlow, 169 Floss Avenue, Buffalo 14215 Antonio Borelli, 83 Sheffield Avenue, Buffalo 14220 Kevin J Brautlacht, 770 W Ferry Street Apt 13B, Buffalo 14222 William T Buyers, 55 Homer Avenue, Buffalo 14216 Jeffrey C Chambless, 1290 Delaware Avenue, Buffalo 14209 Robert A Chappell, 94 York Street, Buffalo 14213 Stacey B Cooper, 11 Decker Street, Buffalo 14215 Amy L Cutler, 329 Lisbon Avenue, Buffalo 14215 Tammy L Czuprynski, 36 Guernsey Avenue, Buffalo 14207 Anne M Evans, 112 Whitfield Avenue, Buffalo 14220 David K Fay, 108 Ramona Avenue, Buffalo 14220 Anthony S Figueroa, 68 Crestwood Ave., Buffalo 14216 Donald F Genovese, 273 W Delevan Ave., Buffalo 14213 Anthony P Gullo, 1958 Delaware Ave. Apt 6, Buffalo 14216 Valerie D Hooks, 444 Wyoming Ave., Buffalo 14215 Deborah A Hyde, 7 Marine Dr. Apt 6D, Buffalo 14202 Kerry F Jones, 205 Fox St., Buffalo 14211 Akiel H Kaudeyr, 181 Jewett Ave., Buffalo 14214 Lissa M Kogut, 229 Schiller St., Buffalo 14206 John T Kujawa, 48 Unger Street, Buffalo 14210 Joseph J Martin, 76 Camden Street, Buffalo 14215 Albert Monteforte, 64 Taunton Pl., Buffalo 14216 Timothy M Mulhern, 46 Coolidge Road, Buffalo 14220 Patrick M Pascall, 2048 Seneca Street, Buffalo 14210 Carolyn J Poe, 101 Spann Street, Buffalo 14206 David A Rodriguez, 46 Claremont Ave., Buffalo 14222 Joseph E Serwon, 215 Sprenger Ave., Buffalo 14211 Ralph Skinner, 215 Mackinaw St., Buffalo 14204 Nicole L Smith, 151 Westminster Ave., Buffalo 14215 Jimmy V Starr, 192 May Street, Buffalo 14211 Gerald F Sullivan, 693 McKinley Pkwy., Buffalo 14220 Timothy J Wilke, 82 Briscoe Ave., Buffalo 14211 Linda A Wilson, 44 Lafayette Ave., Buffalo 14213 Guy T Zagara, 1849 Clinton St., Buffalo 14206 Appointment effective August 3, 1993 in the Department of Police, Michael J McCarthy, 376 McKinley Parkway, Buffalo 14220 to the position of Police Officer, Permanent, at the Minimum starting salary of $ 28,814. Appointment effective August 2, 1993 in the Department of Police, to the position of Police Lieutenant, Permanent Contingent, at the Flat starting salary of $45,105. James N Fagan, 400 West Avenue E6, West Seneca 14224 Gregg G Blosat, 181 Sterling, Buffalo 14216 Genevieve Fahmer, 463 Victoria Blvd., Kenmore 14217 Appointment effective August 2, 1993 in the Department of Police, to the position of Police Lieutenant, Permanent, at the Flat starting salary of $45,105. Harold M McLellan, 43 Park Avenue, Tonawanda 14150 Thomas R Lyon, 175 Nicholson Street, Buffalo 14216 Patrick W Reichmuth, 1160-1, Indian Church., W. Seneca 14224 Michael S Ahern, 168 Castle Hill Rd., E. Aurora 14052 Appointment effective August 30, 1993 in the Department of Police, Michael A Arcara, 8 Brimfield Court, West Seneca 14224 to the position of Police Lieutenant, Permanent Contingent, at the Flat starting salary of $45,105. Appointment effective August 2, 1993 in the Department of Police to the position of Police Captain, Permanent Contingent, at the Flat starting salary of $ 51,676. Thomas J Krug, 1034 Old Eden Evans Ctr. Rd. Angola 14006 McCarthy Gipson, 301 Forbes, Tonawanda 14150 Appointment effective August 2, 1993 in the Department of Police, to the position of Police Captain, Permanent, at the Flat starting salary of $ 51,676. Joseph Riga, 292 Hartford Street, Kenmore 14223 Mark D Morgan, 292 Kirkwood Drive, West Seneca 14224 Appointment effective August 30, 1993 in the Department of Police, Gerald W Schoenle Jr., 367 Rosedale Blvd., Amherst 14226, to the position of Police Captain, Permanent Contingent, at the Flat starting salary of $ 51,676. Appointment effective August 2, 1993 in the Department of Police, George M Loncar, 140 Garden Village Drive A5, Cheektowaga 14227, to the position of Police Inspector, Permanent, at the Flat starting salary of $56,868. FIRE DEPARTMENT Appointment effective 8/10/93 in the Department of Fire Michael D. Schiavone, 136 Vermont Street, Buffalo, New York 14213 to the position of Stock Clerk, Permanent Contingent, at the Minimum starting salary of $20,120. Appointment effective 8/25 /93 in the Department of Fire Pablo Ortiz, Jr., 1301 West River Pkwy., Grand Island, New York 14072, to the position of Assistant Fire Alarm Dispatcher, Permanent, at the Maximum starting salary of $37,033. Appointment effective 8/25 /93 in the Department of Fire, Philip Wingenbach, 656 Lafayette, Buffalo, New York 14222 to the position of Assistant Fire Alarm Dispatcher, Permanent, at the Maximum starting salary of $37,033. Appointment effective 08/02/93 in the Department of Fire to the position of Fire Lieutenant, Permanent, at the Maximum starting salary of $ 39,228. Thomas F. Hoffstetter, 233 Hamilton Ct., Kenmore, 14217 John J. Downey, 55706 Apollo Dr., Lakeview, 14085 Gregory J. Wisniewski, 77 Westchester, Cheektowaga, 14225 Thomas Ferrentino, 74 Suzette Dr., Cheektowaga, 14227 Appointment effective 08/02/93 in the Department of Fire to the position of Fire Lieutenant, Permanent Contingent, at the Maximum starting salary of $39,228. Michael Lynch, 142 Choate, Buffalo, 14220 John J. Haettich, 2747 Seneca Street, W. Seneca, 14224 Anthony E. Lawida, 185 Sundridge Dr., Amherst, 14228 Appointment effective 9/6/93 in the Department of Fire Keith B. Lo Cicero, 814 Ellicott Creek Road, Tonawanda, New York 14150, to the position of Fire Lieutenant, ,Permanent Contingent, at the Maximum starting salary of $ 39,228. Appointment effective 9/6/93 in the Department of Fire Michael Lynch, 142 Choate Avenue, Buffalo, New York 14220 to the position of Fire Lieutenant, Permanent, at the Maximum starting salary of $39,228. Appointment effective 08/02/93 in the Department of Fire to the position of Fire Captain, Permanent, at the Maximum starting salary of $ 41,141. Anthony Page, 813 Amherst St., Buffalo, New York 14216 Raymond Sullivan, 3670 Blair Ct., Blasdell, New York 14219 David Wahl, 259 Center St., East Aurora, New York 14052 Appointment effective 08/02/93 in the Department of Fire to the position of Fire Captain, Contingent Permanent, at the Maximum starting salary of $41,141. John Sixt, 347 McKinley Pkwy., Buffalo, NY 14220 Pasquale Liberti, 583 W. Delevan, Apt. 3, Buffalo, NY 14222 Appointment effective 08/02/93 in the Department of Fire to the position of Battalion Chief, Permanent, at the Maximum starting salary of $44,942. Charles A. Pitz, 40 Sawmill Court, Elma, NY 14059 Charles F. Manuella, 8 Randy Way, Cheektowaga, NY 14227 Appointment effective 08/02/93 in the Department of Fire to the position of Battalion Chief, Permanent Contingent, at the Maximum starting salary of $44,942. John Kudla, 517 Evergreen, Tonawanda, NY 14150 Joseph McMahon, 1601 Lakeview Rd., Lakeview, NY 14085 DEPARTMENT OF LAW Appointment effective July 20, 1993 in the Department of Law Dean A. Condino, 160 Winspear Avenue, Buffalo, New York 14205 to the position of Law Clerk, Seasonal, at the Flat starting salary of $ 5.85 hr. Appointment effective July 28, 1993 in the Department of Law Kristin A. Langdon, 311 Downing Street, Buffalo, New York 14220 to the position of Law Clerk, Seasonal, at the Flat starting salary of $5.85 hr. Appointment effective August 26, 1993 in the Department of Law Thomas R. Rebhan, 205 Marine Drive, Apartment 9E Buffalo, New York 14202, to the position of Law Clerk, Seasonal, at the Flat starting salary of $ 5.85 hr. DEPARTMENT OF STREET SANITATION Appointment effective July 28, 1993 in the Department of Street Sanitation Department, Brendan P. Colpoys, 778 McKinley Pkwy Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective August 18, 1993 in the Department of Street Sanitation Department, Kyle A. Dunning, 82 Eaglewood Avenue Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective August 20, 1993 in the Department of Street Sanitation, Mark A. Stetter, 92 Fillmore Avenue, Buffalo, New York 14210, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective August 24, 1993 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Mark J. Geary, 169 Smith St., Buffalo, NY 14210 Charles L. Loubert, 906 Prospect Ave., Buffalo, NY 14213 Appointment effective August 25, 1993 in the Department of Street Sanitation, Shawn Brown, 159 Kilhoffer, Buffalo, New York 14211 to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective September 1, 1993 in the Department of Street Sanitation, Sean J. Burke, 686 McKinley Parkway, Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective September 2, 1993 in the Department of Street Sanitation, Matthew T. Greene, 185 Mariemont Buffalo, New York 14220, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Appointment effective August 9, 1993 in the Department of Street Sanitation, David P. LaVango, 225 Hartwell Road, Buffalo, New York 14216, to the position of Laborer II, Permanent, at the Minimum starting salary of $9.38 hr. Appointment effective August 11, 1993 in the Department of Street Sanitation, John J. O'Neil, 128 Tuscarora Road, Buffalo, New York 14220, to the position of Laborer II, Permanent, at the Minimum starting salary of $9.38 hr. Appointment effective August 24, 1993 in the Department of Street Sanitation, to the position of Laborer II, Permanent, at the Minimum starting salary of $9.38 hr. Lawrence A. Boruszewski, 447 South Odgen, Buffalo, NY 14206 Michael P. Edwards, 51 Alsace Ave., Buffalo, NY 14220 Appointment effective July 26, 1993 in the Department of Street Sanitation, John T. Colangelo, 29 Whitehall Ave., Buffalo, New York 14220, to the position of Truckdriver, Temporary, at the Minimum starting salary of $21,206. Appointment effective August 25, 1993 in the Department of Street Sanitation, John T. Colangelo, 29 Whitehall Avenue Buffalo, New York 14220, to the position of Truckdriver, Temporary, at the Minimum starting salary of $21,206. Appointment effective August 10, 1993 in the Department of Street Sanitation, Jerome Skulski, Jr., 235 Paderewski Buffalo, New York 14212, to the position of Dispatcher, Permanent, at the Minimum starting salary of $22,406. DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 7/21/93 in the Department of Inspections &Community Revitalization Division of Housing & Property Inspections to the position of Building Inspector, Permanent, at the Minimum starting salary of $27,249. Frank L. DiGennaro, 381 Summer, Buffalo, NY 14213 Robert Golombek, 327 Weimer St., Buffalo, NY 14206 James D. Kleinsmith, 202 Mariemont, Buffalo, NY 14220 Kevin D, Klenk, 293 Linwood Ave., Buffalo, NY 14209 David L. Wischnewski, 471 McKinley Pkwy., Buffalo, NY 14220 Appointment effective Monday, 8/23/93 in the Department of Inspections & Community Revitalization , Patrick J. Lonergan 11 Arbour Lane, Buffalo 14220, to the position of Building Inspector, Permanent, at the Minimum starting salary of $27,249. DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective July 28, 1993 in the Department of Administration and Finance, Division of Parking Enforcement Timothy Golden, 360 Watson Street, Buffalo, 14212 to the position of Parking Enforcement Officer, Seasonal, at the Flat starting salary of $6.22/hr. Appointment effective July 28, 1993 in the Department of Administration and Finance, Division of Parking Enforcement to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22/hr. Helen Miranda, 7 Susan Lane, Buffalo, 14220 James H. Priebe, Jr., 319 Lincoln Parkway, Buffalo, 14220 Appointment effective August 30, 1993 in the Department of Administration and Finance, Division of Parking Enforcement Francis J. Cinelli, 101 Bloomfield Avenue, Buffalo 14220 to the position of Parking Enforcement Officer, Seasonal, at the Flat starting salary of $6.22/hr. DEPARTMENT OF HUMAN RESOURCES Appointment effective August 6, 1993 in the Department of Human Resources, Division of Youth, James Bartell, 1640 Main Street, Apt 107 Buffalo, 14209, to the position of Community Aide Temporary, at the Flat starting salary of $5.46/hr. Appointment effective July 1, 1993 in the Department of Human Resources, Division of Youth, James J. Becker, 208 Hazelwood Avenue, Buffalo, 14215, to the position of Community Field Worker Temporary, at the Flat starting salary of $ 6.55/hr. Appointment effective August 3, 1993 in the Department of Human Resources, Division of Substance Abuse Services, James W. Harrington, 22 Sprenger Avenue, Buffalo, NY 14211, to the position of Substance Abuse Specialist, Temporary, at the Minimum starting salary of $ 22,199. DEPARTMENT OF GENERAL SERVICES Appointment effective August 14, 1993 in the Department of General Services, Division of Inventory & Stores, Joseph K. Migas 1218 Broadway, Buffalo, 14212, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92/hr. DEPARTMENT OF CITY CLERK Appointment effective August 11, 1993 in the Department of City Clerk, Theresa A. Fiorella, 74 Lafayette Avenue, Buffalo, New York 14213, to the position of Dog Enforcement Clerk, Temporary, at the Flat starting salary of $ 6.22 hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 153 BCAM Request Approval For Proposed Budget BCAM is submitting the enclosed budget for FY 93-93 to Council, and requests that we have the opportunity to make a full presentation of it to the CATV Committee at its September meeting. We request that the City approve this $144,732 (12 month) operating budget which is based on available funds dedicated to public access ($80,689 currently approved plus $41,024 remaining monies) plus BCAM's FY 92-93 carry over monies ($19,269). We request that the remaining $41,024 be approved for inclusion in the FY 93-94 operating budget so that BCAM can draw quarterly payments off of this amount from the beginning of our second quarter (October 1, 1993) and maintain our current staffing level. We believe that our enclosed adjusted budget, managed off of quarterly payments based on a $144,732 total, allots us to maximize current access services to the Buffalo community while modifying some salary and operating structures. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 154 BUFFALO ENTERPRISE DEVELOPMENT CORP. BEDC Sale of 477-483 Broadway Neighborhood Commercial Land Bank In October of 1991, the City sold 124 vacant parcels on various commercial arterials to BEDC for $335,000 as Phase I of the Neighborhood Commercial Land Bank. Pursuant to the Administration Agreement approved by Your Honorable Body on 10/29/91, all parcels to be re-sold for commercial development by BEDC shall be submitted for Council approval with prior consultation with the District Councilmember. Councilmember Pitts was supplied with the attached description of sale on July 21, 1993. BEDC has received an offer to purchase a contiguous group of four (4) vacant lots at 477-483 Broadway for the purposes of construction of a van garage and service facility by Horizon Management Group, Ltd. The proposed sale price is $10,000, or $0.78/sq. ft. The proceeds of the proposed sale will be deposited in a trust fund to maintain and market the remaining parcels and to acquire added parcels from the City, as per the Agreement. Attached is a description of the transaction. Your approval is being sought pursuant to the procedure contained in the Administration Agreement. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 155 BUFFALO SKATING CLUB Request Ice Time At City Rinks The Buffalo Skating Club, a charter member club of the United States Figure Skating Association, has been located in the City of Buffalo for over 60 years. We have been affiliated with the Nichols School since the mid 1920's, and for 30 years skated at the Dann Memorial Rink on the Nichols campus. This spring, we ended our long relationship with Nichols and the Dann Rink. The Buffalo Skating Club is now in need of a new ice rink for our membership to skate in starting this fall. I am hoping that, in your capacity as members of the Common Council of the City of Buffalo, you could assist us in exploring and locating ice time in an area ice skating rink. Given our long history in the Buffalo area, we would like to keep our principal skating headquarters within the City of Buffalo. Our membership is made up of figure skaters, ice dancers and recreational skaters. We serve the needs of children and adults. Our professional instructional staff are highly skilled coaches who provide private instruction to members of the club and are paid for by the skater. Our skaters have all levels of skill, and many are serious students of the sport and art of figure skating who test and compete locally and regionally as representatives of the Buffalo Skating Club. We also have a number of United States Figure Skating Association approved judges, officials and accountants in our membership, including one judge recently appointed as a World level dance judge. Membership fees are collected to cover the cost of ice rental. Our most pressing need is to rent at least two consecutive hours of ice per week for approximately 20 weeks to enable our figures skaters to continue the sequence of instruction they had been receiving at our club. Additionally, we have a long history of running Learn To Skate classes open to non-members of our club, and we need to continue that program so future figure skaters can learn the basics of ice skating. We could need one hour per week for 14 to 21 weeks for fur Learn To Skate classes. Ideally, weekends would be the best time to offer ice for our figure skating as well as our Learn To Skate programs. The Buffalo Skating Club has a governing body of elected directors and officers. We offer Buffalo and its residents an opportunity to diversify usage of a city ice rink and a place for serious students of figure skating to take lessons and progress in this very beautiful competitive sport. I would be happy to talk with members of the Common Council or any other individuals you feel could be of assistance to our club in locating new ice. I can be reached at home at B37-1180, and Barbara Clauss, Buffalo Skating Club Treasurer, can be reached at 947-551B. I look forward to working with you and exploring the mutual benefits of keeping the Buffalo Skating Club at a rink within our fine city. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS AND THE CORPORATION COUNSEL. No. 156 EUGENE FAHEY Proposals For Development Of New Animal Shelter Attached please find the following proposals related to the development of a new Animal Shelter for the city of Buffalo: Privatization proposal submitted by Dr. Joseph Bruzgul of Buffalo Small Animal Veterinary Services) P.C.; Temporary solution for care of homeless and stray animals until a new shelter is completed, submitted by the SPCA Serving Erie County; Temporary solution for care of pregnant, nursing, and infant animals, submitted by The Pet Connection. Each of the proposals has been informally presented to the Animal Shelter Advisory Board. The ASAB has not yet made a recommendation on any of the proposals. These are filed so they may officially be considered by the Council. REFERRED TO THE COMMITTEE ON FINANCE. No. 157 GREATER BUFFALO PARTNERSHIP Reply to Chamber Move Prom Statler Towers I am in receipt of your letter of July 9 which ironically, given its topic, was sent to one of our old addresses - that of the former Chamber of Commerce - in the Statler Towers. Our correct address in on this letterhead. Council President Arthur's resolution (#162, C.C.P. July 6, 1993) enclosed with your July 9 letter is full of inaccuracies and unnecessarily negative language. Thus, it requires the direct, point-by-point response which follows: George Arthur Resolution Language "...the Greater Buffalo Chamber of Commerce blind sided the Bureau and pulled out of the Statler Tower offices..." Facts The Partnership did not "pull out" of the Statler Tower offices it occupied; our lease expired June 30, 1993; even if we chose to stay in that building, its owners wanted us to move to another location (7th or 8th floor), given our increased square footage requirements. In the nearly six months between the time of the creation of the Partnership (early December, 1992) and the move of the former Chamber staff to Main Place Tower (late May, 1993), there were numerous meetings between Partnership and CVB staff and board members regarding the possible (and subsequently agreed upon) move, how it might impact the CVB, and how that impact could be minimized. George Arthur Resolution Language "the. pullout from the Statler offices is reflected in a 10% slash in the CVB's $2.34 million budget..." Facts The recent reduction in the CVB's operating budget is entirely related in actual bed tax receipts being measurably less than forecasted receipts. The reduction is ;not related to either the World University Games or to the relocation of the former Chamber of Commerce. George Arthur Resolution Language "one must question the integrity and rationale of the Greater Buffalo Chamber... for pulling out" Facts The recommendation to relocate the Partnership offices to the Main Place Tower upon expiration of the former Chamber's lease in the Statler Towers was made by a joint committee which was chaired by the managing partner of Ernst & Young and which included the chair of the CVB. The decision to relocate was unanimously confirmed by the boards of both the former Chamber and former GBDF. The Partnership's current lease expense in Main Place Tower is nearly 20% less than the combined lease expenses of the former Chamber and former GBDF in the Statler Tower and Liberty Building, respectively. Additional savings could have been achieved if we had considered opportunities outside of the City of Buffalo. While the numerous inaccuracies and unfortunate language of Mr. Arthur's resolution imply a diminishing or even adversarial relationship between the Partnership and the CVB, the reality is precisely the opposite. The relationship has been growing stronger and thus more meaningful for the community. During the past few months, a joint Partnership-CVB committee has identified five tracks of a strategic alliance between the two organizations. The outcome of this alliance should be measurably expanded regional tourism in WNY (and including southern Ontario) for which the City of Buffalo should be one of the principal beneficiaries. We look forward to constructive input from the Common Council, including Mr. Arthur, in this important regard. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 158 M. LEVINE, DVM Proposal To Operate Animal Shelter As the Common Council considers options regarding the location and operation of the Buffalo Animal Shelter, we would like to propose the following for consideration: Given that the city can successfully locate and develop a suitable site for the Animal Shelter, we propose that an advisory or policy board be implemented to oversee the operation of the Animal Shelter. We recommend that such a body have a minimum of two licensed veterinarians to advise on disease control, rabies prevention, and the establishment of an adoption program, similar to that of the SPCA. The impending rabies epidemic makes it imperative that the Animal Shelter be well advised in the area of public health, especially if an adoption program is to be established. If privatization is the route the City of Buffalo chooses to explore, we would recommend that a corporation be formed with an advisory board to select a site and properly develop it according to accepted standards for animal control and disease prevention. Such a board should consist of; but not be limited to, practicing veterinarians from the Buffalo area. The prototype for such a board could be that of the Greater Buffalo Veterinary Services, P.C., better known as the Emergency Clinic. A group of up to 35 veterinarians established the clinic in 1978 and has successfully operated the emergency facility servicing Buffalo and the surrounding areas since that time. Under the management of a board of directors and hospital manager, this cooperative effort has provided quality emergency care. A similar program could assure that the Animal Shelter is managed in the best interests of the citizens and animals of Buffalo. We thank you for your time and consideration and would be happy to explore these ideas with you. REFERRED TO THE COMMITTEE ON FINANCE. No. 159 MARV LEVY Request Action On New Animal Shelter I am addressing this letter to you since I perceive that you are sympathetic to the plight of the unfortunate animals who are the subject of such inhumane treatment because of the wholly inadequate Animal Shelter conditions in Buffalo. I would sincerely appreciate your passing along my expression of deep concern to the other members of the Common Council. While there has been concern expressed by numerous members of the Common Council on frequent occasions little or nothing has been done to remedy this blight on the city's ability to get the job done. The time for "studies" and "referrals to committees" has stretched over too long a period of time. Concrete actions to resolve the matter are needed immediately, and I am writing in order to add my voice to that of countless others in urging that such action be taken. Please make central to any plan the type of access which would mitigate towards encouraging a pet adoption program since that would serve the dual admirable purpose of sparing more innocent creatures and would help to bring joy and comfort to those who do the adopting. It is a heart-breaking situation which only you and the other Council members have the clout to rectify. Please resolve the matter quickly. If there is anything of a concrete nature which I can contribute to helping in this important task I am available to provide such help. Thank you for the efforts you have expended so far in seeking to spur action. REFERRED TO THE COMMITTEE ON FINANCE. No. 160 MICHAEL J. LOVULLO Purchase of a Paper Storage Chest I would like to purchase a paper storage unit located in room 301. I have talked to David Krug, the person in charge of the division of Building Permits, and he was agreed to allow me to purchase this chest, with your approval. The unit is not in use at this time. My bid on this unit is Fifty Five dollars ($55.00). -I believe this to be a reasonable amount, because there is extensive scratch marks on the top of the chest and there is also a bad chair mark on one door, this do to the rubbing of the back of a chair into the door. Thank you for your consideration in this matter. REFERRED TO COUNCIL STAFF. No. 161 MARGERY A. MILLER Commitment To Agreement Shakespeare in The Park Some of the residents living in the Lincoln Parkway area near the Park have complained about the noise and traffic generated by Shakespeare in Delaware Park. To appease them, an agreement was struck earlier this year whereby Shakespeare would begin at 7:30 PM instead of the usual 8:00 PM. Hans Mobius, representing the opposing neighbors, has informed you that Shakespeare disregarded that agreement. That agreement was reached at a meeting which Mr. Mobius attended. At that meeting Neil Garvey, representing Shakespeare, made It clear that during the World University Games It would be necessary for Shakespeare to begin at 8:00 PM because of a previous commitment to the Canadian Consulate regarding entertainment before Shakespeare. During the Games, Shakespeare did start at 8:00 PM. before and after the Games, Shakespeare started at 7:30 PM. I attended performances before, during and after the Games and can personally attest to this. Shakespeare honored its agreement. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 162 NEWBURGH PATROL SOCIETY COALITION Favor Lang-Weber Park Restoration On Tuesday, August 10, 1993, Mr. Mike Fields (East Delavan Alliance) and I met with residents regarding the Lang-Weber Park Revitalization. Ten (10) residents signed a petition in favor of this project. These individuals live on Weber and Rogers immediately around the area to be revitalized. Two of the homes are vacant end one homeowner was on vacation. Also, the residents have agreed to a volleyball court, tennis court, upgrading of the baseball diamond and a children's play area. The plans also include a storage building. There will be no basketball courts installed. The resident's property at 40 Weber borders the playground to the right. When the fencing is installed this homeowner would like reassurance that the fencing would provide privacy. There is also a need to install a fence around the entire perimeter of the playground. At this time, we have a four member committee from Weber and Rogers willing to take responsibility for the playground, including lock-up. If there are any further questions do not hesitate to call me. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 163 NYS DEPT. CRIMINAL JUSTICE Appt. Of Special Drug Investigator I am writing to you concerning the resolution adopted by the Common Council of the City of Buffalo in June that requests Governor Cuomo appoint a special drug investigator for narcotics law enforcement in Buffalo. It is unfortunate that drugs and violent crime have become a problem for virtually every community in the United States. The dilemma of limited resources to address this problem faces urban and rural communities alike. The State of New York has already made extensive commitments to assist local governments with the problem. Members of the New York State Police have been extremely active in narcotics enforcement in Buffalo and in all of Western New York. Last year, the State Police detached narcotics enforcement teams throughout the State to conduct a campaign against Buffalo area street level dealers. The strategy, known as Operation Crackdown, included teams working in very dangerous conditions. As part of the operation, more than 200 undercover drug purchases were made in the City of Buffalo. As a result of this investigation, the State Police, in concert with the City of Buffalo Police Department, the Erie County Sheriff's Department and the Erie County District Attorney's Office launched the largest drug raid in the City of Buffalo. These undercover investigations have continued and the State Police will maintain that commitment. Additionally, the State Police has allocated significant assets to Buffalo that concentrate on major narcotics distribution groups and persons wanted for violent felony offenses. The State's contribution to combatting the drug problem in Buffalo has been a major one for the State Police. However, the primary alternative for continued pressure on drug dealers rests with the Buffalo Police Department. All of the law enforcement agencies in Buffalo have cooperated closely to address the drug problem. Erie County District Attorney Kevin Dillon and his staff have played a major role in coordinating the investigations and resulting prosecutions. If appropriate, the investigations have also included the United State Attorney's Office and federal law enforcement. In fact, the coordination and cooperation among law enforcement agencies in Buffalo and Western New York is the equal of anyplace in the country. As a result of the major contributions of State government, and the high level of cooperation among law enforcement in Western New York, I do not believe that a "special investigator" would enhance present efforts. I wish to close by thanking you and the other members of the Common Council for communicating your concern to the Governor. Please do not hesitate to contact me if you have any other questions. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 164 NYS DEPT. ENVIRONMENTAL CONSERVATION Bridge Painting Guidelines As requested by the Common Council of the City of Buffalo by resolution (No. 172) dated July 12, 1993, please find attached a copy of the Division of Water Technical and Operational Guidance Series, TOGS, (5.1.5.) document on Bridge Painting and Scraping. The purpose of this TOGS document is to provide guidance on the means to be used to prevent materials and paint from entering waterways during bridge maintenance activities conducted by contractors to the NYS Department of Transportation (NYSDOT). This guidance should also be applicable to activities of contractors of the NYS Thruway Authority. The memorandum addresses prevention of water pollution and does not specifically govern issues of particulate air emissions or disposal of solid waste residues as referenced in resolution 172. By copy of this letter and Common Council resolution, concerns regarding the air and solid waste disposal issues are being referred to our regional Division of Air and Solid Waste offices for their appropriate follow-up response. If you have any further questions in regards to this matter please contact either myself or Mr. Smythe of this office at (716) 851-7070. RECEIVED AND FILED. No. 165 NYS DEPT. OF HEALTH Reply - Use of Lead in waterline Repairs (Item No. 173, CCP, 7/6/94 This is in response to Resolution No. 173, adopted by the Common Council of the City of Buffalo on July 6, 1993. The resolution requested input from the New York State Department of Health concerning lead in drinking water. As the members of Common Council are aware, for quite some time it has been recognized that there are serious adverse health effects associated with human exposure to lead and related compounds, and for this reason there have been Federal, State and local governmental programs and initiatives aimed at reducing or eliminating such exposure potentials. Comprehensive regulations dealing with lead in drinking water on both the Federal and State levels have been in effect for some time in New York State. Resolution No. 173 request comments on the legality and advisability of using lead to repair watermains. This question was raised to this office in a June 29, 1993 telephone conference with a member of the Council's staff, Mr. William Nowak. Following the telephone conference, copies of pertinent sections of Title 10- New York Codes Rules and Regulations Sub-cart 5-I Public Water Systems and Recommended Standards for Water Works (1992) were forwarded to Mr. Nowak by facsimile copy. Attached to this letter are copies of these materials with the pertinent sections underlined. In summary, Section 5-1.22 requires, "Materials used in the design, construction and repair of a public water system shall be lead-free. For this Subpart, lead-free shall mean solder or flux which contains no more than 0.2 percent lead and pipes, pipe fittings or any appurtenances which contain no more than eight percent lead." Further, Section 8.0.4 of Recommended Standards for Waterworks (1992), in referring to joint materials used in water distribution systems states, "Lead-tip gaskets shall not be used. Repairs to lead-joint pipe shall be made using alternative methods." As Council staff was also advised, in Erie County the Erie County Department of Health is responsible for Implementing the above noted requirements. Additional questions should be referred to Erie County Health Commissioner, Dr. Arnold N. Lubin, or his Water Supply staff at the Erie County Department of Health at (716) 858-7677. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 166 NYS DEPT. OF TRANSPORTATION Provide Greenway Trail in Repair Of Ohio Bridge This is in response to your uncertified copy of the resolution # 207 transmitted along with your letter dated July 22, 1993 requesting the department to consider incorporation of a pedestrian and bicycle-access as part of the rehabilitation of the Ohio Street Bridge. Unlike the Tifft Street bridge replacement project, the scope of work and funding available for the Ohio Street bridge is for rehabilitation only. Our initial analysis indicates that widening, to include bicycle lanes, would require major modification to the underlying structural steel framing and substructure supports or complete replacement of the structure. Both options appear to be beyond the scope and budget for this project. We will, however, further explore ways of accommodating your request as this project progresses into the preliminary design phase. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 167 NYS THRUWAY AUTHORITY Investigate Sand Blasting Bridges In response to your request as per Common Council resolution number 172 adopted on July 6, 1993 the NYS Thruway Authority (NYSTA) has investigated the abrasive blasting, containment, and bridge painting practices of the Commercial Painting Company a subcontractor to Oakgrove Construction. To date Commercial Painting has been in full compliance with current Federal and State regulations. Prior to abrasive blasting, Commercial Painting drapes tarps from the top of the bridge to the street below overlapping so that no visible emissions leave the containment area. Abrasive blast material and paint chips are picked up daily and placed in tightly capped 55 gal. drums. These drums are now being removed from the site and taken to a approved disposal site in accordance to contract stipulations. The NYSTA and its construction inspection firm have monitored the practices of this company and have found them satisfactory. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 168 PARADISE HOUSE Request Half-way House 144 Mills I represent Paradise Opportunities, Inc., a not-for-profit corporation which is interested in establishing a Halfway House for women recently released from prison and their children. Please accept this letter as an application for approval of a halfway house pursuant to Section 511-94 of the Zoning Ordinances of the City of Buffalo. The site under consideration is located at 144 Mills Street, the former rectory of Transfiguration Church. Rev. Anne Paris, the director of the program, has discussed the plans with the neighborhood block club which does support this project. Accompanying this letter is a summary describing the proposed program, letters from the Erie County Department of Social Services regarding the payment for women who will reside in the house, a copy of the certificate of incorporation of Paradise Opportunities, Inc., and letters of recommendation for Anne Paris who is the program director. Please place this item on the agenda for your September meeting. A lease with Transfiguration Church has been negotiated and can be entered into once approval for operation of the Halfway House is granted. Thank you very much. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 169 THE PARK LANE Request Tax Break For Business Slow Down Due to Construction I am writing to submit a formal complaint to the City of Buffalo Common Council regarding the current road construction on Delaware Avenue at Gates Circle. The Park Lane Restaurant is located on Gates Circle with access from Lafayette Avenue and Delaware Avenue. The majority of our customers are only familiar with our Delaware Avenue entrance. As a result of the current construction, the entrance on Delaware Avenue has been closed Every business located in this construction zone, with the exception of the Park Lane has had uninterrupted access to their driveways (either by temporary measures of stone or a reasonable completion of the driveway). Suffice to say The Park Lane Restaurant has been devastate by this. (See attached photographs) At one point, I had requested to affix signs on Delaware Avenue in order to notify our customers from the surrounding areas (most suburban customers are unfamiliar with alternate routes to the restaurant) of the construction. I was told that this was not allowed due to the fact that Delaware Avenue was a "State highway".. During the recent Father's Day weekend (usually a very busy day for the restaurant), the complete driveway was slated for closing. Thomas LoTempio intervened and ordered the contractor to allow space for one vehicle to enter through the driveway. This did offer some relief, unfortunately, not enough, Father's Day weekend was one of the worst in quite some time. After I complained, it was suggested to post signs and I immediately purchased $200.00 worth of signs. Afterward, I was again told I would be able to post them on Lafayette and not Delaware Avenue, rendering them virtually ineffective. To add insult to injury, the sign at the end of Lafayette Avenue stated local traffic only. Motorists were under the impression that they could drive to the end just to find there was no outlet. They would then attempt to cross through our parking assuming our driveway and parking lot was the detour to Delaware Avenue. This caused a steady stream of traffic, which aggravated the motorists; customers; employees of the restaurant, and caused a few minor accidents. To say the least, it was unsafe. In conclusion, I strongly object to the manner in which this current construction project was handled. Not only was I not invited to attend any planning meetings, there was very little communication with area businesses regarding time frame for the project and absolutely no communication with contractors. Although I had expended some decrease in business, never did I expect The Park Lane Restaurant to suffer its worst summer. I feel this is due to the construction which isolated the restaurant and consequently prevented us from doing normal business. The Park Lane Restaurant employees 67 people and I have always done my part in cooperating with the city and its' image. Therefore, I am requesting assistance ,perhaps in the form of a tab break on property taxes, or in some other fashion in an effort to recover our summer losses. Thank you in advance for your attention and cooperation in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 170 JAMES PITTS Replacement - Housing Parcels - William St. I have received the Letter from Dennis Penman of M.J. Peterson which stipulates the replacement parcels for housing development pursuant to the amendment to the Urban Renewal Plan (Item #173, September 15, 1992) at the Common Council meeting. The replacement sites on William Street are acceptable in my view. In fact, Mr. Penman and I had previously discussed the north side of William Street during the time of the Council meeting. By Indicating the specific parcels, the replacement housing can now be started. I will file Mr. Penman's and my letter to you with the City Clerk to be transmitted to the Common Council. Your cooperation is appreciated. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 171 GAIL PLATO Request Demolition of 30 Cottage I would like the following complaint to be added to the agenda of the next common council meeting. Thank you for your attention to this matter. I own the property at 34 Cottage Street Buffalo, NY. My son and his fiance live in the upper apartment and 2 very nice ladies live in the lower apartment. Next to this property is 30 Cottage Street. 30 Cottage street is a vacant dilapidated house that needs your attention immediately. Several break-ins and attempted break-ins have occurred at our house facilitated by 30 Cottage being dark and vacant. Vagrants are living in the house regularly. Vandalism occurs constantly. There is not a full week between calls to 911 due to vagrancy or vandalism. Attempts by vagrants and vandals to burn down the house are evidenced by charred boards in the rear and charred paper stuck under the shingle siding. IT IS A REAL FIRE HAZARD. The property is completely unsanitary and a health hazard. The smell of urine permeates the air. Electrical wires are hanging in the yard. The yard is full of debris and we are getting rats in our yard. The foundation is crumbling and moldy. Rotted wood and debris keep falling off this house and into our yard and sidewalk. This endangers us. Please take this house down immediately. Thank you again for your time and attention. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 172 D. POLLUTRO Parking Lot Hazard-Bennett Beach Mr. Larry Wolfe of the City Legal Department advised me to address a letter to your Office. On Saturday, July 24, 1993, I visited Bennett Beach. I paid $4.00 to Park, was not told where to park or that there was a section reserved for Handicapped Parking, there were no signs to indicate that. There appeared to be a division of the Parking Area. Thee was a row of round concrete discs with an approximately one foot high doubled pieces of holed angle iron to form a square sticking up from the center of these discs. The discs were five or six feet apart. I parked my two month old 1993 Automobile along side these discs to keep a reasonable distance from the auto I parked parallel to. From inside a car, as was the case when I left, these discs are not visible as they were so low. In the absence of any signs directing one where or how to exit, I chose to turn left in to what appeared to be an exit way. Immediately, I knew I had hit one of these discs metal, stopped, surveyed the damage, discussed the hazard with the Attendant who reluctantly took my name and license plate number. On Monday, July 26, 1993, I called the City Director of Recreation (Jim Wojcik). He was not in. I spoke to his Secretary and advised her not only as to the hazard to an Automobile but the possibility of a great hazard should some child fall on these very low and very sharp pieces of metal. She said she would give Mr. Wojcik the message. I asked for him to call me, he did not. On Tuesday, July 27, 1993, I recalled that Office, wad told the message was given to Mr. Wojcik and that he again, was not in. I asked her for the Commissioners telephone number, dialed it, got the same Secretary, he was not in. I then called the City Hall Information number, called the Legal Department and spoke to Larry Wolfe. He said he would mail me Claim Forms, which I since have received and will file. More importantly, I went back to Bennett Beach on Saturday, July 31, 1993 to take pictures of these discs and metal protrusions and was pleased to find that 3' or so pipes have been placed in these metal affairs with ropes from one to the other. Now, that is concern and I am pleased it has been exhibited. REFERRED TO THE COMMISSIONER OF PARKS. No. 173 THOMAS PUGLISI Offer To Purchase Surplus Desk I would like to submit a bid in the amount of $20.00 for a desk which has been determined by the City Clerk not suitable to be put back into service. Your favorable approval of this request will be greatly appreciated. REFERRED TO COUNCIL STAFF. No. 174 SHAKESPEARE IN THE PARK Reply to Complaints On Park Use I am in receipt of a copy of Mr. Mobius' July 19, 1993 letter to you complaining of the alleged late start of Shakespeare performances this season. Mr. Mobius specifically refers to the performance of July 16, 1993. You will recall that whenever the issue of a proposed 7:30 p.m. starting time was discussed, our organization made specific reference to the fact that an exception had to be made for the Canadian Consulate, which had already arranged for a series of musical concerts to be presented in conjunction with the World University Games July 8th - 18th, 1993. The Consulate had already printed promotional materials stating specific dates and times of performances. I enclose a copy of the "Canada Presents" schedule. I made clear reference to the "Canada Presents" situation when the 7:30 p.m. starting time was initially discussed in Commissioner Commerford's office on May 20, 1993. You will recall that meeting was attended by yourself, Common Council Members Coppola, LoTempio and Zuchlewski; Commissioners Iraci, Commerford and Buczkowski; Messrs. O'Hara, Blum and More; Marge Miller of the Delaware Park Steering Committee; myself, Saul Elkin, Nancy Doherty and Gary Casarella of Shakespeare in Delaware Park, and, of course, Mr. Mobius. At that time I explained that we could not reschedule these concerts and an eight o'clock curtain time would be necessary for that week. I clearly reiterated that position on the record in the Common Council Chambers on May 25, 1993. We agreed to the 7:30 p.m. curtain time for this year, with the caveat that during the Games, an 8:00 p.m. curtain time would be allowed. That was the agreement. You will recall that following that agreement the contractual items providing for the new stage facility were approved by the Common Council, with two opposing votes. Mr. Mobius was also present in (council Chambers on May 25, 1993, when he recommended the new stage not be approved by the Council. Immediately after the completion of the "Canada Presents" series, we resumed our 7:30 p.m. curtain time in accord with the agreement. Mr. Mobius knew very well what the agreement was and that we have not violated it. Mr. Mobius has once again contorted the truth to fit his self-centered point of view. He is not now, nor has he been, interested in addressing real issues concerning the public use of a public park. He is only interested in harassing Shakespeare in Delaware Park out of Delaware Park. I trust that the Council will recognize Mr. Mobius' real agenda and will not allow such a narrow point of view to prevail over the continued success of this festival, which has the support of thousands of citizens of Buffalo and environs. Thank you for your kind attention. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 175 TCI OF NY INC. Channel Realignment/Rate Adjustments Enclosed please find, for your records, a copy of our recent correspondence sent to the Mayor of the City of Buffalo as well as to each individual Councilmember. Effective September 1, 1993, TCI of New York will reconfigure the existing channel line-up and adjust service rates to comply with the regulations set forth by the FCC under the 1992 Cable Act. All TCI of New York customers will be notified through a direct mailpiece, an ad in the Buffalo News, and cross-promotional spots run on various cable networks prior to the September 1st effective date. As always, if you have any questions or would like further information, please do not hesitate to contact me at (716) 862-4640. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 176 US POSTAL SERVICE PACE Program - Painting Mailboxes This letter will acknowledge receipt of the resolution of the Common Council of the City of Buffalo requesting U. S. Postal Service participation in Buffalo's PACE program through the repainting of U. S. Postal Service collection boxes. Since the care and maintenance of U. S. Postal Service collection boxes in the City of Buffalo is under the direction of Mr. Nicholas Fabozzi, Postmaster of Buffalo, I am forwarding your resolution to him for consideration. I commend the Common Council for its interest and active programs to assist youthful offenders in the City of Buffalo through the PACE program. RECEIVED AND FILED. No. 177 WILLIS WINSTON Correct Water Payment/Billing 134 French In reference to water bill paid on March 8, 1990 in the amount of $419.26 by my son Steve Winston. Their was an apparent mix up, because the amount of 419.26 was to be paid on property 134 French Street, but the payment went to property 135 French Street that we no longer own. If we can get this amount credited to the property 134 French Street that is was intended for. Thank you in advance for your consideration. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. PETITIONS No. 178 Amos Peterson Jr., owner, petition to use 729 Sycamore Street for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY-PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 179 Benderson 85-1 Trust, owner, petition to use 878 McKinley Parkway for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 180 897 Delaware Avenue, owner, petition to use 897 Delaware Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 181 Edward Tagliarino, owner, petition to use 1140 Delaware Avenue to convert an existing five (5) unit multiple dwelling to 2 apartments and executive offices. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 182 Roger Rostorff, owner, petition to use 750 Kenmore Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY- PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 183 Vandercher and Dick Funeral Home petition to use 2549 Main St. for a ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 184 Jordan Supply Co., owner, use 490 Smith Street for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 185 Stanley Travis, owner, use 881 William Street for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 186 Tops Markets Inc., owner, petition to 1101-1109 Niagara Street to expand existing store parking lot. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 187 Greg Garten, opposes landlord licensing legislation. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 188 Marguerite Jackson and Others, oppose recent extension of Erskine Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE. No. 189 Delilah King & O request one side parking on Woodlawn from Masten to Michigan. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE. No. 190 Susan M. Nardozzi and Others, oppose the proposed expansion of the Hennepin Park Community Center. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PARKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. RESOLUTIONS No. 191 BY: MR. AMOS Appointment Of Legislative Assistant Whereas: The position for Legislative Assistant to the Common Council is to be filled. My recommendation is Plezetta Teague of 35 Ericson Avenue. Now, Therefore, Be It Resolved That this Common Council appoint Plezetta Teague to the Legislative Assistant position as of Monday, August 2, 1993. ADOPTED. No. 192 By: Mr. Amos Stoplight Intersection of Main Street and Windermere Boulevard (Allen Drive) Whereas: The intersection of Main Street and Windermere Boulevard (which becomes Allen Drive on the other side of Main Street) is an extremely dangerous intersect ion where several accidents have been reported, but many more near collisions have occurred without a solution to this hazardous condition; and Whereas: The factors contributing to the perilous situation are the heavy volume of Main Street traffic in both directions, additional traffic from Kenmore Avenue and the University Plaza, traffic from the Metro parking lot and the UB campus entering Main Street at Allen Drive, Metro buses, and the tractor trailers parked on Main Street used to transport cars to and from the car dealership on Main and Windermere; and Whereas: The only way to correct this very dangerous condition is to-install a traffic signal at the intersection of Main Street and Windermere Boulevard; Now, Therefore, Be It Resolved: That the Common Council request that the Department of Public Works Division of Traffic Engineering install a traffic signal at the intersection of Main Street and Windermere Boulevard; and Be It Further Resolved: That the Commissioner of Public Works advise this Honorable Body of the time frame for installation of the traffic signal at Main Street and Windermere Boulevard. ADOPTED. No. 193 By: Mr. Amos Amend Bailey/ Amherst Business Improvement District Plan Whereas: The Board of the Bailey / Amherst District Management Association, Inc. has requested that the existing agreement between the city and the Association be amended to allow special assessment funds to be used for a graffiti removal program; and Whereas: Communication between the Association and the City's Department of Law states that General City Law Section 24-e (c) authorizes the legislative body "to provide for additional maintenance or other additional services required for the enjoyment and protection of the public and the promotion and enhancement of the district..."; and Whereas: The proposed graffiti removal program meets the criteria set forth in General City Law Section 24-e Now, therefore, be it resolved: That this Common Council formally state its support of the proposed graffiti removal program for the Bailey / Amherst District Management Association, Inc. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 194 By: Messrs. Amos, Arthur, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, Lotempio, Perla, Pitts, Zuchlewski Re-establish Task Force on Violent Crime Whereas: The killing that occurred on September l, 1993 in broad daylight by a group of teenagers has sparked fear and serious concern in the African-American Community; and Whereas: The City of Buffalo has been plagued by a rash of recent killings that has brought the homicide total this year to 57, compared to 51 through the same period last year; and Whereas: Several of the homicides have involved drug users, drug dealers or resulted from drug related violence or other criminal activity such as burglary; and Whereas: Over the past several months, drive-by shootings, armed muggings, and rape have occurred at an alarming rate demonstrating that recent FBI reports on the increase in all violent crimes in the Buffalo area is a continuing trend and action must be taken to deal with this problem; and Whereas: The Task Force on Violent Crime should be re-established to resume discussions and to educate citizens on crime prevention techniques, to study specific actions taken by the Police Department to reduce the high occurrence of violent crimes, and to ensure that adequate support services are available for victims and/or their families; and Whereas: The efforts of the past Task Force on Violent Crime resulted in 125 convictions; and Whereas: The re-established Task Force on violent Crime should work diligently to made a visible change in the community in order to restore a sense of safety, peace and tranquillity. Now, Therefore Be It Resolved: That the President of the Common Council re-establish the Task Force on Violent Crime comprised of members of law enforcement community, elected and/or non-elected city officials, and representatives of crisis support human service agencies to make recommendations on reducing the incidents of violent crime. ADOPTED. No. 195 By: Mr. Arthur Request Report from Civil Service Commission -Report Technician Promotional Exam Whereas: The Buffalo Civil Service Commission has scheduled two exams for the position of Report Technician on September 11, 1993; one promotional, and one open to the public; and Whereas: The promotional exam lists the following positions as eligible for promotion to the position of Report Technician: Clerk, Dog License Clerk, Junior Data Control Clerk, Stenographer, Confidential Aide (Desegregation), Bus Aide Team Leader. Now Therefore Be It Resolved That: This Common Council requests the Civil Service Commission to report to this Council the rational behind listing the above titles as eligible for promotion to this entry-level position along with its justification for offering both a promotional and open exam. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 196 By: Mr. Arthur Councilmember Bakos Excused That Councilmember Bakos be and hereby is excused from attendance at the meeting of September 7, 1993, due to illness. ADOPTED. No. 197 By: Mr. Bell Set Hearing- CDBG Float Loan For the Home Ownership Major Rehab Loan Guarantee Program Whereas, The Buffalo Enterprise Development Corporation is proposing to establish a Home ownership major Rehab Loan Guarantee Program to provide interim financing for the renovation of vacant 1 and 2 family dwelling units to projects sponsored primarily by the 16 non-profit community based corporations which operate in Buffalo's low to moderate income neighborhoods. Now, Therefore, Be It Resolved Be The Common Council Of The City Of Buffalo: 1. That this Common Council will conduct a Public Hearing regarding the CDBG Float Loan for the Home Ownership Major Rehab Loan Guarantee Program before the Economic Development Committee on September 29, 1993 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 8th day of September, 1993. ADOPTED. No. 198 By: Mr. Bell CDBG Float Loan Home Ownership Major Rehab Loan Guarantee Program Whereas, The Buffalo Enterprise Development Corporation (BEDC), a Citywide non-profit local development membership corporation, is proposing to establish a $3.0 million guaranteed construction float loan program for major rehab of vacant publicly owned one and two family homes, with such renovated homes to be sold exclusively to owner occupants only; Whereas, BEDC has received approximately $1.5 million in non-federal funds representing a prepayment of principal on the Purchase Money Mortgage of the Convention Center Parking Ramp, such amount to be used by BEDC to establish a Construction Float Loan Guarantee Fund for Major Housing Rehab; Whereas, Because home ownership has declined in the City to 43.1% of all occupied units, versus the Erie Countywide figure of 63.7%; Whereas, Because growing absentee ownership of 1 and 2 family homes has been commonly identified as the number one problem in the breakdown of cohesive neighborhood life in the City; Whereas, The City Real Estate Division has an inventory of approximately fifty (50) 1 and 2 family vacant homes which it cannot resell and adds 5-10 units per year to this list; Whereas, HUD forecloses and auctions an estimated 120 homes a year in the City; Whereas, The disappearance of the BUD housing UDAG program, and the Section 312 major rehab program, has created a void in community development construction financing for major rehab in communities like Buffalo; Whereas, As a result of the proposed Home Ownership Major Rehab Loan Program, an estimated 60 vacant homes per year coming into public ownership would be renovated/rehabbed for subsequent resale for home ownership. Whereas, The Mayor of the City of Buffalo supports both the proposal and the request for the CDBG Float Loan. Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo: That this Honorable Body does approve the CDBG Float Loan and does approve amendment of the 19th year C.D. Block Grant program to authorize a $3.0 million construction float loan program by BEDC, and does approve the amendment of the existing Parking Ramp Transfer Agreement with BEDC (authorized by Item 110, C.C.P. 6/15/82) to establish the Housing Rehab Guarantee Fund by BEDC, pursuant to the following: 1. The major rehab program shall be capitalized with $3.0 million of Federal CDBG Float Loan funds guaranteed by BEDC with (1) $1.5 million in non-federal funds available to the City of Buffalo, and (2) liens on rehab work in progress, and; 2. The combination of the separate guarantee fund to be set at a level of a 50% cash guarantee, together with the balance secured by liens on the real property or letters of credit, and; 3. BEDC will make available secured construction loans of-up to $50,000 per dwelling unit to projects primarily sponsored by the 16 non-profit community based corporations (CBO'S) which operate in Buffalo's low to moderate income neighborhoods. Loans shall be limited to vacant homes approved for rehab by the City, and; 4. The interest rate shall be 4% for an average term of 18 months, and; 5. The Float Loans made by BEDC to CBO projects will be taken out (repaid) through private or SONYMA permanent mortgage replacements for home buyers. 6. The Buffalo Urban Renewal Agency shall create a position for a coordinator or administrator for this program to assist CBO's in preparing project packages, with the costs of such position charged to the Guarantee Fund. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 199 By: Mr. Bell Contract a Building and Structure Material Characterization Specialist to Conduct City Wide Building Facade Inspections Whereas: The onslaught of buildings which have fallen into serious disrepair within the City of Buffalo now pose possible injury consequences to our citizenry; and Whereas: The memory of the Summer of 1993 is marred by the numerous incidents of crumbling building facades raining bricks and debris upon public thoroughfares within the city, with one such incident claiming the life of a young woman; and Whereas: The City's Department of Inspections is in a state of paralysis attributed to a shortage of resources, internal strife and a lack of an effective plan to combat the problem; and Whereas: It is the duty of this Common Council to take measures to assure that all city buildings comply with standards and codes to protect the life, health and safety of residents; and Whereas: A response to this crisis would be contracting with a Building and Structure Material Characterization Specialist to perform city wide stress testing of metals and mortar of certain buildings to assure compliance; and Whereas: Costs and expenses attributed to this testing would be charged to the owner of the building or structure in a form of an attachment to their annual property taxes. Now, Therefore Be It Resolved That: This Common Council requests the City Corporation Counsel, the Commissioner of Inspections and Community Revitalization and City Court Judge Frank A. Sedita Jr. to file opinions as to the practicality of contracting with a Building and Structure Material Characterization Specialist to perform city wide stress testing of metals and mortar of certain buildings to assure compliance. ADOPTED. No. 200 By: Mr. Bell Duplicate Health Insurance Whereas: The city of Buffalo is facing a budget gap for fiscal year 94-95 of 23 million dollars ; and Whereas: The issue of health care costs for city of Buffalo employees has been a source of concern ; and Whereas: Recent audits by the city Comptroller have pointed out numerous deficiencies in the manner in which health insurance is administered ; and Whereas: One concern is that of duplicate Health Insurance coverage in situations where spouses work for separate agencies of city government with both receiving separate family coverage, thereby wasting taxpayers' money ; and Whereas: The elimination of these duplicate policies will save city taxpayers thousands of dollars ; and Now, therefore, be it resolved: That the Director of Labor Relations, the City Comptroller and Chairmen of all ancillary agencies cross reference all employees of regular city departments and city agencies to determine those employees which may be receiving duplicate health insurance ; and Be it further resolved: That, following determination of duplicate benefit situations, the necessary procedures to remedy the problem be undertaken. ADOPTED. No. 201 By: Mr. Collins Increased Appropriation Fund Balance Reserve Appropriation Allotments - Enterprise Fund - Parking 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 - Enterprise Fund - Parking be and the same hereby is increased in the sum of $62,508. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $62,508 from 440-890-032 - Fund Balance Reserve for Maintenance to meet this increased appropriation as set forth below: TO: 440 Enterprise Fund - Parking 81-2 Miscellaneous Charges 809 - Judgement & Claims - Prior Years $62,508 REFERRED TO THE COMMITTEE ON FINANCE. No. 202 By: Mr. Collins Bond Resolution $100,000 Bonds Reconstruction of Museum of Science Roof Account 200-402-037 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the museum of science in the city, at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thirty-Five Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Museum of Science in the City, including the replacement of the roof. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Museum of Science Roof 1993-94," Bond Authorization Account No. 200-402-037, 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 County, pursuant to this Bond Resolution, in the maximum amount of $100,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to said 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: SEP 7 1993 LAID ON THE TABLE. No. 203 By: Mr. Collins Bond Resolution $135,000 Bonds Reconstruction of Various Library Buildings Account 200-402-036 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $135,000 General Improvement Bonds of said City, to finance the cost of the partial Reconstruction of various library buildings in the City, at the estimated maximum cost of $135,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thirty-Five Thousand Dollars ($135,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction, including the installation of roofs, windows and insulation, of various library buildings in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $135,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Various Library Buildings 1993-94," Bond Authorization Account No. 200-402-036, 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 County, pursuant to this Bond Resolution, in the maximum amount of $135,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said buildings are of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to said class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 7 1993 LAID ON THE TABLE. No. 204 By: Mr. Collins Bond Resolution $200,000 Bonds Handicapped Access Improvements Account 200-401-013 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City, to finance the cost of handicapped access improvements in the City, at the estimated maximum cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of curbs and sidewalks in the City to improve handicapped access. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Handicapped Access Improvements 1993-94," Bond Authorization Account No. 200-401-013, 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 County, pursuant to this Bond Resolution, in the maximum amount of $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to said class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 24 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by 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: Sep 7, 1993 LAID ON THE TABLE. No. 205 By: Mr. Collins Bond Resolution $250,000 Bonds Reconstruction of Delaware Park Buildings Account 200-402-027 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City, to finance the cost of improvements to Delaware Park Facilities in the City, at the estimated maximum cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), 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 improvements to Delaware Park Facilities, including the Rumsey Road Shelter House, the Ivy Bridge and the Casino, in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Delaware Park Buildings 1993-94," Bond Authorization Account No. 200-402-027, 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 County, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to said class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 19 (c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by 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: SEP 7 1993 LAID ON THE TABLE. No. 206 By: Mr. Collins Bond Resolution $305,000 Bonds Replacement of Boilers at School 19 Account 299-970-097 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $305,000 School Bonds of said City, to finance the cost of replacement boilers at School 19, at the estimated maximum cost of $305,000. 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 School Bonds of said City in the principal amount of Three Hundred Five Thousand Dollars ($305,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of replacement of heating boilers and other related improvements to the heating system at School #19 in the City. The estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $305,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94, 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 Board of Education, "Boiler Replacement-School # 19, 1993-94," Bond Authorization Account No. 299-970-097, 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 $305,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 13. of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by 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: SEP 7 1993 LAID ON THE TABLE. No. 207 By: Mr. Collins Bond Resolution $350,000 Bonds Reconstruction of Memorial Auditorium Roof Account 200-402-025 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the roof at Memorial Auditorium in the City, at the estimated maximum cost of $350,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Fifty Thousand Dollars ($350,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction, of the roof at Memorial Auditorium in the City and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building, as reconstructed, is to be used. 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 $350,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Memorial Auditorium Roof 1993-94," Bond Authorization Account No. 200-402-025, 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 County, pursuant to this Bond Resolution, in the maximum amount of $350,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to said 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: SEP 7 1993 LAID ON THE TABLE. No. 208 By: Mr. Collins Bond Resolution $400,000 Bonds Construction of Bailey-Kensington Recreation Center Account 200-402-007 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City, to finance the cost of partial construction of Bailey-Kensington Recreation Center in the City, at the estimated maximum cost of $400,000. 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 Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial construction of the Bailey-Kensington Recreation Center in the City and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purchase for which said building is to be used. 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 $400,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Construction of Bailey-Kensington Recreation Center 1993-94," Bond Authorization Account No. 200-402-007, 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 County, pursuant to this Bond Resolution, in the maximum amount of $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to said specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 11. (b) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by 'the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: SEP 7 1993 LAID ON THE TABLE. No. 209 By: Mr. Collins Bond Resolution $500,000 Bonds Interior and Exterior Improvements to Schools 17, 54, 56 and 66 Account 299-970-098 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 School Bonds of said City, to finance the cost of the partial reconstruction of schools 17, 54, 56 and 66, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of Schools 17, 54, 56 and 66, to provide interior and exterior improvements, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building, as reconstructed, is to be used. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94, 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 Board of Education, "Interior and Exterior Improvements-Various Schools," Bond Authorization Account No. 299-970-098, and shall be used for the purpose specified in Section l of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (1) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.09 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: SEP 7 1993 LAID ON THE TABLE. No. 210 By: Mr. Collins Bond Resolution $560,000 Bonds Reconstruction of Shea's Marquee Account 200-402-031 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $560,000 General Improvement Bonds of said City, to finance the cost of the partial Reconstruction of Shea's Buffalo Theater Marquee in the City, at the estimated maximum cost of $560,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Sixty Thousand Dollars ($560,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of Shea's Buffalo Theater Marquee, including improvements to the drainage and electrical systems. 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 $560,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Shea's Marquee 1993-94," Bond Authorization Account No. 200-402-031, 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 County, pursuant to this Bond Resolution, in the maximum amount of $560,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to said 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: SEP 7 1993 LAID ON THE TABLE. No. 211 By: Mr. Collins Bond Resolution $650,000 Bonds Reconstruction of Schools 36, 38 and 86 Account 299-970-096 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $650,000 School Bonds of said City, to finance the cost of the partial reconstruction of schools 36, 38 and 86, at the estimated maximum cost of $650,000. 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 School Bonds of said City in the principal amount of Six Hundred Fifty Thousand Dollars ($650,000), 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 Schools 36, 38 and 86, including rehabilitation of roofs, doors, masonry and windows, and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purpose for which said building, as reconstructed, is to be used. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $650,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94, 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 Board of Education, "Exterior Reconstruction-Schools 36,38 and 86," Bond Authorization Account No. 299-970-096, 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 $650,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (1) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.06 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: SEP 7 1993 LAID ON THE TABLE. No. 212 By: Mr. Collins Bond Resolution $750,000 Bonds Reconstruction of Kleinhans Music Hall Account 200-402-030 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $750,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of Kleinhans Music Hall in the City, at the estimated maximum cost of $750,000. 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 Seven Hundred Fifty Thousand Dollars ($750,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of Kleinhans Music Hall in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $750,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Kleinhans Music Hall 1993-94," Bond Authorization Account No. 200-402-030, 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 County, pursuant to this Bond Resolution, in the maximum amount of $750,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (1). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a. 11(b) of the Law and the period of probable usefulness applicable to said 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: SEP 7 1993 LAID ON THE TABLE. No. 213 By: Mr. Collins Bond Resolution $3,850,000 Bonds Construction of an Early Childhood Center Account 299-970-095 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,850,000 School Bonds of said City, in addition to the $16,000,000 School Bonds heretofore authorized, to finance the cost of Construction of an Early Childhood Center, at the estimated maximum cost of $19,850,000. 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 School Bonds of said City in the principal amount of Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000), in addition to the $16,000,000 School Bonds heretofore authorized, 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 construction of an early childhood center. 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 $19,850,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1993-94. 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, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education Division of Building, "Construction of an Early Childhood Center 1993-94," Bond Authorization Account No. 299-970-095, 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 $3,850,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (I). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 11 b) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: SEP 7 1993 LAID ON THE TABLE. No. 214 By: Mr. Collins Refunding Bond Resolution $52,000,000 Bonds Refunding of Various Outstanding Serial Bonds Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding serial bonds of said city, stating the plan of refunding, appropriating an amount not to exceed $52,000,000 therefor, authorizing the issuance of $52,000,000 Refunding Bonds of said city, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto. Recitals Whereas, the City of Buffalo, New York (herein called "City"), has heretofore issued: on November 29, 1988 its $3,330,000 General Improvement Serial Bonds 1988-A and $9,500,000 General Improvement Water Supply Serial Bonds-1988-C (herein called the "1988-A&C Bonds"), now outstanding in the aggregate principal amount of $10,350,000; on November 29, 1988 its $4,300,000 School Serial Bonds-1988-B (herein called the "the 1988-B Bonds"), now outstanding in the aggregate principal amount of $3,155,000; on June 28, 1989 its $9,835,000 General Improvement Serial Bonds-1989-A and $1,500,000 General Improvement Water Supply Serial Bonds-1989-C (herein called the "1989-A&C Bonds"), now outstanding in the aggregate principal amount of $9,110,000 on June 28, 1989 its $380,000 School Serial Bonds-1989-B (herein called the "1989-B Bonds"), now outstanding in the aggregate principal amount of $300,000; on April 10, 1990 its $8,520,000 General Improvement Serial Bonds-1990-A and $2,625,000 General Improvement Water Supply Serial Bonds-1990-C (herein called the "1990-A&C Bonds"), now outstanding in the aggregate principal amount of $9,465,000; and on April 10, 1990 its $4,300,000 School Serial Bonds-1990-B (herein called the "1990-B Bonds"), now outstanding in the principal amount of $3,035,000; such bonds bearing interest at the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and Whereas, Section 90. 10 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), permits the City to refund all or a portion of the outstanding unredeemed maturities of such bonds by the issuance of new bonds, the issuance of which will result in present value debt service savings for the City; now, therefore, 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. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: a. "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding $10,350,000 1988-A&C Bonds, $3,155,000 1988-B Bonds, $9,110,000 1989-A&C Bonds, $300,000 1989-B Bonds, $9,465,000 1990-A&C Bonds, and $3,035,000 1990-B Bonds, of the City of Buffalo, New York. b. "Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10 hereof. c. "Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof. d. "Present Value Savings" means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually), necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the bona fide initial public offering price including estimated accrued interest, or, if there is no public offering, to the price bid including estimated accrued interest. e. "Redemption Date" means, as applicable: May 1, 1998 for the 1988-A&C Bonds and the 1988-B Bonds, June 1, 1999 for the 1989-A&C Bonds and the 1989-B Bonds, April 1, 2000 for the 1990-A&C Bonds and the 1990-B Bonds, respectively. f. "Refunding Bond" or "Refunding Bonds" means a portion or all of the $52,000,000 bonds of the City of Buffalo, authorized pursuant to Section 2 hereof. g. "Refunding Bond Amount Limitation" means an amount of Refunding Bonds which does not exceed the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of Such applicable Redemption Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Common Council of the City (herein called "Common Council"), hereby authorizes the refunding of the $35,415,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an amount not to exceed $52,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance of not to exceed $52,000,000, Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay tile principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum principal amount of $52,000,000, are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A (the "refunding financial plan") prepared for the City by the office of the City Comptroller and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the City in connection with said refunding from such proceeds, and the investment of a portion of such proceeds by the Escrow Holder in certain obligations, the principal of and interest, together with the balance of such proceeds to be held uninvested, shall be sufficient to pay (1) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (2) the principal of and premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each applicable Redemption Date. Section 3. The $35,415,000 Bonds To Be Refunded referred to in Section 1 hereof are the aggregate unmatured outstanding balances of nine issues of bonds, each originally issued pursuant to various bond resolutions of the City, adopted on their respective dates authorizing various capital improvements for the City. In accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount not to exceed $52,000,000 have been allocated to the component issues of the Bonds To Be Refunded, and shall mature in amounts and at dates to be determined. The Comptroller, the chief fiscal officer of the City, is hereby authorized to approve all details of the refunding financial plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The maximum period of probable usefulness ("PPU") of each issue comprising the Bonds to be Refunded, commencing at the date of issuance of the first bond anticipation notes issued in anticipation of the sale of said bonds, is set forth in the following table: 1988-A&C Bonds Maximum Account Project Life 200-101-029 Purchase five vehicles 20 200-402-084 Construct West Side Center 20 200-717-015 Reconstruct Broadway Market Parking Ramp 20 200-717-026 Improvements of Mulroy Park 15 200-717-032 Demo. at Hewitt Robbins site 10 405-980-026 Const. of sludge treatment fac. 40 200-717-020 E. Delevan-Bailey Comm Ctr. 20 1988-B Bonds Maximum Account Project Life 200-970-050 Const. School P.S. 59 (8/1/2016) 30 1989-A&C Bonds Maximum Account Project Life 200-717-024 Reconst Caz Park Casino 15 200-402-085 Reconst Richard Carnavale Ctr 15 200-402-086 Reconst Lincoln Field 15 200-401-077 Reconst Genesee Street 15 200-401-076 Reconst various sts (8/1/2001) 15 200-717-043 Reconst Caz Park Casino 15 200-402-014 Reconst Lincoln Fieldhouse 15 200-402-092 Reconst Delaware Park Casino 15 200-401-086 Reconst Delaware Avenue 15 200-601-028 Improve parks and play fields 15 200-601-029 Improve parks, play fields in Master Dist. 15 200-717-037 Reconstruct Broadway Market parking ramp 20 200-101-030 Purchase fire fighting vehicle & apparatus 20 200-401-084 Reconst Ohio Street lift bridge 20 200-402-023 Reconst Turner & Mohawk Parking ramps 20 415-980-053 Watermain Replacement along Pilot Stadium St. 40 415-980-055 Reconstruction water main on S. Park Ave. 40 405-980-059 Replace hydrants, valves, pipes 40 1989-B Bonds Maximum Account Project Life 200-970-056 partial reconstruction of various schools 15 1990-A&C Bonds Maximum Account Project Life 200-101-031 Purch Fire fighting Vehicle App 20 200-401-085 Reconstruct Bailey Avenue 15 200-401-087 Partially Reconstruct Niagara Falls Blvd 10 200-401-088 Reconstruct Erie Basin Marina 20 200-402-002 Construct Tifft Farm Playground Shelterhouse 15 200-402-004 Construct Shoshone Park Shelterhouse 15 200-402-008 Reconstruct City Hall elevators 10 200-402-514 Construct Lafayette Park Ice Rink (1/1/2000) 30 200-402-514 Construct Lafayette Park Ice Rink (1/1/2000) 30 200-717-027 Improve/embellish South Park 15 200-717-034 Marine Village improvements 15 200-717-040 Acquire and reconstruct the Autumnwood Sr Citizens Shelter 50 200-717-040 Acquire and reconstruct the Kaisertown Sr Citizens Center 50 200-717-044 Improve Tifft Farm Playground 15 200-717-045 Reconst St. Mary of Sorrows Ch 15 415-410-006 Const new Eagle St (8/27/2016) public parking area 30 415-980-052 Replace Filter medias 40 415-980-054 Replace water main along a portion of Bailey Avenue 40 415-980-056 Remove Asbestos from Colonel Ward Pump Sta. 40 415-980-057 Reconst water distribution faci 40 405-980-026 Construct Alum Sludge treatment and disposal facilities 40 1990-B Bonds Maximum Account Project Life 200-970-055 Partially reconst various school 15 buildings 200-970-058 Equipment for P.S. #59 5 200-970-059 Reconst the Seneca Vocational 20 High School 200-970-060 Handicap access program for City buildings 5 200-970-061 Partially reconstruct school #76 20 200-970-062 Reconstruct School #71 10 200-970-063 Reconstruct School #60 20 200-970-064 Reconstruct School #65 20 200-970-065 Reconstruct School #66 20 Section 5. The aggregate amount of estimated Present Value Savings as set forth in the proposed refunding financial plan attached hereto as Exhibit A, computed in accordance with subdivision two of paragraph b of Section 90. 10 of the Law, is $1,490,883.30. Section 6. (a) Said $52,000,000 Refunding Bonds shall be sold at private sale, and the Comptroller, the chief fiscal officer of the City, is hereby authorized to execute a purchase contract on behalf of the City for the sale of said Refunding Bonds, provided that the terms and conditions of such sale shall be approved by the State Comptroller, and further providing that prior to the issuance of the Refunding Bonds the Comptroller shall have filed with the Common Council a certificate approved by the State Comptroller setting forth the Present Value Savings to the City resulting from the issuance of the Refunding Bonds; (b) in connection with such sale, the City hereby authorizes the preparation of an Official Statement and approves its use in connection with such sale, and, further, consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is executed and available for distribution; (c) the Comptroller is hereby further authorized and directed to take any and all actions necessary to accomplish said refunding, and to execute any contracts and agreements for the purchase of and payment for services rendered or to be rendered the City in connection with said refunding including the preparation of the refunding financial plan referred to in Section 2. Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the City payable as to both principal and interest by a general tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said Refunding Bonds and provision shall be made annually in the budget of the City for (a) the amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Sections 50.00 and 90. 10 of the Law, the powers and duties of the Common Council relative to prescribing the terms, form and contents and as to the sale and issuance of the Refunding Bonds, and to executing any arbitrage certification relative thereto, as well as to executing the Escrow Contract described in Section 10 and the Official Statement referred to in Section 6, are hereby delegated to the Comptroller, the chief fiscal officer of the City. Section 9. The validity of the Refunding Bonds authorized by this resolution may be contested only if: (a) such obligations are authorized for an object or purpose for which the City 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. Section 10. Prior to the issuance of the Refunding Bonds, the City shall contract with Fleet Bank, Buffalo, New York, a bank or trust company located and authorized to do business in this state, for the purpose of having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of the Refunding Bonds, together with all income derived from the investment of such proceeds. The Escrow Contract shall contain such terms and conditions as shall be necessary in order to accomplish the refunding financial plan, including provisions for the Escrow Holder without further authorization or direction from the City, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on behalf of the City the notices of redemption authorized to be given pursuant to Section 13 hereof, and (d) to invest the moneys held by it consistent with the provisions of the refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute a covenant with the holders of the Refunding Bonds. Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt, shall be placed in escrow by the City with the Escrow Holder in accordance with the Escrow Contract. All moneys held by the Escrow Holder shall be invested only in direct obligations of the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates when such moneys will be required to make payments in accordance with the refunding financial plan. Any such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall be returned to the City and shall be applied by the City only to the payment of the principal of or interest on the Refunding Bonds then outstanding. Section 12. That portion of such proceeds from the sale of the Refunding Bonds, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Bonds To Be Refunded, including any redemption premiums, in accordance with the refunding financial plan, shall be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof held by the Escrow Holder. The pledge and lien provided for herein shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledge and lien, need be filed or recorded. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90. 10 of the Law, the Common Council hereby elects to call in and redeem all the Bonds To Be Refunded which are subject to prior -redemption according to their terms on each applicable Redemption Date. The sum to be paid therefor on each applicable Redemption Date shall be the par value thereof, the accrued interest to each applicable Redemption Date and the redemption premiums. The Escrow Holder is hereby authorized and directed to cause notices of such calls for redemption to be given in the name of the City, by publishing the notices of call for redemption at least three times in a financial newspaper published and circulated in the City of New York and in the official newspaper or newspapers of the City, or, if there be no official newspaper, then in any newspaper having general circulation therein, the first publication to be at least thirty and not more than sixty days prior to each applicable Redemption Date, or, in the case of the registered bonds, by mailing such notice to the registered holder at least thirty and not more than sixty days prior to such applicable Redemption Date. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded subject to prior redemption and the direction to the Escrow Holder to cause notices thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from time to time. Section 14. This resolution shall take effect immediately subject to approval by the Mayor in accordance with Section 38 of the Charter of the City of Buffalo. Introduced: SEP 7 1993 LAID ON THE TABLE. No. 215 By: Mr. Coppola Request DPW Use Painted Markings on Street to Designate Traffic Regs Whereas: The City of Buffalo uses signage to designate traffic regulations such as stop signs; and Whereas: Many communities use pavement markings as well as signage to designate traffic regulations especially in areas where there is poor visibility caused by buildings or topography; and Whereas: There are several locations within the Delaware District where safety could be improved by pavement markings such as stop or school. Now therefore be it resolved that This Common Council requests that the Department of Public Works Division of Engineering begin using pavement markings to reinforce designated traffic regulations such stop signs and school zones to promote public safety. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 216 By: Mr. Coppola Rescind Fee for Permit to Block Streets for Block Parties Whereas: A new fee was recently established by the City for a permit to block streets for block parties; and Whereas: While this fee is only $12, most block clubs are informal by nature and do not collect dues, therefore, if a block club decides to block their street for a party, this fee must come out of one of the resident's pockets; and Whereas: The block clubs applying for and receiving a permit to block their streets receive nothing from the city except the permit; they must provide their own barricades, and the city doesn't even clean the street before block parties; and Whereas: Police Community Services has encouraged the formation of block clubs as a deterrent toward crime, and encourages block clubs to have periodic block parties to help promote unity and as a way to get to know their neighbors; and Whereas: While $12 may not seem like a lot of money, it might prove to be counterproductive in block club organizing. Now therefore be it resolved that This Common Council supports the block club concept and requests that the Department of Public Works Traffic Engineering Division supply this body with a report on the total number of block party permits issued to date comparing last year's figures for the same period this year in anticipation of rescinding the fee to close streets for block party purposes. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 217 By: Mr. Coppola Request Update from State DOT on S-curves Whereas: New York State Department of Transportation has been working with the City of Buffalo on the reconstruction of Delaware Avenue, Route 384, from North Street to West Delavan Avenue; and Whereas: The final half of this project, including the reconstruction of Gates Circle, should be completed this fall; and Whereas: City and suburban residents, alike, have been anxiously awaiting the reconstruction of the infamous S-curves through Delaware Park; and Whereas: The S-curves roadbed and the bridges over Scajaquada Creek have been deteriorating for the last ten years, and in their present condition are extremely hazardous, no matter what the weather conditions; and Whereas: Because Delaware Avenue is a State highway, the DOT is responsible for design although the City has contributed toward the cost of the design; and Whereas: The condition of the road and bridges is deplorable, and the State does not anticipate construction beginning until 1996 or 1997; therefore, a temporary resurfacing should be undertaken to assure safety for the multitudes of users; and if necessary, the State and City should share in the cost of the temporary resurfacing. Now therefore be it resolved that This Common Council requests that the Department of Public Works Division of Engineering immediately undertake the temporary resurfacing of the S-curves portion of Delaware Avenue, Route 384, to assure the safety of motorists; and Be it further resolved that The City Clerk forward a certified copy of this resolution to the Regional Director of the New York State Department of Transportation with the request that temporary resurfacing of the S-curves be done to assure motorist safety until a complete reconstruction can take place. ADOPTED. No. 218 By: Mr. Coppola Memorialize State to Increase Penalty for Stop Sign Violation Whereas: Stop signs are placed at intersections to assign right-of-way and generally are installed at locations where there is a history of accidents or visibility restrictions, or high volumes of traffic indicate necessity; and Whereas: Non-compliance of stop signs has become an increasing complaint from block clubs and neighborhood groups; and Whereas: The State sets the fees for traffic violations, and most moving violations, including failure to come to a complete stop at a stop sign, are currently $40 plus a $25 surcharge for a total of $65, or if the case is adjudicated, the fee can be as high as $100 plus the $25 surcharge for a total of $125; and Whereas: While this may be considered by some an enforcement problem, a traffic violation such as this would be a very low priority with crime on the increase in today's world; and Whereas: Apparently the current combined fee of $65 is not high enough to deter motorists from ignoring stop signs; and Whereas: Public safety is always an important issue; therefore, an increase to $100 plus the $25 surcharge, with a maximum fine of $150 plus the $25 surcharge, might help to bring motorists into compliance more readily. Now therefore be it resolved that This Common Council of the City of Buffalo memorializes the State of New York to increase the fee for stop sign violations to $100 plus surcharge, with a maximum fine of $150 plus surcharge, to help deter the increasing problem of motorists' failure to comply. Be it further resolved that The City Clerk send certified copies of this memorialization to the Clerk of the Assembly, the Secretary of the Senate, and all members of the Western New York Delegation. ADOPTED. No. 219 By: Messrs. Coppola and Collins Permission to Erect Banner for Deaf Awareness Week Whereas: Deaf Awareness Week will be celebrated September 19th through the 26th; and Whereas: This year's celebration will include a performance at Rockwell Hall by the National Theatre of the Deaf and a 5K Run; and Whereas: St. Mary's School for the Deaf is seeking permission to erect a banner over Main Street in front of the school from light pole number 2258 to the maple tree directly across the street to draw attention to the worthwhile activities taking place during Deaf Awareness Week. Now therefore be it resolved that This Common Council grants permission to St. Mary's School for the Deaf to erect a banner over Main Street in front of the school from light pole number 2258 to the maple tree directly across the street providing this banner meets all requirements of all pertinent city departments and violates no existing law or ordinance. ADOPTED. No. 220 By: Mr. Fahey Install 4 Way Stop Signs at the Intersection of Merrimac Street and Bruce Streets Whereas: The intersection of Merrimac Street and Bruce streets is located in a densely populated area of the city's university District; and Whereas: Area residents have regarded the Merrimac street and Bruce street intersection as a safety hazard due to a lack of consistent stops signs along the thoroughfare; and Whereas: On July 27, 1993 residents realized their worst fears when a 8 year old child was struck and injured by a car that passed through the unregulated intersection; and Whereas: With the natural demographics of the area consisting of young families, school children and college students, traffic control at the Merrimac Street and Bruce street intersection is of paramount importance; and Whereas: As the new school year approaches, numerous school children and school busses will cross the Merrimac street and Bruce street intersection increases the need for swift measures to control traffic through this problem area. Now, Therefore Be It Resolved That: This Common Council requests the Department of Public Works to install four way stop signs at the intersection of Merrimac street and Bruce streets and investigate the possibility of inconsistent stop signage along Merrimac street. ADOPTED. No. 221 By: Mr. Fahey Senior Citizens Immunization Program Whereas, the City has in the past cooperated with various government agencies to promote the vaccination of senior citizens for immunization against the influenza virus; Whereas, the City desires to increase the availability of influenza vaccine to senior citizens beyond the extent that existing agencies will be able to provide for the 1993 influenza season; Whereas, to such purpose the City has solicited Working Well, Inc. to provide influenza vaccinations to eligible citizen's of the City during the fall of 1993 at various sites in the City of Buffalo under the auspices of the Mayor's Office for Senior Citizens; Now, Therefore, Be It: Resolved, that the Mayor be, and he hereby is, authorized to enter into an agreement substantially in the form as attached hereto with Working Well, Inc. to provide influenza immunizations to senior citizens at various sites in the City of Buffalo during the fall of 1993 at a cost not to exceed $8.00 per immunization which shall be paid for by the recipient. PASSED. AYES- 12 NOES- 0. No. 222 By: Mr. Fahey Public Hearing on Demolition of 2183 - 2211 Main Street Whereas: On June 10, 1993 a bill was introduced in the Senate (S 5270) and the Assembly (A 8415) to sell and convey the property known as 2183-2211 Main St, recently used and abandoned by SUNY, to Sisters Hospital; and Whereas: Governor Cuomo signed this bill on July 26, 1993; and Whereas: The approval of this bill allows Sisters Hospital to tear down the four structures on this land for a parking lot; and Whereas: One of the buildings in question, the former Marine Hospital built in 1907, now known as building "A", (or 2211 Main street), was granted historical landmark status by the Buffalo Common Council on January 21, 1992; and Whereas: The structure known as building "B", the former Nurses Residence, contains a WPA mural entitled "Old Buffalo of the Elegant Eighties and Nifty Nineties", painted by William Rowe, which remains intact and surrounds the foyer of the building and also has historical significance; and Whereas: The ordinances of the City of Buffalo prohibit any structure granted landmark status from being razed or altered without approval of the Buffalo Preservation Board; and Whereas: There is no mention of historical landmark status in either the assembly or senate bill; and Whereas These bills were introduced to circumvent the normal process which would have required a public notice of the intent to sell these properties; and Whereas: There is a misconception that these buildings are vacant, when in reality The sickle Cell Foundation, the University at Buffalo Incubator Program, and seven other biochemical and high tech businesses are located at this site; and Whereas If this site is demolished, the firms would most likely leave Buffalo or go out of business, causing Buffalo to lose 21 jobs; Now, therefore, be it resolved: That this Council hold a public hearing, inviting members of the state senate and assembly, Buffalo Preservation Board and Officials of Sisters Hospital to discuss the ramifications of the state's action; and Be it further resolved: That this Council request that any and all actions necessary to grant Historical Landmark Status to Buildings known as "B", "C", and "D" be undertaken by the appropriate authorities. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 223 By: Mr. Fahey Ordinance Amendment Amend Chapter 479 - Vehicles and Traffic By Adding A New Article IV - Cruising The Common Council of the City of Buffalo does hereby ordain as follows: That a new article IV, section 479-6 through 479-9 be added to Chapter 479 of the Code of the City of Buffalo to read as follows: Article IV Cruising 479-6 Definition. Cruising is defined as driving a motor vehicle along a hereinafter designated block long portion of a city street three (3) or more times within any one (l) hour period from 9:00 p.m. to 5:00 a.m., or six (6) or more times within any three (3) hour period from 9:00 p.m to 5:00 a.m. Driving upon any street of the streets designated a third time or a sixth time, as hereinabove stated, constitutes "cruising" 479-7 Designation of streets. The Commissioner of Police may designate and post any block long portion of any city street an anti-cruising area upon making a finding that such street is or is likely to become an area of illegal prostitution or drug-related activities. This designation shall be filed with the Common Council and shall take effect upon filing. 479-8 Penalties. Cruising, as hereinabove defined, shall constitute a violation of this ordinance. Any person violating any of the provisions of this ordinance shall be subject to a fine or penalty as provided in Chapter 1, General Provisions, Article III, General Penalty, of this Code. 479-8 Exceptions. This ordinance shall not apply to any vehicle licensed to or operated by a federal, state or municipal official while on official business, any public safety or emergency vehicle, or any vehicle used for public transportation, or transportation for hire, whether the same be a bus, taxicab or limousine. Approved as to form R. Peter Morrow Deputy Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 224 By: Mr. Fahey City Of Buffalo Local Law (1993) Introductory No. 7 (1993) A LOCAL LAW amending Sections 22 and 24 of Article 3, Section 60 of Article 4 and Section 111 of Article 7 of the Charter of the City of Buffalo, in relation to term limitations of elected officials. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Section 22 of Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Any council member-at-large [heretofore or] hereafter elected under this act by the electors of the entire city [or by the electors of a district] shall be eligible for reelection [.] to no greater than one additional successive term. Any council member hereafter elected under this act by the electors of a district shall be eligible for reelection to no greater than four additional successive terms. However any council member shall be eligible for reelection upon the expiration of an intervening term. Section 2. That Section 24 of Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Any president of the council hereafter elected under this act shall be eligible for reelection to no greater than one additional successive term; provided that any president of the council shall be eligible for reelection upon the expiration of an intervening term. Section 3. That Section 62 of Article 4 of the Charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: Any mayor [heretofore or] hereafter elected as such under this act shall be eligible for reelection [.] to no greater than one additional successive term; provided that any mayor shall be eligible for reelection upon the expiration of an intervening term. Section 4. That Section Ill of Article 7 of the Charter of the City of Buffalo, adopted pursuant to law, be amended as follows: At the general election in the year nineteen hundred twenty-seven and at the general election held each fourth year thereafter a comptroller shall be elected by the electors of the entire city for a term of four years. Any comptroller hereafter elected as such under this act shall be eligible for reelection to no greater than one additional successive term; provided that any comptroller shall eligible for reelection upon the expiration of an intervening term. Section 5. This local law shall take effect January 1, 1994. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter underlined is new, to be added; matter in brackets is old law, to be omitted. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 225 By: Messrs. Fahey, Higgins, Franczyk and Bakos Buffalo Color Corp. Oil Spill On The Buffalo River Whereas: On August 7, 1993 at 4:30 AM Buffalo Color Corp. released an estimated 2,000 gallons of diesel fuel oil to the Buffalo River.; and Whereas: Inasmuch as the river was in its summer estuarine state, the oil spread upstream past the confluence of the Cazenovia Creek and the Buffalo River, polluting both bodies of water; and Whereas: At least four booms were laid down to contain the spill and the DEC reported that these booms have become saturated with oil and needed to be drained; and Whereas: It will probably be several months before a fill measure can be taken of the damage done by the spill; and Whereas: This incident illustrates the vulnerable position of the river and points to the need for increased safeguards as industrial pollution has generally subsided and the river is finally getting a chance to heal and clean itself and Whereas: By resolution this Common Council appointed a Good Neighbor Committee and invited Buffalo Color and other industries which impact on the river to negotiate an agreement to prevent pollution and assure the safety of the community and the river environment; and Whereas: Buffalo Color stated in a reply that they did not want to meet with the committee; and Whereas: Now more than ever, a Good Neighbor Agreement is needed to guarantee that the community, the workforce, and local environmentalists are involved with insuring that the best, safest and least polluting technology is being used at plants near the Buffalo River; and Now therefore be it resolved, that: This Common Council once again requests Buffalo Color Corp., PVS, Inc., Buffalo China Inc. and Airco Inc. to meet with its appointed Good Neighbor Committee to cooperatively share information and negotiate a Good Neighbor Agreement focused on pollution prevention, accident deterrence and effective communication between all involved parties Be it further resolved, that: This Common Council requests reports from the NYSDEC, the USEPA, and the Buffalo Environmental Management Commission on the causes and impacts of this spill along with a description of cleanup activities and prescriptions for avoiding future accidents. Be it finally resolved, that: The City Clerk be directed to send certified copies of this resolution to the above listed agencies. ADOPTED. No. 226 By: Messrs. Franczyk, Amos, Fahey and Mrs. LoTempio Ordinance Amendment - Chapter 264 - Licensing Of Rental Housing Business The Common Council of the City of Buffalo does hereby ordain that a new Chapter 264 be added to the Code of the City of Buffalo, with sections and section headings to read as follows: That Chapter 264 of the Code of the City of Buffalo be added to read as follows: LICENSING OF RENTAL HOUSING BUSINESS 264.1. Legislative Intent 264.2. Definitions 264.3. Rental Housing Business License required; Exemptions 264.4. Application for License 264.5. Provisional Licenses 264.6. Issuance or Denial of Rental Housing Business License 264.7. Effect of Denial or Revocation 264.8. Term of Rental Housing Business License 264.9. Transfer of License or Provision License 264.10. Revocation of Rental Housing Business License 264.11. Duties of Licensee 264.12. Fees 264.13. Penalty 264.14. Enforcement and Inspection Authority 264.15. Notice of Violation 264.16. Severability 264.17. Remedies in this chapter not exclusive 264-1. Legislative Intent. The intent of this chapter is to protect the public health, safety and general welfare of the people of the City of Buffalo by recognizing that the offering for rental of dwelling units is a business and classifying and regulating all such rentals as a rental housing business and further including as beneficial purposes: A. The protection of the character and stability of residential areas; B. The correction and prevention of housing conditions that adversely effect or are likely to adversely effect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings; C. The enforcement of minimum standards for heating, and sanitary equipment necessary to health and safety; D. The enforcement of minimum standards for light and ventilation, necessary to health and safety; E. The enforcement of minimum standards for the maintenance of existing residential buildings, and to thus prevent slums and blight; F. The preservation of the value of land and buildings throughout the city. 264-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: Dwelling unit: a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile or residence of one or more human beings, not to include hotels or motels, beds and breakfast establishments, boarding or rooming houses. Housing code: means all state and local laws for the establishment and maintenance of housing standards. Owner: the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling. 264-3. Rental Housing Business License Required; Exemptions. A. License Required. No person shall allow to be occupied, or rent to another for occupancy, any dwelling unit unless the owner has first obtained a Rental Housing Business License or a provisional license as hereafter provided. B. Exemptions. The provisions of this chapter shall not apply to owner occupied buildings containing two or less dwelling units; hotels; motels; bed and breakfast establishments; rooming or boarding houses; hospitals; nursing homes; or other dwelling units which offer or provide medical or nursing services, if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants. 264-4. Application for License. A. Within one hundred twenty days after the effective date of this chapter the owner of each dwelling unit existing on the effective date of this section shall make written application to the Commissioner of Inspections and Community Revitalization [hereinafter referred to as Commissioner) for a Rental Housing Business License. In addition, the owner of each dwelling unit constructed after the effective date of this chapter shall make written application to the building official for a Rental Housing Business License as herein provided prior to any initial occupancy. Such application shall be made on a form furnished by the Commissioner and shall set forth the following information, in addition to other information which may be necessary to administer, enforce, and insure compliance with the provisions of the housing code. 1. Name, principal residence address, principal business address, of the owner for the purpose of effecting personal service of process under the provisions of the Civil Practice Law and Rules of the State of New York. 2. If the owner is a partnership, joint tenancy, tenancy in common, or tenancy by the entirety, then each and every owner or general partner shall be indicated on the application and register an address as specified in subparagraph (1). One address may be designated by the owner for the purposes of effecting service of process on each and every owner or general partner. 3. If the owner is a corporation, the legal address of the corporation must be registered and also the name, title and residence address of all officers for the purpose of personal service of process as specified in subparagraph (a). 4. If the owner has designated an agent, then the name of such agent must be included in addition to that of the owner as specified in subparagraph (1). Failure to include the correct address of the owner or agent or other information known to be false shall be grounds to deny or revoke a Rental Housing Business License. 5. It shall be the responsibility of the owner of record to properly register any change of address for the purpose of service of process. 6. Non Resident Designation of Agent. If an owner is not a resident of the City of Buffalo, or is a corporation wherever located, then the owner shall designate a natural person who is a resident of the City of Buffalo as agent authorized to accept service of process and to receive and give receipt for notices of violation under Section 264-15. Such designation shall be on a form approved by the Commissioner. 7. For purposes of this section, a post office box shall not be accepted as the owner's address. Further, the building intended to be licensed shall not be accepted as the owner's address unless it is the principal place of business or residence of the owner. 264-5. Provisional Licenses. A. The Commissioner shall issue a provisional license to the owner of a dwelling unit who has submitted an application and paid the application fee required by this chapter; however, dwelling units constructed or converted to rental usage after the effective date of this chapter shall not be eligible for a provisional license and shall not be occupied for human habitation prior to the issuance of a Rental Housing Business License. A provisional license shall authorize the continued occupancy of dwelling units in actual existence on the effective date of this chapter, pending issuance or denial of a Rental Housing Business License. B. Effect of Provisional License. A provisional license indicates only that the owner has submitted an application for a Rental Housing Business License and paid the required fee, and that the license shall be issued or denied after the building and all dwelling units have been inspected for compliance with the housing code. A provisional license is not a determination that the building complies with the housing code. 264-6. Issuance or denial of Rental Housing Business License. A. Upon completion of an inspection of a building and dwelling units therein, if the Commissioner finds compliance with the housing code, a Rental Housing Business License shall be issued upon the applicant's payment of any required bees. B. Upon completion of an inspection of a building and dwelling units therein, if the Commissioner finds noncompliance with the housing code, the Commissioner shall issue a notice of violation in accordance with Section 264-15, providing for a reasonable time, not to exceed sixty (60) days, for the correction of any violations of the housing code. Upon reinspection, if the Commissioner finds non-compliance with the notice of violation the Commissioner shall deny a Rental Housing Business License and revoke any provisional license. The Commissioner shall issue a written statement to the applicant or provisional licensee setting for the reasons for the denial or revocation. 264-7. Effect of Denial or Revocation. A. Vacant Units. When a Rental Housing Business License has been denied or revoked, or a provisional license has been revoked, no further rental and occupancy of dwelling units then vacant shall be permitted until a Rental Housing Business License has been issued. B. Occupied units. In addition to other penalties under this chapter when a Rental Housing Business License has been denied or revoked, or a provisional license has been revoked for reasons which in the determination of the Commissioner present violations of the housing code that create a hazard to the health and safety of the occupants, the dwelling units containing said violations shall be vacated within 31 days of such determination and shall not be reoccupied until a Rental Housing Business License has been issued. 264-8. Term of Rental Housing Business License. A. Rental Housing Business License issued pursuant to this chapter shall expire three (3) years after the date of its issuance, unless sooner revoked pursuant to Section 264-10. 264-9. Transfer of License or Provisional License. A. A Rental Housing Business License issued pursuant to this chapter is transferrable, to any person who has acquired ownership of a licensed building for the unexpired portions of the three-year term for which it was issued, provided that an application to transfer such license is filed with the Commissioner within thirty days of title transfer and the dwelling units therein are in compliance with the housing code. Any transfer pursuant to this Section, shall be charged a fee as specified in Chapter 175. 264-10. Revocation of Rental Housing Business License. A. A Rental Housing Business License or Provisional License issued pursuant to this chapter may be revoked by the Commissioner for any one (1) or more of the following reasons: 1. Fraud, misrepresentation, or a false statement as to a material fact in the application. 2. A finding that a Rental Housing Business License or Provisional License was issued in error and not in accordance with applicable law. 3. A violation of any of the provisions of this chapter, including non-compliance with a notice of violation issued pursuant to Section 264-15. 264-11. Duties of Licensee. A. Every holder of a Rental Housing Business License or provisional license shall: 1. Conspicuously post the license in a protected mounting in the public corridor, hallway or lobby of the building for which the license was issued. In buildings other than multiple dwellings, this posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit. Additionally, such license shall be produced at the request of a tenant, or prospective tenant, and shall be available at reasonable times for inspection by an authorized city inspector. 2. Permit the Commissioner or a designee to enter freely, with reasonable notice if practical, upon the premises for the purposes of an interior or exterior inspection at any time deemed necessary by the Commissioner. 3. Conform with all other applicable state, county and city laws and ordinances on matters not with specifically addressed in this chapter. 264-13. Penalty. In addition to any applicable provisions of Section 264.7, any violation of this chapter by a person, firm or corporation, shall be punishable by a fine or penalty of not more than one thousand five hundred dollars ($1,500) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment for each offense. 264-14. Enforcement and Inspection Authority. A. The Commissioner or a designee shall enforce the provisions of this chapter and is hereby authorized to make inspections on a scheduled basis or when reason exists to believe that violation of this chapter has been or is being committed. B. Inspection access. If any owner, occupant or other person in charge of a dwelling or dwelling units fails or refuses to permit free access and entry to the structure or premises under his control for any inspection pursuant to this ordinance the Commissioner may seek a search warrant or other appropriate court order authorizing entry. 264-15. Notice of Violation. A. Whenever the Commissioner determines that a building or a dwelling unit contained therein is in violation of the housing code, he shall issue a notice of violation setting forth: 1. The location of the subject property; 2. Specific violations of the housing code; and 3. A reasonable time, not to exceed sixty (60) days, for the correction of any violations. B. For purposes of this Section, the Commissioner may grant additional time to correct violations of the housing code. Any such extensions shall be issued in accordance with the requirements of this section. C. The notice of violation shall be sent to the last known residence or place of employment of the owner or agent. In the event such mailing is returned undeliverable by the post office notice may be posted at the building and dwelling units described in the notice. 264-16. Severability. If a term, part or provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remaining terms, parts, provision, sections, subdivisions and paragraphs. 264-17. Remedies in this chapter not exclusive. The provisions of this chapter are not exclusive and are in addition to, and do not supersede or preempt other remedies or provisions of the city, state, or federal laws and housing codes as may apply. This chapter shall apply in addition to any requirements applicable to multiple dwellings under the New York State Multiple Dwelling Law. This ordinance shall be effective January 1, 1994. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 227 By: Messrs Franczyk & Amos Hanging a new banner at Kensington and Bailey Avenue for the Meals on Wheels Volunteer Drive Whereas: Meals on Wheels has long been a service to Buffalo and Erie County; and Whereas: The last banner hung for their volunteer drive blew down at Main and Goodell Streets; and Whereas: The erection of another banner is important to keep Meals on Wheels strong volunteer following; and Whereas: It is necessary to encourage volunteers from all over the city to keep the program alive. Now Therefore It Be Resolved That: Meals on Wheels of 775 Main Street, be allowed to erect a new banner across Kensington and Bailey Avenue for the purpose of recruiting new volunteers, and the length of time this banner shall hang shall be governed by the established guidelines of the Public Works Department. ADOPTED. No. 228 By: Mr. Higgins Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Tracy A. Boyette Claim for loss of garbage can. $ 15.00 2. Brownies Uniform Company, Inc. Claim for prior fiscal year Invoice #13742 for services rendered to the Police Dept. $ 64.50 3. Buffalo Rehab Group P.T., P.C. Claim for prior fiscal year invoice for services rendered to Firefighter George McKenna. $ 25.92 4. Chris Burchalewski Claim for loss of garbage can. $6.00 5. Monira Burg Claim for loss of garbage can. $12.00 6. Robert Caulfield Claim for loss of garbage can. $9.00 7. Scott E. Curtis Claim for loss of garbage can. $6.99 8. Ann DeCillis Claim for loss of garbage can. $11.00 9. Doorway Rug Service, Inc. Claim for prior fiscal year Invoices #329008, #331615 and #334221 for services rendered to the Department of Law. $ 15.00 10. Erie County Clerk's Office Claim for prior fiscal year Invoice #F 1925 for a Judgment Search for the Dept of Law. $ 25.50 11. William Fink Claim for loss of garbage can. $5.00 12. Mary L. Gillespie, Bryant Health Inc. Claim for loss of garbage can. $12.50 13. JoAnn Hammons Claim for loss of garbage can. $15.00 14. Jack W. Hunt and Associates Claim for prior fiscal year Invoice #65799 for services rendered to the Dept of Law. $34.00 15. Peter Koteras Claim for loss of garbage cans. $14.00 16. Yolanda Miller Claim for loss of garbage cans. $18.00 17. Richard R. Morlock Claim for loss of garbage cans. $20.00 18. Louise Nickolas Claim for loss of garbage can. $4.00 19. Frances Nyitrai Claim for loss of garbage can. $6.00 20. Camille M. Perla Claim for loss of garbage can. $10.00 21. Vanessa Perry Loss of garbage cans. $17.00 22. Sanders Legal Publishers, Inc. Claim for prior fiscal year Invoice #92138 for services rendered to the Dept of Law. $49.00 23. Khadidia Tall Claim for loss of garbage cans. $30.00 24. University Radiology at ECMC, P.C. Claim for services rendered to Police Officers Darlene Peterson, Pamela Gorski and George Bratton. $73.11 25. Charles A. Vallone Claim for loss of garbage can. $12.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0. No. 229 By: Mr. Higgins Renaming Tifft Playfields the George J. Hartman Fields Whereas: George J. Hartman, a lifelong resident of South Buffalo and loving father who raised three children in the Babcock area; and Whereas: George J. Hartman was a three-sport athlete in football, basketball and baseball at various amateur levels and football at the semi-pro level and in the Army; and Whereas: George J. Hartman spent forty years coaching, refereeing and working with children at the Babcock Boys Club; and Whereas: George J. Hartman passed away after a courageous battle with cancer at the age of 63; and Now, Therefore Be It Resolved: That in respect and appreciation for his longtime contributions to children, the community and to the spirit of competition, the Tifft Playfields be henceforth called The George J. Hartman Fields. LAND ON THE TABLE. No. 230 By: Mr. Higgins Payment In-Lieu of Medical Insurance Coverage Corrective Action Plan Whereas: A recently released performance audit of the Payment In-Lieu of Medical Insurance Coverage Program by the City Comptroller revealed that medical insurance for Buffalo's employees and retirees costs the city $22.6 million per year and the Department of Labor Relations has done little to reduce these costs; and Whereas: The audit states that health insurance costs are the fastest growing item in the city's budget but millions could be saved if more workers and retirees - many of whom are covered under relatives' health-care plans - are encouraged to take cash payments instead of health insurance; and Whereas: The payment in-lieu of Medical Insurance Coverage presently makes $150,000 in payments of this kind to employees and retirees a year, but, in return, gains savings of nearly $1.2 million on its insurance costs; and Whereas The audit revealed that over the past 21 months, the administration has exerted little effort in increasing the program's effectiveness. Little has been done to increase enrollment into the program, and with the limited enrollment in the present program, auditors found 37 instances in which employees were overpaid and 12 cases where program participants continued to receive medical coverage in addition to payments in-lieu of insurance, with a loss to the taxpayers of $100,000; and Whereas: Because medical insurance is a large financial drain on the city budget every option available to reduce these costs should be pursued vigorously. Now, Therefore Be It Resolved That: This Common Council requests the Department of Administration and Finance to file with the Common Council a corrective action plan addressing the shortcomings outlined in the Performance Audit of the Payment In-Lieu of Medical Insurance Coverage Program within fourteen days from passage of this resolution. ADOPTED. No. 231 By: Mr. Perla City of Buffalo Local Law No.(1993) Introductory No. 6 (1993) A Local Law amending section one hundred forty-three of the charter of the city of Buffalo relating to the duties and powers of the Commissioner of Inspections and Community Revitalization. Be it enacted by the Common Council of the City of Buffalo as follows: Section 1. That that part of section one hundred forty-three of the charter of the city of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 143. Duties and Powers of Commissioner. The Commissioner shall enforce the provisions of all laws, ordinances, rules and regulations as may govern the construction, alteration, repair, maintenance, use, occupancy, safety, sanitary conditions, mechanical equipment and inspection of buildings or structures, and shall have charge of the removal of buildings and other structures. He shall have charge of all publicly supported neighborhood residential rehabilitation and construction. He shall oversee all neighborhood revitalization activities and administer programs to assist neighborhood revitalization. He shall prepare and file with the Common Council a detailed and comprehensive plan for the revitalization of city neighborhoods, to include provision for code enforcement, grant programs, new housing strategies and personnel deployment, and shall file an update of such plan annually by the first day of December. He shall also perform all of the duties conferred upon the several divisions of the department, and shall administer and coordinate their various functions. Approved as to form R. Peter Morrow Deputy Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 232 By: Mr. Perla Dismiss Demolition Charges and Liens on property Located at 186 Fourteenth St. Whereas: In 1989, the property located at 186 Fourteenth Street, belonging to Mrs. Wanda Ruggerio was demolished for reasons of dilapidation; and Whereas: As of 8/2/93 a sum of $9,149.01 in demolition costs charged to Mrs. Ruggerio remain outstanding causing the property to be in jeopardy of tax foreclosure; and Whereas: Mrs. Ruggerio has endured extreme hardship citing a lack of understanding of the costs incurred by her for demolition of her property and of being mislead by the City Assessment Office in her effort to secure a compromise for payment of demolition charges; and Whereas: On numerous occasions, Mrs. Ruggerio has contacted officials in the City Assessment Office to explain her situation only to receive conflicting and confusing answers ranging from recommendations of waiving all demolition charges to arranging an agreeable payment plan which the city balked on; and Whereas: Mrs. Ruggerio an elderly widow who lives on a fixed and very limited income comprised of Social Security Benefits and a small pension from her deceased husband, could manage an offer of $1000.00 in compensation for demolition costs; and Whereas: The lot which Mrs. Ruggerio wishes to retain and manage will be foreclosed on in the very near future. Now, Therefore Be It Resolved That: This Common Council request the Commissioner of the Department of Assessment accept the offer of $1000.00 as compensation for demolition costs for the property located at 186 Fourteenth St. and dismiss all subsequent demolition charges and liens due; and Be It Further Resolved That: The Commissioner of Assessment remove the property located at 186 Fourteenth Street from the tax roll foreclosure list. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE COMPTROLLER. No. 233 By: Mr. Pitts Fading City Stop Signs Whereas: It seems the City's stop signs are fading. Losing colors, paling by the intersection, waxing dull instead of reflective enlightenment, and Whereas: The fading signs have given new meaning to running a red stop! The usual rich scarlet hue, discernable from at Least one hundred feet is now only a pastel blend of wimpish white and pink, and Whereas: Stop signs should be bold and clear! contrast-able from mere yellow signs. Commanding, daring one to challenge its stated purpose. Now Therefore Be It Resolved That: The Common Council requests the Commissioner of Public Works to stop and immediately report to the Council about this senescent signage; hopefully with an eye towards replacement. ADOPTED. No. 234 By: Mr. Pitts Charter Amendment to Establish War Memorial Stadium Community Board Whereas: The legacy of the War Memorial stadium will live on a major sports venue thanks to the innovative transformation to a valuable amateur sports facility; and Whereas: As an amateur sports facility, the stadium's new life is dedicated to serve our youth and the multi sports needs of the City of Buffalo; and Whereas: Numerous youth groups and sporting organizations have forwarded requests to use the facility. However, a governing policy for administering the facility is not in place; and Whereas: In order to maximize the potential and positive impact the facility could have on the community and the City of Buffalo a War Memorial Stadium Community Board should be put in place to establish policy for use and the maintenance of the facility; and Whereas: A Community Board comprised of appointees from the Mayor, Common Council and the Community would put forth proper administrative practices needed and more importantly provide a basis to raise monies needed to sustain and future development for the facility; and Whereas: War Memorial Stadium's new life in it's infancy is dependant solely upon the proper direction, maintenance and guidance contributed by a cross section of support and parentage needed from a Community Board comprised of representatives from both the public and private sectors. Now, Therefore Be It Resolved That: This Common Council requests the Corporation Counsel amend the City Charter to establish a War Memorial Stadium Community Board to assume similar responsibilities for maintaining and implementing programs as the Board of Stadium and Auditorium, and Be It Further Resolved That: In the Interim that a Community Board be set comprised of appointments from the Mayor's Office, Common Council and the Community to provide uses for the facility in conjunction with the department of Community Development and the Parks Department; and Be It Finally Resolved That: In order to provide proper maintenance of the facility, Funding sources from the Department of Community Development must be identified. ADOPTED. No. 235 By: Messrs. Pitts and Collins Full Cleanup of Kingsley Park Whereas: The NYSDEC is in the process of installing additional monitoring wells at the Kingsley Park Hazardous Waste Site because ground water readings for arsenic continue to be above the NYS drinking-water standard ; and Whereas: This fact may mean that DEC remedial efforts missed pockets of arsenic buried on this site; and Whereas: In addition, the community remains concerned about unremediated areas just outside the park where high lead levels were found ; and Whereas: The federal Centers for Disease Control has yet to complete its Health Assessment for the Kingsley site; and Whereas: In the Fall of 1992, DEC Commissioner Thomas Jorling wrote a letter stating that "The remediation has obtained its objective, which was to remove the contaminated soil, enabling the city to restore the park as a viable recreational facility. This process could begin immediately."'; and Whereas: It would be unconscionable for the city to reopen the Kingsley Playground until it is completely remediated and determined to be safe for human use; and Whereas: Continued high readings of arsenic give no assurance that redevelopment of the playground is appropriate at this time; Now therefore be it resolved, that: This Common Council requests the NYSDEC and the NYSDOH to appear before the Legislation Committee at its September 28th meeting along with representatives from the neighborhood and from the Departments of Parks and Community Development in order to discuss the redevelopment of the Kingsley Playground; and Be it further resolved, that: This Common Council calls on the DEC to fully remediate the Kingsley site as soon as possible and opposes moves to prematurely redevelop the playground; and Be it further resolved, that: The City Clerk be directed to send certified copies of this resolution to the NYSDEC, the NYSDOH, the Reverend James R. Josey, and the Departments of Parks and Community Development. ADOPTED. No. 236 By: Mr. Zuchlewski Request TCI Restore Senior Citizen/Handicapped Discount Whereas: TCI of New York recently announced a variety of changes in its charges for cable TV services; and Whereas: Although the monthly charge for basic service will drop slightly from $10 to $9.70, the much more popular extended basic will increase in cost from $22 to 23.22 a month; and Whereas: In addition, TCI has made the decision to discontinue its long-standing practice of offering a $2.00 per month Senior Citizen/Handicapped discount effective September 1, 1993; and Whereas: Cable television is a particularly important service for those people in the community who had been eligible for that discount, since they are frequently unable to utilize other forms of recreation and entertainment; and Whereas: Many senior citizens and handicapped individuals are also living on fixed incomes, and cannot afford to pay an additional $1.70 to $3.22 a month in order to receive the same level of services. Now, Therefore Be It Resolved: That this Common Council formally request TCI of New York to reconsider its decision to terminate its Senior Citizen/Handicapped discount rates. ADOPTED. No. 237 By: Mr. Zuchlewski Qualifications for Commissioner of Public Works Whereas: Article 10, Sec. 172 (a) - Qualifications of Commissioner of the City Charter stipulates that the Commissioner of Public Works shall be a civil engineer; and Whereas: Article 10, Sec. 172-a - Civil Engineering Requirement-(1.), stipulates that "At all times, either the commissioner of public works or the senior deputy commissioner of public works must be a civil engineer who meets the requisite experience requirements."; and Whereas: The provisions of Sec. 172-a essentially negate the qualifications stipulated in Sec. 172(a); and Whereas: It is in the best interest of' the city of Buffalo to require that the Commissioner of Public Works be a civil engineer; Now, therefore, be it resolved: That this Common Council request that the Corporation Counsel prepare the appropriate Charter Amendment to mandate that the Commissioner of Public Works be a civil engineer; and Be it further resolved: That a response to this resolution be ,filed with this Council in time for the stated meeting of September 21, 1993. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 238 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 Mercy Donnlevy By Councilmember Arthur Felicitation for 4th Annual Children's Christian Parade By Councilmember Pitts ADOPTED. No. 239 By: Mr. Zuchlewski Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Janis A. Colarusso Plezetta Teague Peter W. McCormick Nancy M. Cononico Donald Miller Lynn F. Eno Total: 6 ADOPTED. No. 240 By: Mr. Zuchlewski Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Patricia D. Pope Thomas O'Connell John B. Sutton George W. Halliwell Matthew L. Brown Daniel J. NeMoyer Josephine NeMoyer John A. Kilcoyne, Jr. Loretta Clark Total: 9 ADOPTED. No. 241 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, SEPT 14, 1993 9:30 AM Finance Tuesday, SEPT 14, 1993 Immediately Following Civil Service Legislation Tuesday, SEPT 14, 1993 2:00 PM Economic Dev. Wednesday, SEPT 15, 1993, 10:00 AM No. 242 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Pitts the Council adjourned at 4:07 P.M. CHARLES L. MICHAUX, III CITY CLERK Meeting Reported by Leonard G. Sciolino, Council and Committee Reporter.